Abadi Accessibility News

We Moved!

2011-04-11T00:43:00.000-07:00

Dear Abadi Accessbility News Blog followers,

My Blog has a new home! We look forward to you visiting and staying a while. And feel free to subscribe to our feed and share with others! Thank you for reading

Making true sustainable spaces by making it Universal

2011-04-05T23:04:00.000-07:00

I'm presenting a seminar at the 2011 AIA National convention in New Orleans. The title of my seminar is ADA and Urban Regeneration". I selected that topic to stay within the theme of the convention, but the more I investigated the connection, the more appropriate it became.

Urban Regeneration is the process by which run-down parts of cities, towns or rural neighborhoods improve their social, environmental and economic well-being. Its objective is ato reverse the cycle of exclusion suffered by people in disadvantaged areas, to provide decent homes, good transport links, new jobs and safe, comfortable surroundings. These activities, when taken together, contribute to the growth of sustainable communities and the renewal of the built environment.

So how does the ADA get tied in? A community can be renewed and revitalized by means of environmental changes, sustainable strategies and economic stimulation. But if us as designers forget about our aging population and other disabled patrons, then we are excluding a large portion of our citizens. If buildings cannot be accessed and enjoyed by everyone, then we are not reaching its potential. It is not by accident that the word regeneration is made up of "generation". It should be all generations that enjoy our spaces. The ADA allows this to happen by giving us good guidelines to follow.

Urban Sidewalks

As part of thinking of how best to create a built environment that is universal, which is inclusive of the able-bodied community as well as the disabled community, urban sidewalks are one of the first issues to resolve.

As pedestrian ways deteriorate, they create hazards for the wheelchair users as well as for the visually impaired. This sidewalk has a larger change in level than the required ¼" which prevents wheelchairs from being able to go over the bump, and could be a tripping hazard for others.

The way to fix this deficiency would be to repair the sidewalk to meet all the sloping requirements. This is one of the considerations required when renovating a public sidewalk and accessible route.

Urban Entrances

In an urban setting, the entrances to shops and other establishments along the pedestrian way, must also be accessible.

In this entrance the ramp is too steep, and does not have the proper landing at the door. This would cause the wheelchair user to slide down before he could open the door, that is if they were even able to get up the ramp to reach the door.

The solution would be to rebuild the ramp so it will have a 1:12 slope maximum and a 5'-0" landing at the door. The ramp could be placed on the side of the building reather than the front. If the rise is more than 6" then handrails on both sides will be required. If some existing spaces are not able to have a 1:12 ramp, the new Standards allow for a steeper slope

Universal design and ADA allows for inclusion. Buildings can be sustainable but if they don’t allow access to all then it fails at its goal. The goal for regeneration is to utilize spaces for generations to come. The ADA allows this to happen by giving us good guidelines to follow.

How do architects deal with "head knockers" under stairs?

2011-03-29T19:14:00.000-07:00

A common design feature in many commercial lobbies are grand stair cases. Many times, the grand stair is open on all sides, to feature its structural beauty. Grand stairs are typically curved or done in a way that it gives the lobby a sense of elegance.

One thing architects and designers don’t think about is what happens with their visually impaired patrons who will not see the back of the stair? The open structure below the stair is a design feature, but because a blind person who uses a cane to find their way around will only detect an object that is mounted lower than 27” , the stair treads that are above 27” and below 80” will be a hazard since they are not detectable.

A client of mine called them “head knockers”. I thought that was pretty appropriate. Architects and designers are problem solvers. They love a challenge, especially when it comes to being creative with a solution to a possible design issue. There are many ways that I’ve seen these head knockers get resolved. Below are just a few of the one’s that I have seen.

This stair does not have a cane detection element, so it is a hazard to my poor husband, oops, I mean poor man that is running into it

Some designers use planters

Some don't want to call attention to the cane detection barrier rail , so they use a curb instead. This one is 4" tall. Although this is technically cane detectable it is not detectable by distracted people who could trip on it

Putting furniture is not a good solution, since it can be moved

At a retail store, placing the back of the stair where there is no circulation path could work

A simple and elegant rail that mimicks the design of the stair

This one is at the University of North Texas and the rail is a nice green and white which are their school colors. Very spirited

This was a good attempt with low fixed bench type seating. The problem with this one is that is still open and able to be accessed by a blind person who would not detect the barriers on either side of the open stair.

In general, this type of issue could be a great opportunity for great designers to solve.....

When hotels "leave the light on for you"

2011-03-13T08:13:00.000-07:00

The 2010 Accessibility Standards modified the provisions for transient lodging. The changes did not only occurr in the technical standards, but also in the Department of Justice requirements for hotels and other transient lodging facilities.

The Department of Justice made the following additions to the 2004 ADAAG regarding transient lodging:

(1) Facilities that are subject to the same permit application on a common site that each have 50 or fewer guest rooms may be combined for the purposes of determining the required number of accessible rooms and type of accessible bathing facility

(2) Facilities with more than 50 guest rooms shall be treated separately for the purposes of determining the required number of accessible rooms and type of accessible bathing facility

(3) Alterations to guest rooms in places of lodging that are condos and not owned by the facility owner are not required to comply

• Housing at a place of education.

Housing at a place of education are considered transient lodging. The term "sleeping room" is intended to be used interchangeably with the term "guest room". This also includes kitchens within housing units with multiple rooms. Some exceptions are:

o Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty, and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards

• Social service center establishments.

Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units shall comply.

(1) In sleeping rooms with more than 25 beds covered by this part, a minimum of 5% of the beds shall have clear floor space

(2) Facilities with more than 50 beds that provide common use bathing facilities shall provide at least one roll-in shower with a seat. Transfer-type showers are not permitted in lieu of a roll-in shower with a seat. When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.

• Reservations Made by Places of Lodging.

o procedures that will allow individuals with disabilities to make reservations for accessible guest rooms during the same hours and in the same manner as other guests,

o and requirements that will require places of lodging to identify and describe accessible features of a guest room,

o to hold back the accessible guest rooms for people with disabilities until all other guest rooms of that type have been rented,

o and to ensure that a reserved accessible guest room is removed from all reservations systems so that it is not inadvertently released to someone other than the person who reserved the accessible room.

• Timeshares, Condominium Hotels, and Other Places of Lodging. The rule provides that timeshare and condominium properties that operate like hotels are subject to new Standards. If the condo is owned by a private person and not the operator of the place of lodging, then it is exempted.

Changes to the Technical Requirements for Transient Lodging
In the 2010 Standards, the section specific to Transient Lodging are 224 for scoping and 806 for the technical requirements. Below are a few of the changes to the technical requirements.

206.5.3 Transient Lodging Facilities. In transient lodging facilities, entrances, doors, and doorways providing user passage into and within guest rooms that are not required to provide mobility features complying with 806.2 shall comply with 404.2.3.

Advisory 224.1 General. Certain facilities used for transient lodging, including time shares, dormitories, and town homes may be covered by both these requirements and the Fair Housing Amendments Act. The Fair Housing Amendments Act requires that certain residential structures having four or more multi-family dwelling units, regardless of whether they are privately owned or federally assisted, include certain features of accessible and adaptable design according to guidelines established by the U.S. Department of Housing and Urban Development (HUD). This law and the appropriate regulations should be consulted before proceeding with the design and construction of residential housing.

224.5 Dispersion. Guest rooms required to provide mobility features complying with 806.2 and guest rooms required to provide communication features complying with 806.3 shall be dispersed among the various classes of guest rooms, and shall provide choices of types of guest rooms, number of beds, and other amenities comparable to the choices provided to other guests. Where the minimum number of guest rooms required to comply with 806 is not sufficient to allow for complete dispersion, guest rooms shall be dispersed in the following priority: guest room type, number of beds, and amenities. At least one guest room required to provide mobility features complying with 806.2 shall also provide communication features complying with 806.3. Not more than 10 percent of guest rooms required to provide mobility features complying with 806.2 shall be used to satisfy the minimum number of guest rooms required to provide communication features complying with 806.3.

806.2.1 Living and Dining Areas. Living and dining areas shall be accessible.

806.2.2 Exterior Spaces. Exterior spaces, including patios, terraces and balconies, that serve the guest room shall be accessible.

806.2.3 Sleeping Areas. At least one sleeping area shall provide a clear floor space complying with 305 on both sides of a bed. The clear floor space shall be positioned for parallel approach to the side of the bed.

806.2.4 Toilet and Bathing Facilities. At least one bathroom that is provided as part of a guest room shall comply with 603. No fewer than one water closet, one lavatory, and one bathtub or shower shall comply with applicable requirements of 603 through 610. In addition, required roll-in shower compartments shall comply with 608.2.2 or 608.2.3. Toilet and bathing fixtures required to comply with 603 through 610 shall be permitted to be located in more than one toilet or bathing area, provided that travel between fixtures does not require travel between other parts of the guest room.

806.2.4.1 Vanity Counter Top Space. If vanity counter top space is provided in non-accessible guest toilet or bathing rooms, comparable vanity counter top space, in terms of size and proximity to the lavatory, shall also be provided in accessible guest toilet or bathing rooms.

806.3.2 Notification Devices. Visible notification devices shall be provided to alert room occupants of incoming telephone calls and a door knock or bell. Notification devices shall not be connected to visible alarm signal appliances. Telephones shall have volume controls compatible with the telephone system and shall comply with 704.3. Telephones shall be served by an electrical outlet complying with 309 located within 48 inches (1220 mm) of the telephone to facilitate the use of a TTY.

Remeber that March 15, 2011 is when the new Standards become effective. They will be mandatory on March 15, 2012.

If you want to learn more about the new Standards, The ADA Companion Guide has the 2004 Guidelines with commentary and explanations throughout.

Help support service animal training

2011-02-11T09:33:00.000-08:00

I have a great friend and colleague who spends her spare time training service dogs for people who are visually impaired. She does it for the Southeastern Guide Dogs. Suzanne Branch, owner of LUM, is the main trainer and has been doing it for 11 years. I went out to eat once with her when she was training her dog. It is incredible. These dogs are so obedient and smart and my friend is so brilliant that she can train them to help the disabled get around. And in order to be a trainer she has to keep the doggies from when they are puppies and raised them for a few years and then "graduates" them and turns them over to their new owner. That in itself must be extremely difficult because you get so attached to the dogs.

Needless to say, they require food, vet visits and many more things which need funding. Visit her blog and see how you can help!

Do you have a transition plan into the 2010 Accessibility Standards?

2011-02-09T19:21:00.000-08:00

Next month the 2010 Standards for Accessible Design will become effective. What does that mean to us as designers, building owners and builders? What happens in States that don’t use the ADA as their accessibility guidelines? What happens to existing facilities?

For new construction and alterations beginning (i.e. submitted for permit) on or after March 15, 2012, a covered public or private entity must comply with the 2010 Standards for new construction and alterations.
If construction or alterations start before March 15, 2012, you have a choice of following the 1991 or 2010 Standards. If construction or alteration might not start before March 15, 2012 (e.g., for a new project that is in the design stage), it will be safest to use the 2010 Standards for that project.

How do you decide which one to use?

You may want to consider the type of building and the types of alterations you contemplate before the compliance date. For example, an auditorium or theater with tiered seating have to follow less stringent requirements under the 2010 Standards (in some respects) than under the 1991 Standards.

If you alter a single-user toilet room, in many cases the 2010 Standards would require increased floor space compared to the 1991 Standards.

During the transition, you can't choose to follow one standard for part of a building and another standard for another part. In other words, all alterations to a building during the transition (from March 15, 2011, to March 14, 2012) must follow the one standard you choose.

What happens in a State that does not use the ADA as their accessibility guidelines?

One purpose of the 2010 Standards was to harmonize the federal requirements with state requirements. In about half the states, new construction and alterations already have to comply with a state code that is very similar to the 2010 Standards.

If you are in a state that has adopted the 2003 or 2006 International Building Code (including the accessibility standards of the American National Standards Institute, A117.1-2003), then when you build to your state requirements, you will be following most of the federal requirements already. But you will also need to follow the additional requirements that DOJ has issued "beyond" 2004 ADAAG. These are found in the 28 CFR Chapter 36 Subpart D

In Texas, the Texas Department of Licensing and Regulation is reviewing the 2010 Standards to determine the next course of action. They are speculations that they will adopt the 2010 Standards and make it the Texas Standards at the same time as the Federal Standards. We will keep you posted as we find out. Until such time, designers will have to design to the State guidelines and use the more strict interpretation if conflicting with the 2010 Standards.

What happens in existing buildings?

Both the 1991 and 2010 Standards generally require that when existing elements and spaces of a facility are altered, the alterations comply with new construction requirements. If there is an existing facility that meets the 1991 Guideline requirements, then The 2010 Regulations provide a "safe harbor" for those elements. Those elements do not have to be modified in order to meet the 2010 Standards, just for barrier removal purposes. You should document your compliance as to those elements, before March 15, 2012.

An element that does not comply with the alterations provisions of the Standards for that element is considered a "barrier." For example, a typical round knob on a door that should be accessible would be a barrier because it requires tight grasping, pinching, or twisting of the wrist to operate, contrary to the provisions of the Standards. These must be removed as are readily achievable, but all non compliant items from 1991 should be fixed prior to March 15, 2012.

Another opportunity to remove barriers is when there is an alteration of an area containing a primary function. Then you are required to not only make the new elements comply, but the path of travel to the altered area including the restrooms, drinking fountains and telephones that serve the altered area. If those upgrades exceed 20% of the original construction cost, the Department of Justice considers this disproportinate and will allow you to defer the upgrades that are beyond 20%. But they do want you to prioritize as follows:

1) An accessible entrance
2) An accessible route to the altered area
3) An accessible restroom for each sex
4) Accessible telephones
5) Accessible drinking fountains
6) Additional element such as parking, storage and alarms

What happens in buildings for which there were no standards before 2010 (that is, where the 2010 Standards establish specific requirements for the first time)

The safe harbor does not apply to elements for which there are no standards in the 1991 Standards, such as residential facilities and dwelling units, play areas, and swimming pools. DOJ lists these in the 2010 Regulation at section 36.304(d) (2)(iii)

Because of the new requirements, one of your top priorities during the transition to 2012 should be to evaluate those types of facilities and bring them up to the 2010 Standards by March 15, 2012, if they need to be accessible as part of program accessibility. These will become part of the "barrier removal" as it is readily achievable to remove.

This is a good time to re-evaluate or update the self-evaluations and transition plans. A self-evaluation lays out your assessment of programs and whether physical changes need to be made to facilities. A transition plan states what buildings or facilities will be modified, how, and when, and names the people responsible for implementing the plan.

These tips highlight certain provisions of DOJ’s ADA regulations and do not constitute legal advice. The regulations and other DOJ materials can be found online at http://www.ada.gov/

Updated list for Accessibility Guidelines

2011-02-09T06:35:00.000-08:00

One of my clients asked me yesterday why isn't there just one accessibility standard rather than having so many to follow....If I knew the answer to that I could probably cause Peace on earth....

But alas, since there are so many all I can do is help you to figure out which standard to use when.
Remember that March 15, 2011 is when the new 2010 Standards will become effective and States will have to adopt them (or not) by March 15, 2012 when they will be mandatory.

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 dwellling 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

The Blind Design Paradox by William J. Martin, WJM Architect

2011-02-01T13:42:00.000-08:00

I found this on Twitter @wjmarchitect
http://www.wjmarchitect.com/econofunctionalaesthetic.htm

This Blog deliberately reduced the aesthetic factor to visual aesthetics to make a point. The paradox is useful since many people tend to think of aesthetics as derived only from visual beauty.

Designing for the visually impaired has obvious implications for the aesthetic factor. Designing a successful object or building is, in many cases, heavily dependent upon visual aesthetic. The Paradox of a designed building not needing a visual aesthetic, highlights the concept of "Appropriate Balance". The visually impaired building user is unable to appreciate the visual aesthetic and beauty in a visual aesthetic design factor. Focusing in on creating only visual beauty of form in this situation is not appropriate and is theoretically not relevant from the perspective of the building user.

By separating the visual aesthetics from the other two factors, the "Blind Design Paradox" takes the focus off of the visual beauty of design and highlights the important role of balancing all three factors.

Visual aesthetics alone does NOT constitute good design. The underlying point of this example demonstrates the role of the "Equilibrium of Appropriate Balance" when all three factors in the design interact.

In the "Blind Design Paradox", the "Appropriate Balance" between the factors is achieved not through visual beauty, but through the textural and acoustic design of architectural elements. In fact, the space could be visually unaesthetic, poorly proportioned, and devoid of any light or color. These normally important aspects of design are theoretically not important to a visually impaired building user since they cannot be visually perceived.

The visually impaired building user appreciates the beauty, not visually, but through the textures and acoustics of architectural elements while utilizing the function of the spaces designed for them.

The "Aesthetics Factor" is affected by refining it as the beauty of the physical texture and acoustical properties of the materials selected by the designer to create the aesthetic and balance the functional and economic requirements. In this example the primary effort is not put into creating the visual beauty of form. This factor utilizes tactile and acoustic beauty to create the aesthetics of the design.

The "Functions Factor" is affected by the design of space that needs to make use of material textures not visual material appearance. An example of this is flooring texture to communicate room type and function, wall textures to assist users in locating and orienting themselves, and even acoustic cues designed into the building. This factor considers the functional purpose of the building to make it perform for the visually impaired building user and balance with the aesthetic and economic factors.

This is an example of the Armor Tile product called Advantage One

The "Economics Factor" is affected by the re-allocating of economic resources to obtain the appropriate diversity of textured materials and acoustic cues necessary to realize the design and accomplish a balance with the function and aesthetic factors. This factor considers the reasonable availability of these materials or whether new materials or technologies will need to be developed. This should also reasonably consider the economic means of the user as defined by the resources allocated to accomplish the construction of the design.

It is important to understand that even in this theoretical example, the Formal Aesthetic Factor is not eliminated or even decreased in importance. It has shifted from visual beauty to tactile and acoustic beauty and still must be balanced with the other factors to achieve equilibrium and maximize the "Econo-functional Aesthetic Balance". If the Three Factors are appropriately balanced the equilibrium created will transcend the sum of its parts. This creates architectural beauty that is far more profound.

Ed Roberts Day

2011-01-23T16:43:00.000-08:00

This Blog post was copied from the Disability.gov blog Posted by Diana Z. on Jan 23, 2011 5:38:40 PM in Community Life

Ed Roberts was an international leader and educator in the independent living and disability rights movements. He was the first student with significant disabilities to attend the University of California at Berkeley, and the first person with a disability to serve as director of the California Department of Rehabilitation. Roberts was a co-founder of the World Institute on Disability. In designating every January 23 as “Ed Roberts Day” Congress acknowledges the accomplishments Roberts made in helping reduce barriers, increase access and improve the lives of persons with disabilities across the country.

Abadi Accessibility News in Review

2011-01-02T10:33:00.000-08:00

As the year 2010 comes to a close and 2011 begins, I wanted to share the hightlights of our Blog and our little company. For those who don't know me so well, I'm an architect who has a passion for accessibility and to help designers and building owners incorporate the ADA guidelines and standards within their designs. So I developed this Blog to share information with you!

So here is how 2010 developed....

January: Started out the year busy, busy....reviews, inspections, assessments, seminars, newsletter, blog, LinkedIn groups, learning twitter, facebook and networking!

February: Was asked to be part of a book by my friend Tabitha Ponte called "To Become An Architect: A guide, mostly for women). This is an excellent guide and all the proceeds go to the Women In Architecture Fund which allows young women to pursue their dream to be an architect!

March: Got interviewed by Joseph Blythe on BlogTalk Radio on how I use Twitter as one of my marketing tools

April: "The ADA Companion Guide: Understanding the 2004 ADAAG" was published by Wiley and Sons. It was my first book and a culmination of the work I've been doing for the past 8 years!

June: Went to the AIA convention in Miami and was blown away by all the great speakers, including Daniel Pink who is not an architect but inspired us to design for greatness. There I met Tabitha Ponte in person!

July: Celebrated the ADA's 20th anniversary. We organized an awesome ADA Awareness day which was filled with speakers, tours and case studies throughtout the day! We also found out that the 2004 ADA had been adopted!

August: Presented at METROCON10 for interior designers in Dallas Texas. We learned more about the new ADA and what is coming up in the next 2 years. And was interviewed by Travis Blythe on CelebrityURadio

September: The 2010 ADA Standards was published by the Department of Justice and we had 18 months to implement the changes. We are looking forward to making those standards more clear!

October: I presented at the Texas Society of Architects convention in San Antonio about the new ADA. There were 450 architects in my class! I was so honored that all of them came, and the feedback was also great! Got to present also with my good friends Jamie Crawley, Bob Borson and Laura Davis about Architects and Social Media! And I got to meet Cameron Sinclair and hear about his awesome organization Architects for Humanity

November and December: Spent time with family and rang in the new year with the renewed hope that a great year is about to begin!

Happy New Year!!!!

The new ADA: Change you can believe in

2010-12-24T08:44:00.000-08:00

I made this movie with a new website Xtra Normal. It is all about President Obama explaining the changes to the ADA and President George HW Bush reminisces about the old ADA. I hope you enjoy

Click here to view the movie

How do we deal with access into small closets?

2010-12-09T07:25:00.000-08:00

The 2010 Standards of Accessible Design Section 305.3 describes the clear floor area for rooms, including storage rooms, as being a minimum of 30"x48". This is the amount of space required by a wheelchair. In storage closets it is important to have not only the minimum requirements, but if they are full entry closets, then the ability to turn around and exit the closet will also be required. Many times, storage closets are designed narrow and deep, which becomes problematic if the person in the wheelchair is able to fully enterthe space and not get back out.

Shallow vs. Full entry closets
There are two types of closets: one is a "shallow closet" space which is shallower than the 48" x 30" required by a wheelchair and therefore does not allow full entry. A closet that is deeper than 48" would allow full entry by a person in a wheelchair.

In storage facilities (i.e. closets) that allow full entry, a 5'-0" turning space is required so that once in they can turn around and get out without risk of getting stuck. What if you don't have the five feet? Then you can make the deep closet act like shallow closets. Here are some examples:

If you have a wide closet that is 48" wide and 48" deep, but no 5'-0" space, try adding
shelving to the back to make the space less than 48" and therefore does not allow
for full entry.

Deep Closet and no turning space

Shelf makes it a shallow closet

If you have a closet that is narrow , like 36" wide, but deeper than 48", and already has shelving in the back, one solution is to swing the door in so that there is no risk in getting trapped inside by the door closing and not being able to turn around to exit after the door is closed.

Deep closet with an out swinging door

Deep closet with in swinging door

Inspector's Corner: Shallow Closet

The 2010 Standards for Accessible Design, states the requirements for storage in
section 811, but it refers you back to section 308 for reach ranges. If you have
a shallow closet, there needs to be a reach range per Figure 308.3.1 which shows
an unobstructed side approach. The only obstruction you can have 10" of depth
maximum. The rod or shelving would have to be no taller than 48" high

In this shallow closet used to hang smocks and personal belongings at a beauty salon ,
the doorway is not 30" therefore a side approach is required. But the rod is higher than
48" and the distance away from the doorway was more than 10". Therefore this was not
an acceptable storage closet.

A solution could be to add a second rod that is at 48" high and 10" away from the
opening of the storage closet.

December 3rd is UN International Day of Persons with Disabilities

2010-11-30T19:28:00.000-08:00

December 3rd 2010 will mark the 19th annual celebration of the United Nations’ (UN’s) International Day of Persons with Disabilities. This annual celebration was established in 1981 by the International Year for Disabled Persons, to promote a better understanding of disability issues with a focus on the rights of persons with disabilities and gains to be derived from the integration of persons with disabilities in every aspect of the political, social, economic and cultural life of their communities.

The theme of this year’s observance is Keeping the Promise: mainstreaming disability in the Millennium Development Goals. The UN will mark this milestone with two days of seminars, lectures and a disability film festival, while disability, advocacy and governmental organizations are encouraged to hold celebrations in their own communities.

“Governments need to do more to support people with disabilities. That means implementing the UN Convention on the Rights of Persons with Disabilities,” remarked UN Secretary-General Ban Ki-moon. “On this International Day, let us recognize that the battles against poverty, disease and discrimination will not be won without targeted laws, policies and programs that empower this group.”

For more information on this observance, visit http://www.un.org/disabilities/default.asp?id=1540

protruding objects - avoiding hazards along the way

2010-11-04T16:51:00.000-07:00

When designing for accessibility, we immediately think of the wheelchair users and their needs. We design the parking, accessible route, ramps and eliminate the architectural barriers that impede the wheelchair access to the building or site. But the ADA involves more than mobility disabilities. The rules that people are not so aware of deal with the visually impaired community. The way we design for the blind and low vision patrons make it easier for way finding and getting around avoiding hazards along the way.

The new ADA keeps most of these rules intact, except for adopting a new numbering system in the guidelines. The new section for protruding objects will be found in Section 307 Protruding Objects

Protruding Objects

In the 2004 version of the ADAAG, the rules describe objects that protrude onto the circulation path of travel (not the accessible route). This path is different than an "accessible route". The path of travel is for all pedestrians, regardless of disability. Along the circulation path, there should not be any protrusions that would cause a hazard to people who are visually impaired and wouldn't normally see the protruding object. These requirements are now found in section 307 (formally 4.4)

Wall mounted and free standing objects that are mounted above 27" cannot be detected by a person who uses a cane to find their way around. So any object that is mounted on the wall along the circulation path (remember this is a pedestrian route, not a wheel chair route) have to maintain a path free of obstructions

This photo shows a drinking fountain on the way to the restroom and higher than 27" a.f.f. which would be a hazard to a blind person

Head Room

A person who is visually impaired will not detect objects that are lower than 80" from the ground. Objects along the circulation path, such as open stairs, sconces, even branches of a tree, should have some warning at a cane detectable height in front of it in order to warn the visually impaired person that a hazard may be up ahead

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.

Inspector's Corner

The 2004 version of the ADAAG eliminates the detectable warnings at curb ramps. No longer will the truncated dome texture and contrasting color will be required within the property line. The Access Board and the Department of Transportation will be developing guidelines for curb ramps in the public right of way. We will keep you posted.

Detectable warnings are a controversial topic for architects but also for the disabled community. Visually impaired people really like detectable warning, like truncated domes, because it helps them with way finding. However architects and builders get frustrated with all their inconsistencies. Wheel chair users don't enjoy the high maintenance that it requires at curb ramps. If the ramp ices over, it can gather dirt,and it is hard to wheel around it. So even though the detectable warnings at curb ramps were removed, the controversy in the disabled community has not gone away

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

Do you have a personal mountain?

2010-10-27T21:55:00.000-07:00

October 27, 2010 was the 6th annual Accessibility Awareness Exercise at the AIA in Dallas, Tx where architects use a wheel chair for one entire day. The idea is that they should "walk in their clients shoes" (pun intended). Architects are trained to design for the disabled, and make their buildings accessible and Universal, but until they sit in the chair for one day, they probably won't understand fully the impact those pesky circles and knee spaces that they put on their drawings have on the real world.

Every year they have a speaker that inspires us as architects to think about disabilities in a whole different light. This year's speaker was Walter Patterson. He is an amazing man who at 18 months contracted polio. He spoke about his journey from a toddler having to wear braces on his legs, to having to be horizontal on a wheel chair for 24 hrs at a time, to the time he was a teenager and was able to get his driver's license. Mundane things like these that we may take for granted, but so important to every kid as they grow up. He shared how he learned to play bass guitar so he could play in a band in high school because he couldn't dance and it was his only way to participate in the social gatherings. And in college he discovered gymnastics and was a winner in the sport. But his most amazing achievement with his polio was his trek up Mt. Everest!

Here is Walter as a toddler with his crutches and wheelchair in the back

Here is Walter at Base Camp of Mt.Everest

With his talk, Walter showed us how his disability did not impede his ability to live a full life!

"Only 1 out of 10 people (abled bodied or not) that made it to base camp go up to Mt. Evererst!. And the number one reason why they don't make it is that they never left home"

Walter had a vision and a plan but more than that he had persistence and a great attitude! He was also humble enough to accept that he would have to be carried part of the time in order to make it in 29 days (otherwise it could have taken twice as long- not that he couldn't have done it)

I read an article on USA Today last week about a group of blind and visually impaired kids and adults that went hiking down the Grand Canyon. Scary thought! I can't imagine me as an abled bodied person going hiking down such a rocky place next to an abyss, let alone if I had no sight! Wow! But that didn't stop them!

The lesson from all this is that there is no reason not to get to the top of "Your" mountain! Whatever that barrier or obstacle is for you, these amazing individuals show us that nothing is too difficult to surmount.

Join us for ADA Webinars in Dallas, Tx

2010-10-27T16:18:00.000-07:00

"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

++++++++++++++++++++++++++++++++++++++++++++++++

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

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

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?

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

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.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++

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.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

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?

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

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?

ADA and Children

2010-10-21T06:59:00.000-07:00

In keeping with the theme of my past two posts, children are now part of the ADA. In the 1991 version of the Amercians with Disabilities Act Accessibility Guidelines, did not have any provisions for children. So even though facilities were accessible to different disabilities, there were still barriers for children.
In 1994 Texas adopted the Texas Accessibility Standards and added an entire section just for children. Section 2 of TAS shows how high drinking fountains, water closets, lavatories and grab bars need to be mounted...among other things. So for the past 16 years, Texas has been designing for children with disabilities.

Now the 2004 ADAAG has several places througout the standards that gives you specific requirement for children. The ADA Companion Guide shows examples and gives commentary on how the guidelines came to adopt the children's requirements.

Section 102 tells us:

"The technical requirements are based on adult dimensions and anthropometrics. In addition, this

document includes technical requirements based on children’s dimensions and anthropometrics for

drinking fountains, water closets, toilet compartments, lavatories and sinks, dining surfaces, and work

surfaces."

New items that are also scoped for children, is play areas! Now instead of just requiring an accessible route up to the equipment, the components within the play area will have to comply. The requirements are lengthy, so we will be more specific in a different post.

Amusement rides are required to be accessible, but there is an exception 234.3 Exception 2 that states if rides are designed for children where adults put them on or take them off do not have to have a separate accessible loading area. But of course, it can be done, as we saw on my last post about Morgan's Wonderland where all can ride indendently.

Besides the scoping for what is required to comply, we also have reach ranges specific for children. Section 308 has a table just for children's reach ranges.

Drinking fountain requirements for children are found in chapter 6 602.2 Exception which says that children don't have to have a knee space, but can use a parallel approach for the drinking fountain. The spout must be at 30" a.f.f. and 3 1/2" max from the front edge.

Water closets, toilet compartments, grab bars and dispenser heights for children are found in Section 604.9 and there is a table that we use according to the different age groups.

Section 606 Lavatories and Sinks states that a knee clearance of 24" min. a.f.f. under a sink for children 6-12 is required. Rim or counter shall be 31" maximum high. And children five years old and younger can have a parallel approach.

So when the new ADA is required (March 15, 2012) children will be counted and will be given similar standards than the adults. Just like the old standards gave more independence and dignity to the adults with disabilities, the new guidelines now give more independence and dignity to our disabled children!

A Universal Amusement Park

2010-10-18T19:08:00.000-07:00

I while back I wrote about my very independent three year old who was getting potty trained and wanted to get on the toilet all by himself. Most of the time I hear "I can do this all by myself". Frustrating at times, but a huge sense of pride for me as a mom. Most disabled children feel the same way, and the frustration is typically more than the fact that the parents won't let them, but that they truly can't, given all the obstacles in their way. Disabled children want to be able to go to school, to the restroom and even to an amusement park and use the facilities independently or at least just be able to get in. There are many types of disabilities, such as mobility impaired, visually and hearing impaired. But some that we may not even think of are cognitive and emotional disabilities. A child with autism also wants to be able to enjoy his or her childhood but may have a hard time doing it in the same places as able bodied children. They may feel scared and confused and ovewhelmed with all the stimuli.

I typically deal with the disabilities that are written down as part of the ADA and I typically just deal with the built environment when I do my consulting work. But this weekend my eyes and mind were open to a huge and untapped world! While at the Texas Society of Architects convention in San Antonio, Texas I was priviliaged to attend one of the tours to a park called "Morgan's Wonderland". It is an amusement park for children with special needs. And what an amazing place!!!! The first thing you notice is that it does not look or feel like it is a "special" amusement park. It looks like a fun and safe place for all children. What a treat (the only complaint I had was that when we went the park was closed so I was not able to see how the children enjoyed the park...Next time)

A lot of time was spent in the design and care was taken to be all inclusive. And they succeeded! As we toured, the architect Kyle Tostenson from Luna Architecture in San Antonio, explained how they laid out the park for all the different disabilities, making it truly Univesal. The first stop we made was to the Carousel. The Carousel was equipped with all kinds of seats for each type of disability. Of course it had the regular seats, horses, chickens, dragons. But they also had ones with back support, ones for wheel chairs, and ones that were stationary for those who did not want to go up and down. It was a wonderful adaptation. All children can enjoy.

But beyond the physical impairedness comes the emotional and cognitive impairdness. For those children who are ovewhelmed by change and too many people, the one's that are autistic, the park decided to purchase a stationary horse that is right outside the carousel. That horse is out so that the child can experience the carousel and get used to it until he or she is ready to ride the real deal.

The entire park was one impressive experience after the other. There was fun rides, safe rides, rides that played on the senses, rides that allowed kids to be kids in a safe environment!

This swing is for wheelchairs. The wheelchair is placed inside and flaps and chains keep it from falling out

This is a fishing pier at the park. Notice the different heights of rail which accommodates the children in wheelchairs (and even shorter folks like me ;-) )

This place is a true blessing! It is not only so well designed that anyone can use it, but it achieves what it set out to do:

"We wanted a safe place for my child to play"

So the can-do attitude of the owners, architects and builders and their problem solving expertise made a Wonderland for all!

The 2010 Standards for Accessible Design have finally been published

2010-09-16T07:44:00.000-07:00

The final regulations implementing changes to Title II and III Regulations was published today, September 15, 2010 in the Federal Register.

The revised regulations amend the Department's Title II regulation, 28 C.F.R. Part 35, and the Title III regulation, 28 C.F.R. Part 36.

Appendix A to each regulation includes a section-by-section analysis of the rule and responses to public comments on the proposed rule.
Appendix B to the Title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules.

Implementation dates:
• The final rules will take effect March 15, 2011
• Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but NOT REQUIRED until March 15, 2012.

You can access the final rules implementing Title II on the Federal Register Website at:

http://edocket.access.gpo.gov/2010/2010-21821.htm (HTML Version)

http://edocket.access.gpo.gov/2010/pdf/2010-21821.pdf (PDF Version)

You can access the final rules implementing Title III on the Federal Register Website at:

http://edocket.access.gpo.gov/2010/2010-21824.htm (HTML Version)

http://edocket.access.gpo.gov/2010/pdf/2010-21824.pdf (PDF Version)

Appendix B to Final Title III Regulation: (Analysis of the 2010 ADA Standards is available at:

http://www.ada.gov/regs2010/titleIII_2010/reg3_2010_appendix_b.htm (HTML Version)

http://www.ada.gov/regs2010/titleIII_2010/reg3_2010_appendix_b.pdf (PDF Version)

The US Department of Justice has prepared several fact sheets that discuss the changes to the regulations and they are available as follows:

Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA

http://www.ada.gov/regs2010/factsheets/title2_factsheet.html

Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title III of the ADA

http://www.ada.gov/regs2010/factsheets/title3_factsheet.html

Adoption of the 2010 Standards for Accessible Design http://www.ada.gov/regs2010/factsheets/2010_Standards_factsheet.html

If this is confusing to you, I wrote a guide all about the new guidelines with photographs and commentary check out our book "The ADA Companion Guide" published by John Wiley & Sons. I have a discount code for our subscribers if you visit my website http://www.abadiaccess.com/

How are the ADA guidelines changing?

2010-09-06T15:14:00.000-07:00

The new Americans with Disabilities Act has some interesting techical changes. This Blog

will explain some of the changes. For a summary of the Scoping changes please read the

past Blog post

Summary of Technical Changes

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 techical chapters the main changes is the re-formating to meet the numbersing

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.

9) An exception allows for a parallel approach at kitchen sinks if there is no cook top or range.

10) Signage now has a range for mounting heights from 48" to 60" and an 18" clear floor

space centered on the sign is required.

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

explanation of the new ADAAG.

Monet had Cataracts

2010-08-26T09:40:00.000-07:00

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.

On the 20th anniversary of the Americans with Disabilities Act, a group of architects toured the Dallas Lighthouse for the Blind. This is an amazing facility that trains and employs visually impaired people to manufacture many items from eye glass cases, highlighters, and even military shovel carrying fanny packs. It was an “eye-opening” experience (pun intended). These people are truly incredible. They are able to use computers with a software that read them what is on the screen. But the software doesn’t read it like an audio CD that you read for fun….it speed reads. One of the trainees demonstrated the software and he had it read what was on the screen in the speed that he can understand. All I could hear was gibberish….it was reading 120 words a minute…. and he could actually understand it! INCREDIBLE!!!

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.

Modernizing the ADA

2010-08-01T09:42:00.000-07:00

This is the new Press Release from the DOJ about the "modern" changes to the ADA

WASHINGTON July 23, 2010 - The Justice Department announced today that it will publish four new Americans with Disabilities Act (ADA) proposals addressing the accessibility of websites, the provision of captioning and video description in movies shown in theaters, accessible equipment and furniture, and the ability of 9-1-1 centers to take text and video calls from individuals with disabilities. The proposals are in the form of advance notices of proposed rulemaking, or ANPRMs, which provide information on these ADA issues and ask questions seeking comments and information from the public. The four ANPRMs will be published in the Federal Register on July 26, 2010.

“We are working hard to ensure that the ADA keeps up with technological advances that were unimaginable 20 years ago,” said Attorney General Holder. “Just as these quantum leaps can help all of us, they can also set us back – if regulations are not updated or compliance codes become too confusing to implement. To avoid this, the Department will soon publish four advanced notices of proposed rulemaking regarding accessibility requirements for websites, movies, equipment and furniture, and 9-1-1 call-taking technologies.”

Web Accessibility

State and local governments, businesses, educators, and other organizations covered by the ADA are increasingly using the web to provide information, goods, and services to the public. In the web accessibility ANPRM, the department presents for public comment a series of questions seeking input regarding how the department can develop a workable framework for website access that provides individuals with disabilities access to the critical information, programs, and services provided on the web, while respecting the unique characteristics of the internet and its transformative impact on everyday life.

Next Generation (NG) 9-1-1

9-1-1 centers are moving towards an Internet-enabled network to allow the general public to make a 9-1-1 “call” via voice, text, or video over the Internet and directly communicate with personnel at the centers. The NG 9-1-1 ANPRM seeks information on how the centers may be able to provide direct access to 9-1-1 for individuals with disabilities as they implement new communication technologies.

Captioning and Video Description in Movies Shown in Movie Theaters

Recent technologies have been developed to provide closed captions and video description in movies being shown at movie theaters. Movie studios have begun to produce and distribute movies with captioning and video description. However, these features are not generally made available at movie theaters. In the captioning and video description ANPRM, the department asks for suggestions regarding the kind of accessibility requirements for captioning and video description it should consider as proposed rules for public comments, particularly in light of the industry’s conversion to digital technology.

Equipment and Furniture

Full use of the nation’s built environment can only be fully achieved by the use of accessible equipment. There is now improved availability of many different types of accessible equipment and furniture, ranging from accessible medical exam tables, chairs, scales, and radiological equipment and furniture to “talking” ATMs and interactive kiosks. In the equipment and furniture ANPRM, the department poses questions and seeks comments from the public, covered entities, equipment manufacturers, advocacy and trade groups about the nature of accessibility issues and proposed solutions for making equipment and furniture accessible to persons with disabilities.

Who moved my cheese? Summary of the changes to the ADA

2010-07-30T06:44:00.000-07:00

SUMMARY OF CHANGES:

These are exerpts from the Department of Jusctice Fact Sheets

The Department of Justice (the Department) has amended its regulation implementing title III of the Americans with Disabilities Act (ADA), which applies to public accommodations (private businesses that fall within one of twelve categories established by the statute) and commercial facilities. The ADA requires the Department to publish ADA design standards that are consistent with the guidelines published by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board). Therefore, the title III rule adopts new Standards for Accessible Design that are consistent with the ADA/ABA Accessibility Guidelines developed by the Access Board. The final rule also amends the existing title III regulation to make it consistent with current policies and published guidance, to reflect the Department's experience since the regulation was first published in 1991, and to address and respond to comments received from the public in response to the Department's 2008 Notice of Proposed Rulemaking (NPRM).

Adoption of the 2010 ADA Standards for Accessible Design.

The Department has adopted revised ADA design standards that include the relevant chapters of the Access Board's 2004 ADA/ABA Accessibility Guidelines as modified by specific provisions of this rule. To minimize compliance burdens on entities subject to more than one legal standard, these design standards have been harmonized with the Federal standards implementing the Architectural Barriers Act and with the private sector model codes that are adopted by most States.

Effective Date.

The rule will become effective six months after publication in the Federal Register. Eighteen months after publication, compliance with the 2010 Standards will be required for new construction and alterations and barrier removal. In the period between the effective date and the compliance date, covered entities may choose between the 1991 Standards and the 2010 Standards. Covered entities that should have complied with the 1991 Standards during any new construction or alteration of facilities or elements, but have not done so by 18 months after the date of publication of the final rule, must comply with the 2010 Standards.

Element by Element Safe Harbor.

The rule includes a general "safe harbor" under which elements in covered facilities that were built or altered in compliance with the 1991 Standards would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration. A similar safe harbor applies to elements associated with the "path of travel" to an altered area.

Ticketing.

The rule provides guidance on the sale of tickets for accessible seating, the sale of season tickets, the hold and release of accessible seating to persons other than those who need accessible seating, ticket pricing, prevention of the fraudulent purchase of accessible seating, and the ability to purchase multiple tickets when buying accessible seating. It requires a venue operator to accommodate an individual with a disability who acquired inaccessible seating on the secondary ticket market only when there is unsold accessible seating for that event.

Service Animals.

The rule defines "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals. The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA. The rule permits the use of trained miniature horses as alternatives to dogs, subject to certain limitations. To allow flexibility in situations where using a horse would not be appropriate, the final rule does not include miniature horses in the definition of "service animal."

Wheelchairs and Other Power-Driven Mobility Devices.

The rule adopts a two-tiered approach to mobility devices, drawing distinctions between wheelchairs and "other power-driven mobility devices." "Other power-driven mobility devices" include a range of devices not designed for individuals with mobility impairments, such as the Segway® PT, but which are often used by individuals with disabilities as their mobility device of choice. Wheelchairs (and other devices designed for use by people with mobility impairments) must be permitted in all areas open to pedestrian use. "Other power-driven mobility devices" must be permitted to be used unless the covered entity can demonstrate that such use would fundamentally alter its programs, services, or activities, create a direct threat, or create a safety hazard. The rule also lists factors to consider in making this determination. This approach accommodates both the legitimate business interest in the safe operation of a facility and the growing use of the Segway® PT as a mobility device by returning veterans and others who are using the Segway® PT as their mobility aid of choice.

Effective Communication.

The rule includes video remote interpreting (VRI) services as a kind of auxiliary aid that may be used to provide effective communication. VRI is an interpreting service that uses video conference technology over dedicated lines or wireless technology offering a high-speed, wide-bandwidth video connection that delivers high-quality video images. To ensure that VRI is effective, the Department has established performance standards for VRI and requires training for users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI system.

Reservations Made by Places of Lodging.

The rule establishes requirements for reservations made by places of lodging, including procedures that will allow individuals with disabilities to make reservations for accessible guest rooms during the same hours and in the same manner as other guests, and requirements that will require places of lodging to identify and describe accessible features of a guest room, to hold back the accessible guest rooms for people with disabilities until all other guest rooms of that type have been rented, and to ensure that a reserved accessible guest room is removed from all reservations systems so that it is not inadvertently released to someone other than the person who reserved the accessible room. The final rule limits the obligations of third-party reservation operators that do not themselves own and operate places of lodging. In addition, to allow the hospitality industry appropriate time to change reservation systems, the final rule gives places of lodging 18 months from the date of publication to come into compliance with these requirements.

Timeshares, Condominium Hotels, and Other Places of Lodging.

The rule provides that timeshare and condominium properties that operate like hotels are subject to title III, providing guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging. The final rule limits obligations for units that are not owned or substantially controlled by the public accommodation that operates the place of lodging. Such units are not subject to reservation requirements relating to the "holding back" of accessible units. They are also not subject to barrier removal and alterations requirements if the physical features of the guest room interiors are controlled by their individual owners rather than by a third party operator.

The US Department of Justice has adopted the new ADAAG

2010-07-28T19:29:00.000-07:00

Six year after the Access Board passed an amended Accessibility Design Guidelines (ADAAG), and 20 years after the ADA became the law of the land, the Department of Justice has adopted the revised Guidelines that the US Access Board suggested. The Attorney General signed the amendments to the Title III ADA regulations this last Friday July 23, 2010. President Obama made the announcement on July 26, 2010. See the video

Essentially this change will help to harmonize the Model Code standards (ANSI) with the ADAAG. There is a new numbering system, new graphics and even new ranges in the guidelines. These adopted changes to the law will not take effect for another six months, and designers and owners can choose to keep using the 1991 guidelines for another 18 months. This will allow the projects that are in the design process or even the construction process to not have to change their designs in mid stream. But after 18 months, they will have to comply with the new guidelines.

There are also some safe harbor provisions which allow buildings that are fully compliant with the 1991 ADAAG to remain compliant until they decide to do an alteration to the building. There are many other provisions that are worth reading even if the guidelines will not be in effect for a few months. My book, The ADA Companion Guide, has a section of the changes from the 1991 to the new rules and it explains with photographs and commentary what the new guidelines require.

New provisions were added for Judicial facilities, amusement rides, outdoor recreation facilities , exercise machines and equipment, fishing piers, golf facilities, play areas, swimming pools, shooting facilities and firing range and residential fcilities like condos and time shares. There are also provisions for children heights, as well as for scooters and motorized wheel chairs that were not in the original ADAAG.

This will be an interesting process....let's all learn it together!

Announcement from DART about Mockingbird Station

2010-07-26T19:38:00.000-07:00

Level Boarding Project Continues at Mockingbird Station,

Saturday, July 31 and Sunday, August 1

Mon, 26 Jul 2010 11:00:00 -0500

Construction to prepare all remaining DART Rail station platforms for new Super Light Rail Vehicles continues at Mockingbird Station.

Trains will not stop at Mockingbird Station on:

Saturday, July 31, and Sunday, Aug. 1

Saturday, Aug. 7, & Sunday, Aug. 8*

(*if necessary)

Shuttle buses will operate between Mockingbird and the three adjacent rail stations - Cityplace to the south, and both Lovers Lane (Red Line) and White Rock (Blue Line) to the north.

Happy 20th Anniversary to ADA!

2010-07-26T06:07:00.000-07:00

Today, July 26, 1990 is the 20th anniversary of the Civil Rights Law the Americans with Disabilities Act. This Act was signed into law by President George Bush in 1990. It signified the indenpendence day for the millions of disabled Americans. Join us to celebrate all day at the different functions throught Dallas and Plano Texas.

In Washington, DC my friend and colleague Kristi Thomas attended the first of the ADA Celebrations last night to commemorate the 20th Anniversary of the signing of the Americans with Disabilities Act. It was hosted by AAPD (American Association of People with Disabilities)

This is what she told me:
“ There were over 1300 people there, many of whom are disabled. They had some VERY powerful speakers say some VERY powerful things and then the party began!
They had a band called "Flame" which is made of up 11 people with disabilities ... all talented artists. They played mostly classic rock and we watched people with varying disabilities out on the dance floor celebrating their independence.
That's what the ADA is for them, you know ... independence. When I stood on the White House lawn 20 years ago at the signing of the ADA ... it was a declaration of independence for an incredible group of often forgotten people.”

On July 26, 1990 the disabled community won a huge victory in their fight for autonomy and independence. For many years people that were disabled could not find gainful employment, shop by themselves, enter government buildings or even go to parks. Today we celebrate this Victory. If you have any questions, call me at 214-403-8714

Let the Festivities begin

2010-07-24T23:42:00.000-07:00

The 20th Anniversary of ADA Celebrations began this past Friday in Washington D.C. Here is the transcript from the kick-off

Attorney General Eric Holder Speaks at the Department of Justice's ADA 20th Anniversary Commemoration

Washington, D.C. ~ Friday, July 23, 2010

"Thank you, Tom [Perez]. I appreciate your kind words, but I am especially grateful for your committed and passionate leadership of the Civil Rights Division. You and your team have done an outstanding job of revitalizing the Civil Rights Division, and renewing the spirit of the law we’ve gathered here to celebrate.

Today, we commemorate the 20th Anniversary of the Americans with Disabilities Act and the legacy of progress that the ADA helped to create. It’s an honor to celebrate this milestone with so many friends, colleagues, and partners – and with many of the leaders who called for and helped to develop this landmark legislation. In particular, I want to thank today’s panelists – a group of advocates who were instrumental in the ADA’s creation and implementation. Thank you all for being here and for sharing your unique experiences and perspectives with us.

I’m also pleased that we are joined by three former leaders of the Department’s Civil Right Division: Steve Pollak, John Dunne, and Jim Turner. And I’m glad to welcome two members of our extended DOJ family: Cheryl Sensenbrenner and Ginny Thornburgh.

I’m also grateful that we are joined by Tony Coelho – a good friend, a long-time advocate for equal opportunity, and a principal author of the ADA. And it’s a special privilege to welcome back to this Department one of my predecessors, my first boss as a lawyer – and, as many of you will remember, one of the ADA’s greatest champions – Attorney General Dick Thornburgh.

In July of 1990, Attorney General Thornburgh said that the ADA’s enactment amounted to “another emancipation . . . one more opportunity to further guarantee equal protection under the law for every citizen of this nation.”

With those wonderful words – and guided by that vision – he set the tone for all that would come. Over the past two decades, the ADA helped create revolutionary improvements in the lives of Americans with disabilities. But just as important, the ADA helped improve our society’s understanding of what Americans with disabilities could accomplish when given the chance to participate on equal terms. The work of the Justice Department – the work done by many of you – helped to drive this progress.

In the 1990s, the Department compelled facilities in every corner of America to provide access to people with disabilities; tackled HIV/AIDS discrimination head on; secured full health-care access for deaf Americans and others suffering from hearing loss; accommodated children with disabilities in child care programs; and agreed with the Olympic Games Committee to ensure that sports venues under construction for the 1996 Olympics and Paralympics in Atlanta were fully accessible to fans with disabilities.

These were just a few of many breakthroughs that helped to rewrite legal paradigms, enlighten attitudes, and change lives. These actions were also a model for the aggressive – and appropriate – enforcement of the ADA.

In July of 2010, I’m pleased to report that the Justice Department has returned to this model. At every level of our work – and in cooperation with our partners across the Administration – we have placed a renewed focus on enforcing the ADA. And we’re seeing results.

Our Civil Rights Division is leading this work, and – in recent months – has settled several lawsuits alleging egregious discrimination against people with disabilities. The Department has renewed its commitment to the aggressive enforcement of the Supreme Court’s landmark decision in Olmstead – recognizing the right of Americans with disabilities to access the care and services they need in their own homes and communities – with suits against three states and participation in suits against another eight.

We’re also working hard to ensure that the ADA keeps up with technological advances that were – quite simply – unimaginable 20 years ago. Just as these quantum leaps can help all of us, they can also set us back – if regulations are not updated or compliance codes become too confusing to implement. We won’t let that happen. To avoid this, the Department will soon publish four advanced notices of proposed rulemaking regarding accessibility requirements for websites, movies, equipment and furniture, and 911 call-taking technologies.

And because, at its core, the ADA is about ensuring that all Americans can participate fully in our democracy, we are taking meaningful steps to offer fully accessible voter registration services at federal agencies, as intended by the National Voter Registration Act.

But our ongoing enforcement efforts extend – as they should – far beyond lawsuits and settlements. The last two decades have taught us that when the ADA is well understood, its provisions are almost invariably well executed. That’s why – to expand the ADA’s reach and to save scarce resources – we’ve launched multiple educational outreach initiatives. In communities across the country, programs such as Project Civic Access, the ADA Mediation Program, and the Department's Technical Assistance Program are making a difference.

The Department’s leading role in enforcing the ADA – and our obligation as a federal agency that employs more than 100,000 people – carries an additional, and very solemn, responsibility: to make sure that our own house is in order… and open to all qualified candidates with disabilities.

We are not yet where we want to be on this front. Put bluntly, we do not have sufficient numbers of people with disabilities who serve as our colleagues in this great agency. But the Justice Department is taking bold steps to ensure that opportunities to serve and thrive here are accessible to every qualified candidate and employee. The Attorney General’s Committee on the Employment of Persons with Disabilities continues to advise me on the best ways to incorporate persons with disabilities into the recruitment, hiring, retention, accommodation, and promotion practices of the Department. And I am proud to announce that, as part of our new Diversity Management Plan, there is now a vacancy – to be filled within several weeks – for a critical new position within the Department: a Special Assistant for Disability Resources.

I am firmly committed to holding the Department’s senior leadership accountable for encouraging the contributions of employees with disabilities, and working to attract qualified candidates with disabilities. This is a top objective of mine – and it must be our shared priority.

As Attorney General Thornburgh put it in 1990, “Each time civil rights are enlarged in our country, they extend over the whole of our society.

“So,” he added, “do not let this bright moment in American history escape you.”

Twenty years later, we must renew our commitment to seize “this bright moment” for our fellow citizens with disabilities and also for our nation. History, again, is calling us. And together, once more, the Justice Department will lead through its work, enrich our nation, and help to fulfill the promise of equal justice, and equal opportunity, for all. These are our goals; this is our responsibility.

Thank you."

What do I think of the ADA...as an architect?

2010-07-19T18:48:00.000-07:00

.
Thank you to Abadi Accessibility News for asking me to weigh in with my opinion as we approach the 20th Anniversary of the Americans with Disabilities Act. My name is Bob Borson and I can typically be found at the helm of my own blog, Life of an Architect .

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law by then President George. H. W. Bush. It was a momentous occasion and it would change the lives of millions of people, mostly for the better. So here we are 20 years later, well into living and working with the rules and regulations associated with the ADA, but how are we as architects doing implementing these rules? As architects we are probably doing okay because you can't work on a project without implementing the requirements of the ADA. For example, this act was signed into law before I even graduated from college so it has existed all of my professional life. That having been said, how are our clients doing with it and are we helping them?

On occasion, when I tell people that some portion of their project doesn't currently meet code or when I try and explain why the bathrooms are as large as I have shown them, I get puzzled, sometimes irritated responses:

Client: "I was in a restaurant the other day and their toilet room wasn't anywhere near this big."

Me: "Well that doesn't make it right, besides, it is possible that their toilet rooms were permitted before ADA was a requirement."

Client: "And why is that space behind the cashier so large - make it smaller.."

Me: "I can't, that is another ADA requirement. Someone who works back there might be in a wheelchair and they need to be able to turn around and maneuver properly."

Client: "It's too big, I just won't hire someone in a wheelchair."

Me: "It's not called the Americans in Wheelchairs Act, there are other disabilities. You do realize that you are now practicing a type of discrimination and trying to break a federal law?"

Client: "No one else seems to have to do it...now whose being discriminated against?"

I am embarrassed to have to say that I have had this exact conversation or some form just like it several times and I am always shocked that people don't even realize that they are practicing discrimination. I like to think I have smart clients but I have had a few tell me (after I pointed out what they were asking for) tell me that they don't discriminate, that they like people from all races and backgrounds.

Errr...that would be racism and something entirely different. Holy gorilla's armpit - you have got to be kidding me.........

I have to be honest with you, I mostly do residential work and my knowledge of the intricacies of the rules and regulations associated with the ADA are pedestrian at best. I can handle looking things up in the rule book and coming to my own conclusions but what it really comes down to is having a Registered Accessibility Specialist, or RAS, who is there to help guide you. When I start a project, and I try to sit down with all the people who will be working with me and I have a conversation about how we are all on the same team and that we all have the same goals. See, the very nature of how most contracts are set up, adversarial relationships between architect and contractor are established from the very beginning. Another relationship that can be a bit...well maybe not adversarial but difficult at times is between the architect and their RAS. Sometimes, and I mean this with begrudging respect, RAS tend to be rule followers of the highest order. This "rule following" mentality can actually serve the architect well when trying to navigate the labyrinth that is the ADA rulebook. But I am not interested in just rule followers, I want my RAS to interpret how the rules might actually apply specifically to my project. And that's where my particular RAS consultant specialist comes in.

When I was asked to write this post, I was more than happy to do it. The type of RAS consultant I like to work with typically has an architectural background. Having a RAS who thinks like an architect while interpreting the rules and regulations associated with ADA, brings me that much closer to achieving a successful project while getting everyone working on the project on the same side and with the same ultimate goal. I don't think that some people think about the type of role that a RAS can perform - if you get the right one. It is my intention to go beyond just "doing the right thing", disabled persons should have their actions and challenges taken into consideration. Trying to be a rule breaker, or even a rule bender, holds no allure for me as a architect and designer. But just as I have to interpret the projects programs, I want a RAS consultant who will help me work within the guidelines established and to achieve all our common goals - a happy client. Incorporating ADA requirements into your projects is an indication on how far we as a society have come, how inclusive we can be. It should be more about what we can do, not what we have to do.

I tawt I taw a puddy tat! or was it a parking space?

2010-07-18T20:27:00.000-07:00

I was at The Willow Bend Mall play area in Plano, Texas with my kids today. The Looney Tunes PlayLink, is presented by The Medical Center of Plano and features many cartoon favorites including Daffy Duck, Yosemite Sam, Wile E. Coyote, Pepe Le Pew and more. The fun starts at the entrance, where Bugs Bunny will check-in little ones into the play area. Kids can weigh-in with the Tasmanian Devil, and Tweety can check their heart beats. Overhead, Porky Pig and Yosemite Sam oversee activities in a helicopter, while Gossamer playfully sticks out his tongue in a kid-sized hospital. As we were leaving I noticed a very interesting thing.....accessible parking spaces!

I thought it was so interesting that the play area designers went out of their way to create this little detail. Was it that we are so used to seeing accessible parking spaces in our parking lots, or is it that we are trying to send a message to our children?

I thought it was great! Good for them! As architects we are so used to planning for the disabled that it becomes second nature as we design. And in the day to day world, our children are becoming more aware that accessible parking spaces are always there when they go shopping at the mall, the store, the movie theater and even the hospital. They may not know exactly why they are there, but they begin by having respect for the spaces and hopefully respect for the individuals who use them and have fought so hard for their civil rights which has been provided for them 20 years ago by the Americans with Disabilities Act. May they grow up to be tolerant and compassionate adults who will not think twice about removing all architectural and cultural barriers that stand in the way of the disabled members of our society.

"I was for the war before I was against it..."

2010-07-11T07:52:00.000-07:00

In the ADAAG there are rules that might appear to be inconsistent. Sometimes there are rules for the same space or fixture that have different requirements depending on where they are found. Here are a few examples:

Grab Bars

Grab bars at water closets that are not in a stall follow fig. 29, which specifies a minimum of 54" from the back wall to the edge of the grab bar

But for the same grab bar that is found in a stall or toilet compartment, the length required is 52" minimum per figure 30d.

Sinks and lavatories

A sink is a plumbing fixture not found in a restroom or used for other things than washing hands, whereas a lavatory is typically found in a restroom and is only used to wash hands. The knee space requirements for each is slightly different. For a "sink" the knee space requirement is 30" wide and 27" tall to the underside of the apron.

At a lavatory, though, the knee space requirement changes to 29" below the apron per Fig. 31

Counters

Depending on where you find a "counter" there is a different height requirement. If the counter has a sink, then the height is 34" high maximum.

There are also knee space requirements that are not provided in the picture above, but the height of the counter was acceptable.

A transaction counter at a retail store, or a beverage counter at a restaurant or a counter at an eating establishment or bar, can be placed at 36" maximum above the finished floor.

Counters located at employee work areas are not required to adhere to the guidelines. These are exempted except for the ability to approach the work area, enter it, turn around and exit. The elements within the work area are not required to comply.

It's sometimes difficult to be cognisant of all the nuances of the Guidelines, but when designing, it is important to note, that not all requirements are created equal and it does depend on how the elements are used on whether or not they have dfferent rules and standards.

20th Anniversary Celebration of the ADA in Dallas, Texas

2010-07-05T15:12:00.000-07:00

ADA Awareness Day

Celebrating the 20th Anniversary of the Americans with Disabilities Act

Local architects, disability advocates and City officials are collaborating to celebrate the 20^th anniversary of the Americans with Disabilities Act (ADA) civil rights law.

The Act was signed into law by George Bush on July 26, 1990. July 26. 2010 has been proclaimed by Mayor Tom Leppert as ADA Awareness day in the City of Dallas and ADA Celebration Day by Mayor Phil Dyer in the City of Plano .

Sponsored by

HERO FRIEND

IN-KIND ORGANIZERS

Proclamation Announcement with Kent Waldrep Keynote speaker

10:00 Dallas City Hall

Kent Waldrep will honor us with his participation as our Kick-off speaker to the ADA Awareness Day in Dallas. He will speak at the Dallas City Hall at 10:00 a.m. on July 26^th 2010. His inspiring journey will give us an idea of how the ADA has benefited our country and the disabled community.

DARS will also be present to discuss what services they provide to the disabled community.

This event is open to the public.

For more information contact Marcela Abadi Rhoads at 214-403-8714 or marhoads@abadiaccess.com

Tour of The Dallas Lighthouse for the Blind

12:00 at 4306 Capitol Avenue, Dallas, 75204

Founded in 1931, the Dallas Lighthouse for the Blind, a George Dahl architect designed historic building, focuses on improving and enhancing the lives and opportunities of the visually impaired in North Texas. Their guiding principle is the belief that with knowledge, training and motivation, people who are visually impaired can succeed and thrive in any workplace, live productive and meaningful lives, and be important contributors to their communities.

By providing jobs, job training and offering community services, the Lighthouse strives to empower and encourage its clients toward living independently.

The Lighthouse's Industrial and Sewing Centers, where more than 150 people are employed, and the Technology Lab, which offers adaptive business skills training to provide enhanced upward mobility opportunities for employment in a variety of office environments, will be in full operation for this 30-minute guided tour. Find out how the Lighthouse is making a real difference in our community and how you can help. This tour is open to the general public, and reservations are not required, but a response to ensure your space on the tour would be appreciated.

For additional information, call Jo Baker at 214-821-2375, ext. 116.

Texas Discovery Gardens: A Case Study

6:00 p.m. At the Texas Discovery Gardens in Fair Park

Texas Discovery Gardens, a butterfly exhibit at Fair Park, was renovated by Oglesby Greene Architects. The original building is historic from the 1936 Centennial Exposition, as the House of Horticulture. What is now the Butterfly House was originally a conservatory. An addition was completed in 1971. The historic building was not originally accessible and with the remodel it was updated to meet the State and Federal requirements in a very sensitive and effective way. The tour will begin at 6:00 p.m. and will be led by the project architect and accessibility inspector.

This tour will be $10 for AIA and TRASA member and $20 for non-members and it is worth one hour of barrier free HSW CEU. RSVP to the AIA since there is a limited number of spots.

Please RSVP to the AIA at 214.742.3242 or info@aiadallas.org

City of Plano Council Meeting and Proclamation Announcement

7:00 p.m. at the City of Plano Council Chamber

City of Plano joins communities across the country in recognizing the 20^th anniversary of the signing of the Americans with Disabilities Act into legislation. The City is proclaiming July 26 as an annual ADA Celebration Day in the City of Plano. The Honorable Mayor Phil Dyer will present the proclamation during the regular city council meeting on Monday, July 26. Kent Waldrep will be a distinguished guest partaking in the proclamation event.

Plano Proclamation Presentation
Monday, July 26, 7 p.m.
Plano Municipal Center,
1520 K Avenue
Plano, Texas 75023

Sponsorship opportunities still available.

Our hope is to explore the effect of the act on the built environment as well as those whose lives have been enhanced by improved access to jobs, education, recreation, services and goods previously denied them by physical barriers or discrimination.

This is a day for awareness and for celebration of the elimination of architectural and cultural barriers in our society

The Census published their findings about Disabilities

2010-07-04T15:41:00.000-07:00

The U.S. Census has published finding about our disabled community on their website.
Here is what they published:

Unless otherwise indicated, all the data are from the Americans with Disabilities: 2005 report at http://www.census.gov/prod/2008pubs/p70-117.pdf.

Population Distribution

54 million

Number of people who have a disability. They represent 19 percent of the civilian noninstitutionalized population.

By age —

•5 percent of children 5 to 17 have disabilities.

•10 percent of people 18 to 64 have disabilities.

•38 percent of adults 65 and older have disabilities.

Source: 2008 American Community Survey http://factfinder.census.gov/

12.4%

Percentage of females with a disability, compared with 11.7 percent of males.

Source: 2008 American Community Survey http://factfinder.census.gov/

Using or Needing Assistance

11 million

Number of disabled people 6 and older who need personal assistance with everyday activities. These activities include such tasks as getting around inside the home, taking a bath or shower, preparing meals and performing light housework.

3.3 million

Number of people 15 and older who use a wheelchair. Another 10 million use a walking aid, such as a cane, crutches or walker.

Specific Disabilities

1.8 million

Number of people 15 and older who report being unable to see printed words.

1 million

Number of people 15 and older who reported being unable to hear conversations.

2.5 million

Number of people 15 and older who have difficulty having their speech understood. Of this number, 431,000 were unable to have their speech understood.

16.1 million

Number of people with limitations in cognitive functioning or who have a mental or emotional illness that interferes with daily activities, including those with Alzheimer's disease and mental retardation. This group comprises 7 percent of the population 15 and older. This included 8 million with one or more problems that interfere with daily activities, such as frequently being depressed or anxious, trouble getting along with others, trouble concentrating and trouble coping with stress.

On the Job

13.3 million

Number of 16- to 64-year-olds who reported difficulty finding a job or remaining employed because of a health condition.

46%

Percentage of people 21 to 64 having some type of disability who were employed. The employment rate ranged from 75 percent of those with a nonsevere disability to 31 percent with a severe disability. For those without a disability, the employment rate is 84 percent for the same period.

59%

Percent of people 21 to 64 with difficulty hearing that were employed. The corresponding percentage for those with difficulty seeing was 41 percent.

48%

Percentage of people 21 to 64 with a nonsevere disability who work full time. This compares with 63 percent without a disability and 16 percent with a severe disability.

6%

Percentage of disabled workers 16 and older who used public transportation to commute to work. In addition, 69 percent of people with a disability drove alone, 13 percent carpooled, 4 percent walked and 3 percent used a taxicab, motorcycle, bicycle or other means.

Source: 2008 American Community Survey http://factfinder.census.gov/

21%

Percentage of disabled workers 16 and older who worked in the educational services and health care and social assistance industries.

Source: 2008 American Community Survey http://factfinder.census.gov/

Income and Poverty

$2,250

Median monthly earnings for people 21 to 64 with a nonsevere disability. This compares with $2,539 for those with no disability and $1,458 for those with a severe disability.

$2,252

Median monthly earnings for people 21 to 64 with difficulty hearing. The corresponding figure for those with difficulty seeing was $1,932.

12%

The poverty rate for people 25 to 64 with a nonsevere disability. This compares with 27 percent for those with a severe disability and 9 percent of those without a disability.

Serving Our Nation

$36.3 billion

Amount of compensation veterans received for service-connected disabilities in fiscal year 2008.

Source: Statistical Abstract of the United States: 2010, Table 511 http://www.census.gov/compendia/statab/

Accommodations

98%

Percent of transit buses that were lift- or ramp-equipped, as of 2007. This represents an increase from 62 percent in 1995.

Source: Statistical Abstract of the United States: 2010, Table 1079 http://www.census.gov/compendia/statab/

Education

28%

Percentage of people 25 and older with a disability who had less than a high school graduate education. This compares with 12 percent for those with no disability.

Source: 2008 American Community Survey http://factfinder.census.gov/

13%

Percentage of people 25 and older with a disability who had a bachelor's degree or higher. This compares with 31 percent for those with no disability.

Source: 2008 American Community Survey http://factfinder.census.gov/

Expand your sphere of influence with the disabled community

2010-06-29T07:59:00.000-07:00

We are looking for Sponsors for the 20th Anniversary celebration of the Americans with Disabilities Act in Dallas Texas. Join this great day!

Thank you to our sponsors so far:
AIA Dallas, TRASA, RTP Codes Consultants, Fast Signs, Abadi Accessibility

ADA Awareness Day

Celebrating the 20th Anniversary signing of the

Americans with Disabilities Act Civil Rights Law

On the 26th of July 2010

Sponsorship Opportunities

The Dallas Chapter of the American Institute of Architects and the Texas Registered
Accessibility Specialists Association are coordinating a day of programs to enhance accessibility
awareness of the momentous civil rights law for the disabled community. The federal
government’s civil rights law was instigated in an effort to eliminate the architectural and cultural
barriers that exist for the disabled citizens of the United States of America.
Please consider being a financial contributor for this very special day in the history of America
by becoming a sponsor. All proceeds will be donated to accessibility Ramp projects on the
campus of The University of Texas at Arlington. The categories of sponsorship opportunities are as follows:

Hero: $1,000

AIA Affiliate membership which gives you the opportunity to do three lunch and learns to our
members and other benefits. Mention in all published literature, and email campaigns with your
logo and links to your website ,free admission to the Texas Discovery Gardens event, free July
issue of Columns magazine and verbal mention in all the events of the day.

Supporter: $500

Mention in all published literature, and email campaigns with your logo and links to your
website, free admission to the Texas Discovery Gardens event, free July issue of Columns
magazine, andverbal mention in all the events of the day.
Advocate: $350

Mention in all published literature, and email campaigns with your logo, free July issue of
Columns magazine and verbal mention in all the events of the day.

Friend: $150
Logos in all printed material, free July issue of Columns magazine, Verbal mention in all the
events of the day

For more information or to donate contact Marcela Abadi Rhoads, AIA RAS at
marhoads@abadiaccess.com or 214-403-8714

What guidelines do I follow?

2010-06-21T07:22:00.000-07:00

One of my clients asked me yesterday why isn't there just one accessibility standard rather than having so many to follow....If I knew the answer to that I could probably cause Peace on earth....

But alas, since there are so many all I can do is help you to figure out which standard to use when.

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)

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 dwellling 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

ADA Awareness Day in Dallas, Texas

2010-06-20T22:55:00.000-07:00

ADA Awareness Day

Celebrating the 20th Anniversary of the Americans with Disabilities Act

Local architects, disability advocates and City officials are collaborating to celebrate the 20^th anniversary of the Americans with Disabilities Act (ADA) civil rights law.

Sponsored by

HERO FRIEND

IN-KIND ORGANIZERS

Proclamation Announcement with Kent Waldrep Keynote speaker

10:00 Dallas City Hall

DARS will also be present to discuss what services they provide to the disabled community.

This event is open to the public.

For more information contact Marcela Abadi Rhoads at 214-403-8714 or marhoads@abadiaccess.com

Tour of The Dallas Lighthouse for the Blind

12:00 at 4306 Capitol Avenue, Dallas, 75204

By providing jobs, job training and offering community services, the Lighthouse strives to empower and encourage its clients toward living independently.

For additional information, call Jo Baker at 214-821-2375, ext. 116.

Texas Discovery Gardens: A Case Study

6:00 p.m. At the Texas Discovery Gardens in Fair Park

This tour will be $10 for AIA and TRASA member and $20 for non-members and it is worth one hour of barrier free HSW CEU. RSVP to the AIA since there is a limited number of spots.

Please RSVP to the AIA at 214.742.3242 or info@aiadallas.org

City of Plano Council Meeting and Proclamation Announcement

7:00 p.m. at the City of Plano Council Chamber

Plano Proclamation Presentation
Monday, July 26, 7 p.m.
Plano Municipal Center,
1520 K Avenue
Plano, Texas 75023

Sponsorship opportunities still available.

This is a day for awareness and for celebration of the elimination of architectural and cultural barriers in our society

Isn’t the variance application just a piece of paper?

2010-06-08T22:58:00.000-07:00

Architectural projects will never be perfect. And sometimes we might have to see how we can be creative in solving issues and still maintain the rules in order to make things work. My good friend Wally Tirado, RAS is a genius when it comes to asking the agency in Texas (TDLR) permission to have certain conditions that may not be able to adhere with the rules, to be able to remain as they are until such time when it can be fixed. These are called Variance in the State of Texas. I invited him to be a guest blogger on Abadi Accessibility News and give us his trade secrets on how to get a variance passed in Texas. Hope you enjoy

Isn’t the variance application just a piece of paper? I don’t know let’s find out. Probably one of most common question, I get asked as a Registered Accessibility Specialist is whether this or that qualifies for a variance. Any other question asked of me I will almost always invariably answer “it depends”. However, when it comes to variances, my answer almost always is, “I don’t think so.”

Before you stop reading here and move on, please understand most variances fail because the applicant fails to understand the technical and procedural requirements of how you can qualify for a variance, not because it doesn’t qualify. I have offered seminars on variances so I’ll try to be brief and stick to the basics. Let me make some thing clear first however. As a RAS, as stated in our specific rules of conduct (yes we have them), I am not to, “state or imply the department will approve a variance.” I won’t pretend to either, that’s TDLR’s job.

Let’s start with technical aspects of variances with a couple of important definitions structurally impractical and technically infeasible. Structurally impractical defines whereas in new construction some feature would prevent compliance. Technically infeasible would apply to where some existing condition would prevent compliance. Construction defects, in all likelihood will not qualify for a variance. The condition was created, so would the department waive them?

When you are applying for variance you need to prove that either impracticality or infeasibility exists. Cost is generally not a factor unless it is disproportionate to overall cost of the project. The Department of Justice has defined “disproportionate” as costing more than 20% of overall cost of the project.

Now, on to the procedural aspects of filing a variance. The variance application is not just a cover letter for your resume, it IS your resume. Most variances will fail simply because the form isn’t filled out correctly. Furthermore, don’t assume that the person reviewing the application understands your project or willing to take the time to. Provide as much documentation as it takes to prove your case. Don’t limit yourself to that ¾” wide box to state your intentions. Provide plans, specifications, cut sheets even photographs; anything to help describe the condition.

If you don’t understand the variance process, get help. Ask a RAS or call TDLR, they’ll tell you over the phone where your condition would be a good candidate. Also remember TDLR is a government agency as such, they run on pushing paper, so make sure yours is right. In the beginning of this post I asked, “Isn’t the variance application just a piece of paper?” Well isn’t money a piece of paper too?

Wally Tirado is a RAS with EAB Services, LLC. He can be reached at wally@eabservices.com

Accessibility signage

2010-06-04T08:46:00.000-07:00

You would think that something as simple as building signage would be SIMPLE....not so much when it comes to accessibility. Signage requirements address people that are visually impaired (either completely blind, or low vision).

They also provide information to the mobility impaired patrons who need to know where their accommodations are found. Signs are not required to be provided, but if they are provided then they have to meet certain requirements and specs. The requirements are found in section 4.30 of the ADAAG

Building Signage

The ADA and TAS tells us that "signs which designate permanent rooms and spaces" need to comply. The definition of "permanent" is never given, so it is up to the building owner and designer to determine what is permanent.

Common sense tells us that if the room has permanent fixtures (i.e. plumbing) that will probably not ever be moved from that room, then the room will be permanently used for its original intended function.

But an office where Mr. John Doe works could be a different function when Mr. John Doe retires and therefore it is not permanent.

If the signage is deemed to be permanent then it must meet the following requirements:

1) Raised Characters and Braille:

Letters and numerals shall be raised 1/32 in, upper case, SANS SERIF or SIMPLE SERIF type

Shall be accompanied with Grade 2 Braille. (California Braille is significantly different from ADA Braille. California "Contracted Grade 2 Braille" shall be used whenever Braille symbols are specifically required. (See C.B.C. Section 1117B.5.6)

Raised characters shall be at least 5/8 in (16 mm) high, but no higher than 2 in (50 mm).

Pictograms (if provided) shall be accompanied by the equivalent verbal description placed directly below the pictogram. Pictograms are figures that depict what the words are stating.

The border dimension of the pictogram shall be 6 in (152 mm) minimum in height. (This doesn't mean that the pictogram has to be 6" high, but everything must fit on a minimum 6" border)

2) Finish and Contrast. The characters and background of signs shall be eggshell, matte, or other non-glare finish.

Characters and symbols shall contrast with their background --either light characters on a dark background or dark characters on a light background.

3) Mounting Location and Height. The signage shall be located adjacent to the latch side of the door. Blind people are trained to find the door handle and then look to the wall next to it for signage.

Where there is no wall space to the latch side of the door, including at double leaf doors, signs shall be placed on the nearest adjacent wall.

Mounting height shall be 60 in (1525 mm) above the finish floor to the centerline of the sign. Mounting location for such signage shall be so that a person may approach within 3 in (76 mm) of signage without encountering protruding objects or standing within the swing of a door

Directional and Informational Signs

There are other types of signage, such as signs that provide directions to or information about "functional" spaces of the building also have to comply with parts of the guidelines.

An example of a directional signage would be when not all entrances are accessible, then a directional sign with the accessibility symbol will be required to let the patrons know where to find the accessible entrance. The signage should be placed in a location that does not required a person to retrace the approach route from the inaccessible entrance.

Other places would be at non-accessible restrooms directing to the accessible restroom and non-accessible telephones directing to the accessible telephone (and these must have the accessibility symbol on them)

An example of information signage is at Assembly areas is to inform patrons of the availability of accessible seating and of assisted listening devices that are provided. These signs would be placed at the ticket counter.

These signs must have the proper character proportion, Letters and numbers on signs shall have a width-to-height ratio between 3:5 and 1:1 and a stroke-width-to-height ratio between 1:5 and 1:10 using an upper-case "X" for measurement. Lower case letters are permitted.Overhead signs shall have a minimum 3" height for its characters

They do not have the same requirements as the building signage, but they should have the proper proportion and finish and contrast.

Building directories, menus, and all other signs which are temporary are not required to comply because they are not typically permanent.

Inspector's Corner

I see this very often during inspections. The signage is placed on the door. Sometimes it is because it appears to not be any room at the wall adjacent the strike. Other times they just place it there because they don't want to mount it to the wall.

The reason why it is not acceptable is that a person who is visually impaired is taught to find the door handle and then look for a sign at the wall adjacent. If the sign is not there, they will not look for it at the door.

Also, placing the sign at the door pauses a potential hazard. A person would be reading the sign and the door could swing open.

The 2010 AIA/HUD Secretary award for housing accessibility!

2010-05-21T05:57:00.000-07:00

I just read that the AIA and HUD has awarded the Madrona Work/Live project by Tyler Engle Architects the 2010 AIA/HUD Secretary Alan J. Rothman Award for Housing Accessility

Here is what the website article reads:

A storefront from the early 1900’s has been converted into a live / work space for a couple with an extensive art collection. Creating the modern equivalent of the traditional courtyard house, the new design is centered on a large skylight over the living and dining room. Inspired by a shipping container, a wood-clad service core houses the kitchen and powder room. A flexible and multi-functional space is facilitated by large pocket doors, steel plate blinders that hide the kitchen and concealed equipment that pivots out for use.

Like the client whose personality makes the obviousness of his disability disappear, so was the intent to make the design of this project the primary focus rather than the requirements of accessibility. Entering from the sidewalk, the main living space has a single level polished concrete slab for unrestricted wheelchair access. However, the office is raised up four steps to be flush with the sidewalk at the rear of the site to satisfy the client’s desire to “commute to work” around the perimeter of the building. A floating concrete countertop that steps from low to high accommodates disparate height requirements of the clients and exemplifies how the design provides an elegant solution on a tight construction budget.

Some of the Jury comments were:

This project transcends our preconceptions about accessible design and illustrates how Universal Design can be embodied in a design solution that is attractive and usable to a wide audience.

While small scale, this project evidences how accessibility and high quality design can go hand in hand.
(one of the jurors was an old professor of mine at UT Austin- Natalye Appel!)

On a personal note, I am proud that the AIA is recognizing projects for their outstanding accessibility!

The Lighthouse for the Blind

2010-05-13T16:15:00.000-07:00

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.

Visually impairement is addressed in the ADA in several chapters and sections as well. From requiring Braille at signs, shallow protrusions from the wall, no hazards along the circulation path, detectable warnings at ramps and other vehicular hazard areas just to name a few. Visually impaired people are taught several ways to manuever around their envioronemnt with their disability. Our society has come such a long way in this arena.

There are approximately 42,000 blind or visually impaired individuals living in the North Texas region according to the most recent U.S. Census data. More than 50% of those individuals are seeking gainful employment and a chance to live a productive and independent life. In Dallas, Texas, the Lighthouse for the Blind was established in 1931 (several years before the ADA got passed). They have been providing opportunities and assistance to visually impaired individuals for more than 75 years. they enhance the lives and opportunities of their clients through job training, employment, and a multitude of community services. The visually impaired clients they work with lead successful lives in their workplace, at home, and in their community. Their guiding principle is the belief that with knowledge, training and motivation, people who are visually impaired can succeed and thrive in any workplace, live productive and meaningful lives, and be important contributors to their communities

An architectural note: The building was designed by prominent architect Goeoge Dahl in 1968. It is a one-story building that is primarily factory uses but quite interesting – the exterior walls are white articulated precast panels; this was an early use of precast and was nicely done. The portion of the building that faces Capital Ave also contains a clerestory, providing an abundance of natural light into the working area. The interesting and thoughtful stair/ramp out front (facing Capital Street) was added later (1987) by Dahl Braden PTM. credit: Marcel Quimby, FAIA

They invite everyone to their Free open house so you can see this great building and appreciate their program.

The ADA from a Lawyer's perspective

2010-05-10T09:16:00.000-07:00

I purchased a book two weeks ago, called Understanding the Americans with Disabilities Act, 3rd Edition by Willam D. Goren (published by the American Bar Association). I was expecting it to be about Title III (design and constuction of commercial facilities and places of public accommodations). But as it turned out it was about the Civil Rights law of the ADA written by a lawyer who is deaf but with hearing aids and lip reading functions entirely in the hearing world. How interesting. He cites cases and examples on how law suits come about in the ADA arena. I was so impressed that I asked him to be a guest blogger for Abadi Accessibility News. here is what he had to say:

Title III of the Americans with Disabilities Act applies to "places of public accommodations." A place of public accommodation can be any of 12 different categories including:

1) places of lodging;
2) establishments serving food and drink;
3) places of exhibition and entertainment;
4) places of public gathering, such as a Museum or library;

5) sales or rental establishments;
6) service establishments;
7) specified public transportation, such as terminals and depots;
8) public display or collection;
9) places of recreation (parks, etc.);

10) places of education;
11) social service center; and
12) places of exercise or recreation (athletic in nature) (42 U.S.C.A. § 12181(7)).

The list is not meant to be exclusive the rather sets forth the examples. What is interesting about title III of the Americans with Disabilities Act is that the only remedies available are injunctive relief, attorneys fees, and the court, in its discretion, can impose civil penalties.(42 U.S.C.A. § 12188; 28 C.F.R. § 36.504).

Nevertheless, there has been substantial litigation with title III of the ADA over the years. A hot issue today is whether a business that has an Internet site must have its Internet site accessible to persons with disabilities. I wrote an article in the DuPage County Bar Journal, The Brief, about it and here is the link In short, if you do have a website, you would do well to make sure that it is accessible to people with disabilities (people who use voice dictation technology, screen readers, etc.) when you investigate that, you will find that ensuring that it is accessible to people with disabilities is not going to be nearly as expensive or as hard to accomplish as you think.

William D. Goren, J. D. LL.M., is currently an Instructor and the Paralegal Program Coordinator at South Suburban College in South Holland, Illinois with a campus in Oak Forest as well, where he teaches business law, evidence, legal research and writing, and the Americans with Disabilities Act. He is also the author of the book, Understanding the Americans With Disabilities Act, now in its Third Edition, from the American Bar Association In addition to his books, he is a frequent presenter and also the author of numerous articles, most but not all of which pertain to the rights of persons with disabilities. His latest articles have appeared in the DuPage County Bar Journal (The Brief), and the Illinois State Bar Association publication, Diversity Matters. When he is not teaching, he consults (www.williamgoren.com ), including but not limited to providing expert witness services and educational programming on the Americans with Disabilities Act of 1990 as amended and the Rehabilitation Act of 1973. Mr. Goren is a licensed attorney in both Illinois and Texas. He received his B.A. from Vassar College, his J.D. from the University of San Diego, and his LL.M. in Health Law from Depaul University.

Accessible Parking Webinar

2010-05-06T13:59:00.000-07:00

The ADA Conference Center gave a class on new accessible parking guidelines. It was very well done. Here is the seminar in a .pdf

If you want to attend the next one check out this link

Accessibility in a Retail Clothing Store

2010-05-04T23:16:00.000-07:00

Commercial facilities are places where commerce takes place, such as retail stores. They are one of the two types of projects that are mentioned in Title III of the Americans with Disabilities Act as having to comply with the Design Guidelines. In the Guidelines, there isn't one chapter which talks directly about commercial facilities, or retail spaces. You have to piece it together from various sections. This newsletter will discuss a clothing store to show which sections it must adhere to.

Clothes Rods

In storage closets that are used by the public and are not part of a work are, clothes rods are required to be provided within a reach range as shown in Figure 38 below.

But in a clothing store that has clothes rods throughout, this requirement does not apply...

4.1.3(12)(b) Shelves or display units allowing self-service by customers in mercantile occupancies shall be located on an accessible route complying with 4.3. Requirements for accessible reach range do not apply.

Dressing Rooms

Dressing rooms in the ADAAG are covered in section 4.35. Dressing rooms in retail stores are not only the place where dressing rooms are found, but here is the summary of the requirements of an accessible dressing room in a retail store per ADA 4.35.

1. An accessible dressing room with a sliding or swing door requires a 180 degree turning circle inside.

2. A dressing room requires a fixed bench.

3. The door cannot swing into the clear floor space of the dressing room.

4. And if a mirror is provided, then a full length mirror needs to be provided as well.

The dressing room shown in the picture, does not meet any of the requirements. The door swings in, there is no 180 degree turning space and no fixed bench. But if they changed the door to a curtain, then the requirement for turning does not apply.

"...Turning space shall not be required in a private dressing room entered through a curtained opening at least 32 in (815mm) wide if clear floor space complying with section 4.2 renders the dressing room usable by a person using a wheelchair."

All the other provisions (i.e. bench, mirrors, etc.) are still required even if you don't have a door.

Check out counters/registers

Section 7 Business and Mercantile discusses sales counters. Department stores and retail stores have requirements for their counters that have a cash register used for sales. At least one of each type of counter shall have a counter 36" long, at 36" high a.f.f. Depth is not specified, but in Texas they recommend 12" minimum. These should be dispersed and be on an accessible route.

There are some instances when an "equivalent Facilitation" may be allowed if it proves to be an equal or better accessible solution. Some examples would be folding check writing counters, or sliding counters which allow for the main counter to be higher and the accessible surface temporily put away until required.

Accessible parking in a campus or shopping center

2010-04-29T07:18:00.000-07:00

The ADAAG requires a minimum number of parking spaces per Table 2.

The ADAAG also requires that one of every 8 spaces be van accessible (with wider accesss aisle)

When designing a new campus of buildings or a parking garage, especially when they are only shell buildings, the question of how to disperse the accessible parking spaces can be daunting. You have to keep in mind what is the intent of the Standards.

4.1.1(b) Explains that you need to consider the following factors when making your decisions:

a) population being served

b) availability to user

c) location relative to distance and time

d) location relative to isolation and separation

e)function of the building or facility

f) equal treatment and opportunity

So this means that if you know more or less where your front doors will be located, then we need to try to locate the parking spaces in a logical place on the site close to the front doors, and in the same path of travel as the rest of the population. This may be just our best guesses sometimes.

Remember that the minimum number of accessible spaces is determined by the number of spaces in your parking lot, not your occupant load. Therefore it is also important to know where your parking lots are in relation to your buildings. If there is a parking lot along the perimeter of the site, but it is not close to a building, then the likelihood of needing an accessible space there is not very great.

On the other hand, if you have a parking lot close to your building, then count the spaces of that lot, and locate your accessible spaces so they are the shortest distance possible. Sometimes you might have to have more than the minimum in order to achieve the intended result of getting the spaces as close as possible to the entrances. Keep in mind that the users are not able to travel very far using their wheel chair.

If you want more information, the Access Board will have a FREE Webinar on May 6th, 2010 about Parking and Passenger Loading Zones

More about accessible dressing rooms

2010-04-26T06:15:00.000-07:00

I performed an inspection of a day spa where a dressing room was provided. The dressing room was not accessible . Here is a summary of the requirements of an accessible dressing room per ADA 4.35

1. An accessible dressing room with a sliding or swing door requires a 180 degree turning circle
2. A dressing room requires a fixed bench (and I spoke about the layout of the bench on an earlier post)
3. The door cannot swing into the clear floor space of the dressing room

The dressing room in question
1. Had a door that swung into the clear floor space.
2. The bench was not fixed
3. and mainly, the room was 48"x56" wide (not large enough for a 180 degree turning)

The client wondered how they could fix this without much expense...in this case, they were able to remove the door which, per ADA 4.35.2, states

"...Turning space shall not be required in a private dressing room entered through a curtained opening at least 32 in (815 mm) wide if clear floor space complying with section 4.2 renders the dressing room usable by a person using a wheelchair."

So by removing the door and adding curtains the turning space issue will be resolved.
Remember that a dressing room is found any place that a space is designated for dressing and undressing. It can be found in an exam room of a doctor's office, a restroom in gym or a treatment room in a spa/massage facility. It may not be a traditional separate room, and if that is the case, the requirements of an accessible dressing room would still apply.

Disability Faux Pas

2010-04-20T05:59:00.000-07:00

On my last Blog post about removing barriers from your home, my friend Wally Dutcher pointed out that I had made some disability blunders. My description of my client refered to her as "wheelchair bound". Wally uses a wheelchair and reminded me that he is not "bound" to his wheelchair, he "uses" his wheel chair. If he were bound he would have to be untied before he went to bed. So simple, and yet so commonly forgotten.
He sent me this website and I thought it was such good information on how best to speak with and speak about people with disabilities.

I generally do not interact with the patrons who are disabled that will be using the facilities that I review and inspect or sometimes the one's that I design. I am most of the time assisting the general contractor, architect or building owner. And most of the time the same people that I interact with are the same who make the same mistakes as I do. So it's a vicious cycle of unintended mis-statements. In an effort to be more sensitive to our friends who are disabled, here is an interesting table that I found on one of the websites that Wally sent.

Removing the barriers from your home…..

2010-04-17T21:22:00.000-07:00

A client called me to help her renovate her house because her mother was coming to live with her. Her mother suffers from Multiple Sclorosis and uses a wheel chair. The challenge was how to upgrade her entire house to make it possible for her independent mother to move around without her daughter’s help, and also not break the family’s budget. We decided to use the seven principals of Universal Design to assist.

The first thing we had to do was figure out a way to get her into the house. She lived in a slightly sloped site which had two steps up to the doorway and the main floor was 6” above the porch. We had to create ramp and also keep water from draining into the house since the porch and the main floor would be on the same level. Since steps already existed, and they had a large front yard, we were able to create a nice ramp out of stained concrete that worked with their landscape.

Once we were in the house there were two other barriers to remove: the kitchen and her bathroom. The bathroom was not that difficult. There was enough room for her to move around (typically 5’ turning diameter of area on the floor), but we had to enlarge the door to 36” for her mother to wheel herself in. We added grab bars and a seat at the bathtub. We also had to provide some grab bars at the toilet. And we had to change the faucet and sink with one she could readily reach and wheel herself under. We had some manufacturers, like Great Grabz that we recommended that would not be too expensive, yet make their bathroom a nice space.

Photo Courtesy of Great Grabz Inc.

(this photo shows a rug in front of the toilet, which would not be a good universal design or accessible accessory for the bathroom because a wheelchair could not easily manuever through it)

In the kitchen, where we had the most challenges, we decided to spend a bit more money. We could have left all the cabinets in place and just replaced the sink area where her mother could wheel herself under it. But that would only solve half of the problem. She would still need help reaching items above her reach range. What we did was a part of the kitchen cabinets were replaced with a brand new type of system called “adjustable cabinets”. With a push of a button, the entire upper cabinets were lowered for ease of reach, and then would go back up to their original position. The sink was also changed as we did in the bathroom. The appliances were left as is, but we might go back and replace them with easier to use and easier to reach products. At the end of our transformation, both the client and her mother were happy with the result.

Credit: Accessible Design & Consulting,

There are around 30 million of Americans that are restricted by a wheel chairs or walkers. This causes challenges for them to move around in their own home. The number of people with disabilities is expected to grow to 50 million by the year 2020. Removing architectural barriers is one way to make it possible for people to feel a sense of independence and comfort while still living with their physical impediments. Removing architectural barriers is a team effort, from the client, the architect, and the manufacturers that make the products. This team has a long road ahead to remove all architectural barriers from our buildings, but we are definitely way on our way.

"Ten Tips for Accessiblity" list was translated to "Californian"

2010-04-15T07:05:00.000-07:00

I found this on the Building Code Discussion Group of NAFFA International Inc website. It was "translated" by ADA_Guy

see below for inclusion of some California appropriate considerations.

10 Accessibility Considerations When Beginning a Project

1. CODE RESEARCH

Before you begin your design, make sure you are aware which code you are required to follow based on the City/state you are designing in. (for example, some Municipalities require ( ANSI vs. ADA vs. CBC) .

2. HAVE A CHECKLIST

It is smart to have a checklist so you don't forget some part of the puzzle. The ADA and DSA have checklists that you can follow for assessments, scoping and design process.

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 must be 18” away from the finished wall, ceramic tile is sometimes 3/8” thick which can throw off the required clearances.

5. CHECK DOOR SWINGS

Remember that in a 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. And the door swing can overlap the required turning space.

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. In reality, common use spaces that are also accessed by employees must comply.

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 is exempted. For example sinks that are in work areas (per ADA 4.1.3) are not required to have knee clearances for wheel chairs. Though Break Rooms are not considered work areas, they are common use areas therefore do require the knee clearance. Sinks and Lavatories have different requirements for knee clearances. Be aware that the knee clearance below sinks is 27” and below lavatories is 29” below their respective aprons.

9. WATCH OUT FOR HAZARDS

In California, CBC prefers that disabled persons not have to wheel behind their 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 parking, 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

Note: CBC has a 20% rule, which allows an exception for disproportionate cost if the amount of money required to fix the non-compliance items exceeds the total cost of the project by 20%, up to a threshold value based on ENR US20 Cities Average Construction Cost Index.

Ten Tips for Accessibility Design

2010-04-13T19:12:00.000-07:00

Below are ten tips that I've given to my clients to assist them in desiging for accessibility.

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.

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 must be 18” away from the finished wall, ceramic tile is sometimes 3/8” thick which can throw off the required clearances.

5. CHECK DOOR SWINGS
Remember that in a 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. And the door swing can overlap the required turning space. There is an exception given in Texas and in ANSI for single user restrooms. Click here for the Technical Memo

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. In reality, comon use spaces that are also accessed by employees must comply.

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 (per ADA 4.1.3) are not required to have knee clearances for wheel chairs. Break Rooms are not considered work areas, therefore do require the knee clearance. Sinks and Lavatories have different requirements for knee clearances. Be aware that the knee clearance below sinks is 27” and below lavatories is 29” below their respective aprons.

Break rooms are not considered work areas (that is where you take a "break" from work, therefore do require the knee clearance.

9. WATCH OUT FOR HAZARDS
In Texas, TAS does not allow any person to 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 parking, 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

Note: ADA has a 20% rule, which allows a deference of compliance if the amount of money required to fix the non-compliance items exceeds the total cost of the project by 20%.

Texas approved Barrier Free CEU courses for architects and interior designers

2010-04-11T09:13:00.000-07:00

I have been asked by several people where they can get the Texas required Barrier Free CEUs for their architectural and interior design license. Below are a few courses I am giving in Dallas Texas

April 21
"Understanding the New ADAAG"
AIA Procrastinator's day at 2:00 p.m.

April 27
"A Practical Look at the Accessibility Standards"
AIA Dallas Lunch and Learn

May 4th
"Understanding the New ADAAG"
Texas Association for Interior Designers at 2:00 p.m.

August 13th
"Understanding the New ADAAG"
METROCON10

I am also writing two courses for Wiley and Sons based on my new book "The ADA Companion Guide: Understanding the ADA and ABA".
I will be posting this course as soon as it comes online.

Curious about the upcoming changes to the ADAAG?

2010-04-01T10:12:00.000-07:00

The Department of Justice informed TRASA (Texas Registered Accessibility Specialist Association) in February that the 2004 ADAAG is expected to be signed into law by the end of 2010. I know, I know...we've been hearing this since 2004, but hopefully it will happen this year. This newsletter will give you some examples of what to expect.

Is dwarfism a disability?

2010-03-27T23:07:00.000-07:00

Most of us think of the Americans with Disabilities Act only for disabled people, such as wheel chair users, blind people and the deaf. But what about the millions of people that are shorter than 4'-0" tall? They are called "Little People" and suffer from conditions such as dwarfism and others. Their condition prevents them from reaching things the same as others. In a hotel, especially, there are challenges for them.

Think about how we use a hotel. When we check in we have a reception counter that is typically taller than 4'-0" high.

Then once we are in our rooms, we have to hang things up in the closets, but the rods are typically higher than 54" high and it is difficult for "Little people" to use.

When designing in a Universal way, we need to keep in mind not only the mobility impaired, the visually and hearing impaired but the vertically challenged individuals who are extremely independent and would benefit from the sensitivity to give them a better quality of life. My friend Charles Stark sent me this article and I think it is worth reading to better understand this topic.

http://www.hotelworldnetwork.com/guest-services/hotels-give-little-people-big-problems

I was on Blogtalkradio.com

2010-03-24T18:52:00.000-07:00

One of the things that I find amazing is how I've been meeting the most amazing, influential people through LinkedIn, Twitter and Facebook!

As I'm hoping a lot of you know by now, I have a book coming out in April called The ADA Companion Guide: Understanding the ADAAG (Americans with Disability Act Accessibility Guidelines) and the ABA (Architectural Barriers Act), published by John Wiley and Sons. I got this book deal when I met my publisher on LinkedIn when he joined my discussion group: Abadi Accessibility News.

Then yesterday I was reading a post on LinkedIn about Twitter and met Joseph Blythe who hosts the Internet Cafe on Blogtalkradio.com. He asked me to join him this morning on his radio show and we talked about how I Tweet and how Twitter has helped my business. I guess I must have done a good job because here is what Joseph said one of his listeners said:

"Thank you Marcela some people send me e-mail about the show today, They said you were very well informed, perhaps you could write articles. And i got one e-mail from a guy who listened to the audio said you told him more in 15 minutes than the book he paid for LOL thank you and your welcome to come back on the show anytime."

Take a listen and let me know what you think

http://blogtalk.vo.llnwd.net/o23/shows/show_972808.mp3

And feel free to follow me on Twitter

http://twitter.com/Abadi_Access

What accessories and appliances should I use?

2010-03-24T11:19:00.000-07:00

If you ever wondered where to find accessories and appliances that will work with your design and also comply with the TAS requirements for sinks and electric water coolers, here are some suggested items I found in the past”

1. Disposal that fits at accessible sink area with protective skirt:

This disposal is 12” high and it will fit behind the skirt that we usually put in front of the pipes for knee space.

2. Kid’s sink that meets TAS requirements for children.

a. Children’s sinks are required to have the faucet at 18” from the edge of the counter. This sink allows you to have it. The drinking piece can be changed so you don’t need to have it.

3. Apron for water cooler in order to have a 27” cane detection

If you ever have a situation where you can’t build an alcove for the water cooler, and it will be considered a protruding object, try putting a “skirt” on the unit that will be detectable by a cane. When you add the skirt, the high unit will reach the 27” required for cane detection. This company (Haws) has a couple of options (Model No. SK2 that fits their water cooler no. HWBFA8L). There are other companies, but this one had a photo for you to see.

Abadi Accessibility does not endorse any of these products. The information provided in this email is just for education purposes. There are other companies that have similar products that will work the same way.

Opening a locker is not so easy without the use of your hands

2010-03-15T07:21:00.000-07:00

When we design schools, dressing rooms or transportation facilities that have lockers we have to think about the 5% of the lockers which have to be accessible. Not only do we have to provide room for wheel chairs, and a bench for transfering, but we also must remember to make the operating mechanism accessible. That means that we have to provide a mechanism that can be operated without tight grasping or twisting of the wrist to operate.

The following video explains this for a product (Key 1636) that provides a key large enough to act like a lever. It is very interesting!

Wounded Warrior Soldier Ride Week in Dallas, Texas

2010-03-06T22:12:00.000-08:00

On Saturday, March 27, DFW will host the Wounded Warrior Soldier Ride. In fact, March 21 – March 27 is officially Wounded Warrior Soldier Ride Week in Dallas.

The ride is registered, and not cheap: it’s $50, plus any additional donations you may be able to raise. It’s a wonderful cause, helping young disabled veterans recover an active lifestyle, and the ride is unforgettable and inspiring. PLUS--I am the ride director, and I’ve never done this before, so I am hoping some of my cycling buddies will participate!

Here is the info on the ride:

The DFW Soldier Ride starts at 10 am, Saturday, March 27 at the Dallas VA, (4500 Lancaster Rd) and winds up at the Ft Worth Police Academy.

The Wounded Warrior Project is bringing 25 disabled service vets to ride the 40 miles between Dallas and Ft Worth. Local riders are invited to join them, and form teams--it’s a registered fundraiser for the Wounded Warrior Project. Individuals can ride along, or support the ride as volunteers, donors, or come out to see the ride along the route.

Onsite registration will be available at 8:30am on the 27th;

Disabled vets ride free; volunteer marshals, etc. are WELCOME—call me!

The ride officially ends at 4pm with the mayor of Ft Worth at the Police Academy, and there are a number of cool events in downtown Ft Worth that day. Those who wish, will have a free train ride back to Dallas—bikes are fine on the train.

Thanks for passing this around--please mention the event, post it to your site, and let people know we want them!

PS—we are on facebook, too!

Thank you,

Maribeth Lipscomb
Ride Director, Dallas
214-663-2433

Officer Allen Speed
Ride Director, Ft Worth
817-944-2725

John DiCarlantonio
National Ride Director
845-987-4693
jdicarlantonio@woundedwarriorproject.org

Fire exits are not only for people who can "run" out of a burning building

2010-03-06T18:45:00.000-08:00

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.

Why argue? This sink is not accessible!!!!

2010-03-03T19:48:00.000-08:00

Sometimes in the accessibility guidelines and standards there might be figures that are vague and could be interpreted in different ways. Then there are very clear rules where there is no question what the requirments are.

Figure 31 of the ADAAG shows the clearances that are required under a lavatory or sink

There are several dimensions that let you know how much space there should be provided so that the wheelchair user can fit under the sink. Notice the 8" min horizontal dimension from the front of the sink back towards the bowl. There is no question that this 8" is a requirement.

I performed an inspection where this 8" was ommitted. The photo below is of the sink in question.

The architect had drawn the correct drawing which showed the 8" horizontal for the knees. Lucky for me, I brought the drawings with me to show the Owner. The contractor argued. He said that this was sufficient for a knee space. Of course this is not acceptable and they will have to fix it (and hopefully the Owner will not have to pay for the fix since it was the contractor's mistake).

Why argue? It is clearly not built per Fig. 31 and there is no question that the 8" was not provided. This profile will not be able to be accessed by a wheelchair. So just fix it!!!!