Fundamental Building Accessibility Principles in Action: A Case Study

Transcription

1 The ADA National Network Fundamental Building Accessibility Principles in Action: A Case Study Richard Sternadori M.Ed,CRC,CBO,ACTCP With special thanks to Ruth Tofle PhD, Jim Bostrom Alterations And Additions: An Accessibility Case Study Kansas City, MO 1

2 Case Study Overview I. Structures Histories II. Project Scope III. IBC Perspective IV ADA Standards Perspective V. Overlapping the 2010 ADA Standards and the IBC VI. Alterations and Additions VII. Southwest Entry Coinciding Routes: Circulation Path And Accessible Routes VIII.Entrances, Signage and Impact IX. Proposed Architectural Response X. Conclusions AR: Accessible Route CFR: Code of Federal Regulation DOJ: U.S. Department of Justice Terms: IBC: 2009 International Building Code PWD: Person with a Disability Public Entity: A state or local government, agent or instrumentality. Also Known as title II of the ADA 2010 Standards: DOJ 2010 ADA Standards for Accessible Design Kansas City, MO 2

3 Code of Federal Regulations Terms: Program Access 28 CFR (a) of the ADA: A public entity must operate each service, program or activity so that the service program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. Program access allows a Title II entity to find means of delivering their programs, services and activities without necessarily making every building fully accessible Part I: Structure s Histories Kansas City, MO 3

4 History: Four Structures 1922, 1961, 1963, History: Case Study 1922 / 1963 Originally two structures 1963: Addition Joins original buildings Creates pedestrian walkway 2014: Renovation and Additions 2 new entry additions Again, joining the original buildings New pedestrian walkway, elevator Kansas City, MO 4

5 Originally two stand alone structures , 014 sq. feet. Basement + 3 story's 27, 300 sq. feet. Basement + 2 story's History: Original separate structure; built in two phases. Kansas City, MO 5

6 Phase I: 1920 Phase II: 1924 Kansas City, MO 6

7 History: Original 1961 structure was a stand alone building until 1963 History: In 1963 the first addition joined the larger separate structures Kansas City, MO 7

8 History: The first pedestrian walkway connector and court, 1963 History: 2014 N.E. Entry Connector The 2014 addition in filled the front entrance court. Kansas City, MO 8

9 History: The second pedestrian connector The 2014 pedestrian connector was constructed in front of and attached to the original 1963 connector connector History: New SW Entry New connector, N.E. Entrance 1922 Structure 2014 connector 1961 Structure New S.W. addition and new stairs Kansas City, MO 9

10 Access The 2014 connector provided a new elevator to the 1922 portion of the building and just new stairs to the 1963 portion. Intended as an element of a renovation of the older structure only. In essence, the whole of the facility was divided originally and remained divided for purposes of access after the addition and renovation One administrative unit uses this entire facility everyday, including students, faculty, staff and visitors. Access While the new connector and other changes improved access to portions of the structure, it also disregarded the way the building is used. The way the buildings are used involves understanding and applying program access. Kansas City, MO 10

11 Why a second connector? There are unanswered questions about the design program for this second connector. Why this design? ADA Coordinator? Disability Services Coordinators? Was Program Access considered? As a land grant institution, was there an independent plan review and inspection agency? History: New SW Entry New connector, N.E. Entrance 1922 Structure 2014 connector 1961 Structure New S.W. addition and new stairs Kansas City, MO 11

12 Southwest elevation postcard, 1924 Original SW Entry Kansas City, MO 12

13 History: The Third Addition A new S.W. entry enclosure and stairs were added to the 1922 structure as part of the 2014 project History: 2014 New S.W. Entry and Stairs Kansas City, MO 13

14 Part II: Project Scope Scope of the project: $13,000,000. New N.E. Entrance New Stairs 1922 Structure, 33,000 sq. ft. Fully altered interior. New connector and elevator 1963 Connector 1961 structure, 27,000 sq. ft. Altered by new stairs and connector New S.W. addition and new stairs Kansas City, MO 14

15 Fully Altered Except for the envelope, the 1922 structure was entirely gutted and renovated. Not in the Real Estate of the renovation The 1963 structure was not intended To be included in the scope of this project. No interior alterations intended on that side of connector. The 2010 Standards definition of alteration becomes critical. Kansas City, MO 15

16 Alterations to 1961 structure were the replacement of stairs and addition of the new connector. New elevator and replaced, reconfigured stairs New entrance and connector The stairs are removed and replaced as new, and turned 90 degrees Kansas City, MO 16

17 1961 Structure: Altered? Does the addition of the new entry and replacement of the stairs constitute an alteration? Depends on IBC or ADA Standards perspectives. No interior alterations this side of the firewalls Consider the impact under program access. ADA Standards & IBC 202 Definitions: Alteration 2010 ADA Standards: A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. IBC: ALTERATION. Any construction or renovation to an existing structure other than repair or addition. There are two competing perspectives for the attention of the designers and project managers to balance Kansas City, MO 17

18 Program Access One administrative unit uses this entire facility everyday. Students, faculty, staff and visitors travel both vertically and horizontally on both sides of the firewalls and new connector in all possible directions. The potential exists for the needs of the users to cover the entire footprint and envelope in their daily uses and activities Structure: Altered? 2010 ADA Standards: A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. No intended alterations this side of the firewalls Consider the impact under program access. Kansas City, MO 18

19 Public Entity Title II: Program Access State and local governments are required to operate their programs so that, when viewed in their entirety, they are readily accessible to and usable by individuals with disabilities. Public Entity Title II: Program Access Need not remove physical barriers, such as stairs, in all existing buildings, as long as they make their programs accessible to individuals who are unable to use an inaccessible existing facility. Permitted alternative methods, if physical barriers are not removed: Relocating a service to an accessible facility, e.g., moving a public information office from the third floor to the first floor of a building. Providing an aide or personal assistant to enable an individual with a disability to obtain the service. Providing benefits or services at an individual's home, or at an alternative accessible site. Kansas City, MO 19

20 What is Usable? Usable by PWD 1. Capable of being used 2. Convenient and practicable for use Q: Is a 48 by 48 transfer shower an Equivalent Facilitation under section 103? Program Access: Case Study on Pools Given: A community has an Aquatics Program with 10 separate pools spread around the city. Each location has different and multiple amenities; kiddy pools, some have locker rooms, some have food services, some have accessible entry. Q: Is this Title II Entity required to make each pool fully accessible? Kansas City, MO 20

21 A: Depends on Geographic separateness and dispersion of the pools Integrating the swimming programs and settings The end user s means of participation in the programs( Families, youth groups, classes, etc) Program choices at each facility. Facility (Pools only) access at each location. Complaints or other publicly presented accessibility concerns. Public transportation to the various locations. A: Depends on If all the elements, services, programs, amenities, furnishings can be moved, consolidated, added or offered in one or more pools and they are not significantly widely dispersed geographically those selected pools may satisfy the DOJ for the aquatics program as accessible and usable. Lockers/restrooms showers/genders Vending/refreshments/dining Overall facilities/counters Shade structures, gazebos Operational season dates Tables, chairs, umbrellas Slides or amusements Dog swimming/filters Diving /water depth Operational hours Children's pools Swim lessons Kansas City, MO 21

22 Part III IBC Perspectives Separate Buildings Firewalls The first questions being asked was how many building actually exist in this project? Firewalls: The term firewalls and associated application principles do not exist in the 2010 Standards. IBC section 1007 for Accessible Means of Egress (AMOE) is referenced, and may have impact for AMOE only. The separation of structures is not a criteria for design decisions in the 2010 Standards. The IBC provides design and application criteria for Firewalls The IBC provides methods for calculating area and height in Section 503 Limit building height and area by classifying materials, fire ratings and the occupancy. * 503 calculations were not provided on this project, except on one Plan Note. Kansas City, MO 22

23 IBC and : Height And Area Calculations Calculating height and area in Section 503 GENERAL BUILDING HEIGHT AND AREA LIMITATIONS General. The building height and area shall not exceed the limits specified in Table 503 based on the type of construction as determined by Section 602 and the occupancies as determined by Section IBC Chapter 34: Existing Buildings Additions: IBC and 503.1: Height And Area Calculations IBC Chapter 34: Existing Buildings IBC General. Additions to any building or structure shall comply with the requirements of this code for new construction. Alterations to the existing building or structure shall be made to ensure that the existing building or structure together with the addition are no less conforming with the provisions of this code than the existing building or structure was prior to the addition. An existing building together with its additions shall comply with the height and area provisions of Chapter 5. Application of table 503 and the associated calculations are required Kansas City, MO 23

24 IBC 503.1: Height And Area Calculations Height Square footage Type of construction materials and their fire characteristics Use and occupancy groups Fire wall or distance from other structures Fully sprinklered/no sprinklers Frontage IBC 503.1: Height And Area Calculations Kansas City, MO 24

25 IBC 503.1: Height And Area calculations include frontages and/or separations IBC 702: Calculating height and area FIRE SEPARATION DISTANCE. The distance measured from the building face to one of the following: 1. The closest interior lot line; 2. To the centerline of a street, an alley or public way; or 3. To an imaginary line between two buildings on the property. The distance shall be measured at right angles from the face of the wall. Kansas City, MO 25

26 ADA Standards & IBC 1102 Definitions: Site 2010 ADA Standards: A parcel of land bounded by a property line or a designated portion of a public right of way. IBC. A parcel of land bounded by a lot line or a designated portion of a public right of way. IBC 503.1: Height And Area Calculations Calculations were not provided on this project, other than the minimums for Type III B from the table. Mixed uses were not calculated. Childhood development lab in basement. Otherwise assumed use group B. Kansas City, MO 26

27 Firewalls: IBC IBC 503 height and area calculations are necessary and required. Two hour firewalls around new stairs Three hours to separate the structures Separate the original two structures from the two pedestrian connectors Stairwell firewall extends 10 beyond inside corner, to protect adjacent construction per IBC Three hours Two hours around stairs, extends 10 Suppositions Firewalls appear to be placed and rated properly to the Code Plan Notes. Height and area of the 1922 structure appears compliant for a B occupancy, but no calculations for yards or sprinklers were provided beyond table 503. A childhood development lab was not identified for mixed use, and affects the 503 calculations. Designers and project managers presumed that firewalls and separate structure provisions in the IBC exempt or negate issues of access. Both the IBC and ADA Standards have definitions and accessible considerations for facilities ; this principle appears to have been applied more from the IBC standpoint. Kansas City, MO 27

28 Part IV 2010 ADA Standards Perspective Program Access Facilities Alterations Terms: Program Access Code of Federal Regulations (CFR) term 28 CFR (a) of the ADA: A public entity must operate each service, program or activity so that the service program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. Program access allows a Title II entity to find means of delivering their programs, services and activities without necessarily making every building fully accessible Kansas City, MO 28

29 Program Access One administrative unit uses this entire facility everyday. Students, faculty, staff and visitors travel both vertically and horizontally on both sides of the firewalls and new connector in all possible directions. The potential exists for the needs of the users to cover the entire footprint and envelope in their daily uses and activities. In order to meet program access: 1. All services, programs and activities must be accessible and usable 2. If the 1961 structure is not, then all the non redundant services, programs and activities need to be relocated into the other side of the firewalls toward the 1922 structure. Kansas City, MO 29

30 Prioritization Factors 1. Interaction with other facilities, programs, activities using Program Access to inform expansion, remodeling, etc. 2. How does a project intersect with the plan in the past and future? 3. Where are the users? 4. Use frequency 5. Safety Concerns 6. Cost Efficiency Under the ADA this is a single facility connector Kansas City, MO 30

31 ADA: Alterations affecting existing structures 1. Portions were existing and not altered under the IBC. 2. Expanding the scope of the project includes: 3. Principle of dis proportionality and 20% rule in IBC and 2010 Standards 4. The key in this case is that the usability and accessibility of the existing section of this single facility is altered under the 2010 Standards definition. Part V Overlapping the 2010 ADA Standards and the IBC Kansas City, MO 31

32 Four Structures. One Facility 2014 Connector Connector A facility under the 2010 Standards May be at a micro level such as a toilet partition May be at a macro level such as this set of structures ADA Standards : All or any portion of buildings, structures, site improvements, elements and pedestrian routes or vehicular ways located on a site IBC 1102 All or any portion of buildings, structures, site improvements, elements and pedestrian routes or vehicular ways located on a site Kansas City, MO 32

33 A facility under the ADA ADA, Code of Federal Regulations Part 28, : Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located. Four Structures. One Facility A facility may exist regardless of any determinations for firewalls or separate buildings. None of the three definitions of facility take into account the type of construction, height and area or the occupancy/use groups. This case intensifies the decision to call this a facility: Both original structures and the connectors are used by the administrative unit of several departments. A continual daily flow occurs between all the structures and floors. Given the various services, personnel, duties and divisions of the administrative unit, users are compelled to move throughout the entire facility as a necessary function of the everyday use. Kansas City, MO 33

34 2010 SAD: Accessible routes within a facility ADA Standards Spaces and Elements. At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility which are otherwise connected by a circulation path... Even if four different buildings, under the 2010 Standards this is a facility and contains accessible elements, areas, etc. An internal accessible route that coincides with the general path and that is both vertical and horizontal is required. Generally this is intended for new construction IBC : Connected spaces Connected spaces. When a building or portion of a building is required to be accessible, an accessible route shall be provided to each portion of the building, to accessible building entrances connecting accessible pedestrian walkways and the public way. Facilities are not mentioned here, but just when connecting elements, buildings and spaces within a site. Kansas City, MO 34

35 Space and element access Under the 2010 Standards, the entire facility is viewed as a whole, with accessible routes connecting all spaces, rooms and elements that were new or altered. In new construction those routes must coincide with the general circulation paths used by everyone. Differentiating Firewalls do not inform accessibility in the 2010 SAD Separation of structures is not a criteria for other design decisions in the 2010 SAD: Accessible Routes Paths of Travel Alterations of Primary Function Areas Disproportionality or 20% rule Kansas City, MO 35

36 Unanswered Questions Is this one, two three or four buildings under the IBC? Are the additions and existing structures within the allowable height and area? Is this one site? Do the answers to these IBC questions inform the ADA? Unanswered Assumptions Defined as separate structures, not as a facility. Basic calculations of the height and area requirements from IBC 503. Appearance that issues of accessible routes, continuity, vertical access and the 20% disproportionality rule and accessible entrance ratio did not apply, by dividing the facility into separate structures. Kansas City, MO 36

37 Part VI Alterations and Additions ADA Standards & IBC 202 Definitions: Alteration 2010 SAD: A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. IBC: ALTERATION. Any construction or renovation to an existing structure other than repair or addition. Kansas City, MO 37

38 Two new additions and alterations New Entrance New Stairs Fully altered interior. New connector and elevator 1963 Connector Altered by new stairs new connector and entrance New SW entry enclosure addition and new stairs Joining the 1922 and 1961 buildings Kansas City, MO 38

39 Connected and Separate Stairs to 1961 side only. Floor elevation differences. Elevator to 1922 side only. The two buildings have floor elevation differences that were not accommodated in the new entrance or connector. Kansas City, MO 39

40 New Entrance, Stairs 1961 Structure Alterations affecting an area of primary function The 1961 structure had no internal alterations. But the addition of the new pedestrian connector and stairs was to a facility. Kansas City, MO 40

41 Alterations of an area of primary function: IBC and SAD Alterations: Path of travel.(a) General. (1) An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. Exceptions: 1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function... Alterations of an area of primary function: IBC IBC Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities or drinking fountains serving the area of primary function. Kansas City, MO 41

42 A Closer Reading 2010 ADA Standards An alteration that affects or could affect the usability of or access to an area of a facility... Usability of... Facility, not building, rooms or space IBC Where an alteration affects the accessibility to, or contains an area of primary function The 1961 structure had no internal alterations. But the addition of the new pedestrian connector and stairs affects the usability and access to the facility and the 1961 structure. Alterations to 1961 structure: Replacement of stairs and addition of the new connector. Elevator does not serve 1961 structure elevator New connector Kansas City, MO 42

43 After entering, turning right leads to elevator serving only the 1922 building on right After entering, turning left leads to replaced stairs serving only the 1961 structure on left 1961 structure, new entry and stairs Kansas City, MO 43

44 New rules for new construction: Coinciding Routes ADA Standards Location. Accessible routes shall coincide with or be located in the same area as general circulation paths. Where circulation paths are interior, required accessible routes shall also be interior. A general circulation path is defined in the ADA Standards as: Circulation Path. An exterior or interior way of passage provided for pedestrian travel, including but not limited to, walks, hallways, courtyards, elevators, platform lifts, ramps, stairways, and landing. Coinciding Routes The 2010 ADA Standards does not provide: Exceptions for firewalls Exceptions for separate buildings The means or criteria to determine separation The criteria for determining height and areas, as in IBC 503. Kansas City, MO 44

45 Persons with Mobility Disabilities: Horizontal Circulation. Nine separate stages to access 1. Main entrance 2. Go right 3. Up elevator to first floor 4. Go left 5. Turn left again 6. Up inaccessible ramp 7. Travel entire corridor to east end 8. Up elevator to second floor 9. Travel the entire corridor to the west end of second floor. Able Bodied Users: 4 Separate Stages to access 1. Main entrance 2. Go Left 3. Go upstairs 4. Travel the corridor. Kansas City, MO 45

46 1. Coinciding Routes: 2. Alterations of an area of primary function: IBC and SAD If the path of travel to the area that is altered passes through separate buildings, the ADA Standards and IBC still apply and that path must be altered. Alterations Path of Travel 20% of alteration to primary function area Includes route and Restrooms Telephones Drinking fountains Kansas City, MO 46

47 Alterations Primary Function Area Examples of areas included: employee work areas, public areas, lobbies, etc. Examples of areas not included: Mechanical, boiler, or supply rooms Employee lounges or locker rooms Entrances or corridors Restrooms Path of Travel Safe Harbor If a covered entity has constructed or altered required elements of a path of travel in compliance with the applicable Standards (1991 or UFAS), before March 15, 2012, they are not required to retrofit such elements to reflect incremental changes in the 2010 Standards, just because they alter a primary function area served by the path of travel. Kansas City, MO 47

48 Priorities for Barrier Removal (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) When possible, additional accessible elements such as parking, storage, and alarms. Path of Travel to the altered primary function area Non-complaint ramps were not altered Firewalls Ramps formed path of travel from entrance Incorrectly factored separate buildings and firewalls Calculations for the 20% disproportionality should have been included Kansas City, MO 48

49 Path of Travel to the altered primary function area ramp Horizontal Circulation: The new NE accessible entrance does not provide direct access to the main floor, lobby, or elevator. Turn right from entry, go left, go right up 4 stairs (or take elevator to go up grade level to 1 st floor 1922 Structure), turn left, turn left again, and go up long steep, non accessible ramp to 1 st floor 1963 structure Kansas City, MO 49

50 The accessible entrance does not provide direct access to the main floor, lobby, or elevator. There is no accessible East entrance, utilizing the ramp No level landing at top or bottom. Fire doors at each end of ramps Kansas City, MO 50

51 No level landing at top or bottom. 29 door opening Kansas City, MO 51

52 1922 structure, N.E. entry, turning right Turning right, toward two elevator entrances and short flight of stairs Kansas City, MO 52

53 Elevators only serve the 1922 structure Turning right, toward two elevator entrances and short flight of stairs Kansas City, MO 53

54 2010 ADA Standards : Prohibited Reduction in Access Prohibited Reduction in Access. An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited. Name, age, firewalls are negligible. gg ramp Name, age, firewalls are negligible. gg Part VII Southwest Entry Coinciding Routes: General Circulation Path And Accessible Routes Kansas City, MO 54

55 Coinciding Routes; New S.W. Entry Coinciding Routes: Case Study; vertical access ADA Standards Stairs and Escalators in Existing Buildings. In alterations and additions, where an escalator or stair is provided where none existed previously and major structural modifications are necessary for the installation, an accessible route shall be provided between the levels served by the escalator or stair unless exempted by Exceptions 1 through 7. IBC Stairs and escalators in existing buildings. In alterations, change of occupancy or additions where an escalator or stair is added where none existed previously and major structural modifications are necessary for installation, an accessible route shall be provided between the levels served by the...stairs in accordance with Sections and Kansas City, MO 55

56 Coinciding Routes: Vertical access New entry with stairs added where none existed. Vertical accessible route required in same space or area. Persons with mobility disabilities must take alternate route New stairs, no accessible route Kansas City, MO 56

57 Discrimination in Design Two choices; up or down. No signage at entry, on website or maps. Kansas City, MO 57

58 Location This is an example from a separate project where the general circulation path and the accessible route are situated in the same room, space or area. The ADA National Network Part VIII Miscellaneous Concerns Entrances, Signage and Impact Kansas City, MO 58

59 ADA Standards and IBC: Public Entrances ADA Standards Public Entrances. In addition to entrances required by through , at least 60 percent of all public entrances shall comply with 404. IBC Public entrances. In addition to accessible entrances required by Sections through , at least 60 percent of all public entrances shall be accessible. ADA Standards and IBC: Public Entrances These provisions are intended for new construction. Applying them to existing buildings brings into question program access or barrier removal, and how facilities are affected when joined and new additions are constructed. The two additions on this facility both do not have accessible entrances serving the whole facility. Kansas City, MO 59

60 Two entrances accessible only to each respective half of the facility Accessible entrances are less than 60% of the entire facility and less than 60% of each main structure Entrances and Accessible Signage None of the entrances provide coinciding accessible routes in and throughout the facility, or between the two connected main structures. Persons with mobility impairments have to return outside and find another entrance or follow a convoluted route inside. In either case, the routes do not coincide with the general circulation path. Kansas City, MO 60

61 1922 structure. Two new entry additions, one existing. Only one accessible Existing New 1922 structure New, but accessible only to 1922 side of facility Both are not accessible Only one accessible entrance out of three. The 1922 structure was gutted and alteredonall3stories,exceptfor the envelope. Under both the IBC and SAD, 60% of public entrances should be accessible. Presently, only 33% are accessible. Kansas City, MO 61

62 Entrances appear accessible; but lead to stairs and ramps. Directional signage is required but was not provided. Signage placement Directional signage is critical to prevent persons from retracing steps Being compelled around large city blocks, looking for the right entrance. Being compelled to use non complaint ramps. Being compelled to get back into a vehicle Being separated from traveling companions Being forced into snow and ice and questionable and usually unmarked accessible routes Kansas City, MO 62

63 Impact Persons who use wheelchairs may have chronic shoulder injuries and serious medical complications. Not Wheelchair Bound Multiple transfers daily in and out of vehicles, beds, bathrooms and other seats. This project presents multiple complications. Part IX Proposed Architectural Response Kansas City, MO 63

64 Proposed Resolution Option A First Floor Plan Proposed Resolution Option A Basement and Second Floor Plans Kansas City, MO 64

65 Option B First Floor Plan Option B Basement and Second Floor Plan Kansas City, MO 65

66 Part X Conclusions Decisions Project owner/manager stated that the firewalls allowed the non accessible design in the 1961 side of the facility. This prevented the owners from seeing this whole set of four buildings as a Facility a key finding. Assumed that issues of accessible routes, continuity, vertical access and the 20% disproportionality rule and accessible entrance ratio did not apply, by dividing the facility into separate structures. Key decision maker stated that the area beyond the firewall that was the 1963 portion of the facility...had no real estate... in the project or budget. Kansas City, MO 66

67 Taken together the buildings comprise a facility, and are viewed as such by both regulatory documents for purposes of access. Conclusions Ignore building names, dates and ages for access. Ignore firewalls when considering access. Conclusions 1922 structure The new entry addition and elevator provides adequate access to the 1922 side of the facility. But the 1961 and 1963 portions of the facility were passed over for access. Inadequate ratio of new entrances for facility and/or structures Kansas City, MO 67

68 Conclusions The addition of the S.W. entry and stair enclosure discriminates by not including an accessible route in the same area or space as the general circulation path. Conclusions Project scope was constrained by the intended limits. Project managers have a focus to get the project going as smoothly as possible. Including PWD, ADA Coordinators or SSD offices could have been informative. No use of the existing Self Evaluation or Transition Plan Program Access was not considered The scope was informed and enlarged by the effect the additions and alterations have on usability and accessibility; but this was not accommodated. Kansas City, MO 68

69 ADA Coordinators Title II All State and Local Governments, Their Agents and Instrumentalities Designate an ADA Coordinator Public entities with 50 or more employees are required to designate an employee to coordinate ADA compliance activities usually called the ADA Coordinator. The ADA Coordinator s Role includes: Planning and coordinating overall compliance efforts Ensuring that the five action steps are achieved Receiving and investigating grievances on programs, services, practices, and employment. ADA Coordinators must have the authority, knowledge and motivation to implement the regulations effectively. Kansas City, MO 69

70 ADA provides 3 methods of enforcement 1. File a lawsuit 2. File a complaint with a designated federal enforcement agency 3. File a complaint under the public entity's grievance procedure Design, Human Resources and ADA Coordinators If the project client is a Title II Entity State or local government, school, etc and; They employ more than 50 FTE, they are required to have an ADA Coordinator Title III Entities also may have an ADA coordinator, but they are not mandatory. Kansas City, MO 70

71 Conclusions The self evaluation, transition plan and ADA Coordinator were not involved in any decision making process informing the plans for this project. PWD and local disability agencies were not involved in any of the decision making process informing the plans for this project. Diversity, ethics, and standards are the very fabric and products of colleges and Universities, yet they were absent from the planning and construction process. Conclusions Historic federal and statutory acts have given Land Grant colleges and universities autonomy across the US Settlement agreements with DOJ and the Office of Civil Rights (OCR) are prevalent from campus origins Accessible design and compulsory continuing education is not standardized. Designers choose which educational programs they attend no minimum accessibility CEU s from AIA or NCIDQ after graduation. Kansas City, MO 71

72 Conclusions: Overarching ADA Regulations CFR 28 Part and 28 CFR both prohibit discrimination beyond the 2010 Standards limits: Part General. (a) Prohibition of discrimination. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation. Conclusions: Overarching ADA Regulations Part 28 CFR No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. Kansas City, MO 72

73 The Justice Department Perspective Take Home Message The DOJ is interested in enforcing the entire ADA law and any events of discrimination that may be associated with design, regardless of whether the infractions are in the 2010 Standards or Guidelines. If the Standards are silent on a topic, does discrimination still occur? Yes. Title II CFR, Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (as amended by the final rule published on September 15, 2010) Title III CFR Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the final rule published on September 15, 2010) Kansas City, MO 73

74 Example: Point of Sale Devices; not specified in the 2010 Standards Touch screen displays that customers must use to key in their personal identification numbers (PIN) when making a debit or credit card transaction. DOJ: Statement of Interest absence of specific technical standards or regulatory provisions that directly address a public accommodations obligation to provide accessible POS devices in no way establishes that the accessibility of POS devices is outside the scope of title III, especially where current regulations incorporate specific obligations for effective communication. Kansas City, MO 74

75 Example: Furnishings, tables and chairs that are not Built In Elements ; not specified in the 2010 Standards All furnishings and interior appurtenances that are not Built In Elements as identified in Chapter 9 are nonethe less subject to nondiscrimination under CFR s and Conclusions PWD have 180 days from the event of their personal discrimination to file with the DOJ. The event of discrimination could occur tomorrow or 10 years from now. The opportunity for legal remedy persists as long as the infrastructure presents opportunity for discrimination. Kansas City, MO 75

76 The ADA National Network Fundamental Building Accessibility Principles in Action: A Case Study Richard Sternadori M.Ed,CRC,CBO,ACTCP With special thanks to Ruth Tofle PhD, Jim Bostrom Kansas City, MO 76