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DOJ Perspective on Designon Design...

James A. BostromDeputy Chief

Disability Rights SectionU. S. Department of

Justice

Kat JacksonAccessibility Specialist

Disability Rights SectionU. S. Department of

Justice

DOJ Regulations -- 28 CFR

Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services(as amended by the final rule published on September 15, 2010)

Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the final rule published on September 15, 2010)

ADA Requirements Apply...

Access to programs, services, or activitiesor activities...

Access to goods or services...

Buildings and Facilities...

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DOJ’s 2010 ADA Standards

Appendices B and D to 36 CFR part 1191 (2009) -- 2004 ADA Guidelines...

and the requirements contained in § 35.151 and subpart D of 28 CFR part 36

2010 Regulations & Standards at ADA.gov

General Prohibitions Against

Discrimination§ 35.130(title II) and § 36.201(title

III)

•No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities...

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Where Do Building Codes Fit In?

Sample Requirements for Buildings and Facilities

• Building Codes

• Life Safety Codes

• Plumbing Codes

• Other Codes and Local Regulations

• Accessibility Requirements

Applications for Building Codes and Regulations

• New ConstructionNew Construction

• Alterations and Renovations

• Change of Use

• Other Specified Events

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International Building Code & ANSI A117.1

2001 and 2003

versions

Harmonized with Model Building Codes

Harmonized?

• Many Provisions the Same or Very SimilarSimilar...

• Use Only IBC/ANSI? Why Not?

• Role of Local Building Officials

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Application in the United States...

State and LocalBuilding Codes

100% ADA Facilities -- DOJ Regulations

Greatest Accessibility...

•Follow Applicable Building Code Requirement

•Follow ADA Requirement

•Choose Greatest Accessibility...

•Element by Element...

Applying the ADA Regulations and ADARegulations and ADA

Standards

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2010 Standards Applies...

•New Construction

•Alterations

•State and local government facilities --Physical Changes for Program Accessibility

•Public accommodations -- Readily Achievable Barrier Removal

A Kit of Parts...

Title II & III2010 ADA Standards

Chapter 1 (reference standards, defined terms, etc...)

Chapter 2 Scoping Requirements

Chapters 3 - 10 Technical Requirements

Requirements Not Duplicated...

§ 35.151 or subpart D of 28 CFR part 36

New Construction

ADA Regulations --§35.151(a) and §36.401 New Construction

designed and...designed and constructed...

...facility or part of the facility is readily accessible to and usable by individuals with disabilities...

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• All areas of newly designed and newly constructed buildings and

Section 201.1 Scope

buildings and facilities and alteredportions of existing buildings and facilities shall comply with these requirements.

Existing Buildings and Facilities

ADA Regulations -§35.151(b) §36.402 Alterations--

...in a manner that affects or could affect the usability of the facility or part of the facility...

...the altered portion of the facility is readily accessible to and usable by individuals with disabilities...

Existing Buildings and Facilities

202.2 Additions

202 3 Alterations202.3 Alterations

202.4 ...Primary Function Areas

202.5 ...Qualified Historic Buildings and Facilities

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Searching -- 2010 Standards

Grab Bar

Maintaining ComplianceCompliance

35.133 & 36.211 Maintenance of Accessible Features

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Broken Pavement or Missing Pavement

Drainage Issues

Clearing Snow at Crosswalks

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Maintaining Compliance?

New Restaurant

Alterations & New...

206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, g , g g ,and outdoor dining areas.

Exception 2. In alterations, an accessible route shall not be required to existing raised or sunken dining areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities.

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Existing Gate

Replacement Gate...

Dining and Work Surfaces

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Dining and Work Surfaces

Fixed and Non-Fixed

Dining Tables

Pedestal in clear floor space

Provide accessible table

Bars

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Other Tables and Seating

35.130(b)(7) Reasonable Modification

A public entity shall make reasonable modifications in policies, practices, or procedures p , p , pwhen the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.

§ 36.302 Modifications in policies, practices, or procedures

A public accommodation shall make reasonable modifications in policies, practices, or procedures, p p pwhen the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.

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Public Computers

Public Computers

§ 35.160 General --Communications...

(a)(1) A public entity shall take appropriate steps to ensure thatappropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.

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Emergency Call Stations

Not on Accessible Route

Emergency Call Stations

2010 StandardsChapter 3 Building Blocks

48 inches max -- 15 inches min

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Chapter 3: Building Blocks302 Floor or Ground Surfaces

303 Changes in Level

304 Turning Spaceg p

305 Clear Floor or Ground Space

306 Knee and Toe Clearance

307 Protruding Objects

308 Reach Ranges

309 Operable Parts

Applying Building Blocks

302 Floor or Ground Surfaces

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Gratings on Accessible Routes

303 Changes in Level

Ramp Over Electrical Cover

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304 Turning Spaces

304.3.1 60 inch min circle

304.3.2 60 inch min T-space

305 Clear Floor or Ground Space

Blocked Clear Floor Space

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Alcoves 305.7 Maneuvering Clearance. Where a clear floor or ground space is located in an alcove or otherwise confined on all or part of three sides, additional maneuvering clearance shall be provided in accordance with 305.7.1 and 305.7.2.

Alcove?

306 Knee and Toe Clearance

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Knee and Toe Clearance

307 Protruding Objects

Recessed Hand Dryer

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Surface Mount Hand Dryer

Detectable Rail

Wing Walls at Wall-Mounted Fountains

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307 Protruding Objects

Hazard?

Detectable Surface?

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What About?

Sculpture?

308 Reach Ranges

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Obstructed Reach

Obstructed Reach?

Children’s Reach

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309 Operable Parts

Questions

??

CONTACTS

Jim Bostrom

202 - 307 – 2584jim.bostrom@usdoj.gov

Kat Jackson

202 - 514 – 0605kat.jackson@usdoj.gov