Americans with Disabilities Act Codes, Standards and Guidelines.

1. 2010 ADA Standards Seminar:
Applications for Existing Buildings
July 26, 2012
Code Consultants, Inc.

2. Kevin D. Morin, PE Amy J. Murdock, PE
Principal Principal
Code Consultants Professional Engineers, PC Code Consultants, Inc.
215 West 40th Street, 15th Floor 2043 Woodland Pkwy; Suite 300
New York, New York 10018 St. Louis, Missouri 63146
212-216-9596 314-991-2633
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© Code Consultants, Inc. 2012
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3. Agenda
• Accessibility Codes, Standards, Guidelines
• Definitions
• Barrier Removal
• Alterations
• New 2010 Requirements
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4. Codes, Standards, and Guidelines
• 2008 NYC Building Code
references ICC/ANSI A117.1, 2003 Edition
Local Law 58
• Fair Housing Act
• 2010 Standards for Accessible Design. Title III
Rule of the Americans with Disabilities Act
(ADA)
• Proposed Accessibility Guidelines for
Pedestrian Facilities in the Public Right‐of‐Way
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5. Short list of differences between new (2008)
and old (1968) New York City Building
Code….
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6. Item LL58 ‐ 1987 New NYCBC FHA ADA
Exterior entry doors All “public” All “public” At least one ADAAG:
50 percent
2010 Standards:
60 percent
Exterior Door Opening Force 8.5 pounds 8.5 pounds No requirement No requirement
Interior threshold height 1 inch max 1/2 inch max 1/2 inch max 1/2 inch max
Threshold height at exterior No requirement 3/4 inch for permeable deck; 3/4 inch for permeable deck; N/A
deck in residential space 4 inches for non‐permeable 4 inches for non‐permeable
deck deck
Threshold height at exterior 1 inch max 1/2 inch max 1/2 inch max 1/2 inch max
deck in public space
Toilet room space at water 16‐1/2 inches to wall, 16‐1/2 18 inches to wall, 18 inches Varies depending on safe N/A
closet in residential space inches to lavatory, total 33 to lavatory, total 36 inches harbor:
inches wall to lavatory wall to lavatory 18 inches to wall,
15 inches to lavatory
Toilet room space at water 18 inches to wall, 18 inches 16‐18 inches to wall, Varies depending on safe ADAAG:
closet in public space to lavatory 60 inches from side wall to harbor: 18 inches to wall, 18 inches
lavatory Either: to lavatory
18 inches to wall, 18 inches 2010 Standards:
to lavatory; or, 16‐18 inches to wall,
16‐18 inches to wall, 60 inches from side wall to
60 inches from side wall to lavatory
lavatory
Side wall grab bar length in 15 inches min starting 12 18 inches min starting 12 Varies depending on safe N/A
residential space inches max from rear wall, inches from rear wall, harbor:
extending 15 inches min from extending 30 inches min from 24 ‐ 42 inches
rear wall rear wall
Side wall grab bar length in 42 inches 42 inches 42 inches 42 inches
public space
6
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7. Application of Rules for NYC Apts/Condos
Regulation
Existing Building: Same New construction; or, Existing
Jurisdiction Building Area occupancy with less than Construction with changed
50% of the cost in occupancy for the building or >
alterations 50% cost of the building in
alteration expense
New York City Common/public use Local Law 58‐1987 with 2008 NYCBC with 2003 ANSI
(lobby, parking, the 1986 ANSI A117.1 A117.1
sidewalks)
Residential units
US Federal Law * Public use (lobby, HUD’s Fair Housing Act (FHA)**
sidewalks, retail,
‐ Prior to March 15, 2012: 1994 ADAAG
leasing office)
‐ March 15, 2012+: 2010 Standards
Residential units and HUD’s Fair Housing Act (FHA)**
common use areas
(lobby, parking, pool)
*The ADA applies only to areas accessible by the public. It covers retail areas and the main lobby as well as any
leasing/rental office. It does not apply to any elevator which provides access to only residential floors.
**HUD recognizes 10 safe harbors for compliance with the Fair Housing Act’s design and construction
requirements.
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8. Fair Housing Act: HUD Safe Harbors
1. HUD Fair Housing Accessibility Guidelines published on March 6, 1991 and the
Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and
Answers about the Guidelines, published on June 28, 1994.
2. HUD Fair Housing Act Design Manual
3. ANSI A117.1 (1986), used with the Fair Housing Act, HUD's regulations, and the
Guidelines.
4. CABO/ANSI A117.1 (1992), used with the Fair Housing Act, HUD's regulations, and
the Guidelines.
5. ICC/ANSI A117.1 (1998), used with the Fair Housing Act, HUD's regulations, and
the Guidelines.
6. Code Requirements for Housing Accessibility 2000 (CRHA).
7. International Building Code 2000 as amended by the 2001 Supplement to the
International Codes.
8. International Building Code 2003, with one condition.
9. ICC/ANSI A117.1 (2003) used with the Fair Housing Act, HUD's regulations, and
the Guidelines
10. 2006 International Building Code ®
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9. 2010 Standards
• March 15, 2012: The 2010 Standards
become mandatory. There is no option for
using the old ADAAG any longer.
• The “trigger” date is the date on
which the application for a
building permit or permit
extension is accepted/certified
by the local AHJ – not the date of
permit issuance.
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10. What Happened March 15, 2012 –
Element‐by‐Element Safe Harbor
• 1994 ADAAG existing facilities – safe harbor and
don’t have to comply with 2010 Standards until
the specific element is altered or required to be
altered.
• At the time of alteration then the element must
comply with the new rules.
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11. What Happens March 15, 2012 –
Removal of Barriers; New Item
• New provisions in 2010 Standards not in the
ADAAG need to be made compliant.
Recreational equipment (including play areas)
Water features
Pool access
Exercise equipment
Team or player seating
Accessible route in court sports facilities
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12. Construction – Removal of Barriers
Recall that all public accommodation buildings
covered by the ADA are subject to the
removing barriers.
• Applies to existing buildings whether
alterations are planned or not.
• Hierarchy/priority list
• Install off‐set hinges on a narrow door,
ramping a curb, installing visual alarms,
switching door hardware, etc.
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13. Barrier Removal
• Only applies to buildings constructed prior
to 1992
• Priority List
Exterior Access
Interior Access (basic/general)
Restrooms
Interior Access (detailed/specific)
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14. Barrier Removal Priority List –
Detailed Review
Exterior Access Interior Access
• Public sidewalks, • Areas where goods or
• Parking, or services are available.
• Public transportation. • Corridors
Example Example
• Install entrance ramp, • Widen doors,
• Widen entrance, or • Rearranging displays, or
• Provide accessible • Install Braille and raised
parking spaces character signage.
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15. Barrier Removal Priority List –
Detailed Review
Restroom Access Interior Access
• Widen doors, Any other measures
• Install ramps, necessary to provide
• Install accessible access to the goods,
signage, services, facilities,
privileges, advantages, or
• Widen toilet stalls, accommodations.
• Install grab bars, or
• Relocate dispensers.
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16. Barrier Removal – N/A?
• Buildings constructed after
1992 and have accessibility
deficiencies are noncompliant.
Really NO “barrier removal”
All noncompliant conditions need
to be remedied
Priority order could follow barrier
removal list
Priority could be easy to difficult
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17. Barrier Removal – 2010
• New 2010 Standard provisions not outlined
in ADAAG need to be remedied.
• Even if the industry is
pushing back, remove the
barrier.
• Building owner can
establish a timeline to
complete the updates.
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18. Construction ‐ Alteration
If an area of primary function is altered the
path of travel to the altered area must be
made accessible including restrooms,
telephones and drinking fountains.
• The path of travel must be made accessible
to the maximum extent feasible until the 20
percent threshold is achieved.
• Priority List for alterations also!
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19. Alteration Priority List
1. An accessible entrance;
2. An accessible route to the altered area;
3. At least one accessible restroom for each sex or a
single unisex restroom;
4. Accessible telephones;
5. Accessible drinking fountains; and,
6. Where possible, additional accessible elements such
as parking, storage, and alarms.
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20. Alteration – Disproportionate Cost
• Not readily achievable
• Deemed to be a disproportionate cost (>20%
of the project cost)
• Accommodations must be made to provide
goods and services.
• Reasons which accessibility cannot be
achieved should be documented and kept
with a project file or somewhere where it can
be retrieved in the future.
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21. Alteration – IMPORTANT!
• Courts have ruled that up to 20% of a project
costs can be considered a reasonable expense
to provide the accessible route to the altered
area of primary function.
• So…remove barriers for a cost up to 20% of a
project’s cost; unless no barriers are
presented.
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22. Definitions – Dimensions
The Million Dollar Question
• Dimensions that are not stated as
“maximum” or “minimum” are absolute
– can’t be above; can’t be below.
• Absolute dimensions are subject to conventional
industry tolerances.
• Range dimensions (max. and min. end points) are not
subject to tolerances.
• Centerline measurements are normally more liberal
due to difficulty.
104.1
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23. Definitions – Impracticable (aka Tech Infeas)
A friendly reminder
• Structural conditions would require
removal or alteration of a load‐bearing
member essential to structural frame.
• Existing site constraints prohibit
modification.
• Not just because project doesn’t have fee in
the budget.
106.5
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24. Impracticable Situation
DOCUMENT!!!
• DoJ has ruled 20% of construction costs should
be allocated to Barrier Removal.
• Document your case if impracticable.
Public Street
infill slab Add lift Another
entrance
106.5
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25. Example: 1108 Amy’s Way, NYC
• 10 story office building; built 1990
• Level 3 will be altered to include a food
court.
• Level 4 will be altered to include
meeting/event rooms for the public to rent.
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26. 1108 Amy’s Way – Alteration
• Codes – NYC
Where the estimated cost of the building
alterations in any 12 month period exceeds fifty
percent of the cost of replacement of the
building, compliance with the NYCBC is
required.
Otherwise LL 58 or 2008 NYCBC is acceptable.
• CCI would suggest 2008 NYCBC
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27. 1108 Amy’s Way – Alteration
• Codes – 2010 ADA Standards
Confirm path of travel compliance
Main entrance
Restrooms
Drinking fountains…
Confirm 20%!!!
• Level 3 food court and Level 4
meeting/event rooms design must comply.
© 2012 CODE CONSULTANTS, INC. 27

28. Kevin D. Morin, PE Amy J. Murdock, PE
Principal Principal
Code Consultants Professional Engineers, PC Code Consultants, Inc.
215 West 40th Street, 15th Floor 2043 Woodland Pkwy; Suite 300
New York, New York 10018 St. Louis, Missouri 63146
212-216-9596 314-991-2633
© 2012 CODE CONSULTANTS, INC.