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2	REQUIRED ACCESSIBILITY in the built environment under OHIO LAW Wednesday, June 14, 2000
3	Today We’ll Cover: Why are we still having problems…. what’s so different about accessibility ? History of Laws & Rules that got us here What’s been done to educate code enforcement people & what can we do to get better? Changing our perspective & finding the most efficient &effective way to access a building
4	What’s Different about Accessibility for Designers and Code Officials? A building is designed and its facilities are constructed based on three primary influences: How the owner/client describes their intention for the way the building will be used & how much money is dedicated to its construction The educational background & professional experience of the designer Other influences like : Contractors who make recommendations to the owner on material choices and methods for accomplishing the design objectives Building & zoning codes and other regulations that affect building design Unless the building is intended specifically for medical or other care services, the owner generally will not specifically think about barrier-free design. So……………………….
5	"That leaves it up to..." That leaves it up to the designer and “other influences” to assure that the construction design satisfies the requirements in codes and other regulations. Although it would seem the designer should understand and apply the code requirements, we have to be fair, there are an enormous number of code provisions and standards that apply to facilities. In the typical university or college program required for engineers or architects, how many courses or how much classtime do you think is devoted to teaching a designer how to use the code? four classes, 16 credit hours two classes, 8 credit hours one class, 3 or 4 credit hours less than one course How much classtime do you think is devoted to teaching a designer about accessibility or barrier-free requirements? one course part of one course an elective course zero Although the design firms who hire the graduates help “fill in the blanks”, for the most part, most designers learn to comply with regulations by: studying at home attending night classes attending classes offered by building officials’ associations having plans rejected when applying for permits
6	"This places a significant responsibility..." This places a significant responsibility on code enforcement professionals. They are the “other influence” and last in the chain to make sure the built environment meets society’s expectations. Unfortunately, there is no national or state system for preparing this profession for this overwhelming task. New building officials, plans examiners and inspectors are tested to determine if they can cross reference the code and then sent out to assure that a level of heath and safety is maintained for the public. No one can be totally prepared entering a new code enforcement position so we naturally focus on what others in the profession identify as priorities and those areas that we are experienced in. Understandably, fire & electrical safety, structural integrity, exiting, air quality & sanitation are priorities and these areas become the code enforcement professional’s focus when further training is planned. So where does accessibility or barrier-free design fit in these traditional priority groups? Is it a electrical safety issue? Structural Fire Protection Egress/Exiting Air Quality/Mechanical Health issue? Water Supply/Sanitation Is it an energy conservation issue?
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8	FACILITY USABILITY Accessible design criteria is in the code, in state and federal laws but it is the only area of the building code that relates specifically to the needs of building users. Our perspective, as code enforcement professionals, is focussed on safety & health (which doesn’t include accessibility) so, we’ll have to learn to add a new perspective.
9	History of Accessibility in Ohio Rules & Laws - Before Rehabilitation Act of 1968/73 (a promise) Federal funding - HUD programs (202), schools, etc. Uniform Federal Accessibility Standard (UFAS) ‘84 Ohio Law - 1973/80 Publicly owned buildings, ANSI A117.1-1961 “Public accommodations” except Residential, or Commercial Establishments <10,000sqft ANSI A117.1-1980/86
10	History of Accessibility in Ohio Rules & Laws - Now Fair Housing Amendments Act - 1988 Expanded protected classes in US Civil Rights Law Adaptable Access required for multi-family dwellings Americans with Disabilities Act - 1990 (eff. ’92) Titles for Employment, Public entities/government, Services available to the public, Transportation & Communications New Construction of Public Accommodations required to be accessible
11	History of Accessibility in Ohio Rules & Laws - Now (continued) Ohio Civil Rights Law - 1992 (HB 321) Expanded Civil Rights Commission responsibility Penalties for parking in reserved spaces Building Code rules to require accessibility In accordance with ADA & FHAA but limited to extent of Board of Building Standards authority ADAAG FHAAG Appeals
12	Responsibilities - What does this mean to Ohio citizens? US Department of Justice (DOJ) enforces ADA With some help from advocates No responsibility is placed on state or local jurisdictions to enforce the ADA …only to comply Employers, owners, business operators, corporations, etc. must comply HUD enforces FHAA with help from US DOJ First level of administrative enforcement process is through the Ohio Civil Rights Commission Designers & Contractors must comply
13	TO RECAP: The US Department of Justice enforces the ADA With some help from advocates No responsibility is placed on state or local jurisdictions to enforce the ADA …only to comply Employers, owners, business operators, corporations, etc. must comply
14	HUD enforces FHAA with help from US DOJ First level of administrative enforcement process is through the Ohio Civil Rights Commission Building Owners, Designers & Contractors must comply
15	Our Responsibilities Building Officials enforce OBBC (building code) Owners & their agents (designers) must comply Plans examiners review plans for compliance with the OBBC which includes the referenced standards Inspectors determine if the construction matches the approved drawings, look for serious hazards, etc. - (but they are not supposed to forget to check accessibility) The owner has the right to build in accordance with the approved plans, however……... The Ohio Board of Building Standards processes complaints of inadequate code enforcement
16	Education & Confusion There’s a lot of input out there Access Board, local advocates, attorneys, “experts” consultants, “he said/she said”, regional technical assistance organizations, recommended practices, old laws, personal bias, preferred compliance solutions, buddy down the road……………… Is the issue Ohio or Federal Law? OBBS rules, BBS Memos, technical experts who understand distinctions, seminars US Department of Justice (800) 514-0301
17	OBBC always takes precedent over referenced standards 4101:2-1-03(C) OBBC “Where differences occur between provisions of this code and referenced standards listed in Chapters 35, 51 and 69 of the OBBC, the provisions of this code shall apply.”
18	Except where means of egress are required to be accessible: Section 1001.4 OBBC: “Where differences occur between the provisions of this chapter and “ADAAG” and “FHAG” listed in “Chapter 35, Referenced Standards,” for means of egress required to be accessible, the provisions of “ADAAG” shall apply.”
19	How do we change our perspective?….. As they say, a picture is worth a thousand words. The following pages are examples of conditions where competent designers, plans examiners and inspectors worked together and the results looked good. The question has to be asked: “Did the end result really meet the intention in the code and does it satisfy the users needs?”
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34	Overcoming the Barriers If we want to: Provide access without barriers Minimize costs Maintain or improve architectural/environmental conditions Minimize difficulty for users
35	Overcoming the Barriers We will solve simple elevation (level) conditions by using: Walks with slopes 1:20 or less
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