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Frequently Asked Accessibility Questions
  1. What is the difference between the ADA Standards for Accessible Design and the ADA Accessibility Guidelines?

    2.
  2. What are the key differences between the AAB regulations and the ADA?

    3.
  3. What is the role of the Massachusetts building inspectors in enforcing ADA & AAB and other access requirements?

    4.
  4. What are the access requirements if an organization receives U.S. Department of Housing and Urban Development funds for a housing project?

    5.
  5. What are the key differences between the federal Fair Housing Act design and construction requirements and the AAB regulations?

    6.
  6. Why do state and federal accessible design standards require 18”-24” of clear maneuvering space on the latch-pull side of a door?

1. What is the difference between the ADA Standards for Accessible Design and the ADA Accessibility Guidelines?
Answer:
The federal Access Board published ADAAG in 1991, and the U.S. Departments of Justice and Transportation adopted them as the " ADA Standards for Accessible Design". These standards are fully enforceable as the ADA 's accessible design standards. However, since 1998 the federal Access Board has expanded ADAAG to include accessible design guidelines for children’s environments, play areas, recreation facilities, and state and local government facilities. These additional guidelines represent the “best available guidance” for complying with the ADA’s statutory requirement to make new construction and alterations “readily accessible to and usable by individuals with disabilities.” However, these additional guidelines have not yet been adopted by the Department of Justice and are not enforceable standards.

2. What are the key differences between the AAB regulations and the ADA?

Answer:
There are four key differences between the AAB and the ADA

a. Civil Rights v. Building Code.
The ADA is a federal, civil rights statute prohibiting discrimination based on a person’s disability. The ADA Standards for Accessible Design are enforceable design standards that help ensure that new construction and alterations are “readily accessible to and usable by individuals with disabilities.” The Rules and Regulations of the Massachusetts Architectural Access Board (521 CMR) are incorporated by reference into the State Building Code.

b. Employee areas.
The AAB covers facilities that are open to and used by the public, but does NOT cover employee areas. The ADA covers those and employee-only areas.

c. Alterations.
Both the ADA and the AAB have formulas for how much access is required when alterations are undertaken, however the formulas are different. The ADA requires that when certain alterations are made to a "primary function area," not only must that alteration be accessible, but there must also be an accessible path of travel from the altered area to the entrance. The "path of travel" requirement can begin outside the building at adjacent public transportation stops or parking, and include an accessible entrance, route to the altered area, and the bathrooms, telephones, and drinking fountains serving the area. Path of travel barrier removal is limited to the extent that the added accessibility costs do not exceed 20 percent of the cost of the original alteration to the primary function area.

AAB requirements depend on the cost of the alteration and its relation to the “full and fair cash value” of the building. All alterations in public areas must be constructed in compliance with 521 CMR. Additional barrier removal is required in most projects when the cost of the alteration exceeds $100,000. The entire facility must be made accessible if the cost of the project exceeds 30% of the building’s full and fair cash value. There are a variety of exemptions and requirements, so we suggest reading the code in detail at: www.state.ma.us/aab/download/521CMR03.doc.

d. Existing facilities where no alterations are planned.
Since the ADA is a civil rights law it has requirements for “existing facilities” (built before the ADA went into effect) even when no alterations are being undertaken. Places of public accommodation (such as restaurants, hotels, stores, day care centers) must remove barriers when it is “readily achievable” to do so, even when not alterations are otherwise planned. State and local governments (public entities) must assure that programs, services and activities in existing facilities are readily accessible to and usable by people with disabilities when viewed in their entirety. Facility access is one way of addressing the program accessibility requirement.

On the other hand the AAB is a specialized section of the building code (not a civil rights law) therefore the requirements when no alterations are being undertaken are limited. When the use of a building changes from a private use to one that is open to and used by the public, an accessible entrance must be provided, even if no work is being performed. When a portion of a building changes use from a private use to one that is open to and used by the public, then an accessible route must be provided from an accessible entrance even if no work is being performed.

3. What is the role of the Massachusetts building inspectors in enforcing ADA & AAB and other access requirements?
Answer:
 Under M.G.L. c.22.Section 13A, local and state building inspectors are REQUIRED to enforce the Rules and Regulaions of the Architectural Access Board (521 CMR). Although they do not have the authority to grant waivers to any provision of the code, they are required to enforce the code.Local and state building inspectors are not required and do not have the authority to enforce the Americans with Disabilities Act. Only the Department of Justice and federal courts have the authority to enforce the ADA.

4. What are the access requirements if an organization receives U.S. Department of Housing and Urban Development funds for a housing project?
Answer:
 Recipients of HUD’s financial assistance (grants and many loans) must comply with HUD’s Section 504 regulations. At least one unit, or a minimum of 5% of the dwelling units (whichever is greater) constructed or renovated, must be accessible to people with mobility impairments and at least one unit or a minimum of 2% of the units (whichever is greater) must be accessible to people with hearing or vision impairments. [24 CFR 8.22 and 8.23]

The 5% and 2% requirements apply to each project that receives federal financial assistance. The term "project" includes units that are covered by a single contract or application for federal assistance. A housing development located on a single site may consist of several "projects" as defined in HUD's regulations; when this happens the 5% and 2% requirements applied to each "project" may require more units to be made accessible than if the 5% and 2% were applied to the development as a whole. On the other hand, a project might consist of dwelling units located on several scattered sites but funded by one contract or application for federal assistance. When this happens, the 5% and the 2% requirements apply to the total number of dwelling units covered by the contract or application. “Existing” housing programs (built before June 2, 1988 the effective date of the regulations) must be readily accessible and usable by people with disabilities when viewed in their entirety.

5. What are the key differences between the federal Fair Housing Act design and construction requirements and the AAB regulations?
Answer:
 The key differences between FHA and AAB are:
a) FHA requirements start at 4 or more units of new construction and the AAB starts at 3 or more units.
b) The AAB has requirements for existing buildings undergoing renovation consisting of 12 or more units and FHA has not requirements for alterations.
c) FHA has an exception for site impracticality and the AAB does not.

6. Why do state and federal accessible design standards require 18”–24” of clear maneuvering space on the latch-pull side of a door?
Answer:

Without this maneuvering space, a person using a wheelchair or other mobility device cannot open the door without being in the way of the door as it is opening. You can try it yourself by sitting in a rolling office chair and trying to open a door with no latch side clearance.


Photograph of Robert A. Wells Access Project at the Berkshire Museum
Massachusetts Best of Accessible Design Awards, sponsored by the Massachusetts Architectural Access Board
(description)

 

 

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