Title Slide
Existing Structures: Barrier Removal,Alterations & Additions; James A. Bostrom, Deputy Chief, Disability Rights Section, U. S. Department of Justice; Jim Pettit, Architect & ADA Consultant
Image: large brick building with classical Greek two-story entrance with columns and pediment; scaffolding is erected on the side of the building
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Title III -- Barrier Removal...
36.304 -- A public accommodation shallremove architectural barriers in existingfacilities, including communication barriersthat are structural in nature, where suchremoval is readily achievable, i.e., easilyaccomplishable and able to be carried outwithout much difficulty or expense.
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Title II -- Program Access...
35.150 Existing facilities; A public entity shall operate each service,program, or activity so that the service,program, or activity, when viewed in itsentirety, is readily accessible to and usable by individuals with disabilities...
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Examples of Program Access
Relocating a service to an accessible facility, e.g.,moving a publicinformation office from the thirdfloor to the first floor of a building. Providing benefits or services at an individual'shome, or at an alternativeaccessible site. Making structural changes.
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2010 Standards Applies...
Alterations; State and Local Government Facilities --Physical Changes for ProgramAccessibility; Places of Public Accommodation(businesses) -- Readily Achievable BarrierRemoval
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What Standards Applyto Existing Facilities?
Title II — Program accessibility; Title III — Readily achievable barrierremoval
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2010 Standards
Image: cover of the 2010 ADA Standards for Accessible Design, Department of Justice, September 15, 2010
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2010 Standards at ADA.gov
Image: the home page of ADA.gov with an arrow superimposed on the location of the link for the 2010 ADA Standards for Accessible Design
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Existing Facilities...
How to apply new requirements in the2010 Standards to facilities built or
altered to comply with the 1991Standards?
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Existing Facilities...
An “existing facility” is: “a facility in existence on any givendate, without regard to whether thefacility may also be considered newlyconstructed or altered under thispart.”
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Safe Harbor: Existing Facilities
Elements that comply with thecorresponding requirements for those
elements in the 1991 Standards (or UFASfor title II) do not need to be modified tomeet the 2010 Standards unless they arealtered on or after March 15, 2012.
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Safe Harbor: Existing Facilities
Safe Harbor does not apply toelements in existing facilitiesthat were not subject tospecific requirements in the1991 Standards (or UFAS).
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Noncomplying Facilities
Element byElementCompliance...Noncomplying facilities, i.e.,facilities built after thecompliance date for the1991 Standards, but that arenot in compliance withthose standards, must bemodified as follows:
Image: Ramp adjacent to walkway with no edge protection leading to angled glass entryway
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Noncomplying Facilities
On and after March 15, 2012,entities must bring their noncomplyingfacilities intocompliance with the 2010Standards...
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Not Subject to Safe Harbor; §35.150(b)(2)(ii) and §36.304(d)(2)(iii)
(A) Residential facilities and dwelling units; (B) Amusement rides; C) Recreational boating facilities; (D) Exercise machines and equipment
(E) Fishing piers and platforms; (F) Golf facilities; (G) Miniature golf facilities
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Not Subject to Safe Harbor; §35.150(b)(2)(ii) and §36.304(d)(2)(iii)
(H) Play areas; (I) Saunas and steam rooms; (J) Swimming pools, wading pools, and spas; (K) Shooting facilities with firing positions; (L) Miscellaneous; (1) Team or player seating; (2) Accessible route to bowling lanes; (3) Accessible route in court sports facilities
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Supplemental Changes: Existing Facilities
Example: SwimmingPoolssections242 and 1009
Image: outdoor swimming pool with handrail and L-shaped stair in one corner
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2010 ADA StandardsSupplemental Change --New Requirement
Getting into the pool...
Images: left, a small square outdoor spa with handrail, steps going into the spa on one side and seating inside the spa on the other three sides; right, a small outdoor swimming pool with handrails at the edge and lounges on the other side of the pool
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§35.133 Maintenance ofAccessible Features
If the 2010 Standards reduce the technicalrequirements or the number of requiredaccessible elements below the number requiredby the 1991 Standards, the technical requirementsor the number of accessible elements in a facilitysubject to this part may be reduced in accordancewith the requirements of the 2010 Standards.
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§35.133 Maintenance...
Image: Accessible wheelchair spaces in a stadium with fixed companion seats next to them
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§35.133 Maintenance...
Images: left, folding, padded chairs stored in area next to fixed seating in stadium; right, fixed companion seats next to wheelchair spaces
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Companion Seats
Equivalent insize, quality,comfort andamenities; Permitted to be
Moveable
Image: Accessible wheelchair spaces in a stadium with fixed companion seats next to them
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Maintenance...
Reducing the Numberof Assistive Listening Systems; 219 Assistive Listening Systems; 706 Assistive Listening Systems
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Assistive Listening Systems
Image: Table 219.3 Receivers for Assistive Listening Systems from the 2010 Standards
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Title II Rule adds regulatorytext mirroring path of travelrequirements in title III.Titles II and III –Path of Travel
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Path of TravelSafe Harbor
If a covered entity has constructed or alteredrequired elements of a path of travel under the1991 Standards (or UFAS), before March 15,2012, then retrofit of these elements to reflectincremental changes in the 2010 Standards isnot required just because an area of a primaryfunction area served by the path of travel waspreviously altered.(§ 35.151(b)(4)(ii)(C) or § 36.403(a)(2))
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2010 Standards
Image: cover of the 2010 ADA Standards for Accessible Design, Department of Justice, September 15, 2010
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Chapter 2: Scoping Requirements; Section 202.2 Additions
Each addition to an existing building or facility shallcomply with the requirements for new construction. Each addition that affects or could affect the usabilityof or access to an area containing a primary functionshall comply with 202.4.
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2010 StandardsAlteration
A change to a building or facility that affects or could affect the usabilityof the building or facility or portion thereof. Alterations include, but arenot limited to, remodeling, renovation, rehabilitation, reconstruction,historic restoration, resurfacing of circulation paths or vehicular ways,changes or rearrangement of the structural parts or elements, andchanges or rearrangement in the plan configuration of walls and full-heightpartitions. Normal maintenance, reroofing, painting orwallpapering, or changes to mechanical and electrical systems are notalterations unless they affect the usability of the building or facility.
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Chapter 2: Scoping Requirements; Section 202.3 Alterations
Where existing elements or spaces are altered, eachaltered element or space shall comply with theapplicable requirements of Chapter 2.
EXCEPTIONS: 1.Unless required by 202.4, where elements orspaces are altered and the circulation path to the altered element orspace is not altered, an accessible route shall not be required.2. In alterations, where compliance with applicable requirements istechnically infeasible, the alteration shall comply with therequirements to the maximum extent feasible.
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Chapter 2: Scoping RequirementsSection 202.3 Alterations
Section 106.5 -- Technically Infeasible; With respect to an alteration of a building or a facility,something that has little likelihood of being accomplishedbecause existing structural conditions would requireremoving or altering a load-bearing member that is anessential part of the structural frame; or because otherexisting physical or site constraints prohibit modificationor addition of elements, spaces, or features that are in fulland strict compliance with the minimum requirements.
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Chapter 2: Scoping Requirements; Section 202.3 Alterations
The requirement in section 4.1.6(1)(c), “If alterations ofsingle elements, when considered together, amount to analteration of a room or space in a building or facility, theentire space shall be made accessible.” is not in the2010 Standards.See Advisory 202.3 Alterations.
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Chapter 2: Scoping Requirements; Section 202.4; Alterations Affecting Primary Function Areas; For title II facilities, read with 35.151(b)(4) Path ofTravel. Residential dwelling units are not required to complywith 202.4
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2010 StandardsPath of Travel
28 CFR 35.151(b)(4)and28 CFR 36.403(e)
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Path of Travel 2010 Standards
An alteration that affects or could affect the usability of oraccess to an area of a facility that contains a primaryfunction shall be made so as to ensure that, to themaximum extent feasible, the path of travel to the alteredarea and the restrooms, telephones, and drinking fountainsserving the altered area are readily accessible to and usableby individuals with disabilities, including individuals who usewheelchairs, unless the cost and scope of such alterationsis disproportionate to the cost of the overall alteration.
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2010 Standards Disproportionate Costs
Alterations made to provide an accessiblepath of travel to the altered area will bedeemed disproportionate to the overallalteration when the cost exceeds 20% ofthe cost of the alteration to the primaryfunctionarea.
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Examples
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Parking – Safe Harbor?
Image: A Subaru Outback parked in an accessible space in a parking garage
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Accessible Route – Location?
Images: left, a covered walkway adjacent to a parking garage; right, taken from the top of the incline, a covered ramp with a ceiling-mounted sign that says “Terminal/Parking” with an arrow
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Passenger Loading Zones; Safe Harbor; Alterations; ProgramAccess...
Image: passenger loading zones along an airport departures drop off area
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Passenger Loading Zone?
Image: An area in front of an airport that is designated by sign to be a “Disabled Loading Zone Only;” the sidewalk is flush at the road and inclines gently up toward the building.
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PassengerLoading Zonesat Stadium
During football games, the University provides several areas adjacent to the footballstadium for passenger drop off and pick up. These areas are for busses, shuttle vans,and individual vehicles. Currently there is one accessible passenger loading zoneprovided. This loading zone complies with the 1991 Standards.As part of preparations for the fall football season, you are asked to review thetransportation plan and comment on ADA compliance and accessibility. You notice that physical plant is preparing to restripe the areas around the stadium, including the sectionsthat are for passenger drop off. And, you see that only one accessible loading zone will beprovided after the restriping is completed. What is required for ADA compliance? What do you do to explain the requirements?
Image: a large over-the-road bus is parked with its back door at the passenger loading zone; a platform lift has been deployed from that door and sits on the ground
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ReducingAccessibleSeating...
During football games, the University provides several areas adjacent to the footballstadium for passenger drop off and pick up. These areas are for busses, shuttle vans, andindividual vehicles. Currently there is one accessible passenger loading zone provided. This loading zone complies with the 1991 Standards. As part of preparations for the fall football season, you are asked to review thetransportation plan and comment on ADA compliance and accessibility. You notice thatphysical plant is preparing to restripe the areas around the stadium, including the sections
that are for passenger drop off. And, you see that only one accessibleloading zone will beprovided after the restriping is completed.
What is required for ADA compliance? What do you do to explain the requirements?
Image: a view from above of a segment of partially full stadium and players on the field
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Visual Alarms...
The university is experiencing a significant increase in the number of students who areveterans of the Iraq and Afghanistan wars. Some of these students are deaf or havesignificant hearing loss. As the students select student housing on campus, you are contacted and asked aboutadding more rooms that are equipped with communication features including visibledevices connected to the fire alarm system. The demand for housing, both undergraduateand graduate housing units, is greater than the number of rooms with communicationfeatures. Many of the rooms that are equipped with visible alarms are also rooms withfeatures for students with mobility disabilities.What do you do? Does the university have to add visible alarms to a variety of sleepingrooms and studenthousing options?
Images: top, a red,wall-mounted combination audible and visible fire alarm; below, a white ceiling-mounted combination audible and visible fire alarm
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Dispensers inToilet Rooms...
Housekeepingisapproachedbyavendorfortoiletpaperandpapertowelswhoofferstoprovide,andinstall,newdispensersinyourcompany’sofficebuildings. Youreceiveacallfromthedirectorofhousekeepingwhoasksforhelpindecidingwhatshouldbeprovided. ThedirectorsaysshesuspectsthattheADAmayhaverequirementsthat mightapply.Accordingto thedirectorofhousekeeping,thevendorsaysthattheywillcomplywithallstateandfederalrequirements. ButthedirectorisnotconvincedthatthevendorknowstheADArequirements.
Sheislookingforyourhelp… Whatdoyoudo? Whatdoyoulooktofor theADArequirementsandwhatdoyoutellthedirectorofhousekeeping?
WhatelsecanyousuggesttomakesurethatthenewdispenserscomplywiththeADA?
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Safe harbor?
Image: a hotel guest bathroom with a small toilet area that has insufficient clear floor space for the toilet; only a side grab bar (a toilet tank precludes mounting a rear grab bar); a flush valve on the far side of the toilet; a lavatory with no insulation on the pipes; and towels that are mounted high over the toilet.
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CONTACT
Jim Bostrom; 202 - 307 – 2584;
Image: DOJ seal
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CONTACT
Jim Pettit; 410-908-1716;
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Questions ?
Image: question mark