Pending ADA Regulations & Local Government Facilities

1. Pending ADA Regulations & Local Government Facilities Preparing for Change Presented by L. Scott Lissner March 5th, 2009

2. Objectives & Housekeeping • Understand the historical context • Identify a conceptual framework • Know what questions to ask • Know where to find the answers • Respect the privacy of others • Questions & Breaks

3. DISCLAIMERS • Make It Sound Easy • I am not an architect • I am not a lawyer • “Dragnet” disclaimer: The story you are about to read is true; the names have been changed to protect the innocent

4. POWERPOINT PRESENTATIONSCAN BE DANGEROUS NASA's Columbia Accident Investigation Board identified simplistic thinking from an over-reliance on PowerPoint presentations as a contributing factor in the Columbia shuttle disaster. (New York Times Magazine 12/14/2003)

5. 49.7 million people age 5 and over with a disability (19%)

6. 25 million had difficulty walking a quarter mile, climbing 10 stairs, or used an ambulatory aid

7. 18 million had difficulty carrying a 10-pound bag of groceries or grasping small objects.

8. 8.0 million had difficulty hearing what was said in a normal conversation (even when wearing a hearing aid)

9. 7.7 million had difficulty seeing the words and letters in a typical newspaper (even with glasses)

10. Why provide access? • Itis the right thing to do • The value of diversity • The Law

11. It Is The Right thing To Do • Social Interactions define society and individuals • Impairment is a dimension of human experience • A society is no better than how it treats its most vulnerable persons

12. Diversity • Disability is both unique and ubiquitous • Disability is a catalyst for innovation • Individuals with disabilities control over $175 billion in discretionary spending.

13. A History of Exclusion • The Nazi T4 movement (the extermination of people with disabilities) set the stage for the Holocaust • The eugenics laws of the Nazis were based on American science and law • The last state eugenics law was repealed in 1968 • Ugly Laws; Columbus 1972; Chicago 1974 • Public Schools could refuse disabled students until 1975; public colleges until 1978. Disability History Portal: http://www.disabilityresources.org/HISTORY.html

14. Section 504 of the Rehabilitation Act “No otherwise qualified individual with a disability in the United States, as defined in section 7(20), shall, solely by reason of her or his disability, be excluded from the participationin, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.”

15. Basic Civil Rights Objectives of Section 504 and the ADA • End isolation of persons with disabilities • Secure equal opportunity • Ensure equitable treatment • Foster independence • Prevent a hostile environment

16. Provide equally effective access to programs, benefits and services for qualified individuals with disabilities in the most integrated manner possible Section 504 of the Rehabilitation Act 34 CFR 104 & Title II of the Americans With Disabilities Act 28 CFR 35

17. Americans With Disabilities Act • Civil Rights law that protects individuals with disabilities from discrimination in: • Employment; • Public Accommodations • State & Local Government • Transportation • Telecommunications

18. From: XXXX Design Architect Sent: Wednesday, April 07, 2004 8:51 AM To: University Architect Cc: Department Chair, University Engineer, ADA Coordinator Subject: Phase I: Plan Review This area is illustrated on the attached plans, Rm.#42T, is an existing non-ADA-compliant toilet room, that we have deliberately not included in the scope of this project, to avoid the need to make it compliant. The door to this room swings outward into the passage (Rm. 42B) that now serves as egress for the on rooms 42 C,D & E. The passage is now a path of egress so the outward door swing is not permissible. If we change the door swing, we will be modifying the bathroom, which would then require an upgrade to ADA status.

20. Arenas & Stadia Existing Facilities Existing Facilities Parking Tours Parking Tours Fairs Fairs Emergency Shelters & Evacuation Graduation Graduation Communication Programs and Activities Communication All Programs & Activities Medical Services Medical Services Community Events Community Events Administrative Services Administrative Services EVERYTHING YOU DO! EVERYTHING YOU DO! Information Kiosks Food Service Information Kiosks Alterations Food Service Alterations Plays and Concerts Sidewalks & Rights of way Plays and Concerts Housing Exhibits Exhibits Housing Labs Outdoor Areas Outdoor Areas Labs Websites Gym/Physical Education Websites Parks play New Construction Sporting Events New Construction Classes Sporting Events Classes

21. DESIGN PHILOSOPHY & STANDARDS • SAFE HARBOR • MINIMUM COMPLIANCE • FLOOR NOT CIELING • ANTHROPOMORPHIC DIVERSITY • USABILTY • SUSTAINABILITY • UNIVERSAL DESIGN

22. COVERAGE & APPROACH ROOTED IN STATUTE • The Built Environment • The relationship of standards & statute • Exceptions • Structural & Site Infeasibility • Equivalent Facilitation • Zero tolerance for design error • Recognition of field tolerances • Usability & Technical Compliance • Safe Harbor

23. CHOOSING A STANDARD • ANSI • ABA • UFAS • ADA Standards For Accessible Design • Fair Housing Act • IBC • State Building Codes • New ADA/ABA

24. The Built Environment Facilities Access • All new buildings and alterations must meet applicable accessibility standards • Construction after June 3, 1977 is considered new construction under Section 504 of the Rehabilitation Act • Construction after January 26, 1992 is considerd new under the ADA • Revised Standards ??? • Includes supporting amenities and path of travel

25. DESIGN REQUIREMENTS DESIGN CHOICES

27. Facilities Access Cycle • Maintenance • Master Plan • Capital Budgeting • Program of Requirements • Schematic Design • Design & Development • Contract Documents • Construction • Change Orders • Punch List • Maintenance

28. Establish An ApproachA Self Evaluation Model • List Programs & Facilities • Map Use and Features • Choose a Survey Checklist • List Barriers (Facilities & Program) • Consider Capital-Planning Process • Analyze Program Access Options • Identify Barrier Removal Methods (permanent and interim) • Develop A Schedule (Include an update cycle) • Assign Responsibility & Authority

29. DECISION MAKING IN A LOOSELY COUPLED SYSTEM

30. LOSELY COUPLED SYSTEMS & THE GARBAGE CAN MODEL OF MANGAGEMENT • The ad hoc decision making and unclear funding streams of decentralized decision making can result in barriers to access

31. SUPLIMENTS TO ADAAG THE “NEW” ADAAG DOT AND DOJ BEYOND ADAAG

32. New ADA-ABA Accessibility Guidelines Are In Progress • Updates ADAAG & UFAS • Harmonization, Consistency & Clarity • ICC/ANSI A117.1-2003 & IBC 2003 • Includes Previous supplements • State & Local Gov’t Facilities (1998) • Children’s Environments (1998) • Play Areas (2000) • Recreation Facilities (2002)

33. New ADA-ABA Accessibility • New Format • Numbering system • New figures • All dimensions in text • New advisory notes

34. Retrofitting & Barrier Removal

35. Structural Infeasibility & Equivalent Facilitation

36. Renovation

37. Parking & Pedestrian Travel

38. New Construction

39. Universal Design Approach • Person-Environment Interaction • Maximum Usability • Efficient Functioning • Flexibility • Aesthetics • Cost Requires Mindful Creativity of the Designer

41. “Universal design is the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.” Ron Mace • The intent of universal design is to simplify life for everyone by making products, communications, and the built environment more usable by as many people as possible at little or no extra cost. Universal design benefits people of all ages and abilities. UNC Center For Universal Design

43. Universal Design is: Market driven A process not a goal Minimizing incompatibilities between conditions of people and their environment About form and function Incorporates awareness of all users needs Comfortable & safe for widest possible range of potential users Inclusive Requires the mindful creativity of the designer Universal Design is not: Compliance with minimum accessibility regulations Adding on a ramp or accessible features One size fits all

44. Principles of Universal Design • Equitable Use • Flexibility in Use • Clear and Intuitive Use • Perceptible Information • Tolerance for Error • Low Physical Effort • Size and Space for Approach and Use

46. Equitable Use Welcoming to diverse groups; provides for equivalent if not identical participation and effort. Consider characteristics such as height, weight, strength, vision, hearing gender, language and cultural/background of all potential users.

47. Flexibility in Use Adaptability of the spaces over time and uses. Flexibility in control by the users in interacting with specific elements and functions

48. At home, work & Play

49. Simple and Intuitive Use Provides consistent forms, locations, and cues for way finding, operation or interaction. Understandable to the novice and efficient for experienced users with diverse experience, cultural backgrounds, languages and educational levels

50. Perceptible Information Communicate information effectively across the spectrum of ambient conditions (light, sound, activity) using a variety of modalities (tactile, visual, auditory, linguistic).