Building Accessibility for Education Facilities
The issue of accessibility and disability discrimination is one of growing concern to many building owners due to the undefined nature of possible liability. As well as the legal issues associated with accessibility and discrimination, there is also the Christian aspect of viewing people with disabilities as equal parts of God's creation. On this basis, all education facilities should strive to overcome and minimise restrictions caused by building design issues and also to promote inclusive attitudes.
Regulations
1. "The Disability Discrimination Act 1992" (DDA) - The Australian overriding act under which claims for discrimination can be brought to court. It is not possible to certify against possible areas of liability as it is a complaint-based rather than a prescriptive act, with the case law still being developed. Compliance with current standards and code requirements can be used as a partial guide only. Even with building compliance, there is still the possibility of claims for other forms of discrimination through management issues.
2. “Disability (Access to Premises - Buildings) Standards 2010 - Once effective from May 2011, this significant new part of the DDA sets detailed requirements for the provision of non-discriminatory access to public buildings. This radical change provides increased certainty to building owners compared to the general complaint based. This standard will generally apply to all new buildings and to parts of buildings that are to be altered, other than in most cases to individual dwelling.
3. "Building Code of Australia" - (BCA) - This is the code which regulates acceptable standards of building construction throughout Australia and is used by local Councils to assess building applications. It contains minimum requirements for ‘Accessibility' to buildings of different types and calls up Australian Standards as reference documents for specific details of complying construction. This code is upgraded regularly and a number of the upgrades have substantially increased the requirements on ‘Accessibility'. Whilst this code is primarily used for assessing new buildings, local Councils do have the right to request at any time upgrades to existing buildings in order to conform to this code. In reality however Councils may accept lower levels than the code requires on existing buildings. Owners of buildings have a degree of responsibility to be 'good citizens' wherever possible.
4. "Australian Standard AS 1428 (Parts 1-4) - Design for access and mobility" - These standards provide specific details about buildings such as circulation space, gradients of ramps, construction and many other practical items so that the built environment may be more accessible to people with disabilities. (Note: the updated version of AS 1428.1 issued in 2009 and will be referenced in BCA 2011 and has increased dimensional and other requirements.)
Who is Disabled?
The definition of 'disability' under the DDA is widely embracing. In includes both total and partial loss of any mental or bodily functions from any cause whether short or long term.
A person with a 'disability' can include someone requiring walking aids, with visual or hearing impairments, and even a mother with a pram!
BCA Part D3 - Access for People With Disabilities
Detailed Requirements
Generally under the BCA, access for people with disabilities must be provided to and within buildings by means of an ‘Accessible' continuous path of travel (without steps or thresholds);
+ from the boundary at the point of entry
from the road to the doorway at the entrance floor; and
+ from any accessible car parking space on the allotment
(whether within or outside the building), and
+ from any other building on the allotment to which
access for people with disabilities is required;
+ and through the principal public entrance.
As a school building (Class 9b) the specific requirements are that access for people with disabilities must be provided to and within;
+ all areas normally used by the
occupants, including staff, students and visitors, if no
alternative similar facilities to those provided in that
area are accessible elsewhere in the school; and
+ any other floor to which vertical access by way of
ramp, step ramp or kerb ramp complying with AS 1428.1 or
a passenger lift is provided.
Other requirements under the BCA require the provision of standard signage, tactile indicators, appropriate handrails, adequate lighting, accessible furniture & seating, accessible toilets, accessible car parking and hearing augmentation systems (i.e. a hearing loop) where an amplification system is provided in rooms larger than 100 sq.m. If access or a lift is not provided to any level then one ramp or stair must be provided to that level with handrails that comply with AS1428.1. Implementation standards for items required under the BCA are generally called up from AS 1428.
Existing Buildings
Whilst the BCA requirements are primarily for new buildings, the DDA is applicable to both existing and new buildings. No buildings are excluded from a potential claim under the DDA.
This creates a substantial dilemma for owners of existing buildings. The only assistance provided to owners of existing buildings are the 'hardship' provisions which take some account of the cost, practicality and heritage implications of providing upgraded facilities. There is also some protection offered if there is an established ‘plan of action' which has goals and time frames.
Building management
Obligations for provision of access for people with a disability continue past the construction of the building. If a building or part of a building becomes inaccessible as a result of any acts or omissions of the building manager, the building owner or manager may be liable to a complaint of unlawful discrimination. For example, if a building owner or occupier allows a unisex accessible toilet to be used as a storage area, thereby reducing circulation space, there may be grounds for a complaint of unlawful discrimination, even though the toilet was built to the required specification.
Additional Information
Australian Human Rights Commission - 'Disability Discrimination Act action plans: A guide for non government organisations'
Australian Human Rights Commission - 'Advisory Notes on Access to Premises'
PERMISSION FOR USE OF THIS ARTICLE - This article is freely available for use, but it would be appreciated if an acknowledgment of source to Aibee Architects was always retained. Commercial use of these guidelines for publication in other locations or by other Architects is prohibited without the written permission of Aibee Architects.