March  2009   Random information
As I receive information I  like to share it with you.  If we are all better educated, then we can work together to have accurate construction documents and final products
DOJ Postpones Review of Udated ADA Regulations
The U.S. Department of Justice (DOJ) has delayed publication of updated final regulations under the Americans with Disabilities Act (ADA) due to the presidential transition.  DOJ, which had submitted the new regulations to the Office of Management and Budget for review and clearance in early December, withdrew its submission in response to a memorandum from the Obama Administration directing Federal agencies to postpone publication of any new regulations until incoming administration officials have had an opportunity to review them.  According to a statement posted on DOJ's website:
 
In This Issue
DOJ Postpones review of ADA
New building on existing site
Inspector's corner: Knee Space
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New building on an existing campus site
 
 I am reviewing a new building that is being added to an historic campus.  The question came up whether an accessible route is required from the new building to the public street? 
 
Because this is a new construction (even though it is an existing site), per 4.3.2(1)
 
"At least one accessible route within the boundary of the site shall be provided from ....public sidewalk to the accessible building entrance they serve." 
 
In this situation, an accessible was provided, but it was not a concrete walkway.  The ground surface was grass.   Is this acceptable or would they have to build a brand new sidewalk made of concrete?
 
As long as the slopes are acceptable, and the grass is kept neatly cut (no more than " high),  and as long as the changes between the grass and the concrete of the existing sidewalk in the Public Right of Way (P.R.O.W) did not exceed the 1/4" mentioned in 4.3.8 and Fig. 7,  then TDLR and  the Access Board agree that grass is a "stable" and "slip resistant" ground surface material. 
 
So they did have an acceptable accessible route, even if it was not a traditional hardscape surface with striping.

wheelchair on grass

Inspector's corner: Where to put a knee space?
The counter shown below provides a knee space at a counter.  The same counter also has a sink.  However the knee space is located in the wrong place.  Section 4.24.3 specifies a knee space that is  at least 27" high, 30" wide and 19" deep be provided under a sink (that is in a common area-not a work area).   Therefore, this counter is not compliant.
 
 

toilet paper

 
 
 If the counter was being used as an eating counter and had a fixed seat, then 4.32 Fixed or Built-in Seating and Tables (including counters), would require a knee space (per Fig. 45) where it is shown.  
 

fig. 45

If you have any other questions or if there is anything else I can help you with, feel free to contact me any time. 
 
Sincerely,
 
Marcela Abadi Rhoads, RAS #240
Abadi Accessibility
214. 403.8714