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Overview of the 2010 ADA Standards
for Accessible Design:Application and Scoping
Mid-Atlantic ADA Update 2017September 14th
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• Facilities Covered
• Organization of Standards
• New Construction
• Exceptions, Spaces, Elements
• Additions & Alterations
• Overview of Technical Chapters
Session Agenda
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Apply to:
• state & local government facilities
• transportation facilities (DOT)
• places of public accommodation
• commercial facilities
ADA Standards
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Places of Public Accommodation = operations affect commerce, fall within one of these categories:
Places of: Establishments:1. lodging 8. serving food or drink2. exhibition/ entertainment 9. sales or rental3. public gathering 10. service4. display or collection 11. social service5. recreation 12. exercise/ recreation6. education7. public transportation
ADA Standards
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Commercial Facility =
• Operations affect commerce
• Nonresidential use
(Not covered by or expressly exempted from Fair Housing Act)
Examples: corporate offices, factories, warehouses, manufacturing plants, etc.
ADA Standards
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Exemptions:
• Places of worship & other facilities controlled by a religious entity (e.g., schools)
• Private Clubs (depending on exclusiveness, operations, other factors)
May be subject to state or local access codes
ADA Standards
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Covered: Residential facilities owned/operated by state & local governments, including:
• public housing
• student/faculty housing
• employee housing
• temporary emergency housing
• social service facilities (e.g., homeless shelters, halfway houses, etc).
Federally funded housing also covered by ABA
Residential Facilities
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ADA coverage in the private sector:
• Places of public accommodation (e.g., social service facilities, housing at place of education, sales/rental offices)
• Not covered: privately owned/ leased housing, including single family homes, condominiums, apartments
(Most multi-family housing covered by Fair Housing Act)
Residential Facilities
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• ADA coverage of state & local gov’t. programs
• ADA Standards (DOJ) require curb ramps at newly built/ altered streets & ped. walkways
• Rehabilitation Act (§504): access to federally funded programs (including streets & highways)
Board developing new ROW guidelines, interim guidance available
Public Rights-of-Way
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• Postal Facilities – USPS
• Defense Facilities – DOD
• Other Facilities (nonresidential) – GSA
Still UFAS - update pending:
• Residential Facilities – HUD
Architectural Barriers Act (ABA) Standards
UFAS Option (title II entities)
1991 StandardsDOJ’s 2010 ADA
Standards
Effective Now(March 15, 2012)
2010 ADA Standards
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Same as the Board’s
ADA-ABA Guidelines (2004)
… plus requirements DOJ added
2010 ADA Standards
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2010 ADA Standardsfor Title II
State and Local Government Facilities
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2010 ADA Standardsfor Title III
Public Accommodations andCommercial Facilities
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Additional DOJ requirements:
• Social Service CenterEstablishments• Housing at Places of Education • Assembly Areas• Medical Care Facilities• Residential Dwelling Units• Detention and CorrectionalFacilities• Places of Lodging
2010 ADA Standards
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ICC/ANSI A117.1-2003 IBC 2003
Harmonization
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Chapter 1: Application and Administration
Chapter 2: Scoping Requirements
Chapter 3: Building Blocks
Chapter 4: Accessible Routes
Chapter 5: General Site and Building Elements
Chapter 6: Plumbing Elements and Facilities
Chapter 7: Communication Elements and Features
Chapter 8: Special Rooms, Spaces, and Elements
Chapter 9: Built-in Elements
Chapter 10: Recreation Facilities
Standards Chapters
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Chapter 1: Application and Administration
Chapter 2: Scoping Requirements
Chapter 3: Building Blocks
Chapter 4: Accessible Routes
Chapter 5: General Site and Building Elements
Chapter 6: Plumbing Elements and Facilities
Chapter 7: Communication Elements and Features
Chapter 8: Special Rooms, Spaces, and Elements
Chapter 9: Built-in Elements
Chapter 10: Recreation Facilities
Standards Chapters
20www.accessibilityonline.org/ao/archives/
Webinar Series
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New Construction
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All areas must comply except:
• Exempted structures/ spaces
• Partially scoped spaces
New Construction (§201)
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ADA : Structural Impracticability (new construction)
Applies only to rare circumstances where unique characteristics of terrain make compliance “structurally impracticable”
(DOJ’s ADA Standards & DOT’s ADA regulations)
General Exceptions
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• construction sites
• raised areas (security, life/fire safety)
• spaces accessed by ladders, catwalks, crawl spaces, very narrow passageways
• machinery spaces
• single occupant structures (e.g., toll booths) elevated above curb height or accessed by below-grade passageways
None based on physical capabilities of occupants
General Exceptions (§203)
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Detention/Correction & Residential Facilities:
• common use spaces not serving accessible cells/units
Recreation Facilities:
• raised refereeing, judging, scoring areas
• raised boxing/ wrestling rings
• water slides, raised diving boards/ platforms
• animal containment areas not open to the public
General Exceptions (§203)
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ADA Standards Only
Exempt - work areas:
• under 300 S.F. and
• elevated at least 7” = essential to space function
(excluding raised courtroom stations)
Employee Work Areas (§203.9)
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ADA Standards Only
Other work areas must include:
• Access for “approach, entry, & exit”
• Means of egress
• Visual alarm connection (wiring)
• Circulation paths (if ≥ 1000 S.F. in size)
Employee Work Areas (§203.9)
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WC space within work area
Compliant entry door/ gate
(including exterior man. clearances)
Connecting accessible
route & MOE
Access for “approach, entry, & exit”
Employee Work Areas
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Access for approach, entry, & exit to work area
Common use circulation paths notrequired to comply
Less than 1,000 SF
Employee Work Areas
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size defined by permanent
partitions, counters, casework
common use circulation path
1,000 SF or more in size
Employee Work Areas
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Common use circulation paths not required to comply:
• Work areas less than 1000 S.F.
• Exterior work areas fully exposed to weather
• Portions of paths integral to equipment
Employee Work Areas (§206.2.8)
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A used only by employees for work
Sales Counter (at least 1 of each type accessible on public side)
Toilet rooms, including employee restrooms, must comply
Fitting Rooms (at least 5% of each type)
Example: Retail Facility
Toilet rooms – access to all
(50%: clustered single user of same type)
Exams Rooms & Doctors’ Offices: 100% scoping (public access)
Break Room
Waiting Room
Dressing Rooms: access to at least 5% of each type
Public & Common Use Areas: Full Access
Example: Medical Care Suite
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Janitor’s Closet
Mechanical (exempt) Employee Only Work Areas
Reception/ Files Nurses’
Station
Employee Work Areas & Exempt Spaces
Example: Medical Care Suite
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Work surfaces (at least 5%)
Comm. Equipment Room (exempt)
Example: Federal Office Space (ABA)
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Coverage extends only to fixed/ built-in portion (e.g., cabinet hardware)
Standards apply to fixed or built-in elements
Elements Covered
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Temporary Facilities (201.3)
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• Examples of delineation of a route and temporary curb ramp
• Not subject to exception 203.2 Construction Sites
Temporary Routes
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Additions
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Path of travel required for additions that include/ affect primary function areas
Newly built portions = new construction
Existing portions affected = alterations
expansion, extension, or increase in a facility’s gross floor area or height
Additions – ADA (§202.2)
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Alterations
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Alterations (§202.3)
Includes: remodeling, renovation, rehabilitation/ reconstruction, historic
restoration, resurfacing, etc.
Not alterations (unless usability affected): normal maintenance, reroofing, painting,
wallpapering, work to mech./electrical systems
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• Scope of work
• Technical feasibility
• Primary function areas affected
Application determined by:
Alterations
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In general, standards apply to those spaces and elements that are altered
Application & Scoping
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Within an altered space, standards apply to those elements that are altered
(accessible route not required unless circulation paths altered or path of travel required)
Application & Scoping
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Recommendation:
Maximize opportunities for access beyond minimum
required where possible –
often more cost-effective when work is already underway
Application & Scoping
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Specific provisions for alterations located throughout standards
(refer to “alterations” or “existing facilities”)
Alterations
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Alterations:
not required to exceed NC level of access (§202.3.2, §F202.3.2)
can’t reduce access below NC level (§202.3.1, §F202.3.1)
New construction = basis for alterations (aside from specific provisions/ exceptions)
Application & Scoping
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Meeting standards not possible because:
• Existing structural conditions would require removing/ altering a load-bearing member that is an essential part of the structural frame OR
• Other existing physical or site constraints prohibit full compliance
Compliance required to the maximum extent feasible
Technical Infeasibility
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Space limitations and technical infeasibility
Technical Infeasibility
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Example: Code Conflict
Compliance conflicts with applicable building, plumbing, life safety or other codes
(e.g., combining 2 toilet stalls to create an accessible stall will violate plumbing code’s
required fixture count)
Technical Infeasibility
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• Case-by-case determination
• Based on existing constraints/ conditions, scope of work
• Relative to scope of work; where renovation = more extensive, technical infeasibility = less likely
Technical Infeasibility
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Additional requirements for alterations to areas containing a “primary function” (i.e., major activity for which the facility
is intended)
Primary Function Areas (§202.4)
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Primary Function AreasExamples:
• Dining areas of a restaurant
• Retail space in a store
• Exam rooms in a doctor’s office
• Guest rooms in a hotel
• Classrooms in a school
• Offices & other work areas where activities
of a covered entity are carried out
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Not primary function areas:
• Entrances & corridors
• Break rooms & employee locker rooms
• Mechanical & electrical closets
• Supply storage rooms
• Restrooms (unless primary purpose of facility, e.g., highway rest stop)
Primary Function Areas
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Required: Accessible “path of travel”:
• Accessible route from PF area to facility entrance & site arrival points (e.g., parking)
• Restrooms (for each sex unless only unisex provided)
• Phones
• Drinking fountains
Primary Function Areas
Example path of travel
Path of Travel
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Path of Travel
Path of travel is required to the extent that it is not “disproportionate” to the
project cost (more than 20%)
Compliance required up to the 20% limit
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Path of TravelRecommended prioritization where
20% cap reached :
1. Entrance
2. Route connecting primary function area
3. Restrooms
4. Phone
5. Drinking fountain
6. Other elements (e.g. parking, storage, etc.)
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Additional information:
• DOJ’s 2010 ADA Standards
(28 CFR §36.403 and 28 CFR §35.151(b))
• DOT’s ADA Regulation (49 CFR §37.43)
• Regulations implementing ABA
Standards (GSA, DOD, USPS)
(links provided on Board’s website)
PF Areas & Path of Travel
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Exceptions for accessible routes, entrances, and toilet facilities
State Historic Preservation Officer or Advisory Council determines if threatens historic significance
Qualified Historic Facilities (202.5)
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The Department of Justices regulation for new construction and alterations reads:§ 36.405 Alterations: Historic preservation.
(b) If it is determined that it is not feasible to provide physical access to an historic property that is a place of public accommodation in a manner that will not threaten or destroy the historic significance of the building or the facility, alternative methods of access shall be provided pursuant to the requirements of subpart C of this part.
ADA Regulations
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Accessible Routes
AR must adjoin one full unobstructed side of the space
Connecting Accessible Route
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• coincide/same area as general circulation paths
• if circulation path is interior, accessible route must be interior
Location (206.3)
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Existing (unaltered)
Facilities
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Existing FacilitiesOther mandates may require retrofits
(whether or not alterations are planned)
ADA:
• Barrier removal at places of public accommodation
• Program access by state/local governments
Rehabilitation Act (§504):
• Program access in federally funded programs
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1991 Standards Figure 6
Side Reach
• Elements that comply with the 1991 Standards do not need to be modified to meet the 2010 Standards unless altered on or after March 15, 2012.
• Regulatory Section 35.150 Existing Facilities (Title II) and Section 36.304 Removal of Barriers (Title III)
Safe Harbor – Existing Facilities
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Safe Harbor does not apply to elements in existing facilities that were not subject to specific requirements in the 1991 Standards
Safe Harbor – Existing Facilities
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Questions?
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U.S. Access Board
(800) 872-2253 (voice)
(800) 993-2822 (TTY)
E-mail: [email protected]
www.access-board.gov
