Accessibility of Hotel Room Doors

ACCESS has written an opinion on this item before; it is worth revisiting because no one is getting the hotel entrance door correct.

There are hotel rooms with mobility features (these are the typical wheelchair accessible rooms), and then there are the standard guest rooms, some of which are required to have communication features (hearing impaired).  The inside of the standard hotel room is private space and is not subject to PL101-336 The Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments Act of 2008, with an effective date of January 1, 2009, Title III Nondiscrimination on the basis of disability by public accommodations in commercial facilities.  

In the opinion of ACCESS, the entrance door exterior is public space; the entrance door interior is private space with no accessibility requirements unless the space is designated to have mobility features or is a space used for hospitality to entertain the general public.  

We are seeing the standard hotel room entrance door that swings into the hotel room with an 18 inch doorway maneuvering clearance on the pull side parallel to the door; this is inside the unit.  Being private space, there is no accessibility requirement for the inside of the entrance door.  This 18 inches has added a minimum of 30 square feet to the room size.  

My feeling is that the hospitality industry and the guest have gotten so accustomed to the additional room size that we may not see any change.  The bottom line is that 18 inches maneuvering clearance on the pull side is not required in standard rooms in the opinion of ACCESS.  The challenge may be to get building officials who enforce the International Building Code (IBC) and the ICC/ANSI A117.1 to understand the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines.

Questions?  Leave your comments here or post on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Are Railings Required When There is Only One Stair? The Answer is Yes!

In the ADA & ABA Accessibility Guidelines; Final Rule written by the Access Board and published on 07.23.04 (ADAAG; Final Rule), with an effective date of 09.21.04, we find the following section:

Chapter 5 general site and building elements.
505 Handrails.
505.2 Where Required.
“Handrails shall be provided on both sides of stairs and ramps.”

In ADAAG; Final Rule, we also have Section 106 Definitions, but stairs is not defined.


The same is true for ICC/ANSI A117.1-2003:

Chapter 5 general site and building elements.
505 Handrails.
505.2 Where Required.
“Handrails shall be provided on both sides of stairs and ramps.”


There is also the following section in International Building Code (IBC) 2006:

Chapter 10 Means of Egress.
1009 Stairways.
1009.10 Handrails.
“Stairways shall have handrails on each side and shall comply with Section 1012.”
Exceptions:
4.  “In Group R-3 occupancies, a change in elevation consisting of a single riser at an entrance or egress door does not require handrails.”   


So, the IBC does not require handrails at an entrance or egress door where there is one riser in the stair.  What does the Americans with Disabilities Act say, and for that we need to go to Webster’s New World Dictionary, where one finds the definition of a stair:  “a single step, as of a stairway.”  From the definition of stair, in the opinion of ACCESS, handrails are required.

Questions?  Post your comments here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

How Stupid Can Handrails in Elevators Be?

In the ADAAG; Final Rule, written by the Architectural and Transportation Barriers Compliance Board (Access Board), published on July 23, 2004, with an effective date of September 21, 2004, there is Section 407 Elevators, with 14 pages of elevator requirements but nothing specifically on elevator car handrails.  In the ICC/ANSI A117.1-2003 Commentary, there are Sections 407, 408, and 409 on elevators with 23 pages of elevator requirements but nothing specifically on elevator car handrails.  In the ADAAG; Final Rule Section 505 or ICC/ANSI A117.1-2003 Section 505 Handrails, there is no requirement for handrails in the elevator car.  

In the IBC-2006, Section 1009 Stairways has a Section 1009.10 called Handrails; Section 1010 Ramps has a Section 1010.8 called Handrails; and there is also Section 1012 Handrails.  IBC-2006 has Section 1007 Accessible Means of Egress with Section 1007.4 Elevators; Section 1109.6 Elevators states that elevators must comply with 3001.3; 3001.3 states that elevators shall conform to ICC/A117.1.

So, we have no requirement for handrails to be in elevator cars in the opinion of ACCESS.  Now, if one chooses to put handrails in an elevator car and call it a “handrail,” is there a requirement?  In the opinion of ACCESS, the answer is yes, and the design criteria must be that of Section 505 from both ADAAG and ICC/ANSI A117.1-2003.

 

Questions?  You can comment here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

In Public Accommodations and Services Operated by Private Entities, Can Services Be Denied?

The answer is yes.  The answer is found in the Americans with Disabilities Act of 1990 (ADA), as amended in 2008 with an effective date of January 1, 2009.  Title 42 – The Public Health and Welfare – Chapter 126 – Equal Opportunity for Individuals with Disabilities:

Subchapter III – Public Accommodations and Services Operated by Private Entities.
12182 Prohibition of discrimination by public accommodations.
(b) Construction.
(3) Specific construction.
“Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others.  The term ‘direct threat’ means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.”

This amendment writing is much more onerous than the original for a public accommodation.  The words, “…or by the provision of auxiliary aids or services,” are really all encompassing.  The question now really becomes:  must the public accommodation have these auxiliary aids or services in place?  In the opinion of ACCESS, the answer is no.  So, the proper answer is to deny the individual to participate, based on a “direct threat” to the health and safety of others, but to at the same time agree to provide auxiliary aids and / or services based upon the specific needs known, and providing adequate time for the public accommodation to acquire those needs.

Let us know what you think.  Leave your comments here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730. You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.


Hank



The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Is There a Difference Between a “Guideline” and a “Standard”?

A guideline and a standard are exactly the same document.  One needs a little history lesson.

“To ensure compliance with the standards, Congress established the Architectural and Transportation Barriers Compliance Board (ATBCB) in Section 502 of the Rehabilitation Act of 1973 (the Rehabilitation Act), 29 U.S.C. 792.

“A 1978 amendment to Section 502 of the Rehabilitation Act added to the ATBCB’s functions the responsibility to issue minimum guidelines (Guidelines) and requirements for the standards established by the four standard-setting agencies.

“The four standard-setting agencies determined that the uniform standards adopted by them would, as much as possible, not only comply with the Guidelines adopted by the ATBCB but also be consistent with the standards published by the American National Standards Institute (ANSI) for general use.”

That document, written by the Architectural and Transportation Barriers Compliance Board was called the Uniform Federal Accessibility Standards (UFAS).  Remember, that standard or guideline is the safe harbor for design and construction to be in compliance with federal civil rights laws regarding accessibility.

With the passage of the Americans with Disabilities Act of 1990 (ADA), the Architectural and Transportation Barriers Compliance Board wrote the ADA Accessibility Guidelines (ADAAG), and it was published on July 26, 1991.  The U.S. Department of Justice (DOJ) was given the enforcement responsibility for the ADA, along with a rather convolute process that takes years to make the guideline the DOJ’s enforceable standard.  So, the Architectural and Transportation Barriers Compliance Board called their document a guideline as it applies to the ADA, because they were not the enforcement agency for the following:

1.   General Services Administration.

2.   Department of Defense.

3.   Department of Housing and Urban Development.

4.   U.S. Postal Service. 

Post your comments, suggestions or questions here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/?sk=lf.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Is There a Jurisdiction for a Partial Alcove? Yes!

The ADAAG; Final Rule, written by the Architectural and Transportation Barriers Compliance Board (Access Board), published in the Federal Register on July 23, 2004, with an effective date of September 21, 2004, includes the following:

Chapter 3 building blocks.
305 Clear Floor or Ground Space.
305.7 Maneuvering Clearance.
305.7.1 Forward Approach.
“Alcoves shall be 36 inches wide minimum where the depth exceeds 24 inches.”

So the question is really, why does the requirement go from 30 inches in width to 36 inches in width in an alcove?  It is ones hands on the larger wheelchair wheel of the wheelchair, as seen in Figure 305.7.1 that requires the 3 inches of additional width on each side of the 24 inch deep alcove. 

So, in the opinion of ACCESS, when there is a partial alcove, that 3 inches on the alcove side is also required.  We see this condition frequently in bathrooms at lavatories and urinals.  The centerline of the fixture needs to be 18 inches minimum to the alcove side.

 





Leave us your comments here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

What are the Requirements for Residential Facilities Where Some or All of the Funding is Coming From the Department of Housing and Urban Development (HUD)?

This is really a very convoluted path to follow!  There are two tracts.  

First, the Architectural and Transportation Barriers Compliance Board (Access Board) writes the standards for accessibility compliance for HUD as found in the ADAAG; Final Rule – this is the safe harbor for design and construction.  The ADAAG; Final Rule was published July 23, 2004, with an effective date of September 21, 2004.

Secondly, the International Building Code (IBC) is written by building code officials.  Piggy-backed on the IBC is ICC/ANSI A117.1, the American National Standard for accessible and usable buildings and facilities written by the International Code Council (ICC).  HUD has a document printed in the Federal Register dated Wednesday, July 18, 2007, called Part IV – Department of Housing and Urban Development – 24 CFR Part 100 – Design and Construction Requirements; Compliance with ANSI A117.1 Standard; Proposed Rule.  In summary, HUD is saying ICC/ANSI A117.1-2003 is a safe harbor for design and construction for accessibility compliance.  

So, in the opinion of ACCESS, the jurisdiction for the “safe harbor” for design and construction is a combination of the ADAAG; Final Rule Section 233.2 and ICC/ANSI A117.1-2003.

 



Let us know your thoughts or questions on this blog.  You can post your comments or questions here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

How Does One Design a Lecture Hall with a Sloped Floor to be Accessible?

The jurisdiction here is the ADA & ABA Accessibility Guidelines; Final Rule written by the Access Board and published on 07.23.04, with an effective date of 09.21.04.

Chapter 2 Scoping.
221 Assembly Areas.
221.2 Wheelchair Spaces.
221.2.3 Lines of Sight and Dispersion.
“Wheelchair spaces shall provide spectators with choices of seating locations and viewing angles available to all other spectators.”
221.2.3.1 Horizontal Dispersion.
“Wheelchair spaces shall be dispersed horizontally.”
221.2.3.2 Vertical Dispersion.
“Wheelchair spaces shall be dispersed vertically at varying distances from the screen, performance area, or playing field.”

In the opinion of ACCESS, the lines of sight dictate the design.  Divide the lecture hall into 4 equal grids both horizontally and vertically, making 16 equal grids; eliminate the 12 perimeter (yellow) grids, leaving 4 (orange) grids in the center.  Locate the accessible seating in the 4 orange grids and there will be compliance with Section 221.2.3.  Therefore, the design will require a cross aisle with an accessible route to that cross aisle, either from the back or the side.

 


Let us know your thoughts or if you have any feedback.  You can comment here or on our FaceBook at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Why Are We Seeing So Many Items Not in Compliance?

Many questions were asked by Dave, Dan and Tipton, all are architects with over 20years experience.  They just completed a 14 hour training program on the ADA and ABA Accessibility Guideline; Final Rule with an effective date of September 21, 2004.  The training also included ADA building audit of a La Quinta Inn property.  This Accessibility Guideline is almost 7 years old; so the big question is why are we seeing so many items that are not in compliance?  One has to ask the question if building owners really want to spend the money for ADA building compliance?  Whatever the reason, the ACCESS "Watchdogs in Wheelchairs" program is the answer for building owners, because when all is in place and in compliance I will sign off on the certification that the building is ADA compliant.

It starts by putting the building owners on notice that they will be answering to a Federal Judge.  Then the professional accessibility ADA architects will go to work and provide the Federal Judge with a detail ADA building audit of items that are not in ADA compliance.  The professional accessibility ADA architects will then work with the building owner and his architectural/engineering firm on ADA solutions in the preparation of the architectural/engineering firms productions of the ADA retrofit permit set of drawings.  The professional accessibility ADA architects will ADA plan check those drawing for ADA compliance and when in compliant will send the drawing to the ADA retrofit contractor for pricing.  The Federal Judge will be given a set of the ADA retrofit permit drawing and detail pricing and tell the building owner when to start the ADA retrofit construction.  At the end of the ADA retrofit construction the professional accessibility ADA architect will audit the ADA retrofit construction and once it's ADA compliant will issue a building certification of ADA compliance.  A copy will be sent to the Federal Judge, bringing closure to this Federal Court filing. 

Now this is building ADA compliance in the hands of the professional accessibility ADA architects of ACCESS.

Let me know if you have any questions or comments that you can post here, or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank

 

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Is a School Lecture Hall a Public Accommodation?

The jurisdiction here is the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, with an effective date of January 1, 2009:

Subchapter III – Public Accommodations and Services Operated by Private Entities.
12181 Definitions.
(7) Public accommodation.
“The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities effect commerce”

(D)    “an auditorium, convention center, lecture hall, or other place of public gathering;”

(J)     “a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;”

In the opinion of ACCESS, Section 12181(7)(D) and (J) clearly state that the lecture hall must be accessible.

 

Let us know you thoughts about the above topic.  You can comment here or post on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Is the Inside of the Non-Accessible Hotel Room a Public Space with the Jurisdiction Being the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) Handbook published by the Equal Employment Opportunity Commission (EEOC), has the following section:

Title III Public Accommodations and Services Operated by Private Entities
302 Prohibition of Discrimination by Public Accommodation.
302(a) General Rule.
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 

We now have the ADA Amendments Act of 2008:

Subchapter III – Public Accommodations and Services Operated by Private Entities [Title III].
12182 Prohibition of discrimination by public accommodations [Section 302].
12182(a) General rule.
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”

We have several clues.  In the Final Fair Housing Act, the entrance door exterior side is public space with required clearances, while the interior side of the entrance door is private space with no clearance requirements.  

In the ADA & ABA Accessibility Guidelines; Final Rule written by the Access Board and published on 07.23.04, with an effective date of 09.21.04, we have the following section:

Chapter 2 Scoping Requirements.
224 Transient Lodging Guest Rooms.
224.1 General.
224.1.2 Guest Room Doors and Doorways.
“Entrances, doors, and doorways providing user passage into and within guest rooms that are required to provide mobility features complying with 806.2 shall comply with 404.2.3.”

EXCEPTION:  “Shower and sauna doors in guest rooms that are not required to provide mobility features complying with 806.2 shall not be required to comply with 404.2.3.”

Advisory 224.1.2 Guest Room Doors and Doorways.

“Because of the social interaction that often occurs in lodging facilities, an accessible clear opening width is required for doors and doorways to and within all guest rooms, including those not required to be accessible.  This applies to all doors, including bathroom doors, that allow full user passage.  Other requirements for doors and doorways in Section 404 do not apply to guest rooms not required to provide mobility features.”

404.2.3 Clear Width.

“Door openings shall provided a clear width of 32 inches minimum.”

Therefore, the only accessibility requirement in the non-accessible guest room is the 32 inch minimum doorway clear width.  In the opinion of ACCESS, the exterior side of the entrance door to the non-accessible guest room is considered public space, and the interior of the guest room and all other inside space is considered private space with the only accessibility requirement being that pass-through doorways have 32 inch minimum clear width.

 

Let us know your thoughts and comment here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

The Business Community and the ACCESS Program

I received an email from Kelly the other day, and she was looking for assistance in wanting to educate the business community about their building compliance with the ADA.  I told Kelly this is a very noble role for the disabled and that there have been many who have fought the good fight for the last 20 years.

The business community knows about the ADA and we see spots of building ADA compliance all over this country, but we see very little buildings that are completely ADA compliance.  In the opinion of ACCESS, building owners do not want to spend the money today unless they get caught with an ADA Civil Rights violation by the U.S. Department of Justice (DOJ), the government agency responsible for enforcing the ADA.  Because the ADA is Civil Rights Law, there are advocacy groups also enforcing building ADA compliance.  The professional accessibility architects at ACCESS for the last 19 years have specialized in building ADA compliance, so we know this landscape very well, and have become very concerned about the plight of the disabled.  ACCESS was reformatted a year ago to bring our professional accessibility architects directly to the wheelchair user and we call this program "Watchdogs in Wheelchairs".  This program for the disabled uses the free Federal Courts, where the attorney costs and fees are free to the disabled.  The professional accessibility work product of ACCESS is also an attorney cost; therefore, also free to the disabled. 

Our ACCESS program is simple and takes little time.  Today we are focusing on the lodging industry (hotels, motels and time-shares).  There are four easy steps to the program listed as follows:

1. Book an accessible room with two beds and a roll-in shower.
2. Take 5 to 6 photos of the room, the roll-in shower, the lobby area and public restrooms.
3. Take 5 to 6 pictures outside of the building to include the accessible parking and overall photos of the building.
4. Email us the photos and a copy of your hotel bill (all person information may be removed with the exception of your name and date of visit) to hfalstad@accessts.net.

Once we recieve the photos and the copy of the bill our in-house Legal Counsel will determine whether there is standing for filing through the Federal Courts.  That's it.  We will handle the rest and keep you updated throughout the process in filing at the Federal Courts.  Our in-house Legal Counsel has confirmed that there is a good possibility that the Federal Judge will award funds for filing the ADA building non-compliant complaint.  This is your ADA Civil Rights program teaming with ACCESS for results. 

Call us.  You may be surprise on how easy it really is.  Some people, like Kelly, find the program so much to their liking that we get many inquiries of how they want to start their own "Watchdogs in Wheelchairs" chapter, which we happily support.

Roll-In Shower

Lobby Area

Accessible Room

Public Restroom

Parking Lot with Accessible Parking

Let us know your thoughts and leave a comment here, or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.


Hank

What Do the Words “at least one” Mean? (as found in the accessibility guidelines)

The ADA Accessibility Guidelines written by the Access board and published July 26, 1991, uses the words “at least one.”  The ADA & ABA Accessibility Guidelines; Final Rule written by the Access Board and published on July 23, 2004 with an effective date of September 21, 2004, also uses the words “at least one.”

To the Access Board, the words “at least one” mean that in certain conditions the requirement will be more than one.  One example that ACCESS sees is at van accessible parking spaces in shopping centers.  When the minimum number of required accessible parking spaces are dispersed, then at each dispersed location, at least one accessible parking space must be a van accessible parking space.

Let us know your thoughts.  You can leave your comments here or on our FB page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Do Bars Have to Have Accessible Seating AT the Bar?

This question is one of my favorites.  The ADA Accessibility Guidelines for Buildings and Facilities, written by the Access Board and published July 26, 1991, includes the following:

Chapter 5 Restaurants and Cafeterias.

5.2 Counters and Bars.

“Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 inches in length minimum shall be provided in compliance with 4.32 or service shall be available at accessible tables within the same area.”

The ADA & ABA Accessibility Guidelines; Final Rule, written by the Access Board and published July 23, 2004, with an effective date of September 21, 2004, includes the following:

Chapter 2 scoping requirements.

226 Dining Surfaces and Work Surfaces.

226.1 General.

“Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of the seating spaces and standing spaces at the dining surfaces shall comply with 902.”

Chapter 9 Built-in elements.

902 Dining Surfaces and Work Surfaces.

902.1 General.

“Dining surfaces and work surfaces shall comply with 902.2 and 902.3.”

Advisory 902.1 General.

“Dining surfaces include, but are not limited to, bars, tables, lunch counters, and booths.  Examples of work surfaces include writing surfaces, study carrels, student laboratory stations, baby changing and other tables or fixtures for personal grooming, coupon counters, and where covered by the ABA scoping provision, employee work stations.”

The only mention of bars is found in Section 902.1.  The troubling words come from the 1991 ADAAG: “…or service shall be available at accessible tables within the same area.”  ACCESS was told 10 years ago that there was a civil court case in New York, and that ruling was that the experience of a bartender serving from behind the bar was not the same as a waitress waiting on accessible tables within the same area.  In the opinion of ACCESS, the guidelines are not definitive enough to answer the question; the answer is in PL101-336:

ADA Amendments Act of 2008.

Subchapter III Public Accommodations and Services Operated by Private Entities.

12182 Prohibition of discrimination by public accommodations.

(b) Construction.

(A) Activities.

(ii) Participation in unequal benefit. 

“It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.”

In the opinion of ACCESS, sitting at an accessible table served by a waitress is not the same experience as sitting at a portion of an accessible bar being served by a bartender; thus, this is unequal benefit as defined in 36.202(b).

Let us know your thoughts on this.  Leave your comments here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/.  You can also reach us at hfalstad@accessts.net or give us a call at (702) 649-7575.  We look forward to hearing from you.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

What Are the Requirements for Detectable Warnings?

Subject: The ADA Accessibility Guidelines (ADAAG) written by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) and published July 26, 1991, includes the following:

4.29 Detectable Warnings.
4.29.2* Detectable Warnings on Walking Surfaces.
“Detectable warnings shall consist of raised truncated domes with a diameter of nominal 0.9 inch, a height of nominal 0.2 in and a center-to-center spacing of nominal 2.35 inches and shall contrast visually with adjoining surfaces, wither light-on-dark or dark-on-light.  The material used to provide contrast shall be an integral part of the walking surface.  Detectable warnings used on interior surfaces shall differ from adjoining walking surfaces in resiliency or sound-on-cane contact.”

4.29.5 Detectable Warnings at Hazardous Vehicular Areas.
“If a walk crosses or adjoins a vehicular way, and the walking surfaces are not separated by curbs, railings, or other elements between the pedestrian areas and vehicular areas, the boundary between the areas shall be defined by a continuous detectable warning which is 36 inches wide, complying with 4.29.2.”

In the ADAAG of 1991, Section 3.5 Definitions does not define hazardous vehicular area, but it does define vehicular way:  “A route intended for vehicular traffic, such as a street, driveway, or parking lot.”  It is the opinion of ACCESS that because all walk crossings of a vehicular way are not hazardous, detectable warnings are only required on some walk crossings of a vehicular way.  Therefore, design professionals and contractors must have a list of criteria for determining when a walk that crosses a vehicular way is hazardous, such as:

·         Posted speed in vehicular way – above 35 MPH.
·         Number of traffic lanes being crossed – above 2.
·         Location, such as business or residential – not residential.
·         Intersection with traffic controls – lights or stop signs.
·         Any special condition deemed hazardous by a registered professional architect or engineer.

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.