Access Currents
Volume 10, No.1 January/ February 2004

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- Board Gives Final Approval to New ADA and ABA Guidelines
- Issue-Focused Outreach Plan Adopted; Courthouse Access Heads List
- President Bush Names New Members to the Board
- Accessibility Highlighted in U.S. Aid Program for Afghanistan
- Project Panel Convenes on Improving Indoor Air Quality
- New Resources on the Internet

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Board Gives Final Approval to New ADA and ABA Guidelines
At its January meeting, the Access Board unanimously approved new guidelines covering access to facilities covered by the Americans with Disabilities Act (ADA).  The approved rule overhauls the existing ADA Accessibility Guidelines (ADAAG), which were published in 1991.  It also updates guidelines for federally funded facilities required to be accessible under the Architectural Barriers Act (ABA).  Both the ADA guidelines and the ABA guide-lines, which the Board updated jointly to make them more consistent, specify access in new construction and alterations and provide detailed provisions for a wide range of building elements and spaces. 

The new guidelines are based on recommendations developed by an advisory committee the Board had chartered to review the existing ADAAG. The ADAAG Review Advisory Committee included representation from the design and construction industry, the building code community, State and local government entities, and people with disabilities.  Based on this committee's report, the Board published a proposed set of guidelines that featured a host of updated provisions and clarifying revisions, as well as a new look and format.  This proposal, which was made available for public comment for six months, attracted over 2,500 comments. These comments provided considerable input on the substance of the guide-lines, and the Board made a variety of changes to the guidelines based on this feedback. 

The Board's recent action allows the finalized guidelines to proceed to the Office of Management and Budget (OMB), which serves as a clearinghouse for Federal regulations.  OMB has 90 days to complete its review.  The new guidelines will be published once approved by OMB.  Copies or details of the rule cannot be publicly released until OMB clearance is received. Even once published by the Board, the new requirements will not yet be mandatory on the public.  Instead, the Board's final guidelines, which do not directly apply to the public, set the minimum baseline for enforceable standards maintained by other agencies, including the departments of Justice and Transportation under the ADA, and several others under the ABA. These agencies are responsible for updating their standards, which covered entities must follow, according to the Board's guidelines.  In doing so, these   agencies will specify when the updated standards take effect.

Further information, including background materials, is available on the Board's website at www.access-board.gov/ada-aba/status.htm.

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Issue-Focused Outreach Plan Adopted; Courthouse Access Heads List
Under a newly adopted plan, the Board will undertake outreach activities on yearly basis that highlight accessibility within a particular sphere or focus area.  Outreach efforts will aim to increase awareness of a particular aspect of accessibility through partnerships with interested agencies and the development and distribution of information and guidance materials.  As part of this work, the Board may also hold seminars or conferences on the subject.  The goal of this program is to increase the visibility of different facets of accessibility in a manner that supplements the Board's technical assistance and training programs, builds partnerships with other entities, improves compliance with access requirements, and showcases best practices for accessible design. 

 
The Board will select a new focus issue each year according to criteria it adopted as part of the plan.  Priority will be given to subject areas where accessibility has been problematic or not well understood and where supplementary guidance is needed.  The Board intends to choose topics that relate directly to any of its guidelines and standards, are manageable in scope, and offer promising partnership opportunities with other agencies and organizations. 

This year the Board has chosen access to courthouses as its first focus issue.  Elevated spaces within courtrooms, such as judges' benches and witness stands, and space limitations within the well of the court have posed challenges to designers as to how access can best be achieved.  There has also been confusion over how to apply the guidelines for courthouses the Board previously developed under the ADA since they have not yet been incorporated into enforceable standards, including those governing the design of Federal and state courthouses.  In addition, there are known and potential design solutions for achieving access to courtroom spaces that bear further exploration.  The Board plans to collaborate with agencies that oversee the construction of courthouses, such as the General Services Administration, on addressing these and other issues. The information to be developed will be relevant to Federal, state and county courthouses.  In coming months, the Board will be planning activities that will highlight access to courthouses and develop information on best practices for courtroom access. A meeting on the subject is tentatively planned for this fall in Chicago. 

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President Bush Names New Members to the Board
In February, President George W. Bush named Pamela Dorwarth of Sarasota, Florida, and Gary L. Talbot of Ann Arobor, Michigan to the Access Board.  The President also reappointed Denis Pratt of Kennebunk, Maine. 

Dorwarth is an active member of various government and community organizations.  She has worked on accessibility issues relating to transportation, building codes, and voting through appointments to several state entities, including the Florida Department of Transportation, the Department of Community Affairs, and special task forces.  She also has served on county advisory boards on accessibility compliance, city planning, public transportation, and women's issues, and has been a member of nonprofit organizations devoted to community and human services, disability rights, and education.  She has received many awards recognizing her service to the community.  Dorwarth has previously worked as a teacher, in the legal services field, and in the airline industry. 

Talbot is a vehicle system engineer with General Motors (GM) who previously served as manager of GM's Mobility Center.  The GM Mobility Center engineers and develops vehicle features and options specially designed for customers with disabilities and seniors.  Talbot currently co-chairs the GM Affinity Group for Persons with Disabilities, which consists of employees and retirees with and without disabilities who provide suggestions for improving access to facilities, transportation, communications, and employment opportunities for people with disabilities.  Previous to his career at GM, he worked as a nationally certified automotive technician.  Talbot, who holds a degree in mechanical engineering from the University of Michigan, is active in various trade and civic organizations.  He is chair of the Adaptive Devices Standards Committee for the Society of Automotive Engineers and is on the board of directors of the Ann Arbor Center for Independent Living and of Deaf and Hearing Impaired Services, Inc.

Pratt, a graduate of the Rhode Island School of Design, is a licensed architect who specializes in accessible and universal design. He is employed by Alpha One, an independent living center that provides technical assistance and training on making public facilities and housing accessible.  He has over 30 years of diversified experience on a wide range of privately and publicly funded building projects.  His clients include state agencies, municipal governments, school districts, hospitals, non-profit organizations, businesses and home owners, large corporations, among others. 

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Accessibility Highlighted in U.S. Aid Program for Afghanistan
A recent appropriations bill passed by Congress and signed into law includes a provision that calls attention to the needs of people with disabilities in Afghanistan in the delivery U.S. aid.  The U.S. Agency for International Development (USAID) operates programs and services in over 100 countries to help improve economic growth, agriculture, trade, governance, education, and health.  Various USAID assistance packages are being directed to Afghanistan to help rebuild its infrastructure and economy after decades of war and civil strife.  The approved bill directs USAID to consult with the Access Board and other agencies and organizations on implementing accessibility standards within six months for construction projects it funds.  USAID is also responsible for submitting a report by the end of the year on how the needs of Afghanis with disabilities have been met through USAID programs, projects, and activities in Afghanistan.  The Board will soon be meeting with USAID to discuss the development of these accessibility standards. 

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Project Panel Convenes on Improving Indoor Air Quality
A panel organized to oversee a Board sponsored project on improving indoor environmental quality held its first meeting in January in the Washington, D.C. area.  This project, which is being conducted for the Board by the National Institute of Building Sciences, will bring together various stakeholders to examine the effects of building and construction practices on indoor environments. 

Indoor air quality has become a major concern as a result of a growing number of people who suffer a range of debilitating physical reactions from low-level exposures to everyday materials and chemicals found in building products, floor coverings, cleaning products, and fragrances, among others.  These include individuals who have developed an acute sensitivity to various types of chemicals, a condition known as Multiple Chemical Sensitivity (MCS).  The range and severity of reactions are as varied as the potential triggering agents.  In addition, there are those who report reactions from exposures to electrical devices and frequencies, a condition referred to as Electro-Magnetic Sensitivity (EMS). 

The Board's project is focused on how building products, materials, ventilation, and maintenance can impact the quality of indoor environments for people who suffer from MCS and EMS.  The panel, which functions as a steering committee for the project, includes representatives from MCS and EMS organizations, experts on indoor environmental quality, and representatives from the building industry.  At its initial meeting, members discussed various strategies for collecting and disseminating information, selecting focus areas, increasing awareness of the issues involved, broadening participation in the project, developing recommendations for best practices, and identifying potential partners for further study and outreach.

A public website will be set up to disseminate information collected by this project. 

Indoor Environmental Quality Project Steering Committee
  MCS & EMS Representatives
* Ann McCampbell, M.D., Multiple Chemical Sensitivities Task Force of
  New Mexico
* Mary Lamielle, National Center for Environmental Health Strategies
* Susan Molloy, National Coalition of the Chemically Impaired
* Toni Temple, Ohio Network for the Chemically Injured

     Indoor Environmental Quality Experts
* Nicholas A. Ashford, Ph.D., J.D., Massachusetts Institute of Technology
* Mark C. Jackson, Lennox Industries, Inc.
* Claudia S. Miller, M.D., M.S., University of Texas Health Sciences Center
* Bruce M. Small, P.E., Georgetown, Ontario
* James Wasley, University of Wisconsin

     Building Industry Representatives
* Ron Burton, Building Owners and Managers Association
* William Dean, Associated General Contractors of America
* Harry Gordon, FAIA, American Institute of Architects
* Brent Kynoch, Kynoch Environmental Management, Inc.
* Roger Morse, AIA, Morse Zehnter Associates

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New Resources on the Internet

ADA Document Portal    www.ADAportal.org
A new on-line library of ADA documents is now available on the Internet.  Developed by Meeting the Challenge Inc. of Colorado Springs with funding from the National Institute on Disability and Rehabilitation Research, this website makes available more than 3,400 documents related to the ADA, including those issued by Federal agencies with responsibilities under the law.  It also offers extensive document collections on other disability rights laws and issues. 

Federal Grants    www.grants.gov
In December, the government launched a new website that provides information on all types of Federal grants and how to apply for them.  The site posts information on more than 800 different grant programs administered by 26 different agencies.  Additional funding resources will be added to the site in coming months.  The site was developed by a collection of lead funding agencies, including the departments of Health and Human Services, Agriculture, Commerce, Defense, Education, Homeland Security, Housing and Urban Development, Justice, Labor, and Transportation, as well as the National Science Foundation.

Emergency Planning and Special Needs Populations     http://training.fema.gov/EMIWeb/pub/register.html
The Federal Emergency Management Agency (FEMA) has made available a free training course, "Emergency Planning and Special Needs Populations," which can be downloaded from its website.  This course is designed for use by instructors in classroom settings.  FEMA recommends that those interested in receiving training sign up for the course as offered by their state's Training Office of Emergency Management.

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