2010 ada standards seminar: application for existing buildings

Code Consultants, Inc.

2010 ADA Standards Seminar:Applications for Existing Buildings

July 26, 2012

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© Code Consultants, Inc. 2012

2© 2012 CODE CONSULTANTS, INC.

Amy J. Murdock, PEPrincipal

Code Consultants, Inc.2043 Woodland Pkwy; Suite 300

St. Louis, Missouri 63146314-991-2633

Kevin D. Morin, PEPrincipal

Code Consultants Professional Engineers, PC215 West 40th Street, 15th Floor

New York, New York 10018212-216-9596

Agenda

• Accessibility Codes, Standards, Guidelines• Definitions• Barrier Removal• Alterations• New 2010 Requirements


Codes, Standards, and Guidelines

• 2008 NYC Building Codereferences ICC/ANSI A117.1, 2003 EditionLocal Law 58

• Fair Housing Act• 2010 Standards for Accessible Design. Title III

Rule of the Americans with Disabilities Act (ADA)

• Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right‐of‐Way


Short list of differences between new (2008) and old (1968) New York City Building Code….


Item LL58 ‐ 1987 New NYCBC FHA ADA

Exterior entry doors All “public” All “public” At least one ADAAG: 50 percent2010 Standards:60 percent

Exterior Door Opening Force 8.5 pounds 8.5 pounds No requirement No requirement

Interior threshold height 1 inch max 1/2 inch max 1/2 inch max 1/2 inch max

Threshold height at exterior deck in residential space

No requirement 3/4 inch for permeable deck; 4 inches for non‐permeable deck

3/4 inch for permeable deck; 4 inches for non‐permeable deck

N/A

Threshold height at exterior deck in public space

1 inch max 1/2 inch max 1/2 inch max 1/2 inch max

Toilet room space at water closet in residential space

16‐1/2 inches to wall, 16‐1/2 inches to lavatory, total 33 inches wall to lavatory

18 inches to wall, 18 inches to lavatory, total 36 inches wall to lavatory

Varies depending on safe harbor:18 inches to wall,15 inches to lavatory

N/A

Toilet room space at water closet in public space

18 inches to wall, 18 inches to lavatory

16‐18 inches to wall,60 inches from side wall to lavatory

Varies depending on safe harbor:Either:18 inches to wall, 18 inches to lavatory; or, 16‐18 inches to wall,60 inches from side wall to lavatory

ADAAG: 18 inches to wall, 18 inches to lavatory2010 Standards:16‐18 inches to wall,60 inches from side wall to lavatory

Side wall grab bar length in residential space

15 inches min starting 12 inches max from rear wall, extending 15 inches min from rear wall

18 inches min starting 12 inches from rear wall, extending 30 inches min from rear wall

Varies depending on safe harbor: 24 ‐ 42 inches

N/A

Side wall grab bar length in public space

42 inches 42 inches 42 inches 42 inches 6© 2012 CODE CONSULTANTS, INC.

Application of Rules for NYC Apts/Condos

Jurisdiction Building Area

Regulation

Existing Building: Same occupancy with less than 50% of the cost in alterations

New construction; or, Existing Construction with changed occupancy for the building or > 50% cost of the building in alteration expense

New York City Common/public use (lobby, parking, sidewalks)

Local Law 58‐1987 with the 1986 ANSI A117.1

2008 NYCBC with 2003 ANSI A117.1

Residential units

US Federal Law * Public use (lobby, sidewalks, retail, leasing office)

HUD’s Fair Housing Act (FHA)**

‐ Prior to March 15, 2012: 1994 ADAAG

‐March 15, 2012+: 2010 Standards

Residential units and common use areas (lobby, parking, pool)

HUD’s Fair Housing Act (FHA)**

7

*The ADA applies only to areas accessible by the public. It covers retail areas and the main lobby as well as any leasing/rental office. It does not apply to any elevator which provides access to only residential floors.

**HUD recognizes 10 safe harbors for compliance with the Fair Housing Act’s design and construction requirements.

© 2012 CODE CONSULTANTS, INC.

Fair Housing Act: HUD Safe Harbors1. HUD Fair Housing Accessibility Guidelines published on March 6, 1991 and the

Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, published on June 28, 1994.

2. HUD Fair Housing Act Design Manual3. ANSI A117.1 (1986), used with the Fair Housing Act, HUD's regulations, and the

Guidelines.4. CABO/ANSI A117.1 (1992), used with the Fair Housing Act, HUD's regulations, and

the Guidelines.5. ICC/ANSI A117.1 (1998), used with the Fair Housing Act, HUD's regulations, and

the Guidelines.6. Code Requirements for Housing Accessibility 2000 (CRHA).7. International Building Code 2000 as amended by the 2001 Supplement to the

International Codes.8. International Building Code 2003, with one condition.9. ICC/ANSI A117.1 (2003) used with the Fair Housing Act, HUD's regulations, and

the Guidelines10. 2006 International Building Code ®


http://www.hud.gov/offices/fheo/disabilities/fhefhag.cfm

http://www.huduser.org/Publications/pdf/fairhousing/fairappC.pdf

http://www.huduser.org/Publications/pdf/fairhousing/fairappC.pdf

http://www.huduser.org/publications/destech/fairhousing.html

http://www.usdoj.gov/crt/housing/title8.htm

http://www.usdoj.gov/crt/housing/title8.htm

http://www.hud.gov/offices/fheo/disabilities/fhefhag.cfm

2010 Standards

• March 15, 2012: The 2010 Standards become mandatory. There is no option for using the old ADAAG any longer.


• The “trigger” date is the date on which the application for a building permit or permit extension is accepted/certified by the local AHJ – not the date of permit issuance.

What Happened March 15, 2012 –Element‐by‐Element Safe Harbor

• 1994 ADAAG existing facilities – safe harbor and don’t have to comply with 2010 Standards until the specific element is altered or required to be altered.

• At the time of alteration then the element must comply with the new rules.


What Happens March 15, 2012 –Removal of Barriers; New Item• New provisions in 2010 Standards not in the ADAAG need to be made compliant.Recreational equipment (including play areas)Water featuresPool accessExercise equipmentTeam or player seatingAccessible route in court sports facilities


Construction – Removal of Barriers

Recall that all public accommodation buildings covered by the ADA are subject to the removing barriers.• Applies to existing buildings whether alterations are planned or not.

• Hierarchy/priority list • Install off‐set hinges on a narrow door, ramping a curb, installing visual alarms, switching door hardware, etc.


Barrier Removal

• Only applies to buildings constructed prior to 1992

• Priority ListExterior AccessInterior Access (basic/general)RestroomsInterior Access (detailed/specific)


Barrier Removal Priority List –Detailed Review

Exterior Access• Public sidewalks,• Parking, or • Public transportation.Example • Install entrance ramp,• Widen entrance, or• Provide accessible

parking spaces

Interior Access• Areas where goods or

services are available.• CorridorsExample• Widen doors,• Rearranging displays, or• Install Braille and raised

character signage.


Barrier Removal Priority List –Detailed Review

Restroom Access• Widen doors,• Install ramps,• Install accessible

signage,• Widen toilet stalls,• Install grab bars, or• Relocate dispensers.

Interior AccessAny other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations.


Barrier Removal – N/A?

• Buildings constructed after 1992 and have accessibility deficiencies are noncompliant.Really NO “barrier removal”All noncompliant conditions need to be remedied Priority order could follow barrier removal listPriority could be easy to difficult


Barrier Removal – 2010

• New 2010 Standard provisions not outlined in ADAAG need to be remedied.


• Even if the industry is pushing back, remove the barrier.

• Building owner can establish a timeline to complete the updates.

Construction ‐ Alteration

If an area of primary function is altered the path of travel to the altered area must be made accessible including restrooms, telephones and drinking fountains. • The path of travel must be made accessible to the maximum extent feasible until the 20 percent threshold is achieved.

• Priority List for alterations also!


Alteration Priority List

1. An accessible entrance; 2. An accessible route to the altered area;3. At least one accessible restroom for each sex or a

single unisex restroom;4. Accessible telephones;5. Accessible drinking fountains; and,6. Where possible, additional accessible elements such

as parking, storage, and alarms.


Alteration – Disproportionate Cost

• Not readily achievable • Deemed to be a disproportionate cost (>20% of the project cost)

• Accommodations must be made to provide goods and services.

• Reasons which accessibility cannot be achieved should be documented and kept with a project file or somewhere where it can be retrieved in the future.


Alteration – IMPORTANT!

• Courts have ruled that up to 20% of a project costs can be considered a reasonable expense to provide the accessible route to the altered area of primary function.

• So…remove barriers for a cost up to 20% of a project’s cost; unless no barriers are presented.


Definitions – DimensionsThe Million Dollar Question

• Dimensions that are not stated as “maximum” or “minimum” are absolute – can’t be above; can’t be below.

• Absolute dimensions are subject to conventional industry tolerances.

• Range dimensions (max. and min. end points) are not subject to tolerances.

• Centerline measurements are normally more liberal due to difficulty.

22104.1


Definitions – Impracticable (aka Tech Infeas)A friendly reminder• Structural conditions would require removal or alteration of a load‐bearing member essential to structural frame.

• Existing site constraints prohibit modification.

• Not just because project doesn’t have fee in the budget.

23

106.5


Impracticable SituationDOCUMENT!!!

• DoJ has ruled 20% of construction costs should be allocated to Barrier Removal.

• Document your case if impracticable.

24

106.5


Public Street

infill slab Add lift Another entrance

Example: 1108 Amy’s Way, NYC

• 10 story office building; built 1990• Level 3 will be altered to include a food court.

• Level 4 will be altered to include meeting/event rooms for the public to rent.


1108 Amy’s Way – Alteration

26

• Codes – NYCWhere the estimated cost of the building alterations in any 12 month period exceeds fifty percent of the cost of replacement of the building, compliance with the NYCBC is required.Otherwise LL 58 or 2008 NYCBC is acceptable.

• CCI would suggest 2008 NYCBC


1108 Amy’s Way – Alteration

27

• Codes – 2010 ADA StandardsConfirm path of travel complianceMain entranceRestroomsDrinking fountains…

Confirm 20%!!!

• Level 3 food court and Level 4 meeting/event rooms design must comply.


Amy J. Murdock, PEPrincipal

Code Consultants, Inc.2043 Woodland Pkwy; Suite 300

St. Louis, Missouri 63146314-991-2633

Kevin D. Morin, PEPrincipal

Code Consultants Professional Engineers, PC215 West 40th Street, 15th Floor

New York, New York 10018212-216-9596


2010 ada standards seminar: application for existing buildings

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