Endelman & Associates PLLC Accessibility Consulting ADA – FHA Compliance William E. Endelman, AIA...

Endelman & Associates PLLC

Accessibility Consulting ADA – FHA Compliance

William E. Endelman, AIA - PrincipalPresented By – Michael Schneider, Senior

Consultant_________________________________________________NEW: One Union Square, 600 University St., Suite 1715

Seattle, WA 98101T 206.324.6462 F 206.324.6469

[email protected] www.endelman.com

Practical Fair Housing Act / ADA / CodeAccessibility Compliance

For Cascadia Chapter SAVE International

PART 1

Copyright 2014 Endelman & Associates PLLC. All rights reserved. Duplication prohibited without express written permission except for the limited specified internal use by this client. Provided information is NOT intended to represent all requirements of applicable laws.



Architects specializing in Facility Accessibility Consulting: ADA, FHA, Code

Risk Management Approach – Avoid $$$

Over 600 Clients 250 million sq. ft. of ADA / FHA

Surveys Survey Solutions & Manager

Software™ Expert Witness on FHA & ADA to both

DOJ and Developers – objective interpretation

Accessibility Design Reviews of SD – CDs


Endelman & Associates PLLCSenior Consultant Team

Bart Sanderson

Jim Safranek

Michael Schneider

Soo Park


Training Objectives1. Provide overview of FHA / ADA / UFAS / IBC

Code accessibility standards and applicability to projects.

2. Provide practical overview of multi-unit housing Fair Housing Act requirements and design implications.

3. Learn the dozen most common compliance mistakes in design and in the field.

4. Learn some significant scoping changes in the new 2010 ADA Standards applicable to multiunit housing.

TIP - Recognize issues, don’t memorize all details.

True or False?1. If a project is approved by a Building

Department that also means that the project is Fair Housing Act and ADA compliant.

2. A manufacturer’s website listing of a product as “ADA compliant” means that the manufacturer has obtained approval from the US Department of Justice (DOJ).

3. A Consent Decree by the DOJ establishes legal precedent for FHA or ADA compliance for other clients on future projects.

4. The ADA applies to multi-unit housing projects. Endelman & Associates PLLC


Accessibility RequirementsWhere do the ADA (Title II & III), FHA, and WAC 51-50

Amendments to the 2009 IBC / ANSI A117.1-2003 apply?

ADA and Fair Housing Act are Civil Rights legislation, not Code

ADA – Americans with Disabilities Act - Technical Guidelines: “New ADAAG” – 2010 ADA Standards 9/15/10 Details follow

ADA Title III - Existing Buildings – Remove barriers in Public Accommodations to extent it is “Readily Achievable”

ADA Title II - Public Entities – Remove barriers to “Programs” unless an “Undue Financial Burden”

ADA - New Buildings must comply in public and staff areas

Fair Housing Amendments Act 1988 – applies to multi unit housing with 4 or more units for first occupancy after 3/13/91


Accessibility Requirements Fair Housing Amendments Act 1988: 7 Broad

requirements for “usable” buildings after 3/13/91

Fair Housing Accessibility Guidelines (scoping and standards) & ANSI A117.1 (2003) for Reqs. 1 & 2; ICC A117.1 - 2009 is NOT an FHA safe harbor

Fair Housing Act Design Manual – HUD’s clarification & Interpretation of FHA compliance – best for units

FHA – 10 “Safe Harbors” for compliance, but lawsuits cite FHA Guidelines or Design Manual / 1986 ANSI

Critical Housing Item: FHA Site Analysis Test before & after design – exemption limited in practical terms


FHA Guidelines 7 Requirements

1. Accessible building entrances on an accessible route – per ANSI A117.1 safe harbor

2. Accessible and usable public and common use areas – per ANSI A117.1 safe harbor

3. Usable doors4. Accessible route into and through the

covered dwelling unit5. Light switches, electrical outlets,

thermostats and other environmental controls in accessible locations

6. Reinforced walls for (future) grab bars7. Usable kitchens and bathrooms


Building Codes: 2012 IBC Ch. 11 / ICC A117.1 - 2009) with

WAC 51-50 (Seattle) amendments Watch Local Amendments - WA = higher

% of Type A Units - 5% ICC A117.1-2009 differs from ANSI

A117.1 – 2003; reorganized sections and some changes

Also Ch. 34 – Section 3409 for existing Buildings

Different states, such as CA = different requirements. Beware the prototype unit!

Accessibility Requirements


Accessibility Requirements Unique Codes - CA, IL, FL, GA, others Some States have State Statutes as an

additional layer beyond Code – CO - CRS 9-5

States often adopt FHA and/or ADA Language as State law, which is enforceable at State level

Future 2010 ADA Standards Amendments: Developed Recreation Facilities; Public Right of Ways

(CA – CBC Ch. 11A– No Type A or Type B Units – All units meet a unique “in between” standard)


Accessibility RequirementsADA: 2010 ADA Standards replaces old

ADAAG: 2010 ADA Standards for Accessible Design

(ADAS) –supplants 1991 Standards / ADAAG – July 1, 1994 (amended ADA / ABA Accessibility Guidelines – July 1, 2004); enforceable 3/15/12

The new standards are quite similar to ANSI A117.1-2003 referenced in the IBC.

ADA applies only to Leasing related routes and parking, and any retail spaces in multi-unit projects


Accessibility Requirements

New ADA scoping sections for public accommodations & public entities must meet 2010 Standards.(A) Residential facilities and dwelling units (not Private Units, except*), (B) Amusement rides, (C) Recreational boating facilities, (D) Exercise machines and equipment, (E) Fishing piers and platforms, (F) Golf facilities, (G) Miniature golf facilities, (H) Play areas, (I) Saunas and steam rooms, (J) Swimming pools, wading pools, and spas, (K) Shooting facilities with firing positions, (L) Miscellaneous including - (1) Team or player seating, (2) Accessible route to bowling lanes, (3) Accessible route in court sports facilities.


Accessibility RequirementsA few Notable ADA Regulations Affecting Multiunit Design: Housing at Place of Education – defined as

operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.

Qty. of units per Table meet ADA transient lodging requirements: units with mobility features without roll-in showers, with roll-in showers, and units with communication features (mostly standard units).

3’ door width required for “standard units” (Type B)


Accessibility Requirements Grad student housing with no common use

educational function meet Residential Sec. 233

*ADA Also Applies to HUD Section 504 Housing : in addition to UFAS.

ADA applies State and Local public entity finding. (Title II) triggers compliance with ADA Residential Standards. Design impacts.

IN SUMMARY – Comply with most stringent of multiple standards.


Accessibility RequirementsOther Aspects of ADA Compliance: Cannot “cherry pick” from old and new

Standards – must be consistent. When an area is altered after 3/15/12, then

that area must meet the new 2010 ADA Standards.

Construction Tolerances are not allowed when the Standards provide a range (e.g. per the 2010 Standards a toilet must be between 16” to 18” from the side wall, so 15-1/2” would not be an acceptable tolerance).


Accessibility Requirements The Final Rules were adopted separately

for Title III – Public Accommodations (28 CFR Part 36), and Title II – Public Entities (28 CFR Part 35). Both downloadable from www.ADA.gov.

They include additional technical regulations that affect facilities beyond the 2010 Standards document, including assembly spaces and transient lodging.

http://www.ada.gov/


Essential Tools in the Field Accuracy is important for

compliance “Smart Level” – 24” Digital level

– • Architects and contractors

need to have one; not 4’ level• $200 M-D SmartTool or

Stabila; May not be at Home Depot

• Accurate to 0.1% - Calibrate. Tape Measure – Minimum 16’ Door Force Gauge – Sources:

HMC Int’l, The Access Store, Amazon.com


Dirty Dozen - MISTAKES In Providing Compliant Multiunit

Housing - Tech Issues:1. Slopes at walkways & continuity of routes

Max. 2% cross slope (1/4”/ft.) 5% to 8.33% slope is a ramp – handrails,

landings Best Practice> Specify 4.75% to not exceed

5% Access routes from all covered units to common

use amenities incl. Clubhouse, trash, mailbox, play areas

2. Curb ramps 1:12 side flares, not 1:10 if not 36” at top No curb ramps projecting into access aisle Detectable Warnings no longer in force per ADA –

intent was to incorporate this requirement only for curb ramps within the Public ROW; Bldg. code may apply - varies.


Technical Issues (P.2)3. Ramps - slope, landings, handrails

Max. run 30’ before a landing - 60”L x W 5% to 8.33% - Best Practice: specify 8% Handrails 1-1/4” to 1-1/2” on 2 sides Now other non-circular sections allowed

4. Doors - Approach - Slope & Maneuvering Code Type B - 32” clr. w/ tolerance -

Interpretations; FHA “nominal 32” = 31-5/8” = 2’-10” door; not primary entry; Code Type A – Full 32” clear!

Type A Units & public / common use areas need maneuvering space (exterior of unit entry); Type B door - none at interior; and now 2012 IBC / ICC 18” at entry!

Vestibules – 48” clear between open door & next; ANSI-2003 adds 60” turning space


Technical Issues (P.3)5. Units - Appliance clear floor space

30” x 48” parallel or forward, per appliance type

“Centered on” appliance issue; ANSI & FHADM differ

Code Type A sinks and Kitchen counter workspace

6. Units - Kitchen Clear Floor Space 40” at galley (48” CA), but watch refrigerator,

range, countertops; now 60” at all common use

60” clear throughout for Code Type A & B “U”-Shaped – 3 contiguous sides; FHA – 60” diameter w/sink or range at bottom of “U”


Technical Issues (P.4a)7. Units - Bathrooms

Either 1 FHA Specification B / ANSI Option B Bathroom – 30” x 48” parallel to Tub & 34” lav, OR ALL fixtures in ALL bathrooms FHA Spec. A / ANSI Option A

Toilet Centerline – 18” exactly from side wall, 18” min. from tub; more stringent than ANSI Type A 16” to 18”

Spec B. Lavatory – 34” to rim Compartmentalized Type B unit toilet rooms &

showers - 48” width is smallest width to provide clearances

Two-story housing units in elevator buildings FHA & Code– Primary Entry level bath or powder room access

Watch out for “Lofts”/Mezzanine Units – no bath on loft


Technical Issues (P.4b)Sample Unit Bathroom With Issues – Type B


Technical Issues (P.4c)Sample Unit Bathroom With Issues – Type A Unit


Technical Issues (P.5)8. Reach Range - Outlets & Thermostats

High: IBC 48” front & side. Low 15”. FHA Duplex wall outlet mounting height

Bottom outlet at +15” min AFF NOT centerline box; NOT to subfloor Tip - specify more to subfloor - avoid error

Countertop outlets – 46” max to top outlet; & inside corner outlets at “L” & “U” kitchens – minimum 36” from corner; appliance projection issues per FHADM

Thermostats – measure 48” to highest control, not centerline of box


Technical Issues (P.6)9. Accessible Parking

Code: difference between Residential 2% and Leasing Office / Retail per table

FHA – 2% of covered unit parking + “Sufficient number” of accessible visitor stalls + common use where parking provided + Leasing (ADA)

Stall & access aisle 2% max. slope all directions

8’ stall & 5’ access aisle (8’ for van stall) FHA does not require van stalls, but if there is

a Leasing Office or other public accommodation it requires 98” height per ADA (garages)! IBC requires 1 van per 6 accessible.


Technical Issues (P.7)

10.Common Use Restroom Issues Toilet new ADA & ANSI-2003-09 16”-18”;

Installed early - Difficult to revise (Old ADAAG 18”)

Flush Control on Wide Side – Typ. 50% wrong

Toilet paper – now 7”-9” centerline to front of toilet

Restroom Accessories – ADA & IBC 48”; (WA - 40”)

Lavatory Ht. – 34” to rim or counter – highest

Grab Bar & Accessory Interference – keep 1-1/2” clear below and 12” above

New – Additional vertical G.B. at public restrooms

(CA has different stall & toilet clearances, and signs)


Technical Issues (P.8)

11.Common use showers - Most are non-compliant

ADA & Code 36” x 36” clear transfer shower – many non-compliant products labeled ADA compliant

ADA & ANSI Roll-in 60” min. x 36”, no curb, drainage issues

Maneuvering space aligned with control wall

Grab bars, adjustable sprayers, seats ,etc. Housing Units Type A similar; Type B 36” x

36” clear if shower is only bathing fixture in unit

(In CA - CBC 42” x 48” transfer – ADA 36” x 36” conflict)


Technical Issues (P.9)12.Code Type A Units

All rooms require 60” turning space; gray area of walk-in closets; Galley Kitchen – use 36” clear width at sink

Balcony requires 60” diameter, or be less than 30” per Code, but 30” does not meet FHA minimum 36” route. Therefore no exception. Juliette – 15” to 18”

Stacked washer and dryers do not comply at Type A Units - upper compartment door exceeds 34”. New 2009 - 30” x 48” parallel to and centered on top load, offset at front load.

Operable windows – ICC 2009 - just clear floor space and 48”height – not hardware and operating force

Develop Type A early - not easy to adapt from Type B due to door maneuvering space, 3’- 0” doors, and larger bathroom.


Technical Issues (P.10)The Baker’s Dozen – Other Missed

Issues: Grab bar blocking required in ALL

bathrooms; Be conservative - Use FHADM dimensions

Common use kitchens fully accessible; some exceptions for no conventional range or cooktop

Code Type A & B require 60” clear throughout kitchens, exceeding 60” diameter per FHA.

Beware deep “Juliette” Balconies – if occupiable, then need to have 36” route.


Special Technical Design Issues:

Thresholds – Especially at high rise with post tensioned slabs and window walls: mfrs. high thresholds noncompliant for ½” swing, ¾” slider. Not fully resolvable conflict. Portable ramps – user space conflict. Document!

Mailboxes – Elevator buildings - all boxes 48” high reach and USPS 28” low. Non-elevator - USPS vertical numbering foils logic of low boxes in low rows.

Retail & Bldg. Entries – Matching public R.O.W grades and maintaining 2% door maneuvering space


Repercussions of Mistakes HUD, Advocacy Group, & Dept. of Justice

lawsuits Financial damages – Civil lawsuits by

Owner on “Architect Standard of Care” (negligence) vs. Court decisions on ADA & Architects

Large Renovation Cost to remedy - $$$ E & O Insurance Premiums Increase Dissatisfied clients Reputation in community

>>Therefore, know the requirements. Learn from mistakes & update standards at end of project.


Examples of Compliance Issues (P.1)

SLOPE & CROSS SLOPE

More than 2% Walk looks like

ramp slope - needs handrails per Code, but not FHA.



CURB RAMPS No curb ramps

allowed in access aisle

There is a very limited use for projecting curb ramps, and in specific circumstances



FHA KITCHEN ISSUES Required 40” clear

between countertop edges is compromised by refrigerator and dishwasher.

No 30” x 48” parallel to range; at “U” 60” clear throughout



RAMPS Slope was

designed to be under 5% - not a ramp.

Ramp exceeds 5% in parts, making it a ramp needing two handrails & landings.



GARAGE HT. FOR VAN FHA does not require

van stall for residents, but ADA does for public accommodation (leasing office).

Ironically, there is 98” except for the entry clearance sign!

Stall configuration



UNIT BATHROOM ISSUES:

FHA - TOILETS / TUBS Poor installation

can make an FHA Spec B bath into a Spec A bath

Consequence – 2 accessible bathrooms needed



Toilet Centerline and Lavatory Centerline Issues


Examples of Compliance Issues (P.8)COMMON USE RESTROOM ISSUES

Grab bar length / locationInterference with grab barLavatory pipe insulationNo 60” clear width at toilet32” in front of toilet (48” CA)

Seat cover dispenser clear floor space

Flush control on wide side


Examples of Compliance Issues (P.9)DOUBLE DOORSADA - Double doors require a single leaf to provide 32” clear width. 5’ pair does not comply at common use areas; OK per FHA at units. Inactive leaf hardware.

Door maneuvering space includes dimension perpendicular to the door or gate



Unit Door Maneuvering Space & Entry Walk Issues Exterior of unit door is part of common use

area – door maneuvering space Landings at Ramp direction change



Unit Door Width Issues Rubber stops on 6’ sliders reduce

compliant door; 5’ sliders do not comply ALL bedrooms and bathrooms must

comply



Door to the stall is not on the wide side of the toilet; Flush valve issue; Toilet paper dispenser issue.

Doors require 60” level landing. Cannot slope walk up to door.

44Endelman & Associates PLLC


The transfer shower is not 36” x 36” clear exactly, due to wall recesses.


Gap Between Compliant Drawings and Construction -

Procedural Issues: Don’t assume that Building Dept. catches

all errors. They don’t review & can’t waive ADA / FHA.

Contractor field changes can compromise compliance. Architects must monitor.

Submittals - Architect needs to catch compliance issues - Many “ADA” products do not comply!

Civil Engineers – Drainage vs. Access; Often insufficient grade points and dimensions

Do not just quote standards, draw how to comply.

Construction tolerance - Absolute vs. Range

ADA, Codes & A117.1 change.


Questions & Answers

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