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Two D.C. Agencies That Work With The Disabled Will Study Restaurant Accessibility
Two D.C. Agencies That Work With The Disabled Will Study Restaurant Accessibility: DCist
For the majority of D.C. residents, the most difficult part of dining is getting a seat at a unceasingly popular restaurant. But for those who use wheelchairs, it's not just a place at the table that isn't guaranteed — it's access through the front door.
This problem came into focus recently when Dunkin' Donuts opened a "flagship" store at 1700 K Street NW. Wheelchairs are unable to enter the store through the only entrance, which features stairs. A public relations manager for the doughnut chain later explained that wheelchairs should be directed to enter through the building's lobby and then let in by an employee through the kitchen, which presents a host of different issues. A representative for the Office of Disability Rights told DCist an inspector would check out the space. But, because of short staffing, this has yet to happen.
According to the D.C. Department of Consumer and Regulatory Affairs, the Dunkin' Donuts was approved by a third party and met the American National Standards Institute (ANSI) A117.1 accessibility standard.
ANSI A117.1 enforces most, but not all, Americans with Disabilities requirements.
Passed in 1990, Title III of the ADA requires, in part, that any public accommodation constructed or majorly renovated after 1991 must "eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services." The ADA accessibility standards were updated in 2010.
According to DCRA, all new construction in the city must comply with all aspects of the International Building Code 2006, which enforces ADA requirements. Alterations to existing buildings must comply with the International Existing Building Code 2006. Buildings that change occupancy, for example, should have "at least one accessible building entrance" and "at least one accessible route from said entrance to the primary areas of the business."
There are, of course, exceptions.
"DCRA can only require existing buildings to come up to the current accessibility standard when they meet a certain threshold (delineated by ‘alteration levels’ in the code) of alteration," says Catrina M. Jones, DCRA's chief of staff. "There are also exceptions outlined in the code. In cases where there are minor changes such as a transfer of ownership or minor alterations, businesses may not be required to comply."
Here are some exceptions listed in the IEBC 2006:
1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems,installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility or element.
This may explain why Dunkin' Donuts is not accessible through the front door, as a building permit issued in April by DCRA described the work as "minor interior alterations" and a "cosmetic redesign."
Because of complicated and, at times, conflicting codes, building accessibility is extremely case-by-case. At the moment, there's no way to tell by looking at a non-accessible restaurant if it's legally allowed to be that way. That's where two D.C. offices come in.
In D.C., the Office of Disability Rights and Office of Human Rights are tasked with being advocates for the disabled. People in wheelchairs and with other disabilities can turn to these offices to lodge complaints about possible ADA violations.
In the 2012 fiscal year, the Office of Human Rights received 90 complaints from the disabled about employment, 16 about housing and four about public accommodations. The data is not broken down by type of disability.
The number of public accommodations complaints may be small. But Elliot Imse, OHR's policy and public affairs officer, says that based on anecdotal evidence, lack of wheelchair access to these types of businesses is a much bigger problem.
In order to find out if these anecdotes translate into hard data, officials at OHR and ODR say they will survey 50 restaurants across five D.C. neighborhoods experiencing high growth. But so far, the only neighborhood they've scoped out is the H Street NE corridor.
So far, four restaurants on that stretch of H Street have been visited by an architect. All four failed to meet certain requirements of the ADA, Imse says.
H Street is an obvious choice for such a study, as many of the buildings used as restaurants have steps that lead to the front door. One such restaurant is Granville Moore's, a popular mussels-and-beer eatery owned by Teddy Folkman.
Folkman, who is also the restaurant's executive chef, says Granville Moore's isn't outwardly wheelchair accessible because a ramp at the proper ADA incline would jut out into the sidewalk and street. Folkman, who says his grandmother is in a wheelchair and has dined at Granville Moore's, says the restaurant finds a way to accommodate people in wheelchairs. However, Granville Moore's does not advertise this through a sign outside.
As for the four, still-anonymous restaurants on H Street that aren't ADA compliant, it's not known if these buildings are required to be. Imse says this is because the buildings were randomly chosen.
The study will be completed before the end of the year and presented to Mayor Vincent Gray, Imse says. By then, it will be known if these restaurants included in the study were required to be ADA compliant. Recommendations will then be made.
But Gray is supposed to be hearing about problems facing the disabled on a regular basis.
The D.C. Commission on Persons with Disabilities was established in 2008 to connect with D.C.'s disabled community and report its findings back to the mayor. But according to Christina R. Mitchell, a special assistant to ODR, the commission has not been in full working order for "some time." A position on the 12-person commission is unpaid, making it hard to fill all the seats, according to Mitchell.
However, the commission will meet on July 25 the D.C. government building at 441 Fourth Street NW.
As of right now, DCRA is the only agency responsible for making sure buildings are ADA complaint if possible before a complaint is lodged.
Jones, DCRA's chief of staff, says the agency ensures compliance through examining "construction submittal documents for building permit issuance, as well as inspection of construction before final inspection and/or issuance of a certificate of occupancy."
"The agency has placed great emphasis on accessibility compliance with a multitude of training sessions provided to technical plan review staff and inspectors in recent years by both [international Code Council], Equal Rights Center and Federal Housing Administration," Jones says. "DCRA also requires all approved third party review and inspection agencies to demonstrate accessibility compliance with specific accessibility certification reports. Moreover, DCRA in its code modification process does not grant modifications or waivers on accessible design."
Two D.C. Agencies That Work With The Disabled Will Study Restaurant Accessibility: DCist
For the majority of D.C. residents, the most difficult part of dining is getting a seat at a unceasingly popular restaurant. But for those who use wheelchairs, it's not just a place at the table that isn't guaranteed — it's access through the front door.
This problem came into focus recently when Dunkin' Donuts opened a "flagship" store at 1700 K Street NW. Wheelchairs are unable to enter the store through the only entrance, which features stairs. A public relations manager for the doughnut chain later explained that wheelchairs should be directed to enter through the building's lobby and then let in by an employee through the kitchen, which presents a host of different issues. A representative for the Office of Disability Rights told DCist an inspector would check out the space. But, because of short staffing, this has yet to happen.
According to the D.C. Department of Consumer and Regulatory Affairs, the Dunkin' Donuts was approved by a third party and met the American National Standards Institute (ANSI) A117.1 accessibility standard.
ANSI A117.1 enforces most, but not all, Americans with Disabilities requirements.
Passed in 1990, Title III of the ADA requires, in part, that any public accommodation constructed or majorly renovated after 1991 must "eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services." The ADA accessibility standards were updated in 2010.
According to DCRA, all new construction in the city must comply with all aspects of the International Building Code 2006, which enforces ADA requirements. Alterations to existing buildings must comply with the International Existing Building Code 2006. Buildings that change occupancy, for example, should have "at least one accessible building entrance" and "at least one accessible route from said entrance to the primary areas of the business."
There are, of course, exceptions.
"DCRA can only require existing buildings to come up to the current accessibility standard when they meet a certain threshold (delineated by ‘alteration levels’ in the code) of alteration," says Catrina M. Jones, DCRA's chief of staff. "There are also exceptions outlined in the code. In cases where there are minor changes such as a transfer of ownership or minor alterations, businesses may not be required to comply."
Here are some exceptions listed in the IEBC 2006:
1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems,installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility or element.
This may explain why Dunkin' Donuts is not accessible through the front door, as a building permit issued in April by DCRA described the work as "minor interior alterations" and a "cosmetic redesign."
Because of complicated and, at times, conflicting codes, building accessibility is extremely case-by-case. At the moment, there's no way to tell by looking at a non-accessible restaurant if it's legally allowed to be that way. That's where two D.C. offices come in.
In D.C., the Office of Disability Rights and Office of Human Rights are tasked with being advocates for the disabled. People in wheelchairs and with other disabilities can turn to these offices to lodge complaints about possible ADA violations.
In the 2012 fiscal year, the Office of Human Rights received 90 complaints from the disabled about employment, 16 about housing and four about public accommodations. The data is not broken down by type of disability.
The number of public accommodations complaints may be small. But Elliot Imse, OHR's policy and public affairs officer, says that based on anecdotal evidence, lack of wheelchair access to these types of businesses is a much bigger problem.
In order to find out if these anecdotes translate into hard data, officials at OHR and ODR say they will survey 50 restaurants across five D.C. neighborhoods experiencing high growth. But so far, the only neighborhood they've scoped out is the H Street NE corridor.
So far, four restaurants on that stretch of H Street have been visited by an architect. All four failed to meet certain requirements of the ADA, Imse says.
H Street is an obvious choice for such a study, as many of the buildings used as restaurants have steps that lead to the front door. One such restaurant is Granville Moore's, a popular mussels-and-beer eatery owned by Teddy Folkman.
Folkman, who is also the restaurant's executive chef, says Granville Moore's isn't outwardly wheelchair accessible because a ramp at the proper ADA incline would jut out into the sidewalk and street. Folkman, who says his grandmother is in a wheelchair and has dined at Granville Moore's, says the restaurant finds a way to accommodate people in wheelchairs. However, Granville Moore's does not advertise this through a sign outside.
As for the four, still-anonymous restaurants on H Street that aren't ADA compliant, it's not known if these buildings are required to be. Imse says this is because the buildings were randomly chosen.
The study will be completed before the end of the year and presented to Mayor Vincent Gray, Imse says. By then, it will be known if these restaurants included in the study were required to be ADA compliant. Recommendations will then be made.
But Gray is supposed to be hearing about problems facing the disabled on a regular basis.
The D.C. Commission on Persons with Disabilities was established in 2008 to connect with D.C.'s disabled community and report its findings back to the mayor. But according to Christina R. Mitchell, a special assistant to ODR, the commission has not been in full working order for "some time." A position on the 12-person commission is unpaid, making it hard to fill all the seats, according to Mitchell.
However, the commission will meet on July 25 the D.C. government building at 441 Fourth Street NW.
As of right now, DCRA is the only agency responsible for making sure buildings are ADA complaint if possible before a complaint is lodged.
Jones, DCRA's chief of staff, says the agency ensures compliance through examining "construction submittal documents for building permit issuance, as well as inspection of construction before final inspection and/or issuance of a certificate of occupancy."
"The agency has placed great emphasis on accessibility compliance with a multitude of training sessions provided to technical plan review staff and inspectors in recent years by both [international Code Council], Equal Rights Center and Federal Housing Administration," Jones says. "DCRA also requires all approved third party review and inspection agencies to demonstrate accessibility compliance with specific accessibility certification reports. Moreover, DCRA in its code modification process does not grant modifications or waivers on accessible design."