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.

I do lots of building inspections to verify that the project was built per the ADA and TAS.  I come across very interesting situations, and I wanted to share some with you.

Fixed Seating and Tables

5% of fixed tables are required to be accessible.  Booths are fixed tables and seating and most of the time, they are not taken into consideration.  In many inspections I have performed the booths do not have the 30″ clear floor space between seats which would allow a wheelchair to sit at the booth.

Knee Clearance

A dining surface will require knee space.  The minimum depth for the knee and toe space is 17″, but if you have a 9″ high toe clearance, the depth for the knee clearance can be reduced to 11″ min., as the figure from ADA 306 shows.

At this inspection, the table had only 11″ of depth, and no toe clearance, therefore there was not enough depth of the planned wheelchair space.

Below was the fix, which added the toe clearance.

Adjoining sidewalks

It is always difficult to make alterations to existing spaces.  It is additionally challenging on exterior alterations.  If you have an existing sidewalk and you are installing a new sidewalk perpendicular to the existing, cross slopes could be an issue.  Because the running slope can be up to 5%, once you place a new sidewalk perpendicular to the existing one, the cross slope of the new one might turn out to be 5% since it will follow the running slope of the existing.

In this inspection, that is what happened.  The new sidewalk had a cross slope that was too steep because the existing sidewalk’s running slope was more than 2%

Lavatories

Vessel sinks are very popular and are being used more and more at public restrooms.  When using a vessel sink, or a vessel style sink, keep in mind that the lavatory can only be 34″ maximum high.

In this inspection, the installation was a violation because they mounted the counter at 34″ a.f.f., but the vessel sink’s rim was at 36″ a.f.f.

Reach ranges

We are all used to planning for reach ranges at operable parts, but we also need to keep reach ranges at toilet paper dispensers.  Here are two toilet papers dispensers that were mounted either too high, or too far away for a person to reach.

For more information

TDLR just put out five more Technical Memorandum that explains vague sections of the Standards.  These came out January 22, 2013. Click below to get the exact Memo.

TM 2012-05: Safe Harbor

TM 2012-06: Wading Pools

TM 2012-07: Press Boxes

TM 2012-08:Private Clubs

TM 2012-09: Employee Breakrooms

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.

A few years ago, I created a list of tips for designer on how to avoid pit falls when designing for ADA. I am sharing it again, but this time it uses the 2010 ADA Standards as a basis for the advice. Happy New Year and may we continue to eliminate barriers together!

Ten Tips for Accessible Design

1. CODE RESEARCH

Before you begin your design, make sure you are aware which code you are required to follow based on the City you are designing in. (for example, some Municipalities requires ANSI vs. ADA) Click here to see which Code has been adopted by State.  Remember that you have to use the most stringent between ADA and whatever other code/guidelines your municipality is using.

2. HAVE A CHECKLIST

It is smart to have a checklist so you don’t forget some part of the puzzle.  The ADA has a checklist that you can follow for assessments and design process.  These are for the 1991 ADAAG, but I’m developing one for the 2010 ADA Standards which I will publish soon.  In the mean time, you can use this one to remind you of the pieces.

3. HAVE TOLERANCES

When given a range, don’t use the lowest or tallest number. Give yourself some tolerances for construction imperfections. For example, a handrail can be between 34″ and 38″, so a 36″ tall handrail is acceptable.

4. GIVE YOURSELF WIGGLE ROOM

When designing toilet rooms, keep in mind what finishes will be on the wall. If the water closet requires a minimum of 60″ of clear floor space and you use ceramic tile, which  is sometimes 3/8″ thick, that can throw off the required clearances making your space a 60″ space around 59″ instead.

5. CHECK DOOR SWINGS

Remember that in a multi-user toilet room, a door cannot swing into the clear floor space of an accessible fixture, but clear floor spaces of fixtures can overlap each other. The door swing can overlap the required turning space. There is an exception in the 2010 ADA for single user restrooms which allows the door to swing into the clearance of a fixture, as long as there is enough room for a 30″ x 48″ space beyond the swing of the door.

Another way that a door swing can become an issue during design, is if there is not enough maneuvering clearances at the pull side of the door.  Sometimes there is a lavatory (or other elements) that might get in the way making the pull side approach less than 18″  (like the plan above and the photo below).  When designing the restroom keep in mind how deep a fixture will be and adjust the door clearance accordingly.

6. KEEP IN MIND THE USERS

When designing storage rooms, keep in mind that if a person in a wheel chair can enter the room and close the door behind them, then they must be able to turn around and go back out. In cases where the storage room is 48″ deep (allowing a wheel chair front access), try to either swing the door in so they can’t close it once they are inside; or create shelving that will make the room shallower and therefore will not create the ability to stay stuck inside.

7. UNDERSTAND COMMON USES

Most places in a facility that are used by more than one employee at a time, or by patrons or visitors to the facility are required to be accessible and meet the requirements of the Guidelines.  This includes employee non-work areas like storage closets, restrooms, and break rooms.  The mistake I see often is that most people believe that the ADA is only for non-employees (i.e the public).  In reality, common use spaces that are also accessed by employees  must comply.

This closet is located in an office. It will be used by multiple employees and possibly visitors and therefore it is a “common use space” and must have a lower rod per the Standards.

8. DEFINE WORK AREAS

Employee work areas only have the requirement to be able to be approached, entered and exited.  Everything else within the work area are exempted.  For example sinks that are in work areas are not required to have knee clearances for wheel chairs.

This reception desk has a public side and a work area also. The side of the reception desk where the receptionist sits does not have to be accessible per the Standards (Title III of the ADA) until such time when a disabled receptionist requires it. The public side will have to be accessible

Break rooms or employee restrooms are not considered work areas (they are places where you take a “break” from work), therefore do require the knee clearance.

9. WATCH OUT FOR HAZARDS

The ADA has an advisory that recommends that people should not wheel themselves behind parked cars. When possible, allow for an accessible route in front of the cars. A person in a wheelchair is lower than the driver’s visual range and if they are wheeling behind a parked car, the driver may not see them if they are backing up.

Also, if there are any objects that are along the circulation path that are placed higher than 27″ above the ground, they must not project more than 4″ from the wall into the circulation path.  Visually impaired people will not detect the object and could hurt themselves.

10. MAKE SURE EXISTING CONDITIONS COMPLY

In an alteration of an area containing a primary function the existing accessible route, restrooms, drinking fountains and telephones must be brought up to compliance with ADA.  This is not always part of the scope of work of the remodel, but nevertheless must become part of the total scope if it’s not already compliant.  Remember also, that if they meet the 1991 ADAAG but not the 2010 ADA Standards, they are considered a “safe harbor” and can remain the way they are until they are subsequently renovated.

This drinking fountain allows a user to drink using a parallel approach. This was allowed in the 1991 ADAAG but not allowed in the 2010 Standards. Since they are existing, they are allowed to remain until they get replaced by a newer model. Then they have to meet the new requirements.

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

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