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.