ADA Shop Talk Episode 032 – Is A 5' Turning Circle Required In An Office, Accessible Parking For Public And Employees, Reasonable Accommodation Request, Is Direct Access Required To The Bathrooms In Apartments?

We are back in the studio this week and loaded with questions and updates for you.

Questions answered this episode:

Tony – Is a 5' turning circle of clearance required in an office. Specifically, the manager’s office of a grocery store.

John – Hello gentlemen, love the podcast! If a property owner is intent on providing only the minimum number of accessible parking spaces required to satisfy 11B-208.2 for a commercial facility that has both public and employee only building entrances, can a portion of those accessible spaces provided be allocated to an employee only entrance which does not connect to an accessible route servicing public entrances?

John – A property manager of an apartment building in Southern California contacted me to consult on a reasonable accommodation request. The apartment building was originally constructed in 1959, has never been remodeled, and there are practically no accessible features. One of the tenants was in an accident and confined to a wheelchair. That tenant has requested that the carpet in the apartment be removed and tile or some other type of hard surface be provided. During the review of the apartment, I noticed that the carpet had less than a 1/2? pile. Would you advise that the carpet is removed even though it meets the code? Would you consider this covered by the reasonable accommodation requirements of the Fair Housing Amendment Act?

Anonymous – I have been asked to do a plan review on a covered multifamily unit. The accessible unit has two restrooms, however, they are both located in such a manner that the only access is through bedrooms. This looks very odd to me and I can think of so many reasons why only being able to access the restrooms through the bedrooms would be impractical. However, the building official wants a code to hang my hat on. Question: Is Direct Access required to the restrooms?

David – Hi Mark and Paul: I have an upcoming review in a more urban location. It is a dining establishment in a larger building along a busy street. There is public street parking only. No parking lot or garage is associated with the establishment nor are there any accessible stalls along the street. How do you typically deal with situations like this? Obviously, the establishment cannot mandate that the city provides an accessible parking stall on the street. But how is the business protected from a lawsuit claiming that they have not provided accessible parking for their establishment?

Jose – Small shopping center about to open an ice cream store they have an existent old building made upgrades o the interior does this trigger the existent restroom in the back to meet accessibility they do have tables and chairs please advise.?

Joe – Hi Paul and Mark: I’m a Plans Examiner and for a City Building Dept. and CASp certified. I have a unique question. What is the maximum number of accessible parking spaces in a parking lot? Have you heard or know of a case law of reverse discrimination related to not enough parking for able body persons?

News, Updates & Training

U.S. Access Board Issues Guidance on the International Symbol of Accessibility

The U.S. Access Board has released guidance on the International Symbol of Accessibility (ISA) to address questions that have arisen on the use of alternative symbols. Some cities and states have adopted a different symbol that was created to be more dynamic and suggestive of movement. The Board’s guidance explains how use of a symbol other than the ISA impacts compliance with the Americans with Disabilities Act (ADA).

Standards issued under the ADA require that the ISA label certain accessible elements, spaces, and vehicles, including parking spaces, entrances, restrooms, and rail cars. Similar requirements are contained in standards issued under the Architectural Barriers Act (ABA) for federally funded facilities. The ISA, which is maintained by the International Organization for Standardization (ISO), has served as a world-wide accessibility icon for almost 50 years.

“Consistency in the use of universal symbols is important, especially for persons with limited vision or cognitive disabilities,” states Marsha Mazz, Director of the Board’s Office of Technical and Information Services. “In addition to the ADA and ABA Standards, many codes and regulations in the U.S. and abroad also require display of the ISA.”

While the ADA Standards do not recognize specific substitutes for the ISA, they do generally allow alternatives to prescribed requirements that provide substantially equivalent or greater accessibility and usability under a provision known as “equivalent facilitation.” However, in the event of a legal challenge, the entity pursuing an alternative has the burden of proof in demonstrating equivalent facilitation. Under the ABA Standards, use of a symbol other than the ISA requires issuance of a modification or waiver by the appropriate standard-setting agency.

“The Board understands the interest out there to revisit the ISA but strongly recommends that such efforts be directed to the ISO to ensure consensus in adoption and uniformity in implementation,” says Mazz.

The ISA bulletin is posted on the Board’s website along with other issued guidance on the ADA Standards and the ABA Standards. For further information, contact Dave Yanchulis, yanchulis@access-board.gov, (202) 272-0026 (v), or (202) 272-0027 (TTY).

CASI | Code Discussion Group Meeting | Wednesday, April 19

The next code discussion group meeting held at the Division of the State Architect (DSA) Headquarters Office is Wednesday, April 19 from 11:30 AM to 1:00 PM. If possible, please send details of an issue you would like the group to discuss to Debbie.Wong@dgs.ca.gov. in advance of the meeting. DSA will address submitted topics first before we open the discussion to items not previously submitted.

For those attending in person, the address is:
DSA Headquarters Conference Room A
1102 Q Street, Suite 5100
Sacramento, CA 95811

For those attending virtually, the call-in number is:
Line: 888-204-5984
Participant code: 8458753#

Individuals who plan on attending are requested to send an email to CASprogram@dgs.ca.gov, with CCDG indicated on the subject line any time prior to the start of the discussion group. This new procedure will minimize the time taken to confirm and record attendance at the discussion. Reservations, however, are not required to attend, and individuals who did not have an opportunity to send an email will be able to acknowledge their presence on the call after the names of those who have reserved have been announced.

For more information on the CASp Code Discussion Group, including the dates of future sessions, please visit the DSA CASp website at www.dgs.ca.gov/casp.

CASI Ask A CASp Now Hosted through WorkGroup by CORADA, powered by Evan Terry Associates

Ask A CASp is now being hosted through WorkGroup by CORADA, powered by Evan Terry Associates.

Please note that this WorkGroup is private and open only to CASI members. Only CASI members who are CORADA users will see the questions and responses. More information about WorkGroups can be found here on the right side of the page under “Help”. To see “Ask a CASp” questions, click on the “User Account” button in the top right of your screen, go to “My WorkGroups”, and the “Ask a CASp” posts can be found under “Voices Activity”.

As a CASI member, you received a free subscription as a Premium User to Corada, a Comprehensive Online Resource to the ADA. If you have not taken advantage of that free subscription and signed in, you will need to do that in order to view the information in the Ask a CASp WorkGroup. To obtain access to your free subscription, please email info@casinstitute.org and we will send you an informational email to sign-up for your free subscription.

To enter your response, just hit the reply button below, select “General Comment or Question”, and type in your response. You do have the option to post your answer anonymously – just choose yes or no by clicking the toggle button next to “Post anonymously?”

2017 Sacramento Valley of Association of Building Officials Minstitute

SVABO’s Minstitute is returning in the Spring of 2017! The event that started in 2013 has grown and keeps getting bigger and better, providing crucial programs and quality educators needed in the building industry. We have secured a great venue, Citrus Heights Community Center, where all of the training will be held under one roof to accommodate a growing number of attendees who keep making Minstitute a success.

Download the MINSTITUTE CATALOG for detailed information on class descriptions and instructors.

Register Online

COSTS
Early Registration:
Until April 15th – $135 Per Class for Members | $160 Per Class for Non-Members

Late Registration:
After April 15th – $150 Per Class for Members | $180 Per Class for Non-Members

All Classes are 8:00 a.m. – 4:00 p.m. (registration begins at 7:00 a.m.).

National ADA Symposium May 14-17, Chicago Hyatt Regency O’Hare

The National ADA Symposium is an annual conference on the Americans with Disabilities Act. This four-day event features 72 breakout sessions, pre-conference, keynote, welcome reception, and exhibits. More Info