There ain’t no such thing
as a grandfather clause:
The Historical Environment
after passage of the ADA
Disability Law Resource Project
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Housekeeping matters…
See resource guide for references made to
materials within this presentation
Photos of Historic Elements Provided by:
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Adaptive Environments at the New England DBTAC;
Mark Derry of Eastlake, Derry & Associates, LLC;
Staff of the Disability Law Resource Project;
Or were adapted from course materials provided by
the National Park Service
• No image may be reproduced, or used in presentation
without permission.
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Additions & Alterations absent
Historic Significance:
Why discuss here?
What am I required to do?
– Obligations under Regulations
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4.1.5 Additions
4.1.6 Alterations generally
4.1.6 (1)
4.1.6 (2) Path of Travel
Obligations
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4.1.6 (2) Path of Travel Considerations
Where alterations or additions involve a primary
function area
– Accessible path of travel required
• Continuous route connecting altered area to an entrance
• Involves features along route open to public
– Including phones, restrooms, drinking fountains, etc.
– According to USDOJ rule on “Disproportionality”
• Access modifications do not have to exceed 20% of gross cost
of entire alteration
– Different under certain state plans (Texas Accessibility
Standards)
• Priority to be focused on actual facility access
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Secretary of the Interior's Standards for
the Treatment of Historic Properties
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Four Treatment Approaches /
Philosophies
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Secretary of the Interior's Standards for
the Treatment of Historic Properties
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Preservation: focuses on the maintenance and
repair of existing historic materials and retention
of a property's form as it has evolved over time.
(Protection and Stabilization have now been
consolidated under this treatment.)
Implications to accessibility & ADA issues?
Disability Law Resource Project
Secretary of the Interior's Standards for
the Treatment of Historic Properties
Rehabilitation: acknowledges the need to alter or
add to a historic property to meet continuing or
changing uses while retaining the property's
historic character.
Implications to accessibility & ADA issues?
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Secretary of the Interior's Standards for
the Treatment of Historic Properties
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Restoration: depicts a property at a particular
period of time in its history, while removing
evidence of other periods.
Implications to accessibility & ADA issues?
Disability Law Resource Project
Secretary of the Interior's Standards for
the Treatment of Historic Properties
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Reconstruction: re-creates vanished or nonsurviving portions of a property for interpretive
purposes.
Implications to accessibility & ADA issues?
Disability Law Resource Project
Historical Properties &
Accessibility Requirements
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Clearly, most historical
properties were not created
with accessibility in mind
However, now accessibility
is a civil right!
Disability Law Resource Project
How do you make heritage
properties accessible?
Hint #1
– Consult Experts!
• Develop referral network of preservationists, materials
experts, accessibility experts, and people with disabilities.
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Disability Law Resource Project
How do you make heritage
properties accessible?
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Follow this three part strategy
1) Review Historical Significance of the property & identify
character-defining features
2) Assess the property’s existing & required level of
accessibility
3) Evaluate the options within a preservation context
Consider impact of accessibility modifications on historical
significance
Disability Law Resource Project
1) Review Historical Significance of the
property & identify character-defining features
Locate the registry information at the national &/or
state registry office
Supplement the review of written material with site
visit to confirm character & condition of historical
features
– Look for changed conditions
Look for secondary spaces, features & finishes,
altered spaces, and utility spaces. These may be
opportunities!
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2) Assess the property’s existing & required
level of accessibility
Conduct or hire a building survey to identify
specific accessibility barriers. Simple audits such
as the Existing Facilities Checklist can be used
(see list of references).
Consider applicable state accessibility issues
(such as some states’ prohibition of the use of
lifts).
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3) Evaluate the options within a preservation
context: consider impact of accessibility
modifications on historical significance
Solutions should maximize preservation of
significant features & accessibility!
Modifications may be phased overtime.
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3) Evaluate the options within a preservation context
Solutions should focus on following priorities:
– Making main or prominent public entrance, primary use
areas, and the path of travel from accessible entrance --all accessible
– Providing goods, services, and programs accessible
– Providing accessible restrooms (where public
restrooms are provided)
– Lastly, creating access to other amenities and
secondary spaces
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Disability Law Resource Project
Accessibility Solutions
The Building Site
– Accessible route is
essential
– Consider slope, cross
slope, surface textures,
and widths
– Provide convenient
parking
– Consider also distance
from parking to
accessible entrances
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Disability Law Resource Project
Accessibility Solutions
Creating an
Accessible Route
– Route should be min.3’
– Surface should be
stable, firm & slip
resistant
– Maximum cross slope
1:20
– Consider also
incorporating ramps, or
a re-grade
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Accessibility Solutions
Entrances
– Whenever possible
through main entrance
– At least one public
entrance into main use
area is required
– Provide directional
signage to accessible
entrances
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Accessibility Solutions
Entrances cont’d
– Consider need to:
• Re-grade
• To incorporate ramp
• To install
wheelchair lift
• Create new entrance
• Retrofit doors,
thresholds &
hardware
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Accessibility Solutions
Interior Circulation &
Access
– May Require ramps &
lifts
– May require modified
bathroom
– Repositioning of
phones, alarms,
addition of accessible
signage
– Modification of door
and controls hardware
may be needed
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Disability Law Resource Project
Accessibility Solutions
Alternatives:
– Relocating services
– New Addition for
Accessibility
– Programmatic
Solutions
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Disability Law Resource Project
Minimum ADAAG Requirements
See flowchart titled:
Determining Accessibility Guidelines for Historic
Buildings (next slide)
If through this process, it is determined that
Historical Features are threatened, there are a set
of minimal standards allowed under ADA
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Minimum ADAAG Requirements
At least 1 accessible route from a site access point to an
accessible entrance.
A ramp with slope no greater than 1:6 running no more
than 2’ – to get over a step typically – may be used as part
of the accessible route to an entrance
At least 1 accessible public entrance, but if no public
entrance can be used, then alternative shall be identified
and left unlocked during business hours
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Disability Law Resource Project
Minimum ADAAG Requirements
If toilets are provided, then at least one should be situated
on accessible route (a unisex or “family” toilet may be
used)
Accessibility should be provided to publicly used spaces
on the same level as the accessible entrance
Displays & written info. Shall be located where they can be
viewed by a person who is seated. Exhibits & signs
displayed horizontally shall be no higher than 44” above
floor
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Minimum ADAAG Requirements
Recall: If after a thorough good faith review
even the Minimum ADAAG standards are
deemed to place historic features at risk
– The appropriate historic preservation officer can
waive these requirements with a written report
indicating what is at risk, and alternatives explored
– However, this does not remove ADA requirements,
and an alternative service delivery method must be
developed
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Disability Law Resource Project
Accessibility Tour
Photos of Historic Elements Provided
by:
– Adaptive Environments at the New
England DBTAC;
– Mark Derry of Eastlake, Derry &
Associates, LLC;
– & the staff of the Disability Law Resource
Project.
• No image may be reproduced, or used in
presentation without permission.
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InsertNameHere Mansion: Blackacre, Texas
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Whiteacre Villa
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Curb cut?
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Curb cut? How do you get to ramp at alternative entrance?
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Accessible? Door Hardware compliant?
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Alternative standards: ramp at doorway >1:12 slope.
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Example of a clever way to provide access to raised front porch.
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Dining/Meeting room for rent to public.
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Blackacre Federal Building
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Appropriate signage for alternative entrance.
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The effort falls short of compliance as this gate & door are locked.
locked.
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Blackacre County Historical Museum
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Other accessibility solutions…
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Barker Center @ Harvard
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University Hall @ Harvard
BEFORE
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University Hall @ Harvard
AFTER
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Wellesley Before
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Wellesley After
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Old Norwich City Hall: old main entrance…
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Old Norwich City Hall: the entrance everyone uses now!
Disability Law Resource Project
Camden, Maine Library
• Addition built in below grade
• Contains accessible
entrance & elevator
I am told the librarians love this
feature because they no long
have to lug books up the hill!
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Disability Law Resource Project
Discussion:
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What did you like?
What did you not like?
What appeared to comport with the
law?
What appeared to be in violation?
Were preservation interests balanced
with access rights?
Disability Law Resource Project