TBR Remediation Efforts

PART ONE

Guide for Public Universities and Colleges

for spending grants and funding allocated for Compliance with Title l, II and III 2010

Standard (ADA ABA)

HISTORY

GRANTS HAVE BEEN GIVEN TO THE STATES OVER THE YEARS SPECIFICALLY

ALLOCATED FOR BRINGING SCHOOLS INTO COMPLIANCE WITH THE FEDERAL ADAAG

TENNESSEE BOARD OF REGENTS HAVE DIVIDED THESE FUNDS UP AMONG THE

COLLEGES IN THE TBR SYSTEM FOR THE PURPOSE OF

CORRECTING COMPLIANCE ISSUES

ON THE TBR SYSTEM CAMPUSES

TO HELP GIVE DIRECTION TO THE FACILITIES COORDINATORS IN ESTABLISHING AN EFFECTIVE

REMEDIATION PLAN THAT GETS THE MOST DONE FOR GRANT DOLLAR

TBR HAS PDS AMERICA PERFORMING ACCESSIBILITY AUDITS AT ALL

COMMUNITY COLLEGES IN THE TBR SYSTEM

FOCUS

WILL BE ON MAIN CAMPUSES

AUDIT REPORTS TO GIVE FACILITIES PERSONNEL

A GAME PLAN FOR SPENDING THE

ALLOCATED GRANT MONIES.

Grants• Provided yearly if available (federal or

state)

• Correct problems in order of PRIORITY – TIMELINE

• Keep working the recommended GAME PLAN until all work is done

• May take 10 years

NO FUNDS?No remediation!

• Rely on existing reasonable accommodation policies until funds are available again.

QUESTIONS

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Current Section of ADAAG

that govern

State Universities

and Colleges

CODE NOTE

REMEDIATION AUDITS WILL USE LANGUAGE IN 2010 STANDARD

SPECIFICALLY FOR REMEDIATION PROJECTS BECAUSE THE NEW LAW SPELLS OUT SPECIFIC BREAKS AND SAFE HARBOR REQUIREMENTS FOR

TITLE ll FACILITIES

• Title I–Employees & Staff

• Title II–Program Accessibility

• Title III–Public Accomodations

Title IEmployees & Staff

• Staff offices

• Staff work areas

• Staff lounges

• Staff area toilets

• Coaches locker rooms

Title IIProgram Accessibility

• Primary Function– Classrooms– Labs– Art Rooms– Music Rooms– Locker Rooms

• Support– Registration office– Student Center– Computer Labs

Title IIIPublic Accommodation

• Campus Theatres

• Sports Facilities

• Libraries

– (when open to public)

• Planetarium

• Walking Trails

Existing Facilities• 2010 Standards passed July 23,2010:  

The ADA and ABA guidelines cover new construction and planned alterations and

generally do not apply to existing facilities, except where altered With respect to ABA

facilities, the Board has clarified in the guidelines that facilities built to earlier ABA

standards are subject to the new requirements only in relation to planned

alterations.

• Title II requires programs, services or activities to be readily accessible when viewed in their entirety; it also allows publicly owned colleges and universities to make programs and activities available to HC students without extensive retrofitting of their existing buildings by offering programs through alternative methods.

• This practice is commonly referred to as “reasonable accommodation”.

FACTOID:

SCHOOLS DON’T HAVE TO BRING THEIR BUILDINGS INTO ADA COMPLIANCE,

THEY JUST CAN’T OFFER PROGRAMS THAT ENROLL HC STUDENTS THERE.

Contradictory Rules?

Reasonable Accomodation

Alternative Method Option ADAAG gives to colleges

and universities under

Title II.

Examples of Reasonable Accommodation

• Move classroom to accessible building

• Move class to main campus

• Pay for transportation to another school

• Provide special equipment

• Move award program to gym floor when HC stage not available.

• Provide shuttle from HC parking

Main Issue with Current Campuses

PREVIOUS REMEDIATION EFFORTS WERE DONE UNDER SCOPING FOR 28 CFR PART 36

AND NOT TITLE ll

WHICH USES 28 CFR 35

28 CFR 36

• Sec.36.304 Removal of barriers.

• (a) General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.

28 CFR PART 35

• Consistent with section 204(b) of the Act, this regulation adopts the program accessibility concept found in the section 504 regulations for federally conducted programs or activities (e.g., 28 CFR Part 39).

The concept of "program accessibility" was first used in the section 504 regulation adopted by the Department of Health, Education, and Welfare for its federally assisted programs and activities in 1977. It allowed recipients to make their federally assisted programs and activities available to individuals with disabilities without extensive retrofitting of their existing buildings and facilities, by offering those programs through alternative methods.

Program accessibility has proven to be a useful approach and was adopted in the regulations issued for programs and activities conducted by Federal Executive agencies. The Act provides that the concept of program access will continue to apply with respect to facilities now in existence, because the cost of retrofitting existing facilities is often prohibitive.

• Section 35.150 requires that each service, program, or activity conducted by a public entity, when viewed in its entirety, be readily accessible to and usable by individuals with disabilities.

Summary Section One• Most State Colleges receive Federal

Dollars

• Colleges Primarily Under Program Accessibility Rules of Title ll

• Most colleges have buildings that existed prior to 1991 (First ADAAG passed)

• Minimum requirements for program accessibility provided per Title ll

• Many campuses and buildings do not meet minimum standards for Title ll

QUESTIONS

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PART TWO

Campus Accessibility Guide

Campus ADA Audits

• Provided by TBR

• Provides system wide remediation strategy related to existing conditions at each facility.

• Provides priority time line for spending grant funds

Campus Accessibility Guide

PURPOSE

Helps ADA committees and facilities personnel understand requirements

of Title I, II, & III as they are related to their campus and also better

understand the remediation steps and recommendations provided in

Campus Audit Reports

Steps Toward a Smart Remediation Plan

• Physical Site – Audit

• Buildings built before 1991

• Buildings built 1991 to 2009

First priority, to make campus

Program AccessiblePhysical Site

Arrival PointsBus Stops HC ParkingPassenger Loading Zone

-Accessible paths from arrival points to HC building entrances.- Connector paths between buildings

WAY FINDER MAPS

Accessible Path Components

• HC Parking – slopes & signage

• Accesible path – run slope & cross slope, plus surface

• Ramps & curb ramps in path

• Protruding objects

• Compliant signage

• Maintenance issues

Second Priority,Buildings built before 1991.

Basic Program Accessibility Components

- Accessible Entrance- Accessible Path in building- Compliant Drinking Fountains- Compliant toilets, each sex or one HC unisex toilet

-One accessible classroom or lab of each type

-Accessible staff offices or accessible meeting room

Types of Classrooms• General

• Lecture Halls

• Music Rooms• Art rooms (one of each type)

• Labs (one of each type)

• Computer Labs (where computer classes taught)

• Specialty Rooms– Dressing rooms– Make up rooms– Lab prep rooms

Alterations/Additions

• Not required under ADAAG on existing buildings, but when done – must meet requirements for new construction in CURRENT STANDARD

Example• Lab Renovation

–Law says renovation must be on accessible path and toilet rooms and drinking fountains serving remodeled or new space must be accessible.

QUESTIONS

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PART THREE

Current LAW

And

2010 Standard

Currently TBR Uses:IBC 2006/ANSI 2003 AND 1991

ADAAG WHEN MORE STRINGENT

2010 STANDARD

The 2010 Standard mirrors the ANSI text, details and numbering system. Much of

the new requirements in the 2010 Standard were already required in ANSI 2003. There are still slight differences in many sections so careful sections and

highlighting of differences is recommended.

GUIDELINES BACKGROUND

•Americans with Disabilities Act (ADA) 1990

•The Architectural Barriers Act (ABA) 1968

Architectural Barriers Act

1968

2010 Standard

Combines both ADA and ABA scoping into one code book

with a technical requirements section referenced by both.

•Under newly updated law the old ADAAG will be referred to as 1991 Standard

•The new combined ADA ABA will be known as 2010 Standard

U.S. ACCESS BOARD

An independent Federal Agency

Developed and Updated the new 2010 Standard

Under 2010 Standards:

• Private Entities– Use ADA Scoping

• Federal Entities– Use ABA Scoping

• State & Local Entities– May use ADA OR ABA Scoping

• All Jurisdictions– Use Chapters 3-10 for Technical Requirements

2010 STANDARD EFFECTIVE DATES - DOJ

• These final rules will take effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. The Department has prepared fact sheets identifying the major changes in the rules.

This means TBR designers may begin using the 2010 standards March 15, 2011 but are required to on all projects pulling permits after March 15, 2012.

For Accessibility Requirements

From now until March 15 , 2011 use the current TBR code - IBC

Chapter 11 with ANSI 2003.

After March 15, 2011 use the 2010 Standard for projects designed for

TBR

TBR WILL BE PROVIDING MORE INFO ON CODE CHANGES AND EFFECTIVE DATES BOTH ON ITS WEB SITE AND AT THE

2011 FACILITIES COORDINATOR MEETING

QUESTIONS

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END

2004 Changes to

ADA-ABA

Accessibility Guidelines

Alberto Garcia-Paz

Lexander Reina

U.S. ACCESS BOARD

An independent Federal AgencyDevelopsUpdates accessibility guidelines for new

or altered facilities covered by ADA, ABA, in both public and private sectors.

GUIDELINES BACKGROUND

•Americans with Disabilities Act (ADA) 1990

•The Architectural Barriers Act (ABA) 1968

GOALS OF THIS UPDATE

• Update specifications to continue to meet the needs of persons with disabilities.

• Improving the format and usability of the guidelines to facilitate compliance.

• Harmonizing the guidelines with model building codes and industry standards.

• Making the requirements for ADA and ABA facilities consistent.

When will the new guidelines take effect?

• The Board’s guidelines are not mandatory on the public, but instead serve as the baseline for enforceable standards (which are) maintained by other Federal agencies.  In this respect, they are similar to a model building code in that they are not required to be followed except as adopted by an enforcing authority.  Under the ADA, the Department of Justice (and in the case of transit facilities, the Department of Transportation) are responsible for enforceable standards based on the Board’s guidelines.  These agencies will update their ADA standards based on the new guidelines.  In doing so, they will indicate when the new standards are to be followed.  Several other agencies (the General Services Administration, Department of Defense, Department of Housing and Urban Development, and the U.S. Postal Service) hold a similar responsibility for standards used to enforce the ABA.

Organization and Format

The updated guidelines feature:

• a new numbering system consistent with model codes

• a more streamlined structure and organization of chapters

• updated scoping and technical provisions, with a greater structural delineation between them

• new figures and commentary (advisory information)

• provision of all figure-based information in written text

Supplements to ADAAG • The Board previously developed

supplements to the original ADA guidelines that are specific to different types of facilities and elements:

• state and local government facilities, including courthouses and prisons (1998)

• building elements designed for children’s use (1998)

• play areas (2000) • recreation facilities (2002) • These supplements are included in the new

guidelines.  They have been revised for consistency with the format and approach of the new document, but their substance remains unchanged.

Layout of Document

CONTENTS

PART I: ADA APPLICATION AND SCOPINGADA CHAPTER 1: APPLICATION AND ADMINISTRATIONADA CHAPTER 2: SCOPING REQUIREMENTS

PART II: ABA APPLICATION AND SCOPINGABA CHAPTER 1: APPLICATION AND ADMINISTRATIONABA CHAPTER 2: SCOPING REQUIREMENTS

PART III: TECHNICAL CHAPTERSCHAPTER 3: BUILDING BLOCKSCHAPTER 4: ACCESSIBLE ROUTESCHAPTER 5: GENERAL SITE AND BUILDING ELEMENTSCHAPTER 6: PLUMBING ELEMENTS AND FACILITIESCHAPTER 7: COMMUNICATION ELEMENTS AND FEATURESCHAPTER 8: SPECIAL ROOMS, SPACES AND ELEMENTSCHAPTER 9: BUILT-IN ELEMENTSCHAPTER 10: RECREATION FACILITIES

CHAPTER 3: BUILDING BLOCKS

301 General 302 Floor or Ground Surfaces303 Changes in Level304 Turning Space305 Clear Floor or Ground Space306 Knee and Toe Clearance307 Protruding Objects308 Reach Ranges309 Operable Parts

Toe Clearance Requirements

Knee Clearance Requirements

Lowered Side Reach Requirements by 6”

CHAPTER 4: ACCESSIBLE ROUTES

401 General402 Accessible Routes403 Walking Surfaces404 Doors, Doorways, and Gates   405 Ramps     406 Curb Ramps407 Elevators408 Limited Use/ Limited Application Elevators409 Private Residence Elevators410 Platform Lifts

Change in 180-degree Turn

Clear Space at Recessed Doors

Clarification of Consecutive Doors

405.2 Maximum Ramp Slope and Rise for Existing Sites, Buildings, and Facilities

Slope1 Maximum Rise

Steeper than 1:10 but not steeper than 1:8 3 inches (75 mm)

Steeper than 1:12 but not steeper than 1:10 6 inches (150 mm)

A slope steeper than 1:8 is prohibited.

• Advisory 405.7 Landings. Ramps that do not have level landings at changes in direction can create a compound slope that will not meet the requirements of this document. Circular or curved ramps continually change direction. Curvilinear ramps with small radii also can create compound cross slopes and cannot, by their nature, meet the requirements for accessible routes. A level landing is needed at the accessible door to permit maneuvering and simultaneously door operation.

EXTENDED FLOOR or GROUND: Edge Protection

• 410.6 Doors and Gates. Platform lifts shall have low-energy power-operated doors or gates complying with 404.3. Doors shall remain open for 20 seconds minimum. End doors and gates shall provide a clear width 32 inches (815 mm) minimum. Side doors and gates shall provide a clear width 42 inches (1065 mm) minimum.

• EXCEPTION: Platform lifts serving two landings maximum and having doors or gates on opposite sides shall be permitted to have self-closing manual doors or gates.

CHAPTER 5: GENERAL SITE AND BUILDING ELEMENTS

501 General

502 Parking Spaces

503 Passenger Loading Zones

504 Stairways

505 Handrails

Accessible Van Space

Access Path Width

Larger and Different Handrail Shapes Allowed

Advisory 505.4 Height. The requirements for stair and ramp handrails in this document are for adults. When children are the principle users in a building or facility (e.g., elementary schools), a second set of handrails at an appropriate height can assist them and aid in preventing accidents. A maximum height of 28 inches (710 mm) measured to the top of the gripping surface from the ramp surface or stair nosing is recommended for handrails designed for children. Sufficient vertical clearance between upper and lower handrails, 9 inches (230 mm) minimum, should be provided to help prevent entrapment.

CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES

601 General602 Drinking Fountains603 Toilet and Bathing Rooms604 Water Closets and Toilet Compartments605 Urinals606 Lavatories and Sinks607 Bathtubs608 Shower Compartments609 Grab Bars610 Seats611 Washing Machines and Clothes Dryers612 Saunas and Steam Rooms

Flexibility in Plumbing Location

Overlapping Clearance in Residential Modification

Advisory Specifications for Water Closets Serving Children Ages 3 through 12

Ages 3 and 4 Ages 5 through 8 Ages 9 through 12

Water Closet Centerline 12 inches

(305 mm)

12 to 15 inches

(305 to 380 mm)

15 to 18 inches

(380 to 455 mm)

Toilet Seat Height 11 to 12 inches

(280 to 305 mm)

12 to 15 inches

(305 to 380 mm)

15 to 17 inches

(380 to 430 mm)

Grab Bar Height 18 to 20 inches

(455 to 510 mm)

20 to 25 inches

(510 to 635 mm)

25 to 27 inches

(635 to 685 mm)

Dispenser Height 14 inches

(355 mm)

14 to 17 inches

(355 to 430 mm)

17 to 19 inches

(430 to 485 mm)

Specific Designs for Tubs and Showers

Hand Held Shower Heads

607.6 Shower Spray Unit and Water. A shower spray unit with a hose 59 inches (1500 mm) long minimum that can be used both as a fixed-position shower head and as a hand-held shower shall be provided. The shower spray unit shall have an on/off control with a non-positive shut-off. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. Bathtub shower spray units shall deliver water that is 120°F (49°C) maximum.

Appliance Requirements

CHAPTER 7: COMMUNICATION ELEMENTS AND FEATURES

701 General

702 Fire Alarm Systems

703 Signs

704 Telephones

705 Detectable Warnings

706 Assistive Listening Systems

707 Automatic Teller Machines and Fare Machines

708 Two-Way Communication Systems

CHAPTER 8: SPECIAL ROOMS, SPACES, AND ELEMENTS

801 General  802 Wheelchair Spaces, Companion Seats, and

Designated Aisle Seats803 Dressing, Fitting, and Locker Rooms804 Kitchens and Kitchenettes805 Medical Care and Long-Term Care Facilities806 Transient Lodging Guest Rooms807 Holding Cells and Housing Cells808 Courtrooms809 Residential Dwelling Units810 Transportation Facilities811 Storage

Pass Through Kitchens

U-Shaped Kitchens

CHAPTER 9: BUILT-IN ELEMENTS

901 General902 Dining Surfaces and Work Surfaces     903 Benches904 Check-Out Aisles and Sales and Service Counters

CHAPTER 10: RECREATION FACILITIES

1001 General

1002 Amusement Rides

1003 Recreational Boating Facilities

1004 Exercise Machines and Equipment

1005 Fishing Piers and Platforms

1006 Golf Facilities

1007 Miniature Golf Facilities

1008 Play Areas

1009 Swimming Pools, Wading Pools, and Spas

1010 Shooting Facilities with Firing Positions