PART ONE TBR Remediation Efforts
Guide for Public Universities and Colleges for spending grants and funding allocated for Compliance with Title l, II and III 2010 Standard (ADA ABA)
HISTORY GRANTS HAVE BEEN GIVEN TO THE STATES OVER THE YEARS SPECIFICALLY ALLOCATED FOR BRINGING SCHOOLS INTO COMPLIANCE WITH THE FEDERAL ADAAG
TENNESSEE BOARD OF REGENTS HAVE DIVIDED THESE FUNDS UP AMONG THE COLLEGES IN THE TBR SYSTEM FOR THE PURPOSE OF CORRECTING COMPLIANCE ISSUES ON THE TBR SYSTEM CAMPUSES
TO HELP GIVE DIRECTION TO THE FACILITIES COORDINATORS IN ESTABLISHING AN EFFECTIVE REMEDIATION PLAN THAT GETS THE MOST DONE FOR GRANT DOLLAR TBR HAS PDS AMERICA PERFORMING ACCESSIBILITY AUDITS AT ALL COMMUNITY COLLEGES IN THE TBR SYSTEM
FOCUS WILL BE ON MAIN CAMPUSES
AUDIT REPORTS TO GIVE FACILITIES PERSONNEL A GAME PLAN FOR SPENDING THE ALLOCATED GRANT MONIES.
Grants • Provided yearly if available (federal or state) • Correct problems in order of PRIORITY – TIMELINE • Keep working the recommended GAME PLAN until all work is done • May take 10 years
NO FUNDS? No remediation! • Rely on existing reasonable accommodation policies until funds are available again.
QUESTIONS ? ? ?
Current Section of ADAAG that govern State Universities and Colleges
CODE NOTE REMEDIATION AUDITS WILL USE LANGUAGE IN 2010 STANDARD SPECIFICALLY FOR REMEDIATION PROJECTS BECAUSE THE NEW LAW SPELLS OUT SPECIFIC BREAKS AND SAFE HARBOR REQUIREMENTS FOR TITLE ll FACILITIES
• Title I – Employees & Staff • Title II – Program Accessibility • Title III – Public Accomodations
Title I Employees & Staff • • • Staff offices Staff work areas Staff lounges Staff area toilets Coaches locker rooms
Title II Program Accessibility • Primary Function – – – Classrooms Labs Art Rooms Music Rooms Locker Rooms • Support – Registration office – Student Center – Computer Labs
Title III Public Accommodation • Campus Theatres • Sports Facilities • Libraries – (when open to public) • Planetarium • Walking Trails
Existing Facilities • 2010 Standards passed July 23, 2010: The ADA and ABA guidelines cover new construction and planned alterations and generally do not apply to existing facilities, except where altered With respect to ABA facilities, the Board has clarified in the guidelines that facilities built to earlier ABA standards are subject to the new requirements only in relation to planned alterations.
• Title II requires programs, services or activities to be readily accessible when viewed in their entirety; it also allows publicly owned colleges and universities to make programs and activities available to HC students without extensive retrofitting of their existing buildings by offering programs through alternative methods. • This practice is commonly referred to as “reasonable accommodation”.
FACTOID: SCHOOLS DON’T HAVE TO BRING THEIR BUILDINGS INTO ADA COMPLIANCE, THEY JUST CAN’T OFFER PROGRAMS THAT ENROLL HC STUDENTS THERE.
Contradictory Rules?
Reasonable Accomodation Alternative Method Option ADAAG gives to colleges and universities under Title II.
Examples of Reasonable Accommodation • • • Move classroom to accessible building Move class to main campus Pay for transportation to another school Provide special equipment Move award program to gym floor when HC stage not available. • Provide shuttle from HC parking
Main Issue with Current Campuses
PREVIOUS REMEDIATION EFFORTS WERE DONE UNDER SCOPING FOR 28 CFR PART 36 AND NOT TITLE ll WHICH USES 28 CFR 35
28 CFR 36 • Sec. 36. 304 Removal of barriers. • (a) General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i. e. , easily accomplishable and able to be carried out without much difficulty or expense.
28 CFR PART 35 • Consistent with section 204(b) of the Act, this regulation adopts the program accessibility concept found in the section 504 regulations for federally conducted programs or activities (e. g. , 28 CFR Part 39).
The concept of "program accessibility" was first used in the section 504 regulation adopted by the Department of Health, Education, and Welfare for its federally assisted programs and activities in 1977. It allowed recipients to make their federally assisted programs and activities available to individuals with disabilities without extensive retrofitting of their existing buildings and facilities, by offering those programs through alternative methods.
Program accessibility has proven to be a useful approach and was adopted in the regulations issued for programs and activities conducted by Federal Executive agencies. The Act provides that the concept of program access will continue to apply with respect to facilities now in existence, because the cost of retrofitting existing facilities is often prohibitive.
• Section 35. 150 requires that each service, program, or activity conducted by a public entity, when viewed in its entirety, be readily accessible to and usable by individuals with disabilities.
Summary Section One • Most State Colleges receive Federal Dollars • Colleges Primarily Under Program Accessibility Rules of Title ll • Most colleges have buildings that existed prior to 1991 (First ADAAG passed) • Minimum requirements for program accessibility provided per Title ll • Many campuses and buildings do not meet minimum standards for Title ll
QUESTIONS ? ? ?
PART TWO Campus Accessibility Guide
Campus ADA Audits • Provided by TBR • Provides system wide remediation strategy related to existing conditions at each facility. • Provides priority time line for spending grant funds
Campus Accessibility Guide PURPOSE Helps ADA committees and facilities personnel understand requirements of Title I, II, & III as they are related to their campus and also better understand the remediation steps and recommendations provided in Campus Audit Reports
Steps Toward a Smart Remediation Plan • Physical Site – Audit • Buildings built before 1991 • Buildings built 1991 to 2009
First priority, to make campus Program Accessible Physical Site Arrival Points Bus Stops HC Parking Passenger Loading Zone -Accessible paths from arrival points to HC building entrances. - Connector paths between buildings
WAY FINDER MAPS
Accessible Path Components • HC Parking – slopes & signage • Accesible path – run slope & cross slope, plus surface • Ramps & curb ramps in path • Protruding objects • Compliant signage • Maintenance issues
Second Priority, Buildings built before 1991. Basic Program Accessibility Components - Accessible Entrance - Accessible Path in building - Compliant Drinking Fountains - Compliant toilets, each sex or one HC unisex toilet -One accessible classroom or lab of each type -Accessible staff offices or accessible meeting room
Types of Classrooms • • General Lecture Halls Music Rooms Art rooms (one of each type) Labs (one of each type) Computer Labs (where computer classes taught) Specialty Rooms – Dressing rooms – Make up rooms – Lab prep rooms
Alterations/Additions • Not required under ADAAG on existing buildings, but when done – must meet requirements for new construction in CURRENT STANDARD
Example • Lab Renovation – Law says renovation must be on accessible path and toilet rooms and drinking fountains serving remodeled or new space must be accessible.
QUESTIONS ? ? ?
PART THREE Current LAW And 2010 Standard
Currently TBR Uses: IBC 2006/ANSI 2003 AND 1991 ADAAG WHEN MORE STRINGENT
2010 STANDARD
The 2010 Standard mirrors the ANSI text, details and numbering system. Much of the new requirements in the 2010 Standard were already required in ANSI 2003. There are still slight differences in many sections so careful sections and highlighting of differences is recommended.
GUIDELINES BACKGROUND • Americans with Disabilities Act (ADA) 1990 • The Architectural Barriers Act (ABA) 1968
Architectural Barriers Act 1968
2010 Standard Combines both ADA and ABA scoping into one code book with a technical requirements section referenced by both.
• Under newly updated law the old ADAAG will be referred to as 1991 Standard • The new combined ADA ABA will be known as 2010 Standard
U. S. ACCESS BOARD An independent Federal Agency Developed and Updated the new 2010 Standard
Under 2010 Standards: • Private Entities – Use ADA Scoping • Federal Entities – Use ABA Scoping • State & Local Entities – May use ADA OR ABA Scoping • All Jurisdictions – Use Chapters 3 -10 for Technical Requirements
2010 STANDARD EFFECTIVE DATES - DOJ • These final rules will take effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. The Department has prepared fact sheets identifying the major changes in the rules.
This means TBR designers may begin using the 2010 standards March 15, 2011 but are required to on all projects pulling permits after March 15, 2012.
For Accessibility Requirements From now until March 15 , 2011 use the current TBR code - IBC Chapter 11 with ANSI 2003. After March 15, 2011 use the 2010 Standard for projects designed for TBR
TBR WILL BE PROVIDING MORE INFO ON CODE CHANGES AND EFFECTIVE DATES BOTH ON ITS WEB SITE AND AT THE 2011 FACILITIES COORDINATOR MEETING
QUESTIONS ? ? ?
END
2004 Changes to ADA-ABA Accessibility Guidelines Alberto Garcia-Paz Lexander Reina
U. S. ACCESS BOARD An independent Federal Agency üDevelops üUpdates accessibility guidelines for new or altered facilities covered by ADA, ABA, in both public and private sectors.
GUIDELINES BACKGROUND • Americans with Disabilities Act (ADA) 1990 • The Architectural Barriers Act (ABA) 1968
GOALS OF THIS UPDATE • Update specifications to continue to meet the needs of persons with disabilities. • Improving the format and usability of the guidelines to facilitate compliance. • Harmonizing the guidelines with model building codes and industry standards. • Making the requirements for ADA and ABA facilities consistent.
When will the new guidelines take effect? • The Board’s guidelines are not mandatory on the public, but instead serve as the baseline for enforceable standards (which are) maintained by other Federal agencies. In this respect, they are similar to a model building code in that they are not required to be followed except as adopted by an enforcing authority. Under the ADA, the Department of Justice (and in the case of transit facilities, the Department of Transportation) are responsible for enforceable standards based on the Board’s guidelines. These agencies will update their ADA standards based on the new guidelines. In doing so, they will indicate when the new standards are to be followed. Several other agencies (the General Services Administration, Department of Defense, Department of Housing and Urban Development, and the U. S. Postal Service) hold a similar responsibility for standards used to enforce the ABA.
Organization and Format The updated guidelines feature: • a new numbering system consistent with model codes • a more streamlined structure and organization of chapters • updated scoping and technical provisions, with a greater structural delineation between them • new figures and commentary (advisory information) • provision of all figure-based information in written text
Supplements to ADAAG • The Board previously developed supplements to the original ADA guidelines that are specific to different types of facilities and elements: • state and local government facilities, including courthouses and prisons (1998) • building elements designed for children’s use (1998) • play areas (2000) • recreation facilities (2002) • These supplements are included in the new guidelines. They have been revised for consistency with the format and approach of the new document, but their substance remains unchanged.
Layout of Document CONTENTS PART I: ADA APPLICATION AND SCOPING ADA CHAPTER 1: APPLICATION AND ADMINISTRATION ADA CHAPTER 2: SCOPING REQUIREMENTS PART II: ABA APPLICATION AND SCOPING ABA CHAPTER 1: APPLICATION AND ADMINISTRATION ABA CHAPTER 2: SCOPING REQUIREMENTS PART III: TECHNICAL CHAPTERS CHAPTER 3: BUILDING BLOCKS CHAPTER 4: ACCESSIBLE ROUTES CHAPTER 5: GENERAL SITE AND BUILDING ELEMENTS CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES CHAPTER 7: COMMUNICATION ELEMENTS AND FEATURES CHAPTER 8: SPECIAL ROOMS, SPACES AND ELEMENTS CHAPTER 9: BUILT-IN ELEMENTS CHAPTER 10: RECREATION FACILITIES
CHAPTER 3: BUILDING BLOCKS 301 General 302 Floor or Ground Surfaces 303 Changes in Level 304 Turning Space 305 Clear Floor or Ground Space 306 Knee and Toe Clearance 307 Protruding Objects 308 Reach Ranges 309 Operable Parts
Toe Clearance Requirements
Knee Clearance Requirements
Lowered Side Reach Requirements by 6”
CHAPTER 4: ACCESSIBLE ROUTES 401 General 402 Accessible Routes 403 Walking Surfaces 404 Doors, Doorways, and Gates 405 Ramps 406 Curb Ramps 407 Elevators 408 Limited Use/ Limited Application Elevators 409 Private Residence Elevators 410 Platform Lifts
Change in 180 -degree Turn
Clear Space at Recessed Doors
Clarification of Consecutive Doors
• Advisory 405. 7 Landings. Ramps that do not have level landings at changes in direction can create a compound slope that will not meet the requirements of this document. Circular or curved ramps continually change direction. Curvilinear ramps with small radii also can create compound cross slopes and cannot, by their nature, meet the requirements for accessible routes. A level landing is needed at the accessible door to permit maneuvering and simultaneously door operation.
EXTENDED FLOOR or GROUND: Edge Protection
• 410. 6 Doors and Gates. Platform lifts shall have low-energy power-operated doors or gates complying with 404. 3. Doors shall remain open for 20 seconds minimum. End doors and gates shall provide a clear width 32 inches (815 mm) minimum. Side doors and gates shall provide a clear width 42 inches (1065 mm) minimum. • EXCEPTION: Platform lifts serving two landings maximum and having doors or gates on opposite sides shall be permitted to have self-closing manual doors or gates.
CHAPTER 5: GENERAL SITE AND BUILDING ELEMENTS 501 General 502 Parking Spaces 503 Passenger Loading Zones 504 Stairways 505 Handrails
Accessible Van Space
Access Path Width
Larger and Different Handrail Shapes Allowed
Advisory 505. 4 Height. The requirements for stair and ramp handrails in this document are for adults. When children are the principle users in a building or facility (e. g. , elementary schools), a second set of handrails at an appropriate height can assist them and aid in preventing accidents. A maximum height of 28 inches (710 mm) measured to the top of the gripping surface from the ramp surface or stair nosing is recommended for handrails designed for children. Sufficient vertical clearance between upper and lower handrails, 9 inches (230 mm) minimum, should be provided to help prevent entrapment.
CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES 601 General 602 Drinking Fountains 603 Toilet and Bathing Rooms 604 Water Closets and Toilet Compartments 605 Urinals 606 Lavatories and Sinks 607 Bathtubs 608 Shower Compartments 609 Grab Bars 610 Seats 611 Washing Machines and Clothes Dryers 612 Saunas and Steam Rooms
Flexibility in Plumbing Location
Overlapping Clearance in Residential Modification
Specific Designs for Tubs and Showers
Hand Held Shower Heads 607. 6 Shower Spray Unit and Water. A shower spray unit with a hose 59 inches (1500 mm) long minimum that can be used both as a fixed-position shower head and as a hand-held shower shall be provided. The shower spray unit shall have an on/off control with a non-positive shut-off. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. Bathtub shower spray units shall deliver water that is 120°F (49°C) maximum.
Appliance Requirements
CHAPTER 7: COMMUNICATION ELEMENTS AND FEATURES 701 General 702 Fire Alarm Systems 703 Signs 704 Telephones 705 Detectable Warnings 706 Assistive Listening Systems 707 Automatic Teller Machines and Fare Machines 708 Two-Way Communication Systems
CHAPTER 8: SPECIAL ROOMS, SPACES, AND ELEMENTS 801 General 802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats 803 Dressing, Fitting, and Locker Rooms 804 Kitchens and Kitchenettes 805 Medical Care and Long-Term Care Facilities 806 Transient Lodging Guest Rooms 807 Holding Cells and Housing Cells 808 Courtrooms 809 Residential Dwelling Units 810 Transportation Facilities 811 Storage
Pass Through Kitchens
U-Shaped Kitchens
CHAPTER 9: BUILT-IN ELEMENTS 901 General 902 Dining Surfaces and Work Surfaces 903 Benches 904 Check-Out Aisles and Sales and Service Counters
CHAPTER 10: RECREATION FACILITIES 1001 General 1002 Amusement Rides 1003 Recreational Boating Facilities 1004 Exercise Machines and Equipment 1005 Fishing Piers and Platforms 1006 Golf Facilities 1007 Miniature Golf Facilities 1008 Play Areas 1009 Swimming Pools, Wading Pools, and Spas 1010 Shooting Facilities with Firing Positions
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