Note, however, that documents that are exhibits will not be rejected for format requirements as described above in subsection a 2. Adopted April 15, , effective July 1, Brody Justice John R. Stegner Justice Gregory W. Moeller Justice Colleen D. Gratton Judge Jessica M. On the other hand, persons who are blind or have low vision are frequently unable to see the video images but can hear the audio track.
Videos need to incorporate features that make them accessible to everyone. Provide audio descriptions of images including changes in setting, gestures, and other details to make videos accessible to people who are blind or have low vision. Provide text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.
Other considerations when developing websites:. Identifying other barriers to access. Technology is changing, and many website designers are using creative and innovative ways to present web-based materials. These changes may involve new and different access problems and solutions for people with disabilities. This Chapter discusses just a few of the most common ways in which websites can pose barriers to access for people with disabilities.
By using the resources listed at the end of this Chapter, you can learn to identify and address other barriers. Now you know that some types of content and format on webpages can pose barriers for people with disabilities. The next steps are to develop an action plan to fix web content that is currently inaccessible and implement procedures to ensure that all new and modified web content is accessible. The website accessibility checklist included in this section helps you assess what needs to be done.
Following are a few of the many resources available to assist state and local governments in making their websites accessible:. What technologies do people with disabilities use to access the Internet?
How do poorly designed websites pose barriers to people with disabilities? What steps can state and local government agencies take to ensure website accessibility for people with disabilities?
Why Should Websites Be Accessible? Example: Accessing Online Tax Forms If posted on an accessible website, tax forms need to be available to people with disabilities in an accessible format on the same terms that they are available to other members of the public — 24 hours a day, seven days a week, without cost, inconvenience, or delay. A Few Basic Terms To understand the basics of website accessibility, you need to know a few terms: webpage — an Internet-based document, usually in HTML format, that can contain a wide variety of information and multimedia content.
Solution: Add a Text Equivalent to Every Image Adding a line of simple HTML code to provide text for each image and graphic will enable a user with a vision disability to understand what it is. Solution: Include Audio Descriptions and Captions Videos need to incorporate features that make them accessible to everyone. Online Barriers Faced by People with Disabilities Many people with disabilities use assistive technology that enables them to use computers.
Problem: Images Without Text Equivalents Blind people, those with low vision, and people with other disabilities that affect their ability to read a computer display often use different technologies so they can access the information displayed on a webpage.
Problem: Specifying Colors and Font Sizes Webpage designers often have aesthetic preferences and may want everyone to see their webpages in exactly the same color, size and layout. Problem: Videos and Other Multimedia Lack Accessible Features Due to increasing bandwidth and connection speeds, videos and other multimedia are becoming more common on the websites of state and local governments.
The WCAG is regarded as best practices for accessibility to websites. Compliance with WCAG is a good way for a business to make its website accessible to users who are disabled while protecting itself against allegations of non-compliance.
Plaintiffs are getting judgments against businesses for discrimination based on non-compliant websites, and businesses are finding themselves having to pay out monetary damages and cover the expense of compliance. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out.
A Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, and corridors are not areas containing a primary function. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, e.
B For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function. A An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.
C Safe harbor. If a public entity has constructed or altered required elements of a path of travel in accordance with the specifications in either the Standards or the Uniform Federal Accessibility Standards before March 15, , the public entity is not required to retrofit such elements to reflect incremental changes in the Standards solely because of an alteration to a primary function area served by that path of travel. B Costs that may be counted as expenditures required to provide an accessible path of travel may include:.
A When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs. B In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order—. A The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.
Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided. The Standards and the Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, the advisory notes, appendix notes, and figures contained in the Standards and the Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.
Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this section shall comply with the provisions of the Standards applicable to residential facilities, including, but not limited to, the provisions in sections and Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in sections When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.
Housing at a place of education that is subject to this section shall comply with the provisions of the Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections and subject to the following exceptions.
For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards. Assembly areas subject to this section shall comply with the provisions of the Standards applicable to assembly areas, including, but not limited to, sections and In addition, assembly areas shall ensure that—. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, removable seats may be placed in those spaces and seats;.
Medical care facilities that are subject to this section shall comply with the provisions of the Standards applicable to medical care facilities, including, but not limited to, sections and In addition, medical care facilities that do not specialize in the treatment of conditions that affect mobility shall disperse the accessible patient bedrooms required by section In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.
Cells with mobility features shall be provided in each classification level. Alterations to jails, prisons, and other detention and correctional facilities shall comply with the Standards except that public entities shall provide accessible mobility features complying with section Altered cells with mobility features shall be provided in each classification level.
However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells cells other than those where alterations are originally planned , provided that each substitute cell—.
In the few places where requirements between the two differ, the requirements of 28 CFR part 36, subpart D prevail. The compliance date for the Standards for new construction and alterations is determined by:. If that date is on or after March 15, , then new construction and alterations must comply with the Standards. If that date is on or after September 15, , and before March 15, , then new construction and alterations must comply with either the or the Standards.
The facility housing the "professional office of a health care provider" only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider. A A building housing five or more sales or rental establishments; or. B A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments.
The facility housing a "shopping center or shopping mall" only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment. In such a facility, any area housing passenger services, including boarding and debarking, loading and unloading, baggage claim, dining facilities, and other common areas open to the public, must be on an accessible route from an accessible entrance.
For example, in a facility that houses a shopping center or shopping mall, or a professional office of a health care provider, the floors that are above or below an accessible ground floor and that do not house sales or rental establishments or a professional office of a health care provider, must meet the requirements of this section but for the elevator.
For the purposes of this part, an alteration is a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof.
Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility. The phrase "to the maximum extent feasible," as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration.
In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible.
If providing accessibility in conformance with this section to individuals with certain disabilities e. A "primary function" is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out.
Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function.
The facility that houses a professional office of a health care provider only includes floor levels housing by at least one health care provider, or any floor level designed or intended for use by at least one health care provider. For example, alterations to floors above or below the accessible ground floor must be accessible regardless of whether the altered facility has an elevator. Unless specifically stated otherwise, advisory notes, appendix notes, and figures contained in the Standards and Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.
Places of lodging subject to this part shall comply with the provisions of the Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections and of the Standards. Guest rooms with mobility features in places of lodging subject to the transient lodging requirements of Standards shall be provided as follows —. Residential dwelling units that are designed and constructed for residential use exclusively are not subject to the transient lodging standards.
Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this part shall comply with the provisions of the Standards applicable to residential facilities, including, but not limited to, the provisions in sections and Housing at a place of education that is subject to this part shall comply with the provisions of the Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections and , subject to the following exceptions.
Assembly areas that are subject to this part shall comply with the provisions of the Standards applicable to assembly areas, including, but not limited to, sections and In addition, assembly areas shall ensure that —. Medical care facilities that are subject to this part shall comply with the provisions of the Standards applicable to medical care facilities, including, but not limited to, sections and They include unique provisions concerning:.
This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities. The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act of ADA. Advisory In addition to these requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act.
There are issues affecting individuals with disabilities which are not addressed by these requirements, but which are covered by the Department of Justice and the Department of Transportation regulations. This document does not address existing facilities unless altered at the discretion of a covered entity.
The Department of Justice has authority over existing facilities that are subject to the requirement for removal of barriers under title III of the ADA. Any determination that this document applies to existing facilities subject to the barrier removal requirement is solely within the discretion of the Department of Justice and is effective only to the extent required by regulations issued by the Department of Justice.
The technical requirements are based on adult dimensions and anthropometrics. Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.
Advisory Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. With the exception of transit facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation. All dimensions are subject to conventional industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points.
Conventional industry tolerances recognized by this provision include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. Recognized tolerances are not intended to apply to design work.
It is good practice when specifying dimensions to avoid specifying a tolerance where dimensions are absolute. Where the requirement states a specified range, such as in Section Where a requirement is a minimum or a maximum dimension that does not have two specific minimum and maximum end points, tolerances may apply.
Specifying dimensions in design in the manner described above will better ensure that facilities and elements accomplish the level of accessibility intended by these requirements. It will also more often produce an end result of strict and literal compliance with the stated requirements and eliminate enforcement difficulties and issues that might otherwise arise. Information on specific tolerances may be available from industry or trade organizations, code groups and building officials, and published references.
Where the required number of elements or facilities to be provided is determined by calculations of ratios or percentages and remainders or fractions result, the next greater whole number of such elements or facilities shall be provided.
Where the determination of the required size or dimension of an element or facility involves ratios or percentages, rounding down for values less than one half shall be permitted. Unless specifically stated otherwise, figures are provided for informational purposes only. The standards listed in The Director of the Federal Register has approved these standards for incorporation by reference in accordance with 5 U.
The specific edition of the standards listed below are referenced in this document. Where differences occur between this document and the referenced standards, this document applies. Included are provisions intended to reduce the chance of user injury or entrapment.
ASME A The majority of the requirements apply to the operational machinery not seen or used by elevator passengers. This means of communication must connect with emergency or authorized personnel and not an automated answering system. The communication system must be push button activated. The visual indication must remain on until the call is terminated by authorized personnel. The building location, the elevator car number, and the need for assistance must be provided to authorized personnel answering the emergency call.
The use of a handset by the communications system is prohibited. Only the authorized personnel answering the call can terminate the call. Operating instructions for the communications system must be provided in the elevator car. The provisions for escalators require that at least two flat steps be provided at the entrance and exit of every escalator and that steps on escalators be demarcated by yellow lines 2 inches wide maximum along the back and sides of steps.
Lifts are classified as: vertical platform lifts, inclined platform lifts, inclined stairway chairlifts, private residence vertical platform lifts, private residence inclined platform lifts, and private residence inclined stairway chairlifts. This document does not permit the use of inclined stairway chairlifts which do not provide platforms because such lifts require the user to transfer to a seat.
The standard includes additional provisions for runway enclosures, electrical equipment and wiring, structural support, headroom clearance which is 80 inches minimum , lower level access ramps and pits. The enclosure walls not used for entry or exit are required to have a grab bar the full length of the wall on platform lifts. Access ramps are required to meet requirements similar to those for ramps in Chapter 4 of this document. The maximum permitted height for operable parts is consistent with Section of this document.
The standard also addresses attendant operation. However, Section ASTM F and ASTM F establish a uniform means to measure and compare characteristics of surfacing materials to determine whether materials provide a safe surface under and around playground equipment. These standards are referenced in the play areas requirements of this document when an accessible surface is required inside a play area use zone where a fall attenuating surface is also required.
The standards cover the minimum impact attenuation requirements, when tested in accordance with Test Method F , for surface systems to be used under and around any piece of playground equipment from which a person may fall. ASTM F establishes a nationally recognized safety standard for public playground equipment to address injuries identified by the U.
Consumer Product Safety Commission. It defines the use zone, which is the ground area beneath and immediately adjacent to a play structure or play equipment designed for unrestricted circulation around the equipment and on whose surface it is predicted that a user would land when falling from or exiting a play structure or equipment.
The play areas requirements in this document reference the ASTM F standard when defining accessible routes that overlap use zones requiring fall attenuating surfaces. If the use zone of a playground is not entirely surfaced with an accessible material, at least one accessible route within the use zone must be provided from the perimeter to all accessible play structures or components within the playground.
ASTM F establishes a uniform means to measure the characteristics of surface systems in order to provide performance specifications to select materials for use as an accessible surface under and around playground equipment.
Surface materials that comply with this standard and are located in the use zone must also comply with ASTM F The test methods in this standard address access for children and adults who may traverse the surfacing to aid children who are playing. International Building Code, Edition see International Building Code, Supplement see International Building Code IBC including Supplement to the International Codes and IBC are referenced for means of egress, areas of refuge, and railings provided on fishing piers and platforms.
At least one accessible means of egress is required for every accessible space and at least two accessible means of egress are required where more than one means of egress is required. The technical criteria for accessible means of egress allow the use of exit stairways and evacuation elevators when provided in conjunction with horizontal exits or areas of refuge. While typical elevators are not designed to be used during an emergency evacuation, evacuation elevators are designed with standby power and other features according to the elevator safety standard and can be used for the evacuation of individuals with disabilities.
The IBC also provides requirements for areas of refuge, which are fire-rated spaces on levels above or below the exit discharge levels where people unable to use stairs can go to register a call for assistance and wait for evacuation. The recreation facilities requirements of this document references two sections in the IBC for fishing piers and platforms. An exception addresses the height of the railings, guards, or handrails where a fishing pier or platform is required to include a guard, railing, or handrail higher than 34 inches mm above the ground or deck surface.
NFPA and NFPA address the application, installation, performance, and maintenance of protective signaling systems and their components. The standard specifies the characteristics of audible alarms, such as placement and sound levels. NFPA 72 specifies characteristics for visible alarms, such as flash frequency, color, intensity, placement, and synchronization.
However, Section of this document requires that visual alarm appliances be permanently installed. UL specifies intensity dispersion requirements for visible alarms. In particular, NFPA 72 requires visible alarms to have a light source that is clear or white and has polar dispersion complying with UL For the purpose of this document, the terms defined in Terms defined in Section Terms not defined in The meaning of terms not specifically defined in Words, terms and phrases used in the singular include the plural and those used in the plural include the singular.
All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements. These requirements are to be applied to all areas of a facility unless exempted, or where scoping limits the number of multiple elements required to be accessible.
For example, not all medical care patient rooms are required to be accessible; those that are not required to be accessible are not required to comply with these requirements. However, common use and public use spaces such as recovery rooms, examination rooms, and cafeterias are not exempt from these requirements and must be accessible.
Where a site, building, facility, room, or space contains more than one use, each portion shall comply with the applicable requirements for that use. These requirements shall apply to temporary and permanent buildings and facilities.
Temporary buildings or facilities covered by these requirements include, but are not limited to, reviewing stands, temporary classrooms, bleacher areas, stages, platforms and daises, fixed furniture systems, wall systems, and exhibit areas, temporary banking facilities, and temporary health screening facilities. Structures and equipment directly associated with the actual processes of construction are not required to be accessible as permitted in Additions and alterations to existing buildings or facilities shall comply with Each addition to an existing building or facility shall comply with the requirements for new construction.
Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.
Unless required by In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section of the Rehabilitation Act of , as amended, shall not be required to comply with Although covered entities are permitted to limit the scope of an alteration to individual elements, the alteration of multiple elements within a room or space may provide a cost-effective opportunity to make the entire room or space accessible.
Any elements or spaces of the building or facility that are required to comply with these requirements must be made accessible within the scope of the alteration, to the maximum extent feasible. If providing accessibility in compliance with these requirements for people with one type of disability e. An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited.
An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction. In addition to the requirements of In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General.
An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. Also, mixed use facilities may include numerous primary function areas for each use.
Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, or restrooms.
Alterations to a qualified historic building or facility shall comply with EXCEPTION: Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the exceptions for alterations to qualified historic buildings or facilities for that element shall be permitted to apply.
State Historic Preservation Officers are State appointed officials who carry out certain responsibilities under the National Historic Preservation Act. State Historic Preservation Officers consult with Federal and State agencies, local governments, and private entities on providing access and protecting significant elements of qualified historic buildings and facilities.
There are exceptions for alterations to qualified historic buildings and facilities for accessible routes When an entity believes that compliance with the requirements for any of these elements would threaten or destroy the historic significance of the building or facility, the entity should consult with the State Historic Preservation Officer. If the State Historic Preservation Officer agrees that compliance with the requirements for a specific element would threaten or destroy the historic significance of the building or facility, use of the exception is permitted.
Public entities have an additional obligation to achieve program accessibility under the Department of Justice ADA regulations. See 28 CFR These regulations require public entities that operate historic preservation programs to give priority to methods that provide physical access to individuals with disabilities. If alterations to a qualified historic building or facility to achieve program accessibility would threaten or destroy the historic significance of the building or facility, fundamentally alter the program, or result in undue financial or administrative burdens, the Department of Justice ADA regulations allow alternative methods to be used to achieve program accessibility.
In the case of historic preservation programs, such as an historic house museum, alternative methods include using audio-visual materials to depict portions of the house that cannot otherwise be made accessible.
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