Endelman & Associates PLLC
Accessibility Consulting ADA – FHA Compliance
William E. Endelman, AIA - Principal
Presented By – Michael Schneider, Senior Consultant
_________________________________________________
NEW: One Union Square, 600 University St., Suite 1715
Seattle, WA 98101
T 206.324.6462 F 206.324.6469
bill@endelman.com www.endelman.com
Practical Fair Housing Act / ADA / Code
Accessibility Compliance
For Cascadia Chapter SAVE International
PART 1
Copyright 2014 Endelman & Associates PLLC. All rights reserved. Duplication prohibited without express written permission except for the limited specified
internal use by this client. Provided information is NOT intended to represent all requirements of applicable laws.
Endelman & Associates PLLC
Architects specializing in Facility Accessibility
Consulting: ADA, FHA, Code
Risk Management Approach – Avoid $$$
Over 600 Clients
250 million sq. ft. of ADA / FHA Surveys
Survey Solutions & Manager Software™
Expert Witness on FHA & ADA to both DOJ
and Developers – objective interpretation
Accessibility Design Reviews of SD – CDs
Endelman & Associates PLLC
Endelman & Associates PLLC
Senior Consultant Team
Bart Sanderson
Michael Schneider
Jim Safranek
Soo Park
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Training Objectives
1.
2.
3.
4.
Provide overview of FHA / ADA / UFAS / IBC Code
accessibility standards and applicability to projects.
Provide practical overview of multi-unit housing Fair
Housing Act requirements and design implications.
Learn the dozen most common compliance
mistakes in design and in the field.
Learn some significant scoping changes in the new
2010 ADA Standards applicable to multiunit
housing.
TIP - Recognize issues, don’t memorize all details.
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True or False?
1. If a project is approved by a Building Department
that also means that the project is Fair Housing
Act and ADA compliant.
2. A manufacturer’s website listing of a product as
“ADA compliant” means that the manufacturer
has obtained approval from the US Department
of Justice (DOJ).
3. A Consent Decree by the DOJ establishes legal
precedent for FHA or ADA compliance for other
clients on future projects.
4. The ADA applies to multi-unit housing projects.
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Accessibility Requirements
Where do the ADA (Title II & III), FHA, and WAC 51-50
Amendments to the 2009 IBC / ANSI A117.1-2003 apply?
ADA and Fair Housing Act are Civil Rights legislation, not Code
ADA – Americans with Disabilities Act - Technical Guidelines:
“New ADAAG” – 2010 ADA Standards 9/15/10 Details follow
ADA Title III - Existing Buildings – Remove barriers in Public
Accommodations to extent it is “Readily Achievable”
ADA Title II - Public Entities – Remove barriers to “Programs”
unless an “Undue Financial Burden”
ADA - New Buildings must comply in public and staff areas
Fair Housing Amendments Act 1988 – applies to multi unit
housing with 4 or more units for first occupancy after 3/13/91
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Accessibility Requirements
Fair Housing Amendments Act 1988: 7 Broad
requirements for “usable” buildings after 3/13/91
Fair Housing Accessibility Guidelines (scoping and
standards) & ANSI A117.1 (2003) for Reqs. 1 & 2;
ICC A117.1 - 2009 is NOT an FHA safe harbor
Fair Housing Act Design Manual – HUD’s clarification
& Interpretation of FHA compliance – best for units
FHA – 10 “Safe Harbors” for compliance, but lawsuits
cite FHA Guidelines or Design Manual / 1986 ANSI
Critical Housing Item: FHA Site Analysis Test before &
after design – exemption limited in practical terms
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FHA Guidelines 7 Requirements
1. Accessible building entrances on an accessible
route – per ANSI A117.1 safe harbor
2. Accessible and usable public and common use
areas – per ANSI A117.1 safe harbor
3. Usable doors
4. Accessible route into and through the covered
dwelling unit
5. Light switches, electrical outlets, thermostats
and other environmental controls in accessible
locations
6. Reinforced walls for (future) grab bars
7. Usable kitchens and bathrooms
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Accessibility Requirements
Building Codes:
2012 IBC Ch. 11 / ICC A117.1 - 2009) with WAC
51-50 (Seattle) amendments
Watch Local Amendments - WA = higher % of
Type A Units - 5%
ICC A117.1-2009 differs from ANSI A117.1 –
2003; reorganized sections and some changes
Also Ch. 34 – Section 3409 for existing Buildings
Different states, such as CA = different
requirements. Beware the prototype unit!
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Accessibility Requirements
Unique Codes - CA, IL, FL, GA, others
Some States have State Statutes as an
additional layer beyond Code – CO - CRS 9-5
States often adopt FHA and/or ADA Language as
State law, which is enforceable at State level
Future 2010 ADA Standards Amendments:
Developed Recreation Facilities; Public Right of
Ways
(CA – CBC Ch. 11A– No Type A or Type B Units –
All units meet a unique “in between” standard)
Endelman & Associates PLLC
Accessibility Requirements
ADA: 2010 ADA Standards replaces old ADAAG:
2010 ADA Standards for Accessible Design (ADAS) –
supplants 1991 Standards / ADAAG – July 1, 1994
(amended ADA / ABA Accessibility Guidelines – July 1,
2004); enforceable 3/15/12
The new standards are quite similar to ANSI A117.12003 referenced in the IBC.
ADA applies only to Leasing related routes and
parking, and any retail spaces in multi-unit projects
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Accessibility Requirements
New ADA scoping sections for public accommodations
& public entities must meet 2010 Standards.
(A) Residential facilities and dwelling units (not Private
Units, except*), (B) Amusement rides, (C) Recreational
boating facilities, (D) Exercise machines and
equipment, (E) Fishing piers and platforms, (F) Golf
facilities, (G) Miniature golf facilities, (H) Play areas, (I)
Saunas and steam rooms, (J) Swimming pools, wading
pools, and spas, (K) Shooting facilities with firing
positions, (L) Miscellaneous including - (1) Team or
player seating, (2) Accessible route to bowling lanes, (3)
Accessible route in court sports facilities.
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Accessibility Requirements
A few Notable ADA Regulations Affecting Multiunit Design:
Housing at Place of Education – defined as operated by
or on behalf of an elementary, secondary,
undergraduate, or postgraduate school, or other place
of education, including dormitories, suites, apartments,
or other places of residence.
Qty. of units per Table meet ADA transient lodging
requirements: units with mobility features without rollin showers, with roll-in showers, and units with
communication features (mostly standard units).
3’ door width required for “standard units” (Type B)
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Accessibility Requirements
Grad student housing with no common use
educational function meet Residential Sec. 233
*ADA Also Applies to HUD Section 504 Housing : in
addition to UFAS.
ADA applies State and Local public entity finding.
(Title II) triggers compliance with ADA Residential
Standards. Design impacts.
IN SUMMARY – Comply with most stringent of
multiple standards.
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Accessibility Requirements
Other Aspects of ADA Compliance:
Cannot “cherry pick” from old and new Standards –
must be consistent.
When an area is altered after 3/15/12, then that
area must meet the new 2010 ADA Standards.
Construction Tolerances are not allowed when the
Standards provide a range (e.g. per the 2010
Standards a toilet must be between 16” to 18”
from the side wall, so 15-1/2” would not be an
acceptable tolerance).
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Accessibility Requirements
The Final Rules were adopted separately for Title III
– Public Accommodations (28 CFR Part 36), and
Title II – Public Entities (28 CFR Part 35). Both
downloadable from www.ADA.gov.
They include additional technical regulations that
affect facilities beyond the 2010 Standards
document, including assembly spaces and transient
lodging.
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Essential Tools in the Field
Accuracy is important for compliance
“Smart Level” – 24” Digital level –
• Architects and contractors need to
have one; not 4’ level
• $200 M-D SmartTool or Stabila;
May not be at Home Depot
• Accurate to 0.1% - Calibrate.
Tape Measure – Minimum 16’
Door Force Gauge – Sources: HMC
Int’l, The Access Store, Amazon.com
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Dirty Dozen - MISTAKES In Providing
Compliant Multiunit Housing - Tech Issues:
1. Slopes at walkways & continuity of routes
Max. 2% cross slope (1/4”/ft.)
5% to 8.33% slope is a ramp – handrails, landings
Best Practice> Specify 4.75% to not exceed 5%
Access routes from all covered units to common use
amenities incl. Clubhouse, trash, mailbox, play areas
2. Curb ramps
1:12 side flares, not 1:10 if not 36” at top
No curb ramps projecting into access aisle
Detectable Warnings no longer in force per ADA – intent
was to incorporate this requirement only for curb ramps
within the Public ROW; Bldg. code may apply - varies.
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Technical Issues (P.2)
3. Ramps - slope, landings, handrails
Max. run 30’ before a landing - 60”L x W
5% to 8.33% - Best Practice: specify 8%
Handrails 1-1/4” to 1-1/2” on 2 sides
Now other non-circular sections allowed
4. Doors - Approach - Slope & Maneuvering
Code Type B - 32” clr. w/ tolerance - Interpretations;
FHA “nominal 32” = 31-5/8” = 2’-10” door; not primary
entry; Code Type A – Full 32” clear!
Type A Units & public / common use areas need
maneuvering space (exterior of unit entry); Type B door none at interior; and now 2012 IBC / ICC 18” at entry!
Vestibules – 48” clear between open door & next; ANSI2003 adds 60” turning space
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Technical Issues (P.3)
5. Units - Appliance clear floor space
30” x 48” parallel or forward, per appliance type
“Centered on” appliance issue; ANSI & FHADM differ
Code Type A sinks and Kitchen counter workspace
6. Units - Kitchen Clear Floor Space
40” at galley (48” CA), but watch refrigerator, range,
countertops; now 60” at all common use
60” clear throughout for Code Type A & B “U”-Shaped
– 3 contiguous sides; FHA – 60” diameter w/sink or
range at bottom of “U”
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Technical Issues (P.4a)
7. Units - Bathrooms
Either 1 FHA Specification B / ANSI Option B Bathroom –
30” x 48” parallel to Tub & 34” lav, OR ALL fixtures in ALL
bathrooms FHA Spec. A / ANSI Option A
Toilet Centerline – 18” exactly from side wall, 18” min.
from tub; more stringent than ANSI Type A 16” to 18”
Spec B. Lavatory – 34” to rim
Compartmentalized Type B unit toilet rooms & showers 48” width is smallest width to provide clearances
Two-story housing units in elevator buildings FHA &
Code– Primary Entry level bath or powder room access
Watch out for “Lofts”/Mezzanine Units – no bath on loft
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Technical Issues (P.4b)
Sample Unit
Bathroom
With Issues
– Type B
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Technical Issues (P.4c)
Sample Unit
Bathroom
With Issues
– Type A
Unit
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Technical Issues (P.5)
8. Reach Range - Outlets & Thermostats
High: IBC 48” front & side. Low 15”.
FHA Duplex wall outlet mounting height
Bottom outlet at +15” min AFF
NOT centerline box; NOT to subfloor
Tip - specify more to subfloor - avoid error
Countertop outlets – 46” max to top outlet; & inside
corner outlets at “L” & “U” kitchens – minimum 36”
from corner; appliance projection issues per FHADM
Thermostats – measure 48” to highest control, not
centerline of box
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Technical Issues (P.6)
9. Accessible Parking
Code: difference between Residential 2% and Leasing
Office / Retail per table
FHA – 2% of covered unit parking + “Sufficient
number” of accessible visitor stalls + common use
where parking provided + Leasing (ADA)
Stall & access aisle 2% max. slope all directions
8’ stall & 5’ access aisle (8’ for van stall)
FHA does not require van stalls, but if there is a
Leasing Office or other public accommodation it
requires 98” height per ADA (garages)! IBC requires 1
van per 6 accessible.
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Technical Issues (P.7)
10.Common Use Restroom Issues
Toilet new ADA & ANSI-2003-09 16”-18”; Installed
early - Difficult to revise (Old ADAAG 18”)
Flush Control on Wide Side – Typ. 50% wrong
Toilet paper – now 7”-9” centerline to front of toilet
Restroom Accessories – ADA & IBC 48”; (WA - 40”)
Lavatory Ht. – 34” to rim or counter – highest
Grab Bar & Accessory Interference – keep 1-1/2”
clear below and 12” above
New – Additional vertical G.B. at public restrooms
(CA has different stall & toilet clearances, and signs)
Endelman & Associates PLLC
Technical Issues (P.8)
11. Common use showers - Most are non-compliant
ADA & Code 36” x 36” clear transfer shower – many
non-compliant products labeled ADA compliant
ADA & ANSI Roll-in 60” min. x 36”, no curb, drainage
issues
Maneuvering space aligned with control wall
Grab bars, adjustable sprayers, seats ,etc.
Housing Units Type A similar; Type B 36” x 36” clear
if shower is only bathing fixture in unit
(In CA - CBC 42” x 48” transfer – ADA 36” x 36”
conflict)
Endelman & Associates PLLC
Technical Issues (P.9)
12. Code Type A Units
All rooms require 60” turning space; gray area of walkin closets; Galley Kitchen – use 36” clear width at sink
Balcony requires 60” diameter, or be less than 30” per
Code, but 30” does not meet FHA minimum 36” route.
Therefore no exception. Juliette – 15” to 18”
Stacked washer and dryers do not comply at Type A
Units - upper compartment door exceeds 34”. New
2009 - 30” x 48” parallel to and centered on top load,
offset at front load.
Operable windows – ICC 2009 - just clear floor space
and 48”height – not hardware and operating force
Develop Type A early - not easy to adapt from Type B
due to door maneuvering space, 3’- 0” doors, and
larger bathroom.
Endelman & Associates PLLC
Technical Issues (P.10)
The Baker’s Dozen – Other Missed Issues:
Grab bar blocking required in ALL bathrooms; Be
conservative - Use FHADM dimensions
Common use kitchens fully accessible; some
exceptions for no conventional range or cooktop
Code Type A & B require 60” clear throughout
kitchens, exceeding 60” diameter per FHA.
Beware deep “Juliette” Balconies – if occupiable,
then need to have 36” route.
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Special Technical Design Issues:
Thresholds – Especially at high rise with post
tensioned slabs and window walls: mfrs. high
thresholds noncompliant for ½” swing, ¾” slider.
Not fully resolvable conflict. Portable ramps – user
space conflict. Document!
Mailboxes – Elevator buildings - all boxes 48” high
reach and USPS 28” low. Non-elevator - USPS
vertical numbering foils logic of low boxes in low
rows.
Retail & Bldg. Entries – Matching public R.O.W
grades and maintaining 2% door maneuvering space
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Repercussions of Mistakes
HUD, Advocacy Group, & Dept. of Justice lawsuits
Financial damages – Civil lawsuits by Owner on
“Architect Standard of Care” (negligence) vs.
Court decisions on ADA & Architects
Large Renovation Cost to remedy - $$$
E & O Insurance Premiums Increase
Dissatisfied clients
Reputation in community
>>Therefore, know the requirements. Learn
from mistakes & update standards at end of
project.
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Examples of Compliance Issues (P.1)
SLOPE & CROSS SLOPE
More than 2%
Walk looks like ramp
slope - needs
handrails per Code,
but not FHA.
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Examples of Compliance Issues (P.2)
CURB RAMPS
No curb ramps
allowed in access aisle
There is a very limited
use for projecting curb
ramps, and in specific
circumstances
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Examples of Compliance Issues (P.3)
FHA KITCHEN ISSUES
Required 40” clear
between countertop
edges is compromised
by refrigerator and
dishwasher.
No 30” x 48” parallel
to range; at “U” 60”
clear throughout
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Examples of Compliance Issues (P.4)
RAMPS
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Slope was
designed to be
under 5% - not a
ramp.
Ramp exceeds
5% in parts,
making it a
ramp needing
two handrails &
landings.
Examples of Compliance Issues (P.5)
GARAGE HT. FOR VAN
FHA does not require van stall
for residents, but ADA does
for public accommodation
(leasing office).
Ironically, there is 98” except
for the entry clearance sign!
Stall configuration
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Examples of Compliance Issues (P.6)
UNIT BATHROOM ISSUES:
FHA - TOILETS / TUBS
Poor installation can
make an FHA Spec B
bath into a Spec A bath
Consequence – 2
accessible bathrooms
needed
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Examples of Compliance Issues (P.7)
Toilet Centerline and Lavatory Centerline Issues
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Examples of Compliance Issues (P.8)
COMMON USE RESTROOM ISSUES
Grab bar length / location
Interference with grab bar
Lavatory pipe insulation
No 60” clear width at toilet
32” in front of toilet (48” CA)
Seat cover dispenser clear floor
space
Flush control on wide side
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Examples of Compliance Issues (P.9)
DOUBLE DOORS
ADA - Double doors require a
single leaf to provide 32” clear
width. 5’ pair does not comply
at common use areas; OK per
FHA at units. Inactive leaf
hardware.
Door maneuvering space
includes dimension
perpendicular to the door or
gate
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Examples of Compliance Issues (P.10)
Unit Door Maneuvering Space & Entry Walk Issues
Exterior of unit door is part of common use area –
door maneuvering space
Landings at Ramp direction change
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Examples of Compliance Issues (P.11)
Unit Door Width Issues
Rubber stops on 6’ sliders reduce compliant
door; 5’ sliders do not comply
ALL bedrooms and bathrooms must comply
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Examples of Compliance Issues (P.12)
Door to the stall is not on the wide side of the toilet;
Flush valve issue; Toilet paper dispenser issue.
Doors require 60” level landing. Cannot slope walk
up to door.
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Examples of Compliance Issues (P.13)
The transfer shower is not 36” x 36” clear
exactly, due to wall recesses.
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Gap Between Compliant Drawings
and Construction - Procedural Issues:
Don’t assume that Building Dept. catches all
errors. They don’t review & can’t waive ADA / FHA.
Contractor field changes can compromise
compliance. Architects must monitor.
Submittals - Architect needs to catch compliance
issues - Many “ADA” products do not comply!
Civil Engineers – Drainage vs. Access; Often
insufficient grade points and dimensions
Do not just quote standards, draw how to comply.
Construction tolerance - Absolute vs. Range
ADA, Codes & A117.1 change.
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Questions & Answers
Your moment of Zen.
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