8/26/2014 · 8/26/2014 3 americans w/disabilities act •title iii –regulated by doj/dot...
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NEW YORK, NY | WASHINGTON, DC | NORWALK, CT CALL US 866.676.1972 | SWINTER.COM
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From Plans to Practice: An Integrated Approach to Accessible Design and Construction
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Learning Objectives
• Learning Objective 1: Gain a brief introductory knowledge of
the accessibility laws and codes, specifically the ADA
• Learning Objective 2: Learn how to address issues of non-
compliance during plan development and construction
• Learning Objective 3: Explore common oversights made in the field and practical solutions
• Learning Objective 4: Understand the implications of integrated accessibility in all stages of project design
Understanding Accessibility
• Federal accessibility laws
– Architectural Barriers Act
– Section 504 of the Rehabilitation Act
– Americans with Disabilities Act
– Fair Housing Amendments Act
• State and local laws – “Visit-Ability”
• Building codes
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Americans w/Disabilities Act
• Civil rights law that prohibits discrimination and ensures equal opportunity for persons with disabilities in:
– Employment
– State and local government services
– Public accommodations
– Commercial facilities, and
– Transportation
• Enacted July 26, 1990
– Amended in 2008 (effective January 1, 2009)
Americans w/Disabilities Act
• Design and Construction
– Title II (28 CFR Part 35)
• Requires that state and local government entities ensure that all programs and services are accessible
– Title III (28 CFR Part 36)
• Prohibits discrimination in commercial facilities and
places of public
accommodations
Americans w/Disabilities Act
• Title II
– Regulated by the appropriate agency or
DOJ
– Enforcement
• Individual complaint to appropriate agency
– Investigations and compliance reviews
» Voluntary Compliance Agreements (VCAs)
» DOJ Litigation – Consent Decrees
• Private lawsuits
– Remediation, damages and attorney fees
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Americans w/Disabilities Act
• Title III – Regulated by DOJ/DOT
– Enforcement: Investigations/Lawsuits by DOJ
• Injunctive Relief
• Damages – Civil penalties: $55,000
for 1st violation/$110,000 for each subsequent violation
• Can involve a single property or an entire portfolio
Americans w/Disabilities Act
• Title III (Enforcement)
– Enforcement: Private complaints/lawsuits
• Injunctive relief and attorney fees
Vu, M., Launey, K., & Ryan, S. (2014, August 5). 2014 May Be a Banner Year for ADA Title III Lawsuit Filings. Retrieved
August 8, 2014, from http://www.adatitleiii.com/2014/08/2014-may-be-a-banner-year-for-ada-title-iii-lawsuit-filings/
• Damages
– No monetary
damages under ADA
– States & local
jurisdictions may permit damages
Incentives
Tax Credit:
• Available to businesses with total revenues less than $1,000,000
annually; or fewer than 30 full-time employees.
• Can cover 50% of the eligible access expenditures in a year up to $10,250 (maximum credit of $5000).
• Used to offset costs of undertaking barrier removal and alterations to improve accessibility.
Tax Deduction:
• Available to all businesses with a maximum deduction of
$15,000 per year.
• Can be claimed for expenses incurred in barrier removal and alterations.
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From Plans to Practice:
Accessibility Compliance
Four parts:
I. Draw Compliant Plans II. Build Compliant Project
III. Perform Proper Assessments
IV. Be aware of common issues
From Plans to Practice: Accessibility Compliance
• Accessibility begins at the top
• Make accessibility a key goal
during the “Kick-off” meeting
• Provide accessibility training to
key staff and crew supervisors
• “Buy-in” from all trades and key personnel is essential to success
• Include accessibility as part of all team meetings
From Plans to Practice: Who is Responsible?
Everyone associated with the project and all trades associated with the project must work together.
• Owners
• Designers
• Engineers
• Project managers
• Marketing personnel
• Construction supervisors, laborers
• Plumbers, electricians, HVAC
• Masonry, concrete, paving
• Painters
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NEW YORK, NY | WASHINGTON, DC | NORWALK, CT CALL US 866.676.1972 | SWINTER.COM
I. DRAWING COMPLIANT PLANS
Drawing Compliant Plans: General Accessibility Pages
Drawing Compliant Plans: Provide Requirements Where They Apply
Detail 2 on Page A803
Unit Plan
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Drawing Compliant Plans: Provide Requirements Where They Apply
Detail 2 on Page A803 Detail 5 on Page A804
Drawing Compliant Plans: Provide Requirements Where They Apply
Drawing Compliant Plans: Coordinate Plan Sets
Plumbing Plans Architectural Plans
Control Wall
Control Wall
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NEW YORK, NY | WASHINGTON, DC | NORWALK, CT CALL US 866.676.1972 | SWINTER.COM
Drawing Compliant Plans: Determining Clearances
• Determine if 60” clearance is provided between the refrigerator and the opposing countertop
Stud-to-stud = 9’ x 12”/ft. = 108”
minus ⅝” finish x 2 = 106¾” wall-to-wall minus one 24” deep base cabinets = 82¾”
minus 1½” countertop overhang = 81¼”
minus depth of refrigerator (not including handle) = available clearance
81¼” - 30¼” = 51” = available clearance
minus 1” back air clearance = 50”
60” CLEARANCE IS NOT PROVIDED!
Consider installation
Drawing Compliant Plans: Avoid Inaccurate and Incomplete Details
48-inch maximum allowed
Drawing Compliant Plans: Avoid Confusing Details
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Drawing Compliant Plans: Show Accurate and Complete Details
Drawing Compliant Plans: Show Accurate and Complete Details
• Example Marble Threshold
Incomplete Detail Complete Detail
Drawing Compliant Plans: Provide Accurate Dimension Strings
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Drawing Compliant Plans: Show Accessible Routes on Plans
Drawing Compliant Plans: Show Accessible Routes on Plans
Drawing Compliant Plans: Document, Document, Document
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II. BUILDING COMPLIANT PROJECTS
Building Compliant Projects: Use Templates and Diagrams
Building Compliant Projects: Use Templates and Diagrams
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Building Compliant Projects: Follow the Plans
• Follow the plans
• Deviations from the plans
can affect compliance
• Mistakes might be costly
and difficult to fix after
construction begins
• Know accessible vs. non-
accessible units
Building Compliant Projects: Follow the Plans
Building Compliant Projects: Follow the Plans
• Mistakes might be costly and difficult to fix after construction begins
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Building Compliant Projects: Ask Questions Before You Build
Building Compliant Projects: Address Last Minute Changes
Building Compliant Projects: Address Last Minute Changes
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Building Compliant Projects: Address Last Minute Changes
Building Compliant Projects: Address Change Orders
Building Compliant Projects:
Address Change Orders
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Building Compliant Projects: Installation Matters
Building Compliant Projects: Installation Matters
• Example of incorrect threshold installation
Building Compliant Projects: Installation Matters
• Example of correct threshold installation
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Building Compliant Projects: Installation Matters
Building Compliant Projects: Plan for Finishes
Building Compliant Projects: Project Oversight
• Provide day-to-day project oversight performed by
construction supervisors and
project managers
• Knowledgeable in accessibility
requirements helps towards achieving compliance
• Check and then double
check
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III. PERFORM PROPER ASSESSMENTS
Perform Proper Assessments: Plan Reviews
• Cannot rely on local code review to confirm federal requirements
• Inspect through multiple stages of plan review
• Schematics, Design Documents, Construction Documents
Perform Proper Assessments : Get Clear Guidance and Opinions
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Perform Proper Assessments : Perform Inspections
• Inspections should occur at various stages of construction
– Framing
– Rough-ins
– Close-in/finish
• Who conducts inspections?
– Construction team using checklists or other documents
– Qualified accessibility consultants
– Local inspectors do not inspect for Federal compliance
Perform Proper Assessments : Tools of The Trade
• Two-foot level
• Door pressure gauge
• Measuring tape
• Bevel measuring tool
• Camera
• Documenting
materials
• Why a two-foot level?
– Width of wheelchair
Perform Proper Assessments : Use a Two-Foot Level
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Perform Proper Assessments : Slope Measurements
Degrees
Percent
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IV. COMMON ISSUES IN THE FIELD
Common Issues: Compliant Slopes
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Common Issues: Changes in Level
Common Issues: Changes in Level
• Transitions
– Detail transitions in context
Common Issues: Changes in Level
• Transitions
– Detail transitions in context
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Common Issues:
Access to Playgrounds
Common Issues: Parking
Common Issues: Parking
• Provide wheel stops to prevent parked vehicles
from protruding into the accessible route
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Common Issues: Passenger
Loading Zones
Common Issues: Recessed Doors
Common Issues: Recessed Doors
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Common Issues: Doors in Series
Common Issues: Hardware
Common Issues: Door Hardware
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Common Issues: Operable Parts
Common Issues: Operable Parts
Common Issues: Operable Parts
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Common Issues: Protruding Objects
Common Issues: Ramps
Common Issues: Ramp Handrails
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Common Issues: Stairs and Stair Rails
Common Issues: Curb Ramps
Common Issues: Service Counters
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Common Issues: Swimming Pools
• Two accessible means of entry required:
– 1st means of entry: Pool lift or sloped entry
– 2nd means of entry: Pool lift, sloped entry,
transfer wall or system or pool stairs
• Exception: pools with less than 300LF of pool wall require: one accessible means of entry
required
Common Issues: Swimming Pools
• 1st means of entry: Pool lift or sloped entry
Common Issues: Swimming Pools
• 2nd means of entry: transfer wall, transfer system or pool stairs permitted.
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Common Issues: Wading Pools
• At least one sloped entry required
Common Issues: Spas
• At least one accessible means of entry required
– Exception: at least
5%, but no fewer than one spa provide
within each cluster
– Pool lifts, transfer wall,
or transfer system permitted
Common Issues: Spas
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NEW YORK, NY | WASHINGTON, DC | NORWALK, CT CALL US 866.676.1972 | SWINTER.COM
Thank you for your time!
Questions?
Mark Jackson
Senior Accessibility Consultant
Manager, Commercial Building Services
ICC Certified Accessibility Inspector/Plans Examiner
203-857-0200 (x237)
Steven Winter Associates, Inc. Improving the Built Environment Since 1972