Thursday, June 3, 2010

The Future of Accessibility & What It Means to You


by Thomas Small, AIA
Principal / Director of Architecture


In July of 1994, the US Department of Justice published ground-breaking regulations in a document titled “28 CFR Part 36” pertaining to nondiscrimination on the basis of disability by public accommodations and in commercial facilities, including both new construction and alterations. The more common term for the regulations is widely known as the “ADA Standards for Accessible Design”, or the “ADAAG”. Appendix A of this document provided the basic parameters from which accessibility design has been followed since, and includes the now well-known requirements for the “5-foot toilet stall” and similar standards.

The ADA is not a building code, but rather civil rights law which is enforced by the Department of Justice (DOJ). However, many local jurisdictions and some states have adopted all or part of the ADAAG into their building code by reference, and Chapter 11 of the 2009 International Building Code (IBC) contains similar regulations with respect to accessibility, including references to the International Code Council American National Standard A117.1, the accessibility standard as defined by the ICC model code.

In July of 2004, a comprehensive update to the ADAAG was completed by the Access Board. However, the original standards as issued by the DOJ remain in effect (with revisions) pending the adoption of new standards which are to be based on the updated 2004 ADAAG. So, what does this mean for you?

If you’re a building owner or manager, the effects of the 2004 ADAAG include the following:
· Whereas the original 1994 ADAAG included only adult dimensions and anthropometrics, the updated 2004 ADAAG includes technical requirements for children also.
· The original 1994 ADAAG included a provision that allowed for “conventional building industry tolerances for field conditions”, revised in the 2004 version to state “dimensions that are not stated as maximum or minimum are absolute”. Therefore, if the thickness of tile on the walls of your toilet stall reduce the total clear width to 4’-11 ¾”, you won’t be in compliance.
· In restaurants, the 1994 ADAAG allowed an exception for access to mezzanine dining areas which were no more than 33 percent of the total accessible seating areas. The 2004 ADAAG reduces this allowable mezzanine seating area to 25 percent.
· The number of accessible public building entrances required in the 1994 ADAAG was at least 50%. This has been increased to 60% in the 2004 ADAAG. Therefore, if you had 2 building entrances and only one is accessible, you are no longer in compliance with the revised Guidelines.
· The cross-slope of and accessible route (including sidewalks) was limited to 1:50 in the 1994 ADAAG. The 2004 ADAAG has reduced the maximum cross-slope to 1:48.

These are bit a few examples of the various changes to the ADAAG in the current 2004 Guidelines, required once the adoption of the new Standards is made official by the Department of Justice. The Small Group recommends that any new projects incorporate the 2004 ADAAG as a minimum design standard in order to ensure full compliance with the imminent new Standards will be met.

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