Enhancements to accessibility requirements are impacting both the national building code and its accessibility standard. United Spinal Association’s Accessibility Services team represents its members and clients on the International Code Council’s national accessibility standard – A117.1 and in the development of accessibility related requirements within the International Building Code (IBC) and the International Existing Building Code (IEBC). The current codes cycle will result the 2009 IBC and IEBC and the 2008 edition of A117.1. The building codes are updated every three years with 18 month supplements and the reference standard is updated every five years. Their have been many changes that will impact how design professionals plan for access for people with disabilities. Highlights on what to expect: A117.1 – 2008 Accessible and Usable Buildings and Facilities Requirements for Visitable or Type C Units (see detailed article on these basic access requirements to single-family homes within this edition of Access Quarterly) Bed height requirements for accessible hotel rooms so guests with disabilities have a location for portable bed lifts Elimination of storage requirements within kitchens of Type A dwelling units. Elimination of 60 inch turning diameter within walk-in closets of Type A dwelling units. Maneuvering Clearance will be required on the inside of the entrance door to a Type B unit. Drinking fountains will no longer be permitted to provide only a parallel approach. Saunas and Steam rooms will be required to provide accessibility features. Requirements for Variable Message Signs for people with visual disabilities. Accessible locations will be required within the rear 60% of a movie theater. Electrical panel boards are required to be served by an accessible route within dwelling units. The entire first public comments draft of the A117.1 – 2008 is available on http://www.iccsafe.org/cs/standards/a117/2008/draft_1/ INTERNATIONAL EXISTING BUILDING CODE 2% Type A units when 20 or more dwelling units are altered. Type B units when buildings undergo a complete change of occupancy. Clarification on the accessibility required for additions to Historic Buildings INTERNATIONAL BUILDING CODE 2% Type A units when 20 or more dwelling units are altered. Clear requirements in Live/Work Units (business is on the first level of the home) As this process moves forward, Accessibility Services will keep you updated. Should you wish to learn more about the developing accessibility requirements of the IBC, IEBC or A117.1 please contact Dominic Marinelli at dmarinelli@unitedspinal.org. Type C (Visitable) Dwelling Units Criteria to be Included in the 2008 ANSI A117.1 The ANSI A117.1 standard will soon include design criteria for visitability features that could be adopted by municipalities or via state/local ordinance for implementation across the country. The inclusion of visitability criteria in A117.1 is the culmination of the efforts of an International Code Council (ICC) working group (originally convened in 2006) charged with developing model code guidelines for housing not covered by the Fair Housing Act, i.e., for new one- to three- family dwellings, which would be suitable for adoption by local jurisdictions, whether a given jurisdiction intended to apply it to all new houses or within a narrower scope. The working group includes disability advocates as well as members from federal agencies like the US Access Board and HUD. These guidelines, now known as Type C (Visitable) Units, were favorably recommended by ICC in a January 2008 vote to be published for a period of public comment, after which they will be formally accepted, modified or rejected. The purpose of the Type C technical requirements is to provide a model for accessibility that can be adopted to apply to new houses not covered by the Fair Housing Act. Local authorities are encouraged to consider exemptions where conditions such as extreme topographical conditions warrant them. To date, more than 30,000 houses in the U.S. have zero-step entrances, wider interior doors, and a few additional basic access features as a result of local requirements (which differ). Requirements provided within the Type C criteria are intended to provide consistency throughout the country. Some municipalities which have adopted a visitability policy/ordinance include: Atlanta, GA; Freehold, NJ; Austin, TX; Irvine, CA; Urbana, IL; Visalia, CA; San Mateo County, CA; Howard County, MD; Albuquerque, NM; San Antonio, TX;  Onondaga County, NY;   Southampton, NY; Naperville, IL; Pima County, AZ; Long Beach, CA; Iowa City, IA; Syracuse, NY; Bolingbrook, IL; Escanaba, MI; Chicago, IL; St. Louis County, MO; Houston, TX; Pittsburgh, PA; St. Petersburg, FL; Toledo, OH; Auburn, NY; Prescott Valley, AZ; Scranton, PA; Arvada, CO; Rockford, IL; Montgomery County, MD. It is important to note that the intent of the Type C unit is not to extend the Fair Housing Act to single family homes. The idea is that every home in a neighborhood can have the most important accessible features needed so that people who have a disability can visit the home and those who incur a disability can remain living in their homes while they plan and make additional renovations they might need. So the application of visitability is based on widespread, i.e. universal, application to primarily owner occupied dwellings. According to Eleanor Smith with Concrete Change in Atlanta (a project dedicated to making all new homes visitable) "These (Type C) features have the potential for a tremendous boost to integration instead of isolation. Whether you’re an 8-year old with cerebral palsy hoping to go to her classmate’s party, or an older person with multiple sclerosis wanting to go to the family reunion, Type C criteria will prove beneficial. Additionally, these features make it possible for someone to come home from the hospital to recuperate after incurring short term disabilities that limit mobility. ” The technical criteria for a Type C unit have been summarized below (for the complete language of Type C Unit Criteria, please contact Jennifer Perry): jperry@unitedspinal.org At least one accessible entrance into the home which is accessed from a public street or sidewalk, a dwelling unit driveway, or a garage An accessible circulation path shall connect an entrance with a toilet room or bathroom, with one habitable space with an area 70 square feet minimum and with a food preparation area (if one is provided on the entrance level of the home). The toilet room/bathroom should have basic clearance at the water closet and reinforcements in the walls for the future installation of grab bars Doors with sufficient clear width (31 ¾ inches) shall be provided throughout the entrance level of the home Lighting controls and receptacle outlets shall be mounted within accessible reach ranges (with Exceptions) Clearances between all opposing base cabinets, counter tops, appliances or walls within food preparation areas (if provided on the entrance level) shall be 40 inches (1015 mm) minimum. The design criteria listed above will be included in the ANSI A117.1 2008 edition, most likely under the heading of Section 1006 – Type C (Visitable) Units. This Section will follow the Sections in A117.1 that include the requirements for Accessible, Type A and Type B dwelling units. The success in having the Type C Unit criteria included in the ANSI A117.1 standard is that it truly promotes the goals of visitability – which is to provide all individuals with the ability to gain access into/out of a home and use the bathroom. These design features will in turn benefit many homeowners that may incur a temporary or long term disability. Much research has been done that supports the fact that constructing homes with these features is inexpensive and easy. Hopefully the inclusion of these requirements in the A117.1 standard will promote the design and construction of visitable homes nationwide. As this process moves forward, Accessibility Services will keep you updated. Should you wish to learn more about the Type C dwelling unit proposal, please contact Jennifer Perry at jperry@unitedspinal.org. You can also visit the following websites to learn more about Visitability: www.concretechange.org and http://www.ap.buffalo.edu/~idea/
Department of Transportation’s Standards for Accessible Transportation Facilities New ADAAG versus existing ADAAG As many are aware, the Department of Transportation (DOT) amended its Americans with Disabilities Act (ADA) regulations applicable to transportation facilities under Part 37 (49 CFR Part 37) in the fall of 2006. The amendment adopting the new ADA Accessibility Guidelines (ADAAG) the Access Board issued on July 23 2004 (69 FR 44084) became effective on November 29, 2006. Specifically, DOT adopted the ADA scoping and technical sections (Appendices B and D to 36 CFR Part 1191, including the index) with a few minor modifications. Thus, any entity constructing or modifying a transportation facility, such as a bus stop, rail station, or airport, must comply with the new ADAAG. Any other project under DOT’s purview that is not a transportation facility would still need to comply with the existing ADAAG provisions. Therefore, if a passenger drop off area was being built or a public restroom was being renovated along a federal highway, existing ADAAG would apply. If a restroom was being built or renovated in a subway station, the applicable s DOT modified the Access Boards new ADAAG in the following manner: Administrators are being given the discretion to permit broader applications of equivalent facilitation; Retained the structurally impractical exception in the existing ADAAG as it has been removed from new ADAAG so as not to conflict with language in the Department of Justice ADA regulations; Adopted language from the existing ADAAG emphasizing the distance a person with a disability must travel to use various important station elements must be minimized; Adopted language from the existing ADAAG that would keep in effect the requirements concerning detectable warnings at curb ramps located within transportation facilities; Added language requiring public entities that have control over construction specifications ensure that bus boarding and alighting areas comply with the required dimensions; and Adopted language from the existing ADAAG concerning the coordination of platform and rail car door height. DOT also specifies that any project that was in progress (meaning actual construction had begun or the final design had received all necessary approval on or before November 29, 2006) would be in compliance if it had followed the provisions in existing ADAAG. For additional information on accessibility requirements impacting public rights of way please contact Kleo King at kking@unitedspinal.org.
Detectable Warning Requirements
The purpose of detectable warnings, also known as truncated domes, is to alert someone with a visual disability that they are approaching a hazardous vehicular area or an area such as a platform that has a drop-off. Where and when they are required is a question that Accessibility Services staff is often asked. The reason for the confusion is the scoping differences that exist between the International Building Code (IBC) and the Americans with Disabilities Act Guidelines (ADAAG). The scoping for detectable warnings in the IBC is found in Chapter 11. The scoping requires detectable warnings on passenger transit platform edges that border a drop-off and that are not protected by platform screens or guards. There are no scoping requirements for detectable warnings in any other locations such as curb ramps. The technical standards for detectable warnings are found in the ICC/ANSI A117.1. ADAAG requires detectable warnings be provided at hazardous vehicular areas and reflecting pools. The scoping requirements are found in Section 4.1.3(15) and the technical requirements are in Section 4.29. Platform edges that border drop-offs are not protected by platform screens or drop offs are also required to have detectable warnings. The reason for some of the confusion may result from the suspension of the requirements for detectable warnings by the Access Board. From 1994 to July 26, 2001 the scoping requirements in ADAAG did not require detectable warnings for hazardous vehicular areas or reflecting pools. The detectable warning requirements boarding platforms in transit stations remained in effect during that time. The requirements were suspended because of concerns regarding usability, maintenance issues, safety issues due to snow and ice and effectiveness of the warnings. Research was conducted during the suspension and it was determined by the Access Board that the appropriate requirements for detectable warnings should be addressed in public-rights-of–way guidelines. The Access Board is in the process of developing public-rights-of way-guidelines. Presently, detectable warnings are required by the IBC only at passenger transit platforms. ADAAG requires detectable warnings at hazardous vehicular areas, reflecting pools and boarding platforms at transit stations. For more information about the proposed public-rights-of-way guidelines please contact John Rooney at jrooney@unitedspinal.org or visit the US Access Board’s website - http://www.access-board.gov.
Accessibility Services Contributes to NYS Basic Training Program for Code Officials
On January 1st, New York State’s updated building codes, which include the 2007 Building Code of New York State and the 2007 Existing Building Code of New York State, became mandatory for new construction. With the help of the state’s Department of State’s Division of Code Enforcement and Administration and its Technical Subcommittees, New York State has adopted the 2003 edition of the International Building Code (IBC) and the International Existing Building Code (IEBC), which reference the 2003 edition of the ICC/ANSI A117.1 as its technical guidelines for Accessible and Usable Buildings and Facilities. United Spinal Association will contribute to educating state code officials of our state’s newly adopted building codes by working with the Department of State’s Educational Services Unit. We provide a brief overview of accessibility requirements during one of the six basic training programs required for initial certification of code enforcement personnel in New York State. Although the 2007 Building Code of New York State does not look too different from its previous edition, there are a few updates that we highlight during our overview.
1. Two Doors in a Series In addition to requiring 48 inches minimum plus the width of any door swinging into the space between two hinged or pivoted door s in a series, the 2003 edition of the ICC/ANSI A117.1 requires that the space between the two doors provide a 5-foot wheelchair turning space.
2. Employee Work Areas Our previous code required employee work areas to be located on an accessible route. The 2007 Building Code of New York State goes into more detail and requires areas to be designed and constructed so that individuals with disabilities can approach, enter and exit the work area. Not all employee work areas are required to be on an accessible route: Common use circulation paths, located within employee work areas that are less than 300 square feet in size and defined by permanently installed partitions, counters, casework or furnishings, shall not be required to be accessible routes. Common use circulation paths, located within employee work areas, that are an integral component of equipment, shall not be required to be accessible routes. Common use circulation paths, located within employee work areas, that are fully exposed to the weather, shall not be required to be accessible routes. In addition to being required to be located on an accessible route, spaces and elements within employee work areas must also comply with the following: Where employee work areas have audible alarm coverage, the wiring systems shall be designed so that visible alarm notification appliances can be integrated in to the alarm system. Employee work areas must comply with accessible means of egress requirements, found in Section 1007. Work areas, or portions of work areas, that are less than 150 square feet in area and elevated 7 inches or more above the floor where the elevation is essential to the function of the space are exempt from all requirements. 3. Elevator Exceptions in Multi-Level Facilities At least one accessible route shall connect each accessible level, including mezzanines, in multilevel buildings and facilities. The 2007 Building Code has added two new elevator exceptions to Section 1104.4: In air traffic control towers, an accessible route is not required to serve the cab and the floor immediately below the cab. Where a two-story building or facility has one story with an occupant load of five or fewer persons that does not contain public use space, that story shall not be required to be connected by an accessible route to the story above or below. 4. New Vertical Grab Bar Requirement in Toilet Rooms The ICC/ANSI A117.1-2003 includes new grab bar requirements in toilet and bathing rooms.
Section 604.5.1 - A vertical grab bar 18 inches minimum in length shall be mounted with the bottom of the bar located between 39 inches and 41 inches above the floor, and with the centerline of the bar located between 39 inches and 41 inches from the rear wall. Vertical grab bars are also required in accessible showers and tubs.
Section 604.5.2, Exception 1 – The rear grab bar shall be permitted to be 24 inches minimum in length, centered on the water closet, where wall space does not permit a grab bar 36 inches minimum in length due to the location of a recessed fixture adjacent to the water closet.
5. New Drinking Fountains Requirements Section 602 of the ICC/ANSI A117.1-2003 not only includes requirements for accessible drinking fountains, but also includes requirements for drinking fountains used by standing persons and drinking fountains primarily used by children. 6. Dimensions for Children’s Use Chapter Six of the ICC/ANSI A117.1-2003 includes specific dimensions for water closets, toilet compartments, toilet paper dispensers, and lavatories that are used primarily by children.
For more information on Accessibility Services accredited Accessibility Trainings please contact Linda Volpe at lvolpe@unitedspinal.org .

Accessibility Services to offer New Course By Linda Stango, Senior Architect To coincide with the adoption of the updated New York State Building Code and the New York City Construction Code, United Spinal Association will begin presenting a new continuing education program which reflects the changes in the both codes.  The program  will focus on state and federal accessibility requirements impacting both commercial and residential occupancies.  Attendees will gain an understanding of which accessibility requirements are most restrictive and which represent a safe harbor.  In addition, this seminar will provide attendees with an overview of the revised ADA/ABA Accessibility Guidelines and its harmonization with model codes as they relate to accessibility requirements.  This course will focus on problem application areas in commercial facilities, accessibility requirements in existing facilities, types of dwelling units in residential occupancies and life safety issues. If you are interested in learning more about this program or attending a seminar, please contact Linda Stango at 917.921.2766 or via email at lstango@unitedspinal.org.

The Fair Housing Act applies to the new construction of multifamily housing facilities with four or more units if the facility was occupied after March 13, 1991 or the last building permit or renewal thereof was issued by a state, county, or local government on or before June 15, 1990.  The following accessible design features apply to all units in buildings with elevators and to all ground floor units in buildings without elevators: All doors into and within all premises must be wide enough to allow passage by persons in wheelchairs. All premises must contain an accessible route into and through the dwelling unit. All light switches, electrical outlets, thermostats and environmental controls must be located in an accessible location. Reinforcements in the bathroom walls for later installation of grab bars around toilet, tub and shower must be provided. Usable kitchens and bathrooms must be provided so that a person who uses a wheelchair can maneuver about the space. Also, at least one building entrance must be on an accessible route and all public and common use areas must be readily accessible. The FHA does not apply to the renovation or alteration of existing housing facilities. Thus, the question we are now facing 17 years after the effective date of the Fair Housing Act is what is the responsibility of builders, owners, and operators of covered housing facilities that were designed after the effective date but did not comply with some or all of the accessible design features? The answer to this question is going to depend on the location of the housing facility as different courts have reached different decisions.  Most courts have used the continuing violation theory.  Meaning if the housing facility was designed and constructed with features that violated the Fair Housing Act and its Accessibility Guidelines then the violation continues until it is remedied.  This has been the decision in cases brought in many states including Maryland, Montana, and New York.  Other courts have held that the Fair Housing Act requires a complaint be filed within two years of when the violation occurred so, in other words, the case against the builder, developer, etc. must be filed two years after the facility was built.  This time frame is a little harder to ascertain a specific date as large housing facilities are often constructed in phases.  One court in Kentucky attempted to tackle this issue and held that the two year period began to run after the last unit was sold. Many cases have settled before the court could render a final decision.  One of the largest settlements was against Archstone-Smith Trust.  The settlement required a survey of 71 apartment complexes with a total of 12,000 units covered by the Fair Housing Act throughout the United States, removal of the barriers at a cost estimate of $20 million dollars, and 1.5 million in attorney fees (not including the cost of Archstone-Smith Trust’s attorney’s fees), court costs, and damages. A prudent owner of a housing facility covered by the Fair Housing Act should have an independent assessment done of its facility for compliance with the Fair Housing Act.  This will bring peace of mind if all features comply and will cost less money to find and rectify any violations rather than wait to defend a legal action.

Sites: Accessible Route Requirements of the Fair Housing Act By John Rooney The Fair Housing Amendments Act of 1988 is an expansion of discrimination prohibitions based on race, color, national origin religion and sex to people with disabilities and familial status.  This affects builders, designers and developers because the amendments not only apply to policies but also the design and construction of multi-family housing. In short, the Fair Housing Act (FHA) applies to new construction of multi-family housing that consists of four or more dwelling units. Multi-family housing built for first occupancy after March 13, 1991 is required to comply.  There is a misconception that compliance with FHA is based on federal funding; however the law pertains to multifamily housing whether the funding is public or private.  Please note that the presence of federal funding for housing will required compliance with the Uniform Federal Accessibility Standards (UFAS). One aspect of our work in Accessibility Services is to assist designers, developers and builders with FHA compliance.  In our efforts to do this we provide training, plan review and site reviews.  There are specific compliance issues that we have come across numerous times; one of them is the requirement to provide accessible routes on building sites. The question of where they are required is the purpose of this article. Site Arrival Points: The FHA Guidelines require an accessible route to be provided from site arrival points.  It is important to determine how people will arrive at the site in order to determine where accessible routes are required.  Site arrival points include public transportation stops, accessible parking spaces, accessible passenger loading zones and public streets or sidewalks.  An accessible route is required from site arrival points to accessible building entrances.  An exception to the required aforementioned accessible routes is applied if doing so is impractical to do.  Site impracticality is based on difficult terrain or unusual site characteristics such as locations in a federally designated flood-plain or coastal high-hazard area.  There are site tests found in the Fair Housing Act Design Manual that can be used to determine whether the exception can be applied.  This manual is a great resource and can be found online at the following link: www.huduser.org/publications/destech/fairhousing.html Accessible Site Facilities: The FHA Guidelines require an accessible route from dwelling covered by the act to all public and common use areas.  Examples of facilities required to be served by an accessible include -but not limited to- exterior mailboxes, exterior trash disposal areas, playgrounds, swimming pools, recreation areas and clubhouses.  An accessible route is not required between buildings that only contain dwelling units covered by the FHA unless one of the buildings contains a facility or amenity, e.g. a laundry room that is shared by the covered buildings.  The FHA Guidelines permit the use of a vehicular route in place of an accessible pedestrian route between covered buildings and public or common use site facilities in some situations.  When the finished grade exceeds 1:12 or other physical obstructions -outside the control of the owner of the development- prevent the installation of an accessible route between covered dwelling units and public or common use areas then a vehicular route is permitted.  The use of the vehicular route in lieu of an accessible route requires the provision of accessible parking spaces at covered dwelling units and the provision of accessible parking spaces at each common or public use facility not served by an accessible pedestrian route. An often overlooked requirement of the FHA is the provision of exterior accessible routes from site arrival points and accessible routes that serve public and common use facilities on a site. It is a great benefit to consider these issues in the initial planning stages of Multi-family dwelling units covered by the Fair Housing Amendments Act to ensure compliance.

New Initiatives To Expand Accessibility In N.Y.C. By Dominic Marinelli Click here to read the article PDF.

United Spinal works with other Disability Organizations to Improve Residential Accessibility Requirements As United Spinal has previously reported, Type A units required in alterations to apartments will no longer be required in the 2007 edition of the International Building Code (IBC).  To respond to proponents of the code change eliminating this requirement, United Spinal Association has worked with other disability organizations in drafting a proposal that will clarifying when these adaptable features will be required - when more than twenty (20) units are altered, 2 percent will have to provide Type A features. 3409.8.8 Type A dwelling or sleeping units. Where more than 20 Group R-2 dwelling or sleeping units are being altered or added, the requirements of Section 1107 for Type A units and Section 907 for visible alarms apply only to the quantity of spaces being altered or added.  Recognizing the need to increase the availability of accessible housing stock, the American Association of People with Disabilities (AAPD) the Disability Rights Education Defense Fund (DREDF), National Council for Independent Living (NCIL), Paralyzed Veterans Association (PVA) worked on developing the code proposal that would provide the same level of adaptability as what was required in the 2006 edition of the International Building Code (IBC). These same disability organizations joined the US Department of Housing and Urban Development in a separate proposal to propose that an effective date be added to an otherwise blanket exception for "Type B" units in existing facilities.   The IBC and its accessibility standard A117.1 refer to the adaptable features required by the federal Fair Housing Amendments Act’s Accessibility Guidelines as a "Type B" unit. Because these guidelines do not require adaptive features in existing multi-family dwelling units, existing building code’s have used the all encompassing exception below: Type B dwelling or sleeping units required by Section 1107 of the International Building Code are not required to be provided in existing buildings and facilities However, there is a significant flaw with such a general exception. If a covered multi-family dwelling unit (a residential building with 4 or more units) is built on or after March 13, 1991 and for whatever reason does not comply, it would be inaccurate to not indicate the effective date Fair Housing Amendments Act’s Accessibility Guidelines. The proposal of organization’s representing people with disabilities simply adds the March 13, 1991 effective date to the exception. "It is important that the code is not contributing to continuing violations of the federal law.  What we can’t understand is how the IBC can be considered a ’safe harbor’ for compliance with Fair Housing with such a glaring deficiency," United Spinal Association’s Dominic Marinelli, said. By HUD recognizing that a code or standard is a "safe harbor" it means that code or standard is equivalent to the Fair Housing’s Accessibility Guidelines. "If our proposal is not successful, organization’s representing people with disabilities will have to formally ask HUD to reserve their ’safe harbor’ designation of the 2009 International Building Code. The first opportunity that the voting membership of the International Codes Council (ICC) will have to vote on these proposals is during ICC’s first meeting of the 2007/2008 code cycle on February 18th through March 2nd at the Palm Springs Convention Center in Palm Springs, California.

When Will the New Codes Take Effect in NYS and NYC? New NYC Construction Codes Intro 578-A, which is comprised of the new Building Code, Fuel Gas Code, Mechanical Code and Administrative provisions, was signed into law by Mayor Bloomberg on July 3rd, 2007.  Through an effort undertaken by the Department of Buildings and over 400 volunteers from industry, real estate, labor and government, New York City’s 20 year-old accessibility requirements (Local Law 58) will be replaced with the 2003 edition of the International Building Code (IBC).  The new Building Code will reference the 2003 edition of ICC/ANSI A117.1 as its technical guidelines for Accessible and Usable Buildings and Facilities, which is harmonized with the U.S. Access Board’s revised Americans with Disabilities Act/Architectural Barriers Act Accessibility Guidelines (ADA/ABA Accessibility Guidelines).  The new NYC Construction Codes, including the Plumbing Code in Local Law 99/2005 and the Administrative Provisions, Building, Fuel Gas, and Mechanical Codes in Local Law 33/2007 will become effective on July 1, 2008.  Individuals will have the option at that time to use either the old or new code for one year. On July 1, 2009, the codes will become mandated for new construction. It should be noted that certain provision, including those relating to administration, enforcement, special inspections, and construction safety will apply to all projects as of July 1, 2008. The new NYC Construction Codes are available online on the NYC Department of Building’s website: http://www.nyc.gov/html/dob/html/model/construction_code.shtml Updated New York State Codes The current Building Code of New York State uses combined language from the 2000 edition of the IBC and the 2001 Supplement to the IBC in its Building Code, which references the 1998 edition of ICC/ANSI A117.1 as its technical guidelines for Accessible and Usable Buildings and Facilities.  Rather than using Chapter 34 of the IBC for existing structures, the Building Code of New York State requires existing buildings and facilities to comply with Appendix K. These construction requirements, for both new and existing facilities, have been updated and will soon be usable.  With the help of the state’s Department of State’s Division of Code Enforcement and Administration and its Technical Subcommittees, New York State has adopted the 2003 edition of the IBC, which references the 2003 edition of the ICC/ANSI A117.1 as its technical guidelines for Accessible and Usable Buildings and Facilities, and the International Existing Building Code (IEBC). The updated Building Code and Existing Building Code are expected to be published in the October 3, 2007 publication of the Federal Register.  Individuals will have the option on this date to begin using these new codes.  On January 1, 2008, the Building Code and Existing Building Code will become mandated for new construction.  These new codes have been available to purchase from the International Code Council (ICC) since August 20, 2007.  For more information, visit the ICC website: http://www.iccsafe.org/. Draft copies of the new codes are available online at the following sites: Building Code: http://www2.iccsafe.org/states/new_york/NY_Building/building_frameset.htm Existing Building Code: http://www2.iccsafe.org/states/new_york/NY_ExistingBldg/existingbldg_frameset.htm

ICC Accessibility Codes Help New York Fans with Disabilities Enjoy Accessible Features of New Ballparks
By Dominic Marinelli, Director, Accessibility Services, United Spinal Association
Stadiums and arenas being planned and constructed today will provide accessibility features to better meet the needs of fans with disabilities. United Spinal Association has been working on several stadium projects in order to ensure compliance with the latest and greatest accessibility requirements provided in the revised ADA/ABA Accessibility Guidelines, the International Building Code and the International Code Council’s American National Standard for Accessible and Usable Buildings - A117.1. Responding to accessibility modifications mandated by the Department of Justice (DOJ) in their existing stadium, the New York Yankees instructed HOK Sports Architects and United Spinal Association to work with New York City’s very active disabled community to solicit input on ways to make the new stadium as accommodating to Yankees’ fans with disabilities as possible. All suggestions are reviewed by the design team – even if their inclusion would exceed existing city and federal accessibility requirements. “One suggestion that made a lot of sense was from a wheelchair user who requires oxygen during events. By simply adding an electrical receptacle within the wheelchair viewing location, he will be able to plug-in his medical equipment,” Yankees’ ADA Coordinator Carol Laurenzano said. Beyond the increased number of wheelchair viewing locations required by New York City’s accessibility requirements Local Law 58, the stadium will have the requisite lines of sight over standing spectators for wheelchair users, whose viewing locations will also be integrated throughout the seating bowl. Although not required by city and federal accessible requirements, many fans with disabilities have requested unisex toilet rooms for privacy and to assist family members with disabilities. These accessible family toilet rooms are required by the International Building Code (IBC) for large Assembly and Mercantile occupancies. Even though the IBC has not yet been adopted in New York City, these accessible single-use toilet rooms will be featured on all levels of the stadium. The stadium will also feature large electronic display boards on the first and third base facades that will be dedicated to captioning public address announcements for fans with hearing disabilities. The ADA’s Accessibility Guidelines do not provide specific requirements on the need to provide this type of equivalent communication. Many pro stadiums, ballparks and arenas accommodate people with hearing disabilities by distributing hand-held devices that provide text messages of public address announcements to avoid competing with the revenue that can be generated by using the display boards as advertising space. Providing these accessibility features is much less of a challenge than ensuring that they can be utilized by the people they were designed to benefit. The Department of Justice (DOJ) allows venues to sell wheelchair viewing locations on a level when all the able-bodied locations on that level are sold. DOJ does not permit ticket-sellers to ask people requesting wheelchair viewing locations for proof of their disability. In venues that sell-out their stadiums on a regular basis, ticket scalpers gobble-up the wheelchair viewing locations and sell the seats to able-bodied fans. This is most frustrating to long-time Yankees fan Kevin Feighery, whose daughter uses a wheelchair. “Nothing is more frustrating then going to a game and seeing only able-bodied individuals in areas dedicated for wheelchair users and their families,” Feighery said. “Overcoming DOJ’s self-identification restrictions, while ensuring that the relatively limited number of accessible locations are available to those who need them the most is the real challenge.” While the needs of wheelchair users and people with hearing disabilities can be met in measurable ways, the game experience of individuals with visual disabilities goes well beyond signage with contrasting colors identifying spaces and way finding surfaces from parking and public transportation. Vision impairments range from total blindness to degrees of low vision. Contrary to the beliefs of many, individuals who are blind and vision impaired can derive equal benefit and equally participate in the ballpark game experience with certain reasonable accommodations. For those who require such accommodations, lacking them pose insurmountable barriers. Individuals with low vision using adaptive technology require unobstructed sight lines and close proximity to the playing field, which also provides access to the sounds of the game. Instantaneous audio description is normally provided by local radio broadcasts and made available on the stadiums’ Assistive Listening Devices on an alternate channel. Certain low vision fans require access to video displays to review replays. Protection from foul balls and bats is essential, as many blind and vision impaired attend the games without sighted companions. Guide Dog users require an appropriate amount of space for their canine partners. Rick Morin, Board Member of the Council of Citizens with Low Vision International, points out that "…. ADAAG specifications for the location and configuration of wheelchair accessible locations are appropriate for many individuals who are blind and partially sighted. Individuals who are blind and vision impaired represent roughly 10 percent of the total disabled community and a pragmatic approach to accommodating individuals with vision impairments is to make a limited number of wheelchair accessible locations available to the blindness community." Rick encourages dialogue between DOJ, stadium owners and cross-disability groups to arrive at a workable solution for all members of the disabled community. The Assembly Area Task Force of the A117.1 committee has used the existing Yankee Stadium as a venue for meetings. The task force is comprised of staff members of the United States Access Board, the International Codes Council, representatives of disability organizations, theater-owners and designers of assembly areas. The goal of the committee is to ensure that updates proposed to the 2008 edition of A117.1 are consistent with the accessibility requirements of the updated Americans with Disabilities Act Accessibility Guidelines (ADAAG). In order to make compliance with accessibility requirements easier, the Access Board has sought to harmonize its updated accessibility guidelines for new or altered facilities covered by the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) with the IBC and A117.1. The more stringent aspects of both standards have also been referenced along with New York City’s accessibility requirements (Local Law 58) at the new home of the New York Mets – Citi Field. Careful consideration to providing access has been emphasized at unique fan attractions, like platforms that provide viewing of the bullpen and baseball diamonds right within the new ball park. Both the new Yankee Stadium and Citi Field are scheduled to be ready for Opening Day – 2009.
The U.S. Justice Department Publishes Guidance On ADA Compliance
Department of Justice (DOJ) is preparing guidance material for use by state and local governments in complying with the Americans with Disabilities Act (ADA). The “ADA Best Practices Tool Kit” provides guidance on identifying barriers to access in government programs, services, activities, and facilities and how to correct them. The first installment, released in December, provides an overview of the ADA and relevant regulations. A second section covers notice and grievance procedures and includes a compliance checklist and sample notices and policies. The information is posted on DOJ’s website at: www.usdoj.gov/crt/ada/pcatoolkit/abouttoolkit.htm. Additional installments will be posted throughout the year as they become available.
Accessibility Services Provides Instruction at AIA Orange County’s 2006 “CES Catch-Up Conference”
By Jennifer Perry, Compliance Specialist
On December 14, 2006, United Spinal Association presented a continuing education program for AIA member in Orange County, California entitled “Update: State and Federal Accessibility Requirements”. The goal of this program was to provide AIA members with an overview of the Revised ADA/ABA Accessibility Guidelines, released by the US Access Board on July 26, 2004. Accessibility Services has provided a similar program for a number of AIA sponsored conferences, including, AIA Illinois, AIA Georgia, AIA South Atlantic Region (Tennessee, North Carolina, South Carolina and Georgia), and AIA New York. The program was held at The Atrium Hotel, Irvine, California and qualified for two (2) AIA/CES Learning Units applicable towards Health, Safety and Welfare (HSW) credit. AIA Orange County hosts this annual event in order to benefit the design community by allowing individuals to meet their end-of-the-year AIA membership and various state licensing education requirements. The Accessibility Services program’s Leaning Objectives included: Participants will develop an understanding of the scoping differences between ADAAG and the revised Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines; Participants will understand the major changes between current ADAAG and the Revised ADA/ABA Accessibility Guidelines, and how to apply them to specific projects/areas, including:
	Press boxes Employee work areas Assembly areas Toilet rooms
Accessibility Services was honored to be a part of this Chapter’s continuing education programming, and we enjoyed meeting the Orange County design professionals. While Accessibility Services has provided instruction on state and federal accessibility requirements nationwide, this was our first continuing education program that was provided in conjunction with an AIA California Chapter. We look forward to meeting and working with other California AIA Chapters and providing technical assistance, consulting and training on state and federal accessibility requirements to other California AIA members. Should you wish to learn more about Accessibility Services and our programs, please contact Jennifer Perry at 610.757.0044 or via email at jperry@unitedspinal.org
Updates On Barrier-Free Design Publications
Many of you have copies of our Barrier Free Design publications. The following two publications are still current and can still be used: Barrier-Free Design: Selected Federal Laws and ADA Accessibility Guidelines and Barrier-Free Design: New York City. If you need additional copies of these two publications, you may call (800) 444-0120 or e-mail: publications@unitedspinal.org and place an order for a charge of $10 per copy. Three of our publications are out of date and will not be reprinted. They are Barrier-Free Design: New York State, Barrier-Free Design: New Jersey, and Barrier-Free Design: Pennsylvania.
Tough Technical Questions
By Linda Volpe, Compliance Specialist
Accessibility Services’ staff spends a great deal of time answering technical questions in response to calls, emails and posts on our online Accessibility Requirements Forum. Answering technical questions keeps all of us up-to-date with city, state and federal requirements and gives us an idea of which requirements are the most confusing to architects, design professionals and code officials. Once in a while, we receive a question that really gets us digging in the code books, looking for the correct answer. We wanted to share a few of these questions with you, in hopes that you’ll learn something new, just like we did. Do any requirements exist governing the location of kick plates on doors? The Americans with Disabilities Act Accessibility Guidelines (ADAAG) provides the following guidance in its appendix regarding the location of kick plates on doors: A4.13.9 Door Hardware. Some disabled persons must push against a door with their chair or walker to open it. Applied kick plates on doors with closers can reduce required maintenance by withstanding abuse from wheelchairs and canes. To be effective, they should cover the door width, less approximately 2 in (51 mm), up to a height of 16 in (405 mm) from its bottom edge and be centered across the width of the door. Is visual contrast ever required on stairways? The revised ADA/ABA Accessibility Guidelines provides an advisory note in Section 504.4 on tread surface, which recommends providing visual contrast on tread nosings so that stair treads are more visible for people with low vision.
Advisory 504.4 Tread Surface. Consider providing visual contrast on tread nosings, or at the leading edges of treads without nosings, so that stair treads are more visible for people with low vision.
The ICC/ANSI A117.1-2003 requires visual contrast of dark-on-light or light-on-dark on the leading 2 inches of the tread. 504.5 Nosings. The radius of curvature at the leading edge of the tread shall be ½ inch (13 mm) maximum. Nosings that project beyond risers shall have the under side of the leading edge curved or beveled. Risers shall be permitted to slope under the tread at an angle of 30 degrees maximum from vertical. The permitted projection of the nosing shall be 1 ½ inches (38 mm) maximum over the tread or floor below. The leading 2 inches (51 mm) of the tread shall have visual contrast of dark–on–light or light–on–dark from the remainder of the tread. If you have any unanswered technical questions, Accessibility Services invites you to visit our online Accessibility Requirements Forum: http://www.accessibility-services.com/category/forum/
Fair Housing Act Requirements for Exterior Accessible Routes
By John Rooney Compliance Specialist
The Fair Housing Amendments Act (FHAA) was signed into law on September 13, 1986 and expands the protections found in Title VIII of the Civil Rights Act of 1968, which prohibits discrimination on the basis of race, color, religion, sex or national origin in housing sales, rentals or financing. The FHAA extends the prohibition of discrimination to persons with a disability and families with children. One aspect of the Fair Housing Amendments Act is the design requirements for newly constructed multifamily dwellings. Structures with four or more dwelling units that are built for first occupancy after March 13, 1991 are subject to the design requirements of the Fair Housing Act. The Fair Housing Act Guidelines contain seven design requirements for multifamily housing that is covered by the act. The focus of this article is Requirement 1, which requires at least one building entrance on an accessible route, unless it is impractical to do so because of terrain or unusual characteristics of the site. The burden of establishing that site impracticality exists is on whoever designs and constructs multifamily covered by FHAA. Accessible exterior routes are required by the Guidelines to be provided from public transportation stops, accessible parking spaces, accessible passenger loading zones, and public streets and sidewalks to accessible building entrances unless it can be shown that it is impracticable due to terrain or unusual characteristics. During the planning stage all of the different ways that people arrive at a site must be considered in order to ensure compliance with FHAA requirements. The Guidelines also require exterior accessible routes to all facilities, elements and spaces that are part of common and public use areas. Examples include, but are not limited to, outside mailboxes, playgrounds, gazebos and refuse disposal facilities. There are two tests that can be used to determine if site impracticality due to difficult terrain exists on a site. The two tests are the Individual Building Test and the Site Analysis test. There is also a test to determine if the FHAA requirements can be reduced in sites with unusual characteristics. The latter is used in sites located in areas such as a federally designated flood-plain or a coastal high-hazard area. It is important to understand the scope of where and when exterior accessible routes are required and to properly use the aforementioned tests to determine if site impracticality can be considered. For a complete and thorough understanding of the FHAA requirements and the proper use of site impracticality tests it is a good idea to review the Fair Housing Act Design Manual. This publication can be obtained in a PDF format at the following link: http://www.huduser.org/Publications/pdf/fairhousing/fairintro.pdf
TECHNICAL STUFF
Question: If you provide a parallel approach to a lavatory within a Type B, Option A bathroom, does the cabinetry have to be removable? Answer: If you provide a parallel approach to the lavatory then the removable base cabinet is not required. Please note that the 30" by 48" clear floor space is required to be centered on the lavatory. If a front approach is provided then a base cabinet (if provided) has to be removable and knee and toe clearances are required. Below is the applicable section in the ICC/ANSI A117.1-2003: 1004.11.3.1.1 Lavatory. A clear floor space complying with Section 305.3, positioned for a parallel approach, shall be provided. The clear floor space shall be centered on the lavatory. EXCEPTIONS: 1. A lavatory complying with Section 606. 2. Cabinetry shall be permitted under the lavatory provided such cabinetry can be removed without removal or replacement of the lavatory, and the floor finish extends under such cabinetry.

By Dominic Marinelli, Director, Accessibility Services

United Spinal Association continues to expand the locations where their Accessibility Services team provides Accessibility Training to code enforcement officials, design professionals, safety managers and builders. As one of the longest tenured education providers for the American Institute of Architects (AIA), providing continuing education to architects since 1988, the team will now be able to provide continuing education to code enforcement officials in those jurisdictions that reference the International Building Code as education partners of the International Codes Council (ICC).

Courtesy of the International Codes Council

The ICC is a membership association dedicated to building safety and fire prevention that develops the codes used to construct residential and commercial buildings, including homes and schools. Most U.S. cities, counties and states that adopt codes choose the International Codes developed by the ICC - see green states in map above.
For the past year, United Spinal Association has been working with the ICC on the presentation of trainings in jurisdictions whose codes for multi-family dwellings are not as restrictive as the requirements of the Federal Fair Housing Amendments Act (FH Act).

These non safe harbor states were identified as part of a Fair Housing Initiatives grant that the two organizations received from the US Department of Housing and Urban Development (HUD). For more information on this initiative please visit: http://www.iccsafe.org/safety/fairhousing/

The first classes that United Spinal provided as education providers for the ICC were presented at the Riviera Hotel and Casino in Las Vegas, Nevada on September 6th & 7th and focused on the latest state and federal accessibility requirements for commercial and methods to achieve compliance with the FH Act for residential occupancies.

For additional information on Continuing Education on Accessibility Requirements please contact Dominic Marinelli at 716-828-9139 or dmarinelli@unitedspinal.org

By Linda Volpe, Compliance Specialist

About the Conference

Accessibility Services participated in the 2006 International Codes Council (ICC) Annual Conference in Orlando, Florida. During this twelve-day conference, interested individuals or groups participate in hearings by either supporting or opposing code change proposals to various International Codes, including but not limited to, the International Building Code (IBC), the International Existing Building Code (IEBC), the International Fire Code (IFC) and the International Residential Code (IRC). These proceedings offer an opportunity to openly debate code change proposals before a committee comprised of representatives from across the construction industry, including code regulators and construction industry representatives, ensuring a consensus of the construction community in the decision-making process.

One major advantage of ICC’s consensus-based code development process is that it allows both the ICC code development committees and eligible voting members at the code change hearings to participate in establishing the results of each proposal. Voting members may either ratify the committee’s recommendation or make their own recommendation. The results of all votes are published in the report of the ICC code development hearings.

Eligible voting members of each of the model code groups review the recommendations of the ICC code development committee at their annual conference and determine the final action. Following consideration of all public comments, each proposal is individually polled by the eligible voters. The final action on the proposals in based on the aggregate count of all votes cast. This important process ensures that the International Codes will reflect the latest technical advances and address the concerns of those throughout the industry in a fair and equitable manner.

United Spinal Proposals

United Spinal Association was the proponent of several accessibility-related code changes to the IBC, IFC and IEBC. Here is a brief summary of our proposals:

• E38 Part II – this proposal that was approved by the Fire Safety Committee requires fire evacuation plans to include procedures for assisted rescue for persons unable to use the general means of egress unassisted; requires fire safety plans to include procedures for notifying, relocating or evacuating occupants who need assistance; and requires floor plans to identify exterior areas of rescue assistance.
• E75 – this proposal that was approved by the Means of Egress Committee clarifies landing requirements for ramps in Groups R-2 and R-3 occupancies (apartments).
• E176 - this proposal that was approved by the Means of Egress Committee ensures that accessible units in Group R-1 occupancies (transient occupancies) are offered the same bathing options as found in standard hotel/motel rooms.

Unfortunately, not all of our accessibility-related proposals were approved by the ICC committees. Accessibility Services will begin to work on modifying these proposals in hopes of getting them approved at the next round of hearings. There are two code changes in particular that we hope to see approved:

• G201 and G205 - these proposals that were disapproved by the Means of Egress Committee and the Existing Building Code Committee require Type B dwelling units in existing facilities undergoing a alterations or additions.
• E175 – this proposal that was disapproved by the Means of Egress Committee would add an exception that would permit Universal Units in lieu of Type A and Type B units. What is a Universal Unit? It’s essentially a Type B unit with two additional features: one adaptable bathroom based on ICC A117.1-1998 Type A requirements and maneuvering clearances at doors. In January, technical criteria for Universal Units will be proposed to the ICC A117.1 Development Committee.

Why are Universal Units a favorable option for builders and designers?

• Universal Units incorporate basic dimensional features for people with disabilities.
• Universal Units are more usable to people with disabilities than a Type B dwelling unit.
• Universal Units do not include the more costly features required by Type A dwelling units, including the kitchen and 32 inch clear width at doors.
• New York State has successfully implemented a requirement for “enhanced” Type B units, similar to Universal Units, since 2002.

What’s Next?

Accessibility Services plans on attending the ICC Codes Forum Final Action Hearings that are scheduled to take place May 21 -26, 2007 in Rochester, NY. Remember that any interested individual or group may submit a code change proposal and participate in the proceedings. Additional information about the ICC code development process can be found at: www.iccsafe.org. For additional information on United Spinal’s accessibility-related code proposals, please contact Linda Volpe at 518-945-1606 or lvolpe@unitedspinal.org.

By Jennifer Perry, Compliance Specialist

The Accessibility Advisory Task Group to the International Code Council (ICC) Government Relations Department was formed in order to provide a better understanding, by ICC, of individual and collective needs of the accessibility community with respect to the non-technical aspects of building codes and standards and identification of initiatives that should be undertaken by ICC to foster collaboration and meet those needs. The scope of activities of the Task Group includes: advocacy, policy direction, implementation of access standards, communications, outreach, and similar activities. Currently, the Accessibility Advisory Task Group is developing a letter to encourage the US Department of Justice to adopt the revised ADA/ABA Accessibility Guidelines that were published by the Access Board on July 26, 2004 and the Task Group is seeking the participation of disability organizations that are stakeholders in ensuring accessibility of the built environment.

The first meeting of the GR Accessibility Advisory Task Group (AATG) was held on January 5, 2006 and groups participating in the task group include: the United Spinal Association, Paralyzed Veterans of America, U.S. Access Board, National Council on Disabilities, and the Washington State Governor’s Committee on Disability Issues and Employment, among others. Action items initiated by the AATG include: encouraging greater participation from disability groups in the code development process; harmonizing the I-Codes with other federal requirements; and helping federal agencies, such as the Department of Justice, apply the accessibility provisions of the I-Codes in their own facilities.

The Task group is interested in broadening the types of disability groups represented on the committee in order to ensure that as many people with disabilities as possible are included in the group’s advisory efforts to ICC. The task group is currently seeking the participation of disability organizations that are interested in encouraging the US DOJ to adopt the revised ADA/ABA Accessibility Guidelines, as no action has been taken by DOJ to revise these regulations since the publication of the Advance Notice of Proposed Rulemaking (ANPRM) on September 30, 2004. The intent of this rulemaking is to adopt requirements consistent with the revised ADA Accessibility Guidelines published by the U.S. Access Board on July 23, 2004. The revised guidelines, which will apply to the design, construction and alteration of any private or public facility subject to the ADA, are the result of ten years of collaborative efforts between the federal government, disability groups, the design and construction industry, state and local government entities and codes and standards organizations, such as the ICC. The Accessibility Advisory Task Group members want to ensure that the revised guidelines become a DOJ enforceable standard in order to improve access for people with disabilities.

If you would like to learn more about the advocacy efforts of the Accessibility Advisory Task Group, or if your organization would like to be included in the Task Group’s letter to the US DOJ encouraging the adoption of the revised ADA/ABA Accessibility Guidelines, you may contact Jennifer Perry, Compliance Specialist, for additional information at jperry@unitedspinal.org.

By John Rooney, Compliance Specialist

Have you ever thought of pursuing professional certification, how the process works and how to go about it? A good place to start is the International Code Council (ICC). ICC offers a certification program in areas such as Residential Inspection, Fire Inspection and Code Enforcement and within in these categories there are subcategories such as Residential Plumbing Inspector, Fire Plans Examiner and Accessibility Inspector/Plans Examiner. Generally you can become certified by getting a passing score on an exam in the category of your choice. Certification is a way of demonstrating that you possess a basic level of competency and understanding in a specific category. This can be very attractive to current or prospective employers. Professional certification also shows a commitment to and knowledge of an individual’s specialized field.

I became certified as an Accessibility Inspector/Plans Examiner in 2001 and know first hand that it gives me a level of credibility when I answer technical questions or provide seminars for building code officials and architects. Although I used the codes and reference standards in my job everyday; preparing for the exam really added to my knowledge and abilities to apply that knowledge.

I became very interested in the examination development process and applied to ICC to be a member of the 2006 Accessibility Inspector/Plans Examiner Development Committee. I was chosen as an alternate for the 2006 committee and due to a committee member’s scheduling conflict I was able to participate in the annual committee meetings. This year the meetings were held in Las Vegas and ran from August 9 through August 11.

I had the good fortune of serving on a committee that consisted of dedicated, experienced individuals with a vast knowledge of the subject matter and testing process. The ICC staff members were invaluable to our work and provided guidance and direction that made our endeavor both productive and enjoyable. Our work involved checking to ensure that test questions were both relevant and valid base on recent changes of the code and reference standard. We also had to rate questions on their level of difficulty in order to ensure that the test measured competence and understanding reliably. The process was very interesting and I got a hand’s on appreciation of the work involved in making sure that the examination is fair, reliable and valid.

I found this committee work very fulfilling and as a result I have applied to be on the 2007 ICC Accessibility Inspector/Plans Examiner Development Committee. If you are interested in pursuing a professional certification or are interested in getting involved with committee service please visit the International Code Council website at: www.iccsafe.org/certification

By Kleo King, Program Counsel

United Spinal has a staff member who serves on the Courthouse Access Advisory Committee, which the Access Board organized to promote accessible courthouse design. The Committee is scheduled to present its recommendations to the Access Board at its meeting on November 15th. The Committee’s report will provide design solutions and best practices for ensuring access to courthouses, including courtrooms, which pose unique challenges to accessibility. The report will also include recommendations to the Access Board on effective ways to disseminate this information through various outreach and partnership opportunities.

Chartered in October 2004, the Committee’s 35 members include courthouse designers, disability groups, members of the judiciary, court administrators, and other interested persons. Over the past two years, the Committee met in different cities across the country and toured a variety of courthouses at each location to collect information upon which to base its recommendations. The Committee visited local, state, and Federal courthouses in Phoenix, Chicago, San Francisco, Miami, Boston, and Washington, D.C.

The Committee’s recommendations will provide guidance on achieving accessibility in courthouses without compromising traditional and necessary design features. The Committee will also propose strategies for promoting this guidance through websites, design guides, training, and outreach. For further information, visit the Access Board’s website at www.access-board.gov/caac/index.htm.

By Dominic Marinelli and Linda Volpe

During the past year, United Spinal Association has worked with the PepsiCo family, which includes Pepsi, Frito-Lay, Quaker Oats, Gatorade and Tropicana, to improve employment opportunities and accessibility for people with disabilities.

The initiative began during the fall of 2005 when the leadership of PepsiCo invited United Spinal to participate in a day-long meeting focusing on the varying abilities of employees and customers. Throughout the day, staff members from United Spinal discussed issues impacting people with disabilities with PepsiCo management.

“We were specifically asked if we could do site assessments and think ‘outside the box,’ Kleo King, United Spinal’s Associate Executive Director for Accessibility Services said.

“The answer was a resounding ‘yes!’”

United Spinal began to work with PepsiCo’s Enable Network on identifying ways to better accommodate an employee with a disability who may work in one of the many different types of employment areas offered by PepsiCo. .

The goal of the Enable Network is to provide guidance that ensures the inclusion of people with different abilities in all aspects of PepsiCo’s business and culture, including employees, consumers, partners and suppliers. In addition, the Enable Network advocates externally by leading through example.

“Our Enable Network also focuses on enabling people with different abilities to fully demonstrate their capabilities by eliminating or reducing physical and cultural job barriers across our company and by expanding recruitment and professional development opportunities,“ PepsiCo’s Manager of Facilities Planning, Constance Van Rhyn said.

Members of United Spinal Association’s Accessibility Services team began to apply their experience in accessibility requirements and barrier-free design to what would often be exempt areas and facilities.

“While making suggestions to improve access to public spaces and offices within the Pepsi family was easy, what the Enable group asked us for was to apply the Basic Principles of Accessibility to their industrial settings, to the actual assembly-lines where their beverages and snack products were packaged, “Clair Hesselton, United Spinal’s President said.

“Our Accessibility Specialists were asked to make suggestions on ways where an assembly line could accommodate a wheelchair user or how important messages could reach employees with hearing disabilities who could not hear intercom announcements over the noise level of all the machinery.”

So far, United Spinal has reviewed and provided comments to improve access provided at PepsiCo’s Gatorade Facility in Indianapolis, the headquarters campuses for Frito-Lay in Plano, Texas and Quaker-Tropicana-Gatorade in Chicago, and Tropicana’s manufacturing complex in Bradenton, Florida.
“Things that we never considered before – like the height of emergency eye-wash stations that would have to be lowered if we hired a wheelchair user to work on one of our grade level assembly-lines, or how everyone would benefit from the addition of visually contrasting color strips on stairs (risers) to raised areas of the plant,” Lance Oxley; Indianapolis/Gatorade Plant Manager said.

In some instances, where it was possible to make accommodations to a work area, the great distance between facilities within the Tropicana plant complex was a problem.

“It was extremely hard to identify an exterior accessible route to the different buildings in Bradenton,” Linda Volpe, United Spinal Compliance Specialist said.

“There are literally miles between some of the buildings.”

A potential solution – purchase an accessible golf cart so an employee with a disability can get from place to place easier.

“Everyone uses a golf cart to get around the Tropicana complex, “Dan Tellor, Plant Engineering Manager of the Bradenton/Tropicana facility said.

United Spinal’s Accessibility Services staff will present an update on a variety of accessibility issues and applications to plant and facility Managers at PepsiCo headquarters in Purchase, New York on Friday, September 29th. To emphasize the mission of the Enable Network, United Spinal will also present workshops on Florida’s Unique Accessibility Requirements to design and code enforcement professionals at Tropicana’s state of the art conference spaces to host upcoming workshops on accessibility requirements.

In addition to the work Accessibility Services is doing with PepsiCo, United Spinal is also developing a presentation on Disability Etiquette with PepsiCo’s Human Resources Department.

“The past year working with PepsiCo has been rewarding and we expect to continue and expand our relationship in the future, “said Hesselton.

Question:

If I convert existing residences into a Bed and Breakfast, do I have to provide accessible bedrooms, accessible bathrooms and an accessible route to these areas?

Answer:

The Americans with Disabilities Act Guidelines (ADAAG) has an exception that is commonly referred to as the “Bed and Breakfast” exception. Section 9.1.1 of ADAAG states that accessibility is not required for “an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such an establishment as the residence of such proprietor.”

If your conversion does not meet the definition of a Bed and Breakfast that is provided in Section 9.1.1 of ADAAG, then Section 9.1.5 of ADAAG would be applicable.

Section 9.1.5 of ADAAG requires that at least one accessible sleeping room or suite is provided for every 25 sleeping rooms, or fraction thereof, of rooms being altered until the number of such rooms provided equals the number of accessible rooms required by section 9.1.2. In addition there are requirements to accommodate persons with hearing disabilities.

This answer is based on ADA requirements. Please refer to your state and local building code in order to determine if there are more stringent requirements in your jurisdiction.

Design professionals and code enforcement officials have long benefited from United Spinal Association’s free technical assistance for compliance with a variety of state and federal accessibility requirements. The team has established a toll-free technical assistance hot-line (1-866-249-2441) to compliment our Accessibility Requirement’s web-forum, where questions and issues on accessibility are posted and discussed on a routine basis. The forum can be accessed on the Accessibility Services web-site: www.accessibility-services.com

Part of our great tradition and the key to providing insight into the most detailed of accessibility requirements is that United Spinal Association’s Accessibility Services Staff are involved in the development of a variety of Federal, National and Local Accessibility Requirements.

Our work includes:

• Residential Task Force – This committee is dedicated to the coordination between the residential accessibility requirements between ICC ANSI A117.1; the Revised ADA/ABA Accessibility Guidelines; and the Federal Fair Housing Amendment Act’s Accessibility Guidelines.

United Spinal Association’s goal is to contribute to the development of a
Universal Unit to not only improve the adaptable features within a dwelling unit for people with disabilities, but to simplify the confusing requirements impacting these units so that home designers and builders can achieve compliance. In addition, technical requirements to address the visit ability movement (basic accessibility features for single-family homes) are being developed.

For more information on United’s involvement in this committee please contact dmarinelli@unitedspinal.org

• Assembly Area Task Force – This committee is dedicated to ensuring that there is consistency between ICC ANSI A117.1 and the Revised ADA ABA Accessibility Guidelines. It is a key component that contributes to the ACS team’s consulting work on stadiums and arenas.

For more information on United’s involvement in this committee please contact dmarinelli@unitedspinal.org

• Accessibility Advisory Task Group of the International Codes Council (ICC) This committee has been established to coordinate federal civil rights laws with building codes. United Spinal Association’s goal is to contribute to codifying federal accessibility requirements (i.e., Section 504 of the Rehab Act of 1973).

For more information on United’s involvement in this committee please contact jperry@unitedspinal.org

• Harmonization of the International Building Code (IBC)
on developing code change proposals to improve the consistency with the Revised ADA/ABA Accessibility Guidelines for the 2007 edition of the IBC and beyond.

For more information on United’s involvement in this committee please contact jrooney@unitedspinal.org

• Harmonization of the Revised ADA/ABA Accessibility Guidelines
This committee’s work focuses on ensuring that the 2008 edition of the ICC A117.1 standard is as consistent as possible with the Revised ADA ABA Accessibility Guidelines. ACS staff is responsible for comparing a variety of sections (parking, drinking fountains, etc) so that consistency between these accessibility requirements can be maintained and improved.

For more information on United’s involvement in this committee please contact lvolpe@unitedspinal.org

• Safety Standard for Platform Lifts and Stairway Chairlifts
Senior Designer Carlos Rivera was named as member of the ASME A18.1 committee. ASME A18 is committed to the development and maintenance of standards covering the design, construction, installation, operation, inspection, testing, maintenance, alteration, and repair of inclined stairway chairlifts and inclined and vertical platform lifts intended for transportation of a mobility impaired person.
For more information on United’s involvement in this committee please contact crivera@unitedspinal.org

• Accessible Court Committee – US Access Board
The United States Access Board created the Courthouse Access Advisory Committee to improve accessibility for persons with disabilities to all aspects of courthouses. The goal of the Courtroom Access Subcommittee is to promote accessibility in the design of courtrooms and ancillary areas. This goal is 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, including jury boxes, jury deliberation rooms, witness stands, spectator seating areas, judge’s benches, judge’s chambers, court clerk stations, and detaining cells.

For more information on United’s involvement in this committee please contact kking@unitedspinal.org

Please allow me to introduce myself. My name is Linda M. Stango and I am a resident of Rochester, New York. As a registered architect with 24 years of diverse experience in the public and private realm I recently joined the Accessibility Services staff at United Spinal Association. My expertise in accessibility issues and code enforcement will hopefully be a benefit to the organization and the clients we serve.

Prior to joining United Spinal Association, I was the Commissioner of Community Development for the City of Rochester. My position provided me the occasion to work with many grass roots neighborhood organizations on planning projects, capacity building and quality of life issues. My accomplishments included the initiation of an “Aging in Place” program in corporation with the Partners for Livable Communities. One outcome was the development of a rehabilitation program for seniors, which emphasized home modifications that increased accessibility and safety.

I started my tenure with the Department of Community Development 19 years ago, as a senior architect, with a primary focus on plan review and building code issues. This included the harmonization of local codes and the zoning ordinance with state regulations. As a certified NYS Code Enforcement Official (for 18 years), I enjoy the challenge of balancing code issues and design considerations. As an example, while working on the City’s ADA Compliance - Survey and Transition Plan, I assisted in the evaluation of Rochester’s City Hall; a National Register Richardson Romanesque building constructed in 1880. The building required modifications that had to be accomplished without adversely affecting its architectural integrity. It is this sense of balance of appropriate design solutions and code compliance that I enjoy and will bring to the Accessibility Services team.

I have served as president of the Rochester Chapter of the American Institute of Architects, Chairperson of the Building Official and Code Administrator’s (BOCA) national convention and a member of the BOCA Evaluation Services Technical Committee.

I look forward to the opportunity of bringing my creativity, professionalism and ambition to United Spinal Association.

A great deal of our work at Accessibility Services involves plan reviews. We conduct reviews in order to ensure compliance with the accessibility requirements of applicable Federal laws and state building codes. Our plan review work has included stadiums, multi-family housing, office buildings, and college campuses. We have conducted reviews of new construction as well as renovations and/or additions to existing buildings and facilities.

There are always issues that come up time and time again that violate accessibility requirements. A common design mistake involves the clearance requirements for water closets located in commercial toilet rooms. Typically, the violation is a result of a lavatory encroaching on the clearance required around the water closet.

There are a couple reasons that design errors occur. The main reason is a conflict between the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and ICC/ANSI A117.1. ADAAG is applicable on a national basis. ICC/ANSI A117.1 is a standard referenced by building codes – primarily the International Building Code (IBC) which has been adopted in most states throughout the country.

Designers have to be mindful of the aforementioned conflict in jurisdictions that have adopted the ICC/ANSI A117.1. The specific conflict is between Section 4.16.2 of ADAAG (Figure 28) and Section 604.3.1 of ICC/ANSI A117.1-2003 (Figure 604.3.1).

Figure 28 from ADAAG permits the distance between the leading edge of the lavatory and the centerline of the water closet to be anywhere from 18 inches minimum to 48 inches minimum depending on the direction of the approach.

This is in contrast with the ICC/ANSI A117.1 which does not permit the distance between the leading edge of the lavatory and centerline to be 18 inches minimum. The range of this dimension is between 42 inches and 44 inches minimally. The range of 42 to 44 inches is because Section 604.3 of ICC/ANSI A117.1 permits the distance between the center line of the water closet and the adjacent wall to be 16-18 inches.

Another reason for errors is the mistaken belief that the allowances for clearances to overlap found in Section 604.3.2 of ICC/ANSI A117.1 permit lavatories to encroach on the clear floor space of requirements of the water closet. This is clearly prohibited in Section 604.3.1: No other fixtures or obstructions shall be within the water closet clearance.

In the tug of war between accessibility standards, please note that ADAAG 4.22.2 does not permit the bathroom door to open into the clear floor space required for a fixture, whereas the A117.1 does, when a clear floor space is provided within the bathroom beyond the arc of the door.

If you are designing a toilet room in a jurisdiction that references ICC/ANSI A117.1 remember, that the requirements for the clear floor space for a water closet located in a toilet room are more restrictive than ADAAG. If you have any questions or comments about this topic or other accessibility issues please contact John Rooney at jrooney@unitedspinal.org.

Most retail establishments are covered under Title III of the Americans with Disabilities Act (the ADA) and as covered entities they must comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG). Recently, access to goods and services in retail stores has taken center stage via two (2) large settlements - one with RadioShack and the other with Kmart. This article is meant to serve as a reminder to those individuals that design, construct and manage retail facilities, that compliance with Sections 4.1 – 4.35 and Section 7 of ADAAG are mandated by the ADA.

Last June, two RadioShack customers with disabilities and the Disability Rights Council of Greater Washington, Inc. (DRC) announced a historic settlement of their lawsuit
under the ADA against RadioShack, one of the nation’s leading electronics retailers. The settlement applies to the more than 5,000 stores owned and operated by RadioShack nationwide, and is the first settlement of its kind to address a crucial new issue in disability rights – access to interactive electronic displays, such as displays for camcorders, PDAs, music keyboards, wireless phones, internet centers, digital cameras and laptop and desktop computers.

As a result of the settlement, among other things, RadioShack stores will make their interactive displays accessible, ensure that aisles are 36 inches wide and clear of merchandise, stores will be surveyed and made ADA compliant; the DC area stores will perform accessibility assessments to identify barriers to accessibility; and, at least one register in every RadioShack store will have a credit/debit card reader that is accessible to customers who cannot reach the counter. In addition to these items, management and staff will also undergo accessibility training and RadioShack will retain an ADA Consultant proposed by the DRC who will review RadioShack’s store prototype plans, sales counters, and interactive displays.

In a separate settlement, Kmart will pay $13 million in damages to shoppers with disabilities in Colorado and six other states and will make all its U.S. stores accessible under a class-action settlement announced on March 14, 2006.
Kmart spokesman Chris Brathwaite stated “We settled because the new Kmart management thought it was appropriate to work with plaintiffs’ counsel to develop an action plan for bringing our stores into compliance with federal design standards created to make places like our stores more accessible for disabled customer.” Brathwaite also added “Ongoing improvements such as wider aisles and better inventory management will continue to make Kmart a pleasant shopping environment for all shoppers.”
The settlement agreement calls for Kmart to bring all its stores into compliance with the ADA over 7 1/2 years after approval of the agreement. Nationwide, Kmart stores will institute policies to ensure that shoppers who use wheelchairs or scooters have access to merchandise, counters, restrooms, fitting rooms and parking at all its stores. Kmart also added an innovative idea to the settlement agreement: the use of two-way communication devices in its stores to let shoppers with disabilities ask for help in retrieving merchandise.
These two settlements highlight the importance of thinking about both the architectural design of retail establishments as well as the operational policies instituted to display merchandise. Policies such as keeping aisles clear of merchandise to ensure that an accessible route is maintained throughout stores goes a long way in ensuring that people with disabilities have a pleasant shopping experience. Should you have any questions about retail establishments and accessibility compliance, please feel free to contact Jennifer Perry at jperry@unitedspinal.org.

APPROACH, ENTER AND EXITS

Our department receives many questions concerning the accessibility requirements of employee work areas. The Americans with Disabilities Act (ADA) and the 2003 International Building Code (IBC) requires that employee work areas be designed and constructed so that individuals with disabilities can approach, enter and exit the work area.

According to the 2003 IBC and the Revised ADA/ABA Accessibility Guidelines, elements within individual work stations are not required to be accessible, with the exception of the following three requirements:

• Common use circulation paths within employee work areas shall be accessible routes.

• If the employee work area is provided with audible alarm coverage, the wiring systems shall be designed so that visible alarm notification appliances can be integrated into the alarm system.

• Employee work areas shall be provided with an accessible means of egress.

Elements within individual work stations, such as built-in counters and shelves are not required to be at accessible heights. Employers who hire people with disabilities who can perform the “essential functions” of the job are required to make “reasonable accommodations” to that employees work area.

The IBC commentary describes an individual work station in a laboratory as an example.

Installing sinks and built-in counters at accessible levels could make the station impractical for use by a person without a disability. When an individual work station is required to be adapted for an individual, it would be revised based on the individual’s specific needs and abilities. An accessible route to each work station in the laboratory would be required so that access to and from that station would be available.

EXEMPTIONS

Both the 2003 IBC and the revised ADA Accessibility Guidelines exempt smaller work areas (defined by IBC as an area less than 150 square feet and by ADAAG as an area less than 300 square feet) that are elevated 7 inches or more above the ground or finish floor where the elevations essential to the function of the space. The IBC commentary provides the following examples: a raised area around a metal stamping machine, a safety manager’s observation station on a production line or the pulpit area in a church.

The 2003 IBC does not require common use circulation paths within employee work areas less than 300 square feet and defined by permanently installed partitions, counters, casework or furnishings to be accessible routes. The revised ADA Accessibility Guidelines includes the same exception but for employee work areas that are less than 1,000 square feet. Both guidelines exempt common use circulation paths from being accessible routes if they are either located within employee work areas that are an integral component of work area equipment or if they are located within exterior employee work areas that are fully exposed to weather.

REASONABLE ACCOMMODATION

When designing employee work areas, employers should keep in mind that individual work stations may have to be retrofitted to meet the specific needs and abilities of a current employee who becomes temporarily or permanently disabled or a new employee with a disability that is hired. Although not required, by making employee work areas more accessible or adaptable at the outset, employers can avoid more costly retrofits. By purchasing furnishings that can easily be adjusted to accessible heights, counters and shelving units will not have to be replaced. Should you have any questions about retail establishments and accessibility compliance, please feel free to contact Linda Volpe at lvolpe@unitedspinal.org.

QUESTION:
Are states obligated to make hiking trails in state parks accessible under the Americans with Disabilities Act?

ANSWER:
Yes - there is an obligation under Title II of the Americans with Disabilities Act (ADA) to make public areas accessible when altered. Additionally, Section 504 of the Rehabilitation Act of 1973 requires that facilities altered with federal funds must be made accessible. The United States Access Board published accessibility guidelines for outdoor developed areas, including accessible walking surfaces, in its revised ADA/ABA Accessibility Guidelines. Although these guidelines are not yet enforceable, they are your best resource for accessible trail surface materials. You can visit the Access Board’s website at www.access-board.gov to locate this information.

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 acce