Curb Ramps v. Ramps

Curb Ramps are not Ramps.  Oddly, there seems to be some confusion about this.

To keep it simple, if there is no curb, it’s a ramp.

But to answer all of those questions that go beyond “keeping it simple” print out 50 copies of CurbRampVRamps and glue them liberally to desks throughout your office.

Your coworkers will thank you.

You will be replaced by a computer

I tested out a trial copy of the Solibri Model Checker.

“Solibri Model Checker™ is out of the box software solution (Patent Pending) that analyzes Building Information Models for integrity, quality and physical safety.”

It claims to have the ability to check a BIM model for compliance with life safety and accessibility codes.  The ADA/ABA Guidelines are preloaded and the rules can apprently be customized.

The trial comes with an example model and when I ran the check, it did sucessfully identify some violations.  However, it will probably be a while before I can fire my staff and replace them with a CAD Monkey.

The problem is this: No matter how good the software is, if the model is crap, the report is crap, or to put it simply GIGO (Garbage In, Garbage Out).

What’s the point of using advanced BIM software if you are providing 2D detail?

If anyone has a not-too-complex BIM model they want me to test out, please contact me.

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.

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.

Guess the Question: fair housing act curb on shower

Today,  somebody found this site by searching for “fair housing act curb on shower”.  In the spirit of Carnac the Magnificent, I will attempt to divine the question based simply on this query.

Oooooommmmm, OOOOOOOmmmmmm, UUUUhhhhhhhh….I mean , OOOOOOOmmmmmm

“In a dwelling unit, subject to the Fair Housing Act Design Requirements, can a shower have a curb?”

Great question!  Yes, a shower may have a curb of any height.  In covered dwelling units, you are only required to provide a clear floor space at the shower; there are no prohibitions or  specifications for curbs.

If you are designing a Type A unit, then either an accessible shower or bathtub is required.  If you choose to make the shower accessible, you will be limited to a 1/2″ high curb.

I hope that adequately questions the answer that you were seeking.

Fair Housing Ordinance put to the test in Houston

This is an interesting report.  The Fair Housing Act has design requirements for new construction of multi-family housing, but the Act also protects individuals with disabilities from discrimination in the sale or rental of housing.

Putting New Ordinance to Legal Test

March 18, 2009

by: Pat Hernandez

A Houston homeowner is being sued for discrimination for not selling his home to a neighbor. The suit filed by the city marks the first test of Houston’s fair housing ordinance. Pat Hernandez has the story.

Godzilla vs. Disability Law

I bet you did not know that Godzilla was a civil rights pioneer.  Before President Johnson signed the Architectural Barriers Act in 1968, Godzilla was crushing people with disabilities without prejudice.  Before we had the Fair Housing Act, Godzilla was indiscriminately destroying the homes of people regardless of their abilities, race, religion or familial status.

Click on the little one to get the big one.

A timeline comparing Godzilla Movies and Disability Law