ADA Standards

The ADA applies to facilities in the private sector (places of public accommodation and commercial facilities) and to state and local government facilities. Standards issued by the Department of Justice (DOJ) apply to all ADA facilities except transportation facilities, which are subject to standards maintained by the Department of Transportation (DOT). DOJ is in the process of adopting new ADA standards, and further information on this update is available on DOJ’s website . DOT has adopted new ADA standards which apply to bus stops, rail stations, and other transportation facilities.

For commercial facilities and places of public accommodations in the private sector use The 2010 Standards for Accessible Design with ADA scoping

For State and Local Government Facilities (except transportation facilities) use the 2010 Standards for Accessible Design with Title II requirements, unless the municipality requires ANSI and therefore you will need to use both.   Although the new Standards are almost identical to ANSI.

The ADA Standards for Transportation Facilities deal with Transportation Facilities

ABA Accessibility Standards

The ABA applies to federally funded facilities. The General Services Administration (GSA) updated its ABA standards, which apply to most facilities covered by the ABA. Similar standards have been adopted by the U.S. Postal Service (USPS) for postal facilities and by the Department of Defense for military facilities. The Department of Housing (HUD) is in the processing of updating its ABA standards, which apply to federally funded residential facilities.

For Federal Facilities (other than postal, housing, and military facilities)  use the GSA’s AB Standards

For Postal Services facilities use the USPS ABA Accessibility Standards (also known as the RE-4 Standards)

For Military facilities use the Department of Defense ABA Accessibility Standards

Federally funding Housing use  UFAS (but in the new standards this will be replaced by HUD’s standards)

State and Local  Accessibility Standards

Even though the 2010 Standards is a Federal law, each State and local municipality is allowed to adopt this or any other accessibility standard also.  The Access Board has a list of all the States and what Accessibility Standards they adopted

Note: A few friends on LinkedIn have sent me these corrections:

The Connecticut information listed is obsolete. The correct information is as follows:
Access Code- 2003 International Building Code Portion of the 2005 State Building Code of Connecticut- as amended on 2009 )

Washington State’s code listing on the Access Board site is obsolete as well. WA has adopted the 2006 IBC/2003 ANSI and will shift to 2009 IBC/2003 ANSI in late July.

Multi-Family housing

The Housing and Urban Development office of the Federal Government has developed the Fair Housing Act Section 504 that deals with the discrimination of people with disabilities as it pertains to their renting or owning an apartment or dwelling unit.  There is a great handbook that they created that shows you graphically how to apply the Fair Housing Act Section 504

Public Rights of Way

Sidewalks, street crossings, and other elements of the public rights-of-ways present unique challenges to accessibility for which specific guidance is considered essential. The Board is developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. Here is the draft of those standards Public Rights-of-way

There are others that are covered by the guidelines like parks, outdoor recreation facilities, prisons and more.  Check out the Access Board’s website and the ADA’s website for more information

This open stair is a hazard since there is no way to detect the lower portion. 

This graphic shows exterior elements that could become
hazards if they are not cane detectable.

This is an example of how a curb ramp can accumulate dirt and ice so that it can become a hazard more than a help

“ADA: The Next Generation”

The National ADA Coordinators are putting on webinars on the new ADA, and we can view them as a group.  Abadi Accessibility and ARS purchased the webinars and want to share them with you.
Each webinar is $10 and below is the agenda.  If you have any questions, call me at 214-403-8714

Webinar Agendas

Session 1 – ADA Standards – Admin provisions; Accessible Routes; & Building Blocks

Wednesday, 11/3/2010, 12:00 pm – 1:30 pm

At Sitelark 5000 Quorum Ste 100, Dallas, Tx

Overview of the new ADA Standards;

What has been clarified, added, dropped, or changed from the 1991 Standards?

Equivalent facilitation, tolerances, and the expanded definitions section.

How will changes affect different facility types?

• Significant scoping and technical requirement changes:

Accessible routes

Accessible means of egress

Stairways

Elevators, platform lifts, LULAs, and private residence elevators

Doors, doorways, and gates

Floor and ground surfaces

Changes in level

Ramps and curb ramps

Turning spaces

Clear floor and ground spaces

Knee and toe spaces

Protruding objects

Reach ranges

Operable parts

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Session 2 – ADA Standards – Common Space & Element Types; and Communications

Wednesday, 11/10/2010, 12:00 pm – 1:30 pm

At the Miele Showroom 1700 Oak Lawn Avenue Suite 200 Dallas, Texas 75207

What has been clarified, added, dropped, or changed from the 1991 Standards?

How will changes affect different facility types?

Significant scoping and technical requirement changes:

Common space types including

Parking spaces and passenger loading zones

Dressing, fitting, and locker rooms

Common element types including

Dining surfaces and work surfaces

Storage elements

Benches

Handrails

Windows (this is completely new)

Automatic teller machines and fare machines

Check-out aisles, sales and service counters

Depositories, vending machines, change machines, mail boxes, and fuel dispensers

Communications systems and devices including

Telephones

Signs

Fire alarm systems

Assistive listening systems

Two-way communication systems (this is also new)

Detectable warnings

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Session 3 – ADA Standards – Toilets, Bathing, Kitchens and Plumbing Elements

Wednesday, 11/17/2010, 12:00 pm – 1:30 pm

At the Miele Showroom 1700 Oak Lawn Avenue Suite 200 Dallas, Texas 75207

In many facility types, these requirements are some of the most critical to the users. Significant changes have made certain sections stricter and others less restrictive than the 1991 Standards.

The 1991 Standard allowed six by six and five by seven foot single user toilet rooms. What are the smallest configurations a single user toilet room can have under the new Standards?

How do these requirements compare to the IBC and ICC/ANSI A117.1 Accessibility Standards?

How will these changes affect different facility types?

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Session 4 – ADA Standards – Specialized Rooms, Spaces and Elements including Recreation and Residential

Wednesday, 12/1/2010, 12:00 pm – 3:00 pm
(This session may be extended beyond 1 ½ hours)

Location:

HALFF Associates Inc. Office (214.346.6200) – 1201 North Bowser Road / Richardson, Texas 75081 – Coordinated by Ms. Joni Caldwell – 214.346.6310

Many new sections covering whole new facility types have been added in the 2010 ADA Standards. Two common facility types no longer have their own sections. Some VERY significant changes and clarifications have been made in those sections that were already included in the 1991 Standards. What has changed and how must those changes be incorporated into new, altered, and existing facilities?

If residential facilities are not (typically) covered by the ADA, why are there new standards for them? How do the covered residential facility types correlate with the ADA transient lodging and Fair Housing requirements?

Significant scoping and technical requirement changes:

Transportation facilities

Assembly areas

Medical care and long-term care facilities

Transient lodging guest rooms

Transportation facilities

Completely new sections:

o Judicial facilities and courtrooms

o Detention and correctional facilities

o Holding and housing cells

o Residential dwelling units and facilities

o Recreational facilities including amusement rides, exercise machines and equipment; boating, fishing, golf and miniature golf facilities, play areas, swimming pools and spas.

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Session 5: Overview of Title II and Title III Regulations, Part I

December 8, 2010 12:00-1:30 (Recorded)

At the Miele Showroom 1700 Oak Lawn Avenue Suite 200 Dallas, Texas 75207

Overview of the new rules;

Service animals: Emotional support animals aren’t service animals, but what about animals that assist people with psychiatric disabilities?

Segways and service animals: What questions can you ask about either one, and when can you say “no”?

Effective communication: can you use video interpreting services, how, and when? How do the new provisions on automated phone systems and relay calls affect you?

DOJ’s separate notices on electronic/web communication, theater captioning/video description, and next generation 9-1-1;

Testing and licensing, with a focus on documentation; and transitioning/ time frames.

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Session 6: Overview of Title II and Title III Regulations, Part II

Wednesday Dec. 15, 2010 12:00-1:30 (Recorded)

At the Miele Showroom 1700 Oak Lawn Avenue Suite 200 Dallas, Texas 75207

Overview of the new rules;

New construction and alterations: how these now overlap with barrier removal and program access;

Making sense of the DOJ-drafted provisions in tandem with the Access Board’s Guidelines;

New definition of “place of lodging” and implications under both titles (for higher education, shelters, and others);

Hotel reservations, assembly event ticketing and seating;

The new element-by-element safe harbor;

DOJ’s notice of its intent to regulate furniture and equipment;

Certification of state codes: if you comply with a code certified before 2010, does it “count”? Should you urge your state to go for certification, under relaxed new procedures? and,

Compliance and enforcement: DOJ can now retain Title II complaints for investigation, rather than sending them to “designated agencies.” What are the implications?

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Session 7: Planning for the transition and beyond, and using the safe harbors

Wednesday, 12/22/2010, 12:00 pm – 1:30 pm (Recorded)

At the Miele Showroom 1700 Oak Lawn Avenue Suite 200 Dallas, Texas 75207

What should you do first to get to policy compliance within the six month deadline?

Is it time for a do-over? Do you need to do a new or revised self-evaluation, transition plan, or barrier removal plan? If you don’t think you have to, should you anyway?

How safe are the “safe harbors” under Title II and Title III? Are you “grandfathered” out?

Is there any advantage to doing barrier removal in the next 6 or 18 months, under the 1991 Standards, versus using the 2010 Standards?

Is this a sleeper provision? They call it “maintenance,” but it addresses reducing access below 1991 Standards. How and when are reductions allowed?

What can you learn from the preamble (analysis) and the appendices, with their helpful explanations and drawings? How do they relate to the requirements themselves?

How do you ensure compliance with all applicable laws, including state and local codes and ordinances?

Do the new provisions apply under section 504 too? Or should state and local governments and others who receive federal funds, and federal agencies, continue to follow the 504 rules?

Most of the technical guidelines are very similar to the original ADAAG, but there is a few minor changes and additions to the entire document.  Below are a few of the changes that stood out. 1) In the new technical chapters the main changes is the re-formatting to meet the numbering system of the ANSI.  They have grouped sections together that make more sense, like all plumbing fixtures under chapter 6. 2) New ranges where originally being absolute dimensions and lowering the existing ranges are two new changes.  For example they lowered the maximum height for side reaches from 54 to 48 inches (308.3.1) 3) Chapter 4 eliminates the texture and contrasting color for the curb ramps.  This issue is being addressed by the Department of Justice and will have new ruling from that agency.  They also are requiring a 36″ landing on top and bottom of the ramp. 4) The parking spaces and access aisle for vans has been changed so that instead of the van accessible aisle to be 96″ wide, now it is 5′-0″ but the van space is 132″ wide. 5) They added a range to the distance for water closets from the wall to their center line and made it 16″-18″. 6)The clear floor space at water closets is now only allowed to be 5′-0″ wide x 56″ min. It can no longer share space with a lavatory. 7) Childrens heights for water closets were added

8) Urinals now have to be 13 1/2″ in depth to its rim from the mounting surface.

For more information on the changes, The ADA Companion Guide is a comprehensive

explanation of the new ADAAG.

I love impressionistic paintings. They are a marvel of color, textures and optical illusion! It is like painting the trees and getting the forest….How did the Masters do it? I recently found out that Monet, one of the great impressionistic painters, had cataracts and that is what made him paint the way he did. He had to get close to the canvas in order to paint. He hated his style once his cataracts got worse. He didn’t value its beauty….Thank goodness that others did. We are now lucky to have had him in the world with cataracts and we can enjoy his beautiful work.

There is also a software that assists in reading called J.A.W.S.  this makes the text bigger as needed.  We also saw the others at work at sewing machines, assembly lines and their individual stations where they put together all sorts of products that are sold to companies. These people are so good at what they do, that all I could do is just open my mouth and be in awe!!!

The building was also designed for the low vision people that worked there. The door frames were a contrasting color to the doors and walls so that they could “see” that there was a doorway there rather than just a wall of the same color. Their bathrooms had circular mirrors so that they would not think it was a window they were looking through. And many other items such as braille at signs, truncated domes on ramps so they can detect the change in environment, and they even use their sense of smell to move around their space.

That experience really made me think of the disability and how truly remarkable our bodies (and these wonderful people) are that they can adjust to their limitations.

ADA Standards

The ADA applies to facilities in the private sector (places of public accommodation and commercial facilities) and to state and local government facilities. Standards issued by the Department of Justice (DOJ) apply to all ADA facilities except transportation facilities, which are subject to standards maintained by the Department of Transportation (DOT). DOJ is in the process of adopting new ADA standards, and further information on this update is available on DOJ’s website . DOT has adopted new ADA standards which apply to bus stops, rail stations, and other transportation facilities.

For commercial facilities and places of public accommodations in the private sector use The ADAAG 1991 version

For State and Local Government Facilities (except transportation facilities) use the ADAAG 1991 version or The Uniform Federal Accessibility Standards (UFAS)

The ADA Standards for Transportation Facilities deal with Transportation Facilities

ABA Accessibility Standards

The ABA applies to federally funded facilities. The General Services Administration (GSA) updated its ABA standards, which apply to most facilities covered by the ABA. Similar standards have been adopted by the U.S. Postal Service (USPS) for postal facilities and by the Department of Defense for military facilities. The Department of Housing (HUD) is in the processing of updating its ABA standards, which apply to federally funded residential facilities.

For Federal Facilities (other than postal, housing, and military facilities)  use the GSA’s AB Standards

For Postal Services facilities use the USPS ABA Accessibility Standards (also known as the RE-4 Standards)

For Military facilities use the Department of Defense ABA Accessibility Standards

Federally funding Housing use  UFAS (but in the new standards this will be replaced by HUD’s standards)

State and Local  Accessibility Standards

Even though the ADAAG is a Federal law, each State and local municipality is allowed to adopt this or any other accessibility standard also.  The Access Board has a list of all the States and what Accessibility Standards they adopted

Note: A few friends on LinkedIn have sent me these corrections:

The Connecticut information listed is obsolete. The correct information is as follows:
Access Code- 2003 International Building Code Portion of the 2005 State Building Code of Connecticut- as amended on 2009 )

Washington State’s code listing on the Access Board site is obsolete as well. WA has adopted the 2006 IBC/2003 ANSI and will shift to 2009 IBC/2003 ANSI in late July.

Multi-Family housing

The Housing and Urban Development office of the Federal Government has developed the Fair Housing Act Section 504 that deals with the discrimination of people with disabilities as it pertains to their renting or owning an apartment or dwelling unit.  There is a great handbook that they created that shows you graphically how to apply the Fair Housing Act Section 504

Public Rights of Way

Sidewalks, street crossings, and other elements of the public rights-of-ways present unique challenges to accessibility for which specific guidance is considered essential. The Board is developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. Here is the draft of those standards Public Rights-of-way

There are others that are covered by the guidelines like parks, outdoor recreation facilities, prisons and more.  Check out the Access Board’s website and the ADA’s website for more information

When most people think of the Americans with Disabilities Act they automatically think of wheelchair users.  The guidelines written in the ADA Accessibility Guidelines (ADAAG) have several sections and chapters that illustrate the rules on how to make facilities and buildings more accessible for people with mobility impairments.  From the accessible parking spaces, to ramps, to elevators, to low curbs, and many other guidelines.  But there are several other disabilities that are addressed in the ADA.

According to the March/April 2005 National Fire Protection Association Journal, “Roughly 20% of the U.S. population is disabled, including those who have mobility impairments, who are deaf or hard of hearing, who are blind or partially sighted, people of size, the elderly, those who have cognitive or emotional impairments and those who are vertically challenged.” As a result, it is of the highest importance that measures be taken to ensure their safety in the event of an emergency. This includes providing adequate refuge space and means of communication, where required, alternative means and routes of evacuation other than elevators and clearly illustrating available accessible evacuation routes on emergency evacuation plans. In addition to this, it is critical that building staff be trained in general evacuation procedures. The American Disabilities Act (ADA), signed in 1990, requires that that all newly constructed buildings be accessible to people with disabilities.

Chapter 3 defines Egress as:

3.5.26 Means of Egress. A continuous and unobstructed way of exit travel from any point in a building or facility to a public way.

This photo shows an accessible route striped with a curb ramp leading to the public sidewalk.

This part of the definition is always a point of contention. How far does one consider the “public way”? The Texas Department of Licensing and Regulation, requires that the means of egress be taken to a public sidewalk. In the absence of a public sidewalk, they defer to requirements from the fire Marshall.

Means of Egress in New Construction

4.1.3 in the ADAAG and in the Texas Accessibility Standards we find the requirements for new construction.

TAS and ADA 4.1.3 (9) states:

“In buildings or facilities, or portions of buildings or facilities, required to be accessible, accessible means of egress shall be provided in the same number as required for exits by local building/life safety regulations….”

For example, if the building code requires two means of egress and two are provided, then both those exits must be on an accessible route. On the other hand, if a building code only requires two means of egress but four are provided, only two must be accessible.

Means of Egress at Alterations

It is exempted….

Believe it or not, in an existing facility where renovations are being made to a primary area, the means of egress does not have to be brought up to compliance with the accessibility standards if it is not accessible.

TAS 4.1.6 (1) (g) states:

“In alterations, the requirements of 4.1.3(9), 4.3.10 and 4.3.11 do not apply.”

4.1.3(9) speaks about the means of egress requirements stated above. 4.3.10 discusses egress and 4.3.11 discusses areas of rescue assistance. These sections will not apply in an alteration.

The picture above shows an existing building that was renovated, and this was one of their required exits. Since the exit was existing, it will not be required to be brought up to compliance.