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Implementing the “New” ADA and DOJ Regulations

A Policy Tele-Institute for Higher Education

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Session 2: Exploring the 2010 Standards for Accessible Design:

Facilities and the Physical Environment

Presenters

John A. Catlin, FAIA, LCM Architects

Irene Bowen, ADA One, LLC

L. Scott Lissner, The Ohio State University

November 2, 2010

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Presenters:John H. Catlin, FAIALCM ArchitectsChicago, Illinois

• Founding Partner, LCM Architects - Architecture, Accessibility Consulting & Universal Design• Past Chair, U.S. Access Board• AHEAD presenter and trainer• Fair Housing First trainer• Chicago Building Code, Co-chair, Subcommittee on Accessibility• Illinois Accessibility Task Force

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Presenters:

Irene Bowen, J.D.ADA One, LLC

• President of ADA One, LLC• Consulting, training, speaking• ADA, ABA, section 504• Self-evaluations and transition plans, policy compliance

• Former Deputy Chief, Disability Rights Section, DOJ• Former Deputy General Counsel, US Access Board• Co-founder, National Center for Law and Deafness• AHEAD presenter and trainer (national, state)• Board member, National Association of ADA Coordinators• Part-time senior policy advisor with LCM Architects

• City of Chicago title II plan• Higher education: reviews and plans

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Presenters:

L. Scott Lissner

The Ohio State University• University ADA Coordinator & 504 Compliance Officer

- Associate, John Glenn School of Public Policy- Lecturer at the Knowlton School of Architecture, Moritz College of Law & Disability Studies

AHEAD• President Elect• Co-Chair, Public Policy & Government Relations

CommitteeOTHER• Appointed, Ohio Governor's Council For People With

Disabilities• Chair, ADA-OHIO• Appointed, State HAVA Committee• Appointed, Columbus Advisory Council on Disability

Revisions to ADA regulations publishedSeptember 15, 2010

• President announced, and DOJ posted, final ADA regulations on July 26, 2010

• Published in Federal Register September 15, 2010• First major updates/revisions in 19 years• Two regulations

– Title II: State and local governments (title II), 28 CFR Part 35– Title III: Public accommodations and commercial facilities,

28 CFR Part 36• Regulations, appendices, standards are at DOJ’s ADA

web site (www.ada.gov).

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Agenda• Overview of DOJ’s regulations and

standards– Time frames, compliance date– Triggers– Safe harbors– Maintenance– Noncomplying facilities

• ADAAG – Format– Provisions

• Q and A

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New accessibility standards

“2010 Standards”• Wholesale adoption of 2004 ADAAG (Access

Board’s ADA Accessibility Guidelines) PLUSDOJ additions to 2004 ADAAG

• Will be published in “one book” version

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Beyond buildings: other changes

• Service animals• Mobility devices• Communication• Hotel reservations• Event ticketing• Certification process (state/local codes)• Complaint investigation

Time frames

“Effective Date” -- March 15, 2011

• Applies to almost everything BUT the Standards – Service animals– Mobility devices– (Not hotel reservation policies -- 18 months)

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…Time frames

“Compliance date” -- March 15, 2012

• New construction and alterations MUST comply with the Standards

• In the meantime, choose a standard for alterations and construction completed BEFORE the compliance date

– Title III: 1991 or 2010 Standards– Title II: 1991 Standards, 2010 Standards, or UFAS

(Uniform Federal Accessibility Standards)

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Challenges

• Learning the new Standards• Figuring out what to do in the next six months

or 18 months• Understanding the “safe harbors”

(new concept) • Modifying certain types of policies• Keeping up with other regulatory

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The Basics: DOJ adopts 2004 ADAAGand adds provisions

• Access Board’s guidelines become standards for new construction and alterations

• DOJ adds• Triggers and applicability

– Compliance date• Scope

– Fixed or built-in elements on a site– Figures, notes do not establish enforceable

requirements• Structural impracticability• Path of travel details• Noncomplying new construction and alterations

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…The Basics: DOJ includes provisions that are not in ADAAG

• Assembly areas• Medical care facilities• Housing at a place of higher education

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The Basics: The “20% rule” applies under title II now

• Alterations to primary function area must also provide “path of travel”

• Disproportionality = more than 20%

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Triggering events

• Title II – Start of physical construction or alterations, 35.151(c)

• Title III tied to permits, if granted, 46.406(a)– If state/local/county government requires permits,

date that last application for building permit or permit extension certified complete

• If government doesn’t certify completion of applications, then date of last application for permit or extension

– If government doesn’t require permits, start of physical construction or alterations

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“Start of physical construction or alterations”

Does not include• Ceremonial groundbreaking• Razing structures prior to site preparation

NOT NOT

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Alterations: title II

• “Path of travel” requirement now applies under title II too. 35.151(b)(2) and (4).– AKA 20% Rule: if you alter a “primary function area,”

you have to comply with alterations standards for that space, plus spend up to 20% on path of travel accessibility (route to space, restrooms, drinking fountains, phones)

• Structural impracticability

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…Title II and III alterations:

Safe Harbor

SAFE HARBOR

• Alterations don’t trigger requirement to alter elements of path of travel that already comply with the 1991 Standards.

• Title II: 35.151(b)(4)(ii)(c)

• Title III: 36.403(a)(1)19

Maintenance

Maintenance of Accessible Features:• Not in “Standards” sections• Sections 35.133(c) and 36.211 (c) of General

Requirements: If the Standards reduce the technical or scoping

requirements for an element below what the 1991 Standards required, the technical or scoping standards may be reduced per 2010 Standards.

• Example: 1991 Standards require 4% of seats to have ALD’s in auditorium. 2010 require only 2%. You can reduce existing number to 2%. 20

Existing facilities: safe harbor

Program accessibility (title II)• Basic requirement stays:

– Every program must be accessible when viewed in its entirety

– Whether something is “accessible” is measured by reference to Standards

• The “measure”/reference point changes (1991, 2010)

…Existing facilities: safe harbor

• New “safe harbor”: elements complying with UFAS or 1991 Standards don’t have to be altered just for sake of program access even after March 2012– Areas not addressed in 1991 but addressed in

2010 are not subject to safe harbor: recreation, play areas, etc.

• Barrier removal (title III): similar safe harbor

Using the safe harbor

• Document existing elements complying with 1991 Standards (or UFAS if title II)

• If changes are required, remove barriers to program access (or title III barriers) under 1991 or 2010 Standard considering safe harbor

Noncomplying facilities

• Facilities and elements constructed or altered before March 15, 2012, but not in compliance with Standards, shall be made accessible in compliance with either 1991 Standards (or UFAS) or 2010 Standards.

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At Last!

New ADA Standards

ADA/ABA Accessibility Guidelines - 2004

Harmonization

ICC/ANSI A117.1-2003 IBC 2003

A Rule in 3 Parts

Contents

• Chapter 1: Application

• Chapter 2: Scoping

• Chapters 3 – 10: Technical

New Format

• Numbering system • New figures

(informational only)

• All dimensions in text (not just figures)

• New advisory notes follow provision

2010 ADA Standards

• 104 Conventions104.1 Dimensions Dimensions that are not stated as amaximum or minimum are absolute.

104.1.1 Construction and Manufacturing Tolerances All dimensions are subject to conventional industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points.

Accessible Routes

No accessible route if no pedestrian route is provided.

If circulation path is interior, accessible route must be interior

In performance areas, where a direct circulation route from seating areas is provided, a direct accessible route must be provided

Accessible Routes

New Elevator Exceptions: Public (state or local government) facilities (2

story) - if 1 story not open to public and an occupant load of 5 or less (206.2)

Limited Use/ Limited Application (LULA) (206.6)

Accessible Routes: Press Boxes

New exception for small press boxes: 500 sq ft or less (aggregate area)

Current Standard Accessible route so an employee can approach, enter and exit employee area

New Standard Common use accessible circulation path required through the work area if space is > 1000 sf.

ADA Work AreasADA Work Areas

ADA Work Areas

General Exception: Work areas less than 300 sq ft and

elevated at least 7 in. AFF and

where the elevation is essential to the function of the space

Curb Ramps (406)

Detectable Warnings – no requirement

[ A future rulemaking on public rights-of-way to revisit issue.]

Parking (208)

Van Spaces - 1 of 6 accessible spaces

Side Reach Range (308.3)

New Maximum Side Reach Range – 48” AFF

New Minimum Side Reach Range – 15” AFF

Current Standard 54” max to 9” min

New Standard 48” max to 15” min

Toilet and Bathing Facilities (213)

• 50% of clustered toilet rooms

• Urinals - access where > 1 provided

• Exception for hospital critical and intensive care

Toilet and Bathing Rooms (603)

Door can swing into clearances at fixtures if 30 in. by 48 in. clear floor space is beyond arc of the door

Watercloset Centerline (604)

Current Standard Exact 18” centerline

New 2010 Standard 16” - 18” centerline

Current Standard - Edge of lavatory to be a minimum of 18” from water closet centerline

New Standard – 60” clear from side wall to any object

Watercloset Clear Floor Space

1991 ADA Standard

New 2010 ADA Standard

Toilet Rooms & Water Closets (603 & 604)

Where a fixture is recessed, a 24 in. rear wall grab bar is allowed in lieu of a 36” in.

No Alternate Stalls

Current Standard - Allows the use of alternate stalls for alterations

New Standard – No reference to alternate stalls in alterations

Ambulatory Accessible Compartments

Width: - 35”- 37” (not 36” absolute)

Depth: - 60” min.

Lavatories and Sinks (606)

Current Standard – Apron clearance (29” min.) required

New Standard Apron clearance removed. Only 27” knee clearance required

Grab Bars

12” min. clearance above grab bar

1 ½” min. below grab bar

Shower Compartments

Allowed: 1/2” max. beveled threshold in roll-in showers 2”curb for transfer showers in existing

facilities only where floor slab affected

Assembly Areas

Fewer wheelchair spaces for assembly areas with > 500 seats

501 – 5,000 seats: 1 space/ every 150 seats (instead of 1%)

> 5,000: 0.5%

Assembly AreasOther Changes: One companion seat per wheelchair space

Companion seat can be movable

Fewer designated aisle seats (5% of aisle seats provided, instead of 1% of total seats)

Lawn seating – provide accessible route

In performance areas, where a direct circulation route from seating areas is provided, a direct accessible route must be provided.

Accessible Seating Locations

Lines of sight over seated/ standing spectators

Additional DOJ provisions

• Stadiums, arenas, and grandstands: dispersed to all levels served by accessible routs

• Encircling field of play or performance area: dispersed

• No temporary platforms; exception: entire section (removable seats)

• Specific line of sight provisions for stadium-style movie theaters

Sections 35.151(g) and 36.406 (f)

Housing at places of education

• New definition of housing at a place of education in 35.104, 36.104 includes dormitories, suites, apartments, etc. at all levels of education

• Two categories, 36.406(e)– Generally, comply with transient lodging requirements

(residence halls and similar), 224 and 806– Apartments or townhouses leased year-round to graduate

students or faculty (if no areas for educational programming) must comply with residential facility standards, 223 and 809

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Housing at places of education

DOJ:• When mobility-accessible unit or floor with such

units has a kitchen, kitchen shall have turning spaces and accessible work surfaces that comply with 809.2.2 and 804.3

• Multi-bedroom units with mobility-accessible sleeping rooms shall have accessible route throughout units per 809.2

• Sections 36.406(e), 35.151(f)

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Housing Residence Halls (224 Scoping) (806 Technical)

Meet new requirements for Transient Lodging - 2%-4% Mobility & 4% - 9% Communication- Living & dining areas- Common kitchens - turning space and accessible counters - Accessible route to connect all spaces & elements- At least one bathroom per unit/all common bathrooms- All passage doors in all rooms (not just the accessible Rms.)- Visual alarms (if required)

Meet Fair Housing Act

Meet Sect. 504 (Title II)

Housing Apartments & Townhouses (233 Scoping) (809 Technical)

Meet new requirements for Residential Facilities - 5% Mobility & 2% Communication- Accessible route to connect all spaces & elements- Turning space in all rooms served by accessible route- Kitchen- At least one bathroom- Visual alarms (if required)

Meet Fair Housing Act

Meet Sect. 504 (Title II)

Recreation Facilities

• amusement rides (234)• recreational boating facilities (235)• exercise machines (236)• fishing piers and platforms (237)• golf facilities (238)• miniature golf facilities (239)• play areas (240) • saunas and steam rooms (241)• swimming pools, wading pools, and spas (242)• shooting facilities with firing positions (243)

Recreation Facilities

• amusement rides (234)• recreational boating facilities (235)• exercise machines (236)• fishing piers and platforms (237)• golf facilities (238)• miniature golf facilities (239)• play areas (240) • saunas and steam rooms (241)• swimming pools, wading pools, and spas (242)• shooting facilities with firing positions (243)

Recreation Facilities

Exercise Machines & Equipment (236)

At least one of each type of Exercise Machines & EquipmentShall comply with 1004.

Recreation Facilities

Play Areas (240)

Play areas for children 2 and over shall comply.

- Percentage of play components (ground or elevated)

- Ground surfaces

Recreation Facilities

Swimming Pools, Wading Pools, and Spas (242)

Swimming pools, wading pools, and spas shall comply with 242

- Accessible means of entry

Resources and handouts

• DOJ web site www.ada.gov– Final regulations – Fact sheets:

• Title II rule: http://www.ada.gov/regs2010/factsheets/title2_factsheet.html

• Title III rule: http://www.ada.gov/regs2010/factsheets/title3_factsheet.html

• 2010 Standards: http://www.ada.gov/regs2010/factsheets/2010_Standards_factsheet.html

…Resources and handouts• Access Board web site:

http://www.access-board.gov/ada/index.htm • Tips for the Transition to 2012, from ADA One,

LLC

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QUESTIONS AND ANSWERS

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John H. Catlin, FAIALCM Architects509 South Wabash Ave.Suite 509Chicago, Illinois 60605

Web site: www.lcmarchitects.comEmail: jcatlin@lcmarchitects.com

312.913.1717 x230 (O)312.913.1727 (F)

CONTACT

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Irene Bowen, J.D.President, ADA One, LLC9 Montvale CourtSilver Spring, MD 20904

Web site: http://ADA-One.com Email: IreneBowen@ADA-One.com

301 879 4542 (O)301 236 0754 (F)

CONTACT

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L. Scott Lissner, ADA Coordinator, The Ohio State University 1849 Cannon Drive Columbus, OH 43210-1266 Lissner.2@OSU.EDU Http://ada.osu.edu

(614) 292-6207(v); (614) 688-8605(tty) (614) 688-3665(fax);

CONTACT

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Other opportunities

NAADAC webinars• November 3: ADA Standards - Admin. Provisions, Accessible

Routes, & Building Blocks • November 10: ADA Standards - Common Space & Element

Types and Communications • November 17: ADA Standards - Toilets, Bathing, Kitchens, &

Plumbing Elements • December 1: ADA Standards - Specialized Rooms, Spaces &

Elements Incl. Residential & Rec. To register and for more information:

http://www.krm.com/NAADAC (direct registration) or http://askjan.org/naadac/ (NAADAC website)

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Next session

• Session 3 - Program Access and Changes in the ADA’s Title II and III Regulations

Tuesday, November 16, 2010