No matter what program the general public gathers for, whether it be a sporting event, a concert, a theatrical performance, or a boat show, the Americans With Disabilities Act of 1990 (ADA) requires that it be accessible to all people, including those with physical disabilities. During the early 1990’s, a number of places of assembly were designed and constructed in violation of the ADA. Several lawsuits were filed addressing issues ranging from lines of sight over standing spectators, to integration of wheelchair seating locations throughout the facility, to the accessibility of bathrooms in luxury suites. Over the past ten years, as the aforementioned issues have been addressed by the Courts and the Department of Justice (DOJ), architects and facility owners have become educated on the accessible construction and policy requirements for places of assembly. As the revised ADAAG (Americans with Disabilities Act Accessibility Guidelines) is now finished, and numerous revisions to the federal and model access codes have evolved over the past twelve years, its time once again for advocates, designers and enforcement officials to re-visit the somewhat complex issue of how to provide access for people with disabilities at new and renovated places of assembly.

In terms of enforcement of these regulations, remember that while the ADA is a federal law governing access for people with disabilities, it is not enforced locally. The ADA is enforced by the general public via complaints filed with DOJ. Thus, when permits are issued and construction begins in cities and towns across America, the local code official is not ensuring compliance with the ADA. However, local access codes, i.e. model building codes, are enforced by the code official charged with ensuring code compliance.

What accessibility standard is applicable?
As in so many technical documents, the devil is in the details. In a planned alteration to an existing place of assembly - or new construction – it is important to consider all applicable accessibility codes, i.e. ADAAG, UFAS (Uniform Federal Accessibility Standards), the Building Code and the reference standard (such as) ANSI A117.1, as well as the revised ADA/ABA Accessibility Guidelines. In terms of applicability, the Uniform Federal Accessibility Standard (UFAS) is applicable to venues that receive federal funding; the original ADAAG is still applicable to venues that are owned/operated by municipalities as well as private owners; the revised ADA/ABA Accessibility Guidelines will soon replace the original ADAAG and will offer different requirements in key areas of the stadium and arena (e.g., public toiletrooms, wheelchair seating location information, etc.); and finally ICC ANSI A117.1, the accessibility reference standard that is adopted by jurisdictions that reference the International Building Code (IBC). The good news is that significant strides have been made to “harmonize” the 2003 version of A117.1 with the revised ADA/ABA Accessibility Guidelines.

While there are many accessibility requirements that impact places of assembly, below are some of the highlights of revisions to existing ADAAG and/or the model codes:

Wheelchair Viewing Locations – Accessible routes shall be provided to wheelchair viewing locations and all other public locations (i.e., restaurants, etc.) within the stadium. In the ICC ANSI A117.1 and new ADA/ABA Accessibility Guidelines, access to any wheelchair space shall not be through another wheelchair space. Wheelchair spaces shall not overlap circulation paths. Remember that state and federal accessibility requirements will require that wheelchair-viewing locations be dispersed when there are more than 300 seats in a place of assembly. Wheelchair spaces shall be dispersed horizontally and vertically and to spaces like suites and luxury boxes. How many wheelchair-viewing locations are required? You can find this information in the IBC via a chart that has been harmonized with the revised ADA/ABA Accessibility Guidelines.

The revised ADA/ABA Accessibility Guidelines will require that the companion seat be provided next to each required wheelchair space. Individuals seated in companion seats shall be seated in the same row and shoulder-to-shoulder with the wheelchair user seated in the adjacent space.

Removable or folding armrests or no armrests shall be provided on the aisle side of designated aisle seats. Each such seat shall be identified by a sign or marker. Aisle seats are required to be near – but not on – an accessible route.

Lines of Sight Over Heads – One of the most significant requirements of ADAAG is that wheelchair viewing locations required within a newly constructed arena or stadium are required to be afforded with a line of sight to the playing surface over spectators who might stand in front of them. From the Department of Justices original technical bulletin on this requirement in 1994, the requirement to provide spectators seated in wheelchair space locations lines of sight over the heads of standing individuals in the first row in front of the wheelchair space location have been greatly refined. Going farther than the revised ADA/ABA Accessibility Guidelines, ICC ANSI A117.1 - 2003 now defines distance from adjacent seating and riser height as part of a formula to determine lines of sight over standing spectators.

Public Toiletrooms – Where fixtures are provided in a toilet room, at least one of each type shall be accessible. More and more, venues are providing unisex or “family” toiletrooms for the convenience and privacy of fans with mobility impairments. In fact, the IBC requires that assembly areas that have an aggregate of 6 or more male and female water closets provide an additional unisex toilet room not more than one floor above or below the public toiletrooms.

Provisions for Individuals with Hearing Disabilities – Unlike the original ADAAG that triggered Assistive Listening Devices (ALD’s) in places of assembly with 50 or more fixed seats, the revised ADA/ABA Accessibility Guidelines requires an assistive listening system in each assembly area where audible communication is integral to the use of the space. The number of receivers required is now based on the number of fixed seating available and the required number of ALD’s is lower than the number required in current ADAAG. Additionally, where stadiums, arenas and grandstands provide audible public announcements, equivalent text information regarding events and facilities is required by the IBC and the revised ADA/ABA Accessibility Guidelines. Prerecorded text messages or real-time messaging are two ways to provide this equivalency.

Conclusion
When it comes to our built environment, most able-bodied individuals look at building codes and standards as a necessity to keep the public safe. These standards prevent facilities from collapsing and ensure that the bleachers we sit on can support the weight of the crowds in attendance at a soccer game. To someone with a disability, building codes and standards must also dictate access, which serves as a very important link to independence. While the ADA is the most comprehensive law ever passed to protect the civil rights of individuals with disabilities, ADAAG and the model codes discussed in this update are key factors necessary for an accessible society that accommodates individuals with disabilities. Should you have any questions about which accessibility code or regulation is applicable at a place of assembly, please don’t hesitate to contact us at 1-800-807-0190.

The United Spinal Association, a national veterans service and disability rights organization, has updated a pamphlet that provides important information for persons with disabilities on fire safety. Fire Safety For Wheelchair Users at Work and at Home was distributed to Fire Marshall’s from around the United States during their annual Prevention Advocacy Resources and Data Exchange (PARADE) conference held at the National Fire Training Academy in Emmitsburg, MD on November 6th.

In addition to discussing the brochure with the Fire Marshall’s that attended the 4 – 90 minute sessions, the latest Life Safety requirements designed to assist people with disabilities safely evacuate buildings were reviewed, including the installation requirements for visible alarms, the use of elevators and wider exit stairs as a means of accessible egress, areas of refuge and above-grade fire-rated safe areas at the exterior of a building.

“Fire Marshall’s need to understand the needs of people with disabilities when evacuating them from buildings,” Robert Drexler, Fire Marshall, Town of Greece, said. “We need to be able to work with Building Owners and Managers in our communities so that we can establish better evacuation plans for their employees with disabilities.”

Fire Safety For Wheelchair Users at Work and at Home covers in detail such topics as fire safety protocols and procedures, home evacuation for individuals with mobility impairments and steps for before a fire occurs. The U.S. Census Bureau estimates that there are more than 21.2 million people who have mobility impairments and the training offered by United Spinal is designed to provide the information needed to navigate the numerous codes and standards that govern accessibility. Certified instructors visit firms and provide help with the latest code requirements and federal and state accessibility requirements.

The Brochure targets:
• Persons who use wheelchairs or who have other mobility impairments
• Fire, Safety, and building code officials
• Emergency plan coordinators
• Building owners and managers
• Employers and supervisors
• Office fire marshals

Some Topics Covered with Training:
• Overview of State & Federal Accessibility Requirements
• Problem Application Areas such as exterior/interior accessible routes and toilet & bathing facilities
• Existing Buildings: Alterations, changes of occupancy/conversions and so on.
• Life safety issues: Areas of refuge, means of exiting elevators, and exterior areas of assisted areas to name a few

Fire Marshall’s from as far away as Anchorage, Alaska have requested additional copies of Fire Safety For Wheelchair Users at Work and at Home for distribution in their communities. The brochure can be obtained by calling the Association’s publications request line at 1-800-444-0120, or can be ordered online at www.unitedspinal.org.

Question:

Kitchens in accessible dwelling units are classified as “Galley” and “U-Shaped”, with 40 inches (1015 mm) clearance between cabinets required in the galley and 60 inches clearance required in the U-shaped kitchen.

New York City provides the following example of an accessible kitchen, with cabinets and appliances on two sides and a blank wall at one end. Isn’t this a U-shaped kitchen?

Answer:

New York City references ANSI A117.1-1986, which requires a 60 inch clearance in a U-shaped kitchen, but never says what constitutes a U-shape (the 1992 edition of the standard does the same).

The 2000 and 2003 editions of the ICC International Building Code reference ICC/ANSI A117.1-1998. That edition of the standard states:

1002.12.1.2 U-Shaped. In [Type A] kitchens with counters, appliances, or cabinets on three contiguous sides, clearance between all opposing base cabinets, countertops, appliances, or walls within kitchen work areas shall be 60 inches (1525 mm) minimum.

Because the New York City example does not have “…counters, appliances, or cabinets on three contiguous sides…” it is not regulated as a U-shaped kitchen, though the blank end-wall would seems to made it functionally U-shaped.

In the new ICC/ANSI A117.1-2003 (referenced in the 2004 Supplement of the IBC), the requirement for kitchens in dwelling units remains the same. However, for kitchens in other than Type A or Type B dwelling units or sleeping units, the 2003 standard states:

804.2.2 U-Shaped Areas. In kitchens enclosed on three contiguous sides, clearance between all opposing base cabinets, countertops, appliances, or walls within kitchen work areas shall be 60 inches (1525 mm) minimum [emphasis added].

Thus, in kitchen in fully accessible dwelling units, sleeping units, or commercial occupancies, a minimum 60 inches clearance will be required, even if only a blank wall exists on an end.

Finally, the federal Fair Housing Amendments Act Accessibility Guidelines consider a kitchen U-shaped only when there is a sink, range or cooktop at the base of the U. In other words, having just cabinetry or a countertop at the base would make it a galley kitchen with a 40 inch clearance permitted. Note that the IBC and ICC/ANSI A117.1 are more restrictive in this case, and that compliance with the IBC will constitute compliance with Fair Housing on this issue.

The U.S. Department of Housing and Urban Development (HUD) decided the 2003 International Building (IBC) code “meets and exceeds” the Fair Housing Act’s (FHA) accessibility requirements. This will be a relief to architects who can be assured that their designs for multi-family housing projects are in compliance with the 2003 IBC and that they will not violate the FHA. As a condition for granting safe harbor status HUD has required that the International Code Council publish the following statement:

ICC interprets Section 1104.1, and specifically, the Exception to Section 1104.1, to be read together with Section 1107.4, and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances, unless site impracticality applies. Exception 1 to Section 1107.4 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 1107.7.

HUD required this statement in order to clarify that site arrival points are required to be served by an accessible route under FHA requirements. Section 1104.1 of the 2003 IBC includes an exception that states: an accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing for pedestrian access. A HUD Task Force that reviewed the 2003 IBC in order to determine safe harbor status was concerned that the exception to Section 1104.1 would result in designs that would not provide accessible routes from site arrival points regardless of terrain. The Task Force believed this would be a clear violation of FHA requirements.

In response to HUD’S draft report ICC issued a response to this concern that highlighted Section 102.1 of the 2003 IBC. Section 102.1 states:

Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

ICC proposed that this section would ensure that site arrival points serving covered multifamily dwelling entrances would be provided unless there was site impracticality as addressed in Section 1107.7.4. Based on this assurance, HUD determined that the 2003 IBC is a safe harbor, however in order to ensure compliance they wanted further clarification and required the aforementioned statement.

HUD and ICC are working to determine if the 2006 IBC which is currently being developed will be granted safe harbor status. Please visit www.hud.gov/offices/fheo/disabilities/modelcodes to see the final report of the HUD review of the 2003 IBC.

The United Spinal Association is a not for profit organization that is a qualified registered provider of continuing education for several organizations, including the American Institute of Architects (AIA) and the International Codes Council (ICC). Our goal is to provide training on the latest federal and state accessibility requirements to design professionals and code enforcement officials throughout the country.

United Spinal’s staff has the following qualifications, which make us unique when compared to other continuing education providers:

Certified by the International Codes Council (ICC) as Accessibility Specialists/Plans Examiners. Also Registered Providers of Continuing Education with AIA.

Members of the A117.1 Accredited Standards Committee that develops the barrier-free design requirements referenced by the International Building Code (IBC).

Members of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) Federal Advisory Committee that worked to ensure a degree of harmonization between the revised ADA/ABA Accessibility Guidelines and ICC ANSI A117.1 that the IBC references.

Members of the American Institute of Architects (AIA) on staff whose primary practice is designing accessible facilities while applying state and federal accessibility standards.

Training experience includes cooperation with the following AIA Chapters: New York City; New York State; New Jersey; Washington DC; Richmond; Detroit; Pittsburgh; Philadelphia; Boston; Kansas City; Connecticut, etc…

Throughout 2005, United Spinal Association’s Accessibility Services Program is planning a number of accessibility training programs that qualify for continuing education credits for members of AIA and ICC. Most training programs highlight the revised ADA/ABA Accessibility guidelines, finalized in July, 2004, and the harmonization with the 2003 International Building Code/ ICC ANSI A117. For AIA members, our Continuing Education Credits are applicable towards HSW credits needed to maintain licensure. Attendees benefit from learning how accessibility requirements apply to exterior/interior accessible routes; entrances; options for vertical accessibility; toilet and bathing facilities and the session concludes with an overview of how these rules apply to residential occupancies, existing structures and special occupancies.

A power point presentation is used that is tailored to the needs of the audience, i.e., the presentation includes an explanation of how local/state accessibility requirements might differ from federal accessibility requirements. Several handouts are distributed, including a copy of United Spinal Association’s publication, Barrier Free Design: Selected Federal Laws and Accessibility Guidelines (which includes ADAAG and the Fair Housing Amendments Act Accessibility Guidelines). A copy of the power point presentation is also made available to attendees.

This year we have received funding assistance from several sources, including: the ADA & IT Information Center for the Mid-Atlantic Region, the Northeast ADA & IT Center and the Great Lakes ADA Accessible IT Center. This funding assistance allows us to reach design and code professionals in new markets outside of our typical training area. Upcoming locations include: Pennsylvania, New York State, Manhattan, Cleveland, Maryland, Charlotte, NC, Asheville, NC, Raleigh, NC, Wilmington, NC, St. Louis, Missouri, Savannah, GA, South Dakota and Memphis.

For specific information on upcoming training dates and locations, please visit www.unitedspinal.org/aa or contact Jennifer DePaul, Compliance Specialist, at 1-800-807-0190.

The background

As Compliance Specialist, Linda Gutmann explained in last December’s Orbit, New York City’s 17 year-old accessibility requirements (Local Law 58) will be replaced when the City adopts the International Building Code (IBC). However, the IBC only requires that 2% of the units in newly constructed apartment buildings that have 21 or more units comply with the adaptability requirements that New Yorker’s with disabilities had enjoyed under LL 58’s accessibility standard ANSI A117.1 – 1986.

These apartments are called Type A units.

The balance of the units are required to be Type B. The requirements for these units are merely intended to comply with the requirements set forth by the Federal Fair Housing Amendments Act’s Accessibility Guidelines. These units offer less accessibility then a Type A throughout the apartment, but individuals using wheelchairs will especially feel the square footage pinch in the bathroom.

To make matters even more complicated, LL 58 has incorporated variances from strict compliance with LL 58’s accessibility standard ANSI A117.1 – 1986. These variances are known as Technical Policy Procedure Notices (TPPNs). In several instances the TPPN’s require a design that is below what is required by the Fair Housing Accessibility Guidelines. This means that many apartments in New York City were built in violation of federal law.

The problem

Due to the high expense and limited space available in New York City, association’s representing the city’s realtors (REBNY – Real Estate Board of New York) and Building Owners (BOMA – Building Owners and Managers Association) are in support of Type B units. Conversely, United Spinal Association’s members and other wheelchair users in New York City represented by the Mayor’s Office for People with Disabilities require the greater access found in a Type A unit, particularly in the bathroom design.

Potential for Compromise?

The IBC’s new accessibility reference standard, ANSI A117.1 – 2003 offers two bathroom options within the Type B dwelling unit: Option A & Option B. Option B bathroom offers more square footage and clear floor space for fixtures for a wheelchair user - but will it be enough to meet the needs of people with mobility impairments in New York City?

United Spinal’s Architecture program set to answer that question by designing and constructing the Type B, Option B bathroom at United Spinal’s facilities at Fort Totten, NY and asked several members to test the model to determine if it could be used.
With a small addition to the clear floor space available in front of the bathtub and additional reinforcements behind the walls for the future installation of a swing-up and vertical grab bar, most that tested the bathroom found that it met their needs.

What’s next?

United Spinal will invite members of REBNY and BOMA to view the mock up of the Type B, Option B bathroom. Hopefully the various groups will agree that it is a solution for everyone and advocate that it be adopted in the new Building Code of New York City.

For more information on United Spinal Association’s position on accessibility requirements in the version of the IBC being considered as a replacement to the City of New York Building Code, please contact me at 1-800-807-0191

United Spinal Association was lucky to have been given the opportunity to work with NYC2012 – the committee that is behind the dream of bringing the Olympics to New York City. NYC2012’s Olympic X Plan puts athletes at the center of the Games in a spacious and secure Olympic Village, directly across the river from the United Nations. The village will transform a former industrial site into a community of parks, housing, and sports facilities rising along the waterfront. After the Olympic Games, the Village will become a waterfront residential community, with apartments leased or sold in the private housing market. The Olympic amenities, including parks and recreational facilities, along with the site’s central and scenic location, will help to make this an extremely desirable community. Universal design will be applied to all apartments, making them easily adaptable to meet the needs of all - including seniors and people with disabilities.

Because the Olympic Village will be designed as a fully accessible community, Paralympians will have the opportunity to stay within the Village, along with the Olympians. United Spinal Association provided technical advice to the NYC2012 architects on how to make dwelling units in the Olympic Village meet federal, state & city accessibility requirements. By referencing the most up-to-date International Building Code (IBC), the Village will comply with both city and federal accessibility standards. The Village will incorporate exterior access to all facilities, generous interior circulation spaces, clear and consistent signage, and large apartments that are close to dining halls and the transport mall for all athletes. All bathrooms will be designed to accommodate the needs of Paralympians during the 2012 games, in addition to people with disabilities and seniors thereafter.

Specifically, the architects had questions about the multi-level dwelling units. Although the multi-level dwelling units would not be used in the Paralympic Village, the dwelling units would eventually become residential units for sale and/or rent after the games. United Spinal Association suggested that the dwelling units include both adaptable bathrooms and widened stairs to accommodate the future installation of a platform lift for seniors and people with disabilities. Although the architects did not incorporate these details within the bid book, the adaptable bathrooms and widened stairs will be implemented in the Village if NYC is awarded the Olympic bid.

Between February and March, the International Olympic Committee (IOC) visited the five candidate cities, including Madrid, London, New York, Paris and Moscow, to hear the cities’ bids. In February, when the IOC came to hear NYC’s bid, United Spinal Association was asked to sit on one of the seventeen expert panels to answer any technical questions that the IOC had regarding the accessibility of the Olympic Village. The IOC reports its findings to the Olympic Evaluation Commission, who then generates a report in June. The host city of the 2012 summer Olympics will be officially elected during an IOC session being held in Singapore on July 6, 2005. Good luck NYC!

For more information on NYC’s bid for the 2012 Summer Olympics, visit the NYC2012 website: www.nyc2012.com.

Question:

In New York State, can the water closet be located between the sink and the bathtub in a Type B dwelling unit bathroom? If this is permitted, does this presume that wall-to-floor or drop down grab bars can be installed in the future?

Answer:

This answer is specific to dwelling units located in R-2 and R-3 occupancies.
Section 1107.6.2.2.1 and Section 1107.6.3.1 of the Building Code of New York State require that at least one toilet and bathing facility in the dwelling unit or sleeping unit shall be constructed in accordance with the toilet and bathing facilities requirements of Section 1002.11 of ICC/ANSI A117.1

Section 1002.11 of ICC/ANSI A117.1-1998 refers to a Type A toilet and bathing facility. The water closet shall be positioned with a wall to the rear and one side. In other words in a Type A facility the water closet cannot be located between the lavatory and bathtub.
If additional toilet and bathing facilities are provided within the dwelling unit then Section 1003.11 of ICC/ANSI A117.1-1998 is applicable.

Type B toilet and bathing rooms can either be designed as Option A or Option B. Neither of these options required the water closet to be located in a corner, therefore the water closet can be located between the lavatory and the bathtub.

If the water closet is placed between the bathtub and the lavatory in a Type B facility (either Option A or Option B) then folding of floor mounted grab bars can be installed. Please refer to Section 1003.11.2 of ICC/ANSI-A117.1 and Sections 6.6 and 6.7 of the Fair Housing Act Design Manual.

At least one toilet and bathing facility is required to be Type A, according to Section 1002.11 of ICC/ANSI A117.1. Additional toilet and bathing facilities are required to comply with Section 1003.11.3 of ICC/ANSI A117.1 and can be designed as either Option A or Option B.
The most important thing is to read the scoping in the building code and the corresponding section(s) of the reference standard (ICC/ANSI).

Areas of Refuge

This Fall, during the final hearings on the 2006 International Building Code (IBC) Detroit, Michigan they were several significant changes that will impact both the life safety and accessibility for persons with disabilities.

The first will require areas of refuge, those safe-havens for wheelchair users located above and below the grade level of a building even if an automatic sprinkler system is provided in a building. In the 2003 IBC, the current edition of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) as well as the revised ADA/ABA Accessible Guidelines, the installation of a sprinkler system would result in an exception for this critical component of an Accessible Means of Egress.

In a building equipped with an automatic sprinkler system, everyone on a fire floor may be protected from the immediate dangers of the fire (because it is extinguished by the
sprinkler system) ambulatory persons quickly leave the dangers of smoke and toxic fumes as they proceed to enclosed exit stairs and descend toward the level of exit discharge. Many people with disabilities cannot use the stairs and because an area of refuge is not required, wheelchair users cannot take advantage of the protection of a smoke barrier and can only go into the corridor that is sure to fill with smoke and fumes to await further evacuation.

“Safe Harbor” with Fair Housing

In another important decision, an amendment to a code change proposed by the US Housing and Urban Development (HUD) was passed ensuring that the International Building Code would retain its place as a “safe harbor” for compliance with HUD’s Fair Housing Amendments Act Accessibility Guidelines in its 2006 edition.

“It was important for the department to ensure that an accessible pedestrian route be provided from site arrival points to accessible building entrances unless the slope or finished ground level between accessible facilities and buildings exceed one unit vertical in 12 units horizontal or physical barriers or legal restrictions prevent the installation of an accessible route,” Director, of HUD’s Disability Rights Section, Cheryl Kent.

Changes of Occupancy to retain Accessibility Requirements

Currently, Chapter 34 (Existing Buildings) and the International Existing Building Code (IEBC) requires accessible features (i.e., accessible parking, accessible entrance, route to the primary function area) if a building changes from one use group to another (i.e., commercial to residential). As these features could be triggered without any alteration costs, many building owners and developers are against this requirement. They point to the Americans with Disabilities Act Accessibility Guidelines that only requires that 20% of the alteration costs to the primary function area (i.e., reason by the building is there) should be dedicated to providing an accessible route, accessible toilet rooms, drinking fountains and telephones. Disability advocates were concerned that this growing sentiment against providing these accessibility features when no alterations costs are incurred would result in enough votes by members of the International Codes Council (ICC) to eliminate the rule, however, the accessibility triggered when a building changes occupancy was retained.

Relaxation of Type A bathroom requirements

Individual-owned condominium units are required to comply with the IBC’s accessibility requirements when there are four or more units in a building. When there are twenty or more units, 2% of the units are required to comply with the Type A requirements of the IBC’s accessibility-reference standard ANSI A117.1. Type A units mandate wheelchair maneuvering space be provided in at least one bathroom within the dwelling unit (if other bathrooms are provided they only have to provide reinforcement for future installation of grab bars, operable parts/receptacles within accessible reach ranges and doors that provide adequate clear width). In addition to the maneuvering clearance in the bathroom, water closets are required to be located adjacent to a wall so that reinforcement for the future installation of grab bars can be provided. The Virginia Building and Code Officials Association were successful in getting a code change that would allow an owner of an existing condo to comply with the less restrictive (Type B) requirements of A117.1 which are based on the Fair Housing Accessibility Guidelines, so that the installation of luxury items (e.g., Jacuzzi, whirlpool, etc) could be installed.

The Courthouse Access Advisory Committee (hereinafter Committee) has been organized by the United States Access Board to promote accessibility for persons with disabilities to courthouses. The Committee consists of architects, lawyers, judges, individuals with disabilities, representatives of government offices, and advocacy organizations of which United Spinal is one of several.

Courthouses by their design and use pose unique challenges to access. The Committee’s mission centers on identifying access issues and barriers, developing solutions and best practices, gathering resources, and exploring ways to disseminate the information it develops most effectively to various audiences. The Committee has been chartered for a two-year period ending in November 2006.

In order to fulfill its mission, the Committee has divided into the following three subcommittees; courthouse access, courtroom access, and education. The first two subcommittees are charged with identifying problem areas, developing design solutions, and locating existing facilities with best practices. The Education Subcommittee’s goal is to increase awareness and understanding of courtroom and courthouse accessible designs and implementation.

United Spinal’s representative is a member of the Courtroom Subcommittee. The goal of the Courtroom Subcommittee is to promote accessibility in the design of courtrooms and ancillary areas. This goal will be accomplished by exploring challenges and constraints to access posed by the standard design of courtrooms and developing solutions and best practices for ensuring access to courtroom spaces and elements. These elements include jury boxes, jury deliberation rooms, witness stands, spectator seating areas, judge’s benches, judge’s chambers, court clerk stations, and detaining cells.

The meetings of the Committee are open to the public. The next meeting will be held in San Francisco on November 16th through the 18th. For further information go to the access Boards website at www.access-board.gov.

The Accessibility Services Department is currently working with C2Ed, an online education center, to provide live lunch-hour web sessions to architects, engineers, landscape architects, surveyors and interior designers. Our four-session series, which began in October, focuses on Common Mistakes and Misconceptions in Accessible Design. Participants will be educated about common misconceptions in accessible design so that they can prevent making common mistakes that prevent construction from being usable for people with disabilities. Also, we will be providing C2Ed participants with a sneak preview of future editions of the International Building Code, the ICC/ANSI A117.1 and the revised draft of the ADA/ABA Accessibility Guidelines.

Session One, Understanding your Professional Liability, was provided by United Spinal Association’s attorneys James Weisman and Kleo King on October 12, 2005. Jim was an original author of the ADA while Kleo’s expertise on the application of the Federal Fair Housing Amendments Act is unparalleled. Both have represented United Spinal Association on the Access Board - the federal agency responsible for developing the ADA’s Accessibility Guidelines. This session included discussions on cases and settlements having to do with The American with Disabilities Act and the Federal Fair Housing Amendments Act.

Session Two, Identifying Common Accessibility Mistakes & Preview of What’s to Come, will be provided by Dominic Marinelli and Linda Volpe on November 16, 2005. The session will discuss those typical questions that Accessibility Services’ staff receives from design professionals and code enforcement officials during their trainings, over the phone and on their Accessibility Requirements Web Forum and how the new accessibility requirements of the Revised ADA/ABA Accessibility Guidelines & the International Building Code (IBC) respond to these issues.

Session Three, Avoiding Accessibility Pitfalls in Designing Residential Occupancies, will be provided by John Rooney and Jennifer Perry on December 14, 2005. This session will review all applicable state and federal accessibility requirements impacting residential occupancies, including the Fair Housing Amendments Act, the International Building Code, the Uniform Federal Accessibility Standard, and the Americans with Disabilities Act.

Session Four, Preventing Accessibility Errors when Designing for Additions, Alterations and Changes of Occupancy, will be provided by Dominic Marinelli and Linda Volpe on January 18, 2006. This session is designed to help design professionals understand the degree of accessibility required in alterations to primary function areas of buildings. The “20-percent” rule is required by ADAAG and the model building codes and its application is often the most confusing of all the access requirements. In addition, the “laundry-list” of accessibility requirements when a building or portion of a building undergoes a change of occupancy will be discussed.

For more information on how you can participate in these on-line sessions please contact Linda Volpe, 518-945-1606; lvolpe@unitedspinal.org

In addition to working on the development of accessibility regulations and providing registered training programs to members of the American Institute of Architects (AIA) and the International Code Council (ICC) on these requirements, United Spinal Association has always worked to enforce these accessibility regulations, which is directly tied to our core mission of advocating on behalf of people with disabilities.

One of the biggest challenges facing people with disabilities is locating accessible, affordable housing. To that end, and to help enforce the requirements of Section 504 of the Rehabilitation Act of 1973, United Spinal will be working with the Housing Authority of the City of Pittsburgh (HACP) to ensure that the Authority’s 6,000 housing units, consisting of elderly and family housing units, are compliant with federal accessibility requirements. One of the federal requirements that this housing must comply with is Section 504 of the Rehabilitation Act of 1973 (often referred to as Section 504). Section 504 of the Rehabilitation Act is known as the precursor to the Americans with Disabilities Act (ADA). It applies to public and private entities that receive federal funds. Section 504’s accessibility requirements can be far stricter than the ADA’s mandates. While federal departments and agencies are not covered by the ADA, they must provide access under the requirements of Section 504 of the Rehabilitation Act.

Because HACP is a federally-funded recipient, all services and construction must comply with the rules and regulations found in Section 504. In addition, the built environment under the authority’s control must comply with the Uniform Federal Accessibility Standards (UFAS) – the uniform standards for the design, construction and alterations of buildings so that people with disabilities will have ready access to and use of them - the Pennsylvania Uniform Construction Code, and in some instances, the ADA.

Joining United Spinal’s team of accessibility specialists, code officials and design professionals in this effort will be two firms based in Pittsburgh, PA – Accessibility Development Associates and Bailey Engineers & Constructors. Together, United Spinal and these firms will assess the Authority’s housing units for compliance with the requirements mentioned above. We will do in-depth reviews of the Authority’s housing stock, provide suggestions for improvements in non-compliant housing units, review plans for new construction and present our findings to the Authority as needed. This project will be carried out over the next five (5) years.

“United Spinal is very excited to work with the Housing Authority of the City of Pittsburgh and to continue our mission of advocating for people with disabilities and ensuring that the Authority’s housing units are accessible for people with disabilities,” United Spinal’s Executive Director, Gerard M. Kelly, said..

If you would like to learn more about United Spinal’s work in this area, please contact Jennifer Perry at 610-757-0044.

The ADA-ABA Accessibility Guidelines were published in the Federal Register on July 23, 2004. The development of the new guidelines dates back to 1994. On September 13, 1994 the United States Access Board created the ADAAG review advisory committee and the process of rulemaking began. A series of committee reports, public hearings, public comment periods and approvals by the board followed and culminated in the publication of the final rule. Questions that arose subsequent to the publication of the guidelines involve: harmonization with building codes, the inclusion of ADA and ABA guidelines in one document and when the guidelines go into effect.

Harmonization:

The existence of federal laws and building codes that required accessibility to the built environment have resulted in some confusion, especially on the part of design professionals. There were instances when conflicts existed and as a result a design could include all of the minimum accessibility requirements of a building code and not comply with federal requirements and vice versa. For example, The 2000 edition of the International Building Code (IBC) has scoping for accessible drinking fountains, however the reference standard , ICC/ANSI A117.1-1998 does not include provisions for a “hi-lo” drinking fountain. The “hi-lo” drinking fountain is required by ADAAG. This fountain allows accessibility for people that use wheelchairs and for standing persons who have difficulty bending or stooping.

In order to make compliance easier the board worked toward making the guidelines more consistent with model building codes and industry standards. As a result there a great deal of harmonization has been achieved. However, there are still instance when a conflict will occur. One example involves the use of a Limited-Use/Limited-Application Elevators (LU/LA) in new construction. The ADA-ABA Guidelines restrict their use to places where the use of a wheelchair lift is permitted; such as performance areas and wheelchair viewing places. LU/LA’s are also permitted to areas that are not required to be provided with an accessible route in accordance with the scoping exceptions. The 2003 IBC permits the use of LU/LA’s in new construction and does not limit their use for accessible routes via scoping. In both instances the use of a LU/LA has to comply with the ASME A17.1 reference standard.

ADA-ABA Guidelines:

The new document provides guidelines for two federal laws: The Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA). The ADA is a civil rights law that prohibits discrimination on the basis of disability. The guidelines provide design requirements for public and private facilities. The ABA requires accessibility to facilities built, designed, altered or leased with federal funds. At the present time facilities covered by ADA follow the Americans with Disabilities Act Guidelines (ADAAG) and facilities covered by the ABA follow the Uniform Federal Accessibility Standards (UFAS). The Access Board decided to update both ADAAG and UFAS at the same time in order to provide consistent enforcement under both federal laws. When the ADA-ABA Guidelines are adopted they will replace ADAAG and UFAS. When the new guidelines are in effect it will consist of three parts: scoping for ADA facilities (Part I), scoping for ABA facilities (Part II) and a common set of technical criteria applicable to both parts (Part III).

Adoption:

The ADA-ABA Guidelines are final; however they are not enforceable until they are adopted by the federal agencies responsible for their enforcement. The Justice Department (DOJ) and the Department of Transportation are responsible for enforcement of the ADA. Federal agencies responsible for maintaining the ABA standards are the General Services Administration (GSA), the Department of Defense (DOD), the United States Postal Service (USPS) and the Department of Housing and Urban Development (HUD). The aforementioned agencies are in the process of adopting the ADA/ABA Guidelines. At the present time none of the agencies, except for the Postal Service has adopted the new guidelines. The Postal Service issued a notice on May 17, 2005 adopting the new standards for postal facilities. The notice states that the new standards will take effect on October 1, 2005. To see the most recent information regarding the ADA-ABA Guidelines and the adoption process, visit the United States Access Boards website: www.access-board.gov

The ICC/ANSI A117.1 is the technical standard referenced by the International Building Code. The technical specifications in this standard are intended to create elements and spaces that can be used independently by persons with disabilities. The ICC/ANSI A117.1 is updated every five years by the A117 committee, which consists of organizations, companies, government agencies, and individuals who have a direct and material interest in the development of these standards.

The A117 committee recently established three task groups that United Spinal Association’s Accessibility Services staff is proud to be a part. The groups are:

1. Task Group on Technical Requirements for Dwelling Units
This task group will review the technical requirements in Chapter 10 of A117.1 and recommend proposed revisions to the standard as may be necessary in order to be responsive to emerging trends such as Visitability, Aging-In-Place, and Universal Design.

2. Task Group on Coordination of A117.1 and the International Building Code
This task group will review the technical requirements in ICC/ANSI A117.1 and the provisions in the current IBC that overlap or otherwise address common subjects and recommend proposed revisions to A117.1 as may be necessary in order to accomplish appropriate coordination of A117.1 and the IBC.

3. Task Group on Coordination with the new ADA/ABA Accessibility Guidelines
This task group will review the technical requirements in A117.1 and the new ADA/ABA Accessibility Guidelines that overlap or which may cover subjects not addressed by both standards. Task group members will recommend proposed revisions to A117.1 as may be necessary and appropriate to update, improve or expand the technical criteria in order to accomplish coordination with the new ADA/ABA Accessibility Guidelines.

In October, the International Code Council held the first meetings of the Task Group on Technical Requirements for Dwelling Units and the Task Group on Coordination with the new ADA/ABA Accessibility Guidelines at the Access Board’s office in Washington D.C. The Task Group on Coordination of A117.1 and the International Building Code has not yet scheduled its first meeting. For additional information about United Spinal’s work on these task groups, please contact Linda Volpe, 518-945-1606, lvolpe@unitedspinal.org

Question: Does the clear floor space for an automatic door control have to be located outside the swing of the door?
Answer: ICC ANSI A117.1 - 1998 does not specify this, however it is preferable so the door will not hit the person activating it.
However, this is a requirement in ICC ANSI A117.1 - 2003.

404.3.5 Control Switches.
Manually operated control switches shall comply with Section 309. The clear floor space adjacent to the control switch shall be located beyond the arc of the door swing.

309.2 Clear Floor Space.
A clear floor space (i.e., 30 inches by 48 inches) complying with Section 305 shall be provided.

Operable parts shall be placed within one or more of the reach ranges specified in Section 308 (i.e. unobstructed 15 to 48 inches).

This Fall, during the final hearings on the 2006 International Building Code (IBC) Detroit, Michigan there were several significant changes that will impact both the life safety and accessibility for persons with disabilities.

The first will require areas of refuge, those safe-havens for wheelchair users located above and below the grade level of a building even if an automatic sprinkler system is provided in a building. In the 2003 IBC, the current edition of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) as well as the revised ADA/ABA Accessible Guidelines, the installation of a sprinkler system would result in an exception for this critical component of an Accessible Means of Egress.

Ina building equipped with an automatic sprinkler system, everyone on a fire floor may be protected from the immediate dangers of the fire (because it is extinguished by the
sprinkler system) ambulatory persons quickly leave the dangers of smoke and toxic fumes as they proceed to enclosed exit stairs and descend toward the level of exit discharge. Many people with disabilities cannot use the stairs and because an area of refuge is not required, wheelchair users cannot take advantage of the protection of a smoke barrier and can only go into the corridor that is sure to fill with smoke and fumes to await further evacuation.

In another important decision, an amendment to a code change proposed by the US Housing and Urban Development (HUD) was passed ensuring that the International Building Code would retain its place as a “safe harbor” for compliance with HUD’s Fair Housing Amendments Act Accessibility Guidelines in its 2006 edition.

“It was important for the department to ensure that an accessible pedestrian route be provided from site arrival points to accessible building entrances unless the slope or finished ground level between accessible facilities and buildings exceed one unit vertical in 12 units horizontal or physical barriers or legal restrictions prevent the installation of an accessible route,” Director, of HUD’s Disability Rights Section, Cheryl Kent.

Currently, Chapter 34 (Existing Buildings) and the International Existing Building Code (IEBC) requires accessible features (i.e., accessible parking, accessible entrance, route to the primary function area) if a building changes from one use group to another (i.e., commercial to residential). As these features could be triggered without any alteration costs, many building owners and developers are against this requirement. They point to the Americans with Disabilities Act Accessibility Guidelines that only requires that 20% of the alteration costs to the primary function area (i.e., reason by the building is there) should be dedicated to providing an accessible route, accessible toilet rooms, drinking fountains and telephones. Disability advocates were concerned that this growing sentiment against providing these accessibility features when no alterations costs are incurred would result in enough votes by members of the International Codes Council (ICC) to eliminate the rule, however, the accessibility triggered when a building changes occupancy was retained.

Individual-owned condominium units are required to comply with the IBC’s accessibility requirements when there are four or more units in a building. When there are twenty or more units, 2% of the units are required to comply with the Type A requirements of the IBC’s accessibility-reference standard ANSI A117.1. Type A units mandate wheelchair maneuvering space be provided in at least one bathroom within the dwelling unit (if other bathrooms are provided they only have to provide reinforcement for future installation of grab bars, operable parts/receptacles within accessible reach ranges and doors that provide adequate clear width). In addition to the maneuvering clearance in the bathroom, water closets are required to be located adjacent to a wall so that reinforcement for the future installation of grab bars can be provided. The Virginia Building and Code Officials Association were successful in getting a code change that would allow an owner of an existing condo to comply with the less restrictive (Type B) requirements of A117.1 which are based on the Fair Housing Accessibility Guidelines, so that the installation of luxury items (e.g., jacuzzi, whirlpool, etc) could be installed.