Download - 8/26/2014 · 8/26/2014 3 Americans w/Disabilities Act •Title III –Regulated by DOJ/DOT –Enforcement: Investigations/Lawsuits by DOJ •Injunctive Relief

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NEW YORK, NY | WASHINGTON, DC | NORWALK, CT CALL US 866.676.1972 | SWINTER.COM

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From Plans to Practice: An Integrated Approach to Accessible Design and Construction

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Learning Objectives

• Learning Objective 1: Gain a brief introductory knowledge of

the accessibility laws and codes, specifically the ADA

• Learning Objective 2: Learn how to address issues of non-

compliance during plan development and construction

• Learning Objective 3: Explore common oversights made in the field and practical solutions

• Learning Objective 4: Understand the implications of integrated accessibility in all stages of project design

Understanding Accessibility

• Federal accessibility laws

– Architectural Barriers Act

– Section 504 of the Rehabilitation Act

– Americans with Disabilities Act

– Fair Housing Amendments Act

• State and local laws – “Visit-Ability”

• Building codes

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Americans w/Disabilities Act

• Civil rights law that prohibits discrimination and ensures equal opportunity for persons with disabilities in:

– Employment

– State and local government services

– Public accommodations

– Commercial facilities, and

– Transportation

• Enacted July 26, 1990

– Amended in 2008 (effective January 1, 2009)


• Design and Construction

– Title II (28 CFR Part 35)

• Requires that state and local government entities ensure that all programs and services are accessible

– Title III (28 CFR Part 36)

• Prohibits discrimination in commercial facilities and

places of public

accommodations


• Title II

– Regulated by the appropriate agency or

DOJ

– Enforcement

• Individual complaint to appropriate agency

– Investigations and compliance reviews

» Voluntary Compliance Agreements (VCAs)

» DOJ Litigation – Consent Decrees

• Private lawsuits

– Remediation, damages and attorney fees

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• Title III – Regulated by DOJ/DOT

– Enforcement: Investigations/Lawsuits by DOJ

• Injunctive Relief

• Damages – Civil penalties: $55,000

for 1st violation/$110,000 for each subsequent violation

• Can involve a single property or an entire portfolio


• Title III (Enforcement)

– Enforcement: Private complaints/lawsuits

• Injunctive relief and attorney fees

Vu, M., Launey, K., & Ryan, S. (2014, August 5). 2014 May Be a Banner Year for ADA Title III Lawsuit Filings. Retrieved

August 8, 2014, from http://www.adatitleiii.com/2014/08/2014-may-be-a-banner-year-for-ada-title-iii-lawsuit-filings/

• Damages

– No monetary

damages under ADA

– States & local

jurisdictions may permit damages

Incentives

Tax Credit:

• Available to businesses with total revenues less than $1,000,000

annually; or fewer than 30 full-time employees.

• Can cover 50% of the eligible access expenditures in a year up to $10,250 (maximum credit of $5000).

• Used to offset costs of undertaking barrier removal and alterations to improve accessibility.

Tax Deduction:

• Available to all businesses with a maximum deduction of

$15,000 per year.

• Can be claimed for expenses incurred in barrier removal and alterations.

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From Plans to Practice:

Accessibility Compliance

Four parts:

I. Draw Compliant Plans II. Build Compliant Project

III. Perform Proper Assessments

IV. Be aware of common issues

From Plans to Practice: Accessibility Compliance

• Accessibility begins at the top

• Make accessibility a key goal

during the “Kick-off” meeting

• Provide accessibility training to

key staff and crew supervisors

• “Buy-in” from all trades and key personnel is essential to success

• Include accessibility as part of all team meetings

From Plans to Practice: Who is Responsible?

Everyone associated with the project and all trades associated with the project must work together.

• Owners

• Designers

• Engineers

• Project managers

• Marketing personnel

• Construction supervisors, laborers

• Plumbers, electricians, HVAC

• Masonry, concrete, paving

• Painters

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I. DRAWING COMPLIANT PLANS

Drawing Compliant Plans: General Accessibility Pages

Drawing Compliant Plans: Provide Requirements Where They Apply

Detail 2 on Page A803

Unit Plan

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Detail 2 on Page A803 Detail 5 on Page A804


Drawing Compliant Plans: Coordinate Plan Sets

Plumbing Plans Architectural Plans

Control Wall

Control Wall

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Drawing Compliant Plans: Determining Clearances

• Determine if 60” clearance is provided between the refrigerator and the opposing countertop

Stud-to-stud = 9’ x 12”/ft. = 108”

minus ⅝” finish x 2 = 106¾” wall-to-wall minus one 24” deep base cabinets = 82¾”

minus 1½” countertop overhang = 81¼”

minus depth of refrigerator (not including handle) = available clearance

81¼” - 30¼” = 51” = available clearance

minus 1” back air clearance = 50”

60” CLEARANCE IS NOT PROVIDED!

Consider installation

Drawing Compliant Plans: Avoid Inaccurate and Incomplete Details

48-inch maximum allowed

Drawing Compliant Plans: Avoid Confusing Details

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Drawing Compliant Plans: Show Accurate and Complete Details

Drawing Compliant Plans: Show Accurate and Complete Details

• Example Marble Threshold

Incomplete Detail Complete Detail

Drawing Compliant Plans: Provide Accurate Dimension Strings

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Drawing Compliant Plans: Show Accessible Routes on Plans

Drawing Compliant Plans: Show Accessible Routes on Plans

Drawing Compliant Plans: Document, Document, Document

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II. BUILDING COMPLIANT PROJECTS

Building Compliant Projects: Use Templates and Diagrams

Building Compliant Projects: Use Templates and Diagrams

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Building Compliant Projects: Follow the Plans

• Follow the plans

• Deviations from the plans

can affect compliance

• Mistakes might be costly

and difficult to fix after

construction begins

• Know accessible vs. non-

accessible units



• Mistakes might be costly and difficult to fix after construction begins

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Building Compliant Projects: Ask Questions Before You Build

Building Compliant Projects: Address Last Minute Changes


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Building Compliant Projects: Address Change Orders

Building Compliant Projects:

Address Change Orders

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Building Compliant Projects: Installation Matters


• Example of incorrect threshold installation


• Example of correct threshold installation

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Building Compliant Projects: Plan for Finishes

Building Compliant Projects: Project Oversight

• Provide day-to-day project oversight performed by

construction supervisors and

project managers

• Knowledgeable in accessibility

requirements helps towards achieving compliance

• Check and then double

check

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III. PERFORM PROPER ASSESSMENTS

Perform Proper Assessments: Plan Reviews

• Cannot rely on local code review to confirm federal requirements

• Inspect through multiple stages of plan review

• Schematics, Design Documents, Construction Documents

Perform Proper Assessments : Get Clear Guidance and Opinions

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Perform Proper Assessments : Perform Inspections

• Inspections should occur at various stages of construction

– Framing

– Rough-ins

– Close-in/finish

• Who conducts inspections?

– Construction team using checklists or other documents

– Qualified accessibility consultants

– Local inspectors do not inspect for Federal compliance

Perform Proper Assessments : Tools of The Trade

• Two-foot level

• Door pressure gauge

• Measuring tape

• Bevel measuring tool

• Camera

• Documenting

materials

• Why a two-foot level?

– Width of wheelchair

Perform Proper Assessments : Use a Two-Foot Level

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Perform Proper Assessments : Slope Measurements

Degrees

Percent

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IV. COMMON ISSUES IN THE FIELD

Common Issues: Compliant Slopes

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Common Issues: Changes in Level


• Transitions

– Detail transitions in context


• Transitions

– Detail transitions in context

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Common Issues:

Access to Playgrounds

Common Issues: Parking

Common Issues: Parking

• Provide wheel stops to prevent parked vehicles

from protruding into the accessible route

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Common Issues: Passenger

Loading Zones

Common Issues: Recessed Doors

Common Issues: Recessed Doors

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Common Issues: Doors in Series

Common Issues: Hardware

Common Issues: Door Hardware

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Common Issues: Operable Parts



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Common Issues: Protruding Objects

Common Issues: Ramps

Common Issues: Ramp Handrails

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Common Issues: Stairs and Stair Rails

Common Issues: Curb Ramps

Common Issues: Service Counters

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Common Issues: Swimming Pools

• Two accessible means of entry required:

– 1st means of entry: Pool lift or sloped entry

– 2nd means of entry: Pool lift, sloped entry,

transfer wall or system or pool stairs

• Exception: pools with less than 300LF of pool wall require: one accessible means of entry

required


• 1st means of entry: Pool lift or sloped entry


• 2nd means of entry: transfer wall, transfer system or pool stairs permitted.

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Common Issues: Wading Pools

• At least one sloped entry required

Common Issues: Spas

• At least one accessible means of entry required

– Exception: at least

5%, but no fewer than one spa provide

within each cluster

– Pool lifts, transfer wall,

or transfer system permitted

Common Issues: Spas

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Thank you for your time!

Questions?

Mark Jackson

Senior Accessibility Consultant

Manager, Commercial Building Services

ICC Certified Accessibility Inspector/Plans Examiner

[email protected]

203-857-0200 (x237)

Steven Winter Associates, Inc. Improving the Built Environment Since 1972

Download - 8/26/2014 · 8/26/2014 3 Americans w/Disabilities Act •Title III –Regulated by DOJ/DOT –Enforcement: Investigations/Lawsuits by DOJ •Injunctive Relief

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