Detectable warnings are not required on ramps and they are not required on curb ramps at non-signalized driveways.   In this photo, what purpose do the detectable warnings serve?  Are they provide to warn the pedestrian that they are about to level off?

Excess detectable warnings that serve no purpose.

Detectable warnings are only required within public right of ways where the pedestrian access route enters a crosswalk or other hazardous vehicular area.  Non-signalized driveways are not considered hazardous vehicular areas.

See section 68.102(b)(2): http://www.license.state.tx.us/ab/abrules.htm#68102

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.

The title of this blog post sums it up.  But to say it with a few more words, if you provide covered parking, you must provide covered accessible parking.

And to say it with even MORE words:

The Standards (TAS) do not specifically state that covered accessible parking must be provided, but this interpretation is supported by section 4.1.1(1)(b) and 4.1.2(5)(a).  Section 4.6.5 provides the vertical clearance requirement when covered accessible parking is provided.

4.1.1(1)(b) Appropriate Number and Location. The standards for determining the appropriate or minimum numbers contained in this document are considered minimal and the commissioner shall have the authority to make adjustments when it is determined that the standards would cause the numbers or locations to be insufficient to adequately meet the needs of people with disabilities based on the nature, use and other circumstances of any particular building or facility. In determining the appropriate number and location of a particular element, space, or fixture, the following factors shall be among those considered:

(i) population to be served;

(ii) availability to user;

(iii) location relative to distance and time;

(iv) location relative to isolation and separation;

(v) function of the building or facility; and

(vi) equal treatment and opportunity.

4.1.2(5)(a) If parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces complying with 4.6 shall be provided in each such parking area in conformance with Table 2 below (link).

Spaces required by the table need not be provided in the particular lot. They may be provided in a different location if equivalent or greater accessibility, in terms of distance from an accessible entrance, cost and convenience is ensured.

4.6.5 Vertical Clearance. Provide minimum vertical clearance of 114 in (2895 mm) at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces complying with4.1.2(5)(b), provide minimum vertical clearance of 98 in (2490 mm) at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s).

The requirement for covered accessible parking applies regardless of who the covered parking serves.  Examples include contract parking or Doctor/Executive parking.  However, it is acceptable to provide covered parking for commercial or fleet vehicles.  Also, valet-only parking facilities do not require accessible parking although it is recommended.

As is the case with many technical requirements, the confusion is not how to make something accessible but when is it required to be accessible.

Counter-tops are a great example since not all work surfaces are treated equally.

5% of common-use work surfaces are required to have knee clearance and shall not be higher than 34″.

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

But sales and service counters can be 36″ high since the person with a disability is not expected to spend much time at a service counter.

Sales and Service Counters, Teller Windows, Information Counters.

(1) In department stores and miscellaneous retail stores where counters have cash registers and are provided for sales or distribution of goods or services to the public, at least one of each type shall have a portion of the counter which is at least 36 in (915 mm) in length with a maximum height of 36 in (915 mm) above the finish floor. It shall be on an accessible route complying with 4.3. The accessible counters must be dispersed throughout the building or facility. In alterations where it is technically infeasible to provide an accessible counter, an auxiliary counter meeting these requirements may be provided.

In a dining area, if fixed counters are provided, then 5% of the fixed counters are required to be accessible, even if accessible tables are provided. There are no technical requirements for loose furniture, the Texas Accessibility Standards and the ADAAG only regulate the fixed seating and tables. This is a common violation in employee break rooms and delis where a bar height counter may be provided for dining and the need for accessible fixed counters is overlooked.

5.1* General.

(1) Except as specified or modified in this section, restaurants and cafeterias, including snack bars and other areas for obtaining or consuming food or drink, shall comply with the requirements of 4.1 to 4.35. Where fixed tables (or dining counters where food is consumed but there is no service) are provided, at least 5 percent, but not less than one, of the fixed tables (or a portion of the dining counter) shall be accessible and shall comply with 4.32 as required in 4.1.3(18).

And as previously discussed, work surfaces that are provided for employees to perform their job are not required to be accessible. There are a few places where this can get confusing. For instance, a working laboratory is not required to have accessible work surfaces, but an almost identical student laboratory is required to have accessible work surfaces since it is not an “employee work area”.  The issue gets fuzzy when you may have a research laboratory at a university where students are receiving credit for working in the lab.  Let the university lawyers figure that one out, it’s what they are paid for.

This is the start of the world’s most boring graphic novel: HandrailExtensions

If you want an interesting graphic novel, I would recommend, Batman: Arkham Asylum, Moebius: Airtight Garage or The Watchmen.

The Problem with Handrail Extensions by Jeromy Murphy is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.

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.

There seems to be some confusion on the applicability of the Texas Accessibility Standards and ADA within employee only areas.

First off, just because you are a CEO or a Doctor does not mean that you are superhuman and above the law.  The rules that apply to a Janitor also apply to a fancy-pants CEO or an ivy-league Doctor.

Now then, there is a difference between

Employee Only Areas

…..and

Employee Work Areas

Employee only areas may include work areas but they also include common use areas such as break rooms, locker rooms and toilet facilities that are not made available to the general public.

3.5.21 Common Use.

Refers to those interior and exterior rooms, spaces, or elements that are made available for the use of a restricted group of people (for example, occupants of a homeless shelter, the occupants of an office building, or the guests of such occupants).

Common use areas are required to be made accessible even if they are employee only.

Employee work areas, however, are not required to have accessible elements such as counter-tops, storage, sinks, etc.  Instead, employee work areas shall be designed so that a person with a disability can approach, enter and exit.

4.1.1(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.

Believe it or not, I have heard owners and architects make the claim that an area need not be accessible because a person with a disability could not perform the job.  That is for ADA Title I to determine.

There are a few areas where access is not required:

68.30 Exemptions

Raised Areas. Areas raised primarily for purposes of security, life safety, or fire safety, including, but not limited to, observation or lookout galleries, prison guard towers, fire towers, or lifeguard stands;

Single Occupant Structures. Single occupant structures accessed only by passageways below grade or elevated above standard curb height, including but not limited to, toll booths that are accessed only by underground tunnels;

Restricted Occupancy Spaces. Vertical access (elevators and platform lifts) is not required for the second floor of two-story control buildings located within a chemical manufacturing facility where the second floor is restricted to employees and does not contain common areas or employment opportunities not otherwise available in accessible locations within the same building;

Specific Employee Work Areas. Employee work areas, or portions of employee work areas, that are less than 300 square feet (28m²) in area and elevated 7 inches (180 mm) or more above the ground or finish floor where the elevation is essential to the function of the spaces; and dumpster pads/enclosures that are accessed exclusively by employees;

…and Fire Stations

68.104. Elements, Spaces and Accessible Routes at Fire Stations. (New section effective March 1, 2007, 32 TexReg 884)

At fire stations, common use spaces and elements accessed exclusively by fire-fighting personnel or other emergency responders are only required to be adaptable. Additionally, at multi-level fire stations, levels accessed exclusively by fire-fighting personnel are not required to be served by an accessible route. Public spaces and elements within these facilities must comply with all applicable technical standards.

In the case of the poor CEO that is forced to live with an accessible office, there is some good news, her private toilet room is permitted to be adaptable rather than fully accessible.

While doing some research on architectural barriers, I stumbled upon this fascinating letter written by an architect in an old copy of “Latest Erections of Architects” magazine:

“I have devised an amazing assembly that will revolutionize the architectural world.  It’s described as a series of horizontal planes or “footpads”, each vertically offset a standard height from the adjacent plane.  Each footpad would be the depth of a normal human foot and of sufficient width to allow passage of at least one but probably not more than 4 adult humans.  This series of footpads will be called a “verti-foot”. Imagine that a pedestrian approaches the verti-foot and places his right foot (or her right foot, there is nothing to suggest that this novel invention could not also be operated by women) on the first footpad. By shifting his weight completely to his right foot, he would increase his vertical elevation by the elevation of the footpad.  The left foot is now free to move to the elevation of the second footpad and the process of shifting weight and increasing his elevation would continue, alternating right and left feet.  Those who are clever and architecturally literate will now begin to see how this contraption could be useful.  For if a significant number of footpads were joined together to create a verti-foot of sufficient vertical elevation, the pedestrian could elevate himself above the height of other pedestrians.  “What usefulness!” I’m certain the police and others involved in security may exclaim as they could elevate themselves to a better viewpoint to keep an eye on crowds or to watch for provocateurs.  But there is another clever potential use that only the more resourceful or commercially minded would recognize: if the roof of a building could be lifted and in its place an additional floor of sturdy wood slats and planking constructed above the “lower” floor leaving enough vertical clearance between to allow passage of a sizable male, a verti-foot could be conveniently located to provide a vertical passageway to the “upper” floor.  Now the floor area of the building has almost doubled without need for more real estate.  I’m afraid that the poor realtor may now see his profits cut in half, but such is progress.  The only possible limiting factor to the verti-foot is that only pedestrians will be able to appreciate its benefits.  Sadly, our brave war veterans and the infirm who find themselves restrained by wheeled chairs will not find much use for the verti-foot since the vertical changes would create a sort of “architectural barrier”.  Perhaps a modified verti-foot, called a “verti-lever”, with slightly angled and continuous footpads that did away with the sudden vertical changes may act as a sort of lever to allow even a wheeled chair to ascend, but this technology is probably not possible even within this industrious century.”

Unfortunately, the author’s name was obscured by a cigarette burn and we will never know the name of this architectural genius….unless I try to find another copy, but really, who has time for that?

Sometimes it’s easier to learn what you don’t have to do rather than to learn….uh…this sentence is going nowhere fast.

Anyway, here in Texas, we have the Texas Accessibility Standards (TAS).  But these are just a set of building requirements.  They don’t tell you what is subject to compliance.  To know what facilities are subject to compliance with the TAS, you must take a look at the TDLR Architectural Barriers Administrative Rules (there are no short titles in this business).

Section 68.20 lists facilities that must comply with the TAS.

But better than that is Section 68.30 that tells you what does not have to comply.

Specifically, these are exemptions from the Act (aka, Texas Government Code, Chapter 469, Elimination of Architectural Barriers (aka, the Texas Architectural Barriers Act)).  When you are exempt from the Act, you are also exempt from the Texas Accessibility Standards.

68.30. Exemptions.

The following buildings, facilities, spaces, or elements are exempt from the provisions of the Act:

(1) Federal Property. Buildings or facilities owned, operated, or leased by the federal government;

(2) Construction Sites. Structures and sites directly associated with the actual processes of construction, including, but not limited to, scaffolding, bridging, materials hoists, materials storage, construction trailers, and portable toilet units provided for use exclusively by construction personnel on a construction site;

(3) Raised Areas. Areas raised primarily for purposes of security, life safety, or fire safety, including, but not limited to, observation or lookout galleries, prison guard towers, fire towers, or lifeguard stands;

(4) Limited Access Spaces. Spaces accessed only by ladders, catwalks, crawl spaces, or very narrow passageways;

(5) Machinery Spaces. Spaces accessed primarily by service personnel for maintenance, repair, or occasional monitoring of equipment. Machinery spaces include, but are not limited to, elevator pits, elevator penthouses, mechanical, electrical, or communications equipment rooms, piping or equipment catwalks, water and sewage treatment pump rooms and stations, petroleum and chemical processing and distribution structures, electric substations and transformer vaults, environmental treatment structures, and highway and tunnel utility facilities;

(6) Single Occupant Structures. Single occupant structures accessed only by passageways below grade or elevated above standard curb height, including but not limited to, toll booths that are accessed only by underground tunnels;

(7) Restricted Occupancy Spaces. Vertical access (elevators and platform lifts) is not required for the second floor of two-story control buildings located within a chemical manufacturing facility where the second floor is restricted to employees and does not contain common areas or employment opportunities not otherwise available in accessible locations within the same building;

(8) Places Used Primarily for Religious Rituals. An area within a building or facility of a religious organization used primarily for religious ritual as determined by the owner or occupant. To facilitate the plan review, the owner or occupant shall include a clear designation of such areas with the plans submitted for review. This exemption does not apply to common use areas. Examples of common use areas include, but are not limited to, the following: parking facilities, accessible routes, walkways, hallways, toilet facilities, entrances, public telephones, drinking fountains, and exits;

(9) Specific Employee Work Areas. Employee work areas, or portions of employee work areas, that are less than 300 square feet (28m²) in area and elevated 7 inches (180 mm) or more above the ground or finish floor where the elevation is essential to the function of the spaces; and dumpster pads/enclosures that are accessed exclusively by employees;

(10) Van Accessible Parking at Garages Constructed Prior to April 1994. Parking garages where construction was started before April 1, 1994, and the existing vertical clearance of the garage is less than 98”, are exempted from requirements to have van-accessible parking spaces located within the garage. If additional surface parking is provided, the required van accessible parking spaces shall be located on a surface lot in closest proximity to the accessible public entrance serving the facility; and

(11) Residential Facilities. Those portions of public or privately funded apartments, condominiums, townhomes, and single-family dwellings used exclusively by residents and their guests.

#9 Specific Employee Work Areas, is a very popular exemption, but the height must be “essential to the function of the space”.  It is not acceptable to just arbitrarily elevate areas to avoid providing access.

#11 exempts residential facilities from the TAS, but does not address applicability of the Fair Housing Act.

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

Front approach maneuvering clearance at accessible doors.