Alterations, disproportionality, and the 20% rule

Transcription

1 Alterations, disproportionality, and the 20% rule By M. Bradley Gaskins, AIA, CASp and Ellis L. McIntosh Jr., AIA, LEED AP The MCintosh group 1850 South Boulder Avenue Tulsa, OK tmgada.com

2 Companies and organizations make physical changes to their properties often. While doing so they must consider how these changes affect the property s compliance with the Americans with Disabilities Act (ADA) Standards and how the costs to comply fit into the budget. Title III of the Americans with Disabilities Act has requirements when making alterations to a primary function area. When the alterations affect the usability or accessibility of the area, the path of travel must be accessible. Not only must the path of travel be accessible to the primary function area, but it must also be accessible to the restrooms, telephones and drinking fountains. This is unless the cost is disproportionate to the overall cost of the alteration. What exactly does this mean and how should it be implemented? First we need to define some key words. The 2010 Standards 1 defines the following: Primary Function- A primary function is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out. Path of Travel- A path of travel includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility. (A) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements. (B) For the purposes of this section, the term path of travel also includes the restrooms, telephones, and drinking fountains serving the altered area. Alteration - A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility. P. 01

3 Is the change an alteration? Factors to consider in determining whether changes are alterations under the 2010 Standards: The overall cost of the change relative to the size (physical and financial) of the facility or relevant part thereof. Large and expensive changes or significant reconfiguration are alterations. The scope of the change (including what portion of the facility or relevant part thereof was modified). The reason for the change (including whether the goal is maintenance or improvement, and whether it is to change the purpose or function of the facility). Whether the change affects only the facility's surfaces such as painting and floor covering or also structural attachments and fixtures that are part of the facility. Disproportionality Next we look at how disproportionality is defined by Title III: Disproportionality - Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area. This means that if one were to spend $100,000 to alter a primary function area, one would have to spend up to an additional $20,000 towards creating an accessible path of travel to the altered area and the restrooms, telephones, and drinking fountains. Any expenses of creating an accessible path of travel in the alteration of the primary function area in excess of the 20% would be considered disproportionate and therefore not required. P. 02

4 The 20% Rule Ahha. We now have the 20% rule. How must it be implemented? The 20% costs that are included in the expenses of the alteration include all the costs of providing an accessible entrance, an accessible route to the area being altered, making restrooms accessible, providing accessible telephones, and drinking fountains. These expenses also consist of items such as walls, flooring, ceiling, painting, doors, door hardware, moving electrical and/or mechanical systems to work with revised layouts. Accessible elements contained within the spaces such as grab bars, water closets, pipe insulation, and accessible controls are also included in the expenses. Relocating existing items such as grab bars, lavatories, and accessories may also be included. Fundamentally, any expense associated with making the primary function area accessible and the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the primary function area will be considered as part of the 20% costs. This will include costs that would have been associated with the planned alteration. As an example, undertaking an alteration to a facility that has a non-accessible toilet room and as part of this alteration the toilet room is caused to be relocated. All the costs associated with the newly relocated and accessible toilet room would be counted as part of the 20% and not part of the base expenses. The base expenses should only include costs that are planned that in no way increase the accessibility of the primary function area, or to already accessible elements. An example would be relocating the main entry doors. If the existing main entry doors are already accessible then the costs associated with the new doors would be included in the base expenses and not part of the 20%. The chart below provides examples of alteration expenditures and any disproportionate costs associated with the project. Overall, once a determination has been made regarding a modification versus an alteration, using the 20% rule is the standard for which all updates should be made and monitored. Measuring the costs versus disproportionate additional spending is the key regarding the accessibility of a primary function area ADA Standards for Accessible Design. Washington: US Department of Justice, Print. P. 03

5 June 2012 Project Costs Alteration Expenditures General Contractor Costs Total Ceiling & Repair & Total GC ADA Total Non-ADA Non- ADA Construction Owner Supplied Total General Lighting Retro- Maintenance Asbestos Upgrade Const. Cost (F-L- Disproportionate Spending Additional Spending Project Cost (E+F) Equipment Cost Contractor Cost Fit Cost Cost Abatement Cost Subtotal K-J-I) ADA Spending % (Disproportionate) Location 1 $411,724 $121,724 $290,000 $3,400 $27,000 $27,100 $72,000 $232,500 $46,500 31% -$25,500 Location 2 $319,220 $114,220 $205,000 $6,800 $1,000 $8,300 $58,000 $137,700 $27,540 42% -$30,460 Location 3 $426,729 $200,729 $226,000 $2,400 $2,000 $45,000 $49,000 $130,000 $26,000 38% -$23,000 Location 4 $402,547 $86,547 $316,000 $6,500 $1,000 $4,800 $70,000 $240,200 $48,040 29% -$21,960 Location 5 $346,356 $109,356 $237,000 $1,500 $2,000 $0 $54,000 $181,000 $36,200 30% -$17,800 Location 6 $564,000 $134,000 $430,000 $0 $4,000 $23,000 $85,000 $318,000 $63,600 27% -$21,400 Location 7 $383,244 $156,244 $227,000 $2,425 $3,000 $4,300 $45,000 $174,700 $34,940 26% -$10,060 Location 8 $268,090 $99,090 $169,000 $1,000 $0 $0 $30,000 $139,000 $27,800 22% -$2,200 Location 9 $305,225 $108,225 $197,000 $2,700 $44,000 $5,000 $25,000 $123,000 $24,600 20% -$400 Location 10 $312,990 $102,990 $210,000 $13,715 $1,000 $30,000 $27,000 $152,000 $30,400 18% $3,400 Location 11 $323,715 $124,715 $199,000 $17,167 $2,000 $0 $28,000 $169,000 $33,800 17% $5,800 Location 12 $294,904 $115,904 $179,000 $0 $4,000 $0 $26,000 $149,000 $29,800 17% $3,800 Location 13 $417,080 $129,080 $288,000 $1,800 $4,000 $0 $46,000 $238,000 $47,600 19% $1,600 Location 14 $346,437 $109,437 $255,000 $0 $0 $7,800 $38,000 $209,200 $41,840 18% $3,840 Location 15 $438,979 $95,979 $343,000 $0 $38,000 $35,500 $35,000 $234,500 $46,900 15% $11,900 Location 16 $379,450 $133,450 $246,000 $2,370 $40,000 $0 $21,000 $185,000 $37,000 11% $16,000 Location 17 $239,193 $99,193 $140,000 $0 $8,000 $10,000 $3,000 $119,000 $23,800 3% $20,800 Location 18 $464,568 $113,568 $351,000 $3,900 $1,000 $0 $42,000 $308,000 $61,600 14% $19,600 Location 19 $447,160 $159,160 $288,000 $0 $1,000 $14,700 $19,000 $253,300 $50,660 8% $31,660 Location 20 $566,469 $118,469 $448,000 $2,500 $12,000 $15,000 $61,000 $360,000 $72,000 17% $11,000 Location 21 $251,406 $88,406 $163,000 $3,500 $1,000 $0 $6,000 $156,000 $31,200 4% $25,200 Location 22 $393,714 $104,714 $289,000 $3,400 $4,000 $75,000 $62,000 $148,000 $29,600 42% -$32,400 Location 23 $414,422 $211,422 $203,000 $23,100 $56,000 $0 $14,000 $133,000 $26,600 11% $12,600 Location 24 $403,637 $248,637 $155,000 $0 $9,000 $0 $7,000 $139,000 $27,800 5% $20,800 Location 25 $282,696 $179,696 $103,000 $0 $7,000 $0 $1,000 $95,000 $19,000 1% $18,000 Applicable construction costs are GC construction costs les abestos abatement, repair & maintenance work, and facility management ceiling & lighting replacement. No equipment costs of owner supplier material (OSM) is included in the calculation.