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HomeMy WebLinkAboutAmending Chapter 6 Buildings Functional Physically HandicappedORDINANCE No. 5475 -73 Passed by the Common Council of the City of South Bend, 8 73 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, 0 Approved and signed by 73 Clerk of Common Council IRENE K. GAMMON 9 Clerk ORDINANCE NO. 5475 -73 AN ORDINANCE AMENDING CHAPTER 6 "BUILDINGS" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND TO REQUIRE THAT CERTAIN TYPES OF BUILDINGS BE CONSTRUCTED IN SUCH A MANNER THAT THEY ARE ACCESSIBLE TO, AND FUNCTIONAL FOR THE PHYSICALLY HANDICAPPED AND AGED. BE IT ORDAINED by the Common Council of the City of South Bend that: SECTION I. Chapter 6 of the Municipal Code be amended by adding Article 6 "Architectural Barriers ". CHAPTER 6. BUILDINGS ARTICLE 6. ARCHITECTURAL BARRIERS SECTION 6 -19. GENERAL To make buildings accessible to and functional for the physically handicapped and aged, the requirements of Chapter 6, Article 6 shall apply to buildings hereafter erected for or remodeled to any of the uses or occupancies listed below. Buildings already in conformity to the uses and occupancies listed below which are remodeled to the same uses and occupancies shall also be covered by Article 6. Article 6 shall apply to the remodeling of buildings as follows: (a) If fifty (50) per cent or more of the building and appurtenances are being remodeled, all of Section 6 shall apply. (b) If less than fifty (50) per cent of the building and appurtences are being remodeled, Article 6 shall apply to the extent that the remodeling is directed to the following building features: (1) building access; (2) entrances, doorways and doors; (3) stairs that must be used by those with disabilities; (4) floors intended to be used by the public; (5) ramps required by Section 6 -23; (6) toilet rooms; (7) other convenience facilities as noted in Section 6 -26; (8) public telephones; (9) elevators; (10) controls; (11) identification; (12) seating accommodations; (13) public assembly facilities; and (14) checkout lanes and turnstiles. USES AND OCCUPANCIES SUBJECT TO THIS ORDINANCE: (a) All buildings built with public funds, be they school corporation, city, county, state, federal or any other type of public funds. (b) All medical, nursing, dental and health facilities. (c) Privately supported schools, cultural centers, art facilities, museums, theatres, movie houses and build- ings with similar purposes. (d) Recreational and entertainment facilities such as auditoriums, armories, dance halls, clubhouses, lodge halls, service clubs, skating rinks, sport arenas and gymnasiums. Any facility which normally admits spectators. (e) Financial institutions. (f) churches, funeral home public areas and seminaries. (g) Manufacturing and office buildings. (h) Markets, department stores and other retail and service stores. (i) Restaurants (j) Oil company service stations (k) Parking facilities.and transportation passenger terminals. (1) Parking facilities shall provide one eleven (11) foot wide parking space for each thirty -four (34) parking spaces. (2) Parking spaces for the physically handicapped shall be clearly marked. (3) Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways.and entrances. Said parking slots should be located so-.that the physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways and elevators. (1) Public convenience stations or toilets. (m) Hotels and motels shall conform to the requirements of Article 6 and to the following provisions: (1) One bedroom unit for every nineteen (19) bedroom units built in the complex shall be made accessible to and usable by the physically handicapped person. (2) The bedroom units allocated for the physically handicapped shall be proportionately distributed throughout the range of size, quality and price of all.the bedroom units in the complex. In the event that the number of bedroom units allo- cated for the physically handicapped is not suffi- cient to cover the quality and size range incor- porated in the total complex, the bedroom units so allocated shall reflect the quality, size and cost of the type of room which is predominant in the complex. (n) Apartment buildings and complexes shall conform to the requirements of Article 6 and to the following provisions: (1) One apartment unit for every twenty-four (24) apartment units built in the complex shall be made accessible to and usable by the physically handi- capped persons. (2) The proportion of apartment units for the physically handicapped which are studio, one -, two -, three -, and four - bedroom units shall be the same as the pro - portion of said units in the total apartment complex. -2- In the event that the number <;of apartment units allocated for the physically handicapped is not sufficient to cover the quality and size range offered in the complex -at- large, the apartment units for the physically handicapped shall reflect the quality, size and cost of the type of apartment unit which is predominant in the complex. SECTION 6 -20. BUILDING ACCESS All buildings subject to the requirements of this Article shall be provided with means of access usable by the physically handi- capped. Not less than one access, continuous from the public way to the interior of the building, shall be provided with surfaced walks or ramps or combinations thereof, without abrupt changes in level. (a) Walks. The minimum width of surfaced walks shall be four (4) feet. Intersections with other walks or ramps shall be level and at a common grade. Walks shall terminate at doorways in a level platform not less than five (5) feet in width, and extending at least one foot beyond the opening side of the door. Platforms shall be not less than five (5) feet in depth where doors swing over the platform, and not less than four (4) feet in depth where doors do not swing over the platform. Walks having a slope of more than five per cent shall conform to the requirements for ramps. (b) Entrances. At least one primary entrance to each building shall be usable by individuals in wheelchairs. Vestibule doors shall have a space between them and the primary door of not less than eighty -four (84) inches, measured from their closed positions. Primary entrance doors in vestibule type entrances shall open in the same direction so that swings do not conflict. (c) At least one entrance usable by individuals in wheelchairs shall be on a level that would make the elevators accessible. (d) All suspended lights, signs, fixtures or similar objects that protrude into regular corridors or traffic ways shall be at a height of at least seven (7) feet measured from the floor. SECTION 6 -21. ENTRANCES, DOORWAYS AND DOORS (a) Entrances and doors intended for use by the public shall have a clear opening of no less than thirty -six (36) inches wide when open and shall be operable by the use of one hand. (b) When buildings have two or more public exterior entrances which are equipped with doors, one of said doors shall be operable with one hand by a physically handicapped person in a wheelchair or on crutches. Said doors shall be clearly marked as designed for the physically handicapped person. (c) Thresholds shall be no more than one -half 00 inch above the floor and have gently sloping edges. (d) Low- hanging door closers that remain within the opening of a doorway when the door is open, or that protrude into regular corridors or traffic ways when the door is closed shall not be located below 6'4" as measured from the floor. -3- (e) The floor on the inside and outside of each doorway shall be at a grade notngreater than two (2) per cent for a distance of five feet and shall extend one (1) foot beyond each side of the door. (f) In the case of two -leaf doors, each leaf shall be at least thirty -six (36) inches wide. SECTION_6 -22... STAIRS THAT MUST BE USED BY THOSE WITH DISABILITIES OR THE AGED. There shall be at least one set of stairs, between each floor of a building, which conforms to the requirements of Section 6 -22. (a) Steps in stairs that might require use by those with disabilities or by the aged shall not have abrupt (square) nosing. (b) Stairs shall have handrails thirty -two (32) inches high as measured from the tread at the face of the riser. (c) Stairs shall have'at least one handrail which shall extend at least six (6) inches beyond the top step and beyond the bottom step where there is a continuing wall. (d) Steps should, wherever possible, and in conformation with existing step formulas, have risers that do not exceed seven and one -half (7�) inches. (e) Where open risers are used, they shall have a partial riser of no less than two (2) inches in height where the top of the tread and the bottom of the riser join, to prevent canes, crutch tips and feet from slipping through. Open riser stairways not located between walls shall have side skirt boards of not less than two (2) inches in height. SECTION 6 -23 FLOORS INTENDED TO BE USED BY THE PUBLIC. (a) If the floors of a given story of an individual building are not of a common level, the physically handicapped persons shall be provided access to and usability of the primary uses and purposes of the building through the construction of ramps or by other means which the wheel -chair person who has the full use of both arms can negotiate without assistance from other persons. (b) Floors with inclines greater than five (5) per cent shall be built in accordance with the specifications for ramps as spelled out in Section 6 -24 of this Chapter. (c) Floors shall have slip resistant surfaces at least from the public doorways to major points of pedestrian attraction such as elevators, information desks, other public doorways and hallways. A floor not made of a slip resistant material shall be in accordance with this sub - section if-treated and maintained with a slip resistant wax or some other like product. am SECTION 6 -24. RAMPS REQUIRED BY CHAPTER 6, ARTICLE 6. (a) A ramp shall not have a slope greater than one (1) foot rise in twelve (12) feet. (b) A ramp shall have handrails on at least one side that are thirty -two (32) inches in height measured from the surface of the ramp. Ramps shall have at least one wall handrail that extends at least twelve (12) inches beyond the top and bottom of the ramp. Such handrails must be returned to the wall or to itself. (c) A ramp shall have a surface that is non -slip. (d) A ramp shall have a level platform at the top which provides a minimum forty -two (42) inches clearance from the maximum distance which a door swings out onto the platform or toward the ramp. This platform shall extend at least one (1) foot beyond each side of the doorway. (e) A ramp shall have a level platform, if the door is at the top, of at least three (3) feet deep and five (5) feet wide, if the door does not swing onto the platform or toward the ramp. This platform shall extend at least one (1) foot beyond each side of the single doorway or single door entrance. (f) Each ramp shall have at least six (6) feet of level platform clear of all obstacles at the bottom. (g) Ramps shall have level platforms at thirty- (30) foot intervals for purposes of rest and safety and shall have level platforms wherever they turn. These platforms shall be at least five (5) feet deep. SECTION 6 -25. TOILET ROOMS In all buildings subject to the requirements of this Chapter, at least one toilet for each sex shall be equipped as herein required. In addition, there shall be one toilet for each sex, which conforms to Chapter 6, Article 6, every two hundred (200) lineal feet and every five- (5) story. In addition to the above requirements, apartments, motels and hotels shall conform to the requirements outlined in Section 6 -19, (m) and (n) . (a) Access. Access passageways serving toilet rooms shall be no less than thirty -three (33) inches wide to con- veniently admit persons using crutches and persons in wheelchairs. (Persons on crutches require not less than thirty -three (33) inches passage width. Average wheel- chair dimensions are: length, forty -two (42) inches; width, twenty -five (25) inches; structure- turning radius, thirty -two (32) inches. (b) Toilet stalls. Toilet stalls shall be not less than three (3) feet wide by five (5) feet deep. Toilet stall doors shall swing outward. Substantial handrails shall be securely fastened to each side wall, extending from the front of the stall to -the rear of the water closet seat.. These handrails shall be thirty -two (32)inches high parallel to the floor and have an outside diameter of one and one -half 11 #) inches. There shall be no less than one and one -half (1'h) inches clearance when the wall is smoothly surfaced and greater clearance for rough textured wall finishes. -5- (c) Fixtures. The water closet seat shall be approximately twenty '20) inches above the floor. Men's urinals shall be mounted at a basin lip height of not more than nine- teen (19) inches above the floor and shall be equipped with substantial railings, securely fastened to the wall on each side of the urinal. Said rails shall be not less than thirty (30) inches not more than thirty -four (34) inches above the floor and approximately thirty (30) inches center to center and shall extend not less than (18) eighteen inches in front of the urinal. Lavatories shall have narrow aprons to allow access by persons in wheelchairs. Mirrors and shelves shall be not more than forty {40)-inches above the floor to the bottom of the mirror or the top of the shelf, Towel holders and other conveniences shall be.mounted at such height as to be easily accessible to persons in wheelchairs. (The pre= ferred maximum height is forty -eight (48) inches. SECTION 6 -26 OTHER CONVENIENCE FACILITIES Convenience facilities such as drinking fountains, dispensers or receptacles of various types shall be mounted or otherwise in- stalled so as to afford the use of such facilities by persons using wheelchairs or otherwise physically handicapped. Water fountains or coolers shall be hand - operated or hand- and foot - operated, with spouts and control§ located at the front. SECTION 6 -27 PUBLIC TELEPHONES This section shall be applicable to buildings in which one or more public telephones are installed. (a) One or more public telephones shall be made accessible to, and usable by „ the physically disabled. The height of the coin slot, telephone receiver and dial mechanism shall be no more than forty -eight (48) inches from the floor. (b) One or more public telephones shall be equipped for those with hearing disabilities and so identified, with instructions for use. SECTION 6 -28 ELEVATORS Elevators shall be accessible to and usable by the physically disabled on the level that said persons enter the building, and at all levels normally used by the general public and those persons employed in the buildings. SECTION 6 -29 CONTROLS Switches and controls for light, ventilation, draperies, elevators fire alarms, electrical outlets and all similar controls of fre- quent or essential use shall be placed within the reach of indi- viduals in wheelchairs, at a height which falls between eighteen (18) inches and forty -eight (48) inches measured from the floor. SECTION 6 -30 CHECKOUT LANES AND TURNSTILES (a) Buildings which include checkout lanes on certain floors shall provide on said floors at least one checkout lane which is no less than thirty -six (36) inches wide. (b) Buildings which utilize turnstiles to control pedestrian traffic shall provide a clearly marked alternate route for the physically handicapped which is at least thirty - six (36) inches wide and conforms to other pertinent sections of this Article. C_ SECTION 6 -31 IDENTIFICATION (a) Raised or recessed letters or numbers shall be used to identify doors leading to public facilities required by this section, as well as those emergency facilities required by the provisions of other local codes and state codes. (b) Raised or recessed identification mentioned above shall be located at a height between three (3) feet and five (5) feet from the floor, and between four (4) inches and twelve (12) inches from the door jamb, on the side opposite the door hinges. (c) Doors that are not intended for normal use, and that might prove dangerous if a blind person were to exit or enter by them, shall be made quickly identifiable to the touch by knurling the door handle or knob, except exits designated for emergency use. SECTION 6 -32 SEATING ACCOMODATIONS (a) Places of assembly with fixed seating arrangements in the aforementioned buildings shall provide performance viewing positions (parking space) for wheelchair persons in accordance with the following schedule: Capacity of Assembly Space Number of Viewing Positions Up to 50 ... Minimum 3 51 to 100 ....... Minimum 6 101 to 500 ..................... Minimum 12 501 to 1000 ..................... Minimum 16 1001 to 1500 ..................... Minimum 20 Over 1500 - Minimum 20 plus 1 for each 300 over 1500 (b) Viewing positions for wheelchair persons shall be provided in a reasonable and convenient section or sections of the facility by either or both of the following methods. (1) Providing portable seats which can be easily removed. (2) Providing clear space devoid of any portable or fixed seating arrangements. These positions shall be located so as not to interfere with egress from any row of seats, shall be reachable by means of ramps and /or elevators, and shall not infringe upon aisle requirements. (c) There shall be no steps in the aisles or in the access route to the performance viewing positions, but the aisles may be inclined in accordance with the provisions of Section 6 -24 (a). SECTION 6 -33 HARD OF HEARING ACCOMMODATIONS (a) Places of assembly in the aforementioned buildings shall provide facilities and /or devices to enable persons with hearing disabilities to participate fully in the activities held in the place of assembly. The performance capacity required of the facilities and /or devices should come as close as possible to normalizing the hearing of the person with the hearing disabilities, to the extent that available and marketed technology permits. The hard of hearing facilities and /or devices shall be maintained in operating condition. -7- (b) The facilities and /or devices for the person with hearing disabilities shall be located in performance viewing and convenient participation positions, according to the following schedule: Number of Persons Provided with Capacity of Assembly Space Hearing Facilities and Devices Up to 50 ...................... Mininum 3 51 to 100 ...................... Minimum 6 101 to 500 ...................... Minimum 12 501 to 1000 ...................... Minimum 16 1001 to 1500 ...................... Minimum 20 Over 1500 -- Minimum 20 plus 1 for each 300 over 1500 SECTION 6 -34 ENFORCEMENT AND PENALTY (a) A building permit shall not be granted unless all provisions of this article are met by the applicant (s). (b) Any person or agent or employee who violates any provision of this article shall be subject, upon conviction, to a fine of not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00) for such offense. (c) After being cited for violation (s) of Chapter 6, Article 6, the legal owners of the property in question shall be granted up to 90 days to correct said violations. if after 90 days the violations have not been corrected, the continued violation of the ordinance shall constitute a separate offense for each and every day such violation may continue. SECTION 6 -35 APPEALS PROCEDURE An appeal from the Building Commissioner's decision in matters pertaining directly to Chapter 6, Article 6 shall be subject to the appeals procedure established by the City Council and according to the following qualifications. (a) The applicant (s) for a building permit, or any citizen of South Bend, Indiana may appeal a decision of the Building Commissioner to grant or not to grant a building permit. (b) The appeals body, when hearing an appeal pertaining directly to Article 6, shall include as voting members at least one physically handicapped person and, in addition, a minimum of one physically handicapped person for each two non - physically handicapped persons on said body. If the established appeals body does not include sufficient number of handicapped persons, its membership shall be expanded to include the required number of physically handicapped. Additional members shall be appointed in the same manner that the other members are appointed. (c) A majority of the expanded appeals body shall have the power to decide the disagreements. The expanded appeals body is required only in the instance when an issue pertains directly to Chapter 6, Article 6. so (d) An appeal may be made pertaining to any provisions of Article 6 when it is claimed that the true intent of said article has been incorrectly interpreted by the Building Commissioner. (e) Modifications from Article 6 shall be granted only as stipulated below. (1) There shall be no exemptions from the provisions of Article 6 in the following instances: a. when the building permit application is for the construction of a new building; or for the remodeling of fifty percent (50 %) or more of an existing building; or for the remodeling of a facility to be used in the provisionsof medical, nursing, dental and other health services. b. when the funds to construct or remodel the facility are public, as stated in Section 6 -19, (a). (2) The decision to grant an exemption from the provisions of the Architectural Barriers Ordinance shall be done only when complying with the provisions of said ordinance would make the project economicAlly unfeasible. However, no exemptions shall be made simply because complying with the ordinance would add costs to the project. SECTION II. If any section, sub - section, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court with competent jurisdiction, such por- tion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. SECTION III. This Ordinance shall be in full force and effect thirty (30) days after its passage by the Common Council, approval by the Mayor and legal publication. /s/ Roger O. Parent Member of the Common Council Passed 1 -8 -73 as amended. tdnmmif#rr 3�epmT d!o t4e Tontum Tonurd of t4r Tug of Oma4 WrnD: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING CHAPTER 6 "BUILDINGS" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND TO REQUIRE THAT CERTAIN TYPES OF BUILDINGS BE CONSTRUCTED IN SUCH A MANNER THAT THEY ARE ACCESSIBLE TO, AND FUNCTIONAL FOR THE PHYSICALLY HANDICAPPED AND AGED Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council as favorable. It was moved by Councilman Parent, seconded by Councilman Taylor, and carried, that the ordinance be amended as follows: Section 6 -19 General (b) Add No. (14) checkout lanes and turnstiles. (c) Delete. Add a new sentence as follows: Privately supported schools, cultural centers, art facilities, museums, theatres, movie houses and buildings with similar purposes. (k) Substitute the word "facilities" for "garages." (k) (1) Substitute the word "facilities" for "garages." Section 6 -23 (c) Delete last sentence. Add a new sentence as follows: A floor not made of a slip resistant material shall be in accordance with this sub- section if treated and maintained with a slip Section 6 -24 resistant wax or some other like product. (b) Add the following: Such handrail must be Section 6 -27 returned to the wall or to itself. (a) Substitute the word "shall" for the word "should" in the Odell Newburn first line. Chairman (b) Substitute the word "shall" for the word "should" in the first line. (Continued) PRE[ PR EE9 0 pVRL19NING CO. AMENDMENTS TO ORDINANCE NO. 5475 -73 (CONTINUED) Section 6 -29 Substitute the word "of" for "or" in the second line. Section 6 -33 (a) Add the following sentence: The hard -of- hearing facilities and /or devices shall be maintained in operating condition. It was then moved by Councilman Taylor, seconded by Councilman Parent, and carried, that the ordinance be further amended by striking the paragraph on the first page of the ordinance dealing with buildings of historic significance.