JUL 22 1994 Mr. Gene Colin Chair State Building Code Council State of Washington 906 Columbia Street SW P.O. Box 48300 Olympia, Washington 98504-8300 Dear Mr. Colin: Thank you for your supplemental submissions of August 20, 1993, and March 23, 1994, in support of your request for certification that the Washington State Regulations for Barrier Free Design (WSR), as adopted on November 8, 1991, and amended on November 13, 1992, meet or exceed the new construction and alterations requirements of title III of the Americans with Disabilities Act (ADA). We greatly appreciate your thorough responses to our initial review of the WSR. We are still awaiting written confirmation from your staff of the legal effect of the State Building Code Council's (Council) "interpretations" of the WSR, and without such confirmation we are unable to issue a preliminary determination regarding certification. However, in order to avoid any unnecessary delay, we have proceeded to review the WSR and the additional information, explanations, interpretations, and amendments provided in your recent submissions. Our analysis of the material you have submitted is discussed in detail in the attached side-by-side comparison. That analysis addresses only the issues raised in our initial response to your certification request and those raised by the 1992 amendments to the WSR. For each issue, the side-by-side comparison contains the relevant ADA provision in the left column, the WSR provision, with any amendments, in the center column, and the Department's original (May 1993) comment in the right column. Following that, the comparison provides, in the center column, the Council's cc: Records; Chrono; Wodatch; Blizard; Hill; FOIA \udd\hille\wash\final.mem 01-03192 - 2 - "comment" (italicized) and, in the right column, our response (underlined and bracketed) to the Council's comment. Following that, the analysis provides, in the center column, any interpretation (italicized and underlined) issued by the Council to address the issue, and, in the right column, our response (underlined and bracketed) to the interpretation. Based on this analysis, we have determined that in only a very few areas does the WSR not meet or exceed the relevant requirements of title III of the ADA. Therefore, upon correction of these few remaining problems, we propose to recommend that the Assistant Attorney General issue a preliminary determination of equivalency pursuant to 42 U.S.C. S 12188(b)(1)(A)(ii) and 28 C.F.R. SS 36.601 et seq. The remaining areas of nonequivalency are discussed below and noted in the right column of the side-by-side analysis in underlined and bracketed text. Many of these issues may be addressed through further interpretations of the WSR. A few others may require amendments to the WSR. A number of items that do not necessarily pose obstacles to certification require further discussion: 1) A number of items that are addressed by the ADA Standards for Accessible Design (ADA Standards), 28 C.F.R. Part 36 Appendix A, are not addressed by the WSR, including limited- flow toilet paper dispensers (Standard 4.16.6), telephone books (Standard 4.31.7), and audible alarms (Standard 4.28.2). These omissions from the WSR are based, in part, on the difficulty of regulating such items at the pre-construction/pre-occupancy stage. Because the omissions are limited to such "non-code" items, they will not prevent certification. Rather, the certification determination will not apply to those omitted items at all. Therefore, if such equipment is installed in a building, the certification determination will not constitute evidence of ADA compliance with respect to such equipment. 28 C.F.R. S36.607(a)(1). This limitation of the certification determination should be noted in any publication of the WSR if certification is issued. 2) The certification determination will be limited to the version of the WSR, including the amendments and interpretations, that has been submitted to the Department. The certification determination will not apply to amendments or interpretations that have not been submitted to and reviewed by the Department. This limitation should be noted in any publication of the WSR if certification is issued. In addition, any future uncertified amendments should be distinguished from the certified version of the WSR. Finally, because the certification determination will be based, in part, on official interpretations of the WSR, those 01-03193 - 3 - interpretations should be made public and published together with the WSR. 3) The certification determination will not apply to waivers granted under the WSR by local building officials. 56 Fed. Reg. 35592 (July 26, 1991), 28 C.F.R. Part 36, Appendix B. Therefore, if a builder receives a waiver, modification, variance, or other exemption from the requirements of the WSR for any element of construction or alterations, the certification determination will not constitute evidence of ADA compliance with respect to that element. Examples of such waiver provisions include WAC S 51-20-3101(e) (allowing modifications where full compliance is impractical), WAC S 51-20-3113 and S 51-20-3114 (allowing modifications when full compliance would threaten or destroy the historic value of a historic building), and WAC S 51- 20-3112(a)(2) (allowing a 20% cost limit on provision of access in the path of travel to altered primary function areas). This limitation of the certification determination should be noted in any publication of the WSR if certification is issued. 4) The WSR relies on building classifications that differ from those used by the ADA. This will not prevent certification of the WSR because the effects of these differences on accessibility have been substantially eliminated by the Council's interpretations. It should be made clear to building code enforcement officials that the WSR's general classifications should be applied flexibly in the context of accessibility to ensure full ADA compliance. 5) The Appendix to the WSR contains the "U.S. Architectural and Barriers Compliance Board Americans with Disabilities Act Guidelines for Automated Teller Machines," WAC S 51-20-93120. These provisions contain the former ADA Standards for ATMS. On January 18, 1994, however, the Department amended the ADA Standards regarding ATMs. The amended version is enclosed. The WSR Appendix, therefore, should be amended to reflect the current ADA Standards. 6) The WSR does not address transportation facilities. The ADA provides special accessibility requirements for such facilities (by amendment dated January 18, 1994, enclosed). This difference between the WSR and ADA will not prevent certification. However, the certification determination will not apply to any elements in transportation facilities that are subject to section 10 of the ADA Standards and, therefore, will not constitute evidence of ADA compliance with respect to such elements. This limitation on the certification determination should be noted in any publication of the WSR if certification is issued. If the Council were to adopt accessibility requirements for transportation facilities, those requirements could be submitted to the Department for certification at a later date. 01-03194 - 4 - The following issues need to be corrected before a certification determination can be issued (page references are to the side-by-side comparison): 1) Maneuvering clearances at doors (Standard 4.13.6, p. 77). The WSR fails to address the different requirements for different approaches to doors (i.e., hinge-side and latch-side). Instead, the code addresses only front approaches, assuming that providing the maneuvering clearance required for front approach will be sufficient, even if a side approach is required. This assumption is not valid. The size, shape, and placement of maneuvering clearances must change when the approach changes. Nor is it always possible to provide a front approach. In addition, the WSR assumes that the size of the maneuvering space is the only important factor. To the contrary, the shape and placement of the maneuvering space are also essential. In order to meet the ADA Standard, the WSR will need to be amended to provide the different space configurations needed for different approaches. 2) Grab bars (Standard 4.16.4, p. 86). The WSR does not correctly address all aspects of the required placement of grab bars at water closets. The WSR fails to require side grab bars to begin no more than 12 inches from the back wall and to extend at least 54 inches from the back wall (WSR would require only extension to 48 inches from the back wall). This extension is necessary for people who need to reach far forward to pull to a standing position. The WSR also fails to require back grab bars to extend at least 12 inches beyond the center of the water closet and at least 24 inches toward the open side of the water closet. This placement is necessary to allow a diagonal transfer to the toilet when needed. An amendment will be necessary to meet the ADA Standard. 3) Food service shelves (Standard 5.5, p. 108). The WSR generally requires at least one shelf to be accessible. However, for food service lines, the ADA requires 50% of shelves to be accessible. The Council has issued an interpretation purporting to require 50% to be accessible. However, because this interpretation contradicts the code provision, the "interpretation" approach fails to provide appropriate guidance of the requirement. An amendment to the WSR is needed here. 4) Tableware and condiment areas (Standard 5.6, p. 109). The WSR provision references another code provision. However, the reference is erroneous. The Council has issued an interpretation directing readers to the correct provision. However, simply issuing an interpretation does not provide effective notice of the change and does not effectively correct the error in the code. 01-03195 - 5 - 5) Elements in showers and bathtubs: a) Shower seats (Standard 4.21.3, p. 92). The WSR fails to require that shower seats be L-shaped. The L shape permits people to sit in the corner of the shower and use both walls for support. b) Shower controls (Standard 4.21.5, p. 93). The WSR addresses placement of shower controls only in an interpretation. That interpretation fails to specify that such controls must be located at specific points on the wall, but, instead, simply requires them to be offset. Offsetting controls is not sufficient to ensure that they are always reachable. If a shower were built to the minimum accessibility requirements, offsetting may be acceptable, but if a shower were built larger than the minimum, offset controls may not be reachable. c) Bathtub controls (Standard 4.20.5, p. 90). The WSR requires bathtub controls to be placed no more than 24 inches from the clear side of the tub. The ADA requires them to be offset between the midpoint of the tub and the outer edge. Although in very wide tubs (over 48 inches), the Washington requirement may exceed the ADA requirement, in standard tubs the ADA provision is better, because the midpoint of the tub will likely be 15-16 inches from the edge. d) Clear floor space (Standard 4.21.2, p. 91). The WSR does not require the clear floor space at a transfer shower to extend 12 inches beyond the seat wall, as ADA Figure 35 does. This space is necessary to allow a wheelchair to be placed to permit transfer without obstructing the seat. 6) Parking at medical care facilities (Standard 4.1.2(5), p. 26). The ADA requires accessible parking in increased percentages at medical care facilities - 10% at outpatient facilities and 20% at (inpatient and outpatient) facilities that specialize in mobility impairments. The WSR requires 10% at all outpatient facilities and doctors' offices and 20% only at inpatient mobility-specialty facilities. Thus, outpatient mobility specialists are required to provide 20% accessible parking under the ADA, but only 10% under the WSR. The WSR requires provision of 10% accessible spaces at physicians' offices; the ADA does not. However, outpatient mobility specialists create the greatest need for accessible parking, while physicians' offices create a lesser such need. Although the WSR approach may result in a larger total number of accessible spaces in the State of Washington, the spaces will be not be placed where they are most needed. 7) Elevator exception (Standard 4.1.3(5), p. 28; see also pp. 21 and 24). The ADA provides that, generally, no elevator is 01-03196 - 6 - required in multi-story buildings (1) that are less than three stories or (2) that have less than 3000 square feet per story. The comparable WSR provision provides an exception to the general requirement to install an elevator for "floors above and below accessible levels that have areas of less than 3000 square feet per floor." S 51-20-3103(b)(2). This language is ambiguous because it is not clear that all floors must be less than 3000 square feet (not just the accessible floor). This language raises the possibility that if one floor is accessible and has less than 3000 square feet, the Washington code would allow all other floors to have no elevator access, regardless of the size of the floors. Although the WSR exceeds the ADA in that it does not extend the elevator exception to most two-story buildings, this is not sufficient to make up for the nonequivalency of the exception for small floors. 8) Alterations. Because the WSR requires all routes in new construction to be accessible, a number of the ADA Standards' requirements that items be placed on an accessible route are superfluous in the context of new construction under WSR. However, such requirements are necessary under WSR for alterations, where not all routes may be accessible: a) Protruding objects (Standard 4.1.2(3), p. 25; Standard 4.4, p. 58). The WSR provision regarding protruding objects limits protrusions into an "accessible route of travel, corridor, pathway, or aisle." S 51-20-3106(e). This appears to apply only to routes that are accessible to people who use wheelchairs. However, the ADA protrusion limits serve primarily people with vision impairments. Therefore, protrusions cannot be allowed in any route. b) Self-service shelves (Standard 5.5, p. 108). The WSR was amended to remove the requirement that self-service shelves be on an accessible route. 9) Unisex toilet rooms (Standard 4.1.6(3)(e), p. 48). The WSR fails to require that, when a unisex toilet room is installed in alterations, it must be placed in the same area as the existing toilet facilities. 10) Companion seating (Standard 4.33.3, p. 104). The WSR fails to require companion seats to be adjacent to accessible seats. The Council states that the code's requirement that accessible seating be "an integral part of any fixed seating plan" is sufficient. However, it is not clear that "integral" means that every accessible seat must be next to a companion seat. That meaning needs to be made more clear. 1-03197 - 7 - 11) Location of lavatories: a) Water closets (Standard 4.16.2, p. 85). The WSR allows a lavatory to be installed in the clear floor space at a water closet. The ADA does not permit such a lavatory if the water closet is in a stall. The Council responded to this issue by stating that a lavatory could not be put in a stall because such a lavatory would reduce the required width of the stall. The reasoning behind this statement is unclear and needs to be explained. b) Bathtubs (Standard 4.20.2, p. 88). The WSR fails to specify that, if a lavatory is placed in the clear floor space of a bathtub, it can never be placed at the end of the tub where the seat is located, but may only be placed at the control end of the tub. 12) Diagonal curb ramps (Standard 4.7.10, p. 63). The ADA provides special standards for diagonal curb ramps; the WSR does not. The Council argues that it is not necessary to address diagonal curb ramps because they are rarely used in private development. The WSR would require such ramps to be accessible if they were in an accessible route. However, the standards for accessibility would be the same as that for curb ramps generally. Therefore, the bottom of the ramp would not be required to have 48 inches of clear space. This clear space limitation is necessary at diagonal ramps to allow people to maneuver out of the intersection. In addition, 24 inches of straight curb on either side would not be required if the ramp had flared sides. This straight space is needed to lessen foot traffic on diagonal ramps. 13) Tactile signage (Standard 4.30.4, p. 101). The WSR technical requirements for raised characters have been amended. The amendment has removed the requirement that such characters be in simple typeface. Therefore, the amended code is not equivalent to the ADA. 14) Knee clearance at tables (Standard 4.32.3, p. 103). The WSR fails to require that knee clearance be at least 19 inches deep at tables and counters. 15) Transient lodging (Standard 9.2.2(6), p. 116). The WSR does not specifically require carports that serve accessible hotel rooms to be accessible. It only addresses such facilities if they serve type A (residential) dwelling units. We understand from your letter of March 23, 1994, that the Council is currently in the process of updating the WSR and we hope that our analysis will be helpful in that effort. Our staff would also be happy to meet with Council representatives to answer any questions that you may have about our analysis. 01-03198 - 8 - Our offices have worked diligently together over a long period of time and we stand on the threshhold of achieving the nation's first ADA-certified State code. Almost all of our work is done. I hope that we can reach agreement on the few remaining issues. We look forward to recommending certification of the WSR as soon as the remaining issues can be resolved. If you have any questions concerning this letter, please call Eve Hill at (202) 307-0663. Sincerely, John L. Wodatch Chief Public Access Section Enclosures: Side-by-side comparison Regulations Regarding ATMs and Transportation Facilities cc: Mr. Lawrence W. Roffee Executive Director U.S. Architectural & Transportation Barriers Compliance Board 01-03199 ADA Requirements 1. Purpose. This document sets guidelines for accessibility to places of public accommodation and commercial facilities by individuals with disabilities. These guidelines are to be applied during the design, construction, and alteration of such buildings and facilities to the extent required by regulations issued by Federal agencies, including the Department of Justice, under the Americans with Disabilities Act of 1990. The technical specifications 4.2 through 4.35 of these guidelines are the same as those of the American National Standard Institute's document A117.1-1980, except as noted in this text by italics. However, sections 4.1.1 through 4.1.7 and sections 5 through 10 are different from ANSI A117.1 in their entirety and are printed in standard type. The illustrations and text of ANSI A117.1 are reproduced with permission from the American National Standards Institute. Copies of the standard may be purchased from the American National Standards Institute at 1430 Broadway, New York, New York 10018. Washington State Regulations 51-20-002 Purpose. The purpose of these rules is to implement the provisions of chapter 19.27 RCW, which provides that the state building code council shall maintain the State Building Code in a status which is consistent with the purpose as set forth in RCW 19.27.020. In maintaining the codes the council shall regularly review updated versions of the codes adopted under the act, and other pertinent information, and shall amend the codes as deemed appropriate by the Council. RCW 19-27-020 (5). To provide for standards and specifications for making buildings and facilities accessible to and usable by physically disabled persons. 51-20-003 Uniform Building Code. The 1991 edition of the Uniform Building Code as published by the International Conference of Building Officials and available from the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601 is hereby adopted by reference with the following additions, deletions, and exceptions. 41-20-005 Uniform Building Code Requirements for Barrier- Free Accessibility. Chapter 31 and other Uniform Build Code requirements for barrier-free access are adopted pursuant to chapters 70.92 and 19.27 RCW. Commentary E - Equivalent NE - Not equivalent to ADA provisions PNE - Possibly/potentially not equivalent to ADA provisions Strike through = material deleted since prior DOJ review [Underline] = material added since prior DOJ review Italic = Washington response to DOJ comments ADA/Washington State July 12, 1994 01-03200 1. Purpose, continued. Pursuant to RCW 19.27.040, Chapter 31 and requirements affecting barrier-free access in Sections 3304 (b), 3304 (h), 3306 (g) and 3306 (i) shall not be amended by local governments. In case of conflict with other provisions of this code, chapter 31 and requirements affecting barrier-free access in Sections 3304 (b), 3304 (h), 3306 (g), and 3306 (i) shall govern. 51-20-3101 Scope. (a) General. Buildings or portions of buildings shall be accessible to persons with disabilities as required by this chapter. Chapter 31 has been amended to comply with the Federal Fair Housing Act (FFHA) Guidelines as published by the U.S. Department of Housing and Urban Development (March 1991) and the Americans with Disabilities Act (ADA) Guidelines as published by the Architectural and Transportation Barriers Compliance Board and the Department of Justice (July 1991). Reference is made to appendix Chapter 31 for FFHA and ADA requirements not regulated by this chapter. (b) Design. The design and construction of accessible building elements shall be in accordance with this chapter. For a building, structure, or building element to be considered to be accessible, it shall be designed and constructed to the minimum provisions of this chapter. 51-20-3102 Person with Disability is an individual who has an impairment, including a mobility, sensory, or cognitive impairment, which results in a functional limitation in access to and use of a building or facility. 2 ADA/Washington State July 12, 1994 01-03201 Comment: Issue 1. It is acknowledged that the purpose of the ADA is a civil rights law designed to prohibit discrimination against persons with disabilities as defined in the Act and its regulations. It is further recognized that the ADA regulations attempt to provide for compliance with the act through regulations affecting policies and procedures as well as construction. The Washington Barrier-free facilities regulations are only construction regulations. The State Building Code Council is granted authority to promulgate accessibility construction standards under Chapter 70-92 of the Revised Code of Washington (RCW). The WAC process is similar to the federal regulatory process. Through the WAC process legislation is clarified and rules for enforcement are established. The Council can expand coverage in the adoption of the WAC as long as it isn't conflicting with the RCW. The provision of concern in the analysis is a provision of the RCW as adopted in 1973. The WAC is broader in application. Review of the scope and purpose statements found in Sec. 3101 will not reveal similar language limiting application to the "physically handicapped." Also to be taken into consideration is the adopted definition of "person with disability" found in Sec. 3102 which reads: "person with disability is an individual who has an impairment, including a mobility, sensory, or cognitive impairment, which results in a functional limitation in access to and use of a building or facility." The Washington regulations were written to incorporate the standards for new construction and alteration contained in the Title III regulations of ADA. As such, the intent of the Washington regulations is to "protect" persons with disabilities as well as they are "protected" by the ADAAG, regardless of there [sic] specific type of disability. While the "stated" purpose may not be identical, the net result is the same, construction and alteration of buildings to be accessible. [E. Section 3102 does seem to include all disabilities that are affected by building construction. Therefore, the substantive coverage is equivalent.] 3 ADA/Washington State July 12, 1994 01-03202 Assembly Area. A room or space accommodating a group of individuals for recreational, educational, political, social, or amusement purposes, or for the consumption of food and drink. Chapter 4 Definitions and Abbreviations Section 402. Assembly Building is a building or portion of a building used for the gathering together of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining or awaiting transportation. Comment: Issue 2. The Uniform Building Code treats small assembly spaces as part of the major occupancy of the building. Most of these are Business (B) or Education (E) occupancies. For example, a small restaurant, is a B-2 occupancy. A small conference room in an office building is a B-2 occupancy. A classroom at a university or private or technical college is a B-2. A classroom at a grade school or high school will either be a E-1 or E-2. Anticipating this difference, the requirement for assistive listening systems is specifically referenced in the requirements for B and E occupancies (Sec. 3103(a)3 and 4, respectively). In addition the regulation on fixed seats and tables which you might find in a small restaurant is a general requirement contained in Sec. 3105(d)5. Since the exception to allow a portion of seats in a restaurant to be located in an inaccessible mezzanine applies only to A occupancies in the Washington regulations, it could not be used in smaller assembly spaces. In this regard the WSR code provides greater accessibility than ADA. Not clearly referenced for small assembly spaces are the requirements for wheelchair spaces. The code does require each space, including such small assembly spaces to be accessible. We believe that assembly spaces where the total occupant load is less than 50 which also have fixed seats are fairly rare. The most likely location would be in some classrooms. In order to clarify the application of the code to these circumstances, the Council has issued Interpretation No. 93-32. It should be noted that the Washington Code requires distribution of wheelchair locations in all assembly occupancies, even those with fewer than 300 fixed seats. On balance we believe that the total set of regulations of assembly areas is equivalent. 4 ADA/Washington State July 12, 1994 01-03203 Dwelling Unit. A single unit which provides a kitchen or food preparation area, in addition to rooms and spaces for living, bathing, sleeping, and the like. Dwelling units include a single family home or a townhouse used as a transient group home; an apartment building used as a shelter; guestrooms in a hotel that provide sleeping accommodations and food preparation areas; and other similar facilities used on a transient basis. For purposes of these guidelines, use of the term "Dwelling Unit" does not imply the unit is used as a residence. Interpretation 93-32. Question: Are wheelchair spaces required in assembly areas which are not assembly occupancies, specifically assembly spaces with fixed seats and an occupant load of less than 50? Answer: Yes. The intent of the code, as provided in Sec. 3101(a), is to provide standards equivalent to the ADA Accessibility Guidelines. Regardless of occupancy classification, for assembly areas of 4 to 25 seats, one wheelchair location is required, for areas of 26 to 50 seats, two wheelchair locations are required. (See Table 31-A). Sec. 405 D. Dwelling Unit is any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for 10 or less persons. Dwelling Unit, Type A is an accessible dwelling unit that is designed and constructed [in accordance with this chapter] to provide greater accessibility than a Type B dwelling unit. (Type A dwelling units constructed in accordance with this Chapter also meet the design standards for Type B dwelling units.) Dwelling Unit, Type B is an accessible dwelling unit that is designed and constructed [in accordance with this chapter.] [(Type B Dwelling Unit Standards are based on] the U.S. Department of Housing and Urban Development [(HUD)] Federal Fair Housing Act Accessibility Guidelines.[)] Single-Story Dwelling Unit is a dwelling unit with all finished living spaces located on one floor. Multistory Dwelling Unit is a dwelling unit with finished living space located on one floor, and the floor or floors immediately above or below it. [E. when read together with Table 31-A and S 3105.] 5 ADA/Washington State July 12, 1994 01-03204 Mezzanine or Mezzanine Floor. That portion of a story which is an intermediate floor level placed within the story and having occupiable space above and below its floor. Primary Entry[ance] is a principal entrance through which most people enter the building. A building may have more than one primary entry. Primary Entry[ance] Level is the floor or level of the building on which the primary entry is located. Comment: Issue 4. The 1992/93 amendments changed the term entry to entrance in all locations to eliminate this possible difference between ADA and Washington. [See page 599b of the Published Code.] The intent is the same and training being provided around the State includes the ADA concept of entrances. Chapter 4 Definitions and Abbreviations Section 414 Mezzanine or Mezzanine Floor is an intermediate floor placed within a room. Comment: Issue 5. ADA and Washington definitions are very similar. The ADA differentiation between mezzanine and raised or lowered floor area does not occur in the ADA definition, but must be discovered by combining the various provisions in Section 5. Similarly, the limitations on mezzanine design are found in Section 1717 of the UBC and Washington Code (attached). The key regulation is that the "clear height above and below the mezzanine floor construction shall not be less than 7 feet." It is clear from UBC that more than a simple raised or lowered area must be provided to be considered a mezzanine. This is clearer than the ADA which does not succinctly distinguish when a raised area becomes an intermediate floor level. Chapter 4, Section 408 Grade (Adjacent Ground Elevation) is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. [E.] [E.] 8 ADA/Washington State July 12, 1994 01-03205 Comment: Issue 3. The analysis has confused the application of the phrase of "for 10 or less persons" contained in the UBC definition as applying to the whole definition. In[sic] only applies to congregate residences of 10 or less persons as being included in the definition of a "dwelling unit." Congregate residences of larger than 10 persons are treated differently in the UBC. The ADA definitions of dwelling unit is at odds with the definition of dwelling unit used in almost all building and zoning codes by indicating a dwelling unit is used as transient lodging. This definitional difference has no effect on the accessibility requirements as applied in the Washington Code. In order to give assistance to local building officials in applying the Washington Code in these cases, the Council has issued Interpretation No. 93-39. 6 ADA/Washington State July 12, 1994 01-03206 Entrance. Any access point to a building or portion of a building or facility used for the purpose of entering. An entrance includes the approach walk, the vertical access leading to the entrance platform, the entrance platform itself, vestibules if provided, the entry door(s) or gate(s), and the hardware of the entry door(s) or gate(s). Interpretation 93-39: Question: For purposes of accessibility requirements of Chapter 31, how should buildings such as homeless shelters, halfway houses, transient group homes, and similar social service establishments where people may sleep or temporarily reside be classified? Similarly, how should apartments or condominium complexes be classified where some or all of the units are rented to short term quests. Answer: The intent of the code, as provided in Sec. 3101(a), is to provide standards equivalent with the ADA Accessibility Guidelines. For the purpose of determining accessibility requirements per Chapter 31, uses such as homeless shelters, halfway houses, transient group homes, and similar facilities should be reviewed on a case by case basis. While these uses are "residential" in nature, if the residents are considered transient, classification as R-1 hotel, or R-3 lodging house is more appropriate. Some may need to be classified either in an I (Institutional) or B (Business) category. If services are provided at the site such as job or health counseling, classification should be in a category which requires accessibility. These uses should not be categorized as congregate residence when the residents are essentially transient. Apartments or condominiums which are rented on a short term basis to transient guests should be categorized as either a Group R-1, hotel, or Group R-3 lodging house with appropriate accessibility provided. [E.] 7 ADA/Washington State July 12, 1994 01-03207 Ground Floor. Any occupiable floor less than one story above or below grade with direct access to grade. A building or facility always has at least one ground floor and may have more than one ground floor as where a split level entrance has been provided for where a building is built into a hillside. Story. That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. If such portion of a building does not include occupiable space, it is not considered a story for purposes of these guidelines. There may be more than one floor level within a story as in the case of a mezzanine or mezzanines. 51-20-0407 Section 407 Floor Area is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Ground Floor is any occupiable floor less than one story above or below grade with direct access to grade. A building may have more than one ground floor. 51-20-0420 Section 420 Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story. 51-20-0320 Section 420 Story. First is the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet below grade, as defined herein, at any point. 9 ADA/Washington State July 12, 1994 01-03208 Comment: Issue 6. The term "story" in the UBC serves more specific purposes than the term does in ADA and therefore the definition is more specific. The UBC limits types of construction (wood vs concrete vs steel) based on the number of stories. The UBC also limits certain occupancies (uses) are limited to 1st stories. These examples show the importance of knowing exactly what a story is. There is no effect on accessibility as regulated in Washington since all stories and basements must be accessible (with the limited exception of not providing elevator access to some small stories). [E. The potential problem here is that a building might be built with one or more floors below ground (for parking) and only one floor above ground. Under this definition, the below-ground floors would not be considered a "story". Thus, this would be considered a one-story building and no elevator would be required. However, the Washington accessibility provisions do not exempt a basement from accessibility requirements, even if it is not a "story", so a builder would be required to provide an accessible entrance and an accessible route to all parts of the building.] 10 ADA/Washington State July 12, 1994 01-03209 Transient Lodging. A building, facility, or portion thereof, excluding inpatient medical care facilities, that contains one or more dwelling units or sleeping accommodations. Transient lodging may include, but is not limited to, resorts, group homes, hotels, motels, and dormitories. DOJ 36.104(1). An inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor. 51-20-0404 Section 404 Congregate Residence is any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses. Chapter 4, Section 413 Lodging House is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. 51-20-0409 Section 409 Hotel is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. 51-20-0409 Section 409 Motel is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. (See definition of Hotel) 51-20-1201 Group R. Occupancies Defined. Group R Occupancies shall be: Division 1. Hotels and apartment houses. Congregate residence (each accommodating more than 10 persons) Division 2. Not used. Division 3. Dwellings, family child day care homes and lodging houses. Congregate residences (each accommodating 10 persons or less). 11 ADA/Washington State July 12, 1994 01-03210 Comment: Issue 7. (See also Issue No. 19) ADA defines terms to clarify which activities are regulated for accessibility. UBC defines terms to distinguish how buildings must be constructed, safely occupied and exited. The UBC does not use the term transient directly but it is a factor in all the regulations which distinguish a hotel from and[sic] an apartment building. A careful review and understanding of Chapters 12 and 33 of the UBC clarifies this approach. Every activity someone wishes to conduct in a building must fall in one of the UBC occupancy categories. If it is not specifically listed, the building official must categorize it as being similar to one of those listed and regulate it accordingly. See Section 501 of the UBC (attached). Thus any facility providing residential services on a transient basis will be categorized either as a hotel or lodging house by the building official and accessibility will be required at that change [sic] of occupancy. In order to assist local building officials address this potential concern, the Council has issued Interpretation No. 93-39. 12 ADA/Washington State July 12, 1994 01-03211 Interpretation 93-39. Question: For purposes of accessibility requirements of Chapter 31, how should buildings such as homeless shelters, halfway houses, transient group homes, and similar social service establishments where people may sleep or temporarily reside be classified? Similarly, how should apartments or condominium complexes be classified where some or all of the units are rented to short term quests. Answer: The intent of the code, as provided in Sec. 3101(a), is to provide standards equivalent with the ADA Accessibility Guidelines. For the purpose of determining accessibility requirements per Chapter 31, uses such as homeless shelters, halfway houses, transient group homes, and similar facilities should be reviewed on a case by case basis. While these uses are "residential" in nature, if the residents are considered transient, classification as R-1 hotel, or R-3 lodging house is more appropriate. Some may need to be classified either in an I (Institutional) or B (Business) category. If services are provided at the site such as job or health counseling. classification should be in a category which requires accessibility. These uses should not be categorized as congregate residence when the residents are essentially transient. Apartments or condominiums which are rented on a short term basis to transient guests should be categorized as either a Group R-1, hotel, or Group R-3 lodging house with appropriate accessibility provided. [E.] 13 ADA/Washington State July 12, 1994 01-03212 ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL REQUIREMENTS. 4.1 Minimum Requirements 4.1.1* Application. (1) General. All areas of newly designed or newly constructed buildings and facilities required to be accessible by 4.1.2 and 4.1.3 and altered portions of existing buildings and facilities required to be accessible by 4.1.6 shall comply with these guidelines, 4.1 through 4.35, unless otherwise provided in this section or as modified in a special application section. 51-20-3101 Scope (a) General. Buildings or portions of buildings shall be accessible to persons with disabilities as required by this chapter. Chapter 31 has been amended to comply with the Federal Fair Housing Act (FFHA) Guidelines as published by the U.S. Department of Housing and Urban Development (March 1991) and the Americans with Disabilities Act (ADA) Guidelines as published by the U.S. Architectural and Transportation Barriers Compliance Board and Department of Justice (July, 1991). Reference is made to Appendix Chapter 31 for FFHA and ADA requirements not regulated by this chapter. 51-20-3101 (b) Design. The design and construction of accessible building elements shall be in accordance with this chapter. For a building, structure or building element to be considered to be accessible, it shall be designed and constructed to the minimum provisions of this chapter. 51-20-3103 Building Accessibility (a) Where required. 1. General. Accessibility to temporary or permanent buildings or portions thereof shall be provided for all occupancy classifications except as modified by this chapter. See also Appendix Chapter 31. 51-20-0104 Application to Existing Buildings and Structures. (a) General. Buildings and structures to which additions, alterations or repairs are made shall comply with all the requirements of this code for new facilities except as specifically provided in this section. See Section 1210 for provisions requiring installation of smoke detectors in existing Group R, Division 3 Occupancies. 14 ADA/Washington State July 12, 1994 01-03213 4.1.1 (2) Application Based on Building Use. Special application sections 5 through 10 provide additional requirements for restaurants and cafeterias, medical care facilities, business and mercantile, libraries, accessible transient lodging, and transportation facilities. When a building or facility contains more than one use covered by a special application section, each portion shall comply with the requirements for that use. 51-20-3106 Accessible Design and Construction Standards. (a) General. Where accessibility is required by this chapter, it shall be designed and constructed in accordance with this section, unless otherwise specified in this chapter. 51-20-3103 Building Accessibility (a) Where required. 1. General. Accessibility to temporary or permanent buildings or portions thereof shall be provided for all occupancy classifications except as modified by this chapter. See also Appendix Chapter 31. UBC Section 503. (a) ... When a building houses more than one occupancy, each portion of the building shall conform to the requirements of the occupancy housed therein. 15 ADA/Washington State July 12, 1994 01-03214 4.1.1*(2) Continued. 51-20-3103 Building Accessibility. (a) Where required. 1. General. Accessibility to temporary or permanent buildings or portions thereof shall be provided for all occupancy classifications except as modified by this chapter. See also Appendix Chapter 31. (a) 2. Group A. Occupancies. A. General. All Group A Occupancies shall be accessible as provided in this chapter. (a) 3. Group B. Occupancies. All Group B Occupancies shall be accessible as provided in this chapter. Assembly spaces in Group B Occupancies shall comply with Section 3103 (a) 2. B. 4. Group E. Occupancies. All Group E. Occupancies shall be accessible as provided in this chapter. Assembly spaces in Group E Occupancies shall comply with Section 3103 (a) 2. B. 5. Group H Occupancies. All Group H Occupancies shall be accessible as provided in this chapter. 6. Group I Occupancies. All Group I Occupancies shall be accessible in all public use, common use and employee use areas, and shall have accessible patient rooms, cells and treatment or examination rooms as follows: 6.A. In Group I, Division 1.1 hospitals which specialize in treating conditions that affect mobility, all patient each nursing unit, including associated toilet rooms and bathrooms. 6.B. In Group I, Division 1.1 hospitals which do not specialize in treating conditions that affect mobility, all patient rooms in each nursing unit, including associated toilet rooms and bathrooms. 6.C. In Group I, Division 1.1 and Division 2 nursing homes and long-term care facilities, at least 1 in every 2 patient rooms, including associated toilet rooms and bathrooms. 6.D. In Group I, Division 3, mental health Occupancies, at least 1 in every 10 patient rooms, including associated toilet rooms and bathrooms. 16 ADA/Washington State July 12, 1994 01-03215 4.1.1 (2) Continued. 4.1.1 (2) Continued. 6.E. In Group I, Division 3 jail, prison and similar Occupancies, at least 1 in every 100 rooms or cells, including associated toilet rooms and bathrooms. [6.F. In Group I Occupancies, all treatment and examination rooms shall be accessible.] In Group I, Division 1.1 and 2 Occupancies, at least one accessible entrance that complies with Section 3103 (b) shall be under shelter. Every such entrance shall include a passenger loading zone which complies with Section 3108 (b) 3. 51-20-3103 (a) 7. Group M. Occupancies. Group M, Division 1 Occupancies shall be accessible. [as follows:] [A.] Private garages, [and] carports [which contain accessible parking serving Type A dwelling units.] [B]. In Group M., Division 1 agricultural buildings, access need only be provided to paved work areas and areas open to the general public. 51-20-3103 (a) 8. Group R. Occupancies. A. General. All Group R Occupancies shall be accessible as provided in this chapter. Public and common-use areas and facilities such as recreational facilities, laundry facilities, garbage and recycling collection areas, mailbox locations, lobbies, foyers and management offices, shall be accessible. [EXCEPTION: Common- or public-use facilities accessory to buildings not required to contain either Type A or Type B dwelling units in accordance with Section 3103(a)8B.] B. Number of Dwelling Units. In all Group R, Division 1 apartment buildings the total number of Type A dwelling units shall be as required by Table No. 31-B. All other dwelling units shall be designed and constructed to the requirements for Type B units as defined in this chapter. EXCEPTIONS: 1. Group R Occupancies containing **[no more than] three dwelling units [need not be accessible]* * * 17 ADA/Washington State July 12, 1994 01-03216 4.1.1 (2) Continued. 4.1.1 (3)* Areas Used Only by Employees as Work Areas. Areas that are used only as work areas shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the areas. These guidelines do not require that any areas used only as work areas be constructed to permit maneuvering within the work area or be constructed or equipped (i.e., with racks or shelves) to be accessible. 51-20-3152 TABLE NO. 31-B REQUIRED TYPE A DWELLING UNITS Total Number of Dwelling Required Number of Type A Units on Site Dwelling Units 0-10 None 11-20 1 21-40 2 41-60 3 61-80 4 81-100 5 For every 20 units or fractional 1 additional part thereof, over 100 See Occupancy Groups above 18 ADA/Washington State July 12, 1994 01-03217 Comment: Issue 8. Except in Group M occupancies, the Washington code does not distinguish areas in a building which are employee versus public areas. It requires all areas of a building to provide equal accessibility. In this regard the Washington Code provides greater accessibility than the ADA. For example if a plan shows a room with a series of built in work stations, ADA would simply ask if the room can be approached, entered and exited. Under the Washington code, accessible aisles would be required between work stations and 5% of the stations would be accessible. Over time use of specific rooms change without need for a building permit or review by a building official. It is better in the long term of accessibility to require full accessibility at the time of construction. Group M occupancies are small, miscellaneous buildings that are limited in size to less than 1000 square feet and don't fit in other categories. Typically they are accessory buildings at other buildings. A typical garage at a house in [sic] an M-1. So is the storage shed at the house. Another broad category is agricultural buildings, also limited to 1000 square feet or less. Most things that small are at family farms, but not always. Thus for these small buildings which might be places of employment or places of public accommodation, accessibility is required by the Washington code. [E.] 19 ADA/Washington State July 12, 1994 01-03218 4.1.1 (4) Temporary Structures. These guidelines cover temporary buildings or facilities as well as permanent facilities. Temporary buildings and facilities are not of permanent construction but are extensively used or are essential for public use for a period of time. Examples of temporary buildings or facilities covered by these guidelines include, but are not limited to: reviewing stands, temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services, or temporary safe pedestrian passageways around a construction site. Structures, sites and equipment directly associated with the actual processes of construction, such as scaffolding, bridging, materials hoists, or construction trailers are not included. 51-20-3103 Building Accessibility (a) Where required. 1. General. Accessibility to temporary or permanent buildings or portions thereof shall be provided for all occupancy classifications except as modified by this chapter. See also Appendix Chapter 31. 51-20-3103 (a) 1. EXCEPTION 2. Temporary structures, sites and equipment directly associated with the construction process such as construction site trailers, scaffolding, bridging, or material hoists are not required to be accessible. [This exception does not include walkways or pedestrian protection required by Chapter 44.] 51-20-0104 (e) Moved Buildings and Temporary Buildings. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the building official for a limited period of time. Such buildings or structures need not comply with the type of construction or fire-resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. Comment: Issue 9. Section 3103(a)1, Exception 3 has been amended to include the following sentence. "This exception does not include walkways or pedestrian protection required by Chapter 44." (See Page 599c of the Published Code.) By adding this limitation to the exception, these walkways must still be accessible. Section 104(e) is primarily a permit process section. It allows a special permit for such temporary structures and allows waiver of construction type and fire-resistive standards. It does not waive requirements of Chapter 31 regarding accessibility. [E.] 20 ADA/Washington State July 12, 1994 01-03219 4.1.1 (5) General Exceptions. (a) In new construction, a person or entity is not required to meet fully the requirements of these guidelines where that person or entity can demonstrate that it is structurally impracticable to do so. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. If full compliance with the requirements of these guidelines is structurally impracticable, a person or entity shall comply with the requirements to the extent it is not structurally impracticable. Any portion of the building or facility which can be made accessible shall comply to the extent that it is not structurally impracticable. 51-20-3103(a) 1. EXCEPTIONS: 51-20-3103(b) 2. EXCEPTION[S]: [1. A single accessible route shall be permitted to pass through a kitchen or storage room in an accessible dwelling unit. 2. Floors above and below accessible levels that have areas of less than 3,000 square feet per floor, need not be served by an accessible route of travel from an accessible level. This exception shall not apply to: A. The offices of health care providers: or, B. Transportation facilities and airports: or, C. Buildings owned or leased by government agencies: or D. Multi-tenant Group B, Division 2, retail and wholesale occupancies of five tenant spaces or more.] [3] For sites where natural terrain or other unusual property characteristics do not allow the provision of an accessible route of travel from the public way to the building, the point of vehicular debarkation may be substituted for the accessible entrance to the site. 51-20-3105(a) General . . . [For Group R, Division 1 apartment buildings.] Where specific floors of a building are required to be accessible, the requirements shall apply only to the facilities located on accessible floors. 21 ADA/Washington State July 12, 1994 01-03220 4.1.1(5) Continued. 4.1.1(5)(b) Accessibility is not required to (i) observation galleries used primarily for security purposes; or (ii) in non-occupiable spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways, or freight (non-passenger) elevators, and frequented only by service personnel for repair purposes; such spaces include, but are not limited to, elevator pits, elevator penthouses, piping or equipment catwalks. Comment: Issue 10. The elevator exception has been revised and is now generally equivalent and, for two story buildings, requires substantially greater accessibility than the ADA. See also Issue No. 16, below. 51-20-3101(e) Modifications. Where full compliance with this chapter is impractical due to unique characteristics of the terrain, the building official may grant modifications in accordance with Section 106, provided that any portion of the building or structure that can be made accessible shall be made accessible to the greatest extent practical. Comment: Issue 11. In preparing the Washington's regulations it was noted that this provision of the ADA was very limited in potential application, therefore an equivalent provision was not adopted. Under Section 105 and 3101(d), building officials can approve alternative designs which provide substantially equivalent or greater accessibility. In addition, a specific exception based on terrain which allows an alternative approach than providing an accessible route from the street is provided by Sec. 3103(b)2. Through these provisions, the Washington Code is more restrictive than the appearance of the ADA provisions and provides greater accessibility. 51-20-3103(a) 1. EXCEPTIONS: 1. Floors or portions of floors not customarily occupied, including, but not limited to, elevator pits, observation galleries used primarily for security purposes, elevator penthouses, nonoccupiable spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways or freight elevators, piping and equipment catwalks and machinery, mechanical and electrical equipment rooms. [Amendment: P.N.E. The language raises the possibility that the phrase "that have areas of less than 3000 square feet per floor" refers to "accessible levels" without limiting "floors above and below" or vice versa. Thus, if the ground floor were less than 3000 square feet, WAC would not require an elevator, even though any number of floors above or below it were greater than 3000 square feet. It needs to be clear that no floor can exceed 3000 square feet. Although WAC does exceed the ADA in that WAC does not allow an elevator exemption for two-story buildings, that does not make up for the possible problem caused by the ambiguity regarding square footage per floor.] [WAC applies a lower standard than "structurally impracticable". However, because this is a waiver provision, it is not part of the certification determination. Rather, any waiver will be non-certified.] 22 ADA/Washington State July 12, 1994 01-03221 Comment: Issue 12. It was the intent of the WSR to have the same effect as the ADA. The language of the exception may be poorly crafted but was intended as a long list of ways in which areas not customarily occupied would be accessed. To clarify application of this exception the Council has issued Interpretation No. 93-29. Interpretation 93-29: Question: 1. Do spaces such as machinery, mechanical, electrical, and telephone equipment rooms need to be accessible? Since these spaces typically work areas only open to employees, is it sufficient to have these rooms designed that persons with disabilities can approach, enter, and exit from these areas? 2. Are rooms used for storage considered to "not customarily occupied" and able to be nonaccessible? Answer: 1. The intent of the code, as provided in Sec. 3101(a), is to provide standards equivalent to the ADA Accessibility Guideline. Machinery, mechanical, electrical, and telephone equipment rooms must be accessible, as must rooms identified as or other service spaces such as custodial, janitors', and supply rooms must be accessible when the primary occupancy must be accessible. Such rooms must be designed so they can be approached, entered, and exited by a person with disabilities. The intent of the exception is to only apply to spaces of the building which are very rarely accessed even by building service personnel such as a mechanical or plumbing chase, crawl space, plenum, or space above a suspended ceiling. The listing of the equipment rooms in this exception is intended only to be examples of locations where the small, non-occupiable spaces might be accessed. 2. Storage rooms are not spaces which are "not customarily occupied," and must meet accessibility standards of Chapter 31. [P.E. The interpretation has so many typographical errors that it is very confusing.] 23 ADA/Washington State July 12, 1994 01-03222 4.1.2 Accessible Sites and Exterior Facilities: New Construction. An accessible site shall meet the following minimum requirements: (1) At least one accessible route complying with 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, and public streets or sidewalks, to an accessible building entrance. 4.1.2 (2) At least one accessible route complying with 4.3 shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. 51-20-3105 Facility Accessibility (a) General. Where buildings are required to be accessible, building facilities shall be accessible to persons with disabilities as provided in this section. **[For Group R, Division 1 apartment buildings.] Where specific floors of a building are required to be accessible, the requirements shall apply only to the facilities located on accessible floors. 51-20-3103(b)2. Accessible Route of Travel. When a building or portion of a building, is required to be accessible, an accessible route of travel shall be provided to all portions of the building, to accessible building entrances and connecting the building and the public way. The accessible route of travel to areas of primary function may serve but shall not pass through kitchens, storage rooms, toilet rooms, bathrooms, closets or other similar spaces. EXCEPTION[S]: [1. A single accessible route shall be permitted to pass through a kitchen or storage room in an accessible dwelling unit. 2. Floors above and below accessible levels that have areas of less than 3,000 square feet per floor, need not be served by an accessible route of travel from an accessible level. This exception shall not apply to: A. The offices of health care providers; or, B. Transportation facilities and airports; or, C. Buildings owned or leased by government agencies; or, D. Multi-tenant Group B, Division 2, retail and wholesale occupanices of five tenant spaces or more.] **[moved up #3] For sites where natural terrain or other unusual property characteristics do not allow the provision of an accessible route of travel from the public way to the building, the point of vehicular debarkation may be substituted for the accessible entrance to the site. [Amendment: P.N.E. It appears that the phrase "that have areas of less than 3000 square feet per floor" refers to "accessible levels" without limiting "floors above and below"or vice versa. It needs to be clear that no floor can exceed 3000 square feet (see discussion above at Standard 4.1.1(5)).] 24 ADA/Washington State July 12, 1994 01-03223 Continued. 4.1.2 (3) All objects that protrude from surfaces or posts into circulation paths shall comply with 4.4. 4.1.2(5)(b) One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 in (2440 mm) wide minimum and shall be designated "van accessible" as required by 4.6.4. The vertical clearance at such spaces shall comply with 4.6.5. All such spaces may be grouped on one level of a parking structure. EXCEPTION: Provision of all required parking spaces in conformance with "Universal Parking Design" (see appendix A4.6.3) is permitted. 4.1.2(5)(c) If passenger loading zones are provided, then at least one passenger loading zone shall comply with 4.6.6. Accessible routes of travel serving any accessible space or element shall also serve as a means of egress for emergencies or connect to an area of evacuation assistance. When more than one building or facility is located on a site, accessible routes of travel shall [connect] accessible buildings and accessible site facilities. The accessible route of travel shall be the most practical direct route connecting accessible building entrances, accessible site facilities and the accessible site entrances. 51-20-3106(e) Protruding Objects. Protruding objects shall not reduce the clear width of an accessible route of travel or maneuvering space. Any wall- or post-mounted object with its leading edge between 27 inches and 79 inches above the floor may project not more than 4 inches into [an accessible route of travel.] corridor, passageway, or aisle]. Any wall-or post-mounted projection greater than 4 inches shall extend to the floor. 51-20-3107(a)[5] . . . [For other than Group R, Division 1 apartment buildings, where accessible parking is required,] one [of] every eight accessible parking spaces, [or fraction thereof], shall [be designed to be accessible to vans]. 51-20-3107(b)2. . . . Van accessible parking spaces shall have an adjacent access aisle not less than 96 inches in width. [(c) Signs. . . . Van accessible parking spaces shall have an additional sign mounted below the International Symbol of Access identifying the spaces as "Van Accessible." EXCEPTION: Where all of the accessible parking spaces comply with the standards for van accessible parking spaces.] 51-20-3108 Passenger Loading Zones. (a) Location. Where provided, passenger loading zones shall be located on an accessible route of travel [Amendment: E.] [Amendment: N.E. The amendment creates an ambiguity because of the placement of "accessible" at the beginning of the list of covered pathways. We need to be clear that objects must not protrude into any corridor or passageway or aisle, regardless of whether it is otherwise accessible. Because, in new construction, WAC requires all routes to be accessible, this distinction is a problem only for alterations.] [Amendment: E.] [Amendment: E.] 25 ADA/Washington State July 12, 1994 01-03224 4.1.2(5)(d) At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with 4.6 shall be provided in accordance with 4.1.2(5)(a) except as follows: (i) Outpatient units and facilities: 10 percent of the total number of parking spaces provided serving each such outpatient unit or facility; (ii) Units and facilities that specialize in treatment or services for persons with mobility impairments: 20 percent of the total number of parking spaces provided serving each such unit or facility. 4.1.2 (6) If toilet facilities are provided on a site, then each such public or common use toilet facility shall comply with 4.22. If bathing facilities are provided on a site, then each such public or common use bathing facility shall comply with 4.23. For single user portable toilet or bathing units clustered at a single location, at least 5% but no less than one toilet unit or bathing unit complying with 4.22 or 4.23 shall be installed at each cluster whenever typical inaccessible units are provided. Accessible units shall be identified by the International Symbol of Accessibility. EXCEPTION: Portable toilet units at construction sites used exclusively by construction personnel are not required to comply with 4.1.2(6). 51-20-3107 (a) Accessible Parking Required. . . . [2] Inpatient Medical Care Facilities] For Group I, Division 1.1, 1.2 and 2 medical care Occupancies specializing in the treatment of persons with mobility impairments, 20 percent of parking spaces provided accessory to such occupancies shall be accessible. [3. Outpatient Medical Care Facilities. For Group I, Division 1.1 and 1.2 and Group B, Division 2 Occupancies providing outpatient medical care facilities, 10 percent of the parking spaces provided accessory to such occupancies shall be accessible.] Comment: Issue 13. Section 3107 has been amended to include a 10 percent requirement for outpatient medical care facilities at either hospitals (Group 1.1), Outpatient surgery centers (Group 1.2) or doctors and dentists offices (Group B- 2). (See page 604s of the Published Code.) Ironically this WSR provision will require more accessible parking than the ADA based on the interpretation of this provision contained in the January 1993 supplement to the Title III technical assistance manual. 51-20-3106 (k) 1. General. Bathrooms, toilet rooms, bathing facilities and shower rooms shall be designed in accordance with this section. (3106) [Amendment: N.E. WAC requires 20% at inpatient mobility- specialists and 10% at outpatient facilities. Under S 3107 outpatient mobility-specialty facilities would only need 10%. The ADA would require 20% for all (inpatient and outpatient) mobility-specialty facilities. Although WAC does exceed the ADA in that it requires the additional (10%) accessible spaces at doctors' offices, the increased accessible parking is most needed in the places WAC does not provide it (outpatient mobility specialists) and least needed in the places WAC does provide it (doctors' and dentists' offices).] 26 ADA/Washington State July 12, 1994 01-03225 4.1.3 (4) Interior and exterior stairs connecting levels that are not connected by an elevator, ramp, or other accessible means of vertical access shall comply with 4.9. Comment: Issue 14. Section 3103(a) 1 only exempts temporary structures which are directly related to the construction process. The standards for accessible toilets are provided and are applicable to permanent and temporary facilities. If someone gets a local building permit for portable toilets, there is nothing in Chapter 31 which exempts them from complying with 3105(b) or 3106(k). The code specifically regulates temporary as well as permanent structures in Section 3103(a)1. Not all jurisdictions require building permits for these temporary installations, thus it is not uniformly covered by local application of the code. This in no way exempts them from ADA compliance. 51-20-3306 Stairways. (a) General. Every stairway having two or more risers serving any building or portion thereof shall conform to the requirements of this section. When aisles in assembly rooms have steps, they shall conform with the provisions in Section 3315. 51-20-3106 (i) Stairways. 1. General. Stairways required to be accessible shall comply with section 3306 and provisions of this section. 51-20-5105 (c)3. Stairways. Stairways shall comply with Section 3106(i). Comment: Issue 15. Section 3105(c) has been amended to provide scoping for elevators, platform lifts and stairways. (See pages 603a and 603b of the Published Code.) The net result is the Washington regulations provide greater accessibility than the ADA in that all stairways in covered buildings must comply with 3106(i). This is significantly more than the ADA which only applies to stairways where floors are not accessible by elevator or ramp. [E.] [E.] 27 ADA/Washington State July 12, 1994 01-03226 4.1.3 (5)* One passenger elevator complying with 4.10 shall serve each level, including mezzanines, in all multi-story buildings and facilities unless exempted below. If more than one elevator is provided, each full passenger elevator shall comply with 4.10. EXCEPTION 1: Elevators are not required in facilities that are less than three stories or that have less than 3000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider, or another type of facility as determined by the Attorney General. The elevator exemption set forth in this paragraph does not obviate or limit in any way the obligation to comply with the other accessibility requirements established in section 4.1.3. For example, floors above or below the accessible ground floor must meet the requirements of this section except for elevator service. If toilet or bathing facilities are provided on a level not served by an elevator, then toilet or bathing facilities must be provided on the accessible ground floor. In new construction if a building or facility is eligible for this exemption but a full passenger elevator is nonetheless planned, that elevator shall meet the requirements of 4.10 and shall serve each level in the building. A full passenger elevator that provides service from a garage to only one level of a building or facility is not required to serve other levels. EXCEPTION 2: Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks are exempted from this requirement. EXCEPTION 3: Accessible ramps complying with 4.8 may be used in lieu of an elevator. 51-20-3105 (c) Elevators[, Platform Lifts and Stairways]. 1. [Elevators. A.] Where Required. In multi-story buildings or portions thereof required to be accessible by Section 3103, at least one elevator shall serve each level, including mezzanines. Other than within an individual dwelling unit, when an elevator is provided but not required, it shall be accessible. EXCEPTIONS: 1. In Group R. Division 1 apartment occupancies, an elevator is not required where accessible dwelling units and guest rooms are accessible by ramp or by grade level route of travel. 2. In a building of fewer than three stories an elevator is not required where ramps, grade- level entrances or accessible horizontal exits from an adjacent building, are provided to each floor. 3. In multistory parking garages, an elevator is not required where an accessible route of travel is provided from accessible parking spaces on levels with accessible horizontal connections to the primary building served. 4. In Group R, Division 1 hotels and lodging houses less than 3 stories in height, an elevator is not required provided that accessible guest rooms are provided on the ground floor. [B. Design. All elevators shall be accessible.] EXCEPTIONS: 1. Private elevators serving only one dwelling unit. 2. Where more than one elevator is provided in the building, elevators used exclusively for movement of freight. 28 ADA/Washington State July 12, 1994 01-03227 4.1.3 (5)* Continued. 4.1.3 (5)* Continued. 51-20-3103 EXCEPTION 2: floors above and below accessible levels that have areas of less than 3000 square feet per floor, need not be [served by an accessible route of travel from an accessible level. This exception shall not apply to: A. The offices of health care providers; or, B. Transportation facilities and airports; or, C. Buildings owned or leased by government agencies; or D. Multi-tenant Group B, Division 2, retail and wholesale occupancies of five tenant spaces or more.] 51-20-3105 (c) [1. Elevators.B.] Design. All elevators shall be accessible. EXCEPTIONS: 1. Private elevators serving only one dwelling unit. 2. Where more than one elevator is provided in the building, elevators used exclusively for movement of freight. Elevators required to be accessible shall be designed and constructed to comply with Chapter 296-81 of the Washington Administrative Code. [Amendment. P.N.E. The language raises the possibility that the phrase "that have areas of less than 3000 square feet per floor" refers to "accessible levels" without limiting "floors above and below" or vice versa. Thus, if the ground floor were less than 3000 square feet, WAC would not require an elevator, even though any number of floors above or below it were greater than 3000 square feet. It needs to be clear that no floor can exceed 3000 square feet. Although WAC does exceed the ADA in that WAC does not allow an elevator exemption for two-story buildings, that does not make up for the possible problem caused by the ambiguity regarding square footage per floor.] 29 ADA/Washington State July 12, 1994 01-03228 EXCEPTION 4: Platform lifts (wheelchair lifts) complying with 4.11 of this guideline and applicable state or local codes may be used in lieu of an elevator only under the following conditions: (a) To provide an accessible route to a performing area in an assembly occupancy. (b) To comply with the wheelchair viewing position line-of- sight and dispersion requirements of 4.33.3. (c) To provide access to incidental occupiable spaces and rooms which are not open to the general public and which house no more than five persons, including but not limited to equipment control rooms and projection booths. (d) To provide access where existing site constraints or other constraints make use of a ramp or an elevator infeasible. Comment: Issue 16. Item 1: Section 3103(a) 1 and 3103(b)2 have been revised to clarify that the exception for elevators is truly only an accessible route exception. It no longer exempts whole spaces from all accessibility standards. See also amendments to 3105(a). The Washington code now clearly provides greater accessibility than the ADAAG. See pages 599c, 601a and 603 of the Published Code. Item 2: The Washington State elevator standards were revised through an amendment to WAC Chapter 296-81 which was effective on July 1, 1992 to be consistent with the ADAAG. Section 296-81-007(5) specifically adopts the ANSI A117.1-1990 elevator standard which includes standards for wheelchair and platform lifts. In addition sections .300 through .360 and .370 adopts additional standards for elevator design and installation which are consistent with the ADA requirements. See Issue No. 46 for a comparison of the ADA and Washington regulations. (A copy of WAC 296-81 is attached.) 51-20-3105 (c) [2] Platform Lifts. Platform lifts may be used in lieu of an elevator under one of the following conditions subject to approval by the building official: [A.] To provide an accessible route of travel to a performing area in a Group A. Occupancy; or, [B.] To provide unobstructed sight lines and distribution for wheelchair viewing positions in Group A Occupancies; or, [C.] To provide access to spaces with an occupant load of less than 5 [that are not open to the public]; or [D.] To provide access where existing site constraints or other constraints make use of a ramp or elevator infeasible. All platform lifts used in lieu of an elevator shall be capable of independent operation and shall comply with Chapter 296-81 of the Washington Administrative Code. [E. Equivalency of technical standards is addressed separately below.] 30 ADA/Washington State July 12, 1994 01-03229 4.1.3 (8) In new construction, at a minimum, the requirements in (a) and (b) below shall be satisfied independently: (a) (i) At least 50% of all public entrances (excluding those in (b) below) must be accessible. At least one must be a ground floor entrance. Public entrances are any entrances that are not loading or service entrances. (ii) Accessible entrances must be provided in a number at least equivalent to the number of exits required by the applicable building/fire codes. (This paragraph does not require an increase in the total number of entrances planned for a facility.) (iii) An accessible entrance must be provided to each tenancy in a facility (for example, individual stores in a strip shopping center). One entrance may be considered as meeting more than one of the requirements in (a). Where feasible, accessible entrances shall be the entrances used by the majority of people visiting or working in the building. [296-81-007. National Elevator Code adopted. ...(5) The American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1, 1990 Edition, is adopted as the standard for elevators, dumbwaiters, escalators, and moving walks installed on or after July 1, 1992, with the exceptions of ANSI A17.1, Part XIX, and ANSI A17.1, Part V, Section 513, which is replaced by chapter 296-94 WAC.] Comment: Issue 17. Section 3105(c) 2C has been revised to read "To provide access to spaces with an occupant load of less than 5, that are not open to the public." (See paged (sic) 603a and 603b of the Published Code.) The provisions are now equivalent. Comment: Issue 18. See comment on Issue No. 16, above. 51-20-3103 (b) 3. Primary Entry[ance] Access. At least 50% of all public entries, or a number equal to the number of exits required by Section 3303 (a), whichever is greater, shall be accessible. One of the accessible public entries shall be the primary entry to a building. At least one accessible entry must be a ground floor entrance. Public entries do not include loading or service entries. EXCEPTION: In Group R. Division 1 apartment buildings only the primary entry need be accessible, provided that the primary entry provides an accessible route of travel to all dwelling units required to be accessible. Where a building is designed not to have common or primary entries, the primary entry to each individual dwelling unit required to be accessible, and each individual tenant space, shall be accessible. [E. Technical requirements addressed separately below.] 31 ADA/Washington State July 12, 1994 01-03230 Comment: Issue 19. (See also comment on Issue No. 7, above.) Except where an apartment building is used as a hotel, the ADA does not regulate apartment buildings. Under the UBC a permit issued for an apartment building is for residential apartment use and does not include transient use as covered by the ADA. A transient use of an apartment building would require a new building permit and occupancy certificate. If this is the intended use at the first permit, the applicant needs to so state so that the building is reviewed according to the proper standards. If that information is withheld there is a violation of the building code. Where the permit process is properly followed, this exception does not result in less accessibility than the ADA. To assist local building officials in understanding this difference, the Council has issued Interpretation No. 93-39. 32 ADA/Washington State July 12, 1994 01-03231 Interpretation 93-39: Question: For purposes of accessibility requirements ofChapter 31, how should buildings such as homeless shelters, halfway houses, (transient group homes, and similar social service establishments where people may sleep or temporarily reside be classified? Similarly, how should apartments or condominium complexes be classified where some or all of the units are rented to short term guests. Answer: The intent of the code, as provided in Sec. 3101(a), is to provide standards equivalent with the ADA Accessibility Guidelines. For the purpose of determining accessibility requirements per Chapter 31, uses such as homeless shelters, halfway houses, transient group homes, and similar facilities should be reviewed on a case by case basis. While these uses are "residential" in nature, if the residents are considered transient, classification as R-1 hotel, or R-3 lodging house is more appropriate. Some may need to be classified either in an I (Institutional) or B (Business) category. If services are provided at the site such as job or health counseling, classification should be in a category which requires accessibility. These uses should not be categorized as congregate residence when the residents are essentially transient. Apartments or condominiums which are rented on a short term basis to transient guests should be categorized as either a Group R-1, hotel, or Group R-3 lodging house with appropriate accessibility provided. [E.] 33 ADA/Washington State July 12, 1994 01-03232 4.1.3 (8)(b)(i) In addition, if direct access is provided for pedestrians from an enclosed parking garage to the building, at least one direct entrance from the garage to the building must be accessible. (ii) If access is provided for pedestrians from a pedestrian tunnel or elevated walkway, one entrance to the building from each tunnel or walkway must be accessible. One entrance may be considered as meeting more than one of the requirements in (b). Because entrances also serve as emergency exits whose proximity to all parts of buildings and facilities is essential, it is preferable that all entrances be accessible. 51-30-3103 (b)2. ...The accessible route of travel shall be the most practical direct route connecting accessible building entrances, accessible site facilities and the accessible site entrances. Comment: Issue 20. Per the definition contained in Section 3102, these are primary entrances to a building and would need to be accessible, including the provision of accessible routes. Further, the side by side comparison appears to only compare this ADA requirement with one small part of the Washington provisions. Other provisions are critical to this comparison. The rest of 3103(b)2 is important, see attached. It clearly states that where there is more than one facility on the site, accessible routes be provided connected each facility. No exemption of any kind is provided for tunnels or elevated walkways. Section 3107 requires parking to be on an accessible route which is the shortest possible to accessible building entrance(s). In case there is any question as to the intent of the provision, the Council has issued Interpretation No. 93-30. Intrepretation 93-30 Question: Must tunnels, elevated walkways, (pedestrian walkways) and doorways providing direct access from parking garages to a building provide an accessible entrance. Answer: Yes. The intent of the code, as provided in Sec. 3101(a), is to provide standards equivalent to the ADA Accessibility Guideline. These types of entrances and connections between buildings are considered to be primary entrances and must be accessible. [E.] 34 ADA/Washington State July 12, 1994 01-03233 4.1.3 (11) Toilet Facilities: If toilet rooms are provided, then each public and common use toilet room shall comply with 4.22. Other toilet rooms provided for the use of occupants of specific spaces (i.e., a private toilet room for the occupant of a private office) shall be adaptable. If bathing rooms are provided, then each public and common use bathroom shall comply with 4.23. Accessible toilet rooms and bathing facilities shall be on an accessible route. 51-20-3105 (b) Bathing and Toilet Facilities. 1. Bathing Facilities. When bathing facilities are provided, at least 2 percent but not less than 1, bathtub or shower shall be accessible. In dwelling units where both a bathtub and shower are provided in the same room, only one need be accessible. 51-20-3105 (b) 2. Toilet Facilities. Toilet facilities located within accessible dwelling units, guest rooms and congregate residences shall comply with Sections 3106(k) and 3106 (aa). In each toilet facility in other occupancies, at least one wheelchair accessible toilet stall with an accessible water closest shall be provided. In addition, when there are 6 or more water closets within a toilet facility, at least one other accessible toilet stall complying with Section 3106(k) 4, also shall be installed. Where urinals are provided, at least one urinal shall be accessible. 51-20-3105 (b) 3. Lavatories, Mirrors and Towel Fixtures. At least one accessible lavatory shall be provided within any toilet facility. Where mirrors, towel fixtures and other toilet and bathroom accessories are provided, at least one of each shall be accessible. 51-20-3106(k) 1. General. Bathrooms, toilet rooms, bathing facilities and shower rooms shall be designed in accordance with this section. For dwelling units see also Section 3106(aa). 35 ADA/Washington State July 12, 1994 01-03234 Comment: Issue 21. Item 1: 2% of Bathing Facilities. The intent of Interpretation No. 93-31 is to require accessible bathing facilities as required by ADA. It states that if only one bathing facility is provided in a building, it must be unisex and have 2% of its bathing features accessible; if multiple facilities are provided, they also must be accessible at the rate of 2% of the bathing fixtures. Item 2: Toilet Facilities without Stalls. The application of this section has been that each toilet facility is accessible, regardless of the number of facilities in a building or the number of water closets in the room or the presence of an actual "stall." In each "toilet facility" at least one fixture of each type provided must be accessible. The intent is to provide accessibility whether or not there is a stall. Read literally the WSR actually require a stall in all instances. No official interpretation of this has been issued and the questions received to date have been to nuances of meeting these provisions such as overlapping clear spaces in a single user facility, not whether it even has to be accessible because there is not a stall. Interpretation 93-31: Question: What is the application of the requirements for 2 percent of bathing facilities to be accessible when there is only one bathing facility in a building, or when there are multiple bathing facilities? Must separate facilities for each sex be provided? Answer: The intent of the code, as provided in Sec. 3101(a), is to provide standards equivalent to the ADA Accessibility Guidelines. Where only one bathing facility is provided in a building, 2 percent of the shower or bathtub fixtures within that facility must be accessible and the facility must be accessible to all persons (unisex). Where there are multiple bathing facilities in a building, each bathing facility must provide 2 percent of the shower or bathtub fixtures as accessible. Chapter 31 does not restrict how those bathing facilities are designated (men, women or unisex). [E.] 36 ADA/Washington State July 12, 1994 01-03235 4.1.3 (12) Storage, Shelving and Display Units: (a) If fixed or built-in storage facilities such as cabinets, shelves, closets, and drawers are provided in accessible spaces, at least one of each type provided shall contain storage space complying with 4.25. Additional storage may be provided outside of the dimensions required by 4.25. (b) Shelves or display units allowing self-service by customers in mercantile occupancies shall be located on an accessible route complying with 4.3. Requirements for accessible reach range do not apply. 4.1.3 (14) If emergency warning systems are provided, then they shall include both audible alarms and visual alarms complying with 4.28. Sleeping accommodations required to comply with 9.3 shall have an alarm system complying with 4.28. Emergency warning systems in medical care facilities may be modified to suit standard health care alarm design practice. 4.1.3 (15) Detectable warnings shall be provided at locations as specified in 4.29. 51-20-3105 (d) 6. Storage [Facilities]. In other than Group R, Division 1 apartment buildings, where fixed or built-in storage facilities such as cabinets, shelves, closets and drawers are provided in accessible spaces, at least one of each type provided shall contain storage space complying with Section 3106(r). Comment: Issue 22. See comment to Issue No. 19, above. 51-20-3105 (d) 9. Alarms. where provided, [alarm systems] shall include both audible and visible alarms. [Visible] alarm devices shall be located in all [assembly areas;] common-use areas including toilet rooms and bathing facilities,[;] hallways and lobbies[; and hotel guest rooms as required by Section 3103(a)8C]. EXCEPTIONS: 1. Alarm systems in Group I, Division 1.1 and 1.2 Occupancies may be modified to suit standard health care design practice. 2. Visible alarms are not required in Group R, Division 1 apartment buildings. Comment: Issue 23. See comment to Issue No. 19, above. 51-20-3106 (d) 5. B. Detectable Warnings. Curb ramps shall have detectable warnings complying with Section 3106 (g). Detectable warnings shall extend the full width and depth of the curb ramp. 51-20-3106 (d) [8]. Vehicular Areas. Where an accessible route of travel crosses or adjoins a vehicular way, and where there are no curbs, railings or other elements [which separate the pedestrian and vehicular areas and which are] detectable by a person who has a severe vision impairment, the boundary between the areas shall be defined by a continuous detectable warning not less than 36 inches wide, complying with Section 3106 (q). [E.] [E.] 37 ADA/Washington State July 12, 1994 01-03236 4.1.3 (17) Public Telephones: (a) If public pay telephones, public closed circuit telephones, or other public telephones are provided, then they shall comply with 4.31.2 through 4.31.8 to the extent required by the following table: Number of each type of Number of telephones telephone provided on required to comply with each floor 4.31.2 through 4.31.81 1 or more single unit 1 per floor 1 bank2 1 per floor 2 or more banks2 1 per bank. Accessible unit may be installed as a single unit in proximity (either visible or with signage) to the bank. At least one public telephone per floor shall meet the requirements for a forward reach telephone3. 1 Additional public telephones may be installed at any height. Unless otherwise specified, accessible telephones may be either forward or side reach telephones. 2 A bank consists of two or more adjacent public telephones, often installed as a unit. 3 EXCEPTION: For exterior installations only, if dial tone first service is available, then a side reach telephone may be installed instead of the required forward reach telephone (i.e., one telephone in proximity to each bank shall comply with 4.31). Comment: Issue 24. The references have been corrected to 3106(q) in the November 1992 amendments, see attached. 51-20-3105 (d) 2. Telephones. On any floor where public telephones are provided at least one telephone shall be accessible. On any floor where 2 or more banks of multiple telephones are provided, at least one telephone in each bank shall be accessible and at least one telephone per floor shall be designed to allow forward reach complying with Section 3106... Comment: Issue 25. To simplify the code provisions, the Washington regulations lumped all telephones available to the public as public telephones. Section 401(a) of the UBC requires the use of Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, to provide ordinary meanings for words not defined in the code. Webster's dictionary defines public as "a place accessible or visible to all members of the community." [E.] [E.] 38 ADA/Washington State July 12, 1994 01-03237 4.1.3 (19) (b) This paragraph applies to assembly areas where audible communications are integral to the use of the space (e.g., concert and lecture halls, playhouses and movie theaters, meeting rooms, etc.). Such assembly areas, if (1) they accommodate at least 50 persons, or if they have audio-amplification systems, and (2) they have fixed seating, shall have a permanently installed assistive listening system complying with 4.33. For other assembly areas, a permanently installed assistive listening system, or an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system shall be provided. The minimum number of receivers to be provided shall be equal to 4 percent of the total number of seats, but in no case less than two. Signage complying with applicable provisions of 4.30 shall be installed to notify patrons of the availability of a listening system. 4.1.3 (20) Where automated teller machines are provided, each machine shall comply with the requirements of 4.34 except where two or more machines are provided at a location, then only one must comply. EXCEPTION: Drive-up-only automated teller machines are not required to comply with 4.34.2 and 4.34.3. 51-20-3103 (a) 2. B. Assistive Listening Devices. Assistive listening systems complying with Section 3106 (u) 3 shall be installed in assembly areas where audible communications are integral to the use of the space including stadiums, theaters, auditoriums, lecture halls, and similar areas; where fixed seats are provided; as follows: 1. Areas with an occupant load of 50 or more. 2. Areas where an audio-amplification system is installed. Receivers for assistive-listening devices shall be provided at a rate of 4 percent of the total number of seats, but in no case fewer than two devices. In other assembly areas, where permanently installed assistive-listening systems are not provided, [electrical outlets shall be provided at a rate of not less than 4 percent of the total occupant load]. Signage complying with Section 3106 (p) shall be installed to notify patrons of the availability of the listening system. Comment: Issue 26. See comment on Issue No. 2, above. Also, for assembly spaces without fixed seats, the ADA language requiring "an adequate number of electrical outlets. ... to support a portable assistive listening system" is not readily enforceable. To provide more specific standards for building designers and regulators, the Washington code provides an exact number of electrical outlets. If the intent of the ADA is only an outlet for the system transmitter, then a number of outlets which is 4% of the occupant load is going to be more than "adequate" and will provide greater accessibility than the ADA. [Appendix 51-20-93120(a) Purpose. The purpose of this division is to provide the United States Architectural and Transportation Barriers Compliance Board Americans with Disabilities Act Guidelines for automated teller machines.] [E.] 39 ADA/Washington State July 12, 1994 01-03238 Comment: Issue 27. The ADA standards for ATM's are now located in the Appendix to Chapter 31. See page 970j of the Published Code.) As a total document, standards equivalent to the ADA are present and available for use. 51-20-3105 (d) 4. [Recreation Facilities. Where common or public use [recreation facilities,] swimming pools, hot tubs, spas and similar facilities are provided, they shall be accessible. Swimming pools shall be accessible by transfer tier, hydraulic chair, ramp or other means. Hot tubs and spas [need] be accessible only to the edge of the facility. [EXCEPTION: Common- or public-use facilities accessory to buildings not required to contain either Type A or Type B dwelling units in accordance with Section 3103(a)8B.] [This still does not provide scoping requirements. However, 28 C.F.R. S 36.607 provides that "if certain equipment is not covered by the [submitted] code, the determination of equivalency cannot be used as evidence with respect to the question of whether equipment in a building built according to the code satisfies the Act's requirements with respect to such equipment."] [Amendment: E.] 40 ADA/Washington State July 12, 1994 01-03239 4.1.5 Accessible Buildings: Additions. Each addition to an existing building or facility shall be regarded as an alteration. Each space or element added to the existing building or facility shall comply with the applicable provisions of 4.1.1 to 4.1.3, Minimum Requirements (for New Construction) and the applicable technical specifications of 4.2 through 4.35 and sections 5 through 10. Each addition that affects or could affect the usability of an area containing a primary function shall comply with 4.1.6(2). 51-20-3111 Additions. New additions may be made to existing buildings without making the entire building comply, provided the new additions conform to the provisions of Part II of this chapter except as follows: 1. Entries. Where a new addition to a building or facility does not have an accessible entry, at least one entry in the existing building or facility shall be accessible. 2. Accessible Route. Where the only accessible entry to the addition is located in the existing building or facility, at least one accessible route of travel shall be provided through the existing building or facility to all rooms, elements and spaces in the new addition which are required to be accessible. 3. Toilet and Bathing Facilities. Where there are no toilet rooms and bathing facilities in an addition and these facilities are provided in the existing building, then at least one toilet and bathing facility in the existing facility shall comply with Section 3106 or with Section 3112 (c) 5. 4. Group I Occupancies. Where patient rooms are added to an existing Group I Occupancy, a percentage of the additional rooms equal to the requirement of Section 3103 (a) 6., but in no case more than the total number of rooms required by Section 3103 (a) 6. shall comply with Section 3106 (w). Where toilet or bath facilities are part of the accessible rooms, they shall comply with Section 3106 (k). 5. Group R, Division 1 Apartment Buildings. Additions of 3 or fewer dwelling units in Group R, Division 1 apartment buildings need not comply with Part 1 of this chapter. Where an addition affects the access to or use of an area of primary function, to the maximum extent feasible, the path of travel to the area of primary function shall be made accessible. Comment: Issue 28. See comment on to Issue No. 19, above. [E.] 41 ADA/Washington State July 12, 1994 01-03240 4.1.6 Accessible Buildings: Alterations. (1) General. Alterations to existing buildings and facilities shall comply with the following: (1) (a) No alteration shall be undertaken which decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction at the time of alteration. (1)(b) If existing elements, spaces, or common areas are altered, then each such altered element, space, feature, or area shall comply with the applicable provisions of 4.1.1 to 4.1.3 Minimum Requirements (for New Construction). If the applicable provision for new construction requires that an element, space, or common area be on an accessible route, the altered element, space, or common area is not required to be on an accessible route except as provided in 4.1.6(2) (Alterations to an Area Containing a Primary Function). 51-20-3110 Alteration is any change, addition or modification in construction or occupancy. 51-20-3112 Alterations. (a) General. 1. Compliance Alterations to existing buildings or facilities shall comply with this section. No alteration shall reduce or have the effect of reducing accessibility or usability of a building, portion of a building or facility. If compliance with this section is technically infeasible, the alteration shall provide accessibility to the maximum extent feasible. 51-20-3112 (a) 1. EXCEPTION: Except when substantial as defined by Section 3110, alterations to Group R, Division 1 apartment buildings need not comply with this section. 51-20-0104 Application to Existing Buildings and Structures. (a) General. Buildings and structures to which additions, alterations or repairs are made shall comply with all the requirements of this code for new facilities except as specifically provided in this section. See Section 1210 for provisions requiring installation of smoke detectors in existing Group R, Division 3 Occupancies. (b) Addition, Alterations or Repairs. Additions, alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. . . (c) Any change in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 308 and 502 of this code. For existing buildings, see Appendix Chapter 1. 42 ADA/Washington State July 12, 1994 01-03241 4.1.6, Continued. (1) (c) If alterations of single elements, when considered together, amount to an alteration of a room or space in a building or facility, the entire space shall be made accessible. 4.1.6(k) EXCEPTION: (i) These guidelines do not require the installation of an elevator in an altered facility that is less than three stories or has less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, the professional office of a health care provider, or another type of facility as determined by the Attorney General. 4.1.6(k) EXCEPTION: (ii) The exemption provided in paragraph (i) does not obviate or limit in any way the obligation to comply with the other accessibility requirements established in these guidelines. For example, alterations to floors above or below the ground floor must be accessible regardless of whether the altered facility has an elevator. If a facility subject to the elevator exemption set forth in paragraph (i) nonetheless has a full passenger elevator, that elevator shall meet, to the maximum extent feasible, the accessibility requirements of these guidelines. 51-20-3112 (a) 2. Existing Elements. If existing elements, spaces, essential features or common areas are altered, each such altered element, space feature or area shall comply with the applicable provisions of Part II of this Chapter. Where an alteration is to an area of primary function, to the maximum extent feasible, the path of travel to the altered area shall be made accessible. See also Appendix Chapter 31 Division II. EXCEPTION 1: Accessible route of travel need not be provided to altered elements, spaces or common areas which are not areas of primary functions. 51-20-3112 (a) 4. Other Requirements. A. Where alterations of single elements, when considered together, amount to an alteration of a room or space in a building or facility, the entire area or space shall be accessible. 51-20-3112 (b) Substantial Alterations. Where substantial alteration as defined in Section 3110 occurs to a building or facility, the entire building or facility shall comply with Part II of this code. [EXCEPTION: Areas of evacuation assistance need not be added to a substantially altered building.] Comment: Issue 29. See comment on Issue No. 19, above. 51-20-3112(a)4.B. No alteration of an existing element, space or area of a building shall impose a requirement for greater accessibility than that which would be required for new construction. [E.] NE No equivalent provision. Section 51-30-3103 (a) 1 allows floors of more than 3000 square feet above and below accessible floors to be constructed without access features. 43 ADA/Washington State July 12, 1994 01-03242 4.1.6 (2) Alterations to an Area Containing a Primary Function: In addition to the requirements of 4.1.6(1), an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (See Section 36.403) Comment: Issue 30. See comment on Issue No. 16, above. 51-20-3112 (a) 2. Existing Elements. If existing elements, spaces, essential features or common areas are altered, each such altered element, space feature or area shall comply with the applicable provisions of Part II of this chapter. Where an alteration is to an area of primary function, to the maximum extent feasible, the path of travel to the altered area shall be made accessible. See Also Appendix Chapter 31, Division II. EXCEPTIONS: 1. Accessible route of travel need not be provided to altered elements, spaces or common areas which are not areas of primary function. 2. Areas of evacuation assistance need not be added to an altered building. [3. Subject to the approval of the building code official, the path of travel need not be made accessible if the cost of compliance with this part would exceed 20 percent of the total cost of construction, inclusive of the cost of eliminating barriers, within an 36-month period.] 51-20-3114 (a) 44 ADA/Washington State July 12, 1994 01-03243 Comment: Issue 31. With respect to this requirement, the Washington regulations will result in substantially more accessibility than the ADA. The Washington provision, now located in Sections 51-20-3111 and 3112(a)2 read as follows: ... [see above] The Washington provisions will result in more, rather than less improvements to the path of travel because of three differences between ADA and WSR: 1. Use of the exception is subject to review of the building official. The building official has the option of turning down the exception request, even if it exceeds 20%. 2. The Washington regulations do not require barrier removal. When a place of public accommodation does remove barriers, that action is treated as an alteration under the Washington regulations. If that action is occurring in an area of primary function, Washington law requires improvement to the path of travel, the ADA does not. 3. The Washington regulations require that 20% of the "total cost of construction" of the addition or alteration be applied to improving the path of travel. ADA requirements stated in Section 36.403(a) apply only to alterations which affect usability of, or access to an area of primary function. As such building modifications which don't affect access are not alterations under the ADA. These actions would not trigger the path of travel requirements nor their costs included in the determination of disproportional costs. In the Washington regulations, all the costs of the remodeling are included. [The 36-month provision will create a snowball effect, because you take 20% of the past 3 years, regardless of whether the path of travel requirement was satisfied in the previous alterations. The ADA looks back only if the path of travel requirement was not met on the prior alterations. However, this does not result in less accessibility. In addition, because the disproportionality provision in WAC is a waiver, it is not covered by the certification determination.] 45 ADA/Washington State July 12, 1994 01-03244 Example: A owner proposes remodels of a building which include alterations to areas of primary function, removal of barriers and other changes. The total cost of the construction is $200,000. Under Washington regulations, $40,000 must also be applied to improvements to the path of travel. Under the ADA, much less will be spent. $50,000 is being spent to remove barriers. Another $40,000 is being spent on elements which do not affect accessibility or usability. Leaving only $110,000 being applied to "alterations," as defined in ADA. Under ADA, only $22,000 need be applied to improving the path of travel, before a claim of disproportionality can be made. For further clarification of the application of the Washington regulations see Council Interpretation No. 93-14. Interpretation 93-14: Question: 1. A 500 square foot addition is being proposed to the basement of an existing Group B, Division 2 Occupancy. The existing basement area is 3,200 square feet. Currently the building has two stairway exits from the basement, but it is not served by an elevator. The addition is primary function area. When applying the path of travel requirements, where the applicant intends to pursue an appeal because of costs over 20%, is it required that up to 20% be spent, or can it be waived. 2. Are items 1, 2, and 3 of Section 51-20-3111 redundant with the requirement for improvements to the path of travel? Answer: 1. Each project should be considered on a case by case basis. If alterations to the path of travel exceed 20%, the intent of the code is that improvements to the path of travel be made to at least the 20% level. If however the only item needed to improve the path of travel costs more than the 20%, e.g. an elevator, then the expenditure on the path of travel can be "waived" at this time, but the amount should be added to future alterations or additions made in the subsequent 36 months. The code only requires improvements to the path of travel serving the addition or altered area. 2. Yes, items 1, 2, and 3 are part of the path of travel when additions are made to the area of primary function. 46 ADA/Washington State July 12, 1994 01-03245 4.1.6 (3) (c) Elevators: (i) If safety door edges are provided in existing automatic elevators, automatic door reopening devices may be omitted (see 4.10.6). (ii) Where existing shaft configuration or technical infeasibility prohibits strict compliance with 4.10.9, the minimum car plan dimensions may be reduced by the minimum amount necessary, but in no case shall the inside car area be smaller than 48 in by 48 in. (iii) Equivalent facilitation may be provided with an elevator car of different dimensions when usability can be demonstrated and when all other elements required to be accessible comply with the applicable provisions of 4.10. For example, an elevator of 47 in by 69 in (1195 mm by 1755 mm) with a door opening on the narrow dimension, could accommodate the standard wheelchair clearances shown in Figure 4. Fig. 4 Minimum Clear Floor Space for Wheelchairs. Fig. 4(d) Clear Floor Space in Alcoves. For a front approach, where the depth of the alcove is equal to or less than, 24 inches (610 mm), the required clear floor space is 30 inches by 48 inches (760 mm by 1220 mm). For a side approach, where the depth of the alcove is equal to or less than 15 inches (380 mm), the required clear floor space is 30 inches by 48 inches (760 mm by 1220 mm). Fig. 4(e) Additional Maneuvering Clearances for Alcoves. For a front approach, if the depth of the alcove is greater than 24 inches (610 mm), then in addition to the 30 inch (760 mm) width, a maneuvering clearance of 6 inches (150 mm) in width is required. For a side approach, where the depth of the alcove is greater than 15 inches (380 mm), then in addition to the 48 inch (1220 mm) length, an additional maneuvering clearance of 12 inches in length (305 mm) is required. 51-20-3112 (c) 4. Elevators. Elevators shall comply with Chapter 296-81, Washington Administrative Code. Comment: Issue 32. See comment on Issue No. 16, above. [E.] 47 ADA/Washington State July 12, 1994 01-03246 4.1.6 (3) (e) Toilet Rooms: (i) Where it is technically infeasible to comply with 4.22 or 4.23, the installation of at least one unisex toilet/bathroom per floor, located in the same area as existing toilet facilities, will be permitted in lieu of modifying existing toilet facilities to be accessible. Each unisex toilet room shall contain one water closet complying with 4.16 and one lavatory complying with 4.19, and the door shall have a privacy latch. (ii) Where it is technically infeasible to install a required standard stall (Fig. 30(a)), or where other codes prohibit reduction of the fixture count (i.e., removal of a water closet in order to create a double-wide stall), either alternate stall (Fig.30(b)) may be provided in lieu of the standard stall. (iii) When existing toilet or bathing facilities are being altered and are not made accessible, signage complying with 4.30.1, 4.30.2, 4.30.3, 4.30.5, and 4.30.7 shall be provided indicating the location of the nearest accessible toilet or bathing facility within the facility. 4.1.7 Accessible Buildings: Historic Preservation. (1) Applicability: (a) General Rule. Alterations to a qualified historic building or facility shall comply with 4.1.6 Accessible Buildings: Alterations, the applicable technical specifications of 4.2 through 4.35 and the applicable special application sections 5 through 10 unless it is determined in accordance with the procedures in 4.1.7(2) that compliance with the requirements for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the building or facility in which case the alternative requirements in 4.1.7(3) may be used for the feature. 51-20-3112 (c) 7. Toilet Rooms. A. Shared Facilities. The addition of one unisex toilet facility accessible to all occupants on the floor may be provided in lieu of making existing toilet facilities accessible when it is technically infeasible to comply with either part of Chapter 31. B. Number. The number of toilet facilities and water closets required by the Uniform Plumbing Code may be reduced by one, in order to provide accessible features. [C. Signage. When existing toilet facilities are altered and not all are made accessible, directional signage complying with Section 3106(p)3 and 4 shall be provided indicating the location of the nearest accessible toilet facility.] 51-20-3113 Historic Preservation (a) General. Generally, the accessibility provisions of this part shall be applied to historic buildings and facilities as defined in Section 104 (f) of this code. The building official, after consultation with the appropriate historic preservation officer, shall determine whether provisions required by this part for accessible routes of travel (interior or exterior), ramps, entrances, toilets, parking or signage would threaten or destroy the historic significance of the building or facility. If it is determined that any of the accessibility requirements listed above would threaten or destroy the historic significance of a building or facility, the modifications of Section 3112 (c) for that feature may be utilized. [N.E. Need to address placement of the unisex toilet in the same area as existing facilities.] 48 ADA/Washington State July 12, 1994 01-03247 4.1.7 (1) (b) Definition. A qualified historic building or facility is abuilding or facility that is: (i) Listed in or eligible for listing in the National Register of Historic Places; or (ii) Designated as historic under an appropriate State or local law. 4.1.7 (2) Procedures: (a) Alterations to Qualified Historic buildings and Facilities Subject to Section 106 of the National Historic Preservation Act: 4.1.7 (2) (a) (i) Section 106 Process. Section 106 of the National Historic Preservation Act (16 U.S.C. 470 f) requires that a Federal agency with jurisdiction over a Federal, federally assisted, or federally licensed undertaking consider the effects of the agency's undertaking on buildings and facilities listed in or eligible for listing in the National Register of Historic Places and give the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking prior to approval of the undertaking. 4.1.7 (2) (a) (ii) ADA Application. Where alterations are undertaken to a qualified historic building or facility that is subject to section 106 of the National Historic Preservation Act, the Federal agency with jurisdiction over the undertaking shall follow the section 106 process. If the State Historic Preservation Officer or Advisory Council on Historic Preservation agrees that compliance with the requirements for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the building or facility, the alternative requirements in 4.1.7(3) may be used for the feature. 51-20-0104 (f) Historic Buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to all the requirements of this code when authorized by the building official, provided: 1. The building or structure has been designated by official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance. 2. Any unsafe conditions as described in this code are corrected. 3. The restored building or structure will be no more hazardous based on life safety, fire safety and sanitation than the existing building. 49 ADA/Washington State July 12, 1994 01-03248 4.1.7 (2) (b) Alterations to Qualified Historic Buildings and Facilities Not Subject to Section 106 of the National Historic Preservation Act. Where alterations are undertaken to a qualified historic building or facility that is not subject to section 106 of the National Historic Preservation Act, if the entity undertaking the alterations believes that compliance with the requirements for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the building or facility and that the alternative requirements in 4.1.7(3) should be used for the feature, the entity should consult with the State Historic Preservation Officer. If the State Historic Preservation Office agrees that compliance with the accessibility requirements for accessible routes (exterior and interior), ramps, entrances or toilets would threaten or destroy the historical significance of the building or facility, the alternative requirements in 4.1.7(3) may be used. 4.1.7 (2) (c) Consultation With Interested Persons. Interested persons should be invited to participate in the consultation process, including State or local accessibility officials, individuals with disabilities, and organizations representing individuals with disabilities. 4.1.7 (2) (d) Certified Local Government Historic Preservation Programs. Where the State Historic Preservation Officer has delegated the consultation responsibility for purposes of this section to a local government historic preservation program that has been certified in accordance with section 101(c) of the National Historic Preservation Act of 1966 (16 U.S.C. 470a (c)) and implementing regulations (36 CFR 61.5), the responsibility may be carried out by the appropriate local government body or official. 51-20-3113 (a) ... The building official, after consultation with the appropriate historic preservation officer, shall determine whether provisions required by this part for accessible routes of travel (interior or exterior), ramps, entrances, toilets, parking or signage would threaten or destroy the historic significance of the building or facility. If it is determined that any of the accessibility requirements listed above would threaten or destroy the historic significance of a building or facility, the modifications of Section 3112 (c) for that feature may be utilized. 50 ADA/Washington State July 12, 1994 01-03249 4.1.7 (3) Historic Preservation: Minimum Requirements: (a) At least one accessible route complying with 4.3 from a site access point to an accessible entrance shall be provided. EXCEPTION: A ramp with a slope no greater than 1:6 for a run not to exceed 2 ft (610 mm) may be used as part of an accessible route to an entrance. 51-20-3113 (b) Special Provisions. Where removing architectural barriers or providing accessibility would threaten or destroy the historic significance of a building or facility, the following special provisions may be used; 51-20-3113 (b) 1. At least one accessible route from a site access point to an accessible route shall be provided. 51-20-3112 (c) Modifications. 1. General. The following modifications set forth in this section may be used for compliance where the required standard is technically infeasible or when providing access to historic buildings 51-20-3112 (c) 2. Ramps. Curb ramps and ramps constructed on existing sites, or in existing buildings or facilities, may have slopes and rises as specified for existing facilities in Chapter 31, where space limitations prohibit the use of 1 vertical in 12 horizontal slope or less provided that: A. A slope of not greater than 1 vertical in 10 horizontal is allowed for a maximum rise of 6 inches. B. A slope not greater than 1 vertical in 8 horizontal is allowed for a maximum rise of 3 inches. C. Slopes greater than 1 vertical in 8 horizontal are prohibited. 51 ADA/Washington State July 12, 1994 01-03250 51-20-3114 Appeal (a) Request for Appeal. An appeal from the standards for accessibility for existing buildings may be filed with the building official in accordance with Section 204, when Existing structural elements or physical constraints of the site prevent full compliance or would threaten or destroy the historical significance of a historic building. 51-20-3114 (b) Review. 1. Consideration of Alternative Methods. Review of appeal requests shall include consideration of alternative methods which may provide partial access. 51-20-3114 (b) 2. Waiver or Modification of Requirements. The appeals board may waive or modify the requirements of this section when it is determined that compliance with accessibility requirements would threaten or destroy the historic significance of a building or facility. 52 ADA/Washington State July 12, 1994 01-03251 Comment: Issue 33. The Washington request is for a determination of equivalency of the design and construction standards between the Washington Building Code and the ADA provisions. In the commentary to the final rule publication (page 35591, Federal Register, Volume 56, No 144); the Department of Justice implies that it will not be reviewing procedures as part of the certification process. The Washington procedure is only at slight variance from those contained in the ADA. The Washington law requires that the building official consult with the appropriate preservation officer. Therefore, if the building is on the National Register of Historic Places, the national process will have to be consulted. If it is a State or local landmark, that state or local process will be followed. Under the building code, the ultimate authority for review and issuance of permits lies with the building official. That duty technically can't be delegated to another agency or person outside of the direct authority of the building official. This is the main reason behind the difference in the Washington procedure. The net effect may actually be more accessibility, in that a building official may be less likely to waive accessibility standards and requirements because of perceived impacts on historic significance than the specific historic preservation officer. Comment: Issue 34. See comment on Issue No. 33, above. [Because the historic preservation provisions of WAC constitute a waiver, they are not covered by the certification determination.] 53 ADA/Washington State July 12, 1994 01-03252 3/23/94 letter from Washington State Building Code Council. Issue 33 - Historic Buildings. The Washington State Building Code requires local building officials to consult with the appropriate preservation officer prior to approving use of alternative standards for accessibility for an historic building. Questions were raised whether the state process was similar to the national process. According to Mary Thompson, Assistant Director of the Washington State Office of Archeology and Historic Preservation, state and local historic offices are required to parallel the national process. See attached letter. Thompson letter. This letter is written to describe the process for entering properties onto the Washington State Register of Historic Places. The State Register is intended to give recognition and encourage protection to places having historic significance in the State of Washington. The State Register process closely parallels the National Register process. Nominations are accepted by this office and are reviewed against the State Register Criteria (copy enclosed). That review takes place first at a staff level and then before the Washington State Advisory Council on Historic Preservation. If, in the judgment of the Advisory Council, a property meets the outlined criteria, they may recommend it to the State Historic Preservation Officer that it be placed on the State Register. The final de