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Page 8 — Property Management Quarterly — July 2021 www.crej.com Law Serving San Francisco and East Bay Area in the state of California. Nationwide Construction Permit Management & Consulting LET US MANAGE THE PERMITTING PROCESS SO YOU CAN FOCUS ON YOUR PROJECT! 888.755.2469 info@s1permits.com Experts in the Denver Metro and Front Range of Colorado. D epending on your perspec- tive, the term “accessibil- ity” can mean a wide range of potential challenges, whether you’re watching your elderly father navigate an inaccessible restroom, an employer concerned with inclusivity or an owner simply looking to prevent litigation. The issue is further com- plicated by myriad agencies both local and federal, which sound similar in their requirements, many times providing duplicate information yet sometimes with a slightly different focus or a cer- tain unique requirement. These agencies/requirements include the Department of Justice and the Americans with Disabilities Act of 1990 standards, ANSI 117.1 from the American National Standards Institute and even the Architectural Barriers Act, which are specific to federal and federally funded proj- ects, along with local jurisdictions and their adopted or amended building codes. This article will focus on the common issues and needs found in private commer- cial projects and buildings, with a focus on the most common issues and the codes and guidelines that determine the parameters for com- pliance. One common misconception is regarding vertical grab bars, which are commonly missing in exist- ing buildings. Vertical grab bars are specific to ANSI 117.1, and no diagrams or requirements are described in the ADA standards. As a nonprofit orga- nization, ANSI and the 117.1 docu- ment is a guide- line, not a man- date; therefore, there is no federal requirement for compliance. Nev- ertheless, some jurisdictions explicitly require compliance with these guidelines among a list of typical Interna- tional Code Council codes, includ- ing the International Building Code, while others implicitly require compliance during their reviews for permitting. In Colorado, as a slightly broader entity, compliance with ANSI 117.1 generally is refer- enced for housing while not listing the specific edition or year. In the latest 2017 edition of ANSI 117.1, the most notable and poten- tially problematic change is the increase in the required turning radius to 67 inches in diameter and related modifications to the required minimum dimensions of the T-shaped turn. In all cases, for an existing building, the ANSI 117.1 committee determined the potential hardships outweighed the potential benefits that could be triggered by certain renovations; therefore, the older 2009 edition requirements still are applicable for existing buildings. In both new and existing buildings, the ability to overlap the T-shaped turn at one “arm” or the larger “base” of the T-shaped turn is maintained. In terms of the IBC, although the 2017 edition of ANSI 117.1 was pub- lished about eight months prior to the publishing of the 2018 edition of the IBC, the edition of ANSI 117.1 referenced in the 2018 IBC is 2009; however, the 2021 IBC references the 2017 edition of ANSI 117.1. Other common issues and law- suits for accessibility occurring outside of the building include websites where the most recent trend in lawsuits has been specific to access for the visually impaired. In regard to physical properties, three common issues include the access aisle slope, which should be “nearly level” next to an accessible parking space and not steeper than 1:48; compliant curb ramp dimen- sions and slopes; and compliant maximum transition heights from road surfaces to sidewalks. Many times, the latter is an issue of settlement or erosion that occurs over time. A good way to think of tolerances for compliance is that if there is a range given, your proper- ty must be within the range. If only a single quantity or limit is given, there is a slight tolerance permit- ted for specific requirements. While you could argue this logic for other requirements, the reality in an example such as the distance of a toilet to a wall: 18 inches would result in a 0.5% tolerance of less than an eighth of an inch. This requirement also is part of a 16- to 18-inch range, which is strict in its requirement. Whether an area of noncompli- ance requires no cost to fix, such as moving furniture, or it is more extensive, requiring professional design and building permits, non- compliance lawsuits will require lawyer fees both to defend oneself and often to the plaintiff and their lawyer if they win; therefore, it is recommended that actions be taken to get an assessment com- pleted as soon as possible with a transition plan to address the easy, low cost and most common issues first. While most like-for-like replacements and furniture type of work, including millwork, do not require a permit, you should consult with an architect or a pro- fessional specializing in accessibil- ity analysis for a more extensive analysis and permit-ready design solutions, if necessary. These fixes can make your facility, website or interior space more accessible to the one in four U.S. adults with dis- abilities – about 61 million Ameri- cans as of August 2018 – who are potential customers, your building occupants, fellow employees and family. ▲ matt.mcmichael@cshqa.com A guide to accessibility considerations and codes Matt McMichael, AIA, NCARB, LEED AP Project architect II, CSHQA