This past month, we had Paul Klein provide a Primer for Establishing and Running an ADA Consulting Business. One point that I took away was the importance of being a Specialist, and not just a Generalist. I appreciate this sentiment as there are aspects of accessibility that I gravitate towards. And the things I enjoy working on allow me to dig deep and explore the rabbit holes we seem to revel in when it comes to Accessibility. We can be good at what we enjoy, which in turn brings value to those we serve. 

Our first Code Discussion Group aimed at diving into a lesser discussed topic, Chapter 10 – Means of Egress. Our hosts, Special Program chairs, Yousif Yousif and Shannon Mulhall helped navigate the discussion of considerations that should be taken into account in the design and review process, as it relates to Egress. It’s a topic that is frequently misunderstood and it was great to see people actively participate in the conversation to further our knowledge. It’s a code that impacts many project types we may work on or review. 

These learning opportunities have provided the reminder that we only know what we know. There is a noticeable increase in comfort among members who participate in these events and the Listserv to let their guard down and say ‘I don’t know.’  And what we are seeing is a community of CASp’s reaching back out to their colleagues to provide their interpretations, opinions and experiences.  A genuine desire to help each other grow and become that high level Specialist, in whatever aspect of being a CASp you choose to venture.  CASI will strive to create and cultivate these connections for its members.   

The first question that came in on the listserv was about E&O insurance and came from David Kelly. We’ve seen a lot of questions and comments about housing, which is always a hot topic that is guaranteed to draw a variety of responses, and tolerances can always draw a crowd.

Roger Miller has brought a lot of great questions to the table – from detectable warnings (everybody’s favorite) to accessible routes, ramp landings, automatic doors, the elevator exception, and transient lodging, among others. (Roger, thank you for stoking the fire and getting the discussion going!) The two questions that had the most responses and discussion came from Nathan Swift, who asked about a lake edge condition in a public park and from one of our newest Board members, Lorena Soules, who stirred up a discussion about the clear floor space at tactile signs.

You may participate in the listserv by sending an email to members@casinstitute.org and your question or comment will be shared with everyone who is on the listserv list. When you select to “Reply” to the email, your response will go directly to the sender. When you select “Reply All” to a question or comment, the response will be sent directly to the sender and a copy will be sent to CASI Listserv Moderator to determine if the response is valuable to share with the group or to help reduce clutter (short responses such as “thanks” or “I agree” generally aren’t shared with the full list). If you’re looking for a refresher about how to participate or the listserv rules and purpose, check out “Member Listserv” on your CASI dashboard page. If you aren’t currently participating in the listserv but would like to join in on the discussions, you will find a button on your CASI dashboard page that will allow you to join in.

One of the reasons there are many non-compliant public housing projects is because of the common assumption that public housing is directly tied to federal funding. While this is the most obvious type of public housing, it is not the only type. In California we have our own ‘special’ codes and so many different types of public housing that we encounter including tax credits, funding, grants and the HUD Deeming notice for Section 504.

• Public housing in California is defined in part as “Housing facilities constructed or altered by, for, or on behalf of a public entity, or constructed or altered a part of a public entity’s program to provide housing pursuant to United States Code of Federal Regulations, 28 CFR Part 35, Section 35.102(a).” (2019 California Building Code January 1, 2021 Supplement, effective July 1, 2021.)

Because of the multitude of codes and standards, which often overlap and are regularly revised, a CASp who is familiar with public housing should be brought in beginning with the plan reviews, continuing with submittal reviews and construction support, framing and final site assessments.  This article will focus on eight compliance items we see on a regular basis that tend to be overlooked for public housing within California.

Mobility Units

Mobility units are units that are fully accessible based on the requirements identified in 11B-233 (2010 ADAS 233).  Often, the number of Mobility Units are calculated incorrectly from the start. 

California Building Code and 2010 ADA Standards require a minimum 5% of the units to comply with the mobility unit requirements.  It is important to note that the type of funding will at times require more units than the minimum.  Be aware that the funding type may change and it is important to keep track of these updates and check for revised requirements on a regular basis.  What is compliant for one project may not necessarily be compliant for your next project.  See a couple examples as noted below:

• a.    The California Tax Credit Allocation Committee (CTCAC) administers the federal and state Low-Income Housing Tax Credit Programs.  In previous years the CTCAC has required 10% mobility units.  As of January 1, 2021 it now requires 15% mobility units on new construction. 
• b.    City of Los Angeles Housing + Community Investment Department (HCIDLA) has previously required 10% mobility units and as of October 10, 2019 now requires 11% mobility units.

It is also important to remember that when the required number of elements or facilities to be provided is determined by calculations of ratios or percentages and remainders or fractions result, the next greater whole number of such elements or facilities shall be provided (11B-104.2). 

Communication Units 

Communications units are units that provide hearing and vision features.  California Building Code and 2010 ADA Standards require 2% minimum of the units need to comply with the requirements for communication units.

• a.    In previous years the CTCAC has required 4% communication units.  As of January 1, 2021 it requires 10% communication units on new construction. 
• b.    The HCIDLA requires a minimum of 4% communication units.

Knee Space at Kitchen Sinks

The standard minimum knee clearance is 8” if the toe extends 17”.  However, what gets missed is that as the toe clearance gets deeper, the knee clearance also needs to get deeper.  This is of particular concern in kitchen sinks where the minimum toe clearance is 19”.  This would mean that the minimum knee clearance is effectively 10”.  The way to identify the minimum knee clearance is to measure to the faucet controls when they are in the fully open position.  Typically, this will be approximately 21” from the front edge of the counter.  The toe clearance is equal to the reach range. This means that the minimum knee clearance would need to be 12”.  Given the depth of the sink bowl and the location of the garbage disposal, it is rare that the clearance is correct on the cross section provided on the plans. The following graphics are taken from the Access Board website.

Shower Wands 

Within the mobility units the shower wands are required to have on/off controls with a non-positive shut off. The on/off controls are missing from many of the shower wands installed within mobility units.

Knee Space at Lavatories 

Some are unaware that in the CBC a 29” minimum AFF knee clearance under lavatories is required for both adaptable and mobility units.  When reviewing cabinet submittals it is good to ask for the knee dimension if the cabinet interiors are not shown.  Otherwise, when you go to the site assessment and open the doors, you can expect for the inside clearance to be 27” AFF.  While this may comply with federal requirements, it does not meet the CBC.

50% Storage at Kitchen Cabinets 

When calculating the 50% accessible kitchen cabinets, it is important to consider the depth of the appliances.  The depth of the appliance, when it projects beyond the face of the cabinets, may make the upper cabinets outside of the reach ranges.  Additionally, cabinets within a corner may not have a parallel approach due to the size of the adjacent cabinets and appliances. 

While the upper cabinets may be designed to be within reach range, the hardware often times is not.  One suggestion is to rotate the hardware 90 degrees so these are located within the reach ranges as well. 

When 50% of kitchen cabinets are made accessible, upper cabinets often need to be lowered to be within the 46” reach range.  This leaves only approximately 12” clear above the countertop.  This is not enough clearance for placing standard microwaves on the counter.  It is important that the microwaves not be placed on the designated work surface adjacent to the oven as required by 11B-804.3 (ADA 804.3).  Often this is the only space left available by the design, but the solution is NOT to remove microwaves from the mobility units.  Mobility units must provide equivalent features to non-mobility units.  Equal access means if there are microwaves in the adaptable units, they also need to be provided in the mobility units.  It is important to plan for and coordinate requirement equivalent elements like microwaves during the design.  Even though these are not ‘built in’ elements, they need to be provided.

Closet Door Hardware

Finger pulls on sliding closet doors and pocket doors are not accessible and do not meet the intent of 11B-309 (operable parts) for mobility units.  The door hardware must be able to be used with the door in the fully open, or fully closed position.  Door stops are a good way to make this work, but other options we have seen include lever hardware, hardware that extends beyond the overlapping door, and other inventive ideas.

Grab Bars

Grab bars are not required to be installed in either adaptable or mobility units, only the backing.  Unfortunately, this means that many items get installed too close above the grab bar location.  The reasoning by designers often used is that grab bars can still be installed, but maybe not at the maximum height.  It is important to remember that grab bars need to be able to be installed or relocated based on the needs of the person who will be using the grab bar.   Additionally, the CBC and ADAS do not allow anything to be installed within 12” above the grab bar.  This area must remain clear even if grab bars are not being installed until a later date.

Conclusion

At any stage something can be changed and what was compliant at one phase may end up being totally non-compliant by the end of the project.  A diligent CASp will be able to alert the design and ownership team of upcoming changes, potential conflicts, and errors or omissions early on in the design process, saving the project unnecessary costs as well as liability at completion. 

Preparing for the CASp exam isn’t for the weak of heart! But how do you begin? 

Shift your mindset from cramming for a test to developing skills that will grow your knowledge as a Specialist. How you study sets the foundation for how you will practice as a CASp. During this 2-hour session you will learn best practices for CASp exam preparation including how to:

• Build a reasonable study plan
  
• Carve out time for practice
  
• Study smarter, not harder
  
• Set realistic expectations for the test
  
• Leverage exam results for success

Whether this is your first run or a repeat attempt, the tools provided in this workshop will help you elevate to the next level as an access professional - but first you have to pass that exam!

As a reminder, DSA Subject Matter Experts may participate and acknowledge that they are subject to the DSA guidance document.

Registration Fee: 

• CASI Members: FREE 
  (REMINDER: Please login(link is external) to sign-up FREE as a CASI Member)
  
• Non-Members: $35