Chapter 3- Americans With Disabilities Act (ADA) and Residential Buildings

Requirements for New Residential Buildings: * In buildings that are ready for fi rst occupancy after March 13, 1991, and have an elevator and four or more units:

- 1. Public and common areas must be accessible to persons with disabilities 2. Doors and hallways must be wide enough for wheelchair 3. All units must have: a. An accessible route into and through the unit b. Accessible light switches, electrical outlets, thermostats and other environmental controls c. Reinforced bathroom walls to allow later installation of grab bars and d. Kitchens and bathrooms that can be used by people in wheelchairs.

Alteration

- A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. - Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicle ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of wall are full-height partitions. - Normal maintenance, reroofing, painting or wallpapering, or changes to the mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

Path of travel

- A continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

Disability

- A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. - The ADA also makes it unlawful to discriminate against a person based on that person's association with a person with a disability

Residential Dwelling Unit

- A unit intended to be used as a residence, that is primarily long-term in nature. Residential dwelling units do not include transient lodging (hotels).

Ramp

- A walking surface that has a running slope steeper than 1 to 20

Americans with Disabilities Act of 1990 (ADA)

- A wide ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. - Act is divided into five sections called titles: 1) Title I - Employment 2) Title II - Public Services: State and Local Government 3) Title III - Public Accommodations and Services Operated by Private Entities 4) Title IV - Telecommunications 5) Title V - Miscellaneous Provisions

What must be provided within residential units of buildings containing four or more units?

- Accessible routes are required in residential buildings with greater than 4 units. - Lifts, automatic operators, and push buttons may not be needed or required.

Universal design (UD)

- Also known as 'inclusive design' and 'design for all', this is an approach to the design of products, places, policies and services that can meet the needs of as many people as possible throughout their lifetime, regardless of age, ability, or situation.

According to the Survey of Income and Program Participation (SIPP) data:

- Approximately 54 million Americans have a disability.

Primary function areas

- Areas housing the major activities for which a facility was intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out. - Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function.

Changes in Level (Pt 2)

- As an alternative, change in levels that are up to ½" may be beveled at the top ¼" at a 45-degree angle (shown in the diagram below).

Doors in a series

- As you can see in the diagram above, the most amount of space is required when the doors swing into the space between the doors. In contrast, the least amount is required when the doors do not swing into the space between the doors.

Bathtubs:

- Bathtubs require a minimum clear space of 30" parallel to the bathtub, (in which a lavatory can be placed). - Bathtubs should be installed with a permanent seat or a removable seat. - Grab bars are typically required for bathtubs; however, grab bars are not required for bathtubs in residential dwelling units. - If grab bars are installed, the top of the grab bar must be between 33" and 36" above the floor. - This clear space allows handicapped individuals to maneuver from a wheelchair, into the bathtub. The following diagram show the required clearances:

Handicap Car parking spaces

- Car parking spaces must be a minimum of 96" wide, while van parking spaces must be at least 132" wide (if no side access aisle is provided). - The parking spaces must be marked to discourage nonhandicap drivers from parking in them.

Title V - Miscellaneous Provisions

- Contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefi ts, prohibition against retaliation and coercion, illegal use of drugs, and attorney's fees. - Provides a list of certain conditions that are not to be considered as disabilities.

The 30"x48" minimum clear floor space requirement is used in the design of what?

- Corridors - Doors - Elevators

Sides of Curb Ramps

- Curb ramps must not exceed a slope of 1:12, while fl ared sides (where provided) should not exceed a slope of 1:10.

Curb Ramps/ Curb Cuts

- Curb ramps, also referred to as curb cuts, are used to allow handicap access to sidewalks. - Since a sidewalk may be 6" - 12" above the street, the curb and sidewalk needs to be modified to allow for wheelchair access. - This is accomplished by inserting a ramp into the sidewalk. - Common locations of curb ramps include: - street corners, where a cross-walk meets the sidewalk, or where a parking lot meets the sidewalk in front of a building. - It is important to note that curb ramps cannot project into vehicular traffi c lanes, parking spaces, or parking access aisles.

The following is a list of conditions provided by the Equal Employment Opportunity Commission, which should easily be concluded to be a disability:

- Deafness, - blindness, - an intellectual disability, - partially or completely missing limbs or mobility impairments requiring the use of a wheelchair, - autism, - cancer, - cerebral palsy, - diabetes, epilepsy, - HIV, - multiple sclerosis, - muscular dystrophy, - major depressive disorder, - bipolar disorder, - posttraumatic stress disorder, - obsessive compulsive disorder, - and schizophrenia.

Title I - Employment:

- Designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. - Applies to employers with 15 or more employees. - Requires employers to provide reasonable accommodations to qualified applicants or employees. A "reasonable accommodation" is a change that accommodates employees with disabilities without causing the employer "undue hardship" (too much difficulty or expense). - Defines disability, establishes guidelines for the reasonable accommodation process, addresses medical examinations and inquiries, and defines "direct threat" when there is risk of substantial harm to the health or safety of the individual employee with a disability or others.

Readily achievable

- Easily accomplished and able to be carried out without much diffi culty or expense. Public accommodations are required to remove barriers when it is readily achievable to do so.

Elevator car dimensions

- Elevators are the primary means of vertical transportation for handicapped individuals. Therefore, ADA elevators must be large enough to accommodate a wheelchair. - The floor number must be provided along with an up or down arrow.

Bathrooms

- Enough clear space needs to be provided for an individual in a wheelchair to maneuver. - This goes back to what we discussed earlier in the 'Building Blocks' lesson of the course (circular and T-shaped fl oor clearances). - In addition, bathroom and toilet compartment doors generally cannot swing into the required clearance.

Department of Housing and Urban Development (HUD)

- Federal agency designated to enforce the Fair Housing Act (FHA).

Department of Justice (DOJ)

- Federal agency that has the authority to enforce all provisions of the Americans with Disabilities Act (ADA), but focuses primarily on ADA Title II (public services by State and local government) and ADA Title III (public accommodations).

Parking Spaces (ADA)

- For every six parking spaces provided, at least one should be a van parking space. -When handicap parking is provided, the parking spaces should be located on the shortest accessible route to a handicap compliant entrance of the building. - When more than one parking space is provided on-site, the number of handicap spaces shall be provided using the following table:

Grab bars:

- Grab bars for the toilets must be located on the side and rear walls. - In each case, the grab bar must be mounted 33" to 36" above the floor. - The side wall grab bar must be least 42" long and located no more than 12" from the rear wall.

Americans with Disabilities Act Accessibility Guidelines (ADAAG)

- Guidelines drafted by the Access Board that describe the minimum requirements that a building should exhibit in order to be accessible.

Parking Space Access Aisle

- Handicap parking spaces may be designed to include an access aisle. - Access aisles allow for easier access to a vehicle, and thus allow for narrower parking spaces. - Access aisles must be at least 60" wide and can be shared among adjoining handicap parking spaces

Alterations - Path of travel`

- If a building is altered (or renovated), a continuous path of travel must be maintain to the best extent feasible. - The intent of the continuous path of travel is to allow persons with disabilities to enter a building, get into and out of spaces where desired functions occur, and then exit the building. - Access to the restrooms, telephones, and drinking fountains serving the altered area must also be readily accessible to and usable by persons with disabilities.

The T-shaped turning space requirement

- Involves a space within a 60" square, with 36" deep arms. The following diagrams show the minimum T-shaped clearances:

What is the maximum kitchen counter height in an accessible kitchen?

- Kitchen counters must be a maximum of 34" above the floor - and at least 30" deep in a residential dwelling unit.

Landings at the top of curb ramps

- Landings are required at the tops of curb ramps. - The landing must be at least the width of the curb ramp and 36" deep. - The intent of the landing is to allow enough clear space for handicapped individuals and wheelchairs to maneuver before going down a ramp, or enough space to turn and maneuver when they get to the top of a ramp.

Lavatories:

- Lavatories must also comply with the standard clearance requirements, namely clear space for a forward approach (30" wide by 48" deep), and knee and toe clearance (discussed earlier in the course). - Finally, the rim or counter height of a lavatory or sink must be 34" maximum above the floor

Handicap Ramps

- Must be provided anytime there is a change in elevation greater than ½" - When a ramp is provided, the slope generally cannot exceed 1:12 - A handicap ramp can be broken down into two components, namely, the ramp run and the landing

Passenger Loading Zones and Bus Stops

- One passenger loading zone should be provided close to the accessible entrance - In bus loading zones (located at a bus stop), a designated area must be provided for the bus lift or ramp deployment.

The idea behind accessible routes is that a handicapped individual has the right to access all spaces that the rest of the population has access to...

- Otherwise, the designer or owner of a property will be discriminating against handicapped individuals. - In order to allow full access for handicapped individuals, various components of a site and building must be designed properly and according to the ADA design standards.

Accessible routes shall consist of one or more of the following components:

- Parking and drop-off areas, curb cuts, ramps, platform lifts, entrance doors, walking surfaces, corridors, stairs, elevators, and room doors.

Public accommodations

- Private entities that own, operate, lease, or lease to place of public accommodations. Places of public accommodation include restaurants, hotels, theaters, convention centers, retail stores, shopping centers, dry cleaners, laundromats, pharmacies, doctor's offi ces, hospitals, museums, libraries, parks, zoos, amusement parks, private schools, day care centers, health spas, and bowling alleys. - Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.

Title II - Public Services: State and Local Government

- Prohibits discrimination on the basis of disability by "public entities," which are programs, services and activities operated by state and local governments. - Requires public entities to make their programs, services and activities accessible to individuals with disabilities. - Outlines requirements for self-evaluation and planning; making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; identifying architectural barriers; and communicating effectively with people with hearing, vision and speech disabilities.

Title III - Public Accommodations and Services Operated by Private Entities

- Prohibits places of public accommodation from discriminating against individuals with disabilities. Public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor's offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on. - Sets the minimum standards for accessibility for alterations and new construction of commercial facilities and privately owned public accommodations. - It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. - Directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities. - Requires that businesses take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities.

In the sale and rental of housing, no one may take any of the following actions based on handicap

- Refuse to rent or sell housing - Refuse to negotiate for housing - Make housing unavailable - Deny a dwelling - Set different terms, conditions or privileges for sale or rental of a dwelling - Provide diff erent housing services or facilities - Falsely deny that housing is available for inspection, sale, or rental - For profit, persuade owners to sell or rent (also referred to as blockbusting) - Or, deny anyone access to membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing

Title IV - Telecommunications

- Requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. - Requires closed captioning of federally funded public service announcements.

Building Blocks of ADA design.

- Serve as a foundation and, in many ways, determine the space requirements needed when designing a fully handicapped accessible building.

What is the length of a ramp that rises 6" and has a slope of 1:12?

- Simply multiply the rise of the ramp by the slope. 6" multiplied by 12 (since the ramp is 1:12), equals 6'-0".

This document outlines the minimum requirements for newly designed and constructed or altered State and Local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities?

- The 2010 ADA Standards for Accessible Design is the go-to manual for design professionals, which is used to find the minimum ADA requirements.

Stairs

- The ADA has specific requirements for stair tread and stair risers. Risers are referred to as the vertical component of a stair, and treads are the horizontal component - The ADA requires that risers not exceed 7" in height, while treads cannot exceed 11" in depth.

When does the ADA apply?

- The ADA requirements applies to new construction and the altered portions of existing buildings. - Public accommodations and commercial facilities must follow the requirements of the 2010 Standards, including both the Title III regulations and the 2004 ADAAG

Toe Clearance:

- The ADA requires 9" of clear space between the fl oor and the bottom of an element for a minimum depth of 17" and a maximum depth of 25". - The minimum toe clearance width must be 30". - In addition, 9" of toe clearance must be provided beyond the available knee clearance

Knee clearance:

- The ADA requires knee clearances to allow wheelchairs to pull in under objects. - Knee clearances are measured under an element, between 9" and 27" above the ground (below 9" is considered a toe clearance). - They extend 25" under an object, at 9" above the floor. Finally, the clearance should be 8" to 11" deep, as shown in the diagram below.

he ADA Amendments Act was signed into law in this year?

- The ADA was amended in 2008.

Platform Lifts

- The alternative is to provide a platform lift when in close quarters, as platform lifts efficiently utilize space - The size of the platform lift is usually determined by following the clear space requirements. - In addition, lifts must also maintain an 80" vertical clearance at the top of the lift. - The door sizes must be at least 32" or 42" depending on the orientation of the lift. - When the door is located at the end of the lift, a 32" minimum door must be provided (since the wheelchair can move straight in and straight out). - When the door is located at the side of the lift, a 42" minimum door must be provided (since the wheelchair will have to turn to maneuver out of the lift).

Ramp Runs

- The clear width of a ramp (measured between the handrails) must be at least 36". - The maximum rise of any particular ramp run cannot exceed 30" (or 30'-0" in length). - Anytime a ramp reaches 30" in rise, a 60" deep landing must be provided. - When there is a change in direction in the ramp, the landing must be at least 60" x 60". - Finally, ramp runs with a rise greater than 6" must have handrails.

Entrance Doors and Room Doors

- The clear width opening for an accessible door must be at least 32". - However, it is important to note that Architects typically use 36" wide doors to satisfy ADA requirements because the clear width ends up being 32" (once you subtract the width of the door frame)

Clearance around toilets

- The clearance around toilets should be 60" from the side wall and 56" from the rear wall. - The ADA allows the clearance to overlap the toilet and grab bars, however, in public bathrooms, other bathroom fixtures cannot overlap. - This is the space needed by an individual with a wheelchair to get in and out of the wheelchair - In residential units, a lavatory may overlap the required clearance, but it must be located at least 18" from the center of the toilet, and the depth of the required clearance is increased to 66"

Maneuvering clearances

- The maneuvering clearance around doors is a major design consideration, as the clearance requirements often times dictate corridor widths (at least at either side of the door). - This leads to larger space requirements. These clearances are primarily used for wheelchair accessibility. - Clearance requirements are determined based on the 'push side' and the 'pull side - The push side is referred to when the door opens in the direction you are traveling. There must be at least 12" of clear space on the push side, at the latch of the door. - The pull side is referred to when the door opens against the direction you are traveling. There must be at least 18" clear space on the pull side, at the latch of the door. - Not providing enough space at the latch, on the pull side, will create problems for an individual in a wheelchair. This is why the ADA requires 18" minimum

Changes in Level

- The maximum change in level is only ¼". The idea behind this requirement is that a change in level greater than ¼" may create a tripping hazard. - In addition, a wheelchair may have difficulties trying to maneuver over a higher change in level.

Clear Floor or Ground Space

- The minimum clear fl oor or ground space required for a handicapped individual is 30" x 48". - These dimensions are used in the design of corridors, doors, elevators, platform lifts, and more. - The position of the clear floor or ground space is typically identified in relation to a building element or object. - The position can either be parallel or perpendicular

Toilet seats:

- The seat height of a toilet must be between 17" and 19" above the fl oor.

Ramps

- The standard maximum slope for a handicap ramp is 1:12. - An easy way to visualize and understand the size of the required ramp is to take the difference in grade in inches, and convert it to feet. - For example, if the diff erence between a street and sidewalk is 6", the required ramp will be 6'-0" in length. Or, if the entrance to a building is 1'-0" above the sidewalk, the required ramp will have to be at least 12'-0" in length (1'-0" = 12").

Vertical Clearances:

- The standard vertical ADA clearance is 80". - When a condition will reduce the vertical clearance of a space below 80" (commonly found under stairs), a 27" high guardrail or other barrier must be provided. - - The idea behind this requirement is to protect blind individuals from walking into a low hanging object. The following diagram helps illustrates this requirement:

Forward reach:

- The unobstructed reach of an individual in a wheelchair must be from 15" above the floor and 48"

Turning Space

- There are two types of turning space requirements; circular space and T-shaped space. - The most basic turning space requirement is a circular space. - The ADA requires a 60" (5'-0") clear turning space, which is essentially a 60" diameter imaginary circle that must be provided for handicap individuals to maneuver a wheelchair.

Toilet compartments

- Toilet compartments are seen in larger public bathrooms where more than one toilet is provided. - The local building code will dictate how many toilets, urinals, and lavatories are provided, as well as the number of handicap compartments. - Handicap toilet compartments are at least 60" wide by 56" deep (in the case of a wall hung toilet).

Position of toilets

- Toilets must be positioned a certain distance from the side wall of the bathroom. - Typical wheelchair accessible toilets must be located 16" - 18" from the wall to the center of the toilet. Ambulatory accessible toilets must be 17" - 19".

Urinals

- Urinals also have their own handicap requirements. - Urinals must be at least 13 ½" deep, and if a wall-hung urinal is provided, it must be 17" maximum from the floor to the rim. - In either case, the required clear space for a handicapped individual must be provided in front of the urinal (30" wide by 48" deep).

Diagonal or corner type of curb ramps

- When a curb ramp is located at a corner, a clear space of 48" minimum in depth must be provided at the base of the ramp, and the flared sides must be at least 24" away from the marked crossing.

Recessed Door

- When a door is recessed more than 8" (most commonly found at an interior room door), the 12" push side clearance, and 18" pull side clearance must be maintained

Maximum Slope of a ramp or curb ramp

- When a maximum slope of 1:12 or 1:10 is stated, it means that for every 10" or 12" in horizontal run, the maximum rise cannot exceed 1".

Side reach: Obstructed High Reach

- When an obstruction exists, the high side reach must be 46" or 48", depending on the depth of the obstruction

Side reach: Unobstructed Side Reach

- When clear floor space allows a parallel approach to an element or object, the allowed high side reach must be between 15" and 48" above the floor.

Obstructed forward reach

- When obstructions exist, the top reach must be 44" or 48", depending on the depth of the obstruction (shown below)

Knee and Toe Clearance

- When the clear floor space or turning spaces described above overlaps and falls beneath an element or object, knee and toe clearances must be provided. - Again, the intent is to allow a wheelchair to maneuver comfortably.

You should also be aware of acts of discrimination by landlords towards your client: If your client: • Has a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities • Has a record of such a disability or • Are regarded as having such a disability

- a landlord may not: • Refuse to let your client make reasonable modifications to their dwelling or common use areas, at their expense, if necessary, for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if your client agrees to restore the property to its original condition when you move.) • Refuse to make reasonable accommodations in rules, policies, practices or services if necessary, for your client to use the housing. Example: An apartment complex that off ers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

The following are a few examples of sites that are not required to have at least one accessible route:

• Detached residences, such as single-family homes and duplexes. • Utility buildings NOT open to the general public. • Active construction sites.