ACCESS E-BULLETIN
Disability and Communication Access Board

Edition #6                                                                                                                May 2008
In This Issue
Current Interpretive Opinions
Fair Housing Act Safe Harbor
UPDATE: 2008 Disability Access Conference
SUBMIT YOUR ENTRIES!! 2008 Accessible Design Awards
FAQ
Quick Links
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Infomation
Disability and Communication Access Board
919 Ala Moana Boulevard, Room 101
Honolulu, Hawaii 96814
Oahu:
(808) 586-8
121 (Voice/TTY)  (808) 586-8129 (FAX)
E-mail: dcab@doh.hawaii.gov
Web site: www.hawaii.gov/health/dcab    
Call toll free from:
Big Island:
974-4000, ext. 6-8121# (Voice)
Kauai: 274-3141, ext. 6-8121# (Voice)
Maui:  984-2400, ext. 6-8121# (Voice)
Molokai & Lanai: 
1(800) 468-4644,
ext. 6-8121# (Voice)

 
Current Interpretive Opinions

In March the Standing Committee on Facility Access ruled on one Interpretive Opinion, which applies to buildings and facilities subject to HRS §103-50, regarding engineered wood fibers:

ADAAG Section 4.5.1 Ground and Floor Surface.
Engineered Wood Fibers (EWF) may provide accessible surfaces in compliance with the criteria for firmness, stability, slip resistance, and changes in level when the product is properly installed and maintained. DCAB warns that the use of EWF if not properly maintained, may become a non-accessible surface that does not comply with ADAAG Section 4.5.
 
Where EWF is used in areas required to be accessible, it shall be firm, stable and slip-resistant and the EWF shall be maintained to remain compliant with the ADAAG requirements of section 4.5.
·  EWF shall be maintained so as to remain firm, stable and slip resistant.
·  Changes in level at the connection of the EWF to other ground or floor materials along the accessible route and within the area covered by the EWF, shall not exceed ½ inch. Between ¼ inch and ½ inch the change in level shall be beveled with a slope no greater than 1:2
 
Where EWF is used for buildings or facilities subject to HRS §103-50, a signed 'EWF Maintenance Statement' form shall be submitted to DCAB as part of the document review process. (See attached)
 
Advisory: A firm surface resists deformation by either indentations or particles moving on its surface.
A stable surface is one that remains unchanged by contaminants or applied force, so that when the contaminant or force is removed, the surface returns to its original condition.
A slip-resistant surface provides sufficient frictional counterforce to the forces exerted in walking to permit safe ambulation.
 
Advisory: The U.S. Access Board's Final Accessibility Guidelines for Play Areas Economic Assessment dated October 2000 concluded: "The expense of installing a higher priced surfacing that needs less maintenance could be less than the expense of installing a lower priced surface that needs more maintenance. This situation is most likely to occur in regions with relatively high labor rates."
 
[Interpretive Opinion DCAB 2008-02, effective 3/19/08]

The "EWF Maintenance Statement" form can be downloaded at: http://hawaii.gov/health/dcab/fauforms/.

To view Interpretive Opinion 2008-02 please go to the DCAB website at:
http://hawaii.gov/health/dcab/interpretiveops/
Safe Harbor for Compliance with the Fair Housing Act
 
The Fair Housing Act requires all "covered multifamily dwellings" designed and constructed for first occupancy after March 13, 1991 to be accessible to and usable by people with disabilities. Covered multifamily dwellings are all dwelling units in buildings containing four or more units with one or more elevators, and all ground floor units in buildings containing four or more units, without an elevator. This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded.

On May 31, 2007, HUD determined that the 2006 IBC, as corrected by the January 31, 2007 erratum to the IBC, constitute a safe harbor for compliance with the Fair Housing Act's design and construction requirements. In addition to the 2006 IBC, HUD recognizes nine other safe harbors for compliance with the Fair Housing Act's design and construction requirements. A complete list of safe harbors is available at: http://www.fairhousingfirst.org/faq/safeharbors.html

Although HUD recognizes the 2006 IBC as a safe harbor; buildings, facilities, and sites subject to HRS §103-50 must comply with the Fair Housing Accessibility Guidelines as adopted and amended by DCAB. For more information about safe harbors and HRS §103-50 feel free to contact Curtis Motoyama at (808)586-8121 or via email at curtis.motoyama@doh.hawaii.gov


Conference Announcement
UPDATE
2008 Disability Access Conference
 
Don't miss this year's '2008 Disability Access Conference: Design For All' to be held on October 16, 2008 at the Ala Moana Hotel.
 
All the conference sessions are confirmed!
"Fair Housing Act Accessiblity Guidelines & Updates" and "DOJ Legal Update: ADA Title II & III Facilities" are just a few of the fifteen sessions you can look forward to at our 2008 Disability Access Conference.
 
Conference registration and sessions descriptions are now available in the Advanced Program on our website at: www.hawaii.gov/health/dcab
 
For a hard copy of the Advanced Program and registration form please contact Mona Higa or Laurie Palenske at 586-8121 or via email at mona.higa@doh.hawaii.gov or laurie.palenske@doh.hawaii.gov
SUBMIT YOUR ENTRIES!!
2008 Accessible Design Awards
 
We're fast approaching the deadline of July 30, 2008 for this year's 'Call for Entries.'

Please go to the
Disability & Communication Access Board's website at 2008 Accessible Design Awards Call for Entries for entry details.
 
The awards are open to public and private projects constructed within the State of Hawaii within the last five years.
FAQ
 
Fair Housing Accessibility Guidelines - Requirement 5. Light Switches, Electrical Outlets, Thermostats and Other Environmental Controls in Accessible Locations.

Question: What parts of outlets and switches must be within the reach ranges specified in the Guidelines?

Answer: For accessible controls and outlets, all operable parts must be within the required reach ranges. The height is measured from the finished floor to the highest or lowest operable part of the outlet or switch. When electrical outlets are installed horizontally or vertically, duplex outlets must have both receptacles within the required reach range.