Harmony

PRESENTED BY

STEVE SCHRAIBMAN, AIA, CPE, CASp

ARCOR, INC.

Origin of the Species (Sorry, Charles)

• Derived from the 2004 ADAAG. • Intent-­‐ to HARMONIZE federal and state requirements • For states that have adopted the ‘03 or ‘06 IBC , incl. ANSI A117.1-­‐2003 Accessibility Standards, then most of federal requirements already being met

To Whom Does It Apply • For new construcWon or alteraWons beginning on o r a X e r 3 / 1 5 / 1 2 , a covered public or private enWty must comply with the 2010 Standards.

The Three Phases of Life • Buildings constructed prior to 9/14/10 • Buildings constructed 9/15/10 -­‐ 3/14/12 • Buildings constructed aXer 3/15/12 But What about Title II and Title III? Where Does This Fit In?

Title II vs. Title III Title II (Yes, that’s you) • State and local government faciliWes-­‐ 28 CFR 35.151 • 28 CFR 35.105 -­‐ programing • ExcepWon-­‐ TransportaWon faciliWes • Applies to universiWes, colleges, schools, state and local government faciliWes • State and local government must follow 2010 standards

Title III (may also include you) • Public accommodaWons and Commercial faciliWes-­‐ 28 CFR part 36, subpart D • Applies to all aspects of commerce, private industry • Note: Federal government isn’t defined as a public enWty-­‐ covered by secWons 501 & 504 of RehabilitaWon Act of 1973

Follow 2010 Standards incl. T-­‐II (28 CFR 35.151) & 2004 ADAAG (36 CFR part 1191, app. B & D)

Title II vs. Title III-­‐ Examples • A privately owned • A city owns an office restaurant on state land building with commercial must meet Title III, while faciliWes such as a the land itself must meet restaurant and a book Title II shop on the first floor.

• The land owner must • The city’s faciliWes are ensure contractually that located above the first the operaWon of the floor, where it must meet restaurant doesn’t Title II requirements impinge on its ability to • The commercial enWWes meet Title II requirements must meet Title III requirements

Let’s take a closer look at Title II

And, for comparison purposes… Title III

Where have we seen this before

Examining the chapters

Chapter 2 Scoping Requirements

Moving right along Chapter 3: Building Blocks

Chapter 4: Accessible Routes

Chapter 5: General site & Building Elements

Chapter 6: Plumbing Elements & FaciliQes

Chapter 7: CommunicaQon elements & Features

Chapter 8: Special Rooms, Spaces & Elements

Chapter 9: Built-­‐In Elements

• Chapter 10: RecreaWon FaciliWes

Is there a ‘Grandfather’ clause?

• ‘10 regulaWons provide a “safe harbor” for building elements that comply with ‘91 standards, unless being altered/renovated • Of course if there were no standards in ‘91 for a building type then there is no exempWon, e.g. play areas, swimming pools, dwelling units of residenWal faciliWes

Program Accessibility • As of 3/15/12 program accessibility will be measured with reference to ‘new’ standards • Title III requires barrier removal to the extent it’s “readily achievable” • Title II requires that programs be accessible in their enWrety-­‐ unless it creates an “undue burden” or “fundamental alteraWon” • Now, let’s look at some highlights…

Swimming pools & spas

When do the new requirements apply?

March 15, 2010, well actually…

There is a last minute extension

Service Animals • Needs to be on a leash

Miniature Horses & Dogs