Defining Responsibility Between the Owner and Design Professional
From time to time
we receive responses to plan review violations similar
to the following: "Not in Scope", "Owner's
Responsibility", and "Outside of Tenant Space." Its
almost certain in these cases that violations of the
Texas Accessibility Standards (TAS) were found in
areas outside the scope of work commissioned by the
owner.
When the additional work required for compliance with
TAS significantly impacts a project's budget, it can
cause delays, frustration and strained relationships.
Although the law places responsibility for compliance on
an owner, the argument is frequently made that
design professionals have the obligation to
inform their clients of code requirements that impact a
project. That's why it is important for both parties to
identify all TAS compliance items as early as possible in
the design process.
What Can Cause
Additional TAS
Requirements?
The
Texas Accessibility Standards require that when
alterations affect the usability of or access to an area
containing a "primary function", the following
five elements and spaces must also be readily
accessible to and usable by individuals with disabilities
(i.e., must also comply with TAS):
- the accessible route to
the altered area of primary function;
- parking spaces serving the
altered area of primary function;
- restrooms serving the altered area of
primary function;
- telephones serving the altered area of
primary function;
and
- drinking
fountains serving the altered area of primary
function
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Definition: Primary Function. "A major
activity for which the facility is intended. Areas that
contain a primary function include, but are not limited
to, the customer services lobby of a bank, the dining
area of a cafeteria, the meeting rooms in a conference
center, as well as offices and other work areas in which
the activities of the public accommodation, commercial
facility, or other private entity using the facility are
carried out. Mechanical rooms, boiler rooms, supply
storage rooms, employee lounges or locker rooms,
janitorial closets, entrances, corridors, and restrooms
are not areas containing a primary function."
What this means
to you...
When a
project includes alterations to an area of primary
function, the five areas noted above must also be
accessible. For example, if you are building out a
tenant space (which is a primary function area in an
office building), the restrooms, parking spaces,
accessible route, drinking fountains and telephones
serving the altered tenant space must also be made
accessible, even if these elements are on different
floors in some cases. If multiple types of an
element serve a primary function area (for example,
separate restrooms for both employees and the public),
then each type must be accessible.
The
Limitations
Normal maintenance,
reroofing, painting or wallpapering, or changes to
mechanical and electrical systems are not considered
alterations unless they affect the usability of the
building or facility. Furthermore, the additional
alterations for TAS compliance are not required to
be "disproportionate" in terms of cost or scope to the
original alterations. Generally, disproportionate is
defined as 20% of the cost of the overall alterations.
So, if the construction cost of a project is a million
dollars, one would be required to spend up
to an additional two hundred thousand dollars
for alterations to the five elements serving altered
areas of primary function.
How to Avoid
Misunderstandings
Of course,
familiarizing yourself with these requirements can help
you whether you are an owner or design
professional. Another valuable resource is Otten
Consulting Group's Unlimited Preliminary Plan Review
Service, which allows you to submit plans early in
the design process to identify additional areas that may
be triggered by TAS for compliance. Many of our
clients regularly use this
FREE service to avoid costly surprises down the
road. To expedite these preliminary reviews, one can
send just the relevant sheets electronically!
More Information
For more information, contact an Accessibility
Specialist at Otten Consulting Group. In
Houston call (713) 975-1029, in McAllen (956) 683-
9232, or toll-free in the US (800) 776-4ADA
(4232).
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week: How Special Inspections Can Save You
Money!
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About Otten Consulting Group, Inc.
OCG is a firm of Registered Accessibility Specialists for
the Texas Department of Licensing and Regulation,
authorized to review/approve plans and inspect
facilities for compliance with the Texas Accessibility
Standards. The firm has provided accessible design
consultation for more than 3000 facilities in 22 states
since 1991, and has offices in Houston (TX), McAllen
(TX), and affilates in Portland, Oregon and Inverness, Florida.
Company Website: StateReview.com
