ADA Requirements
Hello all,
We are currently in the process of opening a float center in Gig Harbor, WA which falls under the permitting jurisdiction of Pierce County. Our current reviewer is giving us a hard time with accessibility requirements to the point of mentioning an open pool with a lift. Clearly for us that is not sensory deprivation. Our review of the ADA items were thorough and specifically 36.406 (b):
§ 36.406 Standards for new construction and alterations.
(b) Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, advisory notes, appendix notes, and figures contained in the 1991 Standards and 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.
The reviewer claims that Pierce County does not go by the ADA and that they go by ICC A117.1-2009. We find that a little hard to believe.
We also confirmed requirements with our float tank manufacturer (Superior). There are numerous centers in WA state that have pods and cabins with one room having the additional wheelchair space and grab bars etc for accessability without a special requirement for entering and exiting the tank.
Any suggestions on how to hurdle this obstacle would be greatly appreciated? Thank you.
Regards,
Brent & Carm Love
Velella Float LLC
Hello!
First, I'm very sorry for my delayed response. I also just sent you a more detailed message.
Here are our suggestions:
Connect with a local attourney. You may be able to sumbit a variance request.
I'm not sure what to say about Pierce County going by the ICC code instead of the ADA code, but either way, my understanding is that the issue is coming from a local interpretation of a federal standard.
The code states "Readily achievable means easy to do without much difficulty or expense. This is based on the Title III business’s size and resources. So, a business with more resources is expected to remove more barriers than a business with fewer resources. The ADA strikes a careful balance between increasing access for people with disabilities and understanding the financial challenges of many small businesses." It sounds like some float centers were able to show that it is not readily achievable to add an open pool and lift.
And finally, connect with any other centers in your county that may have advice or contacts. We're all in this together!
Thank you,
Jocelyn Jester on behalf of the FTA Board of Directors.