US Department of Justice Civil Rights Division - Letter - tal626

8/14/2019 US Department of Justice Civil Rights Division - Letter - tal626

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Mr. Richard KuchnickiPresident

Council of American Building Officials

5203 Leesburg PikeFalls Church, Virginia 22041

Dear Mr. Kuchnicki:

This letter is in response to your request that theDepartment of Justice review the American National StandardsInstitute's (ANSI) standard A117.1 (1992 ed.) and the Board forthe Coordination of the Model Codes' (BCMC) recommended

accessibility provisions and evaluate their consistency with the

new construction and alterations requirements of the Americanswith Disabilities Act (ADA). The efforts of ANSI, BCMC, and theother model code groups involved in drafting the BCMC/ANSIstandards are highly commendable.

I apologize for the delay in responding to your request andI thank you for your patience during the review process. We haveattempted to conduct a comprehensive and detailed evaluation ofthe BCMC/ANSI standards that we hope will assist you in the

ongoing development of the 1997 edition of ANSI A117.1. TheArchitectural and Transportation Barriers Compliance Board has

also reviewed the submitted standards and their comments areaddressed in our evaluation.

Our analysis of the submitted BCMC/ANSI standards isdiscussed in detail in the enclosed side-by-side comparison.That comparison contains the ADA new construction and alterationsrequirements in the left column, the comparable ANSI A117.1provisions in the second column, the comparable BCMC provisions

in the third column, and the Department's comments in the rightcolumn. Although the ANSI and BCMC provisions occupy separate

columns, the Department's comments generally treat both codes asa single combined code, rather than analyzing each individually.This is based on our understanding that BCMC section 1.3 adoptsthe ANSI standard to provide its technical specifications. Insome instances, however, the ANSI and BCMC codes containdiffering requirements for a single element. In these instances,the intent of the drafters is unclear and, therefore, the

provisions have been addressed separately.

cc: Records, Chrono, Wodatch, Blizard, Hill

n:\udd\hille\bcmc\final.ltr\sc. young-parran


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01-03710

- 2 -We have identified several areas where the requirements of

the BCMC/ANSI standards are not equivalent to the ADArequirements. These areas are identified in the side-by-side

comparison by the characters "N.E." Other sections aredesignated as "P.N.E.," meaning "possibly not equivalent."Further clarification regarding the intent and meaning of suchsections may resolve the potential problems identified in thecomparison.

Most of the substantial areas of nonequivalency appear to

involve scoping issues, rather than technical specifications.While the side-by-side comparison should give you a comprehensivepicture of the areas of concern, I would like to highlight some

of the major differences between the BCMC/ANSI standards and theADA requirements. These differences are as follows:

A. Global Issues

1. "Non-code" Issues

The BCMC/ANSI standards provide that a number of elementscovered by the ADA Standards are "inappropriate for incorporationinto a building code." Therefore, the BCMC/ANSI standards do not

impose any accessibility requirements on those elements. The"non-code" items include:

automatic teller machinesexpress check-out aisleslibrary magazine displayspermanent signagepublic telephonestemporary raised platforms

self-service shelves and display unitssmoking/non-smoking dining areastelecommunication devices for the deaftransient lodging notification devices

Many of these items can be regulated by building codeofficials and, therefore, must be included in any building codein order for the code to be considered equivalent to the ADA.Furthermore, those few items that may be beyond the scope of


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building officials' inspections must nevertheless meet the ADArequirements. Therefore, scoping and technical requirementsshould, at least, be provided as advisory Appendix material inbuilding codes so builders have notice of the requirements.

2. Historic PreservationThe ANSI and BCMC standards each address historic

preservation. It is unclear how the drafters intended to meshthe two.

01-03711 - 3 -The ANSI standard addresses historic preservation only in

the Appendix. In addition, the ANSI process is significantlydifferent from the process mandated by the ADA. Congress

specifically required the ADA Standards to include historicpreservation provisions equivalent to those in the UniformFederal Accessibility Standards, which require consultation with

the appropriate historic preservation official whenever abuilding is covered by the National Historic Preservation Act.The ANSI process permits the building official to act withoutconsultation with the appropriate preservation official. Inaddition, the ADA specifically provides modified standards to beapplied when full accessibility would threaten historicpreservation. The ANSI standard does not specify such modified

standards and, thus, leaves it to the discretion of the buildingofficial to balance accessibility and historic preservation.

The BCMC standard does not refer to the ANSI standard

regarding historic preservation. The BCMC standard will allowapplication of "alternate provisions" whenever the historiccharacter of a building would be "adversely affected" byaccessibility. This standard is not equivalent to the ADAStandards, which apply modified accessibility requirements onlywhen full accessibility would "threaten or destroy" the historiccharacter of a building. In addition, the BCMC standard fails to

specify what "alternate provisions" are to be applied and, thus,leaves it to the discretion of the building official.

2. Building Classification

The BCMC/ANSI standards rely on traditional building codeclassifications of buildings. Such classification systems maynot completely overlap with ADA coverage. Therefore, in somecases, the BCMC/ANSI standards may not meet the ADA requirements


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for some types of buildings. The statutory language of the ADArequires coverage of all public accommodations and commercialfacilities. The equivalency of the scope of application of theBCMC/ANSI standards cannot be assessed without the applicablebuilding code. The BCMC/ANSI standards also rely on buildingcodes to define alterations, entrances, and stories. Theequivalency of these definitions, therefore, cannot be assessed

at this time.

3. Mainstreaming

The BCMC/ANSI standards take the position that theaccessibility of some elements of buildings is a matter ofconcern for all occupants, not just for occupants with

disabilities. Therefore, the BCMC/ANSI standards do not providescoping for these elements, and leave it to the general buildingcode to require all such elements to be accessible. Such

"mainstreamed" elements include ramps, stairs, and doors.01-03712 - 4 -

While mainstreaming of such elements is a laudable goal, thelack of scoping in the submitted BCMC/ANSI standards prevents theDepartment from finding equivalency. In order to assess theequivalency of mainstreamed elements, the applicable building

code must be reviewed.

B. Major Scoping and Technical Issues

1. Alterations and Additions (4.1.5; 4.1.6)

The BCMC/ANSI standards' requirement for provision of anaccessible path of travel to alterations is unclear. TheBCMC/ANSI standards do not define "path of travel" and,therefore, the more common meaning may be applied, rather thanthe meaning established by the statutory language of the ADA. Inaddition, the BCMC/ANSI standards do not address the potential

problem of a series of small alterations to which the path oftravel requirement may not apply individually. The ADA addressesthis problem by requiring consideration of the cost of allalterations made during the prior three years for which no pathof travel was provided. The BCMC/ANSI standards also fail torequire that, if full accessibility of the path of travel wouldexceed 20% of the cost of the alteration, the builder must spend20% toward partial accessibility. Problems with the BCMC/ANSIstandards' technical provisions for alterations are addressed in


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the side-by-side comparison.

The BCMC/ANSI standards do not specifically addressadditions. Therefore, it is unclear whether additions will betreated as alterations or as new construction.

2. Special Application Sections (5-10)

The BCMC/ANSI standards do not address unique accessibility

requirements in medical facilities, business and mercantilefacilities, libraries, transient lodging, and transportationfacilities. Some of the ADA's requirements for such facilitiesare adequately addressed by the general provisions of theBCMC/ANSI standards, but many are not. Specific problems with

the BCMC/ANSI standards' general technical specifications asapplied to the ADA's special occupancies are addressed in theside-by-side comparison.

3. Transient Lodging (9)

The BCMC/ANSI standards' scoping for hotels is seriouslyinadequate. The BCMC/ANSI standards exempt all hotels with lessthan 6 rooms. The ADA exempts such hotels only if the owner isin residence. In addition, the BCMC/ANSI standards require 1

accessible room for the first 30 rooms and then 1 more accessibleroom for each additional 100 rooms. This is not equivalent to

01-03713 - 5 -the ADA requirements for accessible rooms. Also, the BCMC/ANSIstandards do not require dispersion of accessible rooms.

The disparity between the BCMC/ANSI standards and the ADArequirements is increased by the fact that the BCMC/ANSIstandards only require that roll-in showers be provided in halfof the accessible rooms, instead of requiring additionalaccessible rooms with roll-in showers.

The following chart illustrates the disparity between theADA scoping requirements and the BCMC/ANSI requirements.(Chart has been formatted to accomodate ASCII text)

No. of rooms ADA ADA Accessible BCMC Accessible RmsAccessible Rms + Roll-in (1/2 of these areRms Shower Rms Roll-in Shower Rms)

1 to 25 1 1 126 to 50 2 2 (26-30: 1)


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(30-50: 2)51 to 75 3 4 276 to 100 4 5 2101 to 150 5 7 (101-130: 2)

(131-150: 3)151 to 200 6 8 3201 to 300 7 10 (201-230: 3)

(231-300: 4)301 to 400 8 12 (301-330: 4)

(331-400: 5)401 to 500 9 14 (401-430: 5)

(431-500: 6)501 to 1000 2% of 15-19 6-9

total

(=10-20)1001 and 20 plus 1 24 + 1 for (1001-1030: 9)over for each each 100 (>1030: 10 + 1 for

100 over each 100)1000

Although the scoping for rooms accessible to people withhearing impairments is equivalent, the BCMC/ANSI standards onlyrequire visual alarms in those rooms. The ADA requires bothvisual alarms and visual notification devices.

01-03714 - 6 -The BCMC/ANSI standards do not specifically address homeless

shelters and other social service establishments. It is unclearwhether these facilities would be subject to the generalrequirements for transient lodging, for residences, or would notbe covered at all.

4. Work Areas (4.1.1(3))

The BCMC/ANSI standards exempt "areas where work cannotreasonably be performed by persons having a severe impairment"from accessibility requirements. This is not equivalent to theADA Standards, which require limited accessibility to all workareas. The BCMC/ANSI provision requires building code officialsto determine what the requirements of the job are and whetherindividuals with disabilities could perform them. Building


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officials are not in a position to make such employmentdecisions. The BCMC/ANSI restriction is contrary to one of themajor purposes of the ADA, which is to increase employmentopportunities for people with disabilities.

5. Parking and passenger Loading Zones (4.1.2(5))

The BCMC/ANSI standards' scoping for lots with 5 or fewerparking spaces requires 1 accessible space, but does not requirethe space to be designated as reserved for individuals withdisabilities. The BCMC/ANSI standards do not provide scoping foraccessible passenger loading zones.

6. Portable Toilets (4.1.2(6))

The BCMC/ANSI standards do not provide specific scoping for

portable toilets. It is unclear whether they are covered as

temporary structures.

7. Elevators (4.1.3(5); 4.10)

The BCMC/ANSI standards do not provide that requiredelevators must serve all levels. In addition, the BCMC/ANSIstandards appear to require only elevators on accessible routes

to be accessible. The ADA requires all passenger elevators to beaccessible.

The BCMC/ANSI standards permit recessed buttons on controlpanels. Such buttons make activation more difficult forindividuals with limited manual dexterity, who must use an openhand or closed fist. The BCMC/ANSI standards also permit a 54inch reach range for emergency communication. Although a 54 inchside reach range is generally acceptable, some people cannotreach that high. The ADA provides a 48 inch maximum heightbecause emergency communication may be a life-or-death issue.The BCMC/ANSI standards also relax requirements for alterations

to elevators.1-03715 - 7 -

8. Entrances (4.1.3(8); 4.14)

The BCMC/ANSI standards do not require at least oneaccessible ground floor entrance and do not require accessibleentrances in the same number as required exits. The BCMC/ANSI


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standards provide a blanket exemption for service entrances, evenif a service entrance is the only entrance.

9. Areas of Refuge (4.1.3(9); 4.3.11)

The BCMC/ANSI standards appear never to require more thantwo areas of rescue assistance. The ADA requires areas of rescue

assistance in a number equal to the number of inaccessiblerequired exits. In addition, the BCMC/ANSI standards fail torequire two-way communication in buildings with less than fivestories and permit two-way communication to rely exclusively onvoice communication.

10. Drinking Fountains (4.1.3(10; 4.15)

The BCMC/ANSI standards fail to address fountains that are

accessible to people who have difficulty bending. The BCMC/ANSI

standards also allow a lower clear knee space for fountains oncantilevered arms. This lower space may make it more difficultfor people to use the fountains.

11. Signage (4.1.3(16); 4.30)

The BCMC/ANSI standards' scoping for signage is not

equivalent for parking spaces, accessible entrances, andaccessible toilet and bathing facilities. The BCMC/ANSI

standards also fail to provide scoping for room signage and torequire directional signage for TDDs. The BCMC/ANSI standardsfail to require sans serif or simple serif typeface and torequire clear approach to within three inches of room signs.

12. Accessible Seating (4.1.3(10); 4.33)

The BCMC/ANSI standards require dispersion of accessibleseating only "where necessary for line of sight" and permitdispersion to be based on availability of an accessible route.

This would appear to allow a builder to avoid dispersion byproviding only a few accessible routes.

The BCMC/ANSI standards' scoping of accessible seats isdeficient for spaces with more than 500 seats. The ADA requires6 accessible seats plus 1 for each increase of 100. TheBCMC/ANSI standards require 6 accessible seats plus only 1 foreach increase of 200.


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01-03716

- 8 -13. Ramps (4.8)

The BCMC/ANSI standards allow slopes steeper than 1:12 innew construction, while the ADA allows them only in alterations.The BCMC/ANSI standards' requirements would not require handrailson long shallow ramps, where the ADA would require rails.

14. Stairs (4.9)

The BCMC/ANSI standards permit winders, circular stairs, andopen risers on "accessible" stairs. The ADA does not. TheBCMC/ANSI handrail requirements fail to address recessed rails

and structure strength and may not require handrail extension atthe bottom of stairs.

15. Doors (4.13)

The BCMC/ANSI standards permit revolving doors to be part ofan accessible route if they comply with S 4.13. Merely complying

with S 4.13 is insufficient to make a revolving door accessible.Rather, the dimensions and movement of the door, itself, must

also be addressed. In addition, the BCMC/ANSI standardsgenerally fail to require sufficient maneuvering clearances atdoors.

16. Water Closets (4.16)

The BCMC/ANSI standards permit a 24 inch, rather than a 36inch, grab bar behind the toilet in some circumstances in newconstruction. The ADA does not.

17. Showers (4.21)

The BCMC/ANSI standards do not require a folding seat inroll-in showers. In addition, they allow a 2 1/2 inch gapbetween the back of the seat and the wall. The ADA only allows 11/2 inches in order to limit the risk of arms slipping throughthe gap during transfers.

18. Toilet Rooms (4.22)


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The BCMC/ANSI standards allow doors to swing into clear

space. This problem may be offset by the BCMC/ANSI standards'greater clear space requirements. However, in individual toiletrooms, where the extra clear space is not required, the in-swinging door is clearly not equivalent.

19. Sinks (4.24)

The BCMC/ANSI standards allow knee clearance underaccessible sinks to be a little as 17 inches deep. The ADArequires a 19 inch minimum clearance depth.

01-03717- 9 -

20. Storage (4.25)

The BCMC/ANSI standards address distance from wheelchairs toclothes rods and shelves. The permissible reach heights must bereduced as the distance from the rod or shelf increases.

21. Alarms (4.28)

The BCMC/ANSI standards address accessibility only of

required alarms. The ADA requires accessibility whenever alarmsare provided, not just when they are required. In addition, theBCMC/ANSI standards' requirements regarding placement of signalsand flash rate are problematic. The standards allow visiblesignals to be higher and, thus, more easily obscured by smoke andthe standards' lower flash intensity and higher number ofappliances may increase the risk of triggering seizures.

Additional technical and scoping problems are addressed inthe side-by-side comparison.

I hope this evaluation is helpful to you in your efforts tocreate a model accessibility standard that is equivalent to theADA requirements. My staff would be happy to meet with you todiscuss the evaluation. If you would like to arrange such ameeting, or if you have any questions, please call Eve Hill at(202) 307-0663.

I hope that you will continue to work with the Department to


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upon adult dimensions. Accessibility and usability allow aperson with a physical disability to independently get to,enter and use a building or facility.

This standard provides specifications for elements that areused in making functional spaces accessible. For example,it specifies technical requirements for making doors,

routes, seating, and other elements accessible. Theseaccessible elements are used to design accessiblefunctional spaces such as classrooms, hotel rooms,lobbies, or offices.

This standard is for adoption by government agencies andby organizations setting model codes to achieve uniformity

in the technical design criteria in building codes and otherregulations. This standard is also used by non-governmental parties as technical design guidelines or

requirements to make buildings and facilities accessible toand usable by persons with physical disabilities.

BCMC

1.2 This document sets minimum requirements for theapplication of standards for facility accessibility by people

with physical disabilities, which includes those with sightimpairment, hearing impairment and mobility impairment.

It shall be interpreted to mandate access for all persons,including but not limited to occupants, employees,consumers, students, spectators, participants and visitors.

1.3 Details, dimensions and construction specifications foritems herein shall comply with the requirements set forthin the American National Standards Institute standardCABO/ANSI A117.1-1992, "Accessible and UsableBuildings and Facilities."

1.4 Maintenance of Facilities. Any building, facility,dwelling unit, or site which is constructed or altered to beaccessible or adaptable under this document shall bemaintained accessible and/or adaptable during itsoccupancy.

Comments*E.E.


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Exceeds - Exceeds ADA StandardsE - Equivalent to ADA StandardsN.E. - Not equivalent to ADA StandardsP.N.E. - Potentially not equivalent to ADA StandardsN.C. - Section is not comparable

ADA/ANSI/BCMC Requirements - October 13, 1995

01-03719

ADA Title III Requirements

2 GENERAL

2.1 Provisions for Adults. The specifications in theseguidelines are based upon adult dimensions andanthropometrics.

2.2 Equivalent Facilitation. Departures from particular

technical and scoping requirements of this guideline by theuse of other designs and technologies are permitted where

the alternative designs and technologies used will providesubstantially equivalent or greater access to and usabilityof the facility.

CABO/ANSI A117.1-1992

2 Recommendations to Adopting Authorities

2.1 AdministrationThis standard does not establish which occupancy or

building types are covered and the extent to which eachtype is covered. Such requirements for application of thisstandard shall be specified by the adopting authority,including which and how many functional spaces andelements are to be made accessible within each buildingtype, as described in 2.2 through 2.4.

2.2 Number of Spaces and ElementsThe administrative authority adopting this standard shall


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specify the actual number of spaces and elements orestablish procedures for determining them based on, butnot limited to:- population to be served- availability to occupants, employees, customers, andvisitors- distances and time required to use the accessible

elements- provision of equal opportunity and treatment under law

2.3* RemodelingThe specifications in this standard are based upon thefunctional requirements of persons with physicaldisabilities. The administrative authority adopting this

standard shall specify the extent to which it is to coverremodeling, alteration, or rehabilitation within itsjurisdiction.

2.4 Review ProceduresTo promote effective compliance with the requirements ofthis standard, the administrative authority adopting itshould establish a review and approval procedure forconstruction projects that come under its jurisdiction.

See 1.1 PurposeBCMC

Comments*N.C. Note: Scoping issue.E.No equivalent provision. However,if used with a building code, thebuilding code's waiver provisionswill be uncertifiable.

2


01-03720


3 MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS


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3.1 Graphic Conventions. Graphic conventions are shownin Table 1. Dimensions that are not marked minimum ormaximum are absolute, unless otherwise indicated in thetext or captions.

Table 1Graphic Conventions

Convention36/9159/2309/23036/916

max

min

Description

Typical dimension line showingU.S. customary units (in inches)above the line and SI units (inmillimeters) below

Dimensions for short distances

indicated on extended line

Dimension line showing alternate

dimensions requiredDirection of approachMaximumMinimumBoundary of clear floor areaCenterline

3.2 Dimensional Tolerances. All dimensions are subject toconventional building industry tolerances for field

conditions.

3.3 Notes. The text of these guidelines does not contain

notes or footnotes. Additional information, explanations,and advisory materials are located in the Appendix.Paragraphs marked with an asterisk have related non-mandatory material in the Appendix. In the Appendix, thecorresponding paragraph numbers are preceded by an A.


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3 Graphics, Dimensions, Referenced Standards, andDefinitions

3.1 Graphic Conventions

Graphic conventions used in the illustrations are shown inTable 3.1. Dimensions that are not marked "minimum,""maximum," or "nominal" are absolute, unless otherwiseindicated in the text or captions.

Table 3.1 - Graphic conventionsConvention

36/915

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28/710 36/915maxmin.

DescriptionTypical dimension line showingU.S. customary units (in inches)

above the line and SI units (inmillimeters) belowDimensions for short distances

indicated on arrowDimension line showing range ofdimensionsDirection of approachMaximumMinimumBoundary of clear floor areaCenterline

3.2 DimensionsAll dimensions are subject to conventional industrytolerances. Millimeter equivalents for dimensions 3 in andlarger have been rounded off to the nearest multiple of 5.

ANSI Appendix A - Additional Information

This appendix contains additional information that isintended to help the user understand the minimum


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requirements of the standard or to design or regulate theconstruction of buildings or facilities for greateraccessibility and usability. The subsection numberscorrespond to the sections or subsections of the standardto which the material relates and are, therefore, notconsecutive (for example, A4.2.1 contains additionalinformation relevant to 4.2.1). Sections in the standard

for which additional material appears in this Appendix havebeen indicated by an asterisk. All figures referenced in thisappendix are contained in Appendix B and are designatedFig. BAxxx.

BCMCComments*

E.E.E.

E.3ADA/ANSI/BCMC Requirements - October 13, 199501-03721

ADA Title III Requirements3.4 General Terminology.comply with. Meet one or more specifications of these

guidelines.if, if... then. Denotes a specification that applies only

when the conditions described are present.may. Denotes an option or alternative.shall. Denotes a mandatory specification or requirement.should. Denotes an advisory specification orrecommendation.

3.5 Definitions.

Access Aisle. An accessible pedestrian space betweenelements, such as parking spaces, seating, and desks, that

provides clearances appropriate for use of the elements.

Accessible. Describes a site, building, facility, or portionthereof that complies with these guidelines.

Accessible Element. An element specified by theseguidelines (for example, telephone, controls, and the like).

Accessible Route. A continuous unobstructed path


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connecting all accessible elements and spaces of a buildingor facility. Interior accessible routes may include corridors,floors, ramps, elevators, lifts, and clear floor space atfixtures. Exterior accessible routes may include parkingaccess aisles, curb ramps, crosswalks at vehicular ways,walks, ramps, and lifts.

Accessible Space. Space that complies with theseguidelines.


3.3 Referenced American National Standards

The following American National Standards are referenced

in this document.

ANSI/BHMA A156.10-1991, Power Operated PedestrianDoors

ANSI/BHMA A156.19-1990, Power Assist and LowEnergy Power Operated Doors

ASME/ANSI A17.1-1990, Safety Code for Elevators andEscalators (including Addenda ASME/ANSI A17.1a-1991)

3.4 Definitions

For the purpose of this standard, the terms listed in 3.4have the indicated meaning.

access aisle: An accessible pedestrian space betweenelements, such as parking spaces, seating, and desks, thatprovides clearances appropriate for use of the elements.

accessible: Describes a site, building, facility, or portionthereof that complies with this standard and that can beapproached, entered, and used by persons with physical

disabilities.

accessible route: A path connecting all accessibleelements and spaces in a building or facility that is usableby persons with physical disabilities.

BCMC2.0 DEFINITIONS


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Comments*

Not comparable. ADA Standardsreference the same or previousversions of these ANSI Standards.

Not addressed.

E.E.P.N.E. if limitation to "physicaldisabilities" is strictly applied.Not addressed.E.Not addressed. Term not used.

4ADA/ANSI/BCMC Requirements - October 13, 1995

01-03722


Adaptability. The ability of certain building spaces and

elements, such as kitchen counters, sinks, and grab bars,to be added or altered so as to accommodate the needs ofindividuals with or without disabilities or to accommodate

the needs of persons with different types or degrees ofdisability.

Addition. An expansion, extension, or increase in thegross floor area of a building or facility.

Administrative Authority. A governmental agency thatadopts or enforces regulations and guidelines for thedesign, construction, or alteration of buildings andfacilities.

Alteration. An alteration is a change to a building orfacility made by, on behalf of, or for the use of a publicaccommodation or commercial facility, that affects orcould affect the usability of the building or facility or partthereof. Alterations include, but are not limited to,remodeling, renovation, rehabilitation, reconstruction,historic restoration, changes or rearrangement of the


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structural parts or elements, and changes or rearrangementin the plan configuration of walls and full-height partitions.Normal maintenance, reroofing, painting or wallpapering, orchanges to mechanical and electrical systems are notalterations unless they affect the usability of the buildingor facility.

Area of Rescue Assistance. An area, which has directaccess to an exit, where people who are unable to usestairs may remain temporarily in safety to await furtherinstructions or assistance during emergency evacuation.

Assembly Area. A room or space accommodating a groupof individuals for recreational, educational, political, social,

or amusement purposes, or for the consumption of foodand drink.

Automatic Door. A door equipped with a power-operatedmechanism and controls that open and close the doorautomatically upon receipt of a momentary actuatingsignal. The switch that begins the automatic cycle may bea photoelectric device, floor mat, or manual switch (seepower-assisted door).

Building. Any structure used and intended for supportingor sheltering any use or occupancy.


adaptability: The capability of certain building spaces andelements, such as kitchen counters, sinks, and grab bars,

to be altered or added so as to accommodate the needs ofpersons with and without disabilities, or to accommodatethe needs of persons with different types or degrees ofdisability.adaptable dwelling unit: An accessible dwelling unit whichhas been designed for adaptability.administrative authority: A jurisdictional body that adoptsor enforces regulations and standards for the design,construction, or operation of buildings and facilities.


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authority having jurisdiction: See administrative authority.automatic door:* A door operated with powermechanisms and controls.

A3.4 automatic door: The switch that begins the cycle foran automatic door is a photo electric device, floor mat,sensing device, or manual switch mounted on an area near

the door itself (see power assisted door).

BCMCArea of Refuge - an area with direct access to an exit or anelevator where persons unable to use stairs can remaintemporarily in safety to await instructions or assistanceduring emergency evacuation.

Comments*

E.N.C.N.E. Cannot be assessed withoutthe applicable building code.E.N.E. Cannot be assessed withoutthe applicable building code.E.

N.E. Cannot be assessed withoutthe applicable building code.

E.N.E. Cannot be assessed withoutthe applicable building code.

5


01-03723


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ADA Title III RequirementsCirculation Path. An exterior or interior way of passagefrom one place to another for pedestrians, including, butnot limited to, walks, hallways, courtyards, stairways, andstair landings.

Clear. Unobstructed.

Clear Floor Space. The minimum unobstructed floor orground space required to accommodate a single, stationarywheelchair and occupant.

Closed Circuit Telephone. A telephone with dedicatedline(s) such as a house phone, courtesy phone or phone

that must be used to gain entrance to a facility.

Commercial Facilities. (28 C.F.R. 36.104). Commercial

facilities means facilities --(1) Whose operations will affect commerce;(2) That are intended for nonresidential use by a private

entity; and(3) That are not -

(i) Facilities that are not covered or expressly exempted

from coverage under the Fair Housing Act of 1968, asamended (42 U.S.C. 3601-3631);

(ii) Aircraft; or

(iii) Railroad locomotives, railroad freight cars, railroadcabooses, commuter or intercity passenger rail cars(including coaches, dining cars, sleeping cars, lounge cars,and food service cars), and any other railroad carsdescribed in section 242 of the Act or covered under titleII of the Act, or railroad rights-of-way. For purposes ofthis definition, "rail" and "railroad" have the meaning giventhe term "railroad" in section 202(e) of the FederalRailroad Safety Act of 1970 (45 U.S.C. 431(e)).

Commercial facilities located in private residences. (28C.F.R. 36.401(b)).

(1) When a commercial facility is located in a privateresidence, the portion of the residence used exclusively asa residence is not covered by this subpart, but that portionused both for the commercial facility and for residentialpurposes is covered by the new construction and


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alterations requirements of this subpart.(2) The portion of the residence covered under paragraph

(b)(1) of this section extends to those elements used toenter the commercial facility, including the homeowner'sfront sidewalk, if any, the door or entryway, and hallways;and those portions of the residence, interior or exterior,available to or used by employees or visitors of the

commercial facility, including restrooms.

CABO/ANSI A117.1-1992circulation path:* An exterior or interior way of passagefrom one place to another for pedestrians.

A3.4 circulation path: Examples include walks, hallways,courtyards, stairways, and stair landings.clear: Unobstructed.

See ANSI 4.2.4.

BCMC

Comments*E.E.

Not addressed.Not addressed. BCMC coveragedoes not depend on commercial

facility.

Not addressed.

6


01-03724



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

Cross Slope. The slope that is perpendicular to thedirection of travel (see running slope).

Curb Ramp. A short ramp cutting through a curb or builtup to it.

Detectable Warning. A standardized surface feature built

in or applied to walking surfaces or other elements to warnvisually impaired people of hazards on a circulation path.

Disability. (28 C.F.R. 36.104). Disability means, withrespect to an individual, a physical or mental impairmentthat substantially limits one or more of the major lifeactivities of such individual; a record of such animpairment; or being regarded as having such animpairment.

Dwelling Unit. A single unit which provides a kitchen orfood preparation area, in addition to rooms and spaces for

living, bathing, sleeping, and the like. Dwelling unitsinclude a single family home or a townhouse used as atransient group home; an apartment building used as ashelter; guestrooms in a hotel that provide sleepingaccommodations and food preparation areas; and othersimilar facilities used on a transient basis. For purposes ofthese guidelines, use of the term "Dwelling Unit" does notimply the unit is used as a residence.


common use:* Those rooms, spaces, or elements that aremade available for use of a specific group of people.

A3.4 common use: These are the spaces and elementsthat are made available for the use of residents of anapartment building, the occupants of an office building, orthe guests of such residents or occupants.


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counter slope: Any slope opposing the running slope of acurb ramp or ramp.

cross slope: The slope of a pedestrian way that isperpendicular to the direction of travel (see running slope).

curb ramp: A short ramp cutting through a curb or built upto it.detectable: Perceptible by one or more of the senses.

See 1.1 Purpose.

dwelling unit:* A single unit of residence that provides akitchen or food preparation area, in addition to rooms and

spaces for living, bathing, sleeping, and the like.

A3.4 dwelling unit: A single-family home is a dwellingunit, and dwelling units are to be found in such housingtypes as townhouses and apartment buildings.

BCMCSee 1.2.

Comments*

E.N.C.

E.E.P.N.E. ADA's only use of this wordis in the phrase "detectablewarning" where it is addressing theneeds of only visually impairedpersons. Therefore, this definitionshould include only senses otherthan sight.

N.E.

ANSI E. Although different, forpurposes of building design thedefinition does not reduce access(see also "Person with aDisability").

BCMC N.E. BCMC is too narrow.


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above or below grade with direct access to grade. Abuilding or facility always has at least one ground floor andmay have more than one ground floor as where a split levelentrance has been provided or where a building is built intoa hillside.

Marked Crossing. A crosswalk or other identified path

intended for pedestrian use in crossing a vehicular way.


egress, means of: A continuous and unobstructed way oftravel from any point in a building or facility to a publicway.

element:* An architectural or mechanical component of abuilding, facility, space or site that is used in making

spaces accessible.

A3.4 element: Examples of elements are telephones, curbramps, doors, drinking fountains, seating, and waterclosets.

facility: All or any portion of a building, structure, or area,

including the site on which such building, structure, or areais located, wherein specific services are provided oractivities are performed.

housing:* A building, facility, or portion thereof, thatcontains one or more dwelling units or sleepingaccommodations, excluding inpatient health care facilitiesand detention/correctional facilities.

A3.4 housing: Examples are one- and two-familydwellings, multifamily dwellings, group homes, hotels,motels, dormitories, and mobile homes.

marked crossing: A crosswalk or other identified pathintended for pedestrian use in crossing a vehicular way.

BCMC

2.1 Accessible Means of Egress - a path of travel, usableby a mobility impaired person, that leads to a public way.


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Comments*

ANSI E. Note: Although thedefinition in ANSI does not addressaccessible means of egress, thestandard, in general, does.

BCMC N.E. Access is limited to"mobility impaired persons."

E. Assuming "used in makingspaces accessible" means"affecting accessibility."

P.N.E. Without a definition,"entrance" may be interpreted

narrowly to not require accessibilityof all elements covered by theADA.

P.N.E. It is unclear how limiting"wherein specific services..." isintended to be.

N.E.

N.C. Note: Generally consistentwith ADA Standards terminology.

E.

8


01-03726ADA Title III Requirements

Maximum Extent Feasible. (28 C.F.R. 36.402(c)). Thephrase, "to the maximum extent feasible," as used in thissection, applies to the occasional case where the nature ofan existing facility makes it virtually impossible to complyfully with applicable accessibility standards through aplanned alteration. In these circumstances, the alteration


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travel" also includes the restrooms, telephones, anddrinking fountains serving the altered area.


multifamily dwelling: Any building containing more thantwo dwelling units.operable part:* A part of a piece of equipment orappliance used to insert or withdraw objects, or toactivate, deactivate, or adjust the equipment or appliance.

A3.4 operable part: Examples of operable parts are

telephone coin slots, push buttons, and handles.

BCMC

Comments*Not addressed.N.E. Cannot be assessed withoutthe applicable building code.E.Not addressed.

E.N.E.

9ADA/ANSI/BCMC Requirements - October 13, 1995

01-03727

ADA Title III RequirementsPerson with a Disability. (28 C.F.R. S 36.104). Disabilitymeans, with respect to an individual, a physical or mental

impairment that substantially limits one or more of themajor life activities of such individual; a record of such animpairment; or being regarded as having such animpairment.

Place of Public Accommodation. (28 C.F.R. 36.104).Place of public accommodation means a facility, operatedby a private entity, whose operations affect commerce and


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fall within at least one of the following categories -

(1) An inn, hotel, motel, or other place of lodging, exceptfor an establishment located within a building that containsnot more than five rooms for rent or hire and that isactually occupied by the proprietor of the establishment asthe residence of the proprietor;

(2) A restaurant, bar, or other establishment serving foodor drink;

(3) A motion picture house, theater, concert hall,stadium, or other place of exhibition or entertainment;

(4) An auditorium, convention center, lecture hall, orother place of public gathering;

(5) A bakery, grocery store, clothing store, hardware

store, shopping center, or other sales or rentalestablishment;

(6) A laundromat, dry-cleaner, bank, barber shop, beauty

shop, travel service, shoe repair service, funeral parlor, gasstation, office of an accountant or lawyer, pharmacy,insurance office, professional office of a health careprovider, hospital, or other service establishment;

(7) A terminal, depot, or other station used for specifiedpublic transportation;

(8) A museum, library, gallery, or other place of public

display or collection;(9) A park, zoo, amusement park, or other place of

recreation;(10) A nursery, elementary, secondary, undergraduate, or

postgraduate private school, or other place of education;(11) A day care center, senior citizen center, homeless

shelter, food bank, adoption agency, or other social servicecenter establishment; and

(12) A gymnasium, health spa, bowling alley, golf course,or other place of exercise or recreation.


parking space:* Any space for parking vehicles.A3.4 parking space: This includes parking spaces that arelocated in parking garages, on streets and in lots.See 1.1 Purpose.

BCMCSee 1.2.

Comments*


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N.C.ANSI E. ANSI's coverage is limitedto "physical disabilities." However,the list of examples is sufficientlybroad to cover those disabilitiessignificantly affected by buildingdesign.

BCMC N.E. BCMC's coverage islimited to "physical disabilities" andits list of examples does not providesufficient coverage.Not addressed. BCMC coveragedoes not depend on publicaccommodation.

10


01-03728


Power-assisted Door. A door used for human passagewith a mechanism that helps to open the door, or relievesthe opening resistance of a door, upon the activation of aswitch or a continued force applied to the door itself.

Primary Function. (28 C.F.R. S 36.403(b)). A "primaryfunction" is a major activity for which the facility isintended. Areas that contain a primary function include,but are not limited to, offices and other work areas inwhich the activities of the public accommodation or other

private entity using the facility are carried out. Mechanicalrooms, boiler rooms, supply storage rooms, employeelounges or locker rooms, janitorial closets, entrances,corridors, and restrooms are not areas containing a primaryfunction.

Professional Office of a Health Care Provider. (28 C.F.R.S 36.401(d)(i)). A location where a person or entity,regulated by a State to provide professional services


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related to the physical or mental health of an individual,makes such services available to the public. The facilityhousing the "professional office of a health care provider"only includes floor levels housing at least one health careprovider, or any floor level designed or intended for use byat least one health care provider.

Public Use. Describes interior or exterior rooms or spacesthat are made available to the general public. Public usemay be provided at a building or facility that is privately orpublicly owned.

Ramp. A walking surface which has a running slopegreater than 1:20.

Running Slope. The slope that is parallel to the directionof travel (see cross slope).

Service Entrance. An entrance intended primarily fordelivery of goods or services.

Signage. Displayed verbal, symbolic, tactile, and pictorialinformation.

Site. A parcel of land bounded by a property line or a

designated portion of a public right-of-way.

Site Improvement. Landscaping, paving for pedestrian and

vehicular ways, outdoor lighting, recreational facilities, andthe like, added to a site.


power-assisted door:* A door used for human passage,with a mechanism that helps to open the door, or torelieve the opening resistance of the door.A3.4 power-assisted door: The power assist is providedupon the activation of a switch or the use of continued

force applied to the door itself. If the switch or door isreleased, such doors immediately begin to close or closecompletely within 3 to 30 seconds (see automatic door).Primary Function is a major function for which the facilityis intended.public use:* Describes rooms or spaces that are madeavailable to the general public.A3.4 public use: Public use is often provided at a building


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or facility that is privately or publicly owned.ramp: A walking surface that has a running slope steeperthan 1:20.running slope: The slope of a pedestrian way that isparallel to the direction of travel (see cross slope).signage: Displayed textual, symbolic, tactile and pictorialinformation.

site: A parcel of land bounded by a property line or adesignated portion of a public right-of-way.site improvements:* Features added to a site.A3.4 site improvements: This includes features such aslandscaping, pedestrian and vehicular pathways, outdoorlighting, and recreational facilities.

BCMC

Comments*E.E.

Not addressed. Should be definedfor the purposes of the elevatorexception.E.E.E.Not addressed.

E.E.E.

11 ADA/ANSI/BCMC Requirements - October 13, 199501-03729

ADA Title III RequirementsSleeping Accommodations. Rooms in which people sleep;for example, dormitory and hotel or motel guest rooms orsuites.Space. A definable area, e.g., room, toilet room, hall,assembly area, entrance, storage room, alcove, courtyard,or lobby.

Specified Public Transportation. (28 C.F.R. S 36.104).Transportation by bus, rail, or any other conveyance (otherthan by aircraft) that provides the general public withgeneral or special service (including charter service) on aregular and continuing basis.Story. That portion of a building included between theupper surface of a floor and upper surface of the floor orroof next above. If such portion of a building does notinclude occupiable space, it is not considered a story for


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purposes of these guidelines. There may be more than onefloor level within a story as in the case of a mezzanine ormezzanines.Structural Frame. The structural frame shall be consideredto be the columns and the girders, beams, trusses andspandrels having direct connections to the columns and allother members which are essential to the stability of the

building as a whole.Tactile. Describes an object that can be perceived usingthe sense of touch.ILLEGIBLE Telephone. Machinery or equipment that employsinteractive graphic (i.e., typed) communications throughthe transmission of coded signals across the standardtelephone network. Text telephones can include, for

example, devices known as TDDs (telecommunicationdisplay devices or telecommunication devices for deafpersons) or computers.

CABO/ANSI A117.1-1992sleeping accommodations:* Rooms intended for sleepingpurposes.A3.4 sleeping accommodations: Dormitories and hotel ormotel guest rooms are examples.tactile: Describes an object that can be perceived usingthe sense of touch.

temporary:* Applies to facilities that are not of permanentconstruction but are extensively used or essential for

public use for a given (short) period of time.A 3.4 temporary: Examples are temporary classrooms orclassroom buildings at schools and colleges. Otherexamples are movable facilities at the perimeter of a majorconstruction site to permit accessible and safe passagepast the site. Structures directly associated with theactual processes of major construction, such as portabletoilets, scaffolding, rigging, and trailers are not included.telecommunications device for the deaf (TDD):*Machinery or equipment that employs interactive graphic

communications through the transmission of coded signalsacross the standard telephone network.A3.4 telecommunications device for the deaf (TDD):TDD's include telecommunications display devices,telecommunication devices for deaf persons, texttelephones or computers.

BCMCComments*

E.


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Not addressed.Not addressed.N.E. Cannot be assessed withoutthe applicable building code.P.N.E. Scoping issue - related totechnical infeasibility in alterations.

E.E. (See ADA Standard S4.1.1(4)).ANSI E.BCMC N.E. BCMC designatesTDDs as "not appropriate forincorporation into a building code."


ADA Title III RequirementsTransient Lodging. A building, facility, or portion thereof,

excluding inpatient medical care facilities, that containsone or more dwelling units or sleeping accommodations.Transient lodging may include, but is not limited to,resorts, group homes, hotels, motels, and dormitories (seePlace of Public Accommodation).Vehicular Way. A route intended for vehicular traffic, suchas a street, driveway, or parking lot.Walk. An exterior pathway with a prepared surface

intended for pedestrian use, including general pedestrianareas such as plazas and courts.

4 ACCESSIBLE ELEMENTS AND SPACES: SCOPE ANDTECHNICAL REQUIREMENTS4.1 Minimum Requirements4.1.1* Application.(1) General. All areas of newly designed or newlyconstructed buildings and facilities required to beaccessible by 4.1.2 and 4.1.3 and altered portions ofexisting buildings and facilities required to be accessible by4.1.6 shall comply with these guidelines, 4.1 through4.35, unless otherwise provided in this section or as

modified in a special application section.CABO/ANSI A117.1-1992

vehicular way:* A route provided for vehicular traffic.A3.4 vehicular way: Examples are streets, driveways, andparking lots.walk:* An exterior pathway with a prepared surface forpedestrian use.A3.4 walk: This includes general pedestrian areas such asplazas and courts.


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4 Accessible Elements and Spaces4.1 Basic ComponentsAccessible sites, facilities, and buildings, including public-use, employee-use, and common-use spaces in housingfacilities, shall, where required, provide accessibleelements and spaces conforming with Section 4.1.2 Application

Provisions of this standard are suitable for:- the design and construction of new buildings andfacilities, including both spaces and elements, siteimprovements, and public walks- remodeling, alteration, and rehabilitation of existingconstruction- permanent, temporary, and emergency conditions

BCMC2.2 The following additional terms are defined inCABO/ANSI A117.1. Where these terms are used in this

report, such terms shall have the meaning ascribed tothem in CABO/ANSI A117.1.accessible accessible route adaptabilitydetectable detectable warning dwelling unitelement facility site1.0 SCOPE1.1 All buildings and structures, including their associated

sites and facilities, shall be accessible with accessiblemeans of egress for people with physical disabilities asrequired in these provisions.

EXCEPTIONS:1. Areas where work cannot reasonably be performed by

persons having a severe impairment (mobility, sight orhearing) are not required to have the specific featuresproviding accessibility to such persons.

2. Group R3 buildings and accessory structures and theirassociated site facilities.

3. Group U structures.EXCEPTIONS:

1. In Group U agricultural buildings, access is required

to paved work areas and areas open to the general public.2. Access is required to private garages or carports

which contain accessible parking.4. Temporary structures, sites, and equipment directly

associated with the construction process such asconstruction site trailers, scaffolding, bridging or materialhoists.

5. Buildings and facilities or portions thereof not required


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to be accessible in 3.0, 4.0, 5.0 and 6.0.Comments*

N.E. Needs to be addressed. Also,needs to be distinguished fromtraditional code categories.E.E.

See above.General provision - E.Exception 1 - N.E. See ADAStandards 4.1.1(3) for analogousprovision.Exception 2 - N.E. to the extent R3includes transient lodging.

Exception 3 - E.Exception 4 - E.Exception 5 - P.N.E.


ADA Title III Requirements4.1.1 (2) Application Based on Building Use. Specialapplication sections 5 through 10 provide additionalrequirements for restaurants and cafeterias, medical carefacilities, business and mercantile, libraries, accessible

transient lodging, and transportation facilities. When abuilding or facility contains more than one use covered bya special application section, each portion shall comply

with the requirements for that use.4.1.1 (3)* Areas Used Only by Employees as Work Areas.Areas that are used only as work areas shall be designedand constructed so that individuals with disabilities canapproach, enter, and exit the areas. These guidelines donot require that any areas used only as work areas beconstructed to permit maneuvering within the work area orbe constructed or equipped (i.e., with racks or shelves) tobe accessible.

4.1.1 (4) Temporary Structures. These guidelines covertemporary buildings or facilities as well as permanentfacilities. Temporary buildings and facilities are not ofpermanent construction but are extensively used or areessential for public use for a period of time. Examples oftemporary buildings or facilities covered by theseguidelines include, but are not limited to: reviewingstands, temporary classrooms, bleacher areas, exhibitareas, temporary banking facilities, temporary health


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screening services, or temporary safe pedestrianpassageways around a construction site. Structures, sitesand equipment directly associated with the actualprocesses of construction, such as scaffolding, bridging,materials hoists, or construction trailers are not included.4.1.1 (5) General Exceptions.(a) In new construction, a person or entity is not required

to meet fully the requirements of these guidelines wherethat person or entity can demonstrate that it is structurallyimpracticable to do so. Full compliance will be consideredstructurally impracticable only in those rare circumstanceswhen the unique characteristics of terrain prevent theincorporation of accessibility features. If full compliancewith the requirements of these guidelines is structurally

impracticable, a person or entity shall comply with therequirements to the extent it is not structurally

impracticable. Any portion of the building or facility whichcan be made accessible shall comply to the extent that it isnot structurally impracticable.

CABO/ANSI A117.1-19921.2 ApplicationProvisions of this standard are suitable for: ...- permanent, temporary, and emergency conditionsA3.4 temporary: Examples are temporary classrooms or

classroom buildings at schools and colleges. Otherexamples are movable facilities at the perimeter of a major

construction site to permit accessible and safe passagepast the site. Structures directly associated with theactual processes of major construction, such as portabletoilets, scaffolding, rigging, and trailers are not included.temporary:* Applies to facilities that are not of permanentconstruction but are extensively used or essential forpublic use for a given (short) period of time.

BCMC5.0 SPECIAL OCCUPANCY REQUIREMENTS5.1 General

In addition to the general provisions herein, the followingrequirements for specific occupancies shall apply.1.1 EXCEPTIONS:1. Areas where work cannot reasonably be performed bypersons having a severe impairment (mobility, sight orhearing) are not required to have the specific featuresproviding accessibility to such persons.3. Group U structures.EXCEPTIONS:


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1. In group U agricultural buildings, access is requiredto paved work areas and areas open to the general public.2. Access is required to private garages or carportswhich contain accessible parking.1.1 EXCEPTIONS:4. Temporary structures, sites, and equipment directly

associated with the construction process such asconstruction site trailers, scaffolding, bridging or materialhoists.

Comments*See discussion at specialapplication sections. See alsoBCMC 1.1, Exception 2 (N.E. -exempts Group R3 buildings from

accessibility requirements).Exception 1 - N.E. Building official

is not qualified to makeemployment decision. ADA doesnot permit such an exception.E.Exceeds in that BCMC does notprovide such a general exception.BCMC's specific exceptions areN.E. (see above).


ADA Title III Requirements28 C.F.R. S 36.401(c)(3). If providing accessibility inconformance with this section to individuals with certaindisabilities (e.g., those who use wheelchairs) would bestructurally impracticable, accessibility shall nonetheless beensured to persons with other types of disabilities (e.g.,those who use crutches or who have sight, hearing, ormental impairments) in accordance with this section.4.1.1 (5) (b) Accessibility is not required to (i) observationgalleries used primarily for security purposes; or (ii) in non-

occupiable spaces accessed only by ladders, catwalks,crawl spaces, very narrow passageways, or freight (non-passenger) elevators, and frequented only by servicepersonnel for repair purposes; such spaces include, butare not limited to, elevator pits, elevator penthouses,piping or equipment catwalks.4.1.2 Accessible Sites and Exterior Facilities: NewConstruction. An accessible site shall meet the followingminimum requirements:


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(1) At least one accessible route complying with 4.3 shallbe provided within the boundary of the site from publictransportation stops, accessible parking spaces, passengerloading zones if provided, and public streets or sidewalks,to an accessible building entrance.(2) At least one accessible route complying with 4.3 shallconnect accessible buildings, accessible facilities,

accessible elements, and accessible spaces that are on thesame site.4.1.2 (3) All objects that protrude from surfaces or postsinto circulation paths shall comply with 4.4.4.1.2 (4) Ground surfaces along accessible routes and inaccessible spaces shall comply with 4.5.


4. Accessible Elements and Spaces4.1 Basic ComponentsAccessible sites, facilities, and buildings, including public-

use, employee-use, and common-use spaces in housingfacilities, shall, where required, provide accessibleelements and spaces conforming with Section 4.

BCMC3.1 Accessible Route3.1.1 Accessible routes within the site shall be providedfrom public transportation stops, accessible parking and

accessible passenger loading zones, and public streets orsidewalks to the accessible building entrance they serve.3.1.2 At least one accessible route shall connect

accessible spaces, elements, facilities and buildings thatare on the same site. Where only one accessible route isprovided, it shall not pass through kitchens, storagerooms, restrooms, closets or similar spaces.3.1.3 Where floor levels are required to be connected byan accessible route, and an interior path of travel isprovided between the levels, the accessible route betweenthe levels shall also be interior.14.0 PROTRUDING OBJECTS14.1 Horizontal Projections. Objects projecting from walls

with their leading edges located more than 27 and notmore than 80 inches above the finished floor shall protrudeno more than 4 inches into walks, corridors,passageways, or aisles. Free-standing objects mounted onposts or pylons may overhang 12 inches maximum wherelocated more than 27 and not more than 80 inches abovethe ground or finished floor.14.2 Headroom. There shall be a minimum headroom of 6


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accessible" as required by 4.6.4. The vertical clearance atsuch spaces shall comply with 4.6.5. All such spaces maybe grouped on one level of a parking structure.EXCEPTION: Provision of all required parking spaces inconformance with "Universal Parking Design" (seeappendix A4.6.3) is permitted.

4.1.2 (5) (c) If passenger loading zones are provided, thenat least one passenger loading zone shall comply with4.6.6.

CABO/ANSI A117.1-1992BCMC

3.2 Parking Facilities3.2.1 Number of Accessible Parking Spaces3.2.1.1 Two percent of parking spaces provided for R2

apartments occupancies required to haveaccessible/adaptable dwelling units shall be accessible.

Where parking is provided within or beneath a building,accessible parking spaces shall also be provided within orbeneath the building.3.2.1.3 In occupancies not included in 3.2.1.1 and3.2.1.2, accessible spaces shall be provided inconformance with Table 3.2.

TABLE 3.2Total Parking Spaces Required Minimum Number

Provided of Accessible Spaces1 to 5 1*

6 to 25 126 to 50 251 to 75 376 to 100 4101 to 150 5151 to 200 6201 to 300 7301 to 400 8401 to 500 9501 to 1000 2% of total

more than 1000 20, plus 1 for each 100over 1000

* The accessible space shall be provided but need not be designated asreserved for physically disabled. See 7.0.3.2.1.4 For every eight or fraction of eight accessibleparking spaces, at least one shall be a van accessibleparking space.

Comments*N.E. regarding designation and


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mobility impairments shall be accessible.6.1 Toilet and Bathing Facilities6.1.1 Toilet rooms and bathing facilities shall beaccessible. At least one of each type fixture or element ineach accessible toilet room and bathing facility shall beaccessible.EXCEPTIONS:

1. A toilet room or bathing facility for a single occupantand not for common or public use shall be permitted to beadaptable.2. Dwelling units, guest rooms and patient toilet rooms,unless required by 5.0 to be accessible or adaptable.

Comments*E.

E. No exemption - accessiblespaces required at valet parking.But no requirement for passenger

loading zone. Still consideredequivalent because self-parkingstandards would be applicable in allnew construction, even if buildingowner later decided to do valetparking.P.N.E. Portable toilets not

addressed (because not "code"issue) per se. Since temporarystructures, other than those

associated with construction, arecovered, perhaps all portable toiletsat a site would have to beaccessible. (Section 7.1 seems toassume they are required to beaccessible).



4.1.2 (7) Building Signage. Signs which designatepermanent rooms and spaces shall comply with 4.30.1,4.30.4, 4.30.5 and 4.30.6. Other signs which providedirection to, or information about, functional spaces of thebuilding shall comply with 4.30.1, 4.30.2, 4.30.3, and4.30.5. Elements and spaces of accessible facilities whichshall be identified by the International Symbol ofAccessibility and which shall comply with 4.30.7 are:

(a) Parking spaces designated as reserved for individuals


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with disabilities;(b) Accessible passenger loading zones;(c) Accessible entrances when not all are accessible

(inaccessible entrances shall have directional signage toindicate the route to the nearest accessible entrance);

(d) Accessible toilet and bathing facilities when not all areaccessible.

4.1.3 Accessible Buildings: New Construction. Accessiblebuildings and facilities shall meet the following minimumrequirements:

(1) At least one accessible route complying with 4.3 shallconnect accessible building or facility entrances with allaccessible spaces and elements within the building orfacility.

4.1.3 (2) All objects that overhang or protrude intocirculation paths shall comply with 4.4.

4.1.3 (3) Ground and floor surfaces along accessibleroutes and in accessible rooms and spaces shall complywith 4.5.4.1.3 (4) Interior and exterior stairs connecting levels thatare not connected by an elevator, ramp, or otheraccessible means of vertical access shall comply with 4.9.

CABO/ANSI A117.1-19924. Accessible Elements and Spaces

4.1 Basic ComponentsAccessible sites, facilities, and buildings, including public-

use, employee-use, and common-use spaces in housingfacilities, shall, where required, provide accessibleelements and spaces conforming with Section 4.

BCMC7.0 SIGNS7.1 Required accessible elements shall be identified by theInternational Symbol of Accessibility at the followinglocations:

1. Accessible parking spaces required by 3.2.1, exceptwhere the total parking spaces provided are five or less.

2. Accessible passenger loading zones.3. Accessible areas of refuge. See 9.6.4. Accessible portable toilet and bathing units.

7.2 Inaccessible building entrances, inaccessible publictoilets and bathing facilities and elevators not serving anaccessible route shall be provided with directional signageindicating the route to the nearest like accessible element.3.1.2 At least one accessible route shall connectaccessible spaces, elements, facilities and buildings that


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building codes.18 ADA/ANSI/BCMC Requirements - October 13, 1995

01-03736ADA Title III Requirements

4.1.3 (5)* One passenger elevator complying with 4.10shall serve each level, including mezzanines, in allmulti-story buildings and facilities unless exempted below.

If more than one elevator is provided, each full passengerelevator shall comply with 4.10.4.1.3 (5) EXCEPTION 1: Elevators are not required infacilities that are less than three stories or that have lessthan 3000 square feet per story unless the building is ashopping center, a shopping mall, or the professional officeof a health care provider, or [a terminal, depot, or other

station used for specified public transportation, or anairport passenger terminal. In such a facility, any areahousing passenger services, including boarding and

debarking loading and unloading baggage claim, diningfacilities, and other common areas open to the public,must be on an accessible route from an accessibleentrance (28 C.F.R. S 36.401(d)(2)(ii))].The elevator exemption set forth in this paragraph doesnot obviate or limit in any way the obligation to complywith the other accessibility requirements established in

section 4.1.3. For example, floors above or below theaccessible ground floor must meet the requirements of thissection except for elevator service. If toilet or bathing

facilities are provided on a level not served by an elevator,then toilet or bathing facilities must be provided on theaccessible ground floor. In new construction if a buildingor facility is eligible for this exemption but a full passengerelevator is nonetheless planned, that elevator shall meetthe requirements of 4.10 and shall serve each level in thebuilding. A full passenger elevator that provides servicefrom a garage to only one level of a building or facility isnot required to serve other levels.


BCMC3.1.2 At least one accessible route shall connectaccessible spaces, elements, facilities and buildings thatare on the same site.6.2.1 All passenger elevators on an accessible route shallbe accessible.EXCEPTION: Elevators within a dwelling unit.18.0 Elevators


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Passenger elevators shall comply with ASME/ANSI A17.1and CABO/ANSI A117.1 (4.10).3.1.2 EXCEPTION:

2. In other than the offices of health care providers,transportation facilities and airports, and multitenant GroupM occupancies, floors that are above and below accessiblelevels, and that have an aggregate area of not more than

3000 square feet, and an aggregate occupant load of notmore than 50, need not be served by an accessible routefrom an accessible level.

Comments*3.1.2 - P.N.E. This may beacceptable if all levels andmezzanines in a building are

required to be accessible. If theyare not, then BCMC would notrequire elevator service.

6.2.1 - P.N.E. Does not requireelevator service to each level. Maybe misconstrued to suggest thatelevators in a separate bank that isnot accessible may be newlyconstructed as inaccessible. ADArequires all new elevators to be

accessible, regardless of whetherthey are on an accessible route.

P.N.E. BCMC elevator exemptionmore stringent in the respect thatfloor area limit applies to allbuildings, even those with fewerthan 3 floors, and even floors thatmeet the floor size limit are onlyexempt if they have aggregateoccupant load of 50 or less.However, it needs to be made clearthat all floors must be less than

3000 square feet, not just theinaccessible floors.


ADA Title III Requirements28 C.F.R. S 36.401(d)(ii). Shopping center or shoppingmall means --

(A) A building housing five or more sales or rentalestablishments; or


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(B) A series of buildings on a common site, either undercommon ownership or common control or developed eitheras one project or as a series of related projects, housingfive or more sales or rental establishments. For purposesof this section, places of public accommodation of thetypes listed in paragraph (5) of the definition of "place ofpublic accommodation" in section 36.104 are considered

sales or rental establishments. The facility housing a"shopping center or shopping mall" only includes floorlevels housing at least one sales or rental establishment, orany floor level designed or intended for use by at least onesales or rental establishment.4.1.3 (5) EXCEPTION 2: Elevator pits, elevatorpenthouses, mechanical rooms, piping or equipment

catwalks are exempted from this requirement.4.1.3 (5) EXCEPTION 3: Accessible ramps complying with

4.8 may be used in lieu of an elevator.4.1.3 (5) EXCEPTION 4: Platform lifts (wheelchair lifts)complying with 4.11 of this guideline and applicable stateor local codes may be used in lieu of an elevator onlyunder the following conditions:

(a) To provide an accessible route to a performing area inan assembly occupancy.

(b) To comply with the wheelchair viewing position line-

of-sight and dispersion requirements of 4.33.3.(c) To provide access to incidental occupiable spaces and

rooms which are not open to the general public and whichhouse no more than five persons, including but not limitedto equipment control rooms and projection booths.

(d) To provide access where existing site constraints orother constraints make use of a ramp or an elevatorinfeasible.4.1.3 (6) Windows: (Reserved).


6.2.2 Platform (wheelchair) lifts shall not be part of a

required accessible route in new construction.Comments*

Not addressed. Equivalence ofBCMC's "multitenant Group Moccupancies" provision will dependon building code.P.N.E. Not addressed as elevatorexemptions.Exceeds.


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15.0 DOORS15.1 Doorway Width. Doorways shall have a minimumclear width of 32 inches.EXCEPTIONS:

1. Doorways not required for means of egress in GroupR2 and R3 occupancies.

2. Group I3 occupancies.

3. Storage closets less than 10 sq ft in area.4. Revolving doors.5. Interior egress doorways within a dwelling unit not

required to be adaptable or accessible shall have aminimum clear width of 29 3/4 inches.4.0 ACCESSIBLE ENTRANCES4.1 Each building and structure, and each separate

tenancy within a building or structure, shall be providedwith at least one entrance which complies with theaccessible route provisions of CABO/ANSI A117.1. Not

less than 50% of the entrances shall be accessible.EXCEPTION: Loading and service entrances.4.1 ... and each separate tenancy ...4.2 When a building or facility has entrances whichnormally serve accessible parking facilities, transportationfacilities, passenger loading zones, taxi stands, publicstreets and sidewalks, or accessible interior vertical

access, then at least one of the entrances serving eachsuch function shall comply with the accessible routeprovisions of CABO/ANSI A117.1.

Comments*E. All doors (without limitations)are required to be accessible underBCMC.EXCEPTIONS:2. P.N.E. institutional occupancy -access required.3. P.N.E. when door meant forpassage.

4. E.5. N.E. to the extent this exemptsdwelling units in transient lodging.N.E. BCMC does not require aground floor entrance.N.E. Not addressed.P.E.N.E. because not fully addressedwith regard to tunnels, walkways.


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ADA Title III Requirements4.1.3 (8) (c) If the only entrance to a building, or tenancyin a facility, is a service entrance, that entrance shall beaccessible.4.1.3 (8) (d) Entrances which are not accessible shall have

directional signage complying with 4.30.1, 4.30.2, 4.30.3and 4.30.5, which indicates the location of the nearestaccessible entrance.4.1.3 (9)* In buildings or facilities, or portions of buildingsor facilities, required to be accessible, accessible means ofegress shall be provided in the same number as requiredfor exits by local building/life safety regulations. Where a

required exit from an occupiable level above or below alevel of accessible exit discharge is not accessible, an areaof rescue assistance shall be provided on each such level

(in a number equal to that of inaccessible required exits).Areas of rescue assistance shall comply with 4.3.11. Ahorizontal exit, meeting the requirements of localbuilding/life safety regulations, shall satisfy therequirement for an area of rescue assistance.EXCEPTION: Areas of rescue assistance are not requiredin buildings or facilities having a supervised automatic

sprinkler system.CABO/ANSI A117.1-1992

BCMC7.2 In accessible building entrances, inaccessible publictoilets and bathing facilities and elevators not serving anaccessible route shall be provided with directional signageindicating the route to the nearest like accessible element.8.0 ACCESSIBLE MEANS OF EGRESS8.1 All required accessible spaces shall be provided withnot less than one accessible means of egress. Wheremore than one means of egress is required from anyrequired accessible space, each accessible portion of the

space shall be served by not less than two accessiblemeans of egress.8.2 Each accessible means of egress shall be continuousfrom each required accessible occupied area to a publicway and shall include accessible routes, ramps, exit stairs,elevators, horizontal exits or smoke barriers.8.2.1 An exit stair to be considered part of an accessiblemeans of egress shall have a clear width of at least 48inches between handrails and shall either incorporate an


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area of refuge within an enlarged story-level landing orshall be accessed from either an area of refuge complyingwith 9.0 or a horizontal exit.EXCEPTIONS:

1. Exit stairs serving a single dwelling unit or guest room.2. Exit stairs serving occupancies protected throughout

by an approved automatic sprinkler system.3. The clear width of 48 inches between handrails is not

required for exit stairs accessed from a horizontal exit.Comments*

P.N.E. Not addressed (blanketexemption for service entrances.)Is a service entrance treated as apublic entrance when it is the only

entrance provided?E. for entrances.

8.1 - N.E. "Limit" of two notequivalent, especially in very largefacilities where four exits may berequired by building/life safetyregulations.8.2 - Allowing exit stairs isproblem. "Exit stairs that are part ofan area of refuge" or "exit stair

complying with 8.2.1" would bebetter.

8.2.1 - E. Generally. Slightlydifferent in that 48" wide stairsmay be part of an accessible meansof egress.


ADA Title III RequirementsCABO/ANSI A117.1-1992

BCMC8.2.2 An elevator to be considered part of an accessible

means of egress shall comply with the requirements ofSection 211 of ASME/ANSI A17.1 and standby powershall be provided. The elevator shall be accessed fromeither an area of refuge complying with 9.0 or a horizontalexit.EXCEPTION: Elevators are not required to be accessed byan area of refuge or a horizontal exit in occupanciesequipped throughout with an automatic sprinkler system.8.3 In buildings where a required accessible floor is four


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or more stories above or below a level of exit dischargeserving that floor, at least one elevator shall be provided tocomply with 8.2.2 and shall serve as one requiredaccessible means of egress.EXCEPTION: In fully sprinklered buildings, the elevatorshall not be required on floors provided with a horizontalexit and located at or above the level of exit discharge.

8.4 Platform (wheelchair) lifts shall not serve as part of anaccessible means of egress.EXCEPTION: Within a dwelling unit.9.0 AREAS OF REFUGE9.1 Every required area of refuge shall be accessible fromthe space it serves by an accessible means of egress. Themaximum travel distance from any accessible space to an

area of refuge shall not exceed the travel distancepermitted for the occupancy. Every required area of refugeshall have direct access to an exit complying with 8.2.1 or

an elevator complying with 8.2.2. Where an elevatorlobby is used as an area of refuge, the elevator shaft andlobby provided to comply with 8.2.2 shall be pressurizedto comply with the requirements for smokeproofenclosures, except where elevators are in an area of refugeformed by a horizontal exit or smoke barrier.EXCEPTION: Areas of refuge are not required in open

parking garages.(9.2 through 9.9 are technical provisions. See ADAStandards/ANSI.)

4.3.9* Egress. Accessible routes serving any accessiblespace or element shall also serve as a means of egress foremergencies or connect to an accessible area of refuge.

Comments*E.E.E.



4.1.3 (10)* Drinking Fountains:(a) Where only one drinking fountain is provided on a

floor there shall be a drinking fountain which is accessibleto individuals who use wheelchairs in accordance with4.15 and one accessible to those who have difficultybending or stooping. (This can be accommodated by theuse of a "hi-lo" fountain; by providing one fountainaccessible to those who use wheelchairs and one fountain


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EXCEPTIONS:1. A toilet room or bathing facility for a single occupant

and not for common or public use shall be permitted to beadaptable.

2. Dwelling units, guest rooms and patient toilet rooms,unless required by 5.0 to be accessible or adaptable.6.4 Storage and Locker Facilities

Where storage facilities such as cabinets, shelves, closets,lockers and drawers are provided in required accessible oradaptable spaces, at least one of each type shall containstorage space complying with A117.1 (4.23).6.8 Controls, Operating Mechanisms and HardwareControls, operating mechanisms and hardware, includingswitches that control lighting, ventilation or electrical

outlets, in accessible spaces, along accessible routes or asparts of accessible elements, shall be accessible.

Comments*N.E. Need to address fountains forpeople who have difficulty bendingor stooping.E.E.P.N.E. Lack of requirement may beconstrued as permitting inaccessible

floor levels (i.e. platforms) inmercantile occupancies. BCMC

states that self-service shelves anddisplay units are "inappropriate forincorporation into a building code."Spaces for these shelves must berequired to be on an accessibleroute.E.



4.1.3 (14) If emergency warning systems are provided,then they shall include both audible alarms and visualalarms complying with 4.28. Sleeping accommodationsrequired to comply with 9.3 shall have an alarm systemcomplying with 4.28. Emergency warning systems inmedical care facilities may be modified to suit standardhealth care alarm design practice.4.1.3 (15) Detectable warnings shall be provided atlocations as specified in 4.29.


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4.1.3 (16) Building Signage:(a) Signs which designate permanent rooms and spacesshall comply with 4.30.1, 4.30.4, 4.30.5 and 4.30.6.(b) Other signs which provide direction to or informationabout functional spaces of the building shall comply with4.30.1, 4.30.2, 4.30.3, and 4.30.5.

EXCEPTION: Building directories, menus, and all othersigns which are temporary are not required to comply.


19.0 ALARM SYSTEMSRequired fire protective signalling systems shall includevisible alarm-indicating appliances in public and commonareas.

6.5 Detectable WarningsTransit platform edges bordering a drop-off and not

protected by platform screens or guardrails shall have adetectable warning.EXCEPTION: Bus stops.7.0 SIGNS7.1 Required accessible elements shall be identified by theInternational Symbol of Accessibility at the followinglocations:

1. Accessible parking spaces required by 3.2.1, except

where the total parking spaces provided are five or less.2. Accessible passenger loading zones.

3. Accessible areas of refuge. See 9.6.4. Accessible portable toilet and bathing units.

7.2 Inaccessible building entrances, inaccessible publictoilets and bathing facilities and elevators not

US Department of Justice Civil Rights Division - Letter - tal626

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Transcript of US Department of Justice Civil Rights Division - Letter - tal626