Noisebridge Space Program/Accessibility: Difference between revisions

From Noisebridge
Jump to navigation Jump to search
Line 1: Line 1:
== Context ==
Noisebridge falls under the context of a public accommodation, and therefore the ''2010 STANDARDS FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES TITLE III'' section (page 15) of the [File: ADAstandards.pdf ADA Standards].
= Enforcement =
= Enforcement =


DOJ’s and DOT’s ADA Standards are not a building code, nor are they enforced like one.
DOJ’s and DOT’s ADA Standards are not a building code, nor are they enforced like one.
:: They constitute design and construction requirements issued under a civil rights law.
:: * They constitute design and construction requirements issued under a civil rights law.
:: The ADA’s mandates, including the accessibility standards, are enforced through
:: * The ADA’s mandates, including the accessibility standards, are enforced through investigations of complaints filed with federal agencies, or through litigation brought by private individuals or the federal government.  
:: investigations of complaints filed with federal agencies, or through litigation brought by
:: * Entities covered by the law ultimately are responsible for ensuring compliance with the ADA Standards in new construction and alterations.  
:: private individuals or the federal government. There is no plan review or permitting
:: process under the ADA. Nor are building departments required or authorized by the
:: ADA to enforce the ADA Standards (some building departments even include a
:: disclaimer on their plan checks indicating that ADA compliance is not part of their
:: approval process). Entities covered by the law ultimately are responsible for ensuring
:: compliance with the ADA Standards in new construction and alterations.  


With respect to the Uruh Civil Rights Act, The code of California states:
With respect to the Uruh Civil Rights Act, The code of California states:
:: (5.1.5c) "This section shall not be construed to require any construction....or modification what is required by law..."
:: (5.1.5c) "This section shall not be construed to require any construction....or modification what is required by law..."
:: (5.2a) "Whoever denies...or makes any discrimination contrary to section 51, 51.5, or 51.6...is liable for each and every offense for the actual offense...no less than 4,000 dollars"
:: (5.2a) "Whoever denies...or makes any discrimination contrary to section 51, 51.5, or 51.6...is liable for each and every offense for the actual offense...no less than 4,000 dollars"
== Context ==
Noisebridge falls under the context of a public accommodation, and therefore the ''2010 STANDARDS FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES TITLE III'' section (page 15) of the [File: ADAstandards.pdf ADA Standards].


== Penalty ==
== Penalty ==

Revision as of 13:13, 19 March 2018

Context

Noisebridge falls under the context of a public accommodation, and therefore the 2010 STANDARDS FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES TITLE III section (page 15) of the [File: ADAstandards.pdf ADA Standards].


Enforcement

DOJ’s and DOT’s ADA Standards are not a building code, nor are they enforced like one.

* They constitute design and construction requirements issued under a civil rights law.
* The ADA’s mandates, including the accessibility standards, are enforced through investigations of complaints filed with federal agencies, or through litigation brought by private individuals or the federal government.
* Entities covered by the law ultimately are responsible for ensuring compliance with the ADA Standards in new construction and alterations.

With respect to the Uruh Civil Rights Act, The code of California states:

(5.1.5c) "This section shall not be construed to require any construction....or modification what is required by law..."
(5.2a) "Whoever denies...or makes any discrimination contrary to section 51, 51.5, or 51.6...is liable for each and every offense for the actual offense...no less than 4,000 dollars"

Penalty

As the ADA constitutes a requirement by law to make spaces accessible, California's code makes any and every violation a violate of civil rights, with a penalty of at least $4,000 for each instance of a violation, not just the existence a violation.

Major Documentation

Items most pertinent to NBSP

  • As NB is not looking to build a new building or increase existing gross floor area, only standards applicable alterations are required
    • "A change in the building or facility that affects or could affect the usability of a building or a facility of portion thereof"
    • remodeling, renovation, rehabilitation, reconstruction, restoration, resurfacing of circulation paths or vehicular ways
    • changes or rearrangement of structural parts, elements, or walls.
    • Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not considered alterations unless they affect a facility’s usability.

Guide to Standards Summary

Generally applicable points

  • access features required by the ADA Standards must be fixed or built-in even though portable alternatives may be available.
    • includes requirements for assistive listening systems, visual alarms, shower seats, ramps, and platform lifts.
    • Non-fixed, like medical equipment, should be accessible
    • in removing barriers to existing places of public accommodation, portable solutions may be permitted in some cases where permanent solutions are not readily achievable)
  • only those elements altered are required to comply
    • it is advisable to maximize opportunities for accessibility in alterations. Alteration of multiple elements in a room or space may provide a cost-effective opportunity to make the entire room or space fully accessible.

Building Interior

  • Surfaces should be smooth but not slippery
  • transitions from carper to tile, or uneven transitions are 1/2" without bevel, 1/2" with
  • clear spare around accessible controls like elevators, sinks, fire extinguisher
    • Forward approach or side approach
  • turning space
    • manuerving for turns
    • turning radius
  • Protruding objects may impact ppl with vision impariments
    • above head room are fine
  • Operable parts
    • one hand with no grasping, pinching, or twisting

Accessible Routes

External

  • Minimum one accessible route to an accessible entrance
    • e.g. from BART or street to accessible entrance

Internal

  • One route (path) must connect all accessible spaces and elements
  • Vertical access is required
    • achieved by ramps, curb ramps, elevators or, where permitted, platform lifts

Exemption (Yes, i know we are not going for exemptions, however, they can be strategically useful)

An accessible route is not required to connect stories in a private sector facility (place of
public accommodation or commercial facility subject to title III of the ADA) that is either
less than 3 stories or that has under 3,000 square feet per story