Post on 13-Jul-2020
9/1/2016
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DOJ Perspective on Designon Design...
James A. BostromDeputy Chief
Disability Rights SectionU. S. Department of
Justice
Kat JacksonAccessibility Specialist
Disability Rights SectionU. S. Department of
Justice
DOJ Regulations -- 28 CFR
Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services(as amended by the final rule published on September 15, 2010)
Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the final rule published on September 15, 2010)
ADA Requirements Apply...
Access to programs, services, or activitiesor activities...
Access to goods or services...
Buildings and Facilities...
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DOJ’s 2010 ADA Standards
Appendices B and D to 36 CFR part 1191 (2009) -- 2004 ADA Guidelines...
and the requirements contained in § 35.151 and subpart D of 28 CFR part 36
2010 Regulations & Standards at ADA.gov
General Prohibitions Against
Discrimination§ 35.130(title II) and § 36.201(title
III)
•No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities...
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Where Do Building Codes Fit In?
Sample Requirements for Buildings and Facilities
• Building Codes
• Life Safety Codes
• Plumbing Codes
• Other Codes and Local Regulations
• Accessibility Requirements
Applications for Building Codes and Regulations
• New ConstructionNew Construction
• Alterations and Renovations
• Change of Use
• Other Specified Events
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International Building Code & ANSI A117.1
2001 and 2003
versions
Harmonized with Model Building Codes
Harmonized?
• Many Provisions the Same or Very SimilarSimilar...
• Use Only IBC/ANSI? Why Not?
• Role of Local Building Officials
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Application in the United States...
State and LocalBuilding Codes
100% ADA Facilities -- DOJ Regulations
Greatest Accessibility...
•Follow Applicable Building Code Requirement
•Follow ADA Requirement
•Choose Greatest Accessibility...
•Element by Element...
Applying the ADA Regulations and ADARegulations and ADA
Standards
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2010 Standards Applies...
•New Construction
•Alterations
•State and local government facilities --Physical Changes for Program Accessibility
•Public accommodations -- Readily Achievable Barrier Removal
A Kit of Parts...
Title II & III2010 ADA Standards
Chapter 1 (reference standards, defined terms, etc...)
Chapter 2 Scoping Requirements
Chapters 3 - 10 Technical Requirements
Requirements Not Duplicated...
§ 35.151 or subpart D of 28 CFR part 36
New Construction
ADA Regulations --§35.151(a) and §36.401 New Construction
designed and...designed and constructed...
...facility or part of the facility is readily accessible to and usable by individuals with disabilities...
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• All areas of newly designed and newly constructed buildings and
Section 201.1 Scope
buildings and facilities and alteredportions of existing buildings and facilities shall comply with these requirements.
Existing Buildings and Facilities
ADA Regulations -§35.151(b) §36.402 Alterations--
...in a manner that affects or could affect the usability of the facility or part of the facility...
...the altered portion of the facility is readily accessible to and usable by individuals with disabilities...
Existing Buildings and Facilities
202.2 Additions
202 3 Alterations202.3 Alterations
202.4 ...Primary Function Areas
202.5 ...Qualified Historic Buildings and Facilities
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Searching -- 2010 Standards
Grab Bar
Maintaining ComplianceCompliance
35.133 & 36.211 Maintenance of Accessible Features
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Broken Pavement or Missing Pavement
Drainage Issues
Clearing Snow at Crosswalks
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Maintaining Compliance?
New Restaurant
Alterations & New...
206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, g , g g ,and outdoor dining areas.
Exception 2. In alterations, an accessible route shall not be required to existing raised or sunken dining areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities.
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Existing Gate
Replacement Gate...
Dining and Work Surfaces
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Dining and Work Surfaces
Fixed and Non-Fixed
Dining Tables
Pedestal in clear floor space
Provide accessible table
Bars
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Other Tables and Seating
35.130(b)(7) Reasonable Modification
A public entity shall make reasonable modifications in policies, practices, or procedures p , p , pwhen the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.
§ 36.302 Modifications in policies, practices, or procedures
A public accommodation shall make reasonable modifications in policies, practices, or procedures, p p pwhen the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.
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Public Computers
Public Computers
§ 35.160 General --Communications...
(a)(1) A public entity shall take appropriate steps to ensure thatappropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.
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Emergency Call Stations
Not on Accessible Route
Emergency Call Stations
2010 StandardsChapter 3 Building Blocks
48 inches max -- 15 inches min
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Chapter 3: Building Blocks302 Floor or Ground Surfaces
303 Changes in Level
304 Turning Spaceg p
305 Clear Floor or Ground Space
306 Knee and Toe Clearance
307 Protruding Objects
308 Reach Ranges
309 Operable Parts
Applying Building Blocks
302 Floor or Ground Surfaces
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Gratings on Accessible Routes
303 Changes in Level
Ramp Over Electrical Cover
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304 Turning Spaces
304.3.1 60 inch min circle
304.3.2 60 inch min T-space
305 Clear Floor or Ground Space
Blocked Clear Floor Space
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Alcoves 305.7 Maneuvering Clearance. Where a clear floor or ground space is located in an alcove or otherwise confined on all or part of three sides, additional maneuvering clearance shall be provided in accordance with 305.7.1 and 305.7.2.
Alcove?
306 Knee and Toe Clearance
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Knee and Toe Clearance
307 Protruding Objects
Recessed Hand Dryer
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Surface Mount Hand Dryer
Detectable Rail
Wing Walls at Wall-Mounted Fountains
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307 Protruding Objects
Hazard?
Detectable Surface?
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What About?
Sculpture?
308 Reach Ranges
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Obstructed Reach
Obstructed Reach?
Children’s Reach
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309 Operable Parts
Questions
??
CONTACTS
Jim Bostrom
202 - 307 – 2584jim.bostrom@usdoj.gov
Kat Jackson
202 - 514 – 0605kat.jackson@usdoj.gov