HomeMy WebLinkAboutDisMinutes_2012_06_22Brookings Committee for People who have Disabilities
June 22, 2012
A meeting of the Brookings Committee for People who have Disabilities was held at 2:00 p.m. on Friday,
June 22, 2012 in the Brookings City & County Government Center with the following members present:
Jessie Kuechenmeister, Geoff Graff, Sylvia Lozada, Kathy Heylens and Lonnie Bayer. Dave Miller, Nancy
Hartenhoff-Crooks, Jeff Vostad, Matt Simet, Dona Kornbaum and Alan Davis were absent. Shari Thornes
was present.
Kuechenmeister called the meeting to order at 2:00 p.m. The agenda was adopted. Next meeting – July
27th at 2:00 p.m.
NEW BUSINESS
Outdoor Learning Center. The Brookings Outdoor Learning Center is building the South Dakota Outdoor
Activity Center at the City’s Nature Park. Because it’s located on city property, the facility must comply
with all additional City ADA requirements. Plans will be available later this year.
Property Owner Request. Miller was contacted by Craig Kreyger, University Mall owner, requesting a letter
from the Committee stating the mall parking met requirements. There was consensus that such a letter
wouldn’t be appropriate for the Committee to provide. Miller will follow-up with Mr. Kreyger.
ABLE Award Nominee Discussion. The Committee identified the following possible nominees: Dacotah
Bank at 1441 6th Street, Hillcrest School (not completed), Brookings High School, Camelot School, United
Retirement Center (uncertain on project status), Avera Building – SDSU, St. Paul’s Episcopal Church and First
Lutheran (addition). The Nature Park was suggested for next year.
PROJECT & ISSUE UPDATES:
2012 ADA Anniversary Celebration- Sunday, July 29th, Band Concert @ Pioneer Park. Heylens has made all
the arrangements for the Committee to serve SDSU ice cream at the last band concert of the summer. She
is coordinating with the Community Band leaders and the SDSU Dairy Bar. Members are asked to arrive at
Pioneer Park by 6:45 p.m. Mayor Reed will speak prior to the concert in recognition of the ADA Anniversary
and the Committee’s contributions.
Brookings County Courthouse Remodel. The ADA Compliance Review Report, dated May 21, 2012, was
provided to the architects, court officials and Brookings County Commission.
Thornes received an email response from the architect to the report. Responses are noted in red.
1. Doors:
a. Interior Door Force
Recommendation: Verify interior door weight at project completion. This is a
common error overlooked in many projects.
“404.2.9 Door and Gate Opening Force. Fire doors shall have a minimum opening force allowable by
the appropriate administrative authority. The force for pushing or pulling open a door or gate other
than fire doors shall be as follows:
1. Interior hinged doors and gates: 5 pounds (22.2 N) maximum.
2. Sliding or folding doors: 5 pounds (22.2 N) maximum.
These forces do not apply to the force required to retract latch bolts or disengage other devices that
hold the door or gate in a closed position.
Advisory 404.2.9 Door and Gate Opening Force. The maximum force pertains to the continuous
application of force necessary to fully open a door, not the initial force needed to overcome the inertia
of the door. It does not apply to the force required to retract bolts or to disengage other devices used
to keep the door in a closed position.” 2010 ADA Standards for Accessible Design
Response: Doors and gates are designed to meet opening force requirements
b. Hardware
Recommendation: Verify all door hardware throughout scope of project complies with
operable parts requirements pursuant to ADA Standards 309.
“309 Operable Parts:
309.1 General. Operable parts shall comply with 309.
309.2 Clear Floor Space. A clear floor or ground space complying with 305 shall be provided.
309.3 Height. Operable parts shall be placed within one or more of the reach ranges specified in 308.
309.4 Operation. Operable parts shall be operable with one hand and shall not require tight grasping,
pinching, or twisting of the wrist. The force required to activate operable parts shall be 5 pounds (22.2
N) maximum
404.2.7 Door and Gate Hardware. Handles, pulls, latches, locks, and other operable parts on doors and
gates shall comply with 309.4. Operable parts of such hardware shall be 34 inches (865 mm) minimum
and 48 inches (1220 mm) maximum above the finish floor or ground. Where sliding doors are in the
fully open position, operating hardware shall be exposed and usable from both sides.
Advisory 404.2.7 Door and Gate Hardware. Door hardware that can be operated with a closed fist or a
loose grip accommodates the greatest range of users. Hardware that requires simultaneous hand and
finger movements require greater dexterity and coordination, and is not recommended. 2010 ADA
Standards for Accessible Design
Response: New doors and gates are designed to meet operable parts requirements.
c. Clear width/path of travel
Recommendations: Verify clear width/path of travel requirements are met,
particularly areas where vault doors are located.
“404.2.3 Clear Width. Door openings shall provide a clear width of 32 inches (815 mm) minimum. Clear
openings of doorways with swinging doors shall be measured between the face of the door and the
stop, with the door open 90 degrees. Openings more than 24 inches (610 mm) deep shall provide a
clear opening of 36 inches (915 mm) minimum. There shall be no projections into the required clear
opening width lower than 34 inches (865 mm) above the finish floor or ground. Projections into the
clear opening width between 34 inches (865 mm) and 80 inches (2030 mm) above the finish floor or
ground shall not exceed 4 inches (100 mm).” 2010 Standards for Accessible Design
Response: New doors are designed to provide a clear width of 32 inches minimum. The vault door at
the new judge’s office did not provide 32 inch clear width and hence the design has been modified to
remove the vault door and provide a new 36 inch wide door.
2. Accessible Communications – ALS
Reminder of ALS requirements in courtrooms
“219 and 706 Assistive Listening Systems: Signs. Section 216.10 of the 2010 Standards requires each
covered assembly area to provide signs at each auditorium to inform patrons that assistive listening
systems are available. However, an exception to this requirement permits assembly areas that have ticket
offices or ticket windows to display the required signs at the ticket window.”
“Audible Communication. The 1991 Standards, at section 4.1.3(19)(b), require assembly areas, where
audible communication is integral to the use of the space, to provide an assistive listening system if they
have an audio amplification system or an occupant load of 50 or more people and have fixed seating. The
2010 Standards at section 219 require assistive listening systems in spaces where communication is
integral to the space and audio amplification is provided and in courtrooms.
The 1991 Standards require receivers to be provided for at least four percent (4%) of the total number of
fixed seats. The 2010 Standards, at section 219.3, revise the percentage of receivers required according to
a table that correlates the required number of receivers to the seating capacity of the facility. Small
facilities will continue to provide receivers for four percent (4%) of the seats. The required percentage
declines as the size of the facility increases. The changes also require at least twenty-five percent (25%),
but no fewer than two, of the receivers to be hearing-aid compatible. Assembly areas served by an
induction loop assistive listening system will not have to provide hearing-aid compatible receivers.”
Guidance on 2010 ADA Standards for Accessible Design
Response: Accessible communications are not part of the General Construction Contract.
3. Accessible Communications - Signage
Recommendations: Interior signage packages are often done separately from the bid
project and not available during plan review. The Committee has found many new
construction projects in Brookings have noncompliant interior signage. Verify
subcontractor complies with Chapter 7: Communication Elements and Features, Section
703 Signs, 2010 ADA Standards for Accessible Design. Please feel free to contact the
Committee for additional assistance in this matter.
Response: The contract includes accessible signage at the new toilet rooms. Other signage
is beyond the scope of this construction project.
4. Service Counters
Clerk of Courts Office - Service Counters: Current plans are to reconfigure three existing historic
doors in a first floor vestibule into 42” high service counters for the Clerk of Courts Office. The
accessible counter would be located in an adjacent office through a separate doorway.
“227 and 904 Sales and Service. “Check-Out Aisles and Sales and Service Counters. The 1991
Standards, at section 7.2, and the 2010 Standards, at section 904.4, contain technical requirements for
sales and service counters. The 1991 Standards generally require sales and service counters to provide
an accessible portion at least 36 inches long and no higher than 36 inches above the finish floor. The
nondiscrimination requirements of the ADA regulations require the level of service provided at the
accessible portion of any sales and service counter to be the same as the level of service provided at
the inaccessible portions of the counter.
The 2010 Standards specify different lengths for the accessible portion of sales and service counters
based on the type of approach provided. Where a forward approach is provided, the accessible
portion of the counter must be at least 30 inches long and no higher than 36 inches, and knee and toe
space must be provided under the counter. The requirement that knee and toe space be provided
where only clear floor space for a forward approach to a sales and service counter is provided is not a
new requirement. It is a clarification of the ongoing requirement that part of the sales and service
counter be accessible. This requirement applies to the entire accessible part of sales and service
counters and requires that the accessible clear floor or ground space adjacent to those counters be
kept clear of merchandise, equipment, and other items so that the accessible part of the counter is
readily accessible to and usable by individuals with disabilities. The accessible part of the counter must
also be staffed and provide an equivalent level of service as that provided to all customers.
Where clear floor space for a parallel approach is provided, the accessible portion of the counter must
be at least 36 inches long and no higher than 36 inches above the finish floor. A clear floor or ground
space that is at least 48 inches long x 30 inches wide must be provided positioned for a parallel
approach adjacent to the 36-inch minimum length of counter.
Section 904.4 of the 2010 Standards includes an exception for alterations to sales and service counters
in existing facilities. It permits the accessible portion of the counter to be at least 24 inches long,
where providing a longer accessible counter will result in a reduction in the number of existing
counters at work stations or existing mailboxes, provided that the required clear floor or ground space
is centered on the accessible length of the counter.
Section 904.4 of the 2010 Standards also clarifies that the accessible portion of the counter must
extend the same depth as the sales or service counter top. Where the counter is a single-height
counter, this requirement applies across the entire depth of the counter top. Where the counter is a
split-height counter, this requirement applies only to the customer side of the counter top. The
employee-side of the counter top may be higher or lower than the customer-side of the counter top.
Both the 1991 and the 2010 Standards permit covered entities to determine whether they will provide
a forward or a parallel approach to sales and service counters. So any facility that does not wish to
provide the knee or toe clearance required for a front approach to such a counter may avoid that
option. However, the Department believes that permitting a forward approach without requiring knee
and toe clearance is not adequate to provide accessibility because the person using a wheelchair will
be prevented from coming close enough to the counter to see the merchandise or to transact business
with a degree of convenience that is comparable to that provided to other customers.
A parallel approach to sales and service counters also can provide the accessibility required by the
2010 Standards. Individuals using wheelchairs can approach sales and service counters from the side,
and, assuming the necessary elements, features, or merchandise necessary to complete a business
transaction are within the reach range requirements for a side approach, the needs of individuals with
disabilities can be met effectively.” Guidance on 2010 ADA Standards for Accessible Design
Recommendations: Representatives of the U.S. Access Board and ADA Assistance
Center were consulted regarding this issue and all found the proposed design non-
compliant with the 2010 ADA Standards for Accessible Design. One of every service
counter TYPE must be accessible and the accessible counter must be equally staffed.
Since all three counters provide the same service, one must be lowered to 36”.
NOTE: State Historic Preservation Office (SHPO) has advised lowering one counter
height will not have a negative historic impact.
Response: The design of the service windows has been changed to include an accessible
counter.
5. Courtrooms
“231 and 808 Judicial Facilities and Courtrooms. Section 231 of the 2010 Standards adds
requirements for accessible courtrooms, holding cells, and visiting areas
Accessible Courtroom Stations. Sections 231.2, 808, 304, 305, and 902 of the 2010 Standards
provide increased accessibility at courtroom stations. Clear floor space for a forward approach is
required for all courtroom stations (judges´ benches, clerks´ stations, bailiffs´ stations, deputy
clerks´ stations, court reporters´ stations, and litigants´ and counsel stations). Other applicable
specifications include accessible work surface heights and toe and knee clearance.
Accessible Jury Boxes, Attorney Areas, and Witness Stands. Section 206.2.4 of the 2010 Standards
requires, in new construction and alterations, at least one accessible route to connect accessible
building or facility entrances with all accessible spaces and elements within the building or facility
that are connected by a circulation path unless they are exempted by Exceptions 1 - 7 of section
206.2.3. Advisory 206.2.4 Spaces and Elements Exception 1 explains that the exception allowing
raised courtroom stations to be used by court employees, such as judge´s benches, to be
adaptable does not apply to areas of the courtroom likely to be used by members of the public
such as jury areas, attorney areas, or witness stands. These areas must be on an accessible route
at the time of initial construction or alteration.
Raised Courtroom Stations Not for Members of the Public. Section 206.2.4, Exception 1 of the
2010 Standards provides that raised courtroom stations that are used by judges, clerks, bailiffs,
and court reporters will not have to provide full vertical access when first constructed or altered
if they are constructed to be easily adaptable to provide vertical accessibility.” Guidance on 2010
ADA Standards for Accessible Design
a. NEW Jury Courtroom - 2nd Floor
A juried courtroom did not previously exist in this specific location. Reviewers consider this a
new program, which must comply with new construction standards pursuant to the 2010
Standards.
• Gallery Space – 2nd Floor Juried
• Accessible seating must be
located within seating
footprint and provide
shoulder to shoulder
alignment.
• Clear floor space requirements - Forward–36”x48”; Side approach 36” x 60”
Recommendations: Dimensions not provide on accessible seating. Verify clear floor
space, integration and side-by-side alignment requirements are met.
• Witness Stand – 2nd Floor Juried
Recommendations: New design appears to comply with 2010 Standards. Plan
provides for compliant ramp with adequate turning space. Verify knee and toe
clearances provided in final design.
• Judge’s Bench – 2nd Floor Juried
Recommendations: Proposed design does not provide vertical access at this time;
however, Standards allow for a ramp or lift to be installed after construction, but
should be easily adaptable at later time. The Committee has concerns how the
bench area can be modified with the current design.
• ALS
Recommendations: Verify Assisted Listening System (ALS) is provided. See ALS
requirements in Item #2, Accessible Communication.
• Jury Box – 2nd Floor
Recommendations: The jury box as proposed is not
compliant with new construction 2010 Standards
because the accessible seating must be located within
the “defined” area (railing).
The Committee offered possible solutions to consider:
Move top row spaces farther right and remove portion
of top row to give more room for wheelchair space and extend railing.
Narrow top row from 3’8” to 3’5” and narrow path in front of railing by 3” to achieve
48” for front row forward approach. Install accessible space on either end with
hinged railing that would allow juror to back in. Right side closest to witness stand
appears to give most space.
Modify top row to gain additional space, retain accessible seat in same location, but
extend and curve the railing to parallel gallery railing.
Response: The Jury Courtroom has been redesigned to provide accessibility. ALS is not
part of the General Construction Project.
• Jury Deliberation Room – 2nd Floor
Recommendations: The Committee was concerned about path of travel to the sink
area located in Room 212. They recommended relocating sink on opposite wall to
provide wider path of travel.
Response: The table show was diagrammatic only; the size of the table has not been
determined.
b. NEW Non Jury - 2nd Floor
• Gallery space – 2nd Floor Non Jury
Recommendations: The revised design dated May 17, 2012, did not include gallery
seating details. Verify clear floor space, integration and side-by-side alignment
requirements are met and maintained.
• Witness Stand – 2nd Floor Non Jury
Recommendations: The revised design provides for ramped access to elevated
witness stand; however, dimensions were not provided. Verify clear floor space,
ramp, turning space, counter height and knee and toe clearances are provided in
final design.
• Judge’s Bench – 2nd Floor Non Jury
Recommendations: The revised design provides for ramped access to elevated
Judge’s Bench; however, dimensions were not provided. Verify clear floor space,
ramp, turning space, counter height and knee and toe clearances are provided in
final design.
Response: The design of the Non-Jury Courtroom has been refined to provide
accessibility. Access to the Judge’s Bench can be accommodated by a future platform lift.
c. EXISTING Jury - 3rd Floor
• Gallery space – 3rd Floor Jury
No changes are proposed in the current plans.
Recommendations: Consider shortening one or more benches for accessible
seating within the gallery rows. Consider removal of one or more bench and
realign for wider clear floor space in for accessible seat(s).
NOTE: State Historic Preservation Office (SHPO) has advised realignment and
shortening will not have a negative impact.
Response: This is under consideration by owner.
• Jury Box – 3rd Floor Jury
The jury box is currently inaccessible. Current plans are to remove section of historic
railing to install ramp parallel to gallery railing. A wheelchair space would be added to
the elevated front row. A section of the top row would be removed to gain additional
room for the wheelchair space.
The Committee found this to be an acceptable solution to provide access while
maintaining historic materials.
• Witness Stand – 3rd Floor Jury
No changes are proposed in the current plans.
Recommendations: Consider future plans to include a modification to the historic
witness stand to widen utilizing historic materials and install lift design to provide
program access.
• ALS
Recommendations: Verify Assisted Listening System (ALS) is provided. See ALS
requirements in Item #2, Accessible Communication.
Response: ALS is not part of the General Construction Project.
6. Bathrooms
A. Women’s Bathroom – 3rd Floor
Plans include redesign of the women’s bathroom to meet accessibility requirements.
Recommendation: Door maneuvering clearance exiting the women’s restroom did
not appear to provide required 18 inches of clearance on latch side. Architect
noted that this issue has been addressed by removing stub wall next to sinks.
Verify modification is made in final design.
Response: The wing wall has been removed, providing door
maneuvering clearances.
B. Men’s & Jury Bathrooms – 3rd Floor
No changes are proposed in the current plans. The men’s
bathroom is inaccessible.
Recommendations: Consider including remodel of the
men’s bathrooms at this time. There are currently two
bathrooms serving the Third Floor Jury Deliberation
Room. The Committee proposes making one into a unisex bathroom and utilizing
the other space for the men’s remodel.
Response: The Scope of the Project does not include changes to the Men’s and Jury
bathrooms.
Recommendation for all bathrooms - The Committee urges the project coordinators to
be diligent in monitoring measurements and dimensions related to final stall, fixture
and amenities installation paying particularly close attention to reach ranges, counter
heights, and clear floor space. Close monitoring is needed to prevent construction
variances which can occur due to final finishing/tile installation.
7. Scent-Free:
Recommendations: The Committee wants to emphasis the need for public facilities to be aware
that fragrances and scents are problematic to many individuals with disabilities. Many current-
day Veterans returning from active duty are extremely sensitive to chemicals and fragrances. In
addition to construction materials, other items to carefully consider are:
• Selection of cleaning products.
• Recommend not using scent-dispensers in the bathroom. Recommend installation of
auto-flush toilet systems and motion sensor for an automatic fan.
• Consider a “scent free” policy for employees.
Local Accessibility Concerns
• Italian Gardens – There is lattice blocking the path of travel (sidewalk). The owner has been contacted
twice, but the issue hasn’t been corrected.
• Nine Bar – The owners have ordered a new door that will correct the threshold problem.
Correspondence/Announcements/ Calendar
∗ July 26th Americans with Disabilities Act Anniversary
∗ July 29th ADA Celebration, Ice Cream @ Summer Band Concert, Pioneer Park
∗ Sept 13th Volunteer Reception, Performing Arts Center, 5-7 pm (volunteer & guest invited)
∗ Dec 6th Mayor’s Holiday Party, McCrory Gardens Visitor Center, 5-7 pm
Tentative July Agenda: Outdoor Learning Center, ABLE Award Tours & Selection, Indy ADA Symposium
Report, July 29th event
Meeting adjourned at 2:56 p.m.
Submitted by Shari Thornes