Transcript Basics Refresher Glendon Deal, P.E.

“Making Rural Development
Multifamily Projects
Accessible”
Based on work by Larry Fleming
Agnieszka Kisza
1
Accessibility Laws
Four Federal laws impact accessibility for MFH projects:
• Section 504 of the Rehabilitation
Act (1973)
• The Fair Housing Amendments
Act (1988)
• Americans With Disabilities Act
(1991)
• The Architectural Barriers Act
(1968)
2
Where it applies?
ACT:
APPLIES TO:
1. Americans with Disabilities
Act
All facilities which provide “public
accommodation” and commercial facilities;
2. Section 504 of the
Rehabilitation Act (UFAS – 5%
fully accessible)
Federally funded facilities and programs;
3. Fair Housing Amendments Act Federally funded and privately funded
(2 story townhouses excluded)
housing, guaranteed loans (Design
requirements apply to facilities with four or
more units) – new construction;
4. Architectural Barriers Act (ABA)
Federally owned and leased facilities (and
“public” space financed by the Federal
government).
3
Examples of most common Site Plan
accessibility problems:
No accessible route connecting major
elements on site: parking-office-apartmentall amenities and public transportation.
There are prescribed maximum slopes to comply with
law: the slope of walking surfaces in walking direction
should not exceed 1:20 (5%), accessible parking not
steeper than 1:50 (2%), ramps not steeper than 1:12
(8.333%), ramp landing 2% slope maximum, sidewalk in
front of exterior door on the accessible route 2%
maximum.…
4
1. NO OPEN
RISERS
ALLOWED,
(VISUALL
IMPAIRED/CANE);
2. EXTEND
HANDRAILS
BEYOND THE
STEPS;
3. MISSING CANE
DETECTOR
UNDER THE
STAIRS;
5
307.4 Vertical Clearance under the stairs shall be 80
inches minimum. Rails or other barriers shall be
provided where the vertical clearance is less than 80
inches
6
EXAMPLE: FIG. 505.10.1 TOP AND BOTTOM
HANDRAIL EXTENSIONS AT RAMPS FIG.
405.9 EDGE PROTECTION
7
Example: FIG. 405.7 RAMP LANDINGS
8
Example: Changes in level greater than
½ inch (13 mm) in height shall be ramped.
• Sidewalk or threshold
9
EXAMPLE of MANEUVERING CLEARANCE AT
DOORS 404.2.3.2
10
Accessibility Requirements
• Purchase or Rehabilitation of Existing
Buildings / Facilities
– UFAS: make accessible “to the extent
possible”, (grants / direct loans)
(judgement calls)
– ADA: only if / when item repaired,
(guaranteed only loans)
• Self Evaluation / Transition Plan
– Involve State Architect and / or Civil Rights
Coordinator / Manager
11
Accessibility Laws
• Architectural Barriers Act (1968)
– “All buildings constructed by, on behalf of,
or leased to the Federal government (in
whole or part) must be physically
accessible to people with disabilities”
• Federal offices (owned or leased)
• Technically, applied to any “public” buildings
Federally funded (CF?! MFH onsite office?!)
– Uniform Federal Accessibility Standards
(UFAS) apply (today…)
12
Accessibility Laws
• Section 504 of the Rehab Act (1973)
– “No otherwise qualified person with
disabilities shall, on the basis of disability,
be excluded from participation in, be
denied the benefits of, or otherwise be
subjected to discrimination under any
program or activity receiving Federal
financial assistance from the U.S.
Department of Agriculture.”
13
Accessibility Laws
• Section 504 of the Rehab Act (1973)
– Departmental Regulations 7 CFR 15b,
effective date June 10, 1982
– Any program or activity receiving “Federal
financial assistance”
– All “program” must be accessible
• Applies to SFH to meet applicant’s needs
• Applies to MFH, CF, WWD, B&I grants and
direct loans (not guarantees)
– 5% fully accessible housing units (CF too)
• Units mix = H/C units mix
14
Accessibility Laws
• Section 504 of the Rehab Act (1973)
– For rehab and existing buildings
• “to the extent possible”
– Required Self Evaluations and Transition
Plans when accessibility questioned
– “Reasonable accommodation” at owner’s
expense
– Uniform Federal Accessibility Standards
(UFAS)
15
Accessibility Laws
• Fair Housing Amendments Act (1988)
– Applies to ALL housing whether publicly or
privately funded
– Covers the physical design of newly
constructed multifamily housing
• All buildings of 4 or more “dwelling units”
• Constructed after March 13, 1991
• applies to new construction, no requirements
for existing pre-’91 properties
16
Accessibility Laws
• Fair Housing Amendments Act (1988)
– All ground floor units in non-elevator
buildings and all units in elevator buildings
must be “adaptable”
– For RD, applies to Direct and Guaranteed
loans
– “Reasonable accommodations” at tenant’s
expense
– Fair Housing Act / Accessibility Guidelines
17
Accessibility Laws
• Fair Housing Amendments Act (1988)
– Definition of “dwelling unit”: A single unit of
residence for a household of one or more.
It provides sleeping, cooking, and toileting
in the same facility. Toileting and cooking
may be shared by other occupants.
– “Dwelling units” would include apartments,
group homes, dormitory rooms, homeless
shelters, home for battered women, nursing
homes, etc.
18
Accessibility Laws
• Americans with Disabilities Act (ADA)
– Covers all areas considered to be “public
accommodation” or “commercial facility”
– Title I covers Employment
– Title II covers state / local governments
– Title III covers all facilities, even owned by
private entities
• ADA does not cover resident dwelling units or
common areas, only public areas
– Title IV covers Telecommunications
19
Accessibility Laws
• Americans with Disabilities Act (ADA)
– Effective date January 26, 1992
– All projects, no matter what the funding /
ownership
• All programs direct loans / grants
• All programs guaranteed loans (applies to private
facilities as well)
• Majority of CF facilities, many Business projects, fall
under ADA/AG
– ADA / Accessibility Guidelines (ADA/AG)
20
Direct Loans & Grants
• UFAS applies
– direct “Federal financial assistance”
• FHAA may apply
– if “housing” (greater than 4 units, first
occupied after 3/13/91)
• ADAAG may apply
– if “places of public accommodation” or
“commercial facilities”
21
Guaranteed Loans
• UFAS does not apply
– (no “Federal financial assistance”)
• ADAAG applies (“places of public
accommodation” or “commercial facilities”)
– if buying existing building, if rehab required,
consider accessibility for that item
• if not rehab, notify applicant only
– consider accessibility when / if any item
repaired / replaced
– new construction - accessible per ADAAG
22
Self Evaluations
• Self Evaluations required
– For all projects existing on 6/10/82 (date
of 7 CFR 15b, Dept. Regs. on Rehab Act)
– For rehab, new or subsequent loan funds
(expanding service)
– Servicing action (Compliance Review,
security inspection, part of regular
servicing)
– Existing facility / building being purchased
23
Self Evaluations
• Examine Policies and Procedures
– how handle “reasonable
accommodation” requests?
• Who approves them?
• Management, employees know
procedure?
– “Effective communication”? (TDD,
recordings of information, sign language
interpreter)
24
Transition Plans
• Transition Plans “if needed”
– describe corrective actions
– schedule when repairs to take place
– identify responsible party
• Make the “program” accessible
• Part of Agency’s Compliance
Review function, and servicing of
loan to review Self Evaluation /
Transition Plan
25
Self Evaluations / Transition Plans
• Required to be available for public
review
– In office or service location
• Will be on-going
– Revisions to standards, new
requirements
– Conditions change over time
(sidewalks settling, etc.)
26
Elevator Requirements
• if not Housing and more than one story,
plan on an elevator…..
• Under “new” ABAAS standard (not yet
implemented), some flexibility
– Based on building code definition of
“occupancy load”
– Will allow up to 5 employees on second
level without an elevator
– Minor help, good for small square footage
areas or storage only
27
Elevator Requirements
• Exceptions VERY limited
– existing facility
• if staying within footprint: “structurally impractical”
(can’t add within existing space)
• if addition, an elevator can be added
– if other floor used for mechanical areas only
(not storage, “expansion”, “unfinished”, etc.)
– if privately owned, only a CF guarantee (no
grant / direct loan), less than 3 stories, AND
less than 3000 sq.ft. per floor
28
“Public” vs “Common Use”
• Open to public : ADAAG applies
– Up to the “counter”
– Any “public” toilets?
– Covers guaranteed, direct, grants
• Employee, client, customer spaces :
UFAS applies
– Beyond the “counter”
– Employee break area sink accessible?
– Employee toilet accessible?
– Any direct loan, grant, interest credit
29
Children’s Spaces
• Access Board has standards for
“children’s spaces”
• Accessibility dimensions for grab bars,
toilets, etc. for children 3-12
• For children above 12 years, use adult
dimensions
• Contact the National Office or Access
Board for more information
30
Resource Material
• U.S. Architectural and Transportation
Barriers Compliance Board
(Access
Board)
– UFAS, ABAAS, and ADAAG
– 1331 F St NW, Suite 1000,
Washington, DC 20004-1111
– Technical Assistance Hotline:
202 - 272 - 0080 or 800 - 872 - 2253
– E-mail to: [email protected]
– http://www.access-board.gov
31
Accessibility Questions?
• State Office Contacts
– Consult with State Architect
– State Civil Rights Manager / Coordinator
– State Program Staff
32
Questions,
Answers
Thanks!
33