HARMONIZATION Where the Civil Rights mandates of the ADA join the General Welfare requirements of the ICC International Building Code ©

Brian Black Director, Building Codes & Standards United Spinal Association 111 West Huron Street Buffalo, NY

THE BACKGROUND: 1988: Model “legacy” codes begin to write common accessibility requirements 1988: Fair Housing Amendments Act 1990: Americans with Disabilities Act 1991: ADA Accessibility Guidelines published 1991: Legacy codes begin to adopt expanded access requirements

and : CABO/ANSI A : ADAAG Federal Advisory Committee 1996: Initial harmonization in legacy codes 1998: Harmonization in ICC/ANSI A : New ADAAG NPRM 2000: ICC International Building Code

Finally : ICC Code Requirements for Housing Accessibility 2002: final draft ADA/ABA Accessibility Guidelines 2003: Harmonized IBC and ICC/ANSI A : Access Board submits guidelines for approval 2004: IBC Supplement

QUESTION: My state has adopted the ICC International Building Code (IBC). What does that mean for compliance with ADAAG?

ANSWER: Who knows? Thank you very much.

Actually… The answer depends on which IBC (2000 or 2003 or later) and which ADAAG (the current 1991 version or the 2004 proposed ADA/ABA Accessibility Guidelines).

2000 IBC and current ADAAG IBC 2000 reflects* about 85% of the 1991 ADAAG** *meets or exceeds **does not include DOJ regulations

2003 IBC and ADA/ABA Accessibility Guidelines (2004) IBC 2003 reflects about 96% of the new ADA/ABA Accessibility Guidelines

2004 IBC* and ADA/ABA Accessibility Guidelines (2004) *2004 Supplement will reference ICC/ANSI A IBC 2003 with its 2004 Supplement will reflect about 99% of the new ADA/ABA Accessibility Guidelines

The IBC is more restrictive than new and old ADAAG for: Churches and other religious entities Changes of occupancy Fair Housing requirements Elevator exception Unisex toilet rooms

Fair housing

Elevator exception ADA: No elevator where the is less than 2 stories or less than 3,000 s.f. per floor IBC: Accessible route not required to stories and mezzanines above/below accessible level with aggregate 3,000 s.f.

Unisex toilet rooms Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible unisex toilet room shall be provided where an aggregate of six or more male and female water closets are required. In buildings of mixed occupancy, only those water closets required for the assembly or mercantile occupancy shall be used to determine the unisex toilet room requirement. In recreational facilities where separate-sex bathing rooms are provided, an accessible unisex bathing room shall be provided. Fixtures located within unisex toilet and bathing rooms shall be included in determining the number of fixtures provided in an occupancy.

Where the ADA exceeds IBC: Title II requirements DOJ regulations (e.g., “3-year” alteration rule) Accessible entrances (60% in new guidelines) Number of wheelchair locations in assembly areas (old ADAAG only)

New IBC/ADA features in 2004: Requirements for children’s environments New employ work area exceptions Press box exception Van parking New assembly area requirements Provisions for courts, jails New ASME A18.1 Platform Lift Standard

What to do? Best: Adopt IBC with 2004 Supplement (New York) Adopt IBC 2003 (Michigan) Do not use 1991 ADAAG technical requirements in lieu of ICC/ANSI A117.1 (Ohio) Retain more restrictive requirements of IBC

Thank you.