In the new ADA there are residential scoping and technical guidelines.  But these guidelines only deal with Federally funded housing, residences in places of education or social service establishments that have dwelling within.  Other residential facilities, do not fall under the ADA, but Fair Housing or Model Codes.  There are four types of residential projects, but only two are required to follow the ADA Standards.

1. Single Family Housing
2. Multi-Family Housing
3. Federally funded multi-family housing
4. Residential facilities as defined by ADA

This newsletter will explain single and multi-family housing that are not required to meet ADA Standards.

Privately funded Multi-Family Housing

The Fair Housing Act requires that any multi-family project be made accessible to the disabled community. Therefore the owner of a multi-famly property cannot discriminate against a family or individual who is disabled on the grounds that the property is not accessible.

ALL multi-family housing projects are required to be accessible per the Fair Housing Act.  This includes apartment complexes, and even condominiums as long as there are four or more units in the property.

Here are the requirements from the fair housing act guidelines:

– At walk-ups (no elevator) ALL ground level units must meet the requirements

–  in an elevator building ALL units must meet the requirements

Building code and ADA does have percentages for how many units are required to be fully compliant vs. adaptable, but fair housing does not.  Therefore all units must be designed using the minimum guidelines listed below.

There are seven requirements:

1) Accessible building entrance on an accessible route: At least one entrance into the building or unit

2) Accessible and Usable public and common use areas: Places such as parking lots, mail boxes, recreational area, lobbies, laundry areas, community building must be accessible and usable.

3) Usable doors: all doors that allow passage must be wide enough (32″ nominal) and the main entrance must have proper hardware

4) Accessible route into and through the covered dwelling unit

5)  Light switches, Electrical outlets, thermostat and other environmental controls in accessible locations

6) Reinforced walls in bathrooms for future installation of grab bars

7) Usable kitchens and bathrooms: Should be designed and constructed so an individual in a wheelchair can maneuver in the space provided.  No knee clearances are required

To understand more in detail the requirements, visit the Fair Housing Act website or click here for the Design Manual

Single Family Housing

Single family homes, duplexes, triplexes and multi-story townhouses  are not required to be accessible by any accessibility standards. Therefore any single family home development are essentially exempted from having to be accessible to the disabled.

A new movement called “Aging in Place” are advocating for remodeling or retro-fitting homes in order to make them more usable to the disabled and more universally designed so that families can stay together as they age. Below are some of the enhancements we did in a kitchen of a family with a disabled mother and son.  It is also good for their able body husband.

Before the upgrades:

After the upgrades:

Inspector’s Corner

This was a remodel of a single family home.  We installed a pull down shelving which made the shelves within reach range

Click here to watch the video of pull down shelving

For more information

If you want to learn more about the new Standards, The ADA Companion Guide explains the 2004 ADAAG Guidelines  with commentary and explanations throughout.  The 2004 Guidelines were adopted by the DOJ to create the 2010 Standards and by Texas to create the 2012 TAS.  This book explains the technical requirements for both.

The Texas Department of Licensing and Regulation regulates the Architectural Barrier Act and the Texas Accessibility Standards in Texas.  They also issue memos that explain certain ambiguous terms and concepts in the Standards.  They have issued four so far to explain the 2012 TAS.  This newsletter explain them.

TM 2012-01 Electrical Vehical Charging Station

The Technical Memorandum TM 2012-01 has requirements for Electrical Vehicle Charging Station.

Because the US Department of Justice have not issued guidelines for Electric Vehicle Charging station, TDLR decided to create one.  So in Texas this is the requirements:

Twenty percent (20%) but not less than one, of each type of charging station in each cluster on a site shall meet the following criteria:

1. Controls and operating mechanisms for the accessible charging station shall comply with TAS 309 (no twisting of the wrist and less than 5 lbs to operate) and shall be within the forward reach ranges specified in TAS 308.2;
2. The vehicle space(s) with the accessible charging station shall be at least 96 inches wide and shall provide a 36 inch wide (minimum) accessible route complying with TAS  402 on both sides of the vehicle space to allow the user adequate space to exit their vehicle and access both sides of the vehicle. Striping of the accessible routes is recommended but not required.
3. Directional and informational signage complying with TAS 216.3 shall designate the location of the accessible charging stations.  The symbol of accessibility is recommended but not required.

This figure is just one example.  There might be other ways to meet the requirements

TM 2012-02 Emergency Response Building and Facilities

The Technical Memorandum TM 2012-02 explains what to do with facilities for emergency response personnel.  This was taken from the US Access Board and DOJ Commentary.  There are basically Three type of areas within emergency response facilities:

1. Crew quarters that are used exclusively as a residence by emergency response personnel and the kitchens and bathrooms exclusively serving those quarters shall comply with the requirements of 233 (including 233.3.1) and 809 for residential facilities and residential dwelling units.



2. All other common use areas, elements, and spaces, including, but not limited to, parking, drinking fountains, public restrooms, meeting and training rooms, and conference rooms, shall comply with the 2012 TAS.  Multi-story buildings and facilities shall comply with the accessible route requirements found in 206.2.3 unless exempted by 206.2.3, Exception 2, which states that in a public building that is less than three stories with less than 5 occupants on the upper or lower story, an accessible route is not required.



3. Truck bays, workshops, and other employee work areas, elements, and spaces used exclusively by emergency personnel for work shall comply with 203.9 and other provisions of the 2012 TAS applicable to employee work areas which state only approach, enter and exit is required.

TM 2012-03 Shopping Centers and Shopping Malls

The Technical Memorandum TM 2012-03 explains what defines a shopping center or shopping mall and how this affects the elevator/accessible route exception.

The definition of a shopping center is:

a) A building housing five or more sales or rental establishments; or

b) A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments

If a private building is a shopping center and has more than one story, an accessible route is required, no matter what is going on on the second story.

But there is an exception if it is a retail space in a one story building with a mezzanine.

A free standing store, like Walmart is not a shopping center and therefore a mezzanine may not require an accessible route if it meets all the criteria on 206.2.3 Exception 1 or 206.2.4 Exception 3.

This photo is of a retail story with a second story and it does require an accessible route to the second story.

TM 2012-04 Multi-Story Buildings and Facilities

The Technical Memorandum TM 2012-04 explains what is meant by “square feet” and “per story” in 206.2.3, Exception 1:

1. Square Feet. The reference to “square feet” shall mean gross square feet.
2. Per Story. The term “story” is defined  in 106.5.64  as that portion of a building or facility designed for human occupancy included between the upper surface of a floor or the upper surface of the floor or roof next above.  A story containing one or more mezzanines has more than one floor level.

Therefore, based on 106.1 and the indicated meaning of “story”, the reference to “per story” shall also apply to the first story when calculating square footage.

These clarifications have been confirmed by the Department with the U. S. Access Board and do not constitute a substantive change to the compliance requirements of 206.2.3, Exception 1.



Continuing Education Opportunities

New Orleans

4 hr HSW: 2010 ADA and IBC

Please use this link below for registration and details

Little Rock

4 hr HSW 2010 ADA and IBC

Please  use this link below for registration and details

If you want to learn more about the new Standards, The ADA Companion Guide explains the 2004 ADAAG Guidelines  with commentary and explanations throughout.  The 2004 Guidelines were adopted by the DOJ to create the 2010 Standards and by Texas to create the 2012 TAS.  This book explains the technical requirements for both.

 If you have any questions about these or any other topics, please feel free to contact me anytime.
Marcela Abadi Rhoads, RAS #240
Abadi Accessibility
214. 403.8714
marhoads@abadiaccess.com
www.abadiaccess.com

In the 2010 ADA and the 2012 TAS there are certain elements that require front approach and parallel approach. But not all of those also require for them to be centered along the element. This newsletter will enumerate the one’s that do. Other elements such as lavatories and sinks and operating mechanisms only require forward approach but it is not required to be centered.

Centered Elements

602 Drinking Fountain
602.2 Clear Floor Space. Units shall have a clear floor or ground space complying with 305 positioned for a forward approach and centered on the unit. Knee and toe clearance complying with 306 shall be provided.

611 Washer and Dryer
611.2 Clear Floor Space. A clear floor or ground space complying with 305 positioned for parallel approach shall be provided. The clear floor or ground space shall be centered on the appliance.

703 Signage
703.4.2 Location. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Where a tactile sign is provided at double doors with one active leaf, the sign shall be located on the inactive leaf. Where a tactile sign is provided at double doors with two active leafs, the sign shall be located to the right of the right hand door. Where there is no wall space at the latch side of a single door or at the right side of double doors, signs shall be located on the nearest adjacent wall. Signs containing tactile characters shall be located so that a clear floor space of 18 inches (455 mm) minimum by 18 inches (455 mm) minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position.

This sign has a drinking fountain in front of it, therefore the requirement for a clear floor space centered on the sign has not been met.

804.3 Kitchen Work Surface (Residential only)
804.3.1 Clear Floor or Ground Space. A clear floor space complying with 305 positioned for a forward approach shall be provided. The clear floor or ground space shall be centered on the kitchen work surface and shall provide knee and toe clearance complying with 306.

904.4 Sales and Service Counters.
EXCEPTION: In alterations, when the provision of a counter complying with 904.4 would result in a reduction of the number of existing counters at work stations or a reduction of the number of existing mail boxes, the counter shall be permitted to have a portion which is 24 inches (610 mm) long minimum complying with 904.4.1 provided that the required clear floor or ground space is centered on the accessible length of the counter.

Playground Transfer Systems
1008.3.1.3 Transfer Space. A transfer space complying with 305.2 and 305.3 shall be provided adjacent to the transfer platform. The 48 inch (1220 mm) long minimum dimension of the transfer space shall be centered on and parallel to the 24 inch (610 mm) long minimum side of the transfer platform. The side of the transfer platform serving the transfer space shall be unobstructed.

Pool Transfer Walls
1009.4.1 Clear Deck Space. A clear deck space of 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum with a slope not steeper than 1:48 shall be provided at the base of the transfer wall. Where one grab bar is provided, the clear deck space shall be centered on the grab bar. Where two grab bars are provided, the clear deck space shall be centered on the clearance between the grab bars.

1009.4.3 Wall Depth and Length. The depth of the transfer wall shall be 12 inches (305 mm) minimum and 16 inches (405 mm) maximum. The length of the transfer wall shall be 60 inches (1525 mm) minimum and shall be centered on the clear deck space.

1009.5.2 Transfer Space. A transfer space of 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum with a slope not steeper than 1:48 shall be provided at the base of the transfer platform surface and shall be centered along a 24 inch (610 mm) minimum side of the transfer platform. The side of the transfer platform serving the transfer space shall be unobstructed.

Forward Approach but not centered

The following elements are required to have a forward approach, but do not require it to be centered.

605 Urinals

606 Lavatories and Sinks

902 Dining and Work Surfaces

Parallel Approach bu not centered

The following elements are allowed to have a parallel approach, but do not require it to be centered.

704 Telephones

804 Range or cooktop

Photo: The range can have a parallel approach, but the sink requires a forward approach.

904 Sales Counters

If parallel approach is provided, it requires 36″ in width and 36″ in height plus the same depth as the main counter

Photo 1: This photo is of a service counter/reception desk at a hotel that did not provide the 36″ wide x 36″ high counter

If forward approach is provided, it requires 30″ in width and 36″ in height, plus the same depth as the main counter and a knee and toe space per 306

Photo 2: This counter has provided a lower portion that meets the requirements for the parallel approach. (photo provided by Structures and Interiors)

602 Exception at Drinking Fountains for children

606 Exception at sinks in kitchens without a cooktop or range

Photo: This kitchen has a built in microwave but NO cooktop, therefore it can take the exception for parallel approach at the sink.

606 Exception at Wet bars

606 Exception at lavatories or sinks for children under 5

804 Freezers or Refrigerator in kitchens

Continuing Education Opportunities

November 2- International Facilities Managers Association Convention in San Antonio, Texas

November 7- provided by SSTL Codes 4 hr ADA seminar in Tulsa OK

If you want to learn more about the new Standards, The ADA Companion Guide explains the 2004 ADAAG Guidelines  with commentary and explanations throughout.  The 2004 Guidelines were adopted by the DOJ to create the 2010 Standards and by Texas to create the 2012 TAS.  This book explains the technical requirements for both.

In the 2010 ADA and the 2012 TAS requires that 5% but no less than 1 sink must be accessible. One of the requirements of accessibility at sinks is to have a knee space under the sink. But there is a new exception:

606.2 Clear Floor Space Exception 1: A parallel approach complying with 305 shall be permitted to a kitchen sink in a space where a cook top or conventional range is not provided, and to wet bars.

The Texas Department of Licensing and Regulation issued a bulletin that explains when this exception can be taken and when it cannot. This newsletter will explain it as well.

Break Rooms

Does my sink at my break room have to have a knee space?

It depends (don’t you love that answer?)…..

It depends on whether the break room is a kitchen or not. But it can’t be our definition of a “kitchen”, but the dictionaries definition. When dealing with terms that the ADA and TAS do not define, we are directed by the US Access Board to use the Webster’s definitions:

– Kitchen: A place (as a room) with cooking facilities.

– Kitchenette: A small kitchen or alcove containing cooking facilities.

– Wet Bar: A bar for mixing drinks that contains a sink with running water.

– Cooking Facilities: Fixed or built-in range, cook top, oven, microwave, or convection oven.

-Fixed Appliance: When attached to a cabinet, shelf or other surface or to a gas supply.

-Built -In Appliance: When cabinetry design or location of utilities (i.e.. gas supply or 220V electrical outlets) creates a dedicated shelf or space for the appliance.

So, if a break room has “cooking facilities” within, then it is a kitchen.
If it is a kitchen and has a cook top or a range, then a knee space at the sink will be required.

But if the break room has a built in microwave or oven, then it will still be considered a “kitchen” but now the sink can take the exception and have a parallel approach rather than a front approach.

This break room has a microwave on top of the counter. This is not considered a “fixed cooking facility”, therefore this space is not a ‘kitchen” and the sink will require a knee space.

If our space is not a true kitchen based on the definition, then if there is storage located within, it must comply only with Scoping 225 which says that at least one of the storage units must comply with 811 and be within reach range.  This is important, because if we truly have a kitchen, there would be many more requirements associated with them.  See the next entry for those.

212 and 804 Kitchens, Kitchenettes and Sinks

Based on the definition we discussed earlier, if the space is truly a kitchen, then certain requirements will be listed in the scoping of the ADA and TAS:

1. 5% of sinks but no fewer than one must comply with 606
2. And they must follow the technical standards of section 804

Section 804 states that kitchens must follow the following requirements:

1. Floor clearances must be provided depending on the configuration of the kitchen





2. A work surface in a “residential” kitchen will require an additional knee space not under a sink.  To understand about what is considered “residential”, you can read our July edition of our newsletter
3. Heights of work surfaces must be 34″ high max above the floor
4. Sinks shall comply with 606
5. 50% of the shelf space in storage shall comply with 811 (measured in linear feet)
   
   This is an important one! In order for this to be able to be compliant, the shelves must be within reach range.  Which means that if a kitchen has upper cabinets and base cabinets, the number of linear feet of shelving must be the same for the non-accessible ones than for the accessible ones.  This could be problematic since at the base cabinets there is typically appliance, knee spaces and no shelving.



6. Appliances in kitchens must be accessible and follow requirements listed in 804.6
   
   Commercial kitchens are exempted from having to comply with these requirements since they are part of a “work area”

Wet Bars and other Sinks

Another location where a knee space at a sink is not required is at wet bars. Wet bars are defined in our first entry, but it is a place where drinks are mixed. They are typically found either at hotels and other transient lodging places or sometimes even at waiting rooms. According to TDLR, a break room is not a wet bar.

This is a wet bar and does not require a knee space

The other sinks that must follow the scoping of 212 and the technical requirements of 606 are common use sinks such as science labs at a school.

But sinks that are not common use, but are part of a work area and are only used for work related activities are exempted as a “work area”. These are located in teacher workrooms, back of bar at a restaurant, or commercial kitchens.

Continuing Education Opportunities

August 9th- Metrocon12  in Dallas Texas “2012 TAS in interior projects”

September 5th- AIA Dallas Procrastinator’s day

September 12th- CSI’s Construct Show at Phoenix Arizona

November 2- International Facilities Managers Association Convention in San Antonio, Texas

If you want to learn more about the new Standards, The ADA Companion Guide explains the 2004 ADAAG Guidelines  with commentary and explanations throughout.  The 2004 Guidelines were adopted by the DOJ to create the 2010 Standards and by Texas to create the 2012 TAS.  This book explains the technical requirements for both.