Structural Accessibility of Public Entities ADA Trainer Network Module 5c Structural Accessibility of Public Entities The intent of this module is to familiarize participants with structural accessibility issues for new construction and existing facilities. Trainer’s Name Trainer’s Title Phone Number Email/Website Here

Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Northeast ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.

New Construction and Alterations All new construction and alterations to existing facilities (those built before the ADA) must be readily accessible to and usable by people with disabilities.

Existing Facilities Facilities built before the ADA are not required to make their property structurally accessible if they can provide non-structural program accessibility to their services, programs, and activities. If non-structural program accessibility is not possible, then structural accessibility must be provided unless it would result in undue burden or fundamental alteration.

What do you think? A public school was built in 1985. It has five main entrances, three of which are accessible. It is about to undergo renovations on the side of the building that has one of the inaccessible entrances. Since the building already has three accessible entrances and was built before the ADA, it does not have to renovate that entrance to be ADA-accessible. Is this correct? Read this scenario ask participants if they think the statement is correct. After some discussion advise them that: Since part of the school is undergoing renovations, it is considered “new construction” and therefore that part of the building, including the entrance, must be renovated to be accessible to and usable by people with disabilities. Be sure to tell participants that there is no such thing as “grandfathered in” under the ADA. Renovations are considered new construction.

Overview of Design Standards — Who Should Follow What? The ADA established some minimum standards for access for people with disabilities. These standards are reinforced by state and local laws and supported by the principles of universal design that promote usability for all. It is not important that you remember the exact codes, but we would like to let you know what some of these minimum standards are. You can get more information from the Federal ADA Accessibility guidelines available through the U.S. Access Board at: http://www.access-board.gov/adaag/html/adaag.htm

State & Local Building Code Official Each state has its own building codes, which are based on the International Code Council (ICC) — set minimum standards for each state Some states have stricter regulations than ICC For new construction or renovations to existing facilities you must contact your building code official first & follow the most strict code *Exception: State Agencies don’t have to contact their code official because they write their own building permit The ICC standards are being updated. They will be more similar to state codes.

U.S. Access Board & Standards for Accessible Design The Access Board is a federal agency that develops accessibility standards The Department of Justice (DOJ) actually enforces them. Formerly called ADAAG, they are now known as the 2010 Standards for Accessible Design. The Standards cover everything from signage, to bathrooms, etc. The 2004 ADAAG were guidelines. They have been slightly revised and now adapted to be the legally enforceable 2010 ADA Standards for Accessible Design.

2010 ADA Standards of Accessible Design The 2010 Standards related to construction and alterations must be complied with from 3/15/12 and beyond. Access complete information at: http://www.ada.gov/2010ADAstandards_index.htm The 2010 ADA Standards: are more "in harmony" with state codes; Have clearer illustrations/diagrams; and Do not have a "retrofit" requirement, meaning existing buildings that are already accessible will not be required to redo what they already have unless they do new construction in the future.  

2010 ADA Standards for Accessible Design Minimize compliance burdens on entities subject to more than one legal standard Harmonize with the federal standards implementing the Architectural Barriers Act with the private sector model codes that are adopted by most states

2010 ADA Standards for Accessible Design Element by Element Safe Harbor: Elements in covered facilities that were built or altered in compliance with the 1991 Standards are not required to comply with 2010 Standards until the elements are subject to a planned alteration. Similar safe harbors were adopted for elements associated with the “path of travel” to an altered area. This rule includes a general “safe harbor” which means the 2010 Standards do not require “retrofitting” of existing buildings and facilities. Alterations to provide an accessible path of travel are required to the extent that they are not "disproportionate" to the original alteration, that is, to the extent that the added accessibility costs do not exceed 20 percent of the cost of the original alteration to the primary function area.

Uniform Federal Accessibility Standards (UFAS) Standards for facility accessibility for federal and federally-funded facilities Standards are to be applied during the design, construction, and alteration of buildings/facilities Can be accessed at: http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/ufas UFAS applies to federal buildings and federally-funded facilities.

Important Point! When doing new construction or alterations, up until 3/15/12, Title II entities could use either the ADAAG or UFAS depending on which worked best for them. Now, all new construction or alterations must comply with the 2010 ADA Standards for Accessible Design State Building Codes may also need to be considered; participants should check with their local Codes Officer.

Design Priorities Getting to the door (parking, route, entrances, and doors) Accessing the service (merchandise, food, services inside the establishment) If public bathrooms are available, be sure there are accessible ones These are some things to keep in mind if you are trying to decide what needs to be done first in terms of building access. For more information and specific guidance, go to http://www.access-board.gov/guidelines-and- standards/buildings-and-sites/about-the-aba-standards/ufas or contact your state or local building code official. 14

Employment and Disability Institute Northeast ADA Center Employment and Disability Institute Cornell University Dolgen Hall Room 201 Ithaca, New York 14853-3901 Toll-Free : 800.949.4232 (NY, NJ, PR, USVI) Telephone 607.255.6686 Fax 607.255.2763 TTY 607.255.6686 Email northeastada@cornell.edu Web www.northeastada.org The contents of this presentation were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. Conclude by reminding participants that the training materials were produced by the Northeast ADA Center in collaboration with the National ADA Network. Remind them of the free and confidential technical assistance and other services available from your local ADA Center and from the ADA Centers throughout the country.