News from the Access Board - November/ December 2004

Access Currents

Volume 10, No.6 November/ December 2004

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- Advisory Body on Courthouse Accessibility Begins Work

- Efforts Underway to Update ADA and ABA Accessibility Standards

- Board Seeks Public Feedback on Guidelines for Passenger Vessels

- International Conference on Universal Design Held in Rio de Janeiro

- IAAPA Hosts Design Competition for Ride Transfer Device

- Training Program Available on Access to Marinas and Boating Facilities

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Advisory Body on Courthouse Accessibility Begins Work

A newly created advisory committee on courthouse access held its first meeting November 4 and 5 in Washington, D.C. The Courthouse Access Advisory Committee was organized by the Board to explore issues related to the accessibility of courthouses, particularly courtrooms, including best practices, design solutions, promotion of accessible features, and educational opportunities. The committee’s work will help address a variety of challenges to access in such facilities.

The committee’s 31 members include designers and architects, disability groups, members of the judiciary, court administrators, representatives of the codes community and standard-setting entities, government agencies, and others with an interest in the issues to be explored. The members were selected among applications the Board received in response to a published notice.

At the meeting, members discussed issues the committee should address and explore in fulfilling its mission. Most recommendations addressed topics and opportunities pertaining to education and outreach, design and construction, and existing facilities. The agenda also included briefings by the Board on the protocols governing the work of Federal advisory committees, guidelines it previously established for judicial facilities under the ADA, and design issues it has identified. In addition, the committee organized three subcommittees focused on education, courtroom access, and courthouse spaces other than courtrooms. Subcommittees will allow work to proceed in between committee meetings, which will take place on a quarterly basis, and in past Board experience have enabled greater public participation beyond committee membership. Members Eve Hill, of Western Law Center for Disability Rights and Sam Overton of the California Administrative Office of the Courts were elected co-chairs of the committee.

The committee’s next meeting will be held February 10 and 11, 2005 in Phoenix. As part of this meeting, members will tour area courthouses, including a Federal and a municipal facility. Several architects on the committee will make presentations on the courthouse design, including traditional and customary courtroom features. Committee meetings are open to the public and provide opportunities for interested persons to provide comment.

For further information on the committee or its next meeting, contact Elizabeth Stewart at (202) 272-0042 (voice), (202) 272-0082 (TTY), or stewart@access-board.gov (e-mail). To be added to the list for e-mail updates on the work of the committee, send a message to caac@access-board.gov with “add to list” in the subject field.

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Efforts Underway to Update ADA and ABA Accessibility Standards

In coming months, various Federal agencies will be taking action to update accessibility standards used to enforce the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA). These standards, which govern new construction and alterations, will be revised according to guidelines the Board issued last July. The standards apply to a wide range of facilities in the private and public sectors and, under the ABA, the Federal sector. Both laws require that design requirements first be established or updated by the Board as minimum guidelines which in turn are used by the agencies in setting standards. Historically, these agencies have adopted standards with few, if any, substantive changes from the guidelines set by the Board.

Update of ADA Standards

ADA standards apply to places of public accommodation, which encompass those facilities open to the general public, commercial facilities, state and local government facilities, and transportation facilities. These standards are maintained by the U.S. Department of Justice (DOJ) and, in the case of transportation facilities, the U.S. Department of Transportation (DOT). Both departments have initiated regulatory actions to update their ADA standards based on the Board’s new ADA and ABA Accessibility Guidelines.

Last September, DOJ issued an advance notice of its intent to update its standards, a preliminary step in the process. This notice, which is available for public comment until January 28th, puts questions to the public on various application matters, such as setting an effective date for the new standards, among others. The notice, which includes instructions for submitting comment, is posted on DOJ’s website at http://www.ada.gov/proposal.htm. Several other steps, including a follow-up notice incorporating the feedback received, another comment period, and a final notice with an effective date will follow.

ADA standards maintained by DOT cover transportation facilities, including bus stops, rail stations, and airports. DOT previously issued a proposed rule and is expected to finalize action this spring. The final notice will include an effective date for the new standards.

Update of ABA Standards

Several other agencies are responsible for maintaining standards under the ABA, which applies to facilities designed, built, altered, or leased with Federal money. These agencies include the Department of Defense (DOD), the Department of Housing and Urban Development (HUD), the General Services Administration (GSA), and the U.S. Postal Service (USPS). The new ABA standards will replace the Uniform Federal Accessibility Standards, which these agencies jointly adopted in 1984. It is anticipated that most of these agencies will have their standards updated early in 2005. Each agency’s standards apply to facilities it controls or funds, except GSA’s which also apply to the rest of the Federal sector.

The Board will provide further updates through its newsletter and website and the progress made by these agencies in setting new ADA and ABA standards. Effective dates established in final notices will indicate when the updated standards are to be followed.

ADA Facilities/ Agency

Places of Public Accommodation, Commercial, and State/ Local Government/ DOJ

Status: Advance notice issued; follow-up and final notices will have to be completed. Action will likely take a couple years.

Transportation/ DOT

Status: Final notice expected spring 2005

ABA Facilities/ Agency

DOD Funded/ DOD

Status: Directive expected 2005

HUD Funded/ HUD

Status: [no estimate yet]

USPS Funded/ USPS

Status: Final action expected spring 2005

GSA and Other Federally Funded/ GSA

Status: Final action expected spring 2005

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Board Seeks Public Feedback on Guidelines for Passenger Vessels

On November, 26th the Board released for public review a draft of guidelines for passenger vessels it is developing under the ADA. The document provides accessibility criteria for large vessels designed to accommodate more that 150 passengers or 49 overnight passengers. Through an accompanying notice, the Board also is soliciting information on how to address access to smaller vessels, such as water taxis and excursion boats, which, by their size and design, pose unique design challenges. The notice outlines several options on how access can best be specified. The deadline for comment is March 28, 2005.

This information and related materials are posted on the Board’s website at http://www.access-board.gov/news/pvag.htm or can be ordered by contacting the Board at (202) 272-0080 (v), (202) 272-0082 (TTY), or pubs@access-board.gov (e-mail) and requesting publication S-45. The Board will hold a hearing on January 10, 2005 in Washington, D.C. which will provide an additional forum for public comment.

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International Conference on Universal Design Held in Rio de Janeiro

An international conference on universal design, “Designing for the 21st Century III,” was held in Rio de Janeiro, Brazil December 7 – 12. Organized by Adaptive Environments, a leading organization on universal design, the event attracted over 400 participants from around the globe, including South America, Europe, the Middle East, Asia, Australia, the U.S., and Canada. The conference agenda included presenters from over 30 nations and offered more than 200 sessions on different aspects of design, policy, and best practices. On the program were break-out and plenary sessions focused on arts and cultural environments, green space, education, housing, technology, recreation, transportation, and urban design, among others.

Representatives from the Board conducted a plenary session on accessible building design based on its new ADA and ABA Accessibility Guidelines. This session highlighted areas where accessibility has been enhanced in the guidelines and where usability of the document has been improved. The Board also provided consultation sessions during each day of the conference where attendees could individually discuss specific issues or questions concerning access to the built environment, electronic and information technology, and recreation facilities based on the Board’s work developing guidelines and standards. Information on the conference is available on the Internet at http://www.designfor21st.org.

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IAAPA Hosts Design Competition for Ride Transfer Device

The International Association of Amusement Parks and Attractions (IAAPA), in partnership with the Board, is conducting a competition for the design of a transfer device that can be used to facilitate access to amusement rides. Guidelines the Board developed under the ADA for amusement rides and other recreation facilities specify several options for providing access for people who use wheelchairs to amusement rides. One option allows use of an intermediary device for transfer from wheelchairs to ride seats as an alternative to wheelchair spaces on the ride or direct transfer to a ride seat. The design competition is being used to inspire creative solutions involving the transfer device option. In particular, the competition seeks designs for transfer devices that can serve amusement rides with seats that are lower than load and unload platforms, such as a water flume ride, which pose unique transfer challenges.

Designs should fully meet the applicable specifications in the Board’s ADA Accessibility Guidelines (ADAAG) and also be compatible with park operations and affordable for small operators. A panel of judges representing IAAPA, the Board, amusement ride manufacturers, and people with disabilities will select the winning design, which will be featured at IAAPA’s next annual conference. The deadline for submissions is May 15, 2005. For further information and competition rules, contact Corey Connors of IAAPA at (703) 836-4800, cconnors@iaapa.org (e-mail) or visit IAAPA’s website at http://www.iaapa.org.

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Training Program Available on Access to Marinas and Boating Facilities

The Marina Operators Association of America (MOAA) is providing training on access to marinas and boating facilities based on a program it developed in partnership with the Board. Trainers are available to educate operators of marinas and other boating facilities across the country on accessibility based on guidelines the Board developed for these facilities under the ADA. As part of this program, the Board prepared a resource manual and a slide presentation for use by trainers. For additional information, contact Mari Lou Livingood of MOAA at (202) 737-9775 or MLivingood@nmma.org (e-mail).

Other Training Opportunities

Organizations interested in partnering with the Board on other training or outreach programs on areas of accessibility covered in the Board’s guidelines or standards should contact Peggy Greenwell, the Board’s Training Coordinator, at (202) 272-0017, (202) 272-0082 (TTY), or training@access-board.gov.

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"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.

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