This document provides an overview of Module 5 of the National Construction Code Training Program on disability access provisions. The module introduces the background and objectives of disability access requirements in the Building Code of Australia. It summarizes the key performance requirements related to accessibility, including requirements for access to and within buildings, lifts, parking, and sanitary facilities. Deemed-to-satisfy provisions for various building classes are also outlined at a high level. The document is intended to provide basic information on the BCA's provisions for accessibility.
2. Content of Module 5
• Part 1 - Introduction to Module 5
• Part 2 - Background to Access Provisions
• Part 3 - Performance Requirements
• Part 4 - Deemed-to-Satisfy Provisions
• Part 5 - Administrative Matters
4. Introduction to Module 5
• This Module is one of a series produced by
the Australian Building Codes Board (ABCB);
the organisation responsible for the
development and maintenance of the Building
Code of Australia (BCA)
• For the purposes of this presentation it is
assumed that participants have a general
understanding of how the BCA works
Part 1 - Introduction to Module 5
5. Module 1 - recap
• Module 1 was titled ‘An Introduction to the
Building Code of Australia’
• The objective of Module 1 was to provide
information on:
– the background to the development of the BCA
– the operation of the BCA, and
– the application of the BCA
Part 1 - Introduction to Module 5
6. Module 1 - recap
• BCA applies to all new building work. This
includes:
• new buildings
• renovations or upgrades to existing buildings
Part 1 - Introduction to Module 5
7. Module 1 - recap
• The BCA establishes minimum acceptable
standards for new building work
• The BCA:
• is referenced in State/Territory law
• is amended annually
• requirements are intended to be cost effective
• is intended to eliminate poor practice
• does not address best practice
Part 1 - Introduction to Module 5
8. Module 1 - recap
• Volume One contains requirements for the
design and construction of commercial
buildings, i.e. Class 2 to 9 buildings, plus
some Class 10 building matters
• Volume Two contains requirements for the
design and construction of domestic buildings,
i.e. Class 1 and 10 buildings
Part 1 - Introduction to Module 5
9. Module 2 - recap
• Module 2 was titled ‘Understanding the BCA’s
Performance Requirements’
• The objective of Module 2 was to provide
information on how to comply with the BCA
without using Deemed-to-Satisfy Provisions,
i.e. by developing an Alternative Solution
Part 1 - Introduction to Module 5
10. Building Solutions
Performance Requirement
Functional Statement
Objective
Alternative SolutionsDTS Provisions
Guidance
Mandatory
Methods of
achieving
compliance
Documentary Evidence
Verification Methods
Expert Judgement
Comparative Analysis
Assessment
Methods
Part 1 - Introduction to Module 5
12. Objective of Module 5
• The objective of Module 5 is to provide basic
information on BCA provisions for people with
disability relating to Class 1b, Class 2 to 9
buildings, as well as Class 10 buildings
• Information is also available from the ABCB
website: www.abcb.gov.au
Part 1 - Introduction to Module 5
13. People with disability
• Broad definition of disability includes people
who-
– are blind or have low vision;
– have learning or intellectual disabilities;
– are deaf or hearing-impaired;
– have a physical disability;
– experience mental health or psychological difficulties;
and
– people with an acquired brain injury.
Part 1 - Introduction to Module 5
14. Principle of access
• Provide safe, equitable and dignified
access to buildings, and facilities and
services within buildings
Part 1 - Introduction to Module 5
16. General background
• Disability access requirements have been in
the BCA since 1990
• Focus was on access to commercial and
public buildings (Classes 3, 5-9)
Part 2 - Background to Access Provisions
17. BCA access provisions
• BCA has historically required access for
people with disability to be provided:
– to a building
– within a building (including lifts, signage and
hearing augmentation)
– to certain carparking spaces
– to suitable sanitary facilities
Part 2 - Background to Access Provisions
18. BCA scope
• The BCA only addresses the physical fabric
and layout of a building, it does not:
– address the fixtures and fittings such as furniture
or reception desks used in a building
– address some wayfinding information such as
room numbers or general signs
– address management policies or staff behavior
Part 2 - Background to Access Provisions
19. The challenge of inconsistent laws
• The Disability Discrimination Act (DDA) has applied
to buildings since 1993
• Complaints could be made about the level and
quality of access a building provided
• Buildings could comply with the BCA, but still be
subject to a successful DDA complaint
• Uncertainty for building industry
Part 2 - Background to Access Provisions
20. Achieving consistency
• In 2001, Federal Gov’t asked ABCB to
develop proposals to address inconsistency
• Resulted in the development of Premises
Standards and BCA amendments to align the
two
Part 2 - Background to Access Provisions
21. Development of Premises Standards
• Developed through stakeholder committees,
specialist working groups and specialist
consultants
• Proposals were refined through extensive
industry and community consultation
• Draft provisions subjected to formal regulatory
impact analysis process
Part 2 - Background to Access Provisions
22. Regulation Impact Statement (RIS)
• All proposals for new regulation, including the
Premises Standards and changes to the BCA,
are subjected to a rigorous regulation impact
assessment process that includes cost benefit
analysis
• The Premises Standards RIS is available from
the ABCB website
Part 2 - Background to Access Provisions
23. Benefits for industry
• In addition to improving access, RIS process
sought to ensure new requirements:
– are cost-effective
– can be reasonably achieved
– provide the greatest certainty possible
Part 2 - Background to Access Provisions
24. Background to new requirements
• 1995: Building Access Policy Committee
(BAPC), established by ABCB, begins its
work on progressive changes to the BCA
• 2001: Gov’t asks ABCB to develop proposals
for Premises Standards and changes to BCA
Part 2 - Background to Access Provisions
25. Background to new requirements
• 2005: Draft Premises Standards and a
Regulation Impact Statement released for
public comment
• 2006: ABCB develops revised proposals and
a revised Regulation Impact Statement
following consideration of public comment
Part 2 - Background to Access Provisions
26. Background to new requirements
• 2008: Draft Disability (Access to Premises –
Buildings) Standards (Premises Standards)
tabled in Parliament and referred to a House
of Representatives Committee to conduct a
public inquiry
• 2009: Parliamentary Committee makes
recommendations in its report Access All
Areas
Part 2 - Background to Access Provisions
27. Background to new requirements
• February 2010: Government responds to
report and finalises Premises Standards
• 2010: ABCB aligns BCA to reflect content of
Premises Standards
• 1 May 2011: Premises Standards and BCA
2011 adopted
Part 2 - Background to Access Provisions
28. Premises Standards structure
• Premises Standards comprise:
– Parts 1 – 6 including trigger dates and objectives,
scope, exceptions and concessions and review
information
– Access Code for Buildings which provides the
Performance Requirements and Deemed-to-
Satisfy Provisions
Part 2 - Background to Access Provisions
29. Achieving consistency
• Relevant provisions in Parts 1 – 6 are to be
reflected in State and Territory building control
systems
• Access Code is reflected in BCA
• Compliance with the BCA will ensure
compliance with the Access Code
Part 2 - Background to Access Provisions
30. Voluntary best practice
• The Premises Standards and BCA contain the
minimum requirements for access
• Some project briefs may require a higher
standard
• Best practice and innovation is still possible
and encouraged
Part 2 - Background to Access Provisions
32. Key Performance Requirements
• Key Performance Requirements relating to access:
– DP1 Access to a building
– DP2 Access within a building
– DP6 Travel path to an exit
– DP8 Accessible carparking
– DP9 Communication system for hearing impaired
– EP3.4 Lifts
– FP2.1 Sanitary facilities
Part 3 - Performance Requirements
33. Overall access objectives
• To provide, as far as is reasonable, people
with safe, equitable and dignified access to:
– a building; and
– the services and facilities within a building
Part 3 - Performance Requirements
34. • Access must be provided to enable people to:
– approach a building from the road boundary,
associated accessible building and associated
accessible carparking space
– get into a building and to all areas normally used by
occupants including toilets
– identify accessible facilities
DP1 - overview
Part 3 - Performance Requirements
35. DP2 - overview
• People must be able to move safely to and
within a building
• Special attention should be paid to:
– walking surfaces – doors
– ramps – stairways
– landings – handrails
Part 3 - Performance Requirements
36. DP6 - overview
• People must be able to safely evacuate the
building
• Building use and the characteristics of the
occupants, including their mobility, must be
considered
Part 3 - Performance Requirements
37. DP8 - overview
• Carparking spaces suitable for use by people
with disability must be provided
• Spaces must be marked and easy to find
Part 3 - Performance Requirements
38. DP9 - overview
• An inbuilt communication system, such as a
lecture theatre PA system, must be suitable
for people who are deaf or have a hearing
impairment
Part 3 - Performance Requirements
39. EP3.4 - overview
• When a passenger lift is provided in a building
required to be accessible, it must be suitable
for use by people with disability.
Part 3 - Performance Requirements
40. FP2.1 - overview
• Sanitary facilities suitable for use by people
with disability must be provided at convenient
locations
Part 3 - Performance Requirements
42. Deemed-to-Satisfy Provisions
• One method of meeting Performance
Requirements
• Compliance with Deemed-to-Satisfy
Provisions of BCA ensures compliance with
Deemed-to-Satisfy Provisions of Access Code
Part 4 - Deemed-to-Satisfy Provisions
43. Parts D3, E3, F2 and H2
• Part D3 covers general building access
requirements
• Part E3 covers lifts
• Part F2 covers accessible toilets and showers
• Part H2 covers requirements for public
transport buildings
Part 4 - Deemed-to-Satisfy Provisions
45. D3.1 – General requirements
• Table D3.1 sets out which buildings and parts
of buildings have to be accessible
• Different classes of buildings have different
access requirements
Part 4 - Deemed-to-Satisfy Provisions
46. Some useful terms
• Accessible means having features to enable
use by people with disability.
• Accessway means a continuous, accessible
path of travel (as defined in AS 1428.1) to, into
or within a building.
Part 4 - Deemed-to-Satisfy Provisions
47. References to Australian Standards
• AS 1428.1 contains technical information on
the construction of accessways, for example:
– dimensions and clearances at doorways
– design of handrails
– layout of accessible toilets
Part 4 - Deemed-to-Satisfy Provisions
48. Class 1b – small hostels, B&B
• Specifies number of dwellings required to be
accessible
• Specifies number of bedrooms and sanitary
facilities required to be accessible
• Specifies common areas required to be
accessible in B&Bs, guest houses etc
Part 4 - Deemed-to-Satisfy Provisions
49. Class 2 – apartment blocks
• Access required from a pedestrian entrance to the
front doors of sole-occupancy units (SOU) on at
least one level
• Common areas required to be accessible including
BBQ area, gym, pool
• If other levels are served by a lift or ramp, similar
access must be provided on those levels
Part 4 - Deemed-to-Satisfy Provisions
50. Class 3 – hotels and motels
• Access required from a pedestrian entrance to the
front doors of sole-occupancy units (SOU) on at
least one level
• Specifies common areas required to be accessible
including BBQ area, gym, pool
• If other levels are served by a lift or ramp, similar
access must be provided on those levels
Part 4 - Deemed-to-Satisfy Provisions
51. Class 3 – hotels and motels
• Specifies the number of accessible SOUs
required depending on size of hotel/motel
• Specifies location and groupings of
accessible SOUs to ensure choice
Part 4 - Deemed-to-Satisfy Provisions
52. Classes 5, 6, 7, 8 and 9a
• To and within:
– all areas normally used by the occupants
• Class 7a (carparking)
– to and within any level containing accessible
carparking spaces
Part 4 - Deemed-to-Satisfy Provisions
53. Class 9b – educational/assembly
• For schools, early childhood centres and
universities etc.
– to all areas normally used by the occupants
• For assembly buildings such as cinemas or
concert halls
– to all areas normally used by the occupants, but not
every tier or level if no wheelchair seating spaces are
provided on that level
Part 4 - Deemed-to-Satisfy Provisions
54. Class 9c – aged care
• Requirements for aged care facilities are
essentially the same as for Class 3 buildings,
including access to specified common areas
and numbers of accessible SOUs
Part 4 - Deemed-to-Satisfy Provisions
55. Class 10a – toilet block/shelter
• If located in an accessible area access is
required to and within an accessible toilet,
change room or shelter
Part 4 - Deemed-to-Satisfy Provisions
56. Class 10c – swimming pool
• Swimming pools, other than private pools,
with a perimeter greater than 40 m are
required to provide some means of access
into the pool
Part 4 - Deemed-to-Satisfy Provisions
57. D3.2 Access to buildings
Part 4 - Deemed-to-Satisfy Provisions
58. Access to buildings
• D3.2 covers the requirements for access:
– to a building from the allotment boundary;
– between associated accessible buildings;
– to a building from accessible carparking spaces on
the allotment
Part 4 - Deemed-to-Satisfy Provisions
59. Access to buildings
• D3.2 also specifies:
– number of accessible entrances required
– number of accessible doorways required when
there are multiple doorways at an entrance
– where a required accessible doorway has multiple
leaves, one of the leaves must have a clear
opening width of at least 850 mm
Part 4 - Deemed-to-Satisfy Provisions
60. D3.3 Parts of a building
to be accessible
Part 4 - Deemed-to-Satisfy Provisions
61. Parts of buildings to be accessible
• D3.3 covers:
– ramps and stairways
– passenger lifts
– passing and turning spaces on corridors
– small building concession
– carpet pile height
Part 4 - Deemed-to-Satisfy Provisions
62. D3.3 - Ramps
• Ramps are a way of providing a continuous
accessible path of travel between levels
• Ramps must comply with AS 1428.1
• Concessions for fire-isolated ramps
Part 4 - Deemed-to-Satisfy Provisions
63. D3.3 - Stairways
• Stairways cannot form part of a continuous
accessible path of travel but where provided,
must meet certain requirements
• Stairways must comply with AS 1428.1
• Concessions for fire-isolated stairways
Part 4 - Deemed-to-Satisfy Provisions
64. D3.3 - Lifts
• D3.3 requires every passenger lift to comply
with E3.6, which provides the detailed
requirements for passenger lifts
Part 4 - Deemed-to-Satisfy Provisions
65. D3.3 - Passing and turning spaces
• Passing spaces are required every 20 m
along an accessway where a clear line of
sight is not possible
• Turning spaces are required every 20 m
along an accessway and within 2m of a
dead-end
• Specifications for passing and turning spaces
are in AS 1428.1
Part 4 - Deemed-to-Satisfy Provisions
66. D3.3 - Small building concession
• While generally access is required to all levels of
buildings, there is a concession for certain small
buildings
• In some 2 and 3 storey buildings where the storeys,
other than the entrance storeys, are each under 200
m2
, an accessible ramp or lift does not have to be
provided to those storeys
Part 4 - Deemed-to-Satisfy Provisions
67. D3.3 - Carpet pile height
• While the use of carpets on an accessway is
allowed, if the carpet pile is too high it would
make movement in a wheelchair difficult
• A combined pile carpet height and backing
thickness of up to 15 mm is allowed
Part 4 - Deemed-to-Satisfy Provisions
68. Additional features
• While D3.3 specifically refers to design
features such as ramps and stairways, the
general requirement to comply with AS 1428.1
applies to other accessible features such as:
– doors and doorways
– switches and controls
Part 4 - Deemed-to-Satisfy Provisions
69. Doorways
• for doorways, AS 1428.1 provides
specifications for:
– clear opening dimensions
– force for opening
– circulation space around doorway
– luminance contrast
– door controls
Part 4 - Deemed-to-Satisfy Provisions
70. Door controls
1. Round knob 3. ‘D’ type2. ‘Lever’ type
Part 4 - Deemed-to-Satisfy Provisions
72. Exemptions
• D3.4 allows exemptions from general rule
of access to all areas
• Exemptions need to be assessed on a
case-by-case basis
• This is no different to other parts of the
BCA where professional judgement is
required
Part 4 - Deemed-to-Satisfy Provisions
73. Exemptions
• Areas which pose a
health or safety risk
or are otherwise
inappropriate for
people with disability
(such as a foundry
floor or rigging loft)
are exempt
Part 4 - Deemed-to-Satisfy Provisions
75. Carparking
• If a carpark is provided in a building or in a
carparking area on the same allotment,
accessible carparking spaces must be
provided
• Accessible carparking spaces must be
designated with signage if more than 5
spaces in total
Part 4 - Deemed-to-Satisfy Provisions
76. Carparking
• Proportion of accessible carparking spaces
determined by Table D3.5
• Accessible carparking spaces must comply
with AS/NZS 2890.6
Part 4 - Deemed-to-Satisfy Provisions
79. Signage
• BCA contains requirements for certain
signage related directly to building matters,
including:
– identification of all sanitary facilities
– location and type of hearing augmentation
– directional information in some situations
Part 4 - Deemed-to-Satisfy Provisions
80. Signage - toilets
• All toilets must be identified using tactile and braille
signage in addition to male/female signage
• All accessible unisex toilets must incorporate the
international symbol of access
• All accessible unisex toilets must identify if the toilet
is left or right hand transfer
• If there is no accessible unisex toilet at a bank of
toilets, directional signage must be provided
indicating the closest accessible toilet
Part 4 - Deemed-to-Satisfy Provisions
82. Signage - hearing augmentation
• Identify a room with hearing augmentation
using the international symbol for deafness
• Within the room, indicate:
– type of system
– area covered
– if receivers are being used, where a receiver can
be obtained
• Braille and tactile signage required
Part 4 - Deemed-to-Satisfy Provisions
83. Signage - entrances
• Directional information including the
international symbol of access is required at
an inaccessible entrance to identify the
location of the nearest accessible entrance
Part 4 - Deemed-to-Satisfy Provisions
85. Specification D3.6
• Provides details in relation to the:
–design;
–location; and
–luminance contrast
required for braille and tactile signs
Part 4 - Deemed-to-Satisfy Provisions
86. Braille and tactile sign location
• Signs should be at an
accessible height - between
1200 mm and 1600 mm from
the floor
Part 4 - Deemed-to-Satisfy Provisions
87. Braille and tactile sign location
• A person reading braille
should not be at risk of injury
from opening doors or
pedestrian traffic
Part 4 - Deemed-to-Satisfy Provisions
89. Hearing augmentation
• A hearing augmentation system is required:
– in a room in a Class 9b building, eg cinema
– in an auditorium, conference room, meeting room
or room used for judiciary purposes
– at any ticket office, teller booth or reception area
where the public is screened from service provider
…. but only if the room has an in-built
amplification system
Part 4 - Deemed-to-Satisfy Provisions
90. Hearing augmentation
• Area covered depends on system used
– Induction loop - 80% of the floor area
– Receiver based systems such as radio frequency
or infrared systems - 95%
– Ratio of receivers set out in D3.7
• Emergency-only systems are exempt
• Scoreboard or screen announcements
Part 4 - Deemed-to-Satisfy Provisions
92. Tactile indicators
• To assist blind people and people with low
vision, tactile ground surface indicators
(TGSIs) are used to facilitate safe movement
around buildings
• BCA only requires warning (hazard alert)
TGSIs
• Technical details of TGSIs are in AS/NZS
1428.4.1
Part 4 - Deemed-to-Satisfy Provisions
94. Tactile indicators
• Required at the top and bottom of stairs,
escalators, moving walkways and ramps
• Also required where a person might encounter
an overhead obstruction where no barrier
exists
• Not required on fire-isolated stairs and fire-
isolated ramps or those which lead to areas
exempted under D3.4
Part 4 - Deemed-to-Satisfy Provisions
95. Example of when
TGSIs might be
required because of
the danger of the
overhead obstruction
created by an open
stairway
Part 4 - Deemed-to-Satisfy Provisions
96. D3.9 Wheelchair seating spaces
in Class 9b assembly buildings
Part 4 - Deemed-to-Satisfy Provisions
97. Wheelchair seating spaces
• If fixed seating is provided in a Class 9b
assembly building, such as a cinema or
stadium, wheelchair seating spaces must also
be provided
• Spaces must be available in single and
grouped configurations
• Table D3.9 specifies number of spaces to be
provided
Part 4 - Deemed-to-Satisfy Provisions
98. Wheelchair seating spaces
• In small cinemas (up to 300 seats),
wheelchair seating spaces cannot be placed
in the front row
• In larger cinemas (over 300 seats), 75% of
wheelchair seating spaces must be in rows
other than the front row
Part 4 - Deemed-to-Satisfy Provisions
100. Swimming pools
• A swimming pool required to be accessible by
Table D3.1, and with a perimeter of more than
40 m, must be provided with at least one
means of access into the pool
• Latches on swimming pool gates are not
required to be at an accessible height
Part 4 - Deemed-to-Satisfy Provisions
101. Accessible pool entry
• Options include:
– fixed or movable ramp and aquatic wheelchair
– zero depth entry and aquatic wheelchair
– platform lift and aquatic wheelchair
– Sling-style lift
Part 4 - Deemed-to-Satisfy Provisions
102. Specification D3.10
• Provides detailed specifications for the
different forms of access into pools including:
– dimensions
– slip resistance
– weight capacity
– handrails
Part 4 - Deemed-to-Satisfy Provisions
104. Ramp limitation
• A series of connected ramps must not have a
combined vertical rise of more than 3.6 m
• A landing for a step ramp must not overlap a
landing for another step ramp or ramp
Part 4 - Deemed-to-Satisfy Provisions
106. D3.12 Glazing on an accessway
Part 4 - Deemed-to-Satisfy Provisions
107. Glazing on an accessway
• Visual indicators must be provided on
frameless or fully glazed doors, sidelights and
other glazing that might be mistaken for a
door or opening if there is no chair rail,
handrail or transom
Part 4 - Deemed-to-Satisfy Provisions
108. Glazing on an accessway
• If relying on marking the glass, must comply
with AS 1428.1
Part 4 - Deemed-to-Satisfy Provisions
110. Passenger lifts
• Passenger lifts must be suitable for use by
people with disability
• A variety of lift types can be used. However,
Table E3.6a contains limitations on the use of
some types of lifts
Part 4 - Deemed-to-Satisfy Provisions
111. Passenger lifts
• Table E3.6b describes the features required
on lifts such as handrails, lighting, control
buttons and dimensions
• If a lift car is fully enclosed, it must not rely on
a constant pressure device to operate it
Part 4 - Deemed-to-Satisfy Provisions
114. F2.4 Accessible sanitary facilities
• Requires accessible unisex toilets be provided
in accordance with Table F2.4(a)
• Requires accessible unisex showers be
provided in accordance with Table F2.4(b)
• Specifies requirements for ‘ambulant
accessible’ toilet cubicles
Part 4 - Deemed-to-Satisfy Provisions
115. F2.4 Accessible unisex toilets
• Accessible unisex toilets must be provided:
– in buildings required to be accessible and
containing toilets
– on every accessible storey where there are toilets
• However …
Part 4 - Deemed-to-Satisfy Provisions
116. Accessible unisex toilets
• Where male and female banks are at separate
locations, an accessible unisex toilet is only
required at one of the locations
• Where there is more than one bank of male and
female toilets on a floor an accessible unisex
toilet is only required at 50% of banks
Part 4 - Deemed-to-Satisfy Provisions
117. Accessible unisex toilets
• Exceptions and exemptions:
– toilets on a floor not required to be accessible under
the small building concession (D3.3(f)) are not
required to have accessible toilets
– toilets in an area not required to be accessible under
D3.4 Exemptions are not required to include
accessible unisex toilets
Part 4 - Deemed-to-Satisfy Provisions
118. Accessible unisex toilets
• Must comply with circulation space, fixture and
fittings requirements in AS 1428.1
• Must contain closet pan, washbasin, shelf or
bench top, means of sanitary towel disposal
• Must not be accessed through an area
reserved for one gender
Part 4 - Deemed-to-Satisfy Provisions
120. Accessible unisex toilets
• Where multiple accessible unisex toilets are
provided in a building, they should be
provided for both left and right transfer in
numbers as even as possible
Part 4 - Deemed-to-Satisfy Provisions
121. ‘Ambulant accessible cubicles’
• A toilet cubicle suitable for people with an
ambulant disability must be provided if there is
a toilet cubicle in addition to an accessible
unisex toilet at a bank
• Details for design and fit out are in AS 1428.1
Part 4 - Deemed-to-Satisfy Provisions
122. Accessible unisex showers
• Table F2.4(b) provides requirements for
accessible unisex showers depending on the
Class of building
• Design specifications for accessible unisex
showers are found in AS 1428.1
Part 4 - Deemed-to-Satisfy Provisions
124. H2 Public transport buildings
• Passenger use areas of public transport
buildings like airports or railway stations are
generally Class 9b and Class 10
• These buildings are subject to sometimes
different requirements because of the earlier
Disability Standards for Accessible Public
Transport 2002
Part 4 - Deemed-to-Satisfy Provisions
125. Part H2
• H2 takes precedence where different to other
BCA requirements
• H2 refers to different editions of Australian
Standards for elements such as accessways,
ramps, stairways, signage, lifts and doorways
– check which edition applies
Part 4 - Deemed-to-Satisfy Provisions
127. State and Territory matters
• BCA provides a model code, but State and
Territory building laws and regulations may
include additional material
• Relevant provisions in Parts 1 – 6 of the
Premises Standards are to be reflected in
changes to State and Territory building law
or systems
Part 5 - Administrative Matters
128. State and Territory matters
• Different application for new and existing
buildings in some situations
• Triggers for ‘affected part’ upgrades
• Questions of possible ‘unjustifiable hardship’
Part 5 - Administrative Matters
129. Existing buildings
• Existing Class 1b and Class 2 buildings
treated differently
• Existing lifts travelling more than 12 m floor
space concession
• Existing accessible unisex toilets circulation
space and fitout concession
Part 5 - Administrative Matters
130. Affected part
• Affected part is the path of travel from the
principle pedestrian entrance to any new work
in an existing building
• Access upgrades are required if the building
approval applicant is the owner or the lessee
if they occupy the whole building
Part 5 - Administrative Matters
131. Unjustifiable hardship
• Premises Standards allows for a defense of
unjustifiable hardship in some situations
• Access Panels or similar
• Check with your State or Territory building
control administration to find out how this is
considered in your area
Part 5 - Administrative Matters
Welcome and introduction Welcome to this training course on the access provisions for people with disability contained in the National Construction Code. As most of you will be aware, the Building Code of Australia (or BCA) forms Volumes One and Two of the National Construction Code and is adopted by all States and Territories as a mandatory code governing the design and construction of new buildings, as well as additions and alterations to existing buildings. This presentation has been developed to provide you with the basic information you will need to understand the scope of the access requirements of the BCA. Application of the requirements for access will require careful consideration of the BCA, State and Territory building law and regulations and in many instances referenced Australian Standards. As we move through the presentation there may issues you would like further clarification on - so please ask questions at any time. Proceed to the next slide
Summarise the areas that will be covered in this Module This module contains 5 parts: First, we will look at the background to Module 5 and recap a little on some other Modules in this series Then we will look at the background to the development of the access requirements that were included in the BCA in 2011 We will also look at the mandatory requirements of the BCA; that is the Performance Requirements Next, we will look in more detail at one method of meeting the Performance Requirements by using what are called the Deemed-to-Satisfy Provisions Finally, we will briefly look at a few State and Territory administrative matters Proceed to the next slide
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This presentation forms part of a training program that has been developed as an initiative of the Australian Building Codes Board - which we ’ ll now refer to as the ABCB. The ABCB is the organisation responsible for the development and ongoing maintenance of the Building Code of Australia. The ABCB ’ s training program is made up of a series of modules. This module is number 5. This presentation has been developed on the assumption that even if you have not attended presentations on Module 1, which provided an introduction to the BCA and Module 2, which dealt with the BCA ’ s Performance Requirements you have some basic knowledge of how the BCA works. Having said that it would be good to briefly touch on a couple of fundamental issues from those modules. Proceed to the next slide
In order to understand the material in Module 5 it is important to recap a few basic issues from Modules 1 and 2 Module 1 essentially introduced people to the development, operation and application of the BCA Proceed to the next slide
The requirements of the BCA are triggered when someone makes an application for building or construction approval for either a new building or to undertake new building work on an existing building such as an upgrade, extension or renovation. For existing buildings, the BCA will apply to the work that is covered by the building approval application Example, if level 6 of an 8 storey building is being fully upgraded only the work on the level subject to the building approval application will be required to comply with the new BCA requirements. Proceed to the next slide
The BCA seeks to establish a nationally consistent level of minimum acceptable standards Nothing in the BCA stops a developer from going beyond the minimum requirements to achieve best practice Proceed to the next slide
While some larger companies work in both the housing and commercial sector, in general, industry tends to work in either the housing sector or the commercial sector. The BCA endeavours to follow this division Proceed to the next slide
While most times those responsible for new building work follow a deemed-to-satisfy path for achieving compliance, Module 2 focused on how to achieve compliance by developing an Alternative Solution It is important to just recap one aspect of Module 2 which covered the structure and hierarchy of the BCA to ensure a clearer understanding of the content of Module 5 Proceed to the next slide
The BCA is split into sections covering various building elements, for example, Part F2 deals with Sanitary facilities. Each section is structured in a hierarchy. At the top are broad Objectives and Functional Statements which provide overall guidance. Below that are a set of Performance Requirements which are the mandatory parts of the BCA. A person responsible for a building must be able to show a building complies with these requirements. Under that sit two methods for achieving compliance with each Performance Requirement – using the Deemed-to-Satisfy Provisions which provide technical building solutions or by developing Alternative Solutions A building does not have to comply with the Deemed-to-Satisfy Provisions if it can be demonstrated to the relevant Building Control Authority that a proposed Alternative Solution complies with the relevant Performance Requirement. Module 2 then went on to look at Assessment Methods but this Module will not be revisiting those issues. Proceed to the next slide
Now back to Module 5. Proceed to the next slide
The module provides a basic overview of the BCA access provisions. As building professionals you will need to give careful consideration to the BCA, State and Territory building laws and regulations and referenced technical standards to ensure buildings comply with relevant laws. Proceed to next slide
The definition of disability used in anti-discrimination law is very broad and covers about 20% of Australians People protected from discrimination by those laws may experience difficulties using buildings, so buildings need to be designed and constructed in ways to ensure they are accessible. It is not just people with a mobility disability who experience barriers to accessing and using buildings. Example: a person with low vision might experience difficulty using poorly designed stairs. Example: a person with a hearing impairment might experience difficulty hearing a teller behind a fully screened counter. Good access has benefits for a much wider group of people than those who currently have a disability. For example, those of us who will have a disability in the future, families with small children, older Australians and anyone delivering or picking up goods. Proceed to the next slide
The BCA sets out how to provide safe, equitable and dignified access to buildings. Good design is not just about providing some access. It is about ensuring, as far as possible, that people with disability can use buildings independently and with dignity. Example, accessible entry to a new building must be the principle pedestrian entrance and not one around the back of the building. Example, gaining access to a swimming pool should not rely on someone having to be carried into it. Proceed to the next slide
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Access requirements are not new to the BCA Indeed many of the issues covered in the current BCA remain very similar to previous requirements Historically private housing has not been covered by any BCA access requirements Proceed to the next slide
There has been a progressive increase in access requirements in the BCA covering a range of building elements such as ramps, stairs, accessible toilets and signage. While these requirements remain within the new BCA there are a number of new elements that will be covered in this module. Note: some people may not know what a hearing augmentation system is. It can be described as a device to assist people with hearing impairment to access audible information in places such as a theatre, lecture hall, conference centre or bank where tellers are behind a glass screen for example. Typical devices use an induction (hearing) loop, radio frequency or infrared technology. A hearing augmentation system is required in buildings that have built-in sound amplification systems. Proceed to the next slide.
The BCA is mainly concerned with the physical construction of the building. Generally speaking what happens after construction in terms of fitout and ongoing use and management are not covered by the BCA, but continue to be covered by discrimination law. Example, if a building complies with the new BCA when it is constructed but a new fitout limits access, those responsible for the fitout may be subject to complaints. Example, if the staff at a nightclub refuse to allow a blind person entry. Proceed to the next slide
Even though a building could comply with the BCA at the time it was built, under discrimination law, complaints could still be made about access problems individuals faced. Building law and discrimination law was not consistent leading to uncertainty for the building industry including developers, designers, builders and certifiers. There have been many successful DDA complaints about buildings which were BCA compliant. For example, Cox v the State of Queensland 1994 made against the Brisbane Convention Centre. The cost of rectification was in the order of $300 000. Proceed to the next slide
Following approaches from industry, building professionals and community groups, the Federal Government resolved to address the inconsistency by developing a disability standard covering buildings, which would form part of a new BCA when completed. The disability standard was to set out details of what was required, in terms of building design and construction, to comply with the DDA. Complying with building law and the BCA would then also achieve compliance with the disability standard (formal title; Disability (Access to Premises – buildings) Standards 2010, known as the Premises Standards). Proceed to the next slide
As with the development of any new regulations, the ABCB consulted widely with the community and the building industry to ensure that the new provisions would be effective and generally acceptable. Proceed to the next slide
The activities of the ABCB are governed by an Inter-government Agreement (IGA) that requires it to comply with the Council of Australian Government (COAG) general principles for the development of regulations. In essence, these principles only allow new regulations to be introduced if other means of achieving compliance with government policy, e.g. market forces, consumer education or development of "guideline" documents, can be demonstrated to have failed or give lower net benefit. Proceed to the next slide
The RIS showed the proposed Premises Standards and new BCA were a cost-effective way of regulating for better access and in most instances could be reasonably achieved. The RIS also showed that, by changing the BCA so it required the same as the Premises Standards, industry could be confident that compliance with the new BCA would also achieve compliance with the Premises Standards. Proceed to the next slide
The Building Access Policy Committee that developed the draft included representatives from designers and architects, developers, the construction industry, building certifiers, regulators and people with disability. Between 1995 and 2000 the ABCB introduced a number of improvements for access, but in 2001 started work on the development of the Premises Standards at the request of the then Government. Proceed to the next slide
After the ABCB released the draft Premises Standards and Consultation RIS for public comment in 2005, both the Premises Standards and the RIS were revised in 2006 to take into consideration the comments received. Proceed to the next slide
A Parliamentary Committee undertook the third and final round of consultation on the draft and made a number of recommendations for change. Proceed to the next slide
Once the Premises Standards was finalised, the ABCB was able to proceed with aligning the BCA to reflect the requirements of the Premises Standards. Proceed to the next slide
While this module is about the BCA we need to look briefly at the structure of the Premises Standards to understand how they fit together The Premises Standards is in two sections. The first consists of 6 parts which cover legal and administrative issues including some general concessions and exemptions. The second part is the Access Code for Buildings. This is the part that includes Performance Requirements and Deemed-to-Satisfy Provisions which give the technical detail on how to comply. Those familiar with the BCA will recognise that the Access Code is written in the same style as the BCA. Proceed to the next slide
As was the case before BCA 2011, a full understanding of building requirements can only be achieved by looking at the BCA and relevant State and Territory building laws and regulations. Changes have been made to State and Territory building control systems to reflect the relevant content of Parts 1 – 6 of the Premises Standards. The BCA changes reflect the content of the Access Code. Taken together, building professionals can be confident that if they apply the BCA and relevant State and Territory building laws and regulations they are also ensuring a building complies with the Premises Standards. Proceed to the next slide
As a regulatory document, the BCA contains the minimum acceptable requirements. Individual building project briefs and documentation can stipulate that the project exceeds the minimum requirements. Best practice and innovation is still possible. Example; if an innovative hearing augmentation system is developed, it could be used as an Alternative Solution. Example; a shopping center may choose to increase the number of accessible parking spaces from the required minimum to meet local demand. Proceed to the next slide
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Performance Requirements relating to access sit primarily in Section D of the BCA although there are two others in Section E and F. The Performance Requirements are the mandatory parts of the BCA – building control authorities must be convinced that a building solution complies with these requirements via either the Deemed-to-Satisfy Provisions or a suitable Alternative Solution Proceed to the next slide
In broad terms the Performance Requirements seek to ensure buildings provide a ‘ continuous accessible path of travel ’ . A continuous accessible path of travel is one that does not include a step, stairway, turnstile, revolving door, escalator, moving walkway or other feature that might impede safe, equitable and dignified movement. Access is required: to a building from the allotment boundary between associated buildings that are required to be accessible between levels (via lifts, ramps and stairs) In most buildings, to all areas normally used by the occupants to signage including braille and tactile to required hearing augmentation systems to suitable sanitary facilities Proceed to the next slide
While there are some exceptions and exemptions within the BCA, access is generally required to all parts of the building used by the occupants - who may be customers, visitors or staff The Deemed-to-Satisfy Provisions in the BCA and referenced Australian Standards describe the minimum requirements to meet these Performance Requirements. Example, while the Performance Requirement requires access to all areas used by the occupants, the Deemed-to-Satisfy Provisions allow for concessions in the number of entrances that need to be accessible Example, while the Performance Requirement requires access to all areas used by the occupants, the Deemed-to-Satisfy Provisions allow for concessions in relation to lift or ramp access to upper floors in some small buildings Proceed to the next slide
DP2 focuses on safe movement to and within a building Example, the need for slip-resistant walking surfaces Example, the need to ensure doors are installed in a way that does not impede access Example, the need for suitable handrails to assist and provide stability for people using stairs or ramps Proceed to the next slide
DP6 addresses the issue of safe evacuation of a building and requires that the design of paths of travel to exits must be appropriate considering the use of a building, the number of occupants and issues such as the mobility of occupants. As with other Performance Requirements the Deemed-to-Satisfy Provisions in the BCA and referenced Australian Standards describe the minimum requirements to meet this Performance Requirement. Proceed to the next slide
DP8 addresses the need for carparking spaces suitable for use by people who use wheelchairs or walking frames or who may have other disabilities that require additional space to be able to get in and out of their vehicle Accessible carparking spaces have minimum dimensions to ensure a person getting out of a car can, for example, get into their wheelchair safely Proceed to the next slide
DP9 addresses the need to ensure that where there is an inbuilt communication system, as might be found in a cinema or concert hall, a means of giving access to the information to people with a hearing impairment must be provided. As with other Performance Requirements the Deemed-to-Satisfy Provisions in the BCA and referenced Australian Standards describe the minimum requirements to meet this Performance Requirement. Proceed to the next slide
EP3.4 addresses the need to ensure that when passenger lifts are used to transport people from one level to another in a building that is required to be accessible, they must be designed and constructed in a way that allows people with disability to independently use them. What makes a lift suitable for use by people with disability will be covered in the section on Deemed-to-Satisfy Provisions Proceed to the next slide
FP2.1 addresses the need to ensure people with disability are able to use sanitary facilities in an accessible building Apart from the accessible unisex toilets most people will be familiar with, this Performance Requirement also covers accessible showers and toilets suitable for use by people with ambulant disabilities, which will be covered in the section on Deemed-to-Satisfy Provisions Proceed to the next slide
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Reminder: The Performance Requirements are the mandatory requirements of the BCA. The Deemed-to-Satisfy Provisions describe one way to meet those requirements. It is in the Deemed-to-Satisfy Provisions that you will find a number of concessions and exemptions that define some limits to the level of access required in specific buildings or areas of buildings. As described earlier, compliance with the Deemed-to-Satisfy Provisions of the BCA ensures compliance with the Access Code of the Premises Standards. Proceed to the next slide
The Deemed-to-Satisfy Provisions are contained within 4 Parts Proceed to the next slide
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Table D3.1 is the main roadmap for determining which buildings need to be accessible and to what extent. It is based on building classifications, and in some cases, specific uses within classifications. Different classes of buildings may have different access requirements Example, while office blocks generally require access to all areas normally used by the occupants, hotels only require access to common areas of the building and some units but not all. This Table has to be read alongside other parts of the BCA which describe some concessions and exemptions from the general rules in Table D3.1 Example, D3.4 provides some general exemptions for access to specified areas of buildings Proceed to the next slide
Before looking at the broad requirements for access for different classes of buildings in Table D3.1, considering a couple of definitions will be useful In the BCA, a number of terms are specifically defined and appear in italics to alert users that a special meaning has been ascribed. These definitions are found in A1.3 Under the BCA something is accessible if it has features that ensure people with disability can get into and use a building The BCA also includes a definition of an accessway which is generally a ‘continuous accessible path of travel’ which does not include any barrier for a person with disability and which meets the technical specifications found in Australian Standard AS 1428.1 This means essentially that, in order to meet the Deemed-to-Satisfy Provisions of the BCA, a building must meet the requirements of Parts D3, E3, F2 and H2 and the technical specifications in referenced Australian Standards Proceed to the next slide
As was the case with previous editions of the BCA, not all of the technical detail is contained in the BCA itself. Some of it is in other documents referred to in the BCA, such as Australian Standards. During this presentation, won ’ t be going into detail on the content of all these documents, but will refer to relevant significant changes AS 1428.1 (Design for access and mobility, Part 1 – General requirements for access – New building work) is a key reference when dealing with disability access. It contains most of the technical information necessary to ensure Deemed-to-Satisfy Provisions of the BCA are met Other Australian Standards cover issues such as lift requirements (the AS 1735 suite) and specifications for tactile ground surface indicators (AS 1428.4.1). In order to fully understand the application of the Deemed-to-Satisfy Provisions of the BCA, practitioners need to refer to these Australian Standards. Proceed to the next slide
Table D3.1 sets out access requirements for Class 1b buildings which include guest houses, small hostels, B&Bs, farmstay, cabins and retreats used for holiday accommodation If the accommodation consists of cabins or cottages or similar as stand alone dwellings, the requirement is for at least 1 dwelling to be accessible and have accessible washing and toileting facilities. However , this requirement is only triggered if there are 4 or more cabins or cottages used for holiday accommodation on the allotment. If the accommodation is a boarding house, guest house, B&B, hostel or similar, access is required to at least one bedroom and associated washing and toileting facilities and to common areas such as dining rooms, games rooms, lounge rooms or similar The Premises Standards has different requirements for B&B type accommodation depending on whether the facility is newly built or an existing building. State and Territory building control systems need to be looked at to see how they reflect these different requirements. Proceed to the next slide
Access requirements for Class 2 buildings are new to the BCA Access must be provided through at least one pedestrian entrance to at least 1 floor containing SOUs but only to the front door of those SOU. The BCA does not require accessible design inside the SOU The BCA also requires access to at least 1 of each type of room or facility used in common by all the residents of the apartment block Example, a small apartment block has two floors and no common facilities used by all residents. In this case access would only be required through the building entrance and along the public corridors on one floor (most likely the ground floor) Example, if a larger apartment block has 3 floors and includes a laundry and a BBQ area for use by all residents on the ground floor, access would be required to the laundry, BBQ area and the front doors of SOU on the ground floor. The Premises Standards does not require any Class 2 building built before 1 May 2011 to provide access when renovating or upgrading. State and territory building laws and regulations need to be looked at to see if they reflect these different requirements. Proceed to the next slide
For hotels and motels, there are requirements for both common areas and accommodation units to be accessible. For the common areas, access is required to the front door of all units on at least 1 level and to at least 1 of each type of common room or space. These requirements also apply to all levels served by a lift or accessible ramp. Example, a small hotel has two floors and no common facilities other than reception. In this case access would only be required through the building entrance and along the public corridors on one floor (most likely the ground floor) and to the reception area Example, if a larger hotel has 3 floors and includes a reception area, restaurant and a BBQ area for use by all residents on the ground floor. Access would be required to the reception area, restaurant, BBQ area and the front doors of SOU on the one level. Proceed to the next slide
In addition to certain common areas, Table D3.1 requires a specified number of accessible SOUs be provided depending on the size of the hotel or motel Example, a hotel with 15 SOUs must have 2 accessible SOU with associated washing and toilet facilities Table D3.1 also specifies that no more than 2 accessible SOUs can be located next to each other and that, if more than 2 accessible SOU are required, they must be representative of the range of rooms available Example, if a hotel has 100 SOUs, half of which are superior quality, some of the five required accessible SOUs should also be of superior quality in order to provide occupants a choice of accommodation options representative of the range of rooms available. Proceed to the next slide
Class 5 buildings are office buildings Class 6 buildings are service or retail outlets including cafes, libraries, showrooms, grocery shops and banks Class 7b buildings are generally storage buildings such as warehouses and wholesale retail buildings Class 8 buildings are generally laboratories, factories or buildings in which goods or produce are made or assembled Class 9a buildings are generally health care facilities For these Classes of buildings, access is to be provided to and within all areas normally used by the occupants An occupant is anyone who can reasonably be expected to be in a building. This includes staff, the general public or visitors. Example, this would include public reception and retail areas, offices, secure areas for staff only, staff amenity rooms and the like This general requirement for access to all areas needs to be read alongside any exemptions and limitations found in other parts of D3 Example, in some situations lift or ramp access to the upper floor of a small 2 storey building is not required under D3.2 Class 7a buildings are carparks, and for this Class of building, access is required to and within any level containing accessible carparking spaces Proceed to the next slide
Class 9b buildings include schools, colleges, universities and early childhood centres as well as cinemas, theatres, sports stadiums and concert halls. For Class 9b buildings such as cinemas, theatres, stadiums etc. there are requirements in another section of D3 for accessible spaces for wheelchair users. If any particular seating platform or tier in a building does not have accessible seating spaces, access does not need to be provided to that level. Example, if a new cinema has two levels but all the required wheelchair accessible spaces can be provided on level 1, there is no requirement for access to be provided to level 2 Proceed to the next slide
Aged care buildings are those that provide residential accommodation for aged persons where personal care services are provided Requirements for access are similar to those required for a hotel/motel Not every SOU in an aged care facility need be an accessible SOU Proceed to the next slide
Class 10a buildings would generally be non-habitable buildings or facilities like a toilet block, public shelter or change room at a sports field The requirement for access is limited to those Class 10a buildings that are located in an accessible area. Example, a toilet block next to a car park for a sports field would be considered to be in an accessible area whereas a shelter built 5 kilometers into a walking track in a National Park would not be considered to be in an accessible area. Proceed to the next slide
The requirement for access into pools is limited to public pools such as hotel pools, council pools, pools in sports or health centres and the like Private ‘ back yard ’ pools and those available exclusively for use by, for example, residents in the penthouse unit in an apartment block or hotel are not required to provide access The 40 m perimeter limit generally excludes access requirements for small pools such as plunge pools or hot-tubs. Proceed to the next slide
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Accessways must be provided from the main points of entry at the allotment boundary. This might require more than one accessway from the allotment boundary depending on the location of the building and the number of pedestrian entry points. An associated accessible building connected by a pedestrian link might include two buildings operated by the same company where a specific pedestrian link has been created other than the public footpath outside of the buildings ’ allotment. Where an accessible carparking space is required within an allotment, the space must be linked to the building it serves. A council public carpark outside the building allotment would not be required to have an accessway to any particular building. Proceed to the next slide
The principal pedestrian entrance to a building must always be accessible If there is more than one pedestrian entrance, 50% of entrances including the principle entrance, must be accessible unless the entrance serves an area exempted by D3.4 If a building has a floor area greater than 500 m 2 in total, no inaccessible entrance can be more than 50 m from an accessible entrance D3.2 provides details of how to determine how many doorways must be accessible at an entrance and specifies that when a required accessible doorway has multiple leaves (other than if it is an automatically opening doorway) one of the leaves must have a clear opening of at least 850 mm so that a person with a disability using a wheelchair, for example, does not have to open both leaves to enter Proceed to the next slide
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D3.3 covers a number of accessible features [Read the content of D3.3 from the slide] Proceed to the next slide
AS 1428.1 provides detailed specifications for 4 types or ramps. General access ramps, threshold ramps, kerb ramps and step ramps Example, a general access ramp is required when raising more than 190 mm in height between levels. It must have handrails, landings every 9 m, a gradient between 1 in 14 and 1 in 20 and tactile ground surface indicators (TGSI) at the top and bottom Example, a step ramp can be used when raising no more than 190 mm in height between levels. It does not have to have handrails or TGSI and can have a gradient up to 1 in 10 The BCA does not require these features on a ramp used as a fire-isolated ramp Note that D3.11 limits the use of connected access ramps to a combined vertical rise of 3.6 m – this limitation recognises that ramps going higher than 3.6 m are likely to be difficult to use due to fatigue Proceed to the next slide
AS 1428.1 provides detailed specifications for stairways which apply to all stairways except fire-isolated stairways Example, stairways must include features such as continuous handrails on both sides, opaque risers, luminance contrast nosings on treads and TGSI at the top and bottom of the stairs Fire-isolated stairways are only required to have luminance contrast nosings and handrails on one side Note: luminance contrast refers to the amount of light reflected from one surface or component, compared to the amount of light reflected from the background or surrounding surfaces. High luminance contrast between the two surfaces ensures good visibility. The BCA and AS 1428.1 require 30% luminance contrast in various situations including at the nosings of steps. Proceed to the next slide
E3.6 will be covered later in the presentation Proceed to the next slide
Passing and turning spaces are required to ensure a person using a wheelchair does not have to back up significant distances along a narrow passageway A passing space can also serve as a turning space and the circulation space required at an intersection of two passageways is also sufficient to serve as a passing/turning space The dimensions for passing and turning spaces can be found in AS 1428.1 Proceed to the next slide
The small building concession takes account of the relative costs and loss of net lettable space of installing a lift or ramp into a small building compared to the total cost of the building The concession only applies to 2 and 3 storey buildings; a building of 4 or more stories must have access to all levels This concession is only available for Class 5, 6, 7b or 8 buildings Example, if a three storey building is 600 square metres on the ground floor and has two upper floors each of 300 square metres, all levels must be accessible Example, if a three storey building is 600 square metres on the ground floor and has two upper floors each of 190 square metres, an accessible ramp or lift need not be provided to serve those upper floors. However, note that all other accessible features still need to be provided on those upper levels Example, if a three storey building is 600 square metres on the ground floor and has a second floor of 300 and a third floor of only 150 square metres, because at least one of the upper floors is over 200 square metres all levels must be accessible Proceed to the next slide
Traversing carpet can be very difficult for people using wheelchairs because of the rolling resistance. This requirement for carpet pile height over-rides the technical specifications found in AS 1428.1 Proceed to the next slide
While the BCA does not specifically refer to some of the features that form part of a continuous accessible path of travel or make a building accessible such as doors, doorways and switches, they are nonetheless important aspects of access and usability As a general rule of thumb, unless specifically excluded, all the design specifications in AS 1428.1 should be applied to building elements in areas required to be accessible Proceed to the next slide
AS 1428.1 provides details for the design and construction of doors and doorways Example, doorways must have a clear minimum opening of 850 mm Example, circulation space at doorways must be sufficient to allow a person using a wheelchair to get access to the handle and turn into or out of a narrow passage. AS 1428.1 contains detailed requirements for circulation depending on the width of the passageway, size of the door and direction of travel as these all affect accessibility. Example, AS 1428.1 specifies luminance contrast requirements between the door leaf and surrounding wall, for example, in order to assist with identification of the doorway for people with low vision. Example, door handles must be located at specified heights and meet certain specifications for ease of use Proceed to the next slide
Doorknobs can be difficult for people who have a disability which affects hand and arm function. Opening doors can require a combination of gripping, twisting, pushing or pulling. Photo 1 is a round knob. This is difficult for people with limited arm mobility and dexterity to operate. Successful operation requires grip, a twist and a push. Photo 2 is a ‘lever type’ handle. While this is an improvement, it is still possible for a hand to slip off. Photo 3 is a ‘D’ type handle and the type required by AS 1428.1. The shape provides support and prevents hands from slipping off. It provides support for closing the door. Proceed to the next slide
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While access is generally required to all areas normally used by building occupants there are some areas that are exempt In these situations a continuous accessible path of travel is not required This has always been the case in the BCA and professional judgements will have to be made on a case by case basis Proceed to the next slide
Under D3.4, accessways are not required to certain areas within buildings where providing access would be ‘inappropriate’ because of the nature of the area or the tasks undertaken in that area. These areas could include rigging lofts, waste-containment areas, foundry floors, loading docks, fire lookouts, plant and equipment rooms and other similar areas. Assessment of these areas will need to be made on a case-by-case basis. Care needs be taken, however, to ensure that any assessment of the need to utilise this exemption is not based on assumptions about the ability of people with disability or people with a particular type of disability to undertake work in those settings. Proceed to the next slide
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Accessible carparking spaces must be provided in a Class 7a building (carpark) and in a carparking area on the same allotment as a building required to be accessible. In other words if a building is required to be accessible by Table D3.1, accessible carparking spaces must be provided in any carpark building or carparking area associated with the building if on the same allotment. Accessible carparking spaces need not be provided where a carparking service is provided, such as a valet service, where direct access to the carpark is not available to the public. If the carpark has a total of more than 5 spaces, the accessible spaces must be designated and signed as accessible spaces. Where there are 5 spaces or less, the accessible space need not be designated or signed so as to restrict its use only for people with disability. Proceed to the next slide
The proportion of accessible carparking spaces required is calculated using Table D3.5. Example, a Class 6 building such as a shopping centre with up to 1000 carparking spaces must have 1 accessible carparking space for every 50 spaces provided Example, an office building (Class 5) or a school (Class 9b) must have 1 accessible carparking space for every 100 spaces provided An accessible carparking space must be connected to an accessible entry to a building via a continuous accessible path of travel The specifications for accessible carparking spaces are found in AS/NZS 2890.6 Parking facilities – Off-street parking for people with disabilities Proceed to the next slide
The slide shows an arrangement for an accessible carparking space as required by AS/NZS 2890.6. Two adjacent accessible spaces may share a single unloading area, which must be protected by a bollard to prevent the space from being occupied by a vehicle. Proceed to the next slide
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The BCA requires accessible signage to identify toilets and showers, rooms with hearing augmentation systems, directions to an accessible entrance from an inaccessible entrance and directions to an accessible unisex toilet from a bank of toilets that does not include an accessible unisex toilet. Some of this signage must include International symbols for access and some must be provided in tactile and braille form to assist blind people and people with low vision Note : Other signage that might be found in a building such as tenants’ board information, room numbers or directions to particular spaces are not covered by the BCA. Proceed to the next slide
All toilets, not just accessible unisex toilets, must have accessible signage in the form of tactile and braille signage In addition, an accessible unisex toilet must be identified by the international symbol of access (the wheelchair symbol) People using wheelchairs transfer from their chair to the toilet pan in different ways. For some people transferring to the left is easier than to the right and visa versa. When a building has more than one accessible unisex toilet they must be designed in a way that alternates between left and right hand transfer and the signage for the toilet must provide that information in the form of a ‘L’ or ‘R’ In some situations a standard block of toilets must also have a cubicle designed for use by people with ambulant disabilities such as people with arthritis who may find it very difficult to lower and raise from the pan. Where the ‘ambulant accessible cubicles’ are required they must have tactile and braille signage on the door of the cubicle to indicate that they are suitable for use by an ambulant person with a mobility disability. In some situations, there is no requirement for an accessible unisex toilet at each bank of male and female toilets. When this is allowed, directional signage, incorporating the international symbol of access must be provided at the inaccessible toilets directing people to the nearest accessible toilet. Proceed to the next slide
Required signage should not be seen as an opportunity to be creative It is specifically designed to be legible to a wide range of people, including those with cognitive or learning disabilities and must be presented in a consistent form to be easily interpreted. Discussion points: Ask audience what parts do not comply. Some suggestions are below: Sharp corners All uppercase letters Symbol is not white on blue (Internationally standardised) Serif font is used (Picture 1) Symbol is abstracted (Picture 3) Proceed to the next slide
Any space required to have a hearing-augmentation system must be identified by braille and tactile signage as well as the international symbol of deafness which is white on blue similar the international symbol of access. This signage would generally be outside the room in which the hearing-augmentation system is available. Signage within the room must indicate the type of hearing-augmentation, and the area of the room covered. Signage must also indicate if the system being used in the room requires personal receivers, and where they may be obtained if this is the case. More information on hearing augmentation will be presented later – this slide only covers signage for hearing augmentation. Proceed to the next slide
In some situations an entrance to a building might not need to be accessible (covered under D3.2) and when this is the case, directional signage including the international symbol of access must be provided at the inaccessible entrance identifying where the closest accessible entrance is This signage is directional and does not need to be provided with braille or tactile signage Proceed to the next slide
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Specification D3.6 covers issues such as: Location of signs to ensure they can be read by a braille reader Size and spacing of braille dots Fonts Luminance contrast The need for rounded edges to ensure a braille reader does not injure themselves Proceed to the next slide
Braille is designed to be read with the fingers and as such, needs to be at an appropriate height. Proceed to the next slide
This sign including braille and tactile information warned people to not stand in front of the door but the sign is placed on the door meaning that a braille reader would have to do exactly what it is warning against Proceed to the next slide
Note: Remind participants about what a hearing augmentation system is. It can be described as a device to assist people with hearing impairment to access audible information in places such as a theatre, lecture hall, conference center or bank where tellers are behind a glass screen for example. Typical devices use induction (hearing) loop, Radio Frequency or InfraRed technology. Proceed to the next slide
The trigger for a requirement to have a hearing augmentation system is the provision of a built-in amplification system Example, a room in a convention centre has a built-in PA system. This room will be required to have a hearing augmentation system as well Example, a small meeting room in a law firm office does not have a built-in PA system so does not need to have a hearing augmentation system Example, a ticket booth at a railway station is screened off from the public and has a speaker system in place. This booth would be required to have a hearing augmentation system as well Proceed to the next slide
There are a number of hearing-augmentation systems available. A decision on which system to use will depend on a number of factors, such as the size and use of the space, external interferences and building materials used. Hearing-augmentation is not required to cover 100% of the floor area of rooms because such coverage could spill over into adjoining rooms and affect the operation of any system installed in those rooms, and because design considerations such as interference and room layout mean that it is difficult to ensure complete coverage in every room. D3.7 also includes information on the number of receivers required if using a system such as radio frequency or InfraRed. Example, in a room accommodating 400 people, 16 receivers would be required to be available. If the built-in amplification system is only used for emergency warnings, that does not trigger a requirement for a hearing augmentation system If a building such as a sports stadium has a screen or scoreboard that is capable of displaying public announcements, it must also be capable of displaying information given to the audience that is given over the public address system Example, if the public address system announces Pele has replaced Beckham in the game, the scoreboard must be capable of displaying that information. Proceed to the next slide
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D3.8 sets out the requirements to assist blind people or people with low vision to avoid hazardous situations by the use of tactile ground surface indicators (TGSIs). There are two types of TGSI used in the built environment. Warning TGSIs and directional TGSIs. The BCA only requires the use of warning TGSIs and only for specific hazard identification Technical details for the design and placement of TGSI are found in Australian Standard AS/NZS 1428.4.1 Proceed to the next slide
There are very specific design criteria in AS/NZS 1428.4.1 for TGSIs including luminance contrast requirements The TGSIs are designed so that they may be read either tactually underfoot, through the tip of a long cane, or visually because of their luminance contrast with the surrounding surface. Proceed to the next slide
TGSI warn people that they are approaching some form of potential hazard such as a flight of stairs or a change in level such as a ramp Good design and placement provides information to a blind person or person with low vision to be alert to the hazard If there is a chance that someone walking along a path might bump into an overhead obstruction less than 2 m high, TGSIs should be used to warn of the hazard unless a suitable barrier is in place such as a rail or other suitable fixture or fitting. There is a concession in the BCA which states that fire-isolated stairways and ramps are not required to have TGSIs. If an area is exempt from access requirements under D3.4, TGSI are not required. Buildings specifically provided for aged care services need not use TGSIs on stairs and ramps as long as the handrails on them incorporate a raised dome at the end of the handrail to indicate the end of the stairs or ramp Proceed to the next slide
This open stairway creates an overhead hazard and a blind person or a person with low vision could walk into the underside of the stairway because there is nothing to warn of the danger Proceed to the next slide
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D3.9 sets out the requirements in relation to the provision of wheelchair seating spaces in Class 9b assembly buildings with fixed seating. This includes the number of wheelchair seating spaces to be provided in theatres, cinemas, auditoriums and the like, their positioning within the general seating area and how they are to be grouped with other seats or wheelchair spaces These grouping requirements ensure that two or more people using wheelchairs can sit next to each other if they wish There is nothing in the BCA to stop building operators putting temporary seating in wheelchair seating spaces when they are not being used The number of spaces and placement depends on the seating capacity of the building Example, a theatre with 140 seats must have 3 wheelchair seating spaces with one single and one group of 2 spaces Example, a 10,000 seat stadium must have 108 wheelchair spaces with at least 5 single spaces, at least 5 groups of 2 spaces and not more than 5 spaces in any other group. The details and dimensions of wheelchair seating spaces are found in AS 1428.1 Proceed to the next slide
Generally people do not rush down to the front of the cinema to take the front row so this requirement is to ensure people with disability are not forced to sit in the front row, which can be a particularly unpleasant experience for people with poor upper body strength being forced to look up at the screen People generally have a wide range of choice of which seats they would like, so this requirement seeks to provide people with disability with a similar choice. Proceed to the next slide
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Access requirements only apply to public pools such as those in hotels, local government pools and pools associated with facilities such as fitness centres. They do not apply to private household pools or pools only available to single occupancies such as a penthouse in a hotel or apartment block. The trigger is when a pool is greater than 40 m in perimeter. Pools under this size are exempt. Example, a spa with only 10 m perimeter in a hotel is not required to be accessible. Pool safety fences are designed to prevent unsupervised young children gaining entry to swimming pools. For this purpose, latches on swimming pool gates have to be at a height to put them out of reach of children, which also puts them outside the height range for accessibility purposes. On this issue, safety takes precedence over access. Therefore latches on swimming pool gates are not required to be at an accessible height. Proceed to the next slide
If a ramp, zero depth entry or platform lift is used, an aquatic wheelchair (one suitable for immersion in water) must be available. A zero depth entry is typically one used in children’s pools to provide a gradual sloping entry A sling-style lift requires someone to transfer from their chair onto a sling which is lowered into the water. This is the least dignified means of providing access but is allowed and may be the most cost effective way of providing access to smaller pools. A pool over 70 m in perimeter can use a sling-style lift as a second means of providing access but must use either a ramp, zero depth entry or platform lift as its primary means of providing access. Proceed to the next slide
Specification D3.10 details the design, location and safety features of each of the four systems for providing access into a pool Example, a ramp must have a gradient of no more than 1 in 14 Example, surfaces on a zero depth entry must be slip resistant Example, swimming pool lifts must have a weight capacity of at least 160 kg Example, a sling-style lift must be designed so that it will submerge not less than 500 mm below the water level Proceed to the next slide
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Ramps may be used as part of an accessway where there is a change in level and must comply with the requirements specified in AS 1428.1 including a maximum gradient, landings, TGSIs, handrails and kerbing. Clause D3.11 states that a series of ramps cannot be used on an accessway to connect one level to another if the vertical rise is greater than 3.6 metres. This is to ensure that the overall distance required to negotiate a series of ramps does not cause undue fatigue for a user to the point where the ramp becomes unusable. In the case of step ramps, which must have a clear landing area at the top and bottom and may have a gradient of 1 in 10, the landings must not overlap another landing for a step ramp or ramp. This requirement aims to ensure that where two step ramps converge in a high traffic area, sufficient space is provided to enable manoeuvring without requiring people to wait on the ramp. It also aims to limit the likelihood of two step ramps being installed where a 1:14 ramp should have been provided. This is shown in the next slide Proceed to the next slide
The need for 2 landings where two ramps overlap Proceed to the next slide
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Frameless or fully glazed doors, sidelights and other glazing situated on a continuous accessible path of travel are difficult for people with low vision to identify To assist people to safely move into and through buildings, there is a requirement for visual indicators on the glazing if there is no other indicator such as a rail or transom to warn people that the glazed panel is not an unimpeded opening. Proceed to the next slide
Details for markings on glass are found in AS 1428.1 and include requirements that the indicator must be a solid band at least 75 mm thick across the whole doorway or sidelight with a 30% luminance contrast. The photo on the left is not marked in any way. The photo on the right is clearly marked in a compliant manner. Proceed to the next slide
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E3.6 identifies the range of lifts that can be used in buildings Design details for each type of lift are found in a suite of Australian Standards Example, AS 1735.7 is a stairway platform lift which follows the flight of stairs on rails fixed at one side Example, AS 1735.14 is a low-rise platform lift While the range is broad and allows for more cost effective approaches to small buildings in particular, there are some limits on when each type of lift can be used Example, while a stairway platform lift (AS 1735.7) may be used, the limitations on their use means that they should be a ‘lift of last resort’. The limitations on stairway platform lifts are imposed because this type of lift does not offer the most dignified or independent access possible but may, in some situations, be the only option possible. Limitations on use include they must not: Be used in a building accommodating more than 100 people Be used in high traffic areas such as a theatre or shopping centre Connect more than 2 storeys Be used where it is possible to use another type of lift Proceed to the next slide
Table E3.6b provides some general requirements for the main features of different lift types. Example, all lifts apart from stairway platform lifts and low-rise lifts must have a handrail Example, all lifts that travel more than 12 m must have a minimum lift floor dimension of 1400 mm by 1600 mm Example, all lifts, apart from stairway platform lifts must have lift landing doors at the upper landing Example, all lifts serving more than 2 levels must have automatic audible information within the lift car to identify the level each time the car stops For lift cars that are not fully enclosed, the operating system may be a constant pressure device which requires someone to be constantly pressing a button or lever in order to keep the lift moving. This system of making a lift move can be very difficult for people with some types of disability to operate but the concession exists for safety reasons (for example, in case a child slipped under the lift in a situation where the lift is not enclosed) Proceed to the next slide
Here are two examples of lifts that may be used in some situations. The left hand side shows an unenclosed lift traveling up one level and the lift on the right is a stairway platform lift Proceed to the next slide
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The general term ‘accessible sanitary facilities’ refers to: accessible unisex sanitary compartments (referred to generally as’ accessible unisex toilets’, not ‘disabled toilets’) accessible unisex showers toilets suitable for use by people with ambulant disabilities F2.4 refers, throughout, to AS 1428.1, where all the design specifications and fitout requirements for accessible sanitary facilities can be found Proceed to next slide
Table F2.4(a) provides details of number and location of accessible unisex toilets that vary depending on the Class of building Example, for a Class 2 building (apartment block) accessible unisex toilets are only required where toilets are provided in a common area Example, for a Class 3 building (hotel) accessible unisex toilets are only required in accessible SOUs and where toilets are provided in a common area Example, for a Class 6 building (shopping centre) accessible unisex toilets are required on every storey containing toilets The general rule is that wherever there is a bank of male and female toilets there should be an accessible unisex toilet However there are some concessions …. Proceed to next slide
Example, if female toilets are located on one floor or one side of a building and male toilets are located on another floor or other side of the building, an accessible unisex toilet is only required at one location Example, if a sports stadium has four banks of toilets on the ground floor an accessible unisex toilet is only required at two locations. Proceed to next slide
Example, if a small two-storey building had a bank of toilets on the ground floor and a bank of toilets on the upper floor, and the upper floor was covered by the small building concession because it was under 200 square metres, only the ground floor would be required to have an accessible unisex toilet. Example, if an area was considered under D3.4 to be exempt from access requirements because of the particular purpose of usage or because of health and safety concerns, and toilets are located in that area, an accessible unisex toilet would not be required in that area. If, however, the toilets were located in another area not covered by the D3.4 exemption, an accessible unisex toilet would be required at that location. Proceed to next slide
The circulation space requirements, location and clearances of fixtures and fittings are critical for ensuring the best possible access for the greatest number of people While the BCA only requires a closet pan, washbasin, shelf or bench top and a sanitary towel disposal bin within a toilet, if other fixtures and fittings are included, such as a soap dispenser, clothes-hanging device, mirror or baby change facility, they must also comply with the requirements of AS 1428.1 An accessible shelf or bench top is particularly important for items to be placed on while, for example, someone is emptying their colostomy bag. Some individuals may require assistance using a toilet. Accessible toilets are therefore required to be unisex to allow for assistance by someone of the opposite gender without having to enter an area reserved for one sex. Proceed to next slide
Discussion point: Ask participants to identify what might be wrong with this toilet It is being used as a storage area The handrail is upside down and back to front – this rail cannot be used to assist with transfer There is no grab rail behind the pan to aid with front-on transfer This is a ‘disabled’ toilet because it does not work. Proceed to next slide
Because of differing body strengths, the effect of particular disabilities and personal preferences, transferring from a wheelchair to a pan might be easier, or in some cases only possible, from one side or the other of the pan Having a mixture of transfer types increases the options available for people with limited or asymmetrical physical capabilities to find a suitable alternative. New signage requirements state that information about left or right transfer must be provided in the form of ‘ L ’ or ‘ R ’ on the accessible toilet sign. Proceed to next slide
A person with an ambulant disability is someone who is able to move about without the need for a wheeled mobility device, but who would benefit from the availability of a raised pan and handrails to assist in raising and lowering. While requirements for ‘ambulant accessible toilets’ have been in the BCA for a number of years in relation to Class 10a buildings (for example, a public toilet block in a park) they are a new requirement for most buildings The design specifications for ‘ambulant accessible cubicles’ are in AS 1428.1 and include features such as door openings of minimum 700 mm, grabrails on both sides of the cubicle and a pan seat height of between 460 mm and 480 mm. The requirements for ‘ambulant accessible toilets’ are only triggered if there are male/female toilets in addition to an accessible unisex toilet. So, for example, if a small building is required to only have one male and one female toilet and that requirement is satisfied by installing a single accessible unisex toilet, there would be no requirement to build an additional toilet to provide an ‘ambulant accessible toilet’. The concession for small buildings (D3.3(f)) and D3.4 Exemptions for accessible unisex toilets also affects the requirement for ‘ambulant accessible toilets’ because this type of facility is only required where there are toilets in addition to accessible unisex toilets. If there is no accessible unisex toilet, there is no trigger for an for ‘ambulant accessible toilet’. Proceed to next slide
Table F2.4(b) contains requirements for the provision of accessible unisex showers Example, if a Class 1b building is required to be accessible, at least 1 accessible shower must be provided Example in Class 3 (hotel) and Class 9c (aged-care) buildings every accessible SOU must have an accessible shower In Class 5, 6, 7, 8 and 9 buildings, accessible showers are only required where the BCA requires showers to be provided in the first place. For those classes, the BCA only requires showers in Class 9b theatres and sporting venues. If showers are provided voluntarily in other buildings, eg. in an office building, F2.4 does not require accessible showers to be provided. Proceed to next slide
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Since 2002, public transport related buildings have been subject to a set of national disability standards called the Disability Standards for Accessible Public Transport 2002 . The design specifications in the Transport Standards are in some cases a little different to those generally applied in the BCA. In addition, the passenger-use areas of existing transport-related buildings are subject to a timetable for upgrade of buildings to meet the requirements of the Transport Standards over time. Proceed to next slide
To try and retain the upgrade timetable and ensure continuity, those parts of the Transport Standards that related to buildings have been taken out of the Transport Standards and placed in the BCA as H2 This means that, in a few instances, the general requirements of the BCA might be different to the requirements of H2 Where there is a difference, the requirements of H2 take precedence Example, under the BCA the Deemed-to-Satisfy requirement for the minimum width of accessible paths of travel is 1000 mm (AS 1428.1–2009) whereas Part H2 refers to AS 1428.2–1992, which requires 1200 mm minimum width. In this example, H2 takes precedence in relation to the passenger-use areas of transport-related buildings When working on passenger use areas of transport related buildings, care needs to be taken to refer to the correct Australian Standards listed in A1.3. Proceed to next slide
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Generally the BCA applies equally to new buildings and new work in existing buildings Any different approaches or additional requirements or triggers a State or Territory might want to adopt will generally be addressed through State and Territory regulations and administrative procedures Earlier in this module, we looked at how the BCA and Access Code of the Premises Standards were being made consistent. It was noted that while compliance with the new BCA ensured compliance with the Access Code there were a number of other issues contained within Parts 1 – 6 of the Premises Standards that would also need to be addressed. It was noted that changes would have to be made to State and Territory building laws or systems to reflect the relevant content of Parts 1 – 6 of the Premises Standards As was the case before BCA 2011, a full understanding of building requirements can only be achieved by looking at the BCA and relevant State and Territory building laws and regulations Proceed to the next slide
While building professionals need to refer to their own State and Territory regulations for details, there are three areas for particular consideration. The first covers exemptions for existing Class 1b and Class 2 buildings, and upgrades to existing lifts and accessible unisex toilets The second is upgrades to what is referred to in the Premises Standards as the ‘affected part’ of a building The third is State and Territory arrangements for considering appeals that full application of the BCA to specific buildings might result in an unjustifiable hardship. I will talk more about unjustifiable hardship in a moment Proceed to next slide
The Premises Standards states that if an existing building is developed or upgraded into a B&B or Farmstay type Class 1b building, the access requirements are not triggered unless there are 4 or more bedrooms made available to the public. While the BCA states that any Class 1b building of this type must have access to at least one bedroom irrespective of the number of bedrooms available, State and Territory regulations are intended to reflect what the Premises Standards say. While the BCA does not make a distinction between new Class 2 buildings i.e. those for which a building application was made after 1 May 2011 and older Class 2 buildings undergoing upgrade, the Premises Standards does. The Premises Standards do not require Class 2 buildings built before 1 May 2011 (or for which a building application was made before 1 May 2011) to meet the requirements for access if it is subsequently upgraded. State and Territory regulations are intended to reflect what the Premises Standards say. Earlier editions of the BCA required a lift floor circulation space for lifts travelling more than 12 m to be a minimum of 1100 mm by 1400 mm but the new BCA requires a floor space of 1400 mm by 1600 mm for such lifts. The Premises Standards allows for a concession for lifts in existing buildings that travel more than 12 m. As long as an existing lift meets the earlier BCA requirements, it does not need to be upgraded in relation to circulation space requirements. State and Territory regulations are intended to reflect what the Premises Standards say. The same applies to existing accessible unisex toilets that comply with the earlier BCA requirements for circulation space and fitout. Proceed to next slide
The Premises Standards introduces a new requirement when upgrades to existing buildings are undertaken. This is a requirement that, in some situations, there will be a need to upgrade what is called the ‘affected part’ of a building This is the path of travel from the principle pedestrian entrance (main entrance) to the area of new work. In a multi-storey building, this could mean an upgrade of the path of travel from the main entrance to the lift and up the lift to the floor where the new work is taking place. Another example might be from the main entrance to a restaurant through the restaurant and into a new dinning area being built at the back of the existing space. Upgrading might involve getting rid of a front entry step, upgrading required handrails or signage or refitting a lift to provide audible announcements The reason for the introduction of this requirement is to encourage more extensive upgrades of buildings over time and to ensure that in appropriate cases, access is available to new areas of buildings that include accessibility – there is little point in having level 6 or 10 of a building fully accessible if you cannot get to that area. There is a limit to the requirement for the upgrade of the ‘affected part’ If the person making the application for building approval for the new work in an existing building is the owner or a tenant who occupies the whole building, this triggers the requirement for an upgrade of the affected part However, if the person making the application for building approval for the new work in an existing building is one of a number of lessees in the building, the requirement for affected part upgrade is not triggered Example, if a building has two tenants and one makes an application to upgrade the area they rent, this does not require an upgrade of the affected part Example, if a building owner makes an application to upgrade part of their building, this would trigger a requirement for an upgrade of the affected part. State and territory regulations are intended to reflect what the Premises Standards say about ‘ affected part ’ upgrades. Proceed to next slide
The Premises Standards include a general exception for access provisions where the full application of requirements would result in what is called an ‘unjustifiable hardship’. ‘ Unjustifiable hardship’ is not defined but a list of factors provide guidance as to what is relevant in considering whether compliance with the Premises Standards might impose unjustifiable hardship. The factors include, but are not limited to, costs, loss of value, impact on revenue, capacity to pay and impact on financial viability, technical building factors, the relationship of cost to the value of the building and the benefits of access, whether the building is used for public purposes or has a community function and the effort expended in trying to comply with the Standards. It demands an inquiry of what is fair and reasonable in the circumstances. Compliance with the Premises Standards is still required to the maximum extent not involving unjustifiable hardship. For example, enlarging a lift may impose unjustifiable hardship but upgrading the lift control panel to provide Braille and tactile buttons may not. There is no similar general exception within the BCA but State and Territory governments have been encouraged to set up a mechanism for dealing with questions of unjustifiable hardship through State and Territory administrative processes In some States and Territories, Access Panels or similar bodies have been established to deal with these questions Building professionals and developers should check with their local building administrations to identify local mechanisms Proceed to the next slide
Do you have any questions? Proceed to the next slide