Disability Access a HENDRY Building Surveyor’s Perspective

Disability Access a HENDRYBuilding Surveyor’s Perspective New South Wales

HENDRY Building Surveying Consultancy since 1982 Nationally New South Wales

Restricted mobility Wheelchair Blind/ vision impaired Age Hearing Impairment Amputees/prosthetics Temporary (crutches) Intellectual disability Mental illness Acquired illness/ brain injury Chronic illness (respiratory) Disease causing organisms (malaria) What are disabilities? New South Wales

Why do we have Disability Access? Disability (Access to Premises-Buildings) Standards • enhance opportunities to access employment, education and services • connect with the broader community through improvement of accessibility to public buildings • part of the Australian Government’s ten-year National Disability Strategy New South Wales

Commonwealth Legislation adopted by States and Territories Commonwealth Disability Discrimination Act 1992 adopts Disability (Access to Premises – Buildings) Standards 2010 • also the administrative provisions are proposed to be adopted by the NSW Environmental Planning and Assessment Regulation 2000 • all technical compliance provisions now included into Part D3 of the BCA 2011 New South Wales

Implications for Buildings May 1, 2011 - all new buildings and building work needs to comply with disability access provisions. Alterations to Existing Buildings: that require the issue of a Construction Certificate or Complying Development Certificate, may also trigger a disability access upgrade of the ‘Affected Part’ – the principal pedestrian entrance, toilets, stairs/ ramps/lifts and paths of travel to the area of work. New South Wales

Change of Use – existing buildings Clause 93 of NSW EPAR 2000 • Change of building use may trigger an upgrade of disability access and toilet facilities to current BCA 2011 and AS 1428.1-2009 Clause 94 of NSW EPAR 2000 • Refurbishments, along with any other alterations completed within the previous 3 years, exceeding over half the original volume of the building, may also require the entire building to comply with current BCA 2011 and AS 1428.1-2009; or • The building has inadequate fire safety measures New South Wales

Alterations to Existing Buildings Owner or Whole Lessee One of many Lessees Affected part Area of work - Tenancy Area of work New South Wales

Exemptions and Concessions • Access from allotment boundaries, accessible car parking spaces on the allotment or between buildings are exempt. • Concessions apply to multi-tenanted buildings where the tenant carries out the alterations. • Lifts are not required in a building three storeys or less, where the floor area of each floor is not more than 200 m2. • Under certain circumstances lifts and toilets that comply with AS 1428.1 – 2001 do not have to be upgraded to AS 1428.1 -2009. • General disability access exemptions for areas inappropriate because of the areas’ purpose, or to areas posing a health or safety risk to people with a disability. New South Wales

Existing Buildings – no building works Existing buildings not undergoing alterations or change of use are not required to be upgraded. However, the existing building could still be subject to a complaint under the Commonwealth Disability Discrimination Act, and a case made for compliance with the Premises Standards. New South Wales

Alternative Solutions Performance Requirements Alternative solutions can also be considered: • where the access proposal complies with BCA performance requirements, instead of the Deemed to Satisfy Provisions of the BCA • where the level of disability access is not less than the Deemed to Satisfy Provisions New South Wales

Unjustifiable Hardship Application can be made to the Building Professionals Board (BPB) Access Advisory Committee on the grounds of unjustifiable hardship in relation to disability access, however: The extent of documentation that must be submitted with the application (including financial position etc), is likely to make the process exceedingly difficult. All disability access provisions not subject to financial hardship will still apply. New South Wales

BCA 2011 Major changes D3.1 New Access Requirements apply to: • Class 1b Dwellings (4 or more holiday cabins) • Class 1b Dwellings (hostel, guest house, B&B) • Class 2 Unit buildings • Class 3 Buildings (large hostel, boarding, motel) • Class 7a Public carparks • Class 9c Aged Care buildings • Class 10b Swimming pools New South Wales

BCA 2011 Major changes Access must be provided through the principal pedestrian entrance and to not less than 50% of all pedestrian entrances. In buildings with a total floor area exceeding 500 m², an inaccessible pedestrian entrance must be no more than 50 metres from an accessible pedestrian entrance. New South Wales

BCA 2011 Major changes 50 m 50 m > 500 m² Accessible entrance Inaccessible entrance New South Wales

BCA 2011 and AS 1428.1-2009 Major changes • Increased clear opening width of doorways from 800mm to 850mm. • Where a doorway has multiple leaves (except an automatic opening door) one of the leaves must have a clear opening width of not less than 850mm. New South Wales

BCA 2011 Major changes • Access ways must have passing spaces and turning spaces at intervals and locations in accordance with BCA D3.3 (c), (d) and (e). 400 mm 1 m 1 m 800 mm 400 mm 2 m 2 m New South Wales

BCA 2011 and AS 1428.1-2009 Major changes • AS 1428.1 clause 10,11 - compliance for every ramp and stairway, (other than fire isolated stairways). New South Wales

BCA 2011 and AS 1428.1-2009 Major changes New South Wales

BCA 2011 Major changes Lifts or ramps are not required in an office, retail, warehouse or factory building three storeys or less, where the floor area of each floor (excluding entrance storey) is not more than 200 m². 200 m² 200 m² New South Wales

BCA 2011 Major changes D3.4 – Exemptions • Access not required where: - Inappropriate because of particular purpose the area is used for; or - Area would pose a health or safety risk for people with a disability • Examples could be loading docks, foundry floors and rigging loft – assessment on a case by case basis New South Wales

BCA 2011 Major changes – Car Parking • AS / NZS 2890.6-2009 has been adopted for the dimensions and clearances required for the design of car parking spaces for people with disabilities. New South Wales

BCA 2011 and AS 1428.1-2009 Major changes Increased motif / markings on doors and sidelights that could be mistaken for a doorway or opening BCA D3.12 & AS 1428.1 Clause 6.6. New South Wales

BCA 2011 Major changes D3.6 - Signage Main changes: - Improved signage about type of hearing augmentation system used and where receivers can be obtained - Signage indicating right or left hand transfer in accessible toilets - Signage indicating ambulant accessible toilets New South Wales

BCA 2011 Major changes D3.7 – Hearing augmentation Main changes: • Removal of the 100 m2 room size concession • Increased area coverage for induction loop system from 15% to 80% of area • System using receivers must cover 95% of the area and receivers must be provided as a ratio of the number of occupants on a sliding scale. New South Wales

BCA 2011 Major changes D3.9 Wheelchair seating spaces in assembly buildings Main changes: • Increased number of wheelchair seating spaces • Location and grouping specified to provide seating options including restrictions on how many wheelchair seating spaces can be located in front rows of cinemas. New South Wales

BCA 2011 Major changes D3.11 – Ramps limitation • A limitation on the use of ramps has been introduced whereby a series of connecting ramps cannot rise more than 3.6m • Restrictions on overlapping landings New South Wales

BCA 2011 and AS 1428.1-2009 Major changes Part E3 – Lift installations • Introduces a wide range of lift options with limitations on use • Specifies features that each type of lift must have • Note that unenclosed lifts may use constant pressure devices for operation (for 5 year review) New South Wales

BCA 2011 and AS 1428.1-2009 Major changes Part F2 – Sanitary facilities • Generally a unisex accessible toilet must be provided on every storey where there are toilets • If more than one block of toilets on any floor then unisex accessible toilets at 50% (for 5 year review) • Left and right handed facilities where more than 1 • Clarifies washbasin & fixtures must be inside facility • Increased circulation space required in AS 1428.1 • Ambulant accessible toilet in addition to aunisex accessible toilet New South Wales

BCA 2011 Major changes Part H2 – Public transport buildings • Transferred from the Disability Standards for Accessible Public Transport • Provides requirements for passenger use areas of public transport buildings and timetable for compliance of existing buildings • Where H2 requires different compliance targets they take precedence New South Wales

Questions Thank you New South Wales

Disability Access a HENDRY Building Surveyor’s Perspective