Is your building up to code?

ADA / TAS regulations translate into build code requirements in all Texas localities. Beyond the obvious designated parking set asides, builders are now required to provide wheelchair access to buildings, floors, and restrooms. Access to building doors also comes into play in most office situations.

At Advanced Concrete Solutions, we have a team of specialists who stay on top of the latest requirements. We understand what is required and how to engineer those requirements in your existing building or new construction. Why not make us a part of your team when you start your next building construction or modification project?

The long-awaited, highly anticipated revisions to the federal accessibility design guidelines, last revised in 2004, may finally be moving toward closure. Businesses will be faced with the task of interpreting the information contained in the updated law to determine how the revised standards should be applied to new and existing facilities. Simply taking the time to read the guidelines would be sufficient; however, interpreting the breadth of the expanded regulations and the clarifications for existing regulations is a more significant task.

In the summer of 2008, the U.S. Department of Justice (DOJ) issued the notice of proposed rulemaking, asking for public comment on the 2004 ADA standards. The DOJ has since considered the public’s input; the Final Rule specifying the implementation date and adopted modifications will be unveiled once the Obama administration addresses the pending legislation.

Business/building owners, designers, contractors, and building officials, however, should become familiar with the proposed changes well in advance of that time, as the changes in the law for existing commercial facilities and public accommodations, as well as alterations to existing facilities and new construction projects, could be substantial. As a result, both small and large business owners across the board will need to address financial and legal considerations in preparation for the newly imposed ruling that will inherently be fraught with confusion relevant to the transition and application of the current and new law.

Parking-Lot Modifications

The size of accessible parking spaces and access aisles isn't proposed to change with these modifications to the ADA laws; however, the number of van-accessible spaces increases with the new standard, and there is a change in the shared-access aisle regulation. In some cases, the proposed law would require a dedicated (vs. shared) access aisle.

Van-accessible parking spaces are required to be a minimum of 8-feet wide, with an 8-foot access aisle; standard accessible parking spaces must be at least 8-feet wide with a 5-foot access aisle. The universal design allows all accessible parking spaces to be used as van spaces if designed with an 11-foot width and a 
5-foot access aisle. Some states, such as Florida, exceed the universal design and require a 12-foot-wide accessible stall with a 5-foot access aisle. The federal provision for the number of van-accessible spaces is currently one van-accessible space for every eight accessible spaces. This provision is increasing to require one van-accessible parking space for every six accessible spaces, though both require a minimum of one van-accessible space.

Also, while current and proposed regulations allow access aisles for accessible parking spaces to be shared, the proposed law specifies an exception for angled parking, requiring the access aisle to be located on the vehicle’s passenger side. Where owners, developers, and property managers are seeking to control traffic flow by incorporating angled parking, additional space in the parking field will be required.

For shopping-center developers, this requirement will also impact the size of outparcels designated for quick-service restaurants (QSRs). Because many QSRs have drive-thrus, there’s a need to incorporate one-way traffic flow on-site, resulting in angled parking. The federally proposed mandate proposes that each accessible space have its own access aisle. Given the need to connect an accessible route to the public way and have at least one additional access aisle, up to two parking spaces are absorbed. This increases the challenge of fitting all the zoning requirements, such as minimum parking, minimum open space, and landscaping requirements on a small outparcel. This may result in the need to carve out slightly larger outparcels to comply with all the regulations.

Safe Harbor Provision The DOJ is considering incorporating a “safe harbor” provision, offering protection to businesses that have demonstrated a willingness to comply with the ADA law as it was previously written. This provision would grandfather in accessible elements in spite of the fact that the prior designs or upgrades would fall into noncompliance based on the new provisions. For example, a current regulation for people who require wheelchairs or who are of short stature establishes a maximum side reach of 54 inches – the new law reduces the maximum reach to 48 inches. This doesn’t consider the scenario where the height of the light switch last established at 54 inches might have to be lowered to 48 inches to conform to the new guidelines. In this case, if the safe harbor provision is approved, companies with vigilance regarding compliance would be allowed to maintain the height of 54 inches.

The safe harbor provision, however, isn’t without controversy; the DOJ is considering the opposition’s position in making a final determination on the proposed ruling. Unfortunately, if the provision isn’t implemented, that would mean bad news for businesses that have lived by the law in the past – they would be forced to repeat upgrades at a big expense.

Proposed Regulations

There are certainly components of the proposed regulations that will have greater impact on commercial facilities and public accommodations in comparison to the current law. The new standards – affecting all businesses – address common areas, such as toilet rooms, reach ranges, circulation routes, and drinking 
fountains, with the maximum side reach regulation being one example.

It’s anticipated that toilet rooms will need to be larger. Currently required to accommodate a 60-inch turn area, the proposed standard will require that the lavatory be positioned outside the minimum 60-inch-wide clear floor space for the water closet. The net effect is that the toilet room, currently required to be 5-feet wide, would need to be expanded to 7 feet in width (pending the approval of the proposed modification).

While the current provisions require that employees have the ability to approach, enter, and exit work areas, the new standards call for more stringent requirements. They include details relevant to common-use circulation routes within work areas to meet the accessible route provisions, including a 36-inch minimum clearance, door-maneuverability areas, slopes and ramps, elevators, and lifts. There are exceptions to this provision, with security platforms and allowances for large equipment impeding the accessible route in employee areas serving as examples.

There is no change, however, proposed for common-use areas; these areas are currently (and proposed to be) fully accessible in employee areas.

Another new provision addresses signage for required exits. These new signs will require visual and tactile characters, including Braille; identifying specifics for finish/contrast; character heights; proportion details; and more. The signage will not be required to have accessibility symbols or pictograms, and can bypass mounting height and location provisions for signage utilized to designate permanent rooms and spaces.

The new standards will further impact laws that govern specific uses for everything from retail, restaurants, hotels/motels, shopping centers, and theme parks to employee areas, children’s destinations, and play and recreational areas.

Interaction with State Accessibility Laws

There are numerous states that have adopted the federal law and are currently using the ADAAG as a base design requirement; however, state law often goes beyond the incorporation of the federal design guidelines by imposing even more stringent standards with the addition of a number of accessibility requirements that exceed the federal mandates.

Expect confusion to be rampant among designers and building officials when the state laws have not yet been updated to be consistent with the new federal guidelines. For example, since the Florida Building Code’s accessibility chapter is incorporated into the state statutes, the state will be required to take legislative action to adopt the new federal regulations. In states where legislative action is needed to adopt the new ADAAG requirements, the process may not unfold quickly; as a result, facility designers and building code enforcement officials will find themselves in a difficult predicament. In the case where the new federal regulations might reduce the requirement for a particular accessibility feature, if a state’s accessibility guidelines call for a more stringent interpretation, the state law will rule. For example, the proposed federal regulations eliminate detectable warnings from curb ramps.

Another example addresses the fact that, in single-user toilet rooms, the current regulations do not allow the door swing to interfere with the clear floor space necessary for accessible restroom fixtures, but the new regulations allow an overlap if there is a clear floor space provided outside the door swing. This provision has been adopted in the state of Texas as equivalent facilitation, meaning that the design provides the same or greater accessibility; however, the new exception may not be permitted in many areas of Florida until the state adopts the federal code, as many building officials frown upon the use of equivalent facilitation. There are countless additional examples that illustrate a disparity between the federal and state guidelines that will continue to create confusion until each state re-certifies its code with the DOJ, ultimately officially adopting the revised federal guidelines.