ADA SEMINAR1

Seminar #1: Accessible Parking, Passenger loading Zones , Bus Stops

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Brief overview of federal and state disabled access compliance development Parking and passenger loading zone requirements and signage in California Access from public right of way including bus stop requirements Typical construction and design errors and their impact on construction and design costs Personal injury exposure regarding barriers to access as a contributory component “Tales from the Crypt”- simple errors that detract from otherwise compliant design and construction

• ANSI 117.1 – 1961, et seq. (basis of U.S. accessibility standards) • Civil Right Act of 1964; Voting Rights Act of 1964 Civil Rights Act of 1968 • ABA of 1968 – Architectural Barriers Act of 1968 (Federal Facilities) • Rehabilitation Act of 1973 – Section 504 (Programs) • Education of All Handicapped Children Act of 1976 (IDEA) • Uniform Federal Accessibility Standards (UFAS) (1984) (Federal Facilities) • Fair Housing Amendments Act of 1988 (FHA) • Americans with Disabilities Act of 1990 (ADA) • ADAAG (Americans with Disabilities Act Accessibility Guidelines 1994)

Divided into Five Sections – Title II and Title III Pertain to the Design and Construction of the Build Environment for New Construction and Alterations:  Title I – Employment Policies and Practices, and Access to Workplace  Title II – State, County and Municipal Governments and Special Public Districts, i.e., Water, Airports, Ports, Transportation Facilities, Parks, Public Rights of Way, etc. Includes Programs, Services, Buildings and Facilities that are Publicly Funded. Includes State Funded Housing.  Title III – Public Accommodations – Programs, Services and Facilities Available to the Public that are Privately Funded, i.e., Stores, Offices, Hotels, Medical Offices, Hospitals, Restaurants, Amusement Parks, etc.  Title IV – Telecommunications – Requires phone companies to provide relay services for persons with hearing or speech impairments  Title V – Misc. instructions to federal agencies that enforce the law

ADAAG – Guidelines re design criteria to ensure access to man-made environment The Access Board authors and administrates ADAAG (Americans with Disabilities Act Accessibility Guidelines).

ADAAG defines standards for the design of regular elements, e.g. accessible routes, parking access entry to facilities, sanitary facilities, stairs, ramps, signage, etc.

ADAAG provides requirements for public access occupanciesall service providers, assembly areas, restaurants, retail stores, hotels, etc.

ADA and ADAAG standards do not apply to Federal Projects FHA applies to housing, except for common purpose facilities within and rental offices, etc.

FHA (1988) published prior to ADA (1990), but ADA has more „recognized‟ scoping requirements ADAAG (derived from ADA) 1st published 1991 The 1994 ADAAG is currently the standards enforced by DOJ Various revisions post 1994, i.e. 1998, 2002 and latest from 2004 not taken cognizance of- YET But they‟re coming, so take note…

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New ADA/ABA 2004 guidelines - basis for IBC & our own CBC Adopted by DOD, DOT, USPS & GSA Not yet adopted by HUD & DOJ “All very exciting, but what‟s it mean to me?”

The 1994 guidelines still apply (Federally), but the 2004 is creeping in & will be „the‟ benchmark, so get familiar with them

1959 – Unruh Civil Rights Act, Sections 51 through 51.3 - Protection from discrimination by business establishments incl. housing and public accommodations on basis of sex, race, color, disability, etc.

Legal remedies (the refuge of plaintiff attorneys) include out of pocket expenses, damages of emotional distress, and Exemplary Damages- the treble damages rule 1968 – California Government Code 4450 – Responds to Federal ABA of 1968 - Required access to publicly funded buildings statewide.

ANSI 117.1 is basis 1970 – Health & Safety Code (H&SC) 19955 – includes privately funded properties 1973 – Amendment to H&SC – 19959 – Clarification that alterations don‟t trigger making entire building accessible – just area of remodel, path to the area and sanitary facilities and then working down the list in a hierarchy

1975- Rapaport Study – UC San Diego evaluates campuses for accessibility: 1977- UC Campuses statewide develop and implement accessibility plans to achieve compliance with Section 504 1982- California Building Code with Accessibility Standards adopted by Building Standards Commission California Building Code (CBC) updated with additional accessibility regulations triennially from 1985 on 2006- We finally get the IBC (with California amendments and inclusions from 2004 ADA/ABA

1129B.1 General. Each lot or parking structure where parking is provided for the public as clients, guests or employees, shall provide accessible parking as required by this section. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel (complying with Section 1114B.1.2) from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility.

In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. Table 11B-6 establishes the number of accessible parking spaces required.

1129B.2 Medical Care Outpatient Facilities. At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with this section shall be provided in accordance with Table 11B-6 except as follows: Outpatient units and facilities. Ten percent of the total number of parking spaces provided serve each such outpatient unit or facility.

Units and facilities that specialize in treatment or services for persons with mobility impairments. Twenty percent of the total number of parking spaces provided serve each such unit or facility.

ADAAG: THE ACCESS AISLE SHALL BE A MINIMUM OF 60 INCHES (1525 MM) WIDE FOR CARS OR A MINIMUM OF 96 INCHES (2440 MM) WIDE FOR VANS. THE ACCESSIBLE ROUTE CONNECTED TO THE ACCESS AISLE AT THE FRONT OF THE PARKING SPACES SHALL BE A MINIMUM OF 36 INCHES (915 MM).

STATE: REQUIREMENTS MORE SIGNIFICANT

Sloping Requirements – Need to be cognizant of cross slope and direct slope

UNAUTHORIZED VEHICLE WARNING SIGNAGE

How the codes see it: ABA/ADA ‘04- No requirements ADAAG ’91- No requirements CBC ‘07- Required per 1129B.4, but no diagram, just description

AT EACH VEHICULAR ENTRY

1131B.1 Location. When provided, passenger drop-off and loading zones shall be located on an accessible route of travel (complying with Section 1114B.1.2) and shall comply with 1131B.2.

1131B.2 Passenger loading zones.

General. Where provided, one passenger drop-off and loading zone shall provide an access aisle at least 60 inches (1524 mm) wide and 20 feet (6096 mm) long adjacent and parallel to the vehicle pull-up space.

Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding one unit vertical in 50 units’ horizontal (2percent slope) in all directions. If there are curbs between the access aisle and the vehicle pull-up space, a curb ramp shall be provided.

Each passenger drop-off and loading zone designed for persons with disabilities shall be identified by a reflectorized sign, complying with 1117B.5.1 Items 2 and 3, permanently posted immediately adjacent to and visible from the passenger drop-off or loading zone stating “Passenger Loading Zone Only� AND including the International Symbol of Accessibility, in white on dark blue background.

Vertical clearance. Provide minimum vertical clearance of 114 inches (2896 mm) at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrances and exits.

1121B.1 General. Every station, bus stop, bus stop pad, terminal, building or other transportation facility, shall incorporate the accessibility requirements of this code as modified by this chapter…

1121B.2 Bus stops and terminals.

1121B.2.1 New construction. Where provided, bus stop pads shall have a firm, stable surface with a minimum clear length of 96 inches (2438 mm) (measured from the curb or vehicle roadway edge) and a minimum clear width of 60 inches (1524 mm) (measured parallel to the vehicle roadway) to the maximum extent allowed by legal or site constraints. Bus stop pads shall connect to streets, sidewalks or pedestrian paths as part of an accessible route complying with Section 1114B.1.2. Newly constructed bus stop pads must provide a square curb surface between the pad and road or other detectable warning in accordance with Section 1133B.8.5.

Bus stop pads shall be at same slope as roadway in the direction parallel to roadway, and maximum one unit vertical in 2 units’ horizontal (50-percent slope) perpendicular to roadway. “(Should read 2-percent slope)” Where provided, bus stop shelters shall be installed so as to permit a wheelchair user to enter the shelter from the public way and access a clear floor area of 30 by 48 inches (762 mm by 1219 mm) complying with Section 1118B.4, completely within the shelter. Such shelters shall be connected by an accessible route to the boarding area. Where provided, all bus route identification signs shall comply with Section 1117B.5.1 Item 2.

Only approved DSA-AC detectable warning products and directional surfaces shall be installed as provided in the California Code of Regulations (CCR), Title 24, Part 1, Articles 2, 3 and 4. Refer to CCR Title 24, Part 12, Chapter 12-11A and B, for building and facility access specifications for product approval for detectable warning products and directional surfaces.

Detectable warning products and directional surfaces installed after January 1, 2001, shall be evaluated by an independent entity, selected by the Department of General Services, Division of the State Architect-Access Compliance, for all occupancies, including transportation and other outdoor environments, except that when products and surfaces are for use in residential housing, evaluation shall be in consultation with the Department of Housing and Community Development. See Government Code Section 4460.

1121B.2.2 Bus stop siting and alterations.

Bus stop sites shall be chosen such that the areas where lifts or ramps are to be deployed comply with Section 1121B.2.1.

Wheel Stops Versus Bollards?? Wheel stops are referenced in the code, but bollards can prevent a host of issues‌

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Built-up curb ramp projects into access aisle The accessible parking space and access aisle is not level in all directions No accessible route from accessible parking to an accessible entrance No van-accessible spaces are provided in the parking area Access aisle on wrong side of accessible stall Lack of signage, incl. directional signage

Arcor, Inc.

12440 Worsch Drive, San Diego, CA 92130 Tel: (858) 481-4494; Fax (858) 481-4146 www.arcor-inc.com; steve@arcor-inc.com

Prepared by Steven E. Schraibman, AIA, CPE For UCSD 8/18/10 Arcor, Inc., 2010Š