Fall 2008: Vol. 12, No. 2 Access New England

A publication of DBTAC—New England ADA Center A project of the Institute for Human Centered Design, www.HumanCenteredDesign.org

This Issue Highlights: ADA Best Practices

CONTENTS | Project Director’s Report (page 1) | Feature Stories (pages 2-4) | EEOC Updates (page 3) | News: From The Center (pages 5, & 8-9) | Updates in State Building Codes (pages 6-7) | News: From Around The Region (pages 10-13) | Events and Announcements (page 14)

For more information 800-949-4232 voice/tty

Staff of the New England ADA Center. From left to right: Dennis Begany, Karen Murray, Ana [email protected] Julian, Oce Harrison, Kathy Gips and Ali (Karen’s service dog). www.NewEnglandADA.org DBTAC – New England ADA Center Staff

Valerie Fletcher Access New England is published three times a year Principal Investigator by DBTAC – New England ADA Center, A project of the [email protected] Institute for Human Centered Design Oce Harrison, Ed.D. The center is one of ten Regional and Business Technical Assistance Project Director Centers funded by the National Institute on Disability and Rehabilitation Research [email protected] (NIDRR) to provide information, materials and technical assistance to individuals Kathy Gips and entities that are covered by the Americans with Act (ADA). Director of Training However, please be aware that NIDRR is not responsible for enforcement of [email protected] the ADA. The information, materials and/or technical assistance are intended solely as informational guidance and are neither a determination of your legal Karen Murray responsibilities under the Act, nor binding on any agency with enforcement ADA Information Specialist responsibility under the ADA. [email protected]

Ana Julian Regional Advisory Board ADA Information Specialist [email protected] The Regional Advisory Board meets twice a year. The members’ input and commitment greatly assists the DBTAC – New England ADA Center in its mission. Gabriela Bonome-Sims Director of Administration Connecticut [email protected] Lisa Caron, ADA Coalition of Connecticut Michael Kurs, Pullman & Comley, LLC Mike DiLorenzo Candace Low, ADA Coalition of Connecticut Information Technology Administrator [email protected] Maine Dennis Begany Denis Pratt, AIA Architect, Access Design Specialist, Alpha One Project Assistant [email protected] Massachusetts Myra Berloff, Massachusetts Office on Disability Lisa Spitz Cathy Taylor, Cape Organization for Rights of the Disabled (CORD) Designer Thomas Mercier, Center [email protected] New Hampshire Carol Nadeau, New Hampshire Governor’s Commission on Disability

Rhode Island Access New England is Bob Cooper, Rhode Island Governor’s Commission on Disabilities available in large print, Vermont Braille, audiocassette, Deborah Lisi-Baker, Vermont Center for Independent Living computer disk, and email upon request and online at: www.NewEnglandADA.org

Karen Murray, Editor PROJECT DIRECTOR’S REPORT

How Will New Changes in the Americans with Disabilities Act (ADA) Impact our Lives?

New changes to the ADA will impact Among other provisions, our work, recreation and civic life. The the proposed ADA amend- first major change begins with the recent passage of the Americans with ments address: Disabilities Act Amendments Act of • Miniature golf courses, 2008 (ADAAA) (S.3406). The ADAAA • Boating facilities restores the original definition of disability found in the 1990 passage • Captioning of emergency of the ADA. What does this mean? announcements in large stadiums Highlights of the most significant • Identification of accessible hotel changes can be found on page 2. room features, and require Call us at 800-949-4232 voice/tty for guaranteed reservations of such a further explanation of the changes. rooms to the same extent as the Oce Harrison, Project Director for the DBTAC— New England ADA Center. entity guarantees reservations for Another major change to the ADA others is the proposed amendments to The New England ADA Center offers regulations issued under Title II (State • Availability of accessible seating accurate guidance and training on and Local Government) and Title in public venues, such as theaters the newly passed ADAAA and the III (Public Accommodation) of the and sports stadiums, and ticket proposed amendments to Title II and ADA. The US Department of Justice purchase by people with disabilities III of the ADA. If you have questions (DOJ) plans to finalize the proposed • The availability of auxiliary aids, about these changes, call us for changes by the end of this year. such as video interpreting services, answers. ensuring that people who are deaf When finalized and adopted, these or have limited hearing can receive Viva la Change! new regulations will establish specific and convey vital information in Oce requirements for ensuring access to medical and other settings. public facilities such as courtrooms, The proposed amended regulations We are phasing out our paper newsletter. recreation facilities, playgrounds, also emphasize the ADA Please call 800-949-4232 with your email swimming pools, amusement parks requirements for all public agencies address to receive the newsletter by email. and golf courses. and private businesses to allow the use of service animals by people with disabilities, as long as the service animal is a dog or other common domestic animal trained to perform specific tasks to assist its disabled owner.

DBTAC – New England ADA Center 8 00-9 49-4232 voice/ tty | 1 FEATURE STORY

ADA Amendments Act Becomes Law

Court decisions that have eroded the protections for people with disabilities under the ADA, restoring original Congressional intent.

Source: www.house.gov/ed_workforce/issues/ adaaa.shtml

Details of the Act includes the following:

Advocates and legislator rally together in The ADA Amendments Act impacts all Titles 1. Mitigating measures - such as support of the ADA Amendments Act of the ADA, effective as of January 1, 2009 medication, prosthetics, and other aids used to ameliorate the On Thursday morning, September dystrophy, cancer, diabetes, and effects of impairment - may not 25, 2008, President George W. Bush cerebral palsy have been determined be considered when determining signed into law: S. 3406, the “ADA to not meet the definition of disability whether a person has a disability. Amendments Act of 2008,” which under the ADA. The result: In 2004, This supersedes the Supreme clarifies and broadens the definition of plaintiffs lost 97% of ADA employment Court decisions that mitigating disability and expands the population discrimination claims that went to measures should be considered eligible for protections under the trial, often due to the interpretation when determining whether a Americans with Disabilities Act of of definition of disability. People who person’s impairment substantially 1990. In attendance for the signing are not hired or are fired because limits a major life activity. ceremony was President George H. an employer mistakenly believes 2. Ordinary glasses and contact W. Bush who signed the Americans they cannot perform the job – or lenses may be considered in with Disabilities Act in an historic because the employer does not want determining whether a person has signing ceremony in 1990 “people like that” in the workplace a disability. Employers may use a – have been denied protection from test or qualification standard based The Americans with Disabilities Act of employment discrimination due to on a job applicant’s uncorrected 1990 was intended to “provide a clear these court decisions. This was not vision only when it’s “job-related and comprehensive national mandate the intent of the ADA. and consistent with business for the elimination of discrimination necessity.” against individuals with disabilities.” The ADA Amendments Act (ADAAA) Just as other civil rights laws prohibit of 2008 is supported by a broad 3. Major life activities include, but entities from basing decisions on coalition of civil rights groups, are not limited to, caring for characteristics like race or sex, disability advocates, and employer oneself, performing manual tasks, Congress wanted the ADA to stop trade organizations. The Act rejects seeing, hearing, eating, sleeping, employers from making decisions a strict interpretation of the definition walking, standing, lifting, bending, based on disability. Unfortunately, four of disability, and makes it clear that speaking, breathing, learning, U.S. Supreme Court decisions have the ADA is intended to provide broad reading, concentrating, thinking, narrowed the definition of disability coverage to protect anyone who communicating, and working. so much that people with serious faces discrimination on the basis of 4. Major life activities also include conditions such as epilepsy, muscular disability. It overturns the Supreme the operation of a major bodily

2 | Access New England Fall 2008 EEOC UPDATES

The U.S. Equal Employment Opportunity Commission

function, including but not limited Employment and the ADA disability if it would substantially limit to, functions of the immune system, Amendments Act of 2008 a major life activity when active; normal cell growth, digestive, • Provides that an individual bowel, bladder, neurological, brain, The ADA Amendments Act of 2008 subjected to an action prohibited respiratory, circulatory, endocrine, makes important changes to the by the ADA (e.g., failure to hire) and reproductive functions. definition of the term “disability” because of an actual or perceived 5. Impairments that are episodic or by rejecting the holdings in several impairment will meet the “regarded in remission are disabilities if they Supreme Court decisions and as” definition of disability, unless the would substantially limit a major life portions of EEOC’s ADA regulations. impairment is transitory and minor; The Act retains the ADA’s basic activity when active. • Provides that individuals covered definition of “disability” as an 6. Transitory impairments are only under the “regarded as” prong impairment that substantially limits impairments that last for six months are not entitled to reasonable one or more major life activities, a or less - they do not qualify as a accommodation; and record of such an impairment, or disability and are not covered by being regarded as having such an • Emphasizes that the definition of the ADA. impairment. However, it changes the “disability” should be interpreted 7. A person who is regarded as way that these statutory terms should broadly. having a disability need not show be interpreted in several ways. Most EEOC will be evaluating the impact that his or her employer believed significantly, the Act: of these changes on its enforcement that the impairment (whether actual guidances and other publications or perceived) substantially limited a • Expands the definition of “major addressing the ADA. major life activity. life activities” by including two non-exhaustive lists: the first The ADA Amendments Act is 8. A person who is regarded as list includes many activities that effective as of January 1, 2009. substantially limited in a major the EEOC had not specifically life activity - is not entitled to a recognized previously (e.g., reading, Source: eeoc.gov reasonable accommodation. bending, and communicating); 9. In defining what constitutes the second list includes major New EEOC Publication discrimination against a person the bodily functions (e.g., “functions Addresses Performance statute replaces the phrase `with a of the immune system, normal cell and Conduct Issues Under disability because of the disability of growth, digestive, bowel, bladder, such individual’ with `on the basis neurological, brain, respiratory, the ADA of disability. circulatory, endocrine, and The EEOC has issued a DBTAC New England ADA Center reproductive functions); comprehensive question-and-answer is scheduling a national audio • States that mitigating measures guide for employers and employees conference with the key players to other than “ordinary eyeglasses addressing how the ADA applies to get more information on how these or contact lenses” shall not be a wide variety of performance and changes will play out. We’ll keep you considered in assessing whether an conduct issues. The document is informed. individual has a disability”; available on the agency’s web site at www.eeoc.gov/facts/performance- The ADA Amendments Act is effective • Clarifies that an impairment that conduct.html. as of January 1, 2009. is episodic or in remission is a

DBTAC – New England ADA Center 8 00-9 49-4232 voice/ tty | 3 FEATURE STORY

Department of Justice Proposes Changes to ADA Title II and Title III Regulations By Kathy Gips, New England ADA Center

ADA change is in the air. Not only do • Alterations that were done • People with disabilities must be we have amendments to the statute in compliance with the 1991 able to make hotel reservations with the ADA Amendments Act of Standards to create an accessible for accessible rooms in same 2008, but the Department of Justice path of travel do not need to be manner as people who don’t need is in the midst of adopting changes retrofitted to reflect changes in the accessible rooms – by telephone, to both Titles II and III of the ADA. new Standards through a third party, etc. The Department is sifting through the • Elements in existing facilities that • People with disabilities must be hundreds of comments submitted in comply with the1991 Standards do able to buy sports, music, theater response to the Notice of Proposed not need to be retrofitted to reflect tickets for accessible seating in Rulemaking. We anticipate that the changes in the new Standards as same manner as people who don’t Department will adopt the proposed part of barrier removal or program need accessible seating changes as final regulations in compliance • Tickets sale of accessible seating to January. • Small businesses meet their people without disabilities limited to readily achievable barrier removal sell out of all other seating Here’s a brief overview of obligation if they spend at least To read the proposed regulations go the some of the proposed 1% of gross revenue in tax year on to www.ada.gov/NPRM2008. barrier removal changes: • Stadium style movie theaters must To read the 2004 ADA Accessibility • Adopts the US Access Board’s have some accessible seating on Guidelines go to www.access-board. 2004 ADA Accessibility the new cross aisle (not just front and back) gov/ada-aba. Contact us with any questions at 800-949-4232 voice/tty. ADA Standards for Accessible • Service animals limited to dogs or Design other common domestic animals • New ADA Standards for Accessible - wild animals (reptiles, rabbits, Design to be used six months after horses, nonhuman primates, the regulations become effective. pigs, ferrets, etc.) not included in Before that the 1991 Standards definition must be used. • Family members and companions of hospital patients and participants We are phasing out our paper newsletter. in programs have right to effective Please call 800-949-4232 with your email communication (such as sign address to receive the newsletter by email. language interpreter so doctor can communicate with a family member who is deaf, even if the patient isn’t deaf)

4 | Access New England Fall 2008 NEWS: FROM THE CENTER

DBTAC Parent Company Changes Name and Receives Award

the innovative potential of universal design. This project complements the goals of the new UN Treaty on the Human Rights of People with Disabilities, which commits to a vision of inclusion through design.

With the case studies available anywhere anytime, someone planning to build a new school or health Friends, colleagues and well-wishers celebrate IHCD working on global case studies of center or to renovate an historic 30 years of Adaptive Environments, now the successful examples of universal design cultural facility would readily access Institute for Human Centered Design information about inclusively designed The Institute for Human- precedents. We intend the website DBTAC – New England ADA to be an ongoing resource and, Centered Design Receives Center Parent Company contingent upon funding, plan for it to NEA’s 2008 Leadership in be multi-lingual. Changes Name! Universal Design Award Categories for case studies are After 30 years, Adaptive International Web-Based health, outdoor places, transport, Environments is now the Institute commercial, education, housing, Universal Design Case Study for Human Centered Design public buildings, and historic Collection (IHCD) preservation. The Board of Directors voted The Institute for Human-Centered We intend the website to be an unanimously to complete the change Design is currently working on an ongoing resource and, contingent that has been underway for five years. unprecedented global collection upon funding, plan that it will be multi- It began with the tag-line, human of case studies that will illustrate lingual. An initial set of case studies centered design, in 2003. The public successful examples of universal/ will be on-lie this Fall. Please let us portion of Adaptive Environments – inclusive design in the built know if you want to recommend a the showroom, resource center/library environment. Initial funding for place for consideration. and lecture series – has been known the project is from the National Endowment for the Arts. These case as the Institute for Human Centered Director of Design Barbara Knecht, studies are intended for a diverse Design since the opening of the new RA, is Project Director space on Portland Street last year. audience of designers, teachers and Adaptive Environments is now moving students, clients, advocates, funders all projects and programs under the and builders from across the globe. new name. The case studies will be organized into a fully accessible and searchable To celebrate this milestone, IHCD held website. a celebration of 30 years on Thursday, October 23 at 200 Portland Street Our overarching goal is to allow in Boston. Many friends, colleagues, people around the world to build associates and well-wishers were in upon the good work of others and attendance! stimulate a sense of excitement about

DBTAC – New England ADA Center 8 00-9 49-4232 voice/ tty | 5 UPDATES IN STATE BUILDING CODES

New England States’ Architectural Accessibility Requirements

While you’re complying with the ADA Some of the states (Vermont and that swings down? The third grab Standards for Accessible Design Maine) adopted the ADA Accessibility bar makes the toilet more usable by and the seven design requirements Guidelines around the time the ADA people who are ambulatory and need in the federal Fair Housing Act keep came out in 1992 with some unique extra arm oomph getting on and off in mind that many states have their requirements. Some of the states the toilet. Connecticut also requires own requirements for architectural have adopted the International that 10% of the units in multi-family accessibility. Some of these Building Code (Connecticut, New housing be Type A not 2% as stated requirements precede the ADA and Hampshire, Rhode Island), again with in the IBC. (If you design multi-family FHA – Massachusetts’ Architectural some unique requirements housing and you don’t know what Access Board has been around since a Type A unit is call us quickly!). In 1968 (initially called the Board to Did you know that Connecticut Massachusetts a ramp must be at Facilitate the Use of Public Buildings requires three grab bars at public least 48” wide, not 36” as in the by the Physically Handicapped, the restroom toilets: one on the back ADA and all public entrances need regulations were only 16 pages). wall, one on the side wall and a third to be accessible, not just 50%. In

Where Connecticut Maine Massachusetts New Hampshire Rhode Island Vermont What International Building Code 2003 Maine Human Rights Act Title 5, Chap 337, Mass General Law Chapter 22, Section 13A International Building Code 2006 International Building Code 2006 Accessibility Standards Statute 220 VSA, Chapter 174 Connecticut ‘05 Supplement Amendments Sub-Chap 5, Public Accommodations, Sect. NH State Building Code Amendments RI Regulation SBC–1-2007 to IBC 2003 4591–4594-F 20 VSA Chapter 174, Section 2907 Accessibility Regulations of Human Rights Commission 94–348 Chap 7

Access ICC/ANSI A117.1-2003 Accessible and ADA Accessibility Guidelines w/local 521 CMR Rules & Regulations ICC/ANSI A117.1–2003 Accessible and ICC/ANSI A117.1-2003 Accessible and Vermont Access Rules (ADA Accessibility Standard Usable Buildings and Facilities exceptions that are more stringent than Massachusetts Architectural Access Board, Usable Buildings and Facilities Usable Buildings and Facilities Guidelines with additional requirements) ADAAG 01/27/06 CT ‘05 Supplement Amendments to ICC/ RI Regulation SBC–1-2007 ANSI A117.1–2003

Official Office of State Building Inspector Human Rights Commission has legislative Architectural Access Board State Building Code Review Board reviews State Building Code Commission addresses Dept Public Safety–Division of Fire Safety Department of Public Safety jurisdiction; Enforced by the State Fire and oversees, Local Building Officials access complaints in buildings and facilities Access Board Contact 800-828-7222 (in state) Marshall’s Office with mandatory plan enforce less than 1 year old 860-685-8310 617-727-0660 802-479-7561 review www.ct.gov/dps/cwp/view. www.mass.gov/aab Various numbers 401-222-3032 www.dps.state.vt.us/fire/Access.htm asp?a=2148&Q=305412 207-624-6050 HRC www.nh.gov/safety/boardsandcommissions/ www.sec.state.ri.us/resources_for/library/ 207-626-3880 Fire Marshall bldgcode/nhstatebldgcode.html frequently/bookmarks/buildingcodes www.maine.gov/mhrc/laws/index.html www.maine.gov/dps/fmo/plans/index.html

Other N/A Municipalities may adopt the Maine Model N/A Committee on Architectural Barrier- Governor’s Commission on Disabilities N/A Contact Building Code which is based on IBC 2003 Free Design Governor’s Commission on investigates/can order corrective action for ICC/ANSI A117.1 1998 but MHRA still Disability violations in buildings/facilities 1 year old+ enforced with mandatory plan review 603-271-4177 401-462-0100 www.maine.gov/legis/lawlib/buildcode.htm www.nh.gov/disability/abcommittee.html www.disabilities.ri.gov

6 | Access New England Fall 2008 Maine elevators in state facilities, residential construction. Rhode condominiums, apartment buildings Island’s amendments to their building and buildings that have places of code have child-appropriate access public accommodation must be of requirements for toilets, sinks, mirrors, sufficient size to allow the transport of controls and receptacles. In New a person on an ambulance stretcher Hampshire an 18” vertical grab bar in a fully supine position. In Vermont is required at toilets in addition to the churches, temples, mosques and back and side grab bars. other houses of worship must comply with accessibility requirements And these are just a few of the (unlike the ADA where such places Always consult state building codes differences. Always check state are exempt) and certain “visitable” requirements as well as federal regulations requirements and contact the helpful requirements apply to much agencies on the chart.

Where Connecticut Maine Massachusetts New Hampshire Rhode Island Vermont What International Building Code 2003 Maine Human Rights Act Title 5, Chap 337, Mass General Law Chapter 22, Section 13A International Building Code 2006 International Building Code 2006 Accessibility Standards Statute 220 VSA, Chapter 174 Connecticut ‘05 Supplement Amendments Sub-Chap 5, Public Accommodations, Sect. NH State Building Code Amendments RI Regulation SBC–1-2007 to IBC 2003 4591–4594-F Visitability 20 VSA Chapter 174, Section 2907 Accessibility Regulations of Human Rights Commission 94–348 Chap 7

Access ICC/ANSI A117.1-2003 Accessible and ADA Accessibility Guidelines w/local 521 CMR Rules & Regulations ICC/ANSI A117.1–2003 Accessible and ICC/ANSI A117.1-2003 Accessible and Vermont Access Rules (ADA Accessibility Standard Usable Buildings and Facilities exceptions that are more stringent than Massachusetts Architectural Access Board, Usable Buildings and Facilities Usable Buildings and Facilities Guidelines with additional requirements) ADAAG 01/27/06 CT ‘05 Supplement Amendments to ICC/ RI Regulation SBC–1-2007 ANSI A117.1–2003

Official Office of State Building Inspector Human Rights Commission has legislative Architectural Access Board State Building Code Review Board reviews State Building Code Commission addresses Dept Public Safety–Division of Fire Safety Department of Public Safety jurisdiction; Enforced by the State Fire and oversees, Local Building Officials access complaints in buildings and facilities Access Board Contact 800-828-7222 (in state) Marshall’s Office with mandatory plan enforce less than 1 year old 860-685-8310 617-727-0660 802-479-7561 review www.ct.gov/dps/cwp/view. www.mass.gov/aab Various numbers 401-222-3032 www.dps.state.vt.us/fire/Access.htm asp?a=2148&Q=305412 207-624-6050 HRC www.nh.gov/safety/boardsandcommissions/ www.sec.state.ri.us/resources_for/library/ 207-626-3880 Fire Marshall bldgcode/nhstatebldgcode.html frequently/bookmarks/buildingcodes www.maine.gov/mhrc/laws/index.html www.maine.gov/dps/fmo/plans/index.html

Other N/A Municipalities may adopt the Maine Model N/A Committee on Architectural Barrier- Governor’s Commission on Disabilities N/A Contact Building Code which is based on IBC 2003 Free Design Governor’s Commission on investigates/can order corrective action for ICC/ANSI A117.1 1998 but MHRA still Disability violations in buildings/facilities 1 year old+ enforced with mandatory plan review 603-271-4177 401-462-0100 www.maine.gov/legis/lawlib/buildcode.htm www.nh.gov/disability/abcommittee.html www.disabilities.ri.gov

DBTAC – New England ADA Center 8 00-9 49-4232 voice/ tty | 7 NEWS: FROM THE CENTER

Build Boston Workshops

Workshops by DBTAC 10:30 am – 12:00 pm and Institute for Human C33 Classroom Design for Children Centered Design Staff with Autism Spectrum Disorder Sponsored by: the Institute for Wednesday, November 19 Human Centered Design (Adaptive Environments) 3:30 – 6:00 pm Valerie Fletcher, Institute for Human This November, DBTAC— B63 ADA and MAAB Regulations: Centered Design, Boston (moderator); New England and the Untangling the Confusion Matthew S. Goodwin Ph.D., MIT Institute for Human Sponsored by: the New England ADA Media Lab, Providence; George Centered Design (Adaptive Center at Adaptive Environments Holback AIA, Cho, Benn Holback & Associates, Baltimore MD; Maura Environments), our parent Kathy Gips, Adaptive Environments, Parente IDSA, The Institute for Boston (moderator); Deborah Ryan organization, will be pre- Human Centered Design, Boston Esq., Deborah A. Ryan Associates, senting at Build Boston. South Boston; David Yanchulis, U.S. Build Boston will take place November Access Board, Washington DC 1:00 – 2:30 pm 18—20 at the Seaport World Trade C46 Healthcare design for patient Center, Boston. This premier regional 6:00 – 8:00 pm and staff safety tradeshow and convention for the Barbara Knecht RA,, The Institute design and construction industry, will B83 Accessibility Requirements in for Human Centered Design, Boston offer more than 350 exhibits and over Multi-Family Housing (moderator); Jeremy Myerson, Royal 225 workshops and other professional Jack Catlin, FAIA, LCM Architects, College of Art Helen Hamlyn Centre, development opportunities. Last year, Chicago; Kathy Gips, Adaptive London UK; Judith Waterston BSN, over 15,500 people registered for the Environments, Boston (moderator); MS, Spaulding three-day event. There is something Joshua Rucker, Adaptive for building owners/managers, Environments, Boston; Deborah Ryan architects, engineers, contractors, Esq., Deborah A. Ryan Associates, We are phasing out our paper interior designers, landscape South Boston newsletter. Please call 800-949-4232 architects and all interested people. with your email address to receive the Build Boston also provides an ideal Thursday, November 20 opportunity to earn AIA continuing- newsletter by email. education credits. 8:30 – 10:00 am C05 Streets for everyone: the São Registration Information Paulo model www.buildboston.com Chris Hart, The Institute for Human By fax: 508-759-4552 Centered Design, Boston; Gustavo By phone: 800-544-1898 Partezani, Urb2 Arquitetos, São Paulo Brazil; Lois E. L. Thibault, U.S. Access Board, Washington DC

8 | Access New England Fall 2008 New England ADA Center Technical Assistance & Training

The DBTAC-New England ADA ADA, Business and Non-Profit Center is your best bet for the most Organizations – Ensuring Access reliable, comprehensive and up-to- for Customers, Clients and date information on the ADA, ADA Consumers with Disabilities Amendments Act and the upcoming Are businesses required to provide Title II and Title III revised regulations. (and pay for) sign language interpreters Our staff provides technical assistance for people who are deaf, or is writing and training to individuals living in New New England ADA Center provides technical notes adequate? Are all restrooms in England. Call us toll-free with your assistance and training to those living in restaurants required to be accessible? questions at 800-949-4232 voice/tty, New England Are historic buildings “grandfathered” Monday-Friday from 9:00 AM-5:00 from access requirements? Can a PM. Or submit your question online at and interviews (what can and can’t be miniature horse be a service animal? www.NewEnglandADACenter.org discussed); medical exams (differing Are service animals allowed to go requirements during pre-offer, post- everywhere with a person with a offer and employment stages); disability? Through scenarios we Training Topics reasonable accommodations (request will discuss obligations to make DBTAC—New England ADA Center and response process, examples, buildings accessible, ensure that provides trainings with up-to-date undue hardship); confidentiality; communication is equally effective and information on the ADA and its direct threat/safety issues; and work modify policies and practices. We’ll implementation on specific topics or performance, behavior and conduct touch on tax credits and deductions. tailored to meet specific customer problems. Real scenarios are used to needs bring it all to life. ADA and New England States’ ADA Requirements for State and Accessibility Requirements ADA Workshops Local Governments – What You A frequent request from architects, We offer half day and full day Need to Know designers and builders is, “Give us ONE accessibility code.” Since workshops for agencies, businesses Do you know: Who is a “person with that is not going to happen, in this and organizations tailored to your a disability” under the ADA and what workshop we clarify the requirements needs. Costs vary depending on your obligations are? Whether you can for new construction, alterations, your budget. Here are a few sample require medical documentation when and buildings where no work is workshops. you get a disability related request? being performed (yes there are What are auxiliary aids and services For more information on workshops access requirements). We look at and when they need to be provided? contact Kathy Gips at: common errors, and where the state What to do if you get a request for [email protected] or regulations, the ADA and the federal a scent-free room from someone 800-949-4232. Fair Housing Act differ. If federal funds with multiple chemical sensitivity? are involved in a project we will also This workshop addresses all these ADA and Employment – A Tool discuss Section 504 requirements. questions and focuses on real life for Hiring and Job Retention We apply the regulations to specific scenarios. We clarify when something case scenarios. (Earn AIA HSW This workshop addresses the ADA is an undue burden, what is program continuing education credits). definition of disability; the ADA accessibility and when reasonable Amendments Act of 2008; alcohol modifications of policies are required. and drug use/abuse; job applications

DBTAC – New England ADA Center 8 00-9 49-4232 voice/ tty | 9 NEWS: FROM AROUND THE REGION

Best Practices in Accessibility

Maine: Transformation of Bowdoin College Residences – A Pictorial Case Study

By Denis Pratt, AIA, Architect / Access Design Specialist, Alpha One, So. Portland, Maine The advent of the Americans with Disabilities Act in the early nineties Re-grading at the Baxter House to New stair, front porch, and graded created a flurry of activity nationwide create an accessible route to the walkway to side ramp at the at most colleges and universities. new ramped entry Helmreich House on Maine Street They were now faced with trying to address those legal obligations and uncertain shortcomings in accessibility that could develop into potential discrimination allegations by the disability community, who was now empowered to demand compliance.

Bowdoin College, a private and established campus with historical roots and ambiance in Brunswick, Maine, was no exception. Faced with an aggressive adaptive re- use renovation schedule of former New ramp & stair at former enclosed Side ramp and graded walkway from fraternity houses scattered along the side porch creates a new accessible rear parking at Helmreich House. outskirts and interior of the campus, entrance to the first floor level at the college facilities management Baxter House Interior improvements include an team pro-actively rehabilitated the accessible kitchen at the residence old houses into small but modestly Interior improvements include a fully social room and two accessible upgraded residences while removing accessible unisex toilet room, wide restrooms at the first floor level. barriers and incorporating readily doorways with accessible hardware, accessible features at each of the and an accessible shower room at renovated houses to the maximum the first floor level. Two accessible extent feasible. bedrooms are located at the first floor level.

10 | Access New England Fall 2008 Graded walkway to front entry porch Originally designed by John Accessibility improvements at at McMillan House. Calvin Stevens, Quinby House the Reed House on Boody Street was substantially renovated to include a new accessible side entry Interior improvements involved incorporate accessibility features and ramp, accessible shower and substantial alterations while while respecting historic property toilet rooms at the first floor level, incorporating full elevator access to limitations. and accessible common areas, four floor levels, accessible laundry kitchen, and dining areas all located facilities, wide room doorways with A gently sloping side walkway from on the first floor level. accessible hardware, and accessible an accessible circular drive & parking shower rooms at each level. area at the front of the building Two accessible bedrooms are located provides access to a well-disguised at the first floor level. ramp structure at the left rear side of the building to an accessible side entry. Don’t forget, we are phasing out our paper Interior accessible improvements newsletter, please call our 800-949-4232 include fully accessible common to receive Access New England by email. areas, LULA access to three levels of the building, wide doorways throughout, accessible shower rooms at all levels and an accessible laundry at the basement level. Burnett House gently sloping walkway approach and integrated ramped accessible side entry

Interior improvements include accessible public restrooms and accessible shower rooms at the first floor level. Two accessible bedrooms are located at the first floor level

DBTAC – New England ADA Center 8 00-9 49-4232 voice/ tty | 11 NEWS: FROM AROUND THE REGION

Best Practices in Accessibility (Continued)

Rhode Island: The Dunkin’ and accompanying companion seats. Donuts Center — A model Each of the spaces provides an unobstructed view is happening in of Accessibility the arena. The Dunk is just one more reason to visit and enjoy Rhode Island. By Christine Rancourt, Governor’s Commission on Disability New Hampshire: Candia District Court — Best Practices in Design

In addition to the pedestrian bridges, By Wendy Beckwith, Access accessible ramps were created on the Specialist, Governor’s outside of the building as well as on Commission on Disability the inside. With regard to the latter, Construction was completed in July the ramps up from the concourse to 2008 and court activities began in the arena were regraded to conform August 2008 to the ADA. The entire facility, including a district court and a family court, The Dunkin’ Donuts Center in was designed to be completely Providence, RI recently reopened accessible. A follow-up accessibility having undergone a 3 year, 80 punch list identified just a few things million dollar renovation. The Dunk, that needed to be done, along the as is it commonly known, is a fully accessible routes to make the facility accessible, state-of-the-art, world- a resounding success. The completed class destination and entertainment project demonstrates the many ways facility. Harvey Salvas, the State ADA accessibility can be achieved without Coordinator and staff member at sacrificing aesthetics or functionality. the R.I. Governor’s Commission on Disabilities, worked with the architects and staff at the arena to ensure accessibility and compliance with the According Jim McCarville, the ADA. Executive Director of the Convention Center Authority, which purchased The Dunk is connected to the R.I. the Dunk in 2005, “we added ADA Convention Center via a pedestrian accessibility and luxury suites, both bridge just as the Convention Center of which usually makes you lose is connected the Providence Place space, but with the expansion our Mall by a pedestrian bridge. Linking seating capacity remains the same at Front façade: This view shows these the three venues through 13,000.” There are spaces available, two issues discussed during the bridges makes it easy for all visitors to depending on the type of event being accessibility site visit. The accessible move freely between them. held, for persons with mobility issues parking signs were not yet posted

12 | Access New England Fall 2008 due to indecision about the best place is raised 6 inches and reached via a to locate them and there was no ramp, the witness stand is raised 4” detectable warning at the junction of and reached via a ramp or a step, and the entrance sidewalk and the access the court recorder’s desk is level. aisle. Both items were resolved during the visit and should now be installed.

Clerk transaction counters: The accessible counter is seamless integrated into the overall series of clerks’ counters

District Court’s Judges bench: The Security at front entrance: The ramp leading to the Judges bench entrance security was designed to begins just inside the courtroom and easily accommodate a person with rises 6 inches. The ramp is screened a disability through the positioning of by a low partition at the rear of the Court Recorder’s desk area and is the security gate and by lowering the Prisoner’s toilet room: The toilet barely detectable. bailiff’s transaction counter room met all but one accessibility standard. The toilet paper dispenser was too close to the front edge of the commode and needed to be repositioned as required

District court front: In the District Court, the Judge’s bench, witness District Court witness stand: The stand and court recorder desk are witness stand can be reached via a all accessible. The Judge’s bench ramp or a 4” step

DBTAC – New England ADA Center 8 00-9 49-4232 voice/ tty | 13 Non-Profit Org. Access U.S. Postage New England PAID Boston, MA Permit #52484 Institute for Human Centered Design 200 Portland Street, Suite 1 Boston, MA 02114

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