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ADA Guidelines & Standards. KNR 270. Access Board. “Access Board” is federal agency responsible for accessibility design guidelines aka Architectural & Transportation Barriers Compliance Board Board is appointed by President ½ Board members are PWD Creates Guidelines
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ADA Guidelines & Standards KNR 270
Access Board • “Access Board” is federal agency responsible for accessibility design guidelines • aka Architectural & Transportation Barriers Compliance Board • Board is appointed by President • ½ Board members are PWD • Creates Guidelines • Guidelines are the basis for standards • Standards have legal authority and can be enforced
ADA Accessibility Guidelines • ADAAG • First published in 1991 • Established required design requirements for the construction & alterations of facilities in private & public sectors • Provided scoping & technical requirements • Approach, entrance, & use of major areas • Basis for 1991 ADA Standards for Accessible Design • Dept. of Justice
ADA Accessibility Guidelines • Scoping requirements • Require an accessible element must be provided • Require minimum number or percentage of elements be accessible • Number of van parking spaces • Number of hotel rooms • Number of TTYs
ADA Accessibility Guidelines • Technical requirements • Describe the characteristics of an accessible element • Width of door • Rise of ramp • Threshold height (no more than ½”) • Pressure to open door (not exceed 5 lbs. for exterior doors)
Standards after ADA Enacted • ADA Standards for Accessible Design (1991) • State & local government • Public areas • Uniform Federal Accessibility Standards (1982) • Architectural Barriers Act • Federal • ADA and ABA Accessibility Guidelines for Buildings & Facilities (2004) • All playing by same rules • Consistency
Access Board Rulemaking in Development • Outdoor Developed Areas (trails) • Passenger Vessels (cruise line) • Emergency Transportable Housing (Katrina FEMS trailers) • Shared Use Paths (hiker/biker trails) • Classroom Acoustics
2010 ADA Standards for Accessible DesignEffective March 15, 2012 • Based on ADA and ABA Accessibility Guidelines for Buildings & Facilities (2004) • Generic changes to buildings & facilities (reach ranges, van parking, press boxes, toilets, etc. • Earlier supplements added • Recreation Facilities (2002) • Play Areas (2000) • Children’s Environments (1998) • Additional DOJ requirements • Assembly Areas (horizontal dispersion) • Residential Dwelling Units • Places of Lodging
Safe Harbor – Existing Facilities • Elements that comply with 1991 Standards do not need to be modified to meet 2010 Standards unless those elements are altered on or after March 15, 2012. • Safe Harbor does not apply to elements in existing facilities that were not subject to specific requirements for the 1991 Standards. • “Project civic action” • DOJ no longer waiting for complaints • Going out and checking accessibility
Elements in 2010 Standards NOT Subject to Safe Harbor • Amusement rides • Recreational boating facilities • Exercise machines & equipment • Fishing piers & platforms • Golf facilities • Miniature golf facilities • Play areas • Saunas & steam rooms • Swimming pools, wading pools, & spas • Shooting facilities • Miscellaneous • Team or player seating • Accessible route to bowling lanes • Accessible route in court sport facilities
Other Areas Addressed by Standards • Service animals • Other power-driven mobility devices • Maintenance of accessible features • Reservation made by places of lodging
Service Animals • Defined as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability • Miniature horse may be an accommodation to someone who is blind & allergic to dogs • Comfort or emotional support is not covered • People with all types of disabilities can use service animals (autism, PTSD, mental illnesses)
Service Animals – Allowable Questions • Is this service animal required because of a disability? • What work or task has the animal been trained to perform? • Can’t require written confirmation documentation • Can’t make animal wear any type of equipment • Can go to all areas of the public • Can go in pool (seizure dog or physical support) (IL proposal)
Other Power Driven Mobility Devices • Golf carts • Segways (preferred mode of many vets) • Can be used indoors or outdoors • Any area open for pedestrian use • Convention halls • Can have legitimate safety rules • Speed limit • Keep at certain distance
Other Power Driven Mobility Devices – Allowable Questions • Can’t ask about nature or extent of disability • Can’t ask what disability is or why need device • Can ask to provide credible assurance that device is required because of a disability • Valid parking tag • Credible verbal assurance
Play Areas • Play components • Accessible routes • Surfacing • Soft contained play structures
Recreation Facilities • Amusement rides • Boating facilities • Fishing piers & platforms • Golf courses • Miniature golf courses • Sports facilities • Swimming pools & spas
Outdoor Developed Areas • Trails • Picnic & camping facilities • Beach access routes
Play Areas • A play area is a site that: • Contains play components • Designed & constructed for children • Separated by age ranges for safety • 2-5 y/o; 5-12 y/o • Each of the age areas must be evaluated separately for accessibility
Play Areas • Ground level play components • 1 of each type must be accessible • Where elevated play components are provided, ground level must equal at least 50% of the total number of elevated elements • Except when there is a ramp to each elevated play area • Must be integrated in the play area
Play Areas • Elevated play components • 50% of elevated must be accessible • Must provide ramp accessibility if 20 or more components • If less than 20 a transfer station can be used • Accessible routes • At least 1 in playground • Connect accessible play components
Play Areas • Accessible surfaces • Inside play area • Must meet ASTM 1951-99 standards • Laboratory test • Poured in place rubber • Rubber matting • Some engineered wood fiber (Maintenance is key) • Not wood chips, pea gravel, sand • Rubber chips are questionable
Play Areas • Accessible surfaces • Outside play area • ADAAG accessible route provisions apply • Stable, firm, & slip resistant
Golf courses • No major implications for design of course • Golf cart passage • Continuous passage • Teeing grounds • Where 1 or 2, at least 1 • Putting greens • Designed so golf cart can enter & exit
Advance Notice of Proposed Rulemaking • Availability of adapted golf carts • Provide? • Number? • Recommend single rider
Swimming pools • 2 means of access into water (less than 300’ = 1 means) • Primary • Lift • Sloped entry • Secondary • Lift • Sloped entry • Transfer wall • Stairs • Transfer system
LAWSUITS • Lawsuits are further defining ADA • PGA vs. Casey Martin • Others (DOJ)
ENFORCEMENT • Access Board • Department of Transportation • Federal Communication Commission • Equal Employment Opportunities Com. • Department of Interior • Department of Justice
How can I keep up? • Internet • Workshops • Conferences • Journal articles • Consultants • Networking • News articles