• Board Publishes New ADA and ABA Accessibility Guidelines
• Answers to Common Questions About the New ADA-ABA Guidelines
• The ADA and ABA Accessibility Guidelines:  An Overview
• Board Cancels Out-of-Town Meeting in Chicago
• USAID  Issues New Access Policy for Overseas Projects
• President Issues Executive Order on Emergency Preparedness
• Board to Participate in European Conference on Communication and IT Access
• In Memoriam:  Hugh Gallagher, “Father of the ABA”

On July 23, the Access Board published new design guidelines that cover access for people with disabilities under the Americans with Disabilities Act (ADA).  The guidelines update access requirements for a wide range of facilities in the public and private sectors covered by the law. The published rule also includes updated guidelines for Federal facilities covered by the Architectural Barriers Act (ABA).  Both the ADA guidelines and the ABA guidelines, which the Board updated jointly to make them more consistent, address access in new construction and alterations and contain scoping provisions, which indicate what has to comply, and technical specifications, which spell out how compliance is to be achieved. 

The new design document is the culmination of a comprehensive, decade-long review and update of the Board’s ADA Accessibility Guidelines, which were first published in 1991.  Revisions have been made so that the guidelines continue to meet the needs of people with disabilities and keep pace with technological innovations.  For example, new provisions for ATMs specify audible output so that people with vision impairments are provided equal access, and reach ranges have been lowered to better serve people who use wheelchairs and persons of short stature.  The guidelines also feature a new format and organization and have been extensively edited for greater clarity.  “This new version of the guidelines will not only improve access, but will also enhance compliance by making it easier to achieve,” noted Jan Tuck, Vice Chair of the Board.

As part of this update, the Board has made its guidelines more consistent with model building codes, such as the International Building Code (IBC), and industry standards.  It coordinated extensively with model code groups and standard-setting bodies throughout the process so that differences could be reconciled.  As a result, a historic level of harmonization has been achieved which has brought about improvements to the guidelines as well as to counterpart provisions in the IBC and key industry standards, including those for accessible facilities issued through the American National Standards Institute (ANSI).  The Board believes that this achievement will greatly facilitate compliance.

The Board’s guidelines serve as the baseline for standards used to enforce the ADA and the ABA.  These standards, which are maintained by other Federal agencies, such as the U.S. Department of Justice under the ADA, will be updated according to the new guidelines.  It is these standards, not the Board’s guidelines, that the public must follow.   

Copies of the new guidelines are available from the Board and are posted on its website at www.access-board.gov/ada-aba.htm. To order a copy, call the Board’s publications order line at (202) 272-0080 (voice), (202) 272-0082 (TTY) or send an e-mail to pubs@access-board.gov and request publication S-50.

How were the guidelines developed?
The Board organized an advisory committee to review the original guidelines and to recommend changes in order to get input from a cross section of stakeholders at the outset of the process.  The ADAAG Review Advisory Committee, which included representation from the design and construction industry, the building code community, and people with disabilities, among others, submitted a report to the Board that detailed recommended revisions to the substance, organization, and format of the guidelines.  The finalized guidelines are based largely on these recommendations.  The Board published the guidelines in proposed form in November, 1999 and made them available for public comment for six months.  The Board received over 2,500 public comments on its proposal and finalized the guidelines based on this input.   

Should the new guidelines be followed at this time?
No. The Board’s guidelines are not mandatory on the public, but instead serve as the baseline for enforceable standards (which are) maintained by other Federal agencies.  In this respect, they are similar to a model building code in that they are not required to be followed except as adopted by an enforcing authority.  Under the ADA, the Department of Justice (and in the case of transit facilities, the Department of Transportation) are responsible for enforceable standards based on the Board’s guidelines.  These agencies will update their ADA standards based on the new guidelines.  In doing so, they will indicate when the new standards are to be followed.  Several other agencies (the General Services Administration, Department of Defense, Department of Housing and Urban Development, and the U.S. Postal Service) hold a similar responsibility for standards under the ABA. 

“Guidelines” … “Standards” … what’s the difference?
Guidelines versus standards … it’s an important distinction under the ADA and ABA.  Guidelines are issued by the Board, standards by designated agencies such as the Department of Justice.  Standards are what the public must follow to comply with the laws; the guidelines are what these agencies must follow in setting or updating their standards.  When the Board issues guidelines, it does not change compliance for the public until the standards are similarly changed and an effective date set.

What standards should be followed at this time under the ADA … the ABA?
The existing standards are to be followed until the effective date of the updated standards.  ADA standards issued by the departments of Justice (DOJ) and Transportation (DOT) in 1991 based on the Board’s original ADA Accessibility Guidelines (ADAAG) remain the standards to follow at this time.  (DOJ’s regulations permit state and local governments the option of using an earlier standard known as the Uniform Federal Accessibility Standards (UFAS) as an alternative.)  Under the ABA, UFAS remains the applicable standard until its replacement by new standards based on the Board’s updated guidelines (some Federal agencies have a policy of applying ADAAG in addition to UFAS).

The ADA standards are contained in regulations issued by DOJ and DOT.  The current edition still in effect at this time is based on the ADA Accessibility Guidelines (ADAAG) as published by the Board in 1991.  For further information on the ADA standards, contact DOJ or, in the case of transit facilities, DOT:

• DOJ  (800) 514-0301 (v) (800) 514-0383 (TTY) http://www.ada.gov
• DOT (888) 446-4511 http://www.fta.dot.gov

When will the standards be updated?
The responsible agencies will issue notices on the update of their ADA or ABA standards that will provide an opportunity for public comment.  In doing so, these agencies will address application issues, such as how much lead time to allow in setting an effective date for the new standards.  Gauging the turn-around time for this process, which may vary by agency, is often difficult due to the regulatory steps involved.  The Board will provide updates on the progress made by the standard-setting agencies through its newsletter, e-mail updates, and its website.                                                                                                                 

What are some of the major changes to be found in the new guidelines?
Answers to this question are addressed in the special insert to this issue (below).

The ADA and ABA Accessibility Guidelines: An Overview 

On July 23, 2004, the Access Board issued updated accessibility guidelines for new or altered facilities covered by Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA).  These guidelines address a wide range of facilities in the private and public sectors.  Presented here is an overview of the new guidelines that also highlights significant changes.

Organization and Format
The guidelines have been reorganized and editorially revised throughout to enhance their usability.  These changes include:

• a new numbering system consistent with model codes
• a more streamlined structure and organization of chapters
• updated scoping and technical provisions, with a greater structural delineation between them
• new figures and commentary (advisory information)
• provision of all figure-based information in written text

Supplements to ADAAG
The Board previously developed supplements to the original ADA guidelines that are specific to different types of facilities and elements. These include guidelines for state and local government facilities, including courthouses and prisons (1998), building elements designed for children’s use (1998), play areas (2000), and recreation facilities (2002). These supplements are included in the new guidelines.  They have been revised for consistency with the format and approach of the new document, but their substance remains unchanged.

A Rule in Three Parts 
The Board coordinated its update of the ADA and ABA guidelines into a single rule.  The final rule contains updated scoping provisions, which specify what has to be accessible, and technical requirements, which spell out how access is achieved.  It contains three parts:  a scoping document for ADA facilities (Part I), a scoping document for ABA facilities (Part II), and a common set of technical criteria referenced by both scoping documents (Part III).   

Part I:  ADA Application and Scoping (Chapters 1 and 2)

Chapter 1:  Application and Administration
The guidelines include general provisions that recognize the purpose of the guidelines (101), specifications for adults and children (102), equivalent facilitation, which permits departures providing equal or greater access (103), conventions (104), referenced standards (105), and definitions (106).  These provisions include instructions on applying the guidelines, such as conventions concerning specified dimensions.  Throughout the guidelines, the Board has replaced absolute dimensions with specified ranges wherever practicable to facilitate compliance.

The guidelines reference several model building codes and industry standards.  These include industry standards for powered doors, elevators, platform lifts, and play surfacing and equipment.  Requirements for means of egress and fire alarms are addressed through references to the International Building Code (IBC) and the National Fire Alarm Code (NFPA 72).  The guidelines reference the most recent editions of these codes and standards.

Chapter 2:  Scoping Requirements
Chapter 2 is comprised of provisions that specify which spaces and elements are required to comply.  The format and content of the guidelines reinforce the underlying premise that all areas of newly constructed facilities are required to be accessible unless otherwise noted.  Consequently, exceptions from the requirements are more thoroughly covered. 

The new guidelines enhance coverage of employee work areas.  The original ADA guidelines specified that work areas be on an accessible route so that persons with disabilities can approach, enter, and exit the space.  In addition to this, the new guidelines also require the accessibility of circulation paths within sizable (1000 square feet or more) work areas (203.9).  They also address accessible means of egress from work areas and connections for visual alarms.  Another notable revision concerns press boxes, which by their elevation and location have posed challenges to access.  The new guidelines include an exception for certain press boxes based on their size, elevation, and location (206.2).

Other revisions include:

• enhanced scoping for public entrances (206.4), van parking (208), passenger loading zones (209), stairways (210), and telecommunication devices (TTYs) at pay phones for persons with hearing or speech impairments (217);
• new or clarifying provisions covering access to different types of elevators (destination-oriented, limited-use/ limited application or “LULA,” and residential elevators) (206), drinking fountains (211), kitchens, kitchenettes, and sinks (212), washing machines and clothes dryers (214), signs (216), dispersed wheelchair seating (221), windows (229), and residential dwelling units (233);
• reduced scoping for unisex toilet rooms located at a single location (half instead of all) (213), and for wheelchair spaces in large assembly areas (221).

Part II:  ABA Application and Scoping (Chapters F1 and F2)

Application and scoping requirements for ABA facilities are based on those for ADA facilities to ensure a consistent level of access.  There are differences in certain areas which stem from variations between the ADA and ABA statutes.  For example, the ABA is broader in its coverage of employee work areas, a difference reflected in the updated guidelines.  Exceptions for work areas that limit coverage in the ADA scoping document are not included in the ABA counterpart.  Other ABA provisions that differ from the ADA document concern modifications and waivers (F103), definitions (F106), additions (F202.2), leased facilities (F202.6), existing elements (F203), and residential facilities (F234).                                  

Part III:  Technical Requirements (Chapters 3 – 10)

Part III contains technical chapters referenced by the ADA and ABA scoping documents.

Chapter 3:  Building Blocks
Chapter 3 provides criteria for basic elements considered to be the “building blocks” of accessibility as established by the guidelines, including ground and floor surfaces (302), changes in level (303), wheelchair turning space (304), clear floor space (305), knee and toe clearances (306), protruding objects (307), reach ranges (308), and operable parts (309). 

The guidelines specify reach ranges according to the approach (forward or side).  A significant change of this chapter reduces the maximum side reach range from 54 to 48 inches, the height specified for forward reaches.  This change, which was recommended by the ADAAG Review Advisory Committee and strongly supported by public comments, includes exceptions for certain elements, such as gas pumps.

Chapter 4:  Accessible Routes
All components of accessible routes have been combined into one chapter that covers walking surfaces (403), doors (404), ramps (405), curb ramps (406), elevators (407 - 409), and platform lifts (410).

New specifications are provided that clarify access at recessed doors, ramps (edge protection), and curb ramps (top landings).  Provisions for elevators recognize a greater range of designs and dimensions for standard cars and include new technical criteria for other types of elevators:  destination-oriented, limited-use/ limited-application, and residential.  Provisions for platform lifts have been updated and reference a new industry standard (ASME A18.1).

The original guidelines required detectable warnings, a distinctive tactile surfacing, on the surface of curb ramps and other areas to alert people with vision impairments of their approach to streets and drop-offs at boarding platforms.  The new guidelines do not include a requirement for detectable warnings at curb ramps or hazardous vehicular areas since the Board is revisiting this issue in a separate rulemaking on accessible public rights-of-way.  (Under the new guidelines detectable warnings are still required along the edges of boarding platforms in transit facilities.)

Chapter 5:  General Site and Building Elements
This chapter contains requirements for parking (502), passenger loading zones (503), stairways (504), and handrails (505).  Revisions of this chapter include a new provision specific to angled van parking spaces and revamped specifications for handrails that will permit a greater range of designs and shapes. 

Chapter 6:  Plumbing Elements and Facilities
Specifications for plumbed fixtures address drinking fountains (602), toilet and bathrooms (603), water closets and compartments (604), urinals (605), lavatories and sinks (606), bathtubs (607), showers (608), grab bars (609), tub and shower seats (610), washing machines and clothes dryers (611), and saunas and steam rooms (612). 

Some provisions have been revised to help improve compliance as well as access.  For example, an absolute dimension for the centerline placement of toilets (18”) has been replaced with a range (16” – 18”).  To improve access and allow side transfers at toilets, lavatories are no longer permitted to overlap the required clear space aside toilets.

Other changes of this chapter concern drinking fountains (side approach access is no longer permitted at wheelchair accessible units), shower compartments (specifications for water temperature, spray units, and curbs), and new criteria for washing machines and clothes dryers. 

Chapter 7:  Communication Elements and Features
This chapter provides technical criteria for communication elements such as fire alarms (702), signs (703), telephones (704), detectable warnings (705), assistive listening systems (706), ATMs and fare machines (707), and two-way communication systems (708).  Substantive changes include:

• addressing technical criteria for fire alarms through the National Fire Alarm Code (NFPA 72), which effectively overhauls specifications for visual alarms in a manner that will facilitate compliance while enhancing design and installation options
• revamped specifications for signs
• new specifications for the capabilities and sound quality of assistive listening systems that derive from Board-sponsored research
• improved access at ATMs and fare machines for persons with vision impairments through detailed criteria for audible output and tactile markings
• revised specifications for detectable warnings to allow a greater range of designs and products

Chapter 8:  Special Rooms, Spaces, and Elements
Various types of occupancies and spaces are addressed in Chapter 8.  These include: assembly areas (802), dressing, fitting, and locker rooms (803), kitchens and kitchenettes (804), medical care facilities (805), transient lodging (806), holding and housing cells (807), courtrooms (808), residential dwelling units (809), transportation facilities (810), and storage (811).   The new guidelines are structured to make provisions for certain types of facilities or spaces more integral to the document as a whole.  Some provisions specific to these facilities that cover elements also addressed for facilities generally are located in other chapters.  For example, Chapter 6 (Plumbing Elements and Facilities) includes provisions specific to toilet and bathing facilities in residential dwelling units. 

The requirements found in Chapter 8 were reorganized to clarify the application of requirements for certain types of spaces without respect to the overall occupancy.  For example, specifications for kitchens and kitchenettes apply whether such spaces are located in a hotel guest room, a dwelling unit, or an employee break room.  This differs from the original guidelines which addressed kitchens and kitchenettes only in relation to transient lodging facilities and, in the case of the ABA guidelines, dwelling units. 

Chapter 9:  Built-In Furnishings and Equipment
Chapter 9 covers built-in furnishings and equipment and provides specifications for dining and work surfaces (902), benches (903), and sales and service counters, including check-out aisles (904).  The guidelines provide revised specifications for benches which include revised criteria for back support.

Chapter 10:  Recreation Facilities and Play Areas
Technical provisions for various types of recreation facilities, including play areas the Board developed previously as supplements to the original ADA guidelines are located in Chapter 10.  They have been integrated into the new guidelines without substantive change.  Requirements are provided for amusement rides (1002), recreational boating facilities (1003), exercise machines (1004), fishing piers and platforms (1005), golf facilities (1006), miniature golf facilities (1007), play areas (1008), swimming pools, wading pools, and spas (1009), and shooting facilities with firing positions (1010).

Board Cancels Out-of-Town Meetings in Chicago
The Board has cancelled public meetings scheduled for October in Chicago in place of other events that were held to publicize its release of the new ADA and ABA guidelines and to celebrate the 14th anniversary of the ADA on July 26th.  These meetings were to cover different aspects of accessibility, including Board initiatives on passenger vessels, courthouses, and international outreach.  Some of these meetings may be rescheduled for a later date. 

In July, the U. S. Agency for International Development (USAID) announced a new policy to ensure access to construction projects it funds worldwide.  USAID operates programs and services in over 100 countries to help improve economic growth, agriculture, trade, governance, education, and health.  Some of these projects involve the construction or renovation of facilities. The new policy promotes universal design, which focuses on accommodating the broadest range of people, including those with disabilities, and recognizes available standards used in a host country.  However, USAID will also require that the level access provided meet or exceed the one specified in the Board’s new ADA and ABA accessibility guidelines.  Under this policy, the Board will serve as USAID’s consultative partner in developing and maintaining accessibility requirements and providing technical assistance and training on accessibility criteria.

The policy applies to all construction activities funded by USAID, including those undertaken  by contractors and other government agencies through inter-agency agreements.  It also recognizes certain exceptions, such as emergency construction that is temporary in nature, and sets up a waiver process. For further information on this policy, contact USAID at (202) 789-1500.

On July 22, 2004, President George Bush issued an executive order that directs the federal government to address the safety and security needs of people with disabilities in emergency situations.  These include natural and man-made disasters, such as floods, earthquakes, hurricanes, and acts of terrorism. The order creates an Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities to oversee the implementation of this policy.  The Interagency Council will be headed by the Director of Homeland Secretary Tom Ridge and will include representatives from various Federal departments and agencies.  The executive order is posted on the White House website at http://www.whitehouse.gov/news/orders/.

Other sources of information on emergency preparedness for people with disabilities include:

• the National Organization on Disability, which has assumed a lead role on the issue, has developed materials and guides which are available on its web-site at http://www.nod.org
• information and links to resources are posted on the Board’s website at  http://www.access-board.gov/evac.htm
• the Federal Emergency Management Agency has prepared materials which are posted on its website at http://www.fema.gov.
   

Conference On Emergency Preparedness For People With Disabilities

September 22-24, 2004

Hyatt Regency Crystal City

Arlington, Virginia 

organized by the National Capital Region in partnership with DHS and NOD

for more information contact:

(202) 833-4456 x103

Email: mailto:Sarah@nataliepshear.com

The European Commission, the Access Board, and other organizations will hold an international workshop on accessible information and communication technologies October 19 – 21, 2004 in Brussels, Belgium.  The conference will focus on harmonizing accessibility requirements for use in public procurement of information technology and communication products and services.  Briefings will be given on approaches taken and policies implemented in European Union member nations, the U.S., Canada, and Japan.  The Board plans to provide information on its standards for electronic and information technology and its guidelines for telecommunication products.  For further information, contact Doug Wakefield at wakefield@access-board.gov.

In Memoriam:  Hugh Gallagher, “Father of the ABA”

Hugh G. Gallagher, a former legislative aide and noted author, died of cancer July 13th at age 71.  Gallagher, who was paralyzed after a bout with polio in his college years, worked on the staff of Senator E.L. "Bob" Bartlett (D-Alaska) and later as a legislative aide to President Lyndon Johnson.  He was the creative force behind the Architectural Barriers Act (ABA) of 1968, which stands as the first measure by Congress to ensure access to the built environment.  Former Senate majority leader Robert Dole once noted that Gallagher’s “most outstanding contribution to the quality of life of people with disabilities was to successfully place disability rights on Congress' agenda for the first time."  While its scope was limited to facilities built or altered with Federal money, the ABA helped pave the way for more sweeping laws, such as the ADA.  The inspiration for the ABA stemmed from Gallagher’s own frustration with the lack of access to Federal buildings in the capital.  The Access Board was later created to enforce the ABA.  Gallagher was also a prolific writer whose works include a well-received biography of Franklin Roosevelt, FDR's Splendid Deception, and a memoir exploring his experiences with depression. 

Access Currents is a free newsletter issued by the Access Board every other month by mail and e-mail. Send questions or comments to news@access-board.gov or call (800) 872-2253 ext. 0026 (voice) or (800) 993-2822 (TTY). Mailing address: 1331 F Street, N.W., Suite 1000; Washington, D.C. 20004-1111.