Information and Guidance on the Americans with Disabilities Act 
Winter 2000 Volume 4, Number 2

This Issue Highlights Information and Resources Regarding Accessibility Guidelines.

What's Inside?

Feature Story

• Access Board Publishes New ADA Accessibility Guidelines for Public Comment

Access Board News
DOJ Update
Employment Update
Regional News
Publications
Frequently Asked Questions
Great Web Sites
Building Your Rolodex
Events/Announcements

FEATURE STORY

ACCESS BOARD PUBLISHES NEW ADA ACCESSIBILITY GUIDELINES FOR PUBLIC COMMENT

On November 16, 1999, the Access Board published proposed accessibility guidelines for facilities in the private and public sectors under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA). This marks the first comprehensive update of the ADA Accessibility Guidelines (ADAAG) since their publication in July 1991. The proposal, which is available for public comment for 120 days, revises both the substance and format of the existing guidelines and includes new figures and advisory material.

The Board develops and maintains guidelines for the built environment under both the ADA and the ABA that serve as the basis for standards issued by other Federal agencies. ADAAG covers places of public accommodation, commercial facilities, and state and local government facilities. The guidelines issued under the ABA primarily address facilities in the Federal sector and others designed, built, altered, or leased with Federal funds. Through this update, the Board is reconciling differences between the ADA and ABA guidelines so that a more uniform level of access is specified. The guidelines provide scoping requirements, which specify what has to be accessible, and technical provisions, which indicate how access is achieved. The text of the proposed rule is comprised of three parts: a scoping document for ADA facilities, a scoping document for ABA facilities, and a common set of technical requirements. An accompanying discussion explains the changes and poses a number of questions to the public on a variety of issues. The proposal also includes new scoping and technical requirements for accessible residential facilities.

The changes are based on recommendations from an advisory committee the Board had established to review ADAAG. The ADAAG Review Advisory Committee consisted of 22 members representing the design and construction industry, the building code community, and people with disabilities, among others. The committee, which met extensively over a two year period, issued a report, "Recommendations for a New ADAAG," that addresses the content as well as the style and format of ADAAG. The recommendations seek to improve access requirements while reconciling differences between ADAAG and national consensus standards, including model codes and industry standards.

The deadline for public comment is March 15, 2000. The proposed rule includes information on submitting comments electronically or by mail. The Board has scheduled public hearings on the proposal that will provide an additional forum for submitting comment. One hearing is scheduled in Los Angeles, California on January 31, 2000, and another in the Washington, D.C. area on March 13, 2000. The proposed rule is posted on the Board's web site at: http://www.access-board.gov/ada-aba/guidenprm.htm or can be ordered by calling 1-800-USA-ABLE (v), 1-800-993-2822 (TTY).

After the comment period closes in March, the Board will revise the rule as necessary according to the comments received and republish the guidelines in final form. This is a process that is likely to require approximately six months or longer to finalize. This set of ADA Accessibility Guidelines must then be adopted by the U. S. Department of Justice, as a new standard, for it to become law.

Like the Access Board, DOJ will first issue a notice of proposed rulemaking, followed by a period of public commentary, and ultimately, republish a final set of standards. It is this final set of standards, to be issued by the DOJ, that will determine what is required by law under the ADA regarding accessible design. It is likely to take months or years before a new design standard is in place. Until then, the current standards remain in effect.

An overview of the proposal follows:

A Rule in Three Parts
The Board has coordinated its update of the ADA and ABA guidelines into a single rule. The proposed rule contains updated scoping provisions, which specify what has to be accessible, and technical requirements, which spell out how access is achieved. It contains three parts:

• a scoping document for ADA facilities (Part I)
• a scoping document for ABA facilities (Part II)
• a common set of technical criteria referenced by both scoping documents (Part III)

Why the Guidelines are Being Updated
The key goal of this rulemaking is to substantively update the requirements to reflect technological developments so that they continue to meet the needs of persons with disabilities. Also, this update is designed to make the guidelines more consistent with model building codes and industry standards in order to facilitate compliance. The proposed guidelines feature:

• a new numbering system consistent with model codes
• a more streamlined structure and organization of chapters
• updated scoping and technical provisions, with a greater structural delineation between them
• new figures and commentary (advisory information)
• provision of all figure-based information in written text

PART I: ADA Application and Scoping

Chapter 1: Application and Administration
This chapter states general principles that recognize the purpose of the guidelines (101), provisions for adults and children (102), equivalent facilitation (103), conventions (104), referenced standards (105), and definitions (106). Chapter 1 simplifies and reorganizes similar provisions contained in ADAAG sections 1, 2, and 3.

Chapter 2: Scoping Requirements
This section provides scoping requirements for spaces and elements required to be accessible in new construction and alterations. Chapter 2 replaces the minimum requirements sections of ADAAG 4.1. As revised, this section differs from ADAAG in that it integrates the scoping for exterior sites and interior facilities. The new structure reinforces the principle that under the general scoping, all portions of sites and facilities are subject to the guidelines unless otherwise noted.

Some of the more substantive changes of this chapter concern scoping for elevators, including new provisions for destination-oriented and limited-use/limited-application elevators (206.6), means of egress (207), passenger loading zones (208), stairways (210), emergency alarm systems (215), TTYs (217), assistive listening systems (219), and assembly seating (221). New scoping provisions are included that cover sinks (212), laundry equipment (214), beds in transient lodging (224), self-service storage facilities (225), windows (230), and accessible residential facilities (234).

PART II: ABA Application and Scoping

This part provides application and scoping requirements for facilities covered by the ABA. It is modeled after the ADA scoping document (Part I) although there are some departures due to statutory differences. Differences are found in the sections covering modifications and waivers (F103), definitions (F106), existing buildings and facilities (F202), additions (F202.2), leases (202.6), and housing (F234), specifically an exception for military housing. A question is asked about this housing exception (13). Certain provisions or exceptions in the ADA scoping section recognized only by the ADA are not included in the ABA scoping section.

PART III: Technical Requirements

Part III provides technical requirements (Chapters 3 through 11) that are referenced by the ADA and ABA scoping documents.

Chapter 3: Building Blocks
Chapter 3 contains basic technical requirements considered to be the "building blocks" for accessibility as established by the guidelines, including ground and floor surfaces, clear floor space, knee and toe clearances, reach ranges, and operable.

Chapter 4: Accessible Routes and Accessible Means of Egress
All components of accessible routes and means of egress have been combined into one chapter that covers walking surfaces (403), doors (404), ramps (405), curb ramps (406), elevators (407), wheelchair lifts (408), means of egress (409) and areas of refuge (410). Changes are reflected in each of these sections. Extensive revisions are proposed for elevators, including new requirements for destination-oriented and limited use/limited application elevators, altered elevators, means of egress, and areas of refuge.

Chapter 5: General Site and Building Elements
This section contains requirements for accessible parking (502) and passenger loading zones (503), stairways (504), and handrails (505). Changes include revised requirements for parking designations, stairways, and handrails.

Chapter 6: Plumbing Elements and Facilities
Technical requirements for plumbed fixtures and toilet and bathing rooms replace those in ADAAG 4.15 through 4.24. Previously adopted amendments to ADAAG that provide alternate specifications for building elements designed for children's use are included. This section covers drinking fountains and water coolers (602), toilet and bathrooms (603), water closets and stalls (604), urinals (605), lavatories and sinks (606), bathtubs (607), showers (608), grab bars (609), seats (610), and laundry equipment (611).

Some of the more substantive changes of this section pertain to water closets (location and clear floor space), specifications for shower compartments (water temperature, spray units and curbs), and new provisions covering washing machines and clothes dryers (equipment not addressed in the current ADAAG).

Chapter 7: Communication Elements and Features
This chapter provides technical criteria for communication elements such as fire alarms (702), signs (703), telephones (704), detectable warnings (705), assistive listening systems (706), ATMs and fare machines (707), and two-way communication systems (708). Extensive revision is proposed for these elements, particularly fire alarm systems, signs, and ATMs and fare machines.

Chapter 8: Special Rooms, Spaces, and Elements
This chapter covers specific elements, rooms and spaces, including assembly areas (802), dressing, fitting, and locker rooms (803), kitchens and kitchenettes (804), medical care facilities (805), transient lodging (806), and detention and correctional facilities (807). Most of the provisions contained in the special occupancy chapters of the current ADAAG are provided in this chapter. The most substantive changes and issues raised in this section pertain to wheelchair seating in assembly areas.

Chapter 9: Built-In Furnishings and Equipment
This chapter covers built-in furnishings and equipment and provides specifications for dining and work surfaces (902), benches (903), sales and service counters, including check-out aisles (904), and storage (905). These requirements apply to a variety of facilities and effectively replace those in ADAAG 7 and 8 for business and mercantile and libraries. Substantive changes are proposed for benches and sales and service counters.

Chapter 10: Transportation Facilities
Transportation facilities are the only occupancy type covered in a separate chapter. Like section 10 of the current ADAAG, this chapter covers bus stops and terminals (1002), rail facilities and stations (1003), and airports (1004). Changes are proposed for rail facilities and stations.

Chapter 11: Residential Facilities The Board has included requirements for accessible dwelling units in the proposal. The technical requirements of this chapter derive from updated guidelines for residential facilities contained in the ICC/ANSI A117.1-1998 standard. These requirements represent an addition to ADAAG, which currently does not address such facilities. This chapter also serves to update requirements for dwelling units in the minimum guidelines for federally funded facilities upon which UFAS is based.

Section 1102 covers accessible dwelling units and provides requirements for entrances, elements of accessible routes, private residence elevators, laundry equipment, toilet and bathing facilities, kitchens, windows, and storage facilities. Section 1103 provides requirements for dwelling units with accessible communication features. Specifications in this section cover smoke detectors, fire alarm systems and visual appliances, doorbells, and entry communication systems.

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ACCESS BOARD NEWS

BOARD TO CREATE ADVISORY COMMITTEE ON PUBLIC RIGHTS-OF-WAY

The Access Board has formed an advisory committee on access to public rights-of-way. The committee will be charged with developing recommendations the Board will use to propose new guidelines that will supplement ADAAG. The first meeting of the Committee was held on December 2 and 3, 1999 in Washington, DC.

The Access Board has appointed 29 members to the Committee including:

• America Walks
• Association for Education and Rehabilitation of the Blind and Visually Impaired
• Canadian Standards Association, Technical Committee on Barrier-Free Design
• Disability and Business Technical Assistance Centers
• Massachusetts Architectural Access Board
• National Council on Independent Living
• Paralyzed Veterans of America
U.S. Department of Transportation, Federal Highway Administration

The Board previously proposed guidelines in this area during rulemaking for state and local government facilities under title II of the ADA. Based on the public comment in response to that rulemaking, the Board determined that it should coordinate with the transportation industry, including standard-setting organizations, before proceeding with final guidelines. As a result, the section on public rights-of-way was reserved in the final rule issued in 1998 that amended ADAAG to cover state and local government facilities. An advisory committee will allow input from key constituencies in advance of a new set of proposed guidelines in addressing the issues involved and the various design constraints specific to public rights-of-way.

(Source: Access Currents, Volume 5, No. 3 May/June 1999.)

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DOJ UPDATE

DAYS INN HOTELS TO BECOME MORE ACCESSIBLE

The world's largest hotel chain has agreed to implement a nationwide initiative designed to make hundreds of its new hotels across the country more accessible to persons with disabilities, under an agreement reached with the Justice Department.

The agreement, filed in U.S. District Court in Pikeville, KY, resolves five lawsuits filed by the Justice Department in February 1996. The suits allege that Days Inns of America, Inc, and its parent company, Cendant Corporation, violated the ADA by constructing new Days Inn hotels that denied equal access to persons with disabilities.

Accessibility problems existed throughout the chain, including, for example, insufficient accessible parking, inaccessible entrances and walkways at the facilities; inadequate space for persons who use wheelchairs to maneuver in guestrooms and bathrooms; insufficient visual alarm systems for persons who are deaf or hard of hearing; inadequate signage for persons who are blind or have low vision; inaccessible routes throughout the hotels; and guestroom and bathroom doors that are not wide enough to allow wheelchairs to pass inside.

Under the agreement, Days Inns will:

• require new hotels to certify that they are in compliance with the ADA Standards before they open for business as Days Inns;
• pay for an independent survey program designed to identify ADA problems at newly constructed hotels;
• establish a $4.75 million revolving fund to provide interest-free loans to franchisees of newly constructed hotels to finance repairs and renovations required for ADA compliance; and,
• pay $50,000 to the United States.

To help hotels and hotel chains comply with the ADA, the Department has published three new documents designed to assist hotel owners, franchisors, architects and contractors gain a better understanding of ADA requirements for newly constructed hotels. The publications are: Common ADA Problems at Newly Constructed Lodging Facilities, the ADA Checklist for New Lodging Facilities, and Five Steps to Make New Lodging Facilities Comply with the ADA.

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GREYHOUND TO IMPROVE BUS SERVICE TO PASSENGERS WITH DISABILITIES

Greyhound Lines Inc., will improve the availability and quality of accessible bus service for persons with disabilities, under an agreement reached with the Justice Department.

Under the agreement, Greyhound will minimize the need for carrying passengers with disabilities by phasing in accessible bus service in three stages, including:

• providing a lift-equipped bus or assistive device on scheduled departures to and from locations where these buses are operated or where such devices can be made available to passengers who request such accommodations with 48 hours' notice through its ADA Hotline (through March 31, 2000 only);
• making reasonable efforts to provide an accessible bus between any of the approximately 2,600 points served by Greyhound, on 48 hours' notice; and,
• beginning no later than April 1, 2000, guaranteeing accessible buses between any points served by Greyhound, on 48 hours notice, except in a limited set of "excusable circumstances" defined in the agreement.

"Intercity bus service is often the only affordable form of transportation for many people with disabilities," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "This agreement opens new roads for accessible travel which, historically, have not been available."

Passengers wishing to get information about services available on particular Greyhound routes can call Greyhound's ADA hotline number at (800) 752-4841 or (800) 345-3109 (TDD).

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EMPLOYMENT UPDATE

LARGEST JURY VERDICT IN THE ADA'S HISTORY OBTAINED BY EEOC

Madison, WI -- A jury in the disability discrimination case against Chuck E. Cheese pizza chain returned its verdict on damages, awarding $10,000 in back pay, $70,000 compensatory and a record $13 million in punitive damages to Donald Perkl. This verdict represents the largest monetary relief awarded by a jury in a case brought by the Equal Employment Opportunity Commission (EEOC) under the ADA. The jury found that Chuck E. Cheese violated the employment provisions of the ADA by discriminating against Mr. Perkl when they fired him due to his disability, mental retardation.

Although the amount of compensatory and punitive damages will be capped based on statutory limits, these amounts send a very strong message to employers that the public will not tolerate this kind of discrimination. Moreover, the $70,000 in compensatory damages is significant because Chuck E. Cheese argued that Mr. Perkl's cognitive limitation's left it "highly unlikely" that he experienced any significant distress as a result of his termination.

The EEOC brought the suit against the Madison facility of Chuck E. Cheese (a subsidiary of Showbiz Pizza Time, Inc.) following unsuccessful efforts to resolve the case through conciliation. The lawsuit was based on an administrative finding that a regional manager fired Donald Perkl from his job as a janitor after stating that Chuck E. Cheese did not hire "those kind of people."

The local Chuck E. Cheese manager and staff supported Mr. Perkl fully during the time he worked at the child-oriented entertainment facility and restaurant. After he was fired by the regional manager, the local manager and employees asked the company president and CEO to intervene and reverse the decision. However, they were met with silence and inaction.

"ADA requires companies to make hiring and firing decisions based on individual capabilities, not on myths, fears or stereotypes," said EEOC Chairwoman Ida Castro. "It is outrageous that Chuck E. Cheese would permit a middle manager to fire an employee with a disability in the face of protests by co-workers and a first-line manager who vouched that Mr. Perkl could do the job. It is also outrageous that Chuck E. Cheese would argue that this act was acceptable because they believed this human being could not feel the pain of this humiliation."

Although Mr. Perkl has cognitive disabilities, he is able to work productively with the assistance of a full-time job coach paid for by a disabilities advocacy group. He compensates for difficulties speaking by use of picture cards or a hand-held computer device. With these accommodations, he was able to perform his job effectively for Chuck E. Cheese.

EEOC Commissioner Paul Steven Miller stated: "Persons with mental retardation are among the most vulnerable individuals within the American workforce. Employers need to understand that the ADA protects these workers from arbitrary denials of jobs they can perform, and the EEOC will enforce these protections aggressively."

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REGIONAL NEWS

Arts and Accessibility Symposium

"Clearing the Path: Arts and Accessibility in New England" is a regional symposium that will provide an opportunity for New England arts organizations to move toward accessibility for all people. The symposium will bring together arts and disability professionals and serve as a model of accessibility that can be replicated in other arts venues throughout New England. The goal of the symposium is to provide practical guidance on ways to make access considerations an integral part of the arts.

The symposium is scheduled for March 1-3, 2000 at the Royal Sonesta Hotel, Cambridge, MA. Sponsors and partners for this event include: the New England Foundation for the Arts; the six New England State arts agencies; the National Endowment for the Arts; Adaptive Environments; and VSA Massachusetts. Participants and presenters will include: staff and board members from state and regional arts agencies; representatives from both disability and arts service organizations; arts administrators; programmers; and performing and visual artists.

The symposium will provide a range of opportunities, among them:

• hands-on workshops and consultancy opportunities, including practical information on 504/ADA responsibilities; assistive technologies; and training in accessible practices;
• showcases of accessibility exemplars including; best practices in universal design; approaches for developing community resource teams;
• live performances and an art exhibition; and
• presentations by leaders in the region and nation, including John Kemp, President and CEO of VSA, Washington, DC.

If you have questions about registration, please call (617) 951-0010 (V/TTY) or e-mail info@nefa.org. For questions about program and access call the Symposium coordinator, Renee Wells at (802) 388-7133 (Voice and Relay calls welcome).

Connecticut School Installs Signage for Visually Impaired Students

The Office for Civil Rights (OCR) has required the East Windsor, CT public school district to install Braille and raised-letter signage throughout its intermediate school in order to bring the building into compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. (East Windsor (CT) Pub. Sch., 31 IDELR 14 (OCR 1999)).

This action was spurred by a parent's complaint, charging that the district discriminated against her child based on disability. The parent indicated that the district failed to ensure that all programs and activities at the school were accessible and usable by the student because it had not labeled all rooms with raised-letters and Braille signage.

OCR determined that the school, the district's only intermediate school, needed raised-letter and Braille signage to enable the student and other persons with visual impairments to access all areas of the school. Further noted by OCR, was the belief that new signage would enable this student and others to "get their bearings" anywhere in the school in the same manner as students without disabilities.

Accordingly, the district was required to provide the signage throughout the school. The signage would bring the school into compliance with both Section 504 and the ADA, which prohibit unnecessary segregation and different treatment of students on the basis of visual disabilities.

(Source: Section 504 Compliance Advisor, "School Required to Install Signage for Visually Impaired Students," Vol. 3, Iss. 10, p. 10.)

Connecticut Access Monitor Project

The Connecticut Access Monitor Project was established to increase local compliance with Titles II and III of the Americans with Disabilities Act, as well as with the access provisions of the Connecticut State Building Code.

One rationale behind the project is that the law by itself does not guarantee an accessible environment. People in business and government need education and guidance in order to understand and comply with the law's requirements. Everyday citizens, especially those with disabilities, must assume an active role in promoting enforcement.

A total of 44 people completed two monitor trainings; of these, 27 individuals identified themselves as people with disabilities. Twenty participants have elected to pursue certification, of these, 16 are individuals with disabilities.

Among the objects of access activism identified by monitor-trainees are: colleges, museums, stores, movie theaters, restaurants, cultural institutions, charter boat businesses, playscapes, polling places, and public buildings.

An implicit goal of the project has been the building of regional consciousness around access issues; this is beginning to bear fruit in Eastern Connecticut, where there are plans to initiate a concerted effort toward ensuring access at polling places and cultural institutions. The hope is to expand the polling access effort across Connecticut during the next year.

Outcomes during the past year include:

• Creation of a comprehensive manual designed to aid monitors in their assessment projects;
• Development of a relationship with the Office of Protection and Advocacy for additional in-kind consultation services;
• Establishment of a liaison with the Connecticut State Building Inspector;
• A training for lawyers on the principles of Titles II and III; and
• Development of a listing of Connecticut attorneys interested in litigating Title II and III cases.

The ADA Coalition of Connecticut expresses its appreciation to the Developmental Disabilities Council of Connecticut for its funding of this project. For additional information, contact the ADA Coalition of Connecticut at (860) 297-4383 (v) or (860) 566-2102 (tty).

Recreation Facilities Public Hearing at Build Boston '99
by Denis R. Pratt, Accessibility Specialist, Alpha One, So. Portland, Maine

On July 9, 1999, the Architectural and Transportation Barriers Compliance Board published a notice of proposed rulemaking to amend the Americans with Disabilities Act Accessibility Guidelines by adding a new special application section for Recreation Facilities. The new section covers amusement rides, boating facilities, fishing piers and platforms, golf courses, miniature golf, sports facilities, swimming pools, wading pools, and spas. A public hearing was held at Build Boston on November 17th, just one day after the publishing of the proposed rule to revise the ADA Accessibility Guidelines (ADAAG) on November 16th. For that reason, the hearing was also open for comments on the proposed new ADAAG.

The primary objective of the public hearing was to provide a forum for interested persons to submit their comments on the proposed guidelines to the Access Board, either orally or in writing. Although the proposed guidelines cover a variety of recreation facilities, most of the testimony received at the hearing addressed amusement rides and amusement park facilities.

Representatives from General Motors Corporation, Lagoon Park in Utah, the American Amusement Park Association, Six Flags Parks, Walt Disney World Resort, and Universal Studios of Florida all submitted comments expressing their concern on design limitations, inflexibility, and "inability to foster creativity" in the design and operation of amusement rides per the guidelines presented in the proposed rule. All presenters urged the Board to collaborate with the amusement park industry, to reconsider the general application of specific design guidelines to all types of rides, and allowing a more flexible application of the guidelines for different types of ride applications.

A consistent concern for regulating "temporary" or "portable" rides usually seen at county or local fairs was voiced by many of the presenters. Limited testimony was also heard on the proposed rules for miniature golf courses, marine facilities, golf courses, and hotel swimming pools and spas. Approximately 150 people attended during the day of testimony.

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PUBLICATIONS

• ADA/ABA Accessibility Guidelines - Notice of Proposed Rulemaking. Approx. 400 pp., $35
• Title III Regulations for Public Accommodations and Commercial Facilities and ADA Accessibility Guidelines, 1994 - no cost
• ADAAG for Buildings and Facilities: Proposed Rule for Play Areas - $1
• ADAAG for Buildings and Facilities: Final Rule for Children's Facilities - $2
• ADAAG for Buildings and Facilities: Final Rule for Judicial and Detention Facilities - $4
• ADAAG for Buildings and Facilities: Proposed Rule for Recreation Facilities - $3
• ADAAG Manual: A Guide to the Americans with Disabilities Act Accessibility Guidelines. 143 pages clarifies the complexities of the ADAAG, lots of helpful drawings. - $10
• Existing Facilities Survey Checklist 2.1 - $2
• Americans with Disabilities Act Guidelines (ADAAG) Checklist - $13
Opening the Doors to Older Persons: An ADA Accessibility Checklist
• ADA Design Guide: Restriping Parking Lots - no cost
• Common ADA Errors & Omissions in New Construction and Alterations - $1.50
• Accessible Stadiums Information Sheet - no cost
• Signage Information Sheet - $1
• ADA & Historic Preservation - $1.75
• Recommendations for Recreation and Outdoor Areas - $2
• Recommendations for Recreation and Outdoor Areas Executive Summary - $1
• *Common ADA Problems at Newly Constructed Lodging Facilities - no cost
• *Five Steps To Make New Lodging Facilities Comply With The ADA - no cost
• *ADA Checklist for New Lodging Facilities - $3.50

Barrier Free Environments' ADA Accessibility Guidelines Tech Sheets

• Accessible Routes - $2.75
• Areas of Rescue Assistance - $2.75
• Doors - $1.75
• Lavatories & Mirrors - $1
• Medical Facilities - $1.25
• Toilet Stalls - $1

Access Board's ADAAG Technical Bulletins

• Parking - $1
• Surfaces - $1
• Text Telephones - $1
• Using ADAAG - $2
• Visual Alarms - $1

* Indicates new publications

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FREQUENTLY ASKED QUESTIONS

Specific ADAAG Questions

Q: Is there a specific coefficient of friction required for a surface to be "slip resistant"? (ADAAG 4.5.1)

A: No. There are a variety of ways to measure the coefficient of friction for different materials and no single test device or procedure has been identified. A Board sponsored research project, suggested some values but, without a defined test procedure, these recommendations cannot be applied.

Q: ADAAG ramp requirements specify "level" landings. Does "level" mean zero slope? (ADAAG 4.6.3 and 4.6.6)

A: No. In general, "level" means having a slope no greater than 1:50 (2%) in any direction.

Q: Are curb ramps required to have detectable warnings?

A: Not at the present time. The requirements for detectable warnings on curb ramps, at hazardous vehicular areas and at reflecting pools are suspended until July 26, 2001. Detectable warnings are still required on transit platform edges.

Q: Are all stairs required to be accessible in accordance with section 4.9? (ADAAG 4.9)

A: No. Only stairs which connect levels which are not connected by an accessible route are required to comply with ADAAG 4.9.

Q: Can the door of a toilet room swing into the required maneuvering space? (ADAAG 4.17.5)

A: Yes, the door can swing into the maneuvering space, but not into the space required at a fixture.

Q: Does the definition of "technically infeasible" include cost considerations?

A: Cost is not a factor in determining whether an action would be technically infeasible. Technically infeasible is defined at ADAAG 4.1.6(1)(j) and includes actions such as the removal of a load bearing member which is an essential part of the structural frame of a building. In applying the alterations guidelines, the Department of Justice considers cost under certain circumstances.

Q: In transient lodging, do all the doors to all the rooms have to be accessible?

A: ADAAG 9.4 requires that doors and doorways designed to allow user passage into and within all sleeping rooms or suites comply with ADAAG 4.13.5 for clear width. This includes entry doors, bathroom doors, doors connecting rooms in a suite and doors connecting multiple suites, but does not include doors to shallow closets.

(Source: US Architectural and Transportation Barriers Compliance Board, "ADA Accessibility Guidelines FAQ," http://www.access-board.gov/bfdg/adaagfaq.htm)

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GREAT WEB SITES

National Fire Protection Association
http://www.nfpa.org/
This site contains the latest information about the non-profit National Fire Protection Association (NFPA), publishers of the National Electrical Code®, the Life Safety Code®, the Fire Prevention Code™, the National Fuel Gas Code®, and the National Fire Alarm Code®.

American National Standards Institute
http://www.ansi.org/
The American National Standards Institute (ANSI) has served in its capacity as administrator and coordinator of the United States private sector voluntary standardization system for 80 years. The Institute represents the interests of nearly 1,400 company, organization, government agency, institutional and international members. ANSI does not itself develop American National Standards; rather it facilitates development by establishing consensus among qualified groups.

Building Officials and Code Administrators International, Inc.
http://www.bocai.org/
Building Officials and Code Administrators International, Inc., (BOCA) is a nonprofit membership association, comprised of more than 14,000 members who span the building community, from code enforcement officials to materials manufacturers. BOCA is dedicated to preserving public health, safety and welfare in the built environment through the use and enforcement of Model Codes.

Center for Universal Design
http://www.design.ncsu.edu/cud/
The Center for Universal Design is a national research, information, and technical assistance center that evaluates, develops, and promotes universal design in housing, public and commercial facilities, and related products.

Architectural and Transportation Barriers Compliance Board
http://www.access-board.gov/
The Access Board is the federal agency which develops minimum guidelines and requirements for standards issued under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA).

U.S. Department of Justice Americans with Disabilities Act Home Page
http://www.usdoj.gov/crt/ada/adahom1.htm
The ADA gives the Department of Justice (DOJ) authority to issue regulations for title II and III of the ADA and to provide technical assistance and enforcement. The Department also has authority to certify that a State or local accessibility code is equivalent to the ADA's requirements for new construction and alterations.

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BUILDING YOUR ROLODEX

State Code Contact List

Connecticut:

Technical Assistance
State Building Inspector
Department of Public Safety
Office of State Building Inspector
1111 Country Club Road
P.O. Box 2794
Middletown, CT 06457-9294
Tel: (860) 685-8310

Maine:

Technical Assistance
Bureau of Rehabilitation
Department of Labor
35 Anthony Avenue
Augusta, ME 04333-0011
(207) 624-5307 Voice
(800) 794-1110 TTY

Massachusetts:

Technical Assistance
Architectural Access Board
One Ashburton Place, Room 1310
Boston, MA 02108
(617) 727-0660
(800) 828-7222
http://www.state.ma.us/aab/

New Hampshire:

Technical Assistance
Architectural Barrier-Free Design Committee
Governor's Commission on Disability
57 Regional Drive, Suite 5
Concord, NH 03301-8518
(603) 271-2773 Voice
(603) 271-2774 TTY
(800) 852-3405 Voice/TTY
http://www.state.nh.us/disability/abhomepage.html

Rhode Island:

Technical Assistance
Department of Administration
Building Code Commission
One Capitol Hill
Providence, RI 02908
Tel: (401) 222-3033

Vermont:

Technical Assistance
Department of Labor and Industry
Fire Prevention Section
National Life Building, Drawer 20
Montpelier, VT 05620-3401
Tel: (802) 828-2106
http://www.state.vt.us/labind

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EVENTS/ANNOUNCEMENTS

Designing for the 21st Century
Second International Conference on Universal Design
June 14-18, 2000
Providence Convention Center, Providence, RI
Sponsored by Adaptive Environments and the Center for Universal Design
For additional information, contact Valerie Fletcher at (617) 695-1225 ext. 26 or visit the conference website: www.adaptiveenvironments.org/21century

Clearing the Path: Arts and Accessibility in New England
March 1-3, 2000
Royal Sonesta Hotel, Cambridge, MA
Sponsored by New England Foundation for the Arts
Contact: Contact Renee Wells (802) 388-7133 for access requests and Doug DeNatale, denatale@nefa.org, (617) 951-0010 x13 for registration

The New England ADA & Accessible IT Center has issued its third annual call for "incentive grant" proposals
This year's priority is for projects that use the ADA 10th anniversary as a vehicle for public education and/or media attention. For more information, contact Valerie Fletcher at (800) 949-4232(v/tty).

Independence Unlimited in Hartford, CT has a new Executive Director
Candace Low has come to the region from Tulsa, OK and has a strong advocacy history, extensive experience in ADA training and an interest in interfaith access issues. She can be reached at (860) 523-5603 (v/tty) or clowind-unl@aol.com.

Look for the Spring issue of Access New England.

Attention Subscribers!
Are you interested in receiving our newsletter via e-mail? Send us a message at adaptive@adaptiveenvironments.org and we'll drop Access New England directly into your e-mail letterbox. Moved recently? Changed your name? No longer interested in receiving our newsletter? Let us know so we can keep our mailing list up-to-date and effective. Call us at 800-949-4232 V/TTY or drop us a line at 374 Congress Street, Suite 301, Boston, MA 02210. Questions about the ADA? Call us at 800-949-4232 V/TTY for answers and guidance.

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