The ADA and TAS have requirements for building entrances. The building code also has requirements for means of egress. Both ADA and the building code connect entrances and means of egress to either a public way or a public street. This newsletter will explain the difference between a public way and a public street and will give examples of how these can be applied to our accessible designs.
Definition of Public Way
The ADA defines a “Public way” as follows:
Public Way. Any street, alley or other parcel of land open to the outside air leading to a public street, which has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height of not less than 10 feet (3050 mm).
If you notice the definition, in addition to the public way being a street or alley, it also speaks about “other parcel of land open to the outside air leading to a public street” .
But what does that mean? My very smart client Josh Williams from D2 Architecture pointed out to me that “other parcel of land” could be a parking lot that is located within the property line as long as it is open to the outside air and connected to a public street. A parking garage would not meet that definition.
Public Way and Accessible Means of Egress
When designing an accessible means of egress, you are required to create a continuous and unobstructed path of travel to a safe area for a person with disabilities to reach in case of an emergency.
The definition of this path of travel is:
Accessible Means of Egress. A continuous and unobstructed way of egress travel from any point in a building or facility that provides an accessible route to an area of refuge, a horizontal exit, or a public way.
An accessible means of egress can terminate at a public way. As we saw on the previous section, the public way can be a parking lot.
This parking lot is an acceptable “public way” for the purposes of providing a route for an accessible means of egress from the shopping center to the right.
Public Way and Accessible Route
Although, as we read in the previous section, an accessible means of egress is only required up to the “public way”, an accessible route has to connect the buildings or facility to a site arrival. A site arrival would also include public sidewalks and public transportation stops even if they are outside the property line.
206.2.1 Site Arrival Points. At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.
Even though this bus stop is not within the property line of the shopping mall that we see behind it, it must have an accessible route from the bus stop to the mall entrance.
EXCEPTION:
1. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202.5, no more than one accessible route from a site arrival point to an accessible entrance shall be required.
2. An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access.
This photo shows a building but no pedestrian access. This would not require an accessible route all the way to the street.
They are available for sale now. (also available as an e-book)
If you have any questions about these or any other topics, please feel free to contact me anytime.
July 26th, 2015 was the 25th anniversary of the ADA. On July 23rd the AIA Dallas organized an awareness day exercise called “Wheelchair in A Day” where we asked 10 architects to sit in a wheelchair and record their experiences throughout the day. The day was a huge success and the stories they retold were so important. This newsletter will give you a few examples of the participants.
Thank you to Bob Bullis, AIA; Beth Brandt, AIA; Daivd Dillard, FAIA; Bob Borson, AIA; Peter Darby AIA, Laurel Stone, Amanda Adler, Jason Dugas, AIA for participating and for sharing your experience with the rest of us!
Traveling by Airplane on a wheelchair
AIA Dallas President Bob Bullis, AIA participated in the “Wheelchair for a Day” event. He had a meeting in Houston which he decided to keep. So he flew in his wheelchair and tweeted about his experience. We asked him what was his biggest challenge. He told us about his trials with TSA….and I will not get into the “search” pat down he received…Southwest Airlines was very accommodating, and allowed him to remain in the chair so he could experience what it was like. He got to go to the front of the line and board first.
He liked the feel of the Terrazzo flooring the best….easier to push on. But noticed that even the slightest slope was hard to navigate
Being in the office and going out to lunch
Two architects experienced their day in a wheelchair: Bob Borson, AIA and David Dillard, FAIA
Bob Borson, AIA experienced his day in the office doing his typical duties: making copies, taking drawings from his car to his desk, and even going out to lunch. All a very eye opening experiences….read his blog post for a more detailed account
I bet Bob was glad that the doors of his office had the proper widths and maneuvering clearances
When Bob wen out to lunch here is what he experienced
“Next challenge? Going out to lunch. Again, long arms to the rescue, but I am acutely aware of how freakishly long my arms are and as a result, I am acutely aware of how difficult going through a cafeteria line would be for people who don’t have the physical proportions of a simian. “
Taking the tray back to his table was a big challenge…glad he didn’t drop his food!
when he got to his table he noticed that there was no place for a wheelchair except at the end….he made everyone move and find a better table (It’s good to be the boss)
David Dillard, FAIA also stayed in his office and also experienced his daily routine in a wheelchair. Meetings are easier when you are the designer of the office and make accommodations…Good job David!
David also had doors he had to maneuver…although his experience was different since he had an electric wheelchair
The City of Dallas didn’t plan properly the locations of stop signs and fire hydrants. David found them right in the middle of his accessible route. I bet those were fun to maneuver.
At lunch they found a restaurant with a wheelchair lift that accommodated him so he could dine with his colleagues
Experiences like these makes architects and designers more sensitive to the people they are designing for.
Taking public transportation
The last example was of our friend Peter Darby, AIA who decided to spend his day in a wheelchair navigating the public transportation system in the City of Dallas
Peter rode in buses, light rail, taxis and even Uber
“Quite a few impediments today. Blocked, Crooked pavements or sidewalks to nowhere! “
He experienced getting onto light rail via ramps
And buses
Getting assistance from rail operators
It takes so much longer to get from point A to point B when you are in a wheelchair taking public transportation, but most people with disabilities, especially visually impaired people use public transportation to get around. It is so important that we have these accommodations to enable them to be independent and as sense of dignity and empowerment.
Upcoming Continuing Education Opportunities
August 7, 2015 Accessibility Professionals Association Regional training Plano, Texas
8:00 – 10:00 am- Difference between TAS and ADA Standards- 2 CE/LU/HSW
10:15 am -11:15 pm- Retail Stores and Spaces- TDLR 1 CE #13464, AIA #155 1 LU/HSW- Detail Review of Retail Spaces Barrier Removal;Common errors; Path of Travel Requirements; Retail Accessible Parking and Accessible Routes,
When spec writers, architects or even builders specify products there might be some confusion about what products are actually good for people with disabilities. Sometimes the cut sheets will have the universal symbol of design, but they may not exactly be accessible. Other times there might be so many choices that it can get confusing. This newsletter will attempt to give you some general guidelines on what to look for when specifying.
302 Floor and Ground Surfaces
Accessible ground and floor surfaces must be firm, stable and slip resistant. This is typically achieved by specifying a product with a high static coefficient of friction (specific number is not specified anymore, but good as a guideline).
There are several products that might be good for LEED that will not be good for accessibility. One example is decomposed granite. In essesce, DG is a type of gravel that is loose. It is not considered stable unless you use stabilizers. The DG must be maintained in order to keep it stable. If the ground gets wet the decomposed granite will be muddy and no longer stable. I don’t recommend this surface. If possible, don’t use it on accessible routes or parking, and try to limit it to non-walking surfaces
The photo above shows wheel marks where the decomposed granite is not stable and therefore not easy for people who use wheelchairs to use
Parking spaces must also have a stable ground surface, and decomposed granite for parking spaces are not recommended
BEWARE OF CUT SHEETS!
Cut sheets for different products will sometimes show the universal symbol of accessibility on them.
The symbol is not regulated and anyone can place it on any product without actually being endorsed or reviewed by the DOJ or ADA agencies. So be careful when specifying products solely on the symbol being placed on the cut sheet. Here are some examples:
This feminine napkin dispenser has the symbol shown on the cut sheet and states that if mounted at a height no higher than 48″ a.f.f. to the operating mechanism that it would comply with the ADA standards. What they did not tell you is that the operating mechanism itself was not compliant. In order for it to be compliant, it will require no tight grasping and pulling to operate. This unit requires tight grasping and pulling.
This is the unit installed which a person with disabilities may not be able to use
This paper towel dispenser in the cut sheet shown below also shows the universal symbol of accessibility, stating a similar claim that if mounted at a certain height, it will meet the ADA requirements. This unit also did not take into consideration the operating mechanism. Not only does the paper towels need to be tightly grasped and pulled to use, but if the paper is not out, the user will have to twist the red wheel by using their wrist to make the paper come out.
Pre-fab showers sometimes have incorrect information on their spec/cut sheets. The height of the curb for either roll in or transfer shower must not be higher than 1/2″. The shower shown below states that it is ADA compliant, but if you notice the dimension on the threshold it states that it is either 5/8″ or 2″,which are not compliant
309 Operating Mechanism
ADA section 309 states that “operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate operable parts shall be 5 pounds (22.2 N) maximum.”
5% of lockers must have the proper operating mechanism. Built in locks that require tight grasping and twisting of the wrist is not compliant.
The lockers shown above have the built in lock that requires twisting of the wrist to operate and it is not compliant with ADA guidelines
This locker shows a push button locking mechanism which is better for accessibility
One operable window per room or space must be accessible and follow section 309. They must be able to be opened without twisting of the wrist or more than five pounds of opening force. The handle on the picture above can be opened with a closed fist.
Pocket doors are hard to open without using your hands. This operating mechanism is a good solution which opens up with using knuckles to release the handle
Upcoming CEU opportunities
Note: We will be at the TSA convention November 5,6 and 7
If you are interested in Building Code seminars check out my colleague Shahla Layendecker with SSTL Codes
We are celebrating our 10th year of service to the building industry as a Registered Accessibility Specialist! Mention this newsletter and receive 10% off your next review or inspection.
If you want to learn more about these standards, be sure to check out my books:
The 2010 ADA Standards requires that entrances be made accessible. Not every entrance has to be, but there are requirements for the different types of entrances provided. The following entrances are required to comply:
Public Entrances
Parking Structure entrances
Entrances from Tunnels or Elevated Walkways
Entrances at Transportation Facilities
Tenant Spaces
Residential Dwelling Units (Not Fair Housing or ANSI)
Restricted Entrances
Service Entrances
Entrances for inmates or detainees
The newsletter will explain how the accessibility requirements.
Public Entrances
ADA Section 206.4.1 requires that 60 percent of all public entrances shall comply with the door requirements listed in section 404. A public entrance is defined as:
“An entrance that is not a service entrance or a restricted entrance”
This means that if the entrance is available for the general public to use, then it will be a public entrance.
This is a tenant space with a tenant entrance
Parking Structure Entrance
Each direct access to the building from the parking structure
Entrances from Tunnels or Elevated Walkways
At least one direct entrance to the building must be accessible.
Transportation facilities
At least one public entrance serving each fixed route or group of fixed routes
Section 404 explains the requirements for the doors located at the entrances. There should be proper widths, proper hardware and maneuvering clearances. If the doors are not on grade and a ramp is required to access them, a landing at the top and bottom of the ramp should be provided and should coincide with the maneuvering clearances a the doors. The image below shows an entrance, but not accessible (even though it shows the universal symbol of access) 😉
Restricted and Service Entrances
A restricted entrance is defined as:
“Restricted entrance is an entrance that is made available for common use on a controlled basis but not public use and that is not a service entrance.”
At least one of restricted entrance to the building or facility shall comply with Section 404.
At least one primary entrance a residential dwelling unit that has to comply with ADA shall comply. Residential dwelling units that is required to comply with ADA are group homes, homeless shelters, faculty and director’s residences in places of education and sleeping quarters for emergency personnel.
Where entrances used only by inmates or detainees and security personnel are provided at judicial facilities, detention facilities, or correctional facility, at least one such entrance shall comply.
A service entrance is defined as:
“Service Entrance is an entrance intended primarily for delivery of goods or services.”
If a service entrance is the only entrance to a building or to a tenancy in a facility, that entrance shall comply with Section 404. Otherwise it is not required to.
Public Comments wanted by TDLR
The Texas Department of Licensing and Regulation (Department) is reviewing the Elimination of Architectural Barriers rules (Title 16, Texas Administrative Code, Chapter 68) for re-adoption, revision, or repeal.
The Department will determine whether the reasons for adopting or readopting these rules continue to exist by answering the following questions for each rule:
* Is it obsolete?
* Does it reflect current legal and policy considerations?
* Is it in alignment with the current procedures of the Department?
The Department encourages anyone interested in the Elimination of Architectural Barriers program to review the Notice of Intent and current Chapter 68 rules online at
We are celebrating our 10th year of service to the building industry as a Registered Accessibility Specialist! Mention this newsletter and receive 10% off your next review or inspection.
If you want to learn more about these standards, be sure to check out my books:
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.
Single Family Housing
Multi-Family Housing
Federally funded multi-family housing
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
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
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.
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:
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;
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.
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:
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.
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.
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:
Square Feet. The reference to “square feet” shall mean gross square feet.
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.
There are just 5 days before we all get out and vote for President of the United States. Voting is a right that is protected for everyone who is eligible, including the disabled community. Polling places must be accessible. Even though they are temporary places, they are still a voting place and will require some form of access. The voter who is disabled must be able to have the same privacy as everyone else. The voter who is disabled must have access to the same ballot and the same method of voting as everyone else. So how does a polling place provide this access? The ADA website has a pamphlet that they put out in 2004 that explains how to provide access even when the polling place is only temporary. The Election Assistance Commission has a video that is also helpful for polling places to provide access. Below is a summary
Polling Places Accessibility requirements
A. Accessible parking or passenger drop off should be available
Passenger Drop Off
Access aisle depth is at least 5′-0″
Access aisle lenght is at least 20 feet
Curb ramp connects access aisle to the accessible route to the accessible entrance of the polling places.
Parking
Marked access aisle
no more than 2% slope for both parking and access aisle
Parking sign
Accessible route from parking up to the entrance of the polling place
B. An Accessible route to the entrance
Route must be unobstructed
C. An accessible entrance to the voting site (It can be a temporary ramp)
Ramp
At least 36″ between handrails
Top landing part of the walk
Bottom landing part of walk
Handrails height 34″ to 38″
Edge Protection
D. A route free from hazards
Wall mounted drinking fountains are a hazard when the front projects more than 4″ beyond the wall and the bottom is more than 47″ above the floor
Wall mounted objects cannot project more than 4 inches beyond the wall if the bottom is not in the cane-detectable area below 27 inches off the floor
Overhead objects must be at least 80 inches off the floor
E. A route to the voting booth and to all the common spaces within the facility
Accessible route connects building entrance with the voting area, including voter check in and accessible voting machine
Accessible route connects the accessible entrance with voting areas
Accessible door and doorway to voting area,
Note: A turning space should also be provided. If there are deaf voters who need assistance, the blinds should be closed behind the check-in so voters who read lips can communicate with the voting staff.
F. Temporary Solutions for Election Day
If a polling area is not accessible, find an accessible space near the voting area. Counter or table where the voting is taking place should be between 28 in to 34 inches in height and a forward approach knee space should be provided
Everyone should go to their polling places and make sure there are facilities that are accessible for voters in wheelchairs, voters who are visually impaired as well as hearing impaired. Let’s try and make this election an accessible one.
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.
If you have any questions about these or any other topics, please feel free to contact me anytime.
After I sent last month’s newsletter I felt like we all need a break from learning theory and maybe see how it all applies! This newsletter shares with you some interesting violations that I found during inspections this past year.
Inspector’s Corner: Grab bars
The 2010 ADA and 2012 TAS has new requirements for grab bars as they relate to objects mounted above or beneath the grab bar. If a toilet paper dispenser is mounted below the grab bar, there needs to be a 1 1/2″ space between the bottom of the grab bar and the top of the toilet paper dispenser. This is so that a person can hold the grab bar and wrap their hand all the way around the grab bar. In this inspection I noticed that the toilet paper was too close to the grab bar
Inspector’s Corner: level changes
An accessible route is required to be stable, firm and slip resistant. It doesn’t necessarily need to be smooth. You are allowed to have uneven surfaces along the route, but you still have to make sure that the changes in level along the route is no higher than 1/4″, and the gaps between the ground surface should not be wider than 1/2″.
Flagstone is allowed to be used, but I inspected a path with flagstone that was not laid properly and some of the stones were higher than 1/4″ than the adjacent surfaces and the grout joints were wider than 1/2″
Inspector’s Corner: Signage
The 2010 ADA and 2012 TAS both have a new requirement for signage. There needs to be an 18″x18″ clear floor space in front of the signage. This allows a person to stand in front of the sign to read it. At one of my inspections I saw a drinking fountain at the clear floor space. Because this is a new rule, this sign was a safe harbor. In other words, the owner will not have to move the drinking fountain out of the way. But in the future, they will need to design the sign without obstructions.
Inspector’s Corner: Just for fun!
We don’t always have to take ourselves so seriously…..
Here are some funny photos my clients send to me just for fun! Enjoy
Urinals must have a clear floor space in front
AND IT PROBABLY SHOULDN’T BE SHARED!
Do you think this will work?
Interesting solution!
The toilet paper should be located somewhat within reach range. What do you think?
They get an “A” for effort!
I think this is the parking at “LegoLand” 😉
My friend Jeromy Murphy RAS #489 created this video about slopes. It is really well done and I think you will enjoy it.
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.
The Americans with Disabilities Act became the civil rights law for disabled Americans in 1990. Ever since then, the disabled community has been able to get jobs, enjoy independence and become productive members of our society. The ADA is organized in five “titles”. In this post we will focus on the Title III which requires that places of public accommodation and commercial facilities be made accessible to persons with disabilities. We will also touch on Title I which states that a business cannot discriminate against a person with disabilities when they are hiring or firing. They can’t decide not to hire someone or fire someone based on their disability. In essence the ADA makes sure that persons with disabilities get treated equally. So how does a building owner and landlord comply?
Part of the ADA required that places of public accommodation and commercial facilities be made accessible to persons with disabilities. By this mandate, building owners had to make their buildings, new or existing accessible. This requirement was sometimes more difficult than was first thought. For newly constructed buildings, they had to make sure that their architect and contractor understood the requirements otherwise their building would not be in compliance and there could be a risk of complaints or worse, a law suit. Ultimately it is the building Owner’s responsibility to make sure things comply, therefore hiring architects, interior designer and contractors that understand the rules, is a huge help.
There are different rules for new construction and remodels. The rules for new construction are a bit simpler. Whatever you build must be in compliance. It only gets complicated if the new constructed areas are spaces that are not required to comply. Some examples of areas that do not require accessibility are mechanical rooms, telephone equipment rooms and electrical rooms. These are exempted based on the fact that they are considered “machinery” spaces. Those are spaces that only have equipment inside and only periodically gets monitored by an employee.
Another area of confusion during design and building are employee areas. Employee areas are not necessarily excempted from having to comply. I hear a lot of building owners say “nobody will ever go back there” when they speak of employee areas. They are correct in making the statement because customers may not necessarily be allowed to go to an exclusively employee or staff area. But what it is not clear is that their employees and staff will be going “back there” and using the facility. This is where Title III of the ADA gets intermingled with Title I. Title III recognizes that not every employee will need the facility to be accessible at the time construction is complete and that the business may not have a disabled person working there. Therefore they are not required to provide accessible “work areas” or areas where the work is happening at the time the project is finished. As soon as a disabled person wants to work there, or if (G-d forbid) an employee becomes disabled while working there, accommodations will have to be provided. Thus the work areas are exempted from the Title III of the ADA except for the ability to approach the area, enter the area and exit the area. For example, if there is a stock room or a copy room in an office space, those are considered work areas and only require approach, enter and exit. The elements within the space, such as counters and shelving or even sinks, will not be required to comply.
But it is not ALL employee areas. This exemption is only allowed to be taken for work areas. Therefore employee restrooms or employee break rooms are not exempted and must be accessible. The reason is that these spaces are not part of the job description, but rather where they take breaks from work. Private offices that have restrooms inside them, are also exempted for certain elements. The restroom should have the proper clearances, but grab bars, knee space at sinks and knee spaces at sinks will not be required at the onset.
The next type of construction is an alteration. This type of construction is a bit more complicated to decide what is required and what is not. The first thing one has to determine is what area of the building is being remodeled or altered. Does the area contain a primary function of the space? If it does not, such as a restroom or a storage room for example, then only the new elements must comply. So if a new paper towel dispenser in a restroom is getting added, or even if an entire restroom is getting remodeled, only the restroom must comply and nothing else outside the restroom, including the entrance to the restroom. But if the answer is that yes, the area being altered contains a primary function, then the new elements and spaces must comply but in addition to the new elements, existing path of travel from the main entrance of the building must also comply. If the existing path of travel contains restrooms, drinking fountains and public telephones, those also must comply with the ADA Standards. In Texas, the Texas Accessibility Standards added parking to the list. Therefore the parking that serves the altered area must also be in compliance.
There is a new exception to this rule of the path of travel. If the building owner is leasing the space to a tenant and the tenant is the one who is paying for the finish out, then the path of travel elements within the building that leads to the tenant space does not have to be brought up to compliance if they don’t already comply. If the landlord pays for any of the tenant finish out via an allowance or any other financial means, then the same rules apply for the alteration of a primary function and the path of travel elements will have to be brought up to compliance. Also, if the facility and the elements along the path of travel comply, but they comply with the old Standards (1991 ADAAG or 1994 TAS), then those are considered a “safe harbor” and also do not have to be brought up to compliance.
If during the alteration, it is discovered that the upgrade to the elements found along the path of travel would cost more than 20% of the total construction cost, the Department of Justice considers it “disproportionate”. Due to disproportionality, the DOJ allows a postponement to the upgrades. If the upgrades will be postponed, the DOJ requires that certain things be done in a certain priority level. Costs that may be counted as expenditures required to provide an accessible path of travel may include:
1) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;
2) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;
3) Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY); and
4) Costs associated with relocating an inaccessible drinking fountain.
The DOJ has established a priority list of items that are required to comply and what priority to give them. A building owner may not decide to fix the door hardware of interior doors before they fix the main entrance. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:
(1) An accessible entrance;
(2) An accessible route to the altered area;
(3) At least one accessible restroom for each sex or a single unisex restroom;
(4) Accessible telephones;
(5) Accessible drinking fountains; and
(6) When possible, additional accessible elements such as parking, storage, and alarms.
Sometimes the best efforts finds that access cannot be accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame or because other existing physical or site constraints prohibit modification. In those cases, speaking to local authorities and the DOJ to get a variance or waiver might be the proper action to take. But even if it is not possible to provide access for wheelchair users, the building owner is still required to make sure other disabilities are accommodated. Accommodations in buildings should be provided for the visually impaired, hearing impaired and people with other mobility issues such as walkers, crutches and braces.
With all the complicated rules and regulations that we might encounter during the design process, it is important to keep in mind the big picture. What was the reason for all this extra effort? Before the ADA was enacted, a person with disabilities was relegated to stay home or in an institution. They depended on others for transportation and for every day tasks. The ADA was enacted to encourage and promote the rehabilitation of persons with disabilities, to eliminate unnecessary architectural barriers for persons with disabilities, to not restrict the ability to engage in gainful occupation and to not restrict the ability to achieve maximum personal independence. As building owners we must keep in mind our customers and how at the end of the day we are opening our doors to a large portion of the population that wasn’t thought of before. And the struggle will continue as Americans age and as more of us become disabled. But these guidelines are universal. When we remove barriers for one group, we are essentially removing barriers for everyone. And the more architectural barriers we remove, the more cultural and social barriers we remove as well.
This post was published in the CREST Publications’s Network Magazine September 2012 edition
I live in Texas and have been following the Republican primary in other states. Now that the primaries are coming to our State I was informed by a very good interior designer and friend of mine (who shall remain nameless to protect her identity) that there are several polling centers that are not accessible. Even though the polling centers are only temporary, they are providing a “government program” which has to be made accessible. When someone votes, the service that the government is providing must be equal and available to everyone, including persons with disabilities.
This is what she wrote me:
“I have voted early for years to avoid the crowds. Yesterday and going back 6 years, I voted at polling sites where I have observed questionable Accessibility setups. All the pollworkers are volunteers (I think) who set up whatever space is given to them with instructions that are unknown to me. For two elections, I had absentee ballots so I do not know the conditions of the setup of voting tables, computer heights, etc. for those elections.
Six years ago, the voting was done at an elementary school on the auditorium stage accessed by about 6 or 8 steps. All the voting “booths” were stand up height and paper ballots were inserted into a counting machine. I am guessing that paper ballots were provided at the main floor level for wheelchair voters. Checking in for everyone was done at the main level where judges could assist voters.
Four years ago, at my local elementary school polling place, there were only the tall voting carrels separated from each other so there was some privacy provided by the distance between them. At that time, I asked why there was no H/C identifiable lower table for a wheelchair person to use. The poll worker was in a wheelchair and she pulled up to the high work surface and demonstrated how she could lift her arms to mark the ballot. Think bar height work surface being used from a seated chair height position.
Yesterday, at the polling place, all but two computer stations were located on 28″ high tables. The other two voting stations were the higher ones with no computers on them. I told the poll worker that I was concerned about the height of the machines for users, the H/C identified voting computer at the end of the table with the table leg in the way and did not go into the proximity of the stand up voting carrel to the tables with computers. The poll worker got his walker and we moved across the room to the area that I wanted to talk about. He had never heard of the ADA or TAS. The Dallas County Election Board is where they get their directives. Having been at the Dallas County Election Board as an observer of an election recount for a State Rep., I can assure you that the employees I met there likely have not heard of these regulations either. The poll worker explained to me that the computer with the H/C sign was for blind voters.
At that point, I just had to write to you to ask you to look at this photo and tell me what you see that I might have missed. I asked the poll worker to at least put the H/C sign on the computer in the center space. I felt it was futile to try to explain any more about having room under the table for the wheelchair and foot room.
This is Early Voting and Election Day is May 29th. I do not know if anything can be done prior to election day, but is there not a way to get RAS, architects and RID’s to look at their polling places to see if accomodations are being made?
Last time I mentioned this to my local precinct, the comments fell on deaf ears. When there is nothing in the poll worker’s experience that causes them to recognize any accessibility measure, then they just brush off my comments as complaints…and nothing gets done. “
My friend is right. Even though these are temporary places, they are still a voting place and will require some form of access. The voter who is disabled must be able to have the same privacy as everyone else. The voter who is disabled must have access to the same ballot and the same method of voting as everyone else. So how does a polling place provide this access? The ADA website has a pamphlet that they put out in 2004 that explains how to provide access even when the polling place is only temporary. The Election Assistance Commission has a video that is also helpful for polling places to provide access.
In a nutshell the following items need to be provided to the best of their ability, unless it is not feasible and then other accommodations should be provided to ensure that all voters, disabled or not, can cast their ballot:
1. Accessible parking or passenger drop off should be available
2. An Accessible route to the entrance
3. An accessible entrance to the voting site
4. A route free from hazards
5- Counter or table where the voting is taking place should be between 28″-34″ in height and a forward approach knee space should be provided
Everyone should go to their polling places and make sure there are facilities that are accessible for voters in wheelchairs, voters who are visually impaired as well as hearing impaired. Let’s try and make this election an accessible one.
Abadi 
