ADA: IMPLICATION FOR FIRE PROTECTION

ADA: IMPLICATION FOR FIRE PROTECTION

Almost all of the articles written about the Americans with Disabilities Act (ADA) that have appeared in fire protection publications have dealt solely with the act’s effect on employment practices. While the ADA will have an impact on the employment practices of the fire service, an in-depth analysis of the act and the guidelines issued subsequent to the act reveals a substantial impact on the fire protection features of buildings and facilities, with subsequent impact on prefire planning and incident tactics.

The ADA was signed into law by President Bush on July 26, 1990. The act has been described by the White House as the “broadest expansion of the nation’s civil rights law since the Civil Rights Act of 1964″ and expands the federal civil rights laws to include an estimated 43 million disabled Americans. The law will allow these individuals an unprecedented opportunity to become active participants in the mainstream of American life.

The act is broken down into five Titles: Title 1 is the employment section; Title II, Public Entities; Title III. Public Accommodations; Title IV, Telecommunications; and Title V, miscellaneous provisions. This article focuses on the provisions of Title 11 and Title III that directly affect fire protection features of buildings and facilities.

The provisions of Title II apply to public entities. Public entities include any state or local government; any department, agency, special purpose district, or other instrumentality of a state or states or local government; and any commuter authority. Title III provisions apply to public accommodations and commercial facilities. Public accommodations are facilities such as hotels, motels, restaurants, bars, theaters, concert halls, stadia, auditoriums, convention centers, lecture halls, mercantile occupancies, professional offices, healthcare facilities, museums, libraries, amusement parks, schools, homeless shelters, and places of exercise or recreation. Commercial facilities are those intended for nonresidential use by a private entity whose operations affect commerce.

Who owns/operates the property determines whether a building/facility falls under Title II or Title 111 Several of the specific occupancies listed under Title III possibly can be Title II facilities if they are owned or operated by a state or local governmental entity. An example would be a museum. If the museum were priv ately owned/operated, it would be a Title III facility; but if it were owned/ operated by a state or local governmental entity, it would be considered a Title II facility.

The law provides that the Department of Justice establish guidelines for making buildings and facilities accessible to and usable by individuals with disabilities. Under the ADA, disability is defined as “(a) A physical or mental impairment that substantially limits one or more of the major life activities of an individual; (b) A record of such impairment; or (c) Being regarded as having an impairmerit.” The guidelines reflect the purpose of the ADA. which is “to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities….” After extensive public input and debate. the Department of Justice issued the final guidelines on July 26, 1991; they were published in the Federal Register and are known as the Americans with Disabilities Act Accessibility Guidelines, or ADAAG.

The ADAAG applies to new and existing buildings and facilities. In public entity buildings, all new consi ruction started, or for which the invitation to bid was issued, after January 26, 1992, shall comply with either the ADAAG or the I’niform Federal Accessibility Standards (I ‘FAS). Since the ADAAG provides a higher degree of accessibility and usability, it is the preferred document. For existing public entity buildings, a survey must be conducted by July 26, 1992, to identify any deviations from the guidelines, and all corrective actions must be completed by January 26, 1995.

For public accommodations and commercial facilities, all new construction started, or for which the invitation to bid was issued, after January 26, 1992, and for which the first occupancy is after January 26,

1993, must fully comply with the ADAAG. Existing public accommodations and commercial facilities must be surveyed to identify any deviations from the ADAAG, and—where it is readily achievable—all architectural and communications barriers must have been removed by January 26, 1992. “Readily achievable” is defined in the ADA as “easily accomplishable and able to be carried out without much difficulty or expense.” The law recognizes that what may be readily achievable for a large, profitable company may not be readily achievable for an economically marginal company. Since the ADAAG applies to existing facilities, it is recommended that any new construction conform as much as possible, even when construction is started prior to January 26, 1992, or when first occupancy is prior to January 26, 1993-

All alterations and additions to Title II and Title 111 buildings and facilities must comply. All buildings should be evaluated on a periodic basis to identify any new barriers and to ensure that the accessibility and usability features are being properly maintained. Buildings and facilities of religious organizations and private clubs are exempt from the ADA, provided that the buildings and facilities are used only by their members.

The ADAAG has several sections that have a direct impact on the fire protection features; and in most instances, these will result in greatly improved levels of fire safety in buildings and facilities.

MEANS OF EGRESS

Prior to the ADAAG, it was common practice for only the main entrance to be made accessible for the disabled. The main emphasis was placed on ingress, not egress. Obviously, this greatly limited the availability of an accessible means of egress for the disabled under fire or other emergency conditions. Under the ADAAG, at least 50 percent of all entrances and 100 percent of all building/fire code-required means of egress (exits) must be fully accessible. For example, a building that has six means of egress of which only two are required by the applicable building/fire codes would be required under the ADAAG to have three of the means of egress fully accessible.

AREAS OF RESCUE ASSISTANCE

The ADAAG requires that “areas of rescue assistance” be provided in all new unsprinklered buildings where the required exit from an occupied level is above or below the level of exit discharge. To be classified as a sprinklered building, the sprinkler system must comply with the appropriate codes and standards and must be fully supervised. Supervision must be electrical/electronic and be connected directly or through a central station facility to the fire department legally committed to serve the property. Activation of the sprinkler system shall activate the building evacuation alarm. In addition, where a system may be disabled by a closing of valves, an interruption of power, or some other means, supervision shall be provided to sound a trouble alarm at a continuously manned location.

Areas of rescue assistance can be any one of the following:

• A portion of a stairway landing within a smokeproof enclosure that complies with the local code requirements.
• A portion of an exterior exit balcony located immediately adjacent to an exit stairway, when the balcony complies with the local requirements for exterior exit balconies. Openings to the interior of the building located within 20 feet of the area of rescue assistance must be protected with 45minute fire rated assemblies.
• A portion of a one-hour fire resis-
• tive corridor that complies with the local code requirements and is located immediately adjacent to an exit enclosure.
• A vestibule located immediately adjacent to an exit enclosure and constructed to the same fire resistivestandards required for corridors and openings.
• A portion of a stairway landing within an exit enclosure that is vented to the exterior and is separated from the interior of the building with not less than one-hour fire resistive doors.
• When approved by the local authority, an area or room that is separated from other portions of the building by a smoke barrier. Smoke barriers shall have a fire resistance rating of not less than one hour and shall completely enclose the area or room. Doors in the smoke barrier shall be tight-fitting smoke-and-dralt-control assemblies with a fire resistance rating of not less than 20 minutes and shall be self-closing/automalic-elosing. The area or room shall be provided with an exit directly into an exit enclosure.
• The room or area shall have the same tire resistant construction required for the exit enclosure.
• An elevator lobby can be used as an area of rescue assistance when the elevator shafts and adjacent lobbies are pressurized as required for smokeproof enclosures, as is required by local codes. Such pressurization systems shall be activated by smoke detectors on each floor located in a manner approved by the local authority. Pressurization equipment and ductwork within the building shall be separated from other portions of the building by at least two-hour tire resistive construction.
• A horizontal exit meeting all of the requirements of the local building and fire codes.

Each area of rescue assistance shall provide a clear floor area of 60 inches by 60 inches (maneuvering space) and at least two areas 30 inches by 48 inches. When the occupant load exceeds 200 persons, at least one additional 30-inch by 48-inch area must be provided for every 200 persons.

Each stairway adjacent to an area of rescue assistance must have a minimum clear width of 48 inches between handrails.

Each area of rescue assistance shall be provided with a two-way communication system that provides visible and audible signals. The system shall be connected with the primary entry point of the building, and the location of the equipment shall be approved by the local fire department.

Finally, every area of rescue assistance must be identified by a sign that states “Area of Rescue Assistance,” displays the international symbol of accessibility, and is illuminated as required for an exit sign. Signs clearly must identify the accessible route. Each area shall provide instructions on how to use the area under emergency conditions, including how to operate the two-way communication system.

Simply stated, if a building is not protected throughout by an approved, supervised automatic sprinkler system, then the building must be provided with areas of rescue assistance at the appropriate location(s) and must meet the construction requirements for an area of rescue assistance. This area of rescue assistance cannot encroach on the required means of egress.

Prefire planning of rescue-assistance areas is essential. Fire departments must know where they are and how they will affect rescue and suppression SOPs.

FIRE ALARM SYSTEMS

The ADAAG also affects how firealarm systems are to be installed. The minimum audible signal level in all rooms or spaces must be at least 15 dbA over the normal ambient. Sound levels cannot exceed 120 dbA. In addition, visual alarm signals must be provided in all corridors; restrooms; and general-usage areas such as meeting rooms, lobbies, and common-use areas.

Visual alarms must be installed in accordance with the appropriate National Fire Protection Association standards and shall comply with the following:

• The lamp shall be xenon strobe type or equivalent.
• The color shall be clear or nominal white.
• The maximum pulse duration shall be two-tenths of one second with a maximum duty cycle of 40 percent. The pulse duration is defined as the time interval between initial and final points of 10 percent of the maximum signal.
• The intensity shall be a minimum of ~5 candela.
• The flash rate shall be a minimum of 1 Hz and a maximum of 3 Hz.
• The appliance shall be placed 80 inches above the highest floor level within the space or six inches below the ceiling, whichever is lower.
• In general, no place in any room or space (required to have a visual Signal) shall be more than 50 feet from the signal measured in the horizontal plane. In large rooms and spaces exceeding 100 feet across without obstructions six feet above
• the finished floor, such as auditoriums, devices may be placed around the perimeter spaced a maximum 100 feet apart in lieu of suspending appliances from the ceiling.
• No place in common corridors or hallways shall be more than 50 feet from a visual alarm.

Single-station smoke detectors located in hotel/motel rooms or in other areas where persons who are hearing-impaired may work or reside also must be equipped with a visual alarm. Visual alarms alone are not necessarily the best means of alerting sleepers. For hotel and other rooms where people are likely to be asleep, a signalactivated vibrator placed between the mattress and box spring or under a pillow was found by Underwriters Laboratories to be much more effective in alerting sleepers. Many readily available devices are sound-activated so that they could respond to a room smoke detector or system alarm. Activation by a building alarm system can be accomplished either by a separatecircuit activating an auditory alarm, which in turn would trigger the vibrator, or by a signal transmitted through the ordinary 110-volt outlet.

ELEVATORS

Another area of impact involves elevators. In new construction, at least one passenger elevator shall be provided to serve each level, including mezzanines, in all buildings threestories or more in height—or that contain 3,000 or more square feet— and all shopping centers, shopping malls, and buildings containing a professional office of a healthcare provider.

While the ADAAG does not require standby power for elevators, installing such systems is recommended by some experts. Accessible elevators represent an acceptable means of assisted evacuation of persons with disabilities from a building under fire or similar emergency conditions. Since it is common and standard procedure for the fire department to deenergize the main electrical service under fire conditions, providing standby power allows the fire department to deenergizc the building as necessary while still allowing the elevators to be operated in “fire service.”

PUBLIC REPORTING SYSTEMS

Title II also affects the fire service in the area of public reporting systems. Telephone emergency services, including 91 I services, must provide direct access to individuals with speech or hearing impairments. This requires installing telecommunications devices for deaf persons (TDD) equipment.

PROTRUDING OBJECTS AND CONTROLS

Objects projecting from walls (i.e., fire extinguishers) with their leading edges between 27 inches and 80 inches above the finished floor cannot protrude more than four inches. This also applies to standpipe outlets located in hallways and stairwells. Controls. including manual pull stations, must be mounted so that the operating mechanism is not more than 48 inches above the finished floor. Controls and operating mechanisms shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls shall not exceed five pounds-force.

The ADAAG contains other extensive requirements for making buildings and facilities accessible to and usable by individuals with disabilities. While the local or state code officials are not charged by the ADA to enforce the requirements, they have a professional responsibility to be cognizant of the requirements and to inform others of them.

Code-enforcement officials as well as design professionals also should be aware that no federal agency provides plan review or survey services for compliance with the ADAAG. The ADA allows the U S. Attorney General to certify that a state law’, local building code, or similar ordinance that establishes accessibility requirements meets or exceeds ADAAG requirements. Any state or local government may apply for certification of its code or ordinance. The Attorney General can certify a code or ordinance only after prior notice has been given and a public hearing is held to provide interested people, including those with disabilities, an opportunity to testify.

The provisions of the ADA or ADAAG do not apply to single and multifamily housing. Multifamily housing that is privately funded must comply only with the provisions of the applicable local/state building code. Housing constructed with federal monies or that involves federal assistance programs must comply with the Minimum Property Standard for Housing by the Department of Housing and Urban Development (HUD) and the Uniform Federal Accessibility Standards. This would include such properties as public housing, Section 8 housing, and projects involving HUD financing. Elderly housing projects constructed with federal monies or that involve federal assistance programs have special requirements under the HUD Minimum Property Standard for Housing. Renovations/alterations to such property must comply; and when the cost of the renovations/alterations exceeds 75 percent of the replacement cost of the building, the entire building must be brought into compliance.

1 believe that the greatest impact that the ADAAG will have on fire protection features will be to act as an additional incentive for installing automatic sprinkler systems. The code enforcement official should takefull advantage of the logical preference for installing automatic sprinklers over providing areas of rescue assistance.

Knowledge of this far-reaching legislation and the impact it has on your department is a responsibility that you should accept. Copies of the ADA and the full ADAAG can be obtained from the U.S. Department of Justice, Civil Rights Division. Coordination and Review Section. P.O. Box 66118, Washington, DC 20035-6118, (202) 514-0301.