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Fire Stations and ADA

globe trekker

Registered User
Joined
Oct 19, 2009
Messages
1,739
Greetings to you all!

I have an existing fire station that is being remodeled / updated. They will have

new fire rated assemblies separating the various Occ. Groups ( S-1 from R-2 from

B ). The RDP has some ADA components indicated on the plans. The newly

remodeled bathroom has a shower that is not ADA compliant.

The Fire Chief is telling me that because they are considered a "restricted use

/ restricted access" (para-military) type of organization, that they do not have

to have a fully ADA facility, and that the Fair Labor Standards Act (FLSA) allows

this exemption. Also, that there is case law that will also support these types

of exemptions.

What say ye, `O learned Forum members & guests?

.
 
Even if they are exempt from ADA...they are not exempt from the building code...how about 3409.6? Or 3409 in general? Here...technically infeasible is determined by the State BO and the State Office of Advocacy for people w/ disabilities.....we don't see too many exceptions....
 
The ADA does require for all new buildings constructed by a state or local government be accessible

Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG).

Although fire stations are built for first responders, the stations shall be constructed to comply with accessibility standards for kitchen, dormitories, libraries, laundry rooms, meeting rooms, restrooms, etc., particularly when such facilities are used by non firefighters.

The ADAAG addresses in detail the requirements to be met in facility construction in order to be in compliance with the ADA including but not limited to; work areas, building additions, parking, signs, entrances, water fountains, storage and shelves, assembly areas, bathrooms, historic buildings and residential facilities. Work area requirements apply to those areas “used only by employees as work areas be designed and constructed so that individuals with disabilities can approach, enter and exit the areas”

At a minimum the bathing and restroom facilities will need to be adaptible, just as in a "private restroom" in other threads on this site.
 
The Fire Chief is telling me that he cannot ( and will not) allow anyone in the facility; other

than the general public, and that anyone that is not fit for duty cannot use the shower,

for liability reasons. Also, he, as the Fire Code Official; DOES have the authority to

limit the use of the resources and facilities under his charge of responsibility, ..so

typically, the general public will not be using the shower or cooking in the kitchen area,

and that anyone who is not fit for duty also cannot use those elements within the station,

because of potential litigation (EX: If the Fire Chief allows one of his staff; or other

municipal employees or even the general public, to use the facilities and that person

somehow gets hurt, or causes someone else to get hurt, or anything else, then the

municipality could be sued and he could be terminated. )

It's a CYA Factor for sure, regardless of any Chapter in the Building Code, or the ADA!

Now what say ye?

.
 
The ADA does not use the "General Public" term.

The station must allow access to Work areas requirements apply to those areas “used only by employees as work areas be designed and constructed so that individuals with disabilities can approach, enter and exit the areas”. And at a minimum the bathing and restroom facilities will need to be adaptible, the only time a "private restroom" can be applied is when accessed though a private office.
 
The Fire Chief is telling me that he cannot ( and will not) allow anyone in the facility; other

than """""the general public,"""""

So will the general public be allowed in?????
 
cda said:
The Fire Chief is telling me that he cannot ( and will not) allow anyone in the facility; otherthan """""the general public,"""""

So will the general public be allowed in?????
General Public, but not disabled people. Including any disabled Firefighters.....

Blacks must use the colored door....
 
FIRE CHIEF Magazine

Monday, February 6, 2012

Special Access

Apr 1, 2007 12:00 PM

By Mary McGrath

http://firechief.com/station-design/firefighting_special_access/

Many believe that because firefighters are able-bodied, only the public areas of a fire station need disability access. Building codes in some states support this position by specifically providing exceptions for accessibility in the non-public areas of a fire station. However, the American with Disabilities Act doesn't allow such exceptions.

Although ADA standards will affect the design of every space within the station and most of those spaces require planning, many modifications don't add space or cost to a new facility.

Building features

The ADA requires the elimination of physical and communication barriers that prevent people with disabilities from fully participating in community life. Title II, Nondiscrimination on the Basis of Disability in State and Local Government Service, applies to public entities including districts, city governments, towns and villages, and the fire departments that serve them. This standard covers all government facilities, including fire stations.

When U.S. Rep. Joe Scarborough (R-Fla.) questioned the requirement of an elevator in a 2-story fire station, the Civil Rights Division of the Department of Justice responded, “… ADA standards require covered entities to provide an accessible mean of vertical access (such as a ramp, lift or elevator) to connect all floor levels in multi-story buildings.”

Scarborough's request was based on the assumption that if the principal users of a facility are able-bodied individuals, the facility may be designed exclusively to serve them. However, “even if a fire department could establish that the employment requirements of Title I and Title II of the ADA support the exclusion of people with mobility impairments from employment as firefighters, that fact does not support the conclusion that no person with a disability will need access to the second floor of a fire station.” This means that no matter what is on the second floor, an elevator is required in multi-story fire stations.

Besides the elevator, there are a number of accessible elements of fire station design that must be considered, depending on the programs and functions that occur within the station. The fire service needs to consider physical barriers such as stairs, restrooms/locker rooms, doors and accessible routes into and through a fire facility. All stations require van accessible parking and an accessible path of travel to, in and throughout the facility.

The range of disabilities that the fire station must accommodate includes not only mobility impairments but also vision and hearing impairments. For instance, a community room may need to be equipped with assisted-listening devises. TTY phones may need to be included at emergency phones. The station also may need accessible signage providing building identification and fire alarms with visible signals.

Program access

ADA regulations apply to more than your stations. All publicly funded fire department programs, services and activities must comply with the ADA because they are considered “instrumentalities” of the government. For the fire service, that means Community Emergency Response Team programs, station tours, pancake breakfasts, and fire prevention and education programs all must allow the disabled to participate fully.

The fire department also must take the ADA into account for emergency response planning. For instance, the department's evacuation plan must enable those who have mobility, vision or hearing impairments; cognitive disabilities; mental illness; or other disabilities to safely self-evacuate or be evacuated by others. The fire department will need to ensure that its emergency warning system also includes an alternate system to inform those with hearing impairments of an impending disaster.

Emergency management procedures also must address accessibility to emergency shelters or refuge areas. This includes planning for shelters with emergency generators that can run a refrigerator to keep medications cold (or planning for a cooler and having ice available) and planning to accommodate service animals so that people who use such animals aren't unnecessarily separated from them. In general, an emergency shelter must provide the same level of access for parking, exterior routes and entrances, interior routes to the shelter area and toilet rooms as other public buildings.

Finally, the municipality must ensure that any entity providing emergency services on a contract basis comply with the provisions of the ADA on its behalf.

From communication to evacuation and sheltering, every step of the way requires access for the disabled community to be considered in the planning process.

--------------------------------------------------------------------------------

Mary McGrath, AIA, is the director of civic architecture for Ratcliff in Emeryville, Calif., and has dedicated her 20-year career to the planning and design of public safety facilities. She can be reached at
 
Text-only version

U.S. Department of Justice

Civil Rights Division

Coordination and Review Section

DJ 204-45-0 P.O. Box 66118

Washington, D.C. 20035-6118

Sheri E. Long, Esquire

Assistant City Attorney

City of Omaha

Omaha/Douglas Civic Center

1819 Farnam Street

Suite 804

Omaha, Nebraska 68183-0804

Dear Ms. Long:

This letter responds to the issues you raised in your letter of August 2, 1993, and in your December 14, 1993, phone conversation with Anne Marie Pecht, of my staff. In your letter you requested our opinion as to whether certain renovations that the City of Omaha is planning to make in a number of its firehouses will comply with the requirements of the Americans with Disabilities Act of 1990 (ADA). After Ms. Pecht spoke with you she discovered that you had also raised these issues in a letter to Senator Kerrey, which was recently forwarded to this office for our assistance in responding. You may already have received a response through Senator Kerrey's office. Because Ms. Pecht spoke directly with you she was able to provide the additional, more specific, information included in this letter.

The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities with rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the requirements of the ADA. It does not, however, constitute a legal interpretation and is not binding on the Department of Justice.

As you discussed with Ms. Pecht, you are aware that the ADA does not require the City of Omaha to renovate its firehouses, unless renovations are necessary to provide program access. We understand, however, that you are making these renovations for

other purposes. Section 35.151 of the enclosed title II regulation covers new construction and alterations by entities subject to title II of the ADA, that is, State and local governmental entities such as the City of Omaha. Section 35.151(b) of the title II regulation requires that any alteration to a title II facility that affects or could affect the usability of the facility must, to the maximum extent feasible, be made in such a manner that the altered portion of the facility is "readily accessible to and usable by individuals with disabilities." Section 35.151© of the title II regulation currently allows title II entities to meet this requirement by following either the Uniform Federal Accessibility Standards

(UFAS) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), except that the elevator exception contained in sections 4.1.3(5) and 4.1.6(1)(k) of ADAAG is not available for title II facilities.

We understand that the City of Omaha has selected ADAAG as its accessibility standard. Therefore, the balance of this discussion will refer to the applicable sections of ADAAG. (As you discussed with Ms. Pecht, the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) and the Department of Justice are in the process of amending ADAAG to include provisions directly applicable to title II facilities.

After the revised Accessibility Guidelines are adopted by the Department of Justice, title II entities will be required to

follow ADAAG and will no longer have the option of following UFAS. (We look forward to receiving any comments you may have on

the proposed title II Guidelines when they are published by the Department of Justice.)

Your letter attempts to distinguish between renovations to bathroom and shower facilities in fire stations that are used solely by fire fighters (and not open in any way to members of the public) and renovations to those same facilities in fire stations that you plan to use for civil defense purposes. Under title II, however, restrooms and shower facilities (along with employee lounges, cafeterias, health units, and exercise facilities) are considered common use areas, and must be

constructed or altered in full compliance with ADAAG, whether they are open to the public or are planned to be used solely by employees (such as fire fighters) who must meet rigorous physical qualification standards in order to perform the essential functions of their jobs.

Note, however, that areas used only by employees as work areas are subject to a more limited requirement. section 4.1.1(3) of ADAAG provides that employee work areas must be designed and constructed so that employees with disabilities can approach, enter, and exit such areas. The adaptations required by an individual employee with disabilities to permit that individual to work within the work area would, as you pointed out, be treated on a case-by-case basis as a reasonable accommodation under the standards established under title I of the ADA. The requirements applicable to employee work and common use areas are discussed in section III-7.3110 of the enclosed title III Technical Assistance Manual. For your convenience, we have also enclosed a copy of the title II Manual.

The basic rule for alterations under ADAAG is that, when existing elements, spaces, or common areas are altered, each altered element, space, feature, or area shall comply with the applicable ADAAG requirements for new construction. See section 4.1.6(1)(b). The requirements for accessible toilet rooms (i.e., rooms that include fixtures such as water closets, toilet stalls, urinals, and lavatories) are located in section 4.22 of ADAAG. The requirements for accessible bathrooms, bathing facilities, and shower rooms are located in section 4.23.

An exception to full compliance with the standards for new construction is made when compliance would be "technically infeasible", as that term is defined under section 4.1.6(l)(j) of ADAAG. If it is technically infeasible to comply with 4.22 or 4.23 when altering toilet or bathing facilities, section 4.1.6(3)(e)(i) permits the installation of one unisex facility located in the same area as the existing facilities, in lieu of modifying the existing facilities to be accessible. If stalls are provided, section 4.1.6(3)(e)(ii) permits the use of one of the smaller alternate stalls where it is technically infeasible to install a standard stall.

As we understand it, there are three possible situations you may encounter in undertaking this renovation project, as follows: (i) an existing men's toilet room and/or shower room will be renovated and comparable women's facilities will be added; (ii) an existing men's toilet and/or shower room will be converted to unisex use; or (iii) a completely new unisex toilet and/or shower room will be added.

With respect to situation (i) above, the renovated men's facilities and the new women's facilities must comply with ADAAG standards for new construction, unless compliance is technically infeasible, in which case you may either install a unisex toilet and/or shower room as provided in section 4.1.6(3)(e)(i), or reduce the stall size as permitted by section 4.1.6(3)(e)(ii)

Please note, however, that the technical infeasibility exception is meant to be a very limited exception to the requirement for

accessibility in alterations. When entirely new facilities (such as the planned women's facilities) are located within an existing building, the exception for technical infeasibility will be very strictly interpreted. With respect to the situation described in (ii) above, it is permissible to convert an existing men's toilet and/or shower room to a unisex room. In the situation described in (iii) above, it is permissible to create a single new unisex toilet and/or shower room. In both cases the new unisex rooms must comply with the ADA Guidelines.

4

For assistance in complying with technical aspects of the ADA Accessibility Guidelines, you may wish to contact an accessibility specialist at the Access Board by telephone at 800-USA-ABLE or 202-272-5434, or by TDD at 202-272-5449.

I hope this information has been helpful to you.

Sincerely,

Stewart B. Oneglia

Chief

Coordination and Review Section

Civil Rights Division

Enclosures (3)

01-02888
 
March 24, 1999

http://www.justice.gov/crt/foia/readingroom/frequent_requests/ada_coreletter/ltr220.php

The Honorable Joe Scarborough

U.S. House of Representatives

Washington, D.C. 20515

Dear Congressman Scarborough:

I am responding to your letter on behalf of State Representative Jerry Melvin regarding the application of the new construction requirements of the Americans with Disabilities Act of 1990 (ADA) to the construction of fire stations. Mr. Melvin questions the conclusion of the State of Florida that the ADA (and the Florida Accessibility Code for Building Construction) require the installation of an elevator to provide access to the second floor of a fire station.

Title II of the ADA prohibits discrimination on the basis of disability in all of the programs, services, and activities of a public entity. Both title I and title II of the ADA prohibit discrimination on the basis of disability in employment. One aspect of this nondiscrimination mandate is the obligation to ensure that all new public buildings and facilities are readily accessible to and usable by individuals with disabilities. The federal regulation implementing title II (28 C.F.R. pt.35) permits covered entities to meet this obligation by complying with either of two design standards -- the Uniform Federal Accessibility Standards (UFAS) or the ADA Standards for Accessible Design.

Both UFAS and the ADA Standards require covered entities to provide an accessible means of vertical access (such as a ramp, a lift, or an elevator) to connect all floor levels in multi-story buildings. Mr. Melvin objects to this requirement because he believes that individuals with disabilities who require the use of an elevator are not eligible to be fire fighters.

Mr. Melvin's analysis appears to be based on the assumption that if the principal users of a facility will be able-bodied individuals, the facility may be designed exclusively to serve them. This analysis conflicts with the primary purpose of the new construction requirements of the ADA, which is to ensure that people with disabilities are not excluded from opportunities that would otherwise be available to them, because buildings are not accessible.

Even if a fire department could establish that the employment requirements of titles I and II of the ADA support exclusion of people who have mobility impairments from employment as fire fighters, that fact does not support the conclusion that no person with a disability will need access to the second floor of the fire station. For example, other employees, such as those responsible for cleaning, maintenance, and clerical tasks, may need access to some or all of the areas in question. Supervisory personnel and city officials may also need access to such areas. It is not likely that persons with physical disabilities may be lawfully excluded from those types of positions or denied access to the second floor of a public building.

In addition, the useful life of a building may span many decades during which the uses of the facility can change. Although the current users of a facility may be fire fighters and other fire department employees, a public entity may later decide to open the facility for school tours, neighborhood association meetings, or other public activities that are required to be accessible.

I hope this information is helpful to you. Please do not hesitate to contact the Department if we may be of assistance with other matters.

Sincerely,

Bill Lann Lee

Acting Assistant

Attorney General

Civil Rights Division
 
The Fire Chief will allow the general public in to the facility, just not use the shower or kitchen.

Other ADA components will be in place, ..egress widths, ...accessible entrances, ..door swing

clearances, ..parking, ..sidewalk & ramps, etc.

The general public will not need to use the shower or the kitchen, but they will have

accessible access to the facility. Too much potential liability!

.
 
Spend the money now or spend it later, what he wants does not matter

5/19/2011

http://www.thebrunswicknews.com/story/link/print/ADA-051811-HR-sdw

Stations face ADA deadline

By LOUIE BROGDON The Brunswick News

Glynn County will spend thousands of dollars on a fire station that is slated to be torn down and rebuilt if voters support a new 1 percent sales tax in November.

Glynn County fire officials are asking to spend $41,100 for an architectural analysis of three fire stations that are not up to federal guidelines, even when one of the buildings may be torn down and rebuilt.

The Glynn County Commission will decide whether to appropriate the funds when it meets at 6 p.m. today at the old county courthouse, 701 G St.

Glynn County Fire Chief Al Thomas said an agreed-upon deadline with the U.S. Department of Justice to bring fire stations Nos. 1, 3 and 6 in compliance with the Americans with Disabilities Act is quickly approaching.

At the same time, fire officials are asking for a new station No. 1, at 4310 Community Road, to be added to the proposed Special Purpose Local Option Sales Tax 6. Because the justice department agreement will come before that happens, the fire department will have to shell out the funds to get the old station analyzed and renovated.

Renovation costs for the station have not yet been assessed, Thomas said.

Asking the justice department to hold off on station No. 1 is not an option because the new station - which would depend on a positive SPLOST 6 vote - isn't a sure thing, Thomas said.

"The big deal is there is not a SPLOST in place yet. There is just a request," he said.

Deputy Chief Ray Marat said the three stations have numerous minor problems that keep them from meeting ADA guidelines. Some doorways are not wide enough for wheelchair access, some toilets are not the right distance from the wall and some stations lack ramps and other handicap access features.

Acting Public Works Director Becky Rowell told the finance committee recently that the Department of Justice settlement is set in stone. She said the Justice Department will not budge on the station No. 1 deadline.

The justice department settlement was signed Nov. 2, 2009, and requires station No. 1 to be compliant by Nov. 2 this year, according to a recent memo set to the finance committee.

Stations Nos. 3 and 6 must meet federal requirements by 2013.
 
If he wants the facility to be nonaccessible, have him provide a letter from the fed's allowing it to be exempt.

Or have the city attorney get involved. It is a lawsuit waiting to happen. And the chief will not have to pay the bill.
 
mark handler said:
Text-only version U.S. Department of Justice

Civil Rights Division

Coordination and Review Section

DJ 204-45-0 P.O. Box 66118

Washington, D.C. 20035-6118

Sheri E. Long, Esquire

Assistant City Attorney

City of Omaha

Omaha/Douglas Civic Center

1819 Farnam Street

Suite 804

Omaha, Nebraska 68183-0804
Special thanks for this post as it directly pertains to my backyard. I can say, I have seen only minor and limited reaction to the DOJ's visit. For example, thier standard plates have been revised, but IMO, they will not meet the new PROWAG proposals when they are adopted.
 
globe trekker said:
The Fire Chief is telling me that he cannot ( and will not) allow anyone in the facility; other than the general public, and that anyone that is not fit for duty cannot use the shower, for liability reasons. Also, he, as the Fire Code Official; DOES have the authority to limit the use of the resources and facilities under his charge of responsibility, ..so typically, the general public will not be using the shower or cooking in the kitchen area, and that anyone who is not fit for duty also cannot use those elements within the station, because of potential litigation (EX: If the Fire Chief allows one of his staff; or other municipal employees or even the general public, to use the facilities and that person somehow gets hurt, or causes someone else to get hurt, or anything else, then the municipality could be sued and he could be terminated. ) It's a CYA Factor for sure, regardless of any Chapter in the Building Code, or the ADA! Now what say ye?.
When the Fire Chief gets fired for leading his organization into civil rights litigation, he will no longer be empowered with such authority...i.e. local yokels cannot waive accessibility requirements.
 
steveray,

The remodeled fire station will be sprinkled with an 13R type system!

As far as the "mobility impaired dispatcher", I'm not sure. This is an excellent topic and good

discussion from everyone. I will bring this to the attention of the FCO and the BO and let

them decide which direction to go. If I stick my nose in it, it would not be appropriate

(here). I am the Messenger!

.
 
IF...all of the primary function areas are on the first floor, and IF they are all 100% accessible, he may be OK under building code, but I leave the ADA to the experts and lawyers....
 
Not only does he need to meet all accessibility requirements, he need a full NFPA13 sprinler system too.
 
Big Mac said:
Not only does he need to meet all accessibility requirements, he need a full NFPA13 sprinler system too.
We have only in the last few years been able to get some of the fire districts to apply for permits, and those that do get permits try to comply.
 
The FCO has a boss, probably a number of them and they own the facilities not him, I bet the city attorney could set him straight after he reads what Mark posted.
 
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