TBR Remediation Efforts

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TBR Remediation Efforts

• PART ONE

2
Guide for Public Universities and Collegesfor
spending grants and funding allocated for
Compliance with Title l, II and III 2010 Standard
(ADA ABA)
3
HISTORY

• GRANTS HAVE BEEN GIVEN TO THE STATES OVER THE
  YEARS SPECIFICALLY ALLOCATED FOR BRINGING SCHOOLS
  INTO COMPLIANCE WITH THE FEDERAL ADAAG

4

• 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

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• 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

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• FOCUS
• WILL BE ON MAIN CAMPUSES

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• AUDIT REPORTS TO GIVE FACILITIES PERSONNEL A GAME
  PLAN FOR SPENDING THE ALLOCATED GRANT MONIES.

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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

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NO FUNDS?No remediation!

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

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• QUESTIONS
• ??????

11

• Current Section of ADAAG
• that govern
• State Universities
• and Colleges

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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

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• Title I
• Employees Staff
• Title II
• Program Accessibility
• Title III
• Public Accomodations

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Title IEmployees Staff

• Staff offices
• Staff work areas
• Staff lounges
• Staff area toilets
• Coaches locker rooms

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Title IIProgram Accessibility

• Primary Function
• Classrooms
• Labs
• Art Rooms
• Music Rooms
• Locker Rooms
• Support
• Registration office
• Student Center
• Computer Labs

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Title IIIPublic Accommodation

• Campus Theatres
• Sports Facilities
• Libraries
• (when open to public)
• Planetarium
• Walking Trails

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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.

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• Facilities built or altered according to earlier
  versions of the ADA or ABA standards will not
  necessarily have to meet the updated version,
  except where they are subsequently altered or
  renovated.

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• . The Department of Justice, which regulates
  requirements for existing facilities under the
  ADA, intends to address coverage of facilities
  built or altered according to the original ADA
  standards in its rulemaking to update the
  standards. It will also address facilities
  retrofitted under ADA provisions for existing
  facilities, such as the requirement for barrier
  removal in places of public accommodation.

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• 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.

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• FACTOID
• SCHOOLS DONT HAVE TO BRING THEIR BUILDINGS INTO
  ADA COMPLIANCE,
• THEY JUST CANT OFFER PROGRAMS THAT ENROLL HC
  STUDENTS THERE.

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Contradictory Rules?
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Reasonable Accomodation

• Alternative Method Option ADAAG gives to colleges
  and universities under
• Title II.

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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

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Main Issue with Current Campuses
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• PREVIOUS REMEDIATION EFFORTS WERE DONE UNDER
  SCOPING FOR 28 CFR PART 36 AND NOT TITLE ll
• WHICH USES 28 CFR 35

29
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.

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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).

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• 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.

32

• 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.

33

• 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.

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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

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• QUESTIONS
• ??????

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PART TWO

• Campus Accessibility Guide

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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

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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

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Steps Toward a Smart Remediation Plan

• Physical Site Audit
• Buildings built before 1991
• Buildings built 1991 to 2009

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First priority, to make campusProgram Accessible

• Physical Site

• Arrival Points
• Bus Stops
• HC Parking
• Passenger Loading Zone
• Accessible paths from arrival points to HC
  building entrances.
• Connector paths between buildings

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WAY FINDER MAPS
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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

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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

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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

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Alterations/Additions

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

48
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.

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• QUESTIONS
• ??????

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PART THREE

• Current LAW
• And
• 2010 Standard

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Currently TBR UsesIBC 2006/ANSI 2003 AND 1991
ADAAG WHEN MORE STRINGENT

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2010 STANDARD
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• 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.

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GUIDELINES BACKGROUND

• Americans with Disabilities Act (ADA) 1990
• The Architectural Barriers Act (ABA) 1968

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• Architectural
• Barriers Act
• 1968

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2010 Standard

• Combines both ADA and ABA scoping into one code
  book with a technical requirements section
  referenced by both.

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• 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

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U.S. ACCESS BOARD

• An independent Federal Agency
• Developed and Updated the new 2010 Standard

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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

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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.

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• 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.

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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

65

• TBR WILL BE PROVIDING MORE INFO ON CODE CHANGES
  AND EFFECTIVE DATES BOTH ON ITS WEB SITE AND AT
  THE 2011 FACILITIES COORDINATOR MEETING

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• QUESTIONS
• ??????

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END
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2004 Changes toADA-ABA Accessibility
GuidelinesAlberto Garcia-PazLexander Reina
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U.S. ACCESS BOARD

• An independent Federal Agency
• Develops
• Updates
• accessibility guidelines for new or altered
  facilities covered by ADA, ABA, in both public
  and private sectors.

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GUIDELINES BACKGROUND

• Americans with Disabilities Act (ADA) 1990
• The Architectural Barriers Act (ABA) 1968

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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.

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When will the new guidelines take effect?

• The Boards 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 Boards 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.

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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

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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 childrens 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.

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Layout of Document

• CONTENTS
• PART I ADA APPLICATION AND SCOPING
• ADA CHAPTER 1 APPLICATION AND ADMINISTRATION
• ADA CHAPTER 2 SCOPING REQUIREMENTS
• PART II ABA APPLICATION AND SCOPING
• ABA CHAPTER 1 APPLICATION AND ADMINISTRATION
• ABA CHAPTER 2 SCOPING REQUIREMENTS
• PART III TECHNICAL CHAPTERS
• CHAPTER 3 BUILDING BLOCKS
• CHAPTER 4 ACCESSIBLE ROUTES
• CHAPTER 5 GENERAL SITE AND BUILDING ELEMENTS
• CHAPTER 6 PLUMBING ELEMENTS AND FACILITIES
• CHAPTER 7 COMMUNICATION ELEMENTS AND FEATURES
• CHAPTER 8 SPECIAL ROOMS, SPACES AND ELEMENTS
• CHAPTER 9 BUILT-IN ELEMENTS

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CHAPTER 3 BUILDING BLOCKS 301 General 302
Floor or Ground Surfaces 303 Changes in Level 304
Turning Space 305 Clear Floor or Ground Space 306
Knee and Toe Clearance 307 Protruding Objects 308
Reach Ranges 309 Operable Parts
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Toe Clearance Requirements
81
Knee Clearance Requirements
82
Lowered Side Reach Requirements by 6
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• CHAPTER 4 ACCESSIBLE ROUTES
• 401 General
• 402 Accessible Routes
• 403 Walking Surfaces
• 404 Doors, Doorways, and Gates  
• 405 Ramps    
• 406 Curb Ramps
• 407 Elevators
• 408 Limited Use/ Limited Application Elevators
• 409 Private Residence Elevators
• 410 Platform Lifts

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Change in 180-degree Turn
85
Clear Space at Recessed Doors
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Clarification of Consecutive Doors
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• 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.

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EXTENDED FLOOR or GROUND Edge Protection
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• 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.

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• CHAPTER 5 GENERAL SITE AND BUILDING ELEMENTS
• 501 General
• 502 Parking Spaces
• 503 Passenger Loading Zones
• 504 Stairways
• 505 Handrails

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Accessible Van Space
93
Access Path Width
94
Larger and Different Handrail Shapes Allowed
95

• 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.

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• CHAPTER 6 PLUMBING ELEMENTS AND FACILITIES
• 601 General
• 602 Drinking Fountains
• 603 Toilet and Bathing Rooms
• 604 Water Closets and Toilet Compartments
• 605 Urinals
• 606 Lavatories and Sinks
• 607 Bathtubs
• 608 Shower Compartments
• 609 Grab Bars
• 610 Seats
• 611 Washing Machines and Clothes Dryers
• 612 Saunas and Steam Rooms

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Flexibility in Plumbing Location
98
Overlapping Clearance in Residential Modification
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Specific Designs for Tubs and Showers
101
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 120F (49C) maximum.

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Appliance Requirements
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• 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

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• CHAPTER 8 SPECIAL ROOMS, SPACES, AND ELEMENTS
• 801 General 
• 802 Wheelchair Spaces, Companion Seats, and
  Designated Aisle Seats
• 803 Dressing, Fitting, and Locker Rooms
• 804 Kitchens and Kitchenettes
• 805 Medical Care and Long-Term Care Facilities
• 806 Transient Lodging Guest Rooms
• 807 Holding Cells and Housing Cells
• 808 Courtrooms
• 809 Residential Dwelling Units
• 810 Transportation Facilities
• 811 Storage

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Pass Through Kitchens
106
U-Shaped Kitchens
107
CHAPTER 9 BUILT-IN ELEMENTS 901 General 902
Dining Surfaces and Work Surfaces     903
Benches 904 Check-Out Aisles and Sales and
Service Counters
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• 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