Is ADA a Building Code?

A civil rights law was passed in 1990, the Americans with Disabilities Act (ADA) which prohibits discrimination against individuals with disabilities. The ADA included jobs, schools, transportation, and public and private places accessible to the general population. It gave civil rights protections to people with disabilities, the same protections for people of race, religion, color, sex, national origin, or age. It includes equal opportunities for people with disabilities in all public accommodations, including employment, government services, telecommunications, and transportation. Divided into five titles (or sections), the ADA relates to different areas of public life.

  • Title I Employment - Equal Employment Opportunity for Individuals with Disabilities and enforced by the U.S. Equal Employment Opportunity Commission.
  • Title II State and local government - Nondiscrimination based on Disability in State and Local Government Services and enforced by the U.S. Department of Justice.
  • Title III Public accommodation - Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities and enforced by the U.S. Department of Justice
  • Title IV Telecommunications - Allows hearing and speech disabilities to communicate over the telephone and closed captioning on federally funded public service announcements and is regulated by the Federal Communication Commission.
  • Title V Miscellaneous Provisions - provisions relating to the ADA as a whole, its relationship to other laws, state immunity, impact on insurance providers and benefits, the prohibition against retaliation and coercion, illegal use of drugs, and attorney's fees. This title also provides a list of specific conditions that are not considered disabilities.

The Americans with Disabilities Act Amendments Act or ADAAA, passed in 2008 with an effective date of January 2009, made several significant changes to the definition of "disability." These changes in the definition of disability affect all titles of the ADA.

Specifically, the ADA recognizes the importance of eliminating barriers by requiring all new or altered facilities subject to the ADA to be accessible and usable by people with disabilities. Covered organizations must comply with the Department's ADA regulations, including the ADA Standards for Accessible Design.

State or local authorities having jurisdiction (AHJ) enforce building codes thru plan reviews and inspections, ultimately issuing occupancy permits. A more traditional method of civil rights enforcement through litigation in federal courts is the method used by the ADA. AHJ does not have the authority to enforce the ADA on behalf of the federal government.

The ADA authorizes the Department of Justice (DOJ) upon request of state or local officials to certify that AHJ accessibility laws meet or exceed the requirements of the ADA. This process facilitates compliance with all applicable laws and mitigates any tensions between federal and local AHJ. The certification neither delegates ADA enforcement authority nor eliminates an individual's right to seek relief through the federal courts. Effective enforcement by the AHJ of certified code can mitigate the need for federal enforcement by ensuring that new or altered buildings are accessible. The local DOJ certification gives building owners and design professionals assurance that the ADA requirements will be satisfied in advance and offers evidence of compliance.

Construction that must comply with the ADA Standards may also be required to comply with accessibility requirements established under state or local laws. With thousands of local jurisdictions in the United States that adopt or enforce building codes, some codes also include accessibility requirements. Most state codes are based on ICC models, and there can be significant variations among the state and local code requirements. Under state and local codes, design and construction comply with the ADA only when they meet or exceed ADA requirements. The burden falls on the building owners or design professionals to ensure compliance with state and federal laws.

While many of the components of the ADA or ADASAD are incorporated into building codes, the ADA is not a code but an accessibility standard. The International Building Code (IBC) is a model code adopted and applies to new construction. Older and existing structures are not exempt from the provisions of the ADA, with numerous civil suits for discrimination that having been filed.

ADA Handrail Extensions

https://www.access-board.gov/ada/guides/

ADA Stair Handrail Guidelines

The ADA defines handrails are required on stairs with two or more risers to provide guidance. All Egress routes, including a stair with a single riser, require compliance. There are nine essential stair handrail requirements to follow.

  1. Handrails are typically required to be on both sides of a set of stairs.
  2. Handrails must be at a consistent height, between 34 to 38 inches from the walking surface.
  3. Handrails must be continuous and uninterrupted by railing posts, switchbacks, or other obstructions along the top or sides.
  4. The handrail will be free of any sharp or abrasive elements.
  5. The minimum radius of 1/8 inch for all edge surfaces.
  6. Handrails must have a clearance of 1-½ inches between the gripping surface and adjacent surfaces.
  7. The handrail will continue beyond the bottom riser by 12 inches at the same slop as the stairs.
  8. The handrail must return into a wall, guard, post, or landing on both ends.
  9. The gripping surface of a handrail hand has a perimeter between 1 1/4 to 1 1/2 inches, with exceptions for shapes that provide an equivalent surface.

ADA Stair Handrails Plan

https://www.access-board.gov/ada/guides/chapter-5-stairways/

ADA Ramp Handrail Guidelines

The ADA defines handrails are required when a slope greater than 1:20, must have a minimum of a 5′ x 5′ flat surface on the top and bottom, and does not extend more than 30 feet without rest or turn platform. There are exceptions for handrails on assembly ramps, including ballparks or theaters, allowing seating access and permitting crossing sections within aisles. There are nine essential ramp handrail requirements to follow.

There are nine essential handrail requirements to follow.

  1. Railings are typically required to be on both sides of a Ramp.
  2. Handrails must be at a consistent height and located between 34 to 38 inches from the walking surface.
  3. Railings must be continuous and uninterrupted by railing posts, switchbacks, or other obstructions along the top or sides.
  4. The handrail must extend 12 inches beyond the top and bottom segment of a ramp and be parallel with the walking surface.
  5. Handrails must have a clearance of 1-½ inches between the gripping surface and adjacent surfaces.
  6. The handrail will be free of any sharp or abrasive elements.
  7. The minimum radius of 1/8 inch for all edge surfaces.
  8. The gripping surface has a perimeter between 1 1/4 to 1 1/2 inches, with exceptions for shapes that provide an equivalent surface.
  9. The handrail must return into a wall, guard, post, or landing on both ends.

ada ramp handrail guidelines

https://www.access-board.gov/ada/guides/chapter-4-ramps-and-curb-ramps/