Access E-Bulletin
Disability and Communication Access Board
State of Hawaii 

Edition #25                                                      July / August  2010
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~ IN THIS ISSUE ~
DCAB's Office Hours for July & August 2010
Don't Forget to Register for the 2010 Disability Access Conference
Interpretive Opinions
2009 International Building Code
Justice Department Advances Update of ADA Regulations
Webinar and Audio Conference Series - Update
FAQ - FHAAG (Fair Housing Act Accessibility Guidelines)
Quick Links
DCAB's Office Hours for July & August 2010
 
The DCAB Office will be closed
on the following days in accordance with the State of Hawaii Furlough Plan:

July 16 & 23, 2010
 
August 6 & 27, 2010
 

~ Don't Forget to Register ~

 

2010 Disability Access Conference:

'Design for All'


Wednesday, September 8, 2010

Ala Moana Hotel


$150 Early Registration ends on August 2nd

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If you haven't already registered, don't forget to register for this year's 2010 Disability Access Conference.  The conference will be held on September 8, 2010 at the Ala Moana Hotel. All sessions and keynote addresses have been registered for Continuing Education Units with the AIA.

DCAB anticipates the Department of Justice to adopt the "NEW ADAAG" by the end of summer.  To the extent that the information is public, the 2010 Disability Access Conference will highlight those changes.

Guest speakers this year will be Mr. John Wodatch, Chief, Disability Rights Section, Civil Rights Division of the U.S. Department of Justice and Ms. Marsha Mazz, Senior Accessibility Specialist, Technical Assistance Coordinator, Office of Technical and Informational Services of the U.S. Access Board, Washington D.C.

To view this year's Advanced Program and Registration Form or for more information on our conference go to 2010 Disability Access Conference Advanced Program or contact Mona Higa or Laurie Palenske at 808-586-8121 or via email at mona.higa@doh.hawaii.gov or laurie.palenske@doh.hawaii.gov.

Interpretive Opinions
 
An Interpretive Opinion issued by DCAB is clarification of a particular design standard, and only applies to the State and County construction projects subject to HRS �103-50.
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In May, the Standing Committee on Facility Access ruled on four Interpretive Opinions, which applies to buildings, facilities and sites subject to HRS �103-50, regarding parking, parking and passenger loading areas and employee work areas:

DCAB 2010-02: ADAAG Section 4.1.2(5), 4.6 Parking.
Where boat trailer parking is provided, the vehicle and van portion of the parking stall and access aisle shall comply with ADAAG 4.1.2(5)(a), 4.1.2(5)(b) and 4.6.
ADVISORY:
It is recommended that the trailer portion of the parking stall comply with the following:
(1) The length of the combined vehicle/trailer parking stall should be 40 ft. minimum.
(2) An 8-feet wide access aisle should be provided that extends the full length of the
     vehicle and trailer.
(3) The stall slope should not exceed 1:48 in any direction.
(4) The ground surface should be firm and stable.
[Interpretive Opinion 2010-02, effective 5/20/10]

DCAB 2010-03: ADAAG Section 4.1.2(5)(c), 4.6 Parking and Passenger Loading Areas.
Where boat wash down areas are provided, at least one vehicle pull-up space shall be accessible and comply with ADAAG Section 4.6.6. The vehicle pull-up space shall connect to the fixed or built-in hose bib or wash down equipment by an accessible route complying with ADAAG 4.3.  The fixed or built-in hose bib or wash down equipment shall comply with ADAAG 4.27 and shall be located on an accessible route that connects to the other accessible facilities, accessible elements and accessible spaces on the site.  Where more than one wash down area is provided and all are not accessible, the accessible wash down area shall be identified by the International Symbol of Accessibility complying with ADAAG 4.30.7. 
ADVISORY:
It is recommended that the trailer portion of the pull up area comply with the following:
(1) The minimum width should be 16 feet.
(2) The minimum length of the combined vehicle/trailer pull-up space should be 40 feet.
(3) The surface should be firm and stable.
(4) The slope should not be steeper than 1:48 in any direction.
      Exception: When the surface is other than asphalt, concrete, or boards, slopes
      not steeper than 1:33 shall be permitted where necessary for drainage.
(5) An accessible route should connect the combined vehicle/trailer pull-up space to the
     other accessible elements on the site.
[Interpretive Opinion 2010-03, effective 5/20/10]

DCAB 2010-04: ADAAG Section 4.1.2(5), 4.6 Parking.
Where bus parking spaces that are accessed by the public are provided, accessible bus parking spaces shall be provided in accordance with ADAAG 4.1.2(5).
Exception: Bus parking spaces shall not be required to comply with ADAAG 4.1.2(5) provided that the lots with bus parking spaces accessed by the public are provided with a passenger loading area comply with ADAAG 4.6.6 or a bus stop complying with ADAAG 10.2.  [Interpretive Opinion 2010-04, effective 5/20/10]

DCAB 2010-05: ADAAG Section 4.1.1(3) Employee Work Areas.
In non-residential facilities, trash areas not intended to be accessed by the general public and fully enclosed on four sides, are considered employee work areas and shall comply with ADAAG 4.1.1(3).  [Interpretive Opinion 2010-05, effective 5/20/10]

To view Interpretive Opinions, please go to the DCAB web site at: Interpretive Opinions.
2009 International Building Code
 
DCAB has reviewed the 2009 International Building Code and has submitted proposed amendments to the State Building Code Council's Investigative Committee for the 2009 International Building Code.  DCAB's proposed amendments were included in the Committee's final proposal which will be forwarded by the State Building Code Council to the Subcommittee of County Building Officials for review.

DCAB continues to monitor the State Building Code Council meetings and sits on the Investigative Committee for the 2009 International Building Code, Residential Code and Existing Building Code.  The Investigative Committee is currently reviewing the 2009 International Residential Code.

For more information, contact Mona Higa at 808-586-8121 or via email at mona.higa@doh.hawaii.gov
Justice Department Advances Update of ADA Regulations

The Department of Justice (DOJ) is moving to issue final rules that would update its ADA regulations, including standards governing the construction and alteration of facilities covered by law.  On April 26, DOJ submitted final rules to the Office of Management and Budget (OMB) for approval.  If cleared with OMB's standard 90-day review period, DOJ may publish the updated regulations in late July or early August.

DOJ's new rules will update its ADA regulations for state and local governments under title II and those for public accommodations and commercial entities covered by title III.  The pending regulations will implement with effective dates new ADA standards for title II and title III facilities that are closely based on updated guidelines previously issued by the Board.  In addition, the final rules, which DOJ made available for public comment in 2008, will revise or supplement other sections of DOJ's regulations, including those covering existing facilities, service animals, policies and programs, maintenance of accessible features, auxiliary aids and services, and effective communication.  DOJ had planned to issue the regulations in early 2009 but delayed publication in order to give officials of the incoming Obama Administration an opportunity to review them.  For more information, visit DOJ's website at www.ada.gov.  Visitors to the site can subscribe to email updates from DOJ on this and other Department activities.

DOJ's standards apply to all facilities covered by the ADA except transportation facilities, which are subject to standards issued by the Department of Transportation (DOT).  DOT has already implemented updated ADA standards for transportation facilities.  Similar standards are also in place under the Architectural Barriers Act (ABA) for most federally funded facilities.  Housing facilities covered by the ABA currently remain subject to earlier standards pending the adoption of new standards by the Department of Housing and Urban Development.  Further information on the status of ADA and ABA standards is available on the Board's website at http://www.access-board.gov/ada-aba/guide.htm

Webinar and Audio Conference Series - Update
 
Learn more about the work of the Access Board, its guidelines and standards, and accessible design through this series of monthly webinars and audio conferences.  Sessions also provide an opportunity to earn continuing education credits (CEUs).  General attendance is free but a $25 fee will be charged by DBTAC for processing CEUs.

Upcoming Webinars:
- Vehicle Guideline Update - August 5, 2010, 2:30 pm - 4:00 pm (ET)
- Accessible Airport Terminals - September 2, 2010, 2:30 pm - 4:00 pm (ET)

For more information, please visit www.accessibilityonline.org/Schedule/ or call (877) 232-1990 (Voice/TTY).
FAQ - FHAAG  (Fair Housing Act Accessibility Guidelines)

Signage7. Under the Fair Housing Act's design and construction requirements, how many resident parking spaces must be made accessible at the time of construction?

A minimum of two percent of the number of parking spaces serving covered dwelling units must be made accessible and they must be located on an accessible route; if different types of parking are offered, such as surface parking, garage, or covered spaces, a sufficient number of each type must be made accessible.  Fair Housing Act Design Manual, page 2.23.

If buyers or renters request an accessible space at the time of the first sale or rental, it may be necessary to provide additional accessible parking spaces if the two percent are already reserved.  These spaces must be offered on the same terms and with the full range of choices offered to others.

If additional spaces are needed as a reasonable accommodation to a person with a disability after the buildings are constructed, additional accessible parking spaces may be required.
Quick Links
 
DCAB
919 Ala Moana Boulevard, Room 101
Honolulu, Hawaii 96814
(808) 586-8121 (Voice/TTY)  (808) 586-8129 (Fax)
Email: dcab@doh.hawaii.gov
Web site: www.hawaii.gov/health/dcab