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

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

Ten Tips for Accessibility Design

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%.

Abadi Accessibility News January 2010

In reading the ADAAG or TAS you might miss some subtle rules. Some information is sometimes left off of the figure, or they might be buried in the middle of a paragraph. This newsletter will point out a couple of these nuances that you might miss.

http://archive.constantcontact.com/fs094/1101820732932/archive/1102920232485.html

Abadi Accessibility News December 2009

Doorways are sometimes confusing to design for accessibility. There are many possibilities, from the way you approach the door, to the direction of the door itself. This newsletter will discuss landings at doors, doors at residential situations where a disabled person lives there, and maneuvering clearances at the pull side.

http://archive.constantcontact.com/fs094/1101820732932/archive/1102857218294.html