When are Automatic Door Openers Required?

There is a complaint that the new City Hall in Dickinson, Texas does not have an automatic opener, causing difficulty for some (at least one) user.  Here is the original article:

Handicapped resident complains about new city hall

Fire Marshall Hicks is correct that automatic door openers are not required.  Although, door openers are a real convenience, they are not required by the Texas Accessibility Standards or the ADAAG.

However, automatic openers are often installed on doors to address other accessibility issues.

Doors are required to have level areas on either side of the door to permit a wheelchair, scooter or stroller user to maneuver close enough to the door to turn the lever and pass through.  These maneuvering clearances vary depending on the approach to the door and the type of hardware provided.

Front approach maneuvering clearance at accessible doors.

Although the maneuvering clearance is required to be level (1/4″ per foot maximum slope), construction errors or existing conditions will sometimes result in slopes that exceed the allowable slope.  Rather than jack-hammering out all of the concrete, the owner can install an automatic opener.  The minimum maneuvering clearances are not required at doors that are equipped with openers.

If you install a door opener, the push-button (if provided) is required to be on an acessible route and have a level clear floor space (30″ by48″).  And please don’t place the push-button within the swing of the door.

Wheelchair Turning Space in Janitor’s Closets

I can’t believe that I have waited this long to write this post considering that this question is asked at least once a week.

The Texas Accessibility Standards, and similarly the ADAAG, requires that most areas be designed so that a person in a wheelchair could enter and leave the space.  For employee work areas, this is the only requirement:

4.1.1 Application. (3) Areas Used Only by Employees as Work Areas. Areas that are used only as work areas shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the areas. These standards do not require that any areas used only as work areas be constructed to permit maneuvering within the work area or be constructed or equipped (i.e., with racks or shelves) to be accessible.

Even a Janitor’s Closet must meet the requirement for approach, entry and exit.  This may require a 60″ diameter turning space (or T-turn, see 4.2.3).   The big concern is that a person could become trapped within a small space if the door were to close behind the wheelchair and a 180 degree turn was not possible.  However, if the space is so small that a wheelchair (presumably occupying a rectangular space that is 30″ by 48″) cannot maneuver beyond the swing of the door, a turning space is not required.

Examples of closets with and without turning space required.

Electrical, mechanical or IT closets are exempt from this requirement, but if a closet serves dual purpose Janitor/Mechanical, access is required.

HB 1055 gives you more time to forget to submit.

The Texas Legislature did accomplish a few things.  One of those is HB 1055 that is headed to the Governor’s desk.

This bill that should go into affect September 1, 2009, changes the deadline for submitting construction documents for TAS review to 20 days after the issue date.  Currently, documents must be submitted to a Registered Accessibility Specialist or TDLR within 5 days of the issue date.

68.50. Submission of Construction Documents. (New rule section effective November 5, 2001, 26 TexReg 8807; amended effective February 1, 2005, 30 TexReg 382; amended effective March 1, 2007, 32 TexReg 884)

(a) An architect, interior designer, landscape architect, or engineer with overall responsibility for the design of a building or facility subject to §469.101 of the Act, shall mail, ship, or hand-deliver the construction documents along with a Proof of Submission form to the department, a registered accessibility specialist, or a contract provider not later than the fifth day after the plans and specifications are issued. In computing time under this subsection, a Saturday, Sunday or legal holiday is not included.

Many design professionals have gotten confused by the definition of “issue“.

(15) Issue–To mail, deliver, transmit, or otherwise release plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for the purpose of construction, applying for a building permit, or obtaining regulatory approval after such plans have been sealed by an architect, interior designer, landscape architect, or engineer. In the case of a state-funded or other public works project, it is the time at which plans or specifications are publicly posted for bids, after such plans or specifications have been sealed by an architect, interior designer, landscape architect, or engineer.

This definition really has nothing to do with the dates that appear on your drawings.  You can sign, seal and label your documents, “Issued for Permit and Construction June 5, 2009″ then stick those drawings under your desk for 6 months.  December 5, 2009 you pull those drawings out and take them to the City for permit.  Even though the documents have an old date, the issue date is December 5, 2009, the date the documents left your control.  If you forget to submit for review, it does not help to change the date on your drawings.

This change in the submission time probably won’t help that many designers.  If you forget to do it in the first week, you will probably forget in the next three weeks.

Don’t forget to send in your Proof of Submission to record that issue date.

Are built-in shoe shine stands required to be accessible?

This post references the Texas Accessibility Standards, but on this issue the ADAAG is the same.

“Is it built-in?” If no, then there are no requirements since TAS does not apply to furniture.

Assuming that it is built-in and therefore subject to TAS, we could look to section 4.32 for fixed or built-in seating and tables. The first section of the chapter reads:

4.32.1 General.(1) Fixed or built-in seating or tables required to be accessible by 4.1 shall comply with 4.32.

Let’s take a look at 4.1 to see if shoe-shine stands are mentioned……flip, flip, flip….flip….

4.1.3(18) If fixed or built-in seating or tables (including, but not limited to, study carrels and student laboratory stations), are provided in an accessible public or common use area, at least five percent (5%), but not less than one, of the fixed or built-in seating areas or tables shall comply with 4.32. An accessible route shall lead to and through such fixed or built-in seating areas, or tables.

Ok, back to 4.32. …..flip (good thing I kept my finger on the page)…. Here are the remaining sections of 4.32:

4.32.2 Seating. If seating spaces for people in wheelchairs are provided at fixed tables or counters, clear floor space complying with 4.2.4 shall be provided. Such clear floor space shall not overlap knee space by more than 19 in (485 mm) (see Fig. 45).

4.32.3 Knee Clearances. If seating for people in wheelchairs is provided at tables or counters, knee spaces at least 27 in (685 mm) high, 30 in (760 mm) wide, and 19 in (485 mm) deep shall be provided (see Fig. 45).

4.32.4* Height of Tables or Counters. The tops of accessible tables and counters shall be from 28 in to 34 in (710 mm to 865 mm) above the finish floor or ground.

None of these sections impose a requirement on the shoe-shine stand since there are no tables or counters provided. Therefore, the only thing necessary to comply would be to have an accessible route to the stand.

Gallery Furniture Fire and High-Piled Combustible Storage

Ok, so this is NOT a post about Architectural Barriers.  Someday I will have another blog devoted to other building code issues, but until then, this will have to do.

If you aren’t from Houston, you might not be aware of the notoriety of Gallery Furniture and its exuberant owner Jim McIngvale (aka, Mattress Mack).  The famous furniture store with humble beginnings was struck by a major setback last Friday when the main warehouse behind the showroom was completely consumed in a fire.  The cause is still being investigated although it there are indications it could have been a generator.

1. How does a modern warehouse building, equipped with sprinklers, fire alarms, cctv cameras, fire extinguishers and other fire safety devices become completely consumed in a fire?
2. Shouldn’t these measures prevent fires?
3. In the case of this fire, did the building code fail?

Some answers:

1. Buildings are complicated, fires are more complicated.  The investigators will issue a report that will likely influence future building code publications.
2. No, the code requirements will slow down fires.  Buildings codes primarily protect people, buildings are secondary.
3. No, since the only thing that was lost was a warehouse full of furniture and the fire did not spread to adjacent structures.

This warehouse was considered “high-piled combustible storage” .  Without going into detail, this means that the materials are stacked high and will burn, simple enough.  When a warehouse is classified as “high-pile” special fire safety requirements may apply.  The City of Houston references the Fire Code (www.iccsafe.org) for “high-piled” requirements.  These include sprinklers, smoke vents, fire-personnel access doors, maximum volume of materials.  The purpose of these special regulations is to allow the occupants time to escape and to give the fire department the time and tools they need to contain the fire.

I hope that McIngvale will see a quick recovery and that his new warehouse will be built as good as his old one.

If you want more information about high-piled combustible storage, please email me at jmurphy@acico.com.

Detectable warnings on curb ramps

Why are detectable warnings a requirement for curb ramps?

The purpose of a detectable warning is to warn a person with vision impairments that they are entering a hazardous vehicular area not to notify them that they are about to walk on a curb ramp.

Then there is this baffling FAQ from TDLR.

Q9: Is a detectable warning required when a sloped walkway leads to a street?
A: No. For purposes of TAS, the only locations required to have detectable warnings are curb ramps and platform edges in transportation facilities. See TAS 4.7.4. and TAS 10.3.1. Other designs for surfaces that are detectable underfoot may also be submitted for consideration. See TM 99-15.

So even if the “sloped walkway” leads directly into oncoming traffic, detectable warnings are not required.

Wouldn’t it make more sense to require detectable warnings where a pedestrian route enters a hazardous vehicular way rather than have them as a requirement for curb ramps?

Comments would be appreciated.

Contrasting Curb Ramps and Detectable Warnings

To quote the TDLR Technical Memorandum 08-01, “With the intention of harmonizing both State and Federal requirements, the Department issues the following technical clarifications regarding surface texture requirements at curb ramps.”

TM 08-01 then goes on to confuse the issue further by treating differently curb ramps within the public ROW (right of way) and those that are not within the ROW.

From the Texas Accessibility Standards (italics denote a change from the ADAAG):

4.7.4 Surface. Surfaces of curb ramps shall comply with 4.5.

(1) Textures shall consist of exposed crushed stone aggregate, roughened concrete, rubber, raised abrasive strips, or grooves extending the full width and depth of the curb ramp. Surfaces that are raised, etched, or grooved in a way that would allow water to accumulate are prohibited.

(2) For purposes of warning, the full width and depth of curb ramps shall have a light reflective value and texture that significantly contrasts with that of adjoining pedestrian routes.

Contrasting curb ramp on private property.

Per TM 08-01, section 4.7.4(1) & (2) do not apply to curb ramps within the public ROW.  Instead, these curb ramps shall have detectable warnings that comply with section 4.29.2:

4.29.2* Detectable Warnings on Walking Surfaces. Detectable warnings shall consist of raised truncated domes with a diameter of nominal 0.9 in (23 mm), a height of nominal 0.2 in (5 mm) and a center-to-center spacing of nominal 2.35 in (60 mm) and shall contrast visually with adjoining surfaces, either light-on-dark, or dark-on-light.

The material used to provide contrast shall be an integral part of the walking surface. Detectable warnings used on interior surfaces shall differ from adjoining walking surfaces in resiliency or sound-on-cane contact.

The ADAAG(1991) and the revised ADA/ABA Guidelines(2004), do not specify contrast for curb ramps.  The contrast is a requirement for the detectable warnings which are required to be provided on curb ramps.

There is no conflict for curb ramps within the ROW; the contrast is only required on the detectable warnings.  The remainder of the curb ramp may be plain concrete.

If a curb ramp is not located within the ROW, section 4.7.4(2) still applies; the full width and depth of the curb ramp shall contrast with adjoining pedestrian routes even if detectable warnings are not used.

Don’t try too hard to understand it.  This story is not over.

Get out of my way…in memory of Mike

Last Saturday, a member of my office family passed away from a battle with cancer.

At the memorial service, the pastor told a story about Mike’s Baptism.  As a Baptist, they do full immersion.  The pastor had not considered the fact that Mike, a wheelchair user,  might not be able to climb the 6 steps up to the Baptistry.

It is worth mentioning that areas of religious ritual are exempt and are not required to be accessible.

The story continued:

Pausing in the middle of the service, the Pastor began to panic.

He whispered to Mike, “We could get some help to carry you up.”

Mike replied, “That’s ok, I can manage.”

“Do you want to lean on me?” continued the pastor, trying to be helpful.

Mike was much more able than our bias would let us believe.  He said, “Just get out of my way.”

This is how I will remember Mike.

He cold-called me one day to inquire about work.  We talked for awhile about being a Registered Accessibility Specialist and the minimum requirements.  Since his background was solely in construction, I was not expecting to hear back from him.  A few weeks later, he called to say that he had gotten the State to pay for his attendance at the Texas Accessibility Academy.  In the end, I did nothing but get out of his way and let him work.

When I was training him to inspect buildings for compliance with the Texas Accessibility Standards, I had to remind him that he was not inspecting for himself.  A narrow door or 6″ curb were no barriers to him, a steeper ramp was just a minor annoyance.  The Standards are written for the sake of those who are nowhere near as strong as Mike (or stubborn, he apparently mowed the grass with a push mower strapped to the back of his chair).

Listen, Architects.  When it comes to designing buildings, just get out of the way. That’s all.  Don’t design barriers into your buildings.  There are plenty of people, like Mike, that are not looking for special accommodation.  They just want you to get out of the way so they can work, play, eat, worship, gather….

Mike,

I will miss you.  You are a real inspiration to me.  And I think you gave me way too much credit.

Peace be with you, until we meet again.

Jeromy.

Disabled Access Tax Credit

Did you know that there is a tax credit available for small businesses that remove architectural barriers. That’s a tax CREDIT, not just a deduction, equal to half of the expenditures for eligible accommodations that are above $250.  The maximum credit is $5000.

The following is excerpted from: Center for Disabilities Issues and the Health Professions

The credit is available every year and may be used for a variety of costs such as:

• Sign language interpreters for employees and/or customers who have hearing impairments;
• Readers for employees and/or customers who have visual impairments;
• Purchase of adaptive equipment or the modification of equipment;
• Production of print materials in alternate formats (e.g., Braille, CD, audio tape, large print); and
• Removal of barriers, in buildings and transportation, that prevents a business from being accessible to, or usable by, people with disabilities.

“Most importantly for the purpose of the practitioner, Code Section 44 requires that eligible access expenditures must be reasonable and necessary to comply with the ADA requirements.”

My focus is on the removal of barriers.  For instance, a lawyer could use this tax credit, to build a ramp to the front entry and an accessible toilet room in an existing office space.  But the bigger issue is providing service to individuals with hearing or vision impairments.

A recent Freakonomics article “The Price of Disability Law“, concluded that the added cost of hiring a sign-language interpreter for a patient with a hearing impairment was a disincentive for a doctor to provide services for people with disabilities.  The article also references a lawsuit where a Dr. was ordered to pay $400,000.00 to a deaf patient. The doctor was probably not aware of the tax incentive that could have gone a long way to covering his expenses related to serving this particular patient.

Thanks to www.jenxer.com for reminding me of this tax credit.

Uhhh….I’m left speechless.

I saw this on the west side of Houston this week.

I even went into the store and asked that they remove the sign…..it was still up the next day.