Chapter 4: Entrances, Doors, and Gates

Table Of Content

• Section-by-Section Analysis with Public Comments
• Limited-Use/Limited-Application Elevators
• 23 Bathrooms, Bathing Facilities, and Shower Rooms
• 13 Doors
• Doors, Doorways, and Gates
• STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II
• § 35.151(c) Accessibility standards for new construction and alterations

Each car shall be equipped with a self-leveling feature that will automatically bring the car to floor landings within a tolerance of 1/2 in (13 mm) under rated loading to zero loading conditions. This self-leveling feature shall be automatic and independent of the operating device and shall correct the overtravel or undertravel. Handrails that are not continuous must have a horizontal extension at the top and bottom of the run. A minimum 12 inch (305 mm) horizontal extension is required at each top riser (indicated in the figure by the dimension X). A minimum 12 inch (305 mm) horizontal extension plus the width of one tread is required at each bottom riser (indicated by the dimension Y). The fourth ramp (fourth from top) labeled "Railing with Extended Platform" shows a railing without edge protection on the ramp surface.

Why Is Accessibility Still A Problem? What Can We Do About It? - Forbes

Why Is Accessibility Still A Problem? What Can We Do About It?.

Posted: Thu, 21 Nov 2019 08:00:00 GMT [source]

Section-by-Section Analysis with Public Comments

And over 2300 directly related to web design inaccessibility — a 14.3% increase from the previous year. The ADA was last revised in 2010, setting forth new standards for accessibility. In other words, the 2010 ADA Standards for Accessible Design arrived. If the preliminary determination is to find equivalency, the Assistant Attorney General, under Sec.36.605, will inform the submitting official in writing of the preliminary determination and publish a notice in the Federal Register informing the public of the preliminary determination and inviting comment for 60 days. (This time period has been increased from 30 days in light of public comment pointing out the need for more time within which to evaluate the code.) After considering the information received in response to the comments, the Department will hold an hearing in Washington. This hearing will not be subject to the formal requirements of the Administrative Procedure Act.

Limited-Use/Limited-Application Elevators

Several commenters noted that requiring the operator of the rental program to own the accessible units is not feasible either because the operator of the rental program would have to have the funds to invest in the purchase of all of the accessible units, and it would not have a means of recouping its investment. One commenter stated that in Texas, it is illegal for on-site rental programs to own condominium units. Another commenter noted that such a requirement might lead to the loss of on-site rental programs, leaving owners to use individual third-party brokers, or rent the units privately. One commenter acknowledged that individual owners cannot be required to place their units in a rental pool simply to offer an accessible unit to the public, since the owners may be purchasing units for their own use. However, this commenter recommended that owners who choose to place their units in a rental pool be required to contribute to a fund that would be used to renovate units that are placed in the rental pool to increase the availability of accessible units.

23 Bathrooms, Bathing Facilities, and Shower Rooms

(i) Where it is technically infeasible to comply with 4.22 or 4.23, the installation of at least one unisex toilet/bathroom per floor, located in the same area as existing toilet facilities, will be permitted in lieu of modifying existing toilet facilities to be accessible. Each unisex toilet room shall contain one water closet complying with 4.16 and one lavatory complying with 4.19, and the door shall have a privacy latch. (18) If fixed or built-in seating or tables (including, but not limited to, study carrels and student laboratory stations), are provided in accessible public or common use areas, at least five percent (5%), but not less than one, of the fixed or built-in seating areas or tables shall comply with 4.32. An accessible route shall lead to and through such fixed or built-in seating areas, or tables. (ii) If access is provided for pedestrians from a pedestrian tunnel or elevated walkway, one entrance to the building from each tunnel or walkway must be accessible. One entrance may be considered as meeting more than one of the requirements in (b).

13 Doors

Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. A website with inaccessible features can limit the ability of people with disabilities to access a public accommodation’s goods, services, and privileges available through that website—for example, a veterans’ service organization event registration form. A website with inaccessible features can limit the ability of people with disabilities to access a public entity’s programs, services and activities available through that website—for example, online registration for classes at a community college. Subpart F establishes procedures to implement section 308(b)(1)(A)(ii) of the Act, which provides that, on the application of a State or local government, the Attorney General may certify that a State law or local building code or similar ordinance meets or exceeds the minimum accessibility requirements of the Act. In enforcement proceedings, this certification will constitute rebuttable evidence that the law or code meets or exceeds the ADA’s requirements.

ANSI 117.1, first published in 1961, was the original accessibility standard. Most of the above standards make reference to or follow many of the guidelines established by ANSI 117.1. This document provides general guidance to assist State and local governments in understanding and complying with the ADA's requirements. The specific editions of the industry standards referenced by the ADAStandards are to be followed until DOJ or DOT revises its ADA Standardsto reference later editions. Compliance with a later edition of areferenced standard or building code not currently referenced by the ADAStandards may be possible under the provision for “equivalentfacilitation” if it is comparable to, or provides greater access than,the referenced editions. The specific editions of these documents referenced by the ADA Standardsmust be followed.

STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

In addition,placement of non-fixed elements can affect the accessibility of an areaby encroaching into accessible routes and clearances. DOJ’s and DOT’s ADA Standards are not a building code, nor are theyenforced like one. They constitute design and construction requirementsissued under a civil rights law. The ADA’s mandates, including theaccessibility standards, are enforced through investigations ofcomplaints filed with federal agencies, or through litigation brought byprivate individuals or the federal government. Persons who are deaf or hard of hearing have reported that portable visible alarms used in transient lodging guest rooms are deficient because the alarms are not activated by the building fire alarm system, and the alarms do not work when the building power source goes out in emergencies.

Titles of the ADA

A standard stall provides a clear space on one side of the water closet to enable persons who use wheelchairs to perform a side or diagonal transfer from the wheelchair to the water closet. However, some persons with disabilities who use mobility aids such as walkers, canes or crutches are better able to use the two parallel grab bars in the 36 in (915 mm) wide alternate stall to achieve a standing position. (i) Professional office of a health care provider means a location where a person or entity regulated by a State to provide professional services related to the physical or mental health of an individual makes such services available to the public. The facility housing the "professional office of a health care provider" only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider. Newly designed, newly constructed, or altered fishing piers must provide accessible routes, subject to the same exceptions permitted for gangways.

Or, a blind individual may choose to decline to participate in a special museum tour that allows persons to touch sculptures in an exhibit and instead tour the exhibits at his or her own pace with the museum’s recorded tour. The preamble to the proposed rule contained a statement that some interpreted as encouraging the continuation of separate schools, sheltered workshops, special recreational programs, and other similar programs. The sentence at issue has been deleted from the preamble because it was too broadly stated and had been erroneously interpreted as Departmental encouragement of separate programs without qualification.

The landing clear width shall be at least as wide as the curb ramp, excluding flared sides, leading to the landing. These forces do not apply to the force required to retract latch bolts or disengage other devices that hold the door or gate in a closed position. A door can be recessed due to wall thickness or because of the placement of casework and other fixed elements adjacent to the doorway.

If it can be reasonably anticipated that the route between the site arrival point and the accessible facilities will be used by pedestrians, regardless of whether a pedestrian route is provided, then this exception will not apply. It will apply only in the relatively rare situations where the route between the site arrival point and the accessible facility dictates vehicular access – for example, an office complex on an isolated site that has a private access road, or a self-service storage facility where all users are expected to drive to their storage units. Nothing in the 2010 Standards requires all circulation paths in non-exempt areas to be accessible. The Department recognizes that building codes and fire and life safety codes, which are adopted by all of the states, require primary circulation paths in facilities, including employee work areas, to be at least 36 inches wide for purposes of emergency egress. Therefore, the Department anticipates that covered entities will be able to satisfy the requirement to provide accessible circulation paths by ensuring that their required primary circulation paths are accessible. Under section 4.1.6(1)(c) of the 1991 Standards if alterations to single elements, when considered together, amount to an alteration of a room or space in a building or facility, the entire room or space would have to be made accessible.

This requirement must be met unless doing so would fundamentally alter the nature of a service, program, or activity or would result in undue financial and administrative burdens. Spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment shall not be required to comply with these requirements or to be on an accessible route. Machinery spaces include, but are not limited to, elevator pits or elevator penthouses; mechanical, electrical or communications equipment rooms; piping or equipment catwalks; water or sewage treatment pump rooms and stations; electric substations and transformer vaults; and highway and tunnel utility facilities.

For instance, the private entity might be required to provide the examination at an individual’s home with a proctor. Alternative arrangements must provide conditions for individuals with disabilities that are comparable to the conditions under which other individuals take the examinations. In other words, an examination cannot be offered to an individual with a disability in a cold, poorly lit basement, if other individuals are given the examination in a warm, well lit classroom. Commenters representing organizations that administer tests wanted to be able to require individuals with disabilities to provide advance notice and appropriate documentation, at the applicants’ expense, of their disabilities and of any modifications or aids that would be required. The Department agrees that such requirements are permissible, provided that they are not unreasonable and that the deadline for such notice is no earlier than the deadline for others applying to take the examination. Requiring individuals with disabilities to file earlier applications would violate the requirement that examinations designed for individuals with disabilities be offered in as timely a manner as other examinations.