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 Design Effective 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 Accessible routes 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 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

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