Access Update Newsletter

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1 Access Update Newsletter 2018 Mar Volume 9, Issue 3 By Laurel W. Wright, Chief Accessibility Code Consultant, NC Dept of Ins/OSFM (919) Laurel.Wright@ncdoi.gov NC ACCESSIBILITY CODE 2012 NC Bldg Code Ch ICC/ANSI A117.1 Mandatory: 1 Jun /1/19: 2018 NCBC Effective 2009 ICC/ANSI A117.1 Click here TO SIGN UP FOR THIS NEWSLETTER OR SCAN THIS WITH YOUR SMART PHONE: No MagnaLatches on Pool Gates It is heading toward pool season, which means designing usable pool gates! NCBC Exc. 7 addresses hardware mounting height: Access doors or gates in barrier walls and fences protecting pools, spas and hot tubs shall be permitted to have operable parts of the release of latch on self-latching devices at 54 inches (1370 mm) maximum and 48 inches (1219 mm) minimum above the finished floor or ground, provided the self-latching devices are not also self-locking devices, operated by means of a key, electronic opener, or integral combination lock. The MagnaLatches that you often see on so very many pool gates do not comply with either ANSI 309 Operable Parts, since they require tight grasping, or ANSI 308 for reach ranges. If a pool has card key access, some other electronic opener, or integral combination lock, the mounting height goes back to the original range required by ANSI 308 for an unobstructed reach. [NCBC ] Many pools also have panic hardware requirements for their multiple exits, due to the size of the combined pool and pool deck occupant load. [NCBC Tbl ] 2010 ADA STANDARDS: Mandatory 3/15/12 Copy available: HUwww.ada.govUH MagnaLatches work on single family pools only. NCBC Exc. 3 Clustered Rest Rms The yellow high-lighted areas in the proposed medical office on the right are individual toilet rooms. While it is difficult to see (red dashed line), the three restrooms are connected after passing through rooms, lobbies, multiple corridors, and several doors. NCBC Exc. 3 states Where multiple single-user toilet rooms or bathing rooms are clustered at a single location, at least 50 percent but not less than one room for each use at each cluster shall be accessible. Individual Highlights Min. Code vs. Good Design 2 Pkg. in NCDOT s ROW 3 So, how does this work? What is a cluster? A cluster is defined as a group of restrooms where the doors of all other restrooms within the cluster are visible from the door of a single restroom within the cluster. The intent is that users would be visually aware of, and have access to, an accessible restroom within the cluster. In a cluster, a minimum of one individual toilet room for men and one individual toilet room for women ( but not less than one room for each use ) is required after the 50% reduction is taken. Each use (patient vs. employee) is considered separately. None of the highlighted restrooms would be within a single cluster. All are required by NCBC to be accessible, regardless as to whether they are used by patients or employees. 2018V9I3MAR

2 2 Minimum Code vs. Good Design Often there are questions that come in that are not specifically addressed by the building code. For instance: MINIMUM CODE [HARD TO PERCEIVE EDGE] 1. Where does the code require curbs to be marked? - There are recommendations in some portions of the code for stair tread edges, but no scoping to enforce the recommendation. Always look for scoping first. - Planning, Zoning or Fire may have requirements in local ordinances. 2. Is there a requirement for edge protection at the edge of a sidewalk? - No, the requirement is only for ramps and ramp landings. - Good design might indicate doing something to minimize tripping hazards or eliminating areas that could present a potential lawsuit.. 3. How far back from a retaining wall should a sidewalk be to eliminate the requirement for guardrails? - A distance of 3 ft might allow someone who trips, or stumbles, to avoid falling over the wall. 4. Can plantings or shrubbery be used instead of a guardrail? - No, shrubs can be replaced with 6 high plants that provide no barrier. - Plants may die or be removed, again, providing no barrier. 5. Why can t a roll-in shower be used when a transfer shower is required? - The roll-in shower serves a different type of mobility impairment and not everyone has a shower chair available for use. 6. Don t federal requirements take precedence over state requirements? - Whichever applicable regulation is most restrictive always takes precedence. 7. If I add accessible building features where I want in an alteration, why don t they count toward the 20% path of travel requirements? - There is an established list of 6 path of travel items; sometimes what is added is required by the new construction requirements in the NCEBC; only those items that would not have been otherwise included are considered as Path of Travel items. GOOD DESIGN Sometimes there are simple, common sense answers that just need thinking through; sometimes the answers involve a client-designer discussion addressing other issues, such as minimizing the potential for litigation after the building is occupied. In these discussions, many designers determined that it was less expensive to add a guardrail, or edge protection, than to even consider the potential expense of developing the legal justification that an item was not only not required, but also not necessary for prudent design. Remember: The building code was intended to be a starting point of minimum building code items; it was never intended to address all those good design areas. PARKING EXAMPLE: RAILROAD Parking in NCDOT s Right of Way Occasionally, there are existing parking lots, originally constructed within the railroad s right of way, that are associated with buildings now undergoing alterations. When this occurs, and the path of travel requirements begin in the parking lot, it helps to contact NCDOT to determine that it is acceptable to provide accessible parking in the parking lot in question, if that parking lot is the closest to the main building s entrance door. Attached is NCDOT s Rail Corridor Preservation Policy (effective date 6/29/17), along with a Railroad Encroachment Application Form (Rev. Oct 2017), if you need to do some checking for your own project and request approval for the parking being provided. It is always a wise idea to verify with NCDOT to see if more updated versions of the documents are available as time goes by. NCDOI/OSFM ACCESS UPDATE NEWSLETTER V9I3MAR

3 NCDOT POLICY (#) A Rail Division - Facilities and Operations Branch Rail Corridor Preservation Policy Effective Date: 6/29/2017 Published by the North Carolina Department of Transportation Rail Division

4 6/29/2017 6/29/2017

5 Rail Corridor Preservation Policy Table of Contents I. Background II. Encroachments Agreements Customer Service Reimbursable Costs Removal III. IV. Private Use Commercial Use Assignments Agreements V. Adjacent Property Development VI. VII. VIII. IX. Crossings Federal Enhancement Corridors Trail Use Clearing of the Railroad Right of Way X. Removal of Materials XI. Hazardous Material and Dumping Appendix A Engineering Specifications for Pedestrian Rail Trail Connections Appendix B North Carolina Railroad System Map For more information on rail corridor preservation or to obtain an encroachment agreement with the Department of Transportation for use of rail right of way contact: NCDOT Rail Division Corridor & Properties Manager 1553 Mail Service Center Raleigh, NC

6 Forward As an aid in preserving North Carolina Department of Transportation s rail corridors, this policy sets forth the guidelines for preserving the inactive rail corridor right of ways. This policy also includes the legal basis for the exercise of this authority and the procedures to be followed when applying for a rail corridor encroachment agreement. I. Background Pursuant to N.C. Gen. Stat A, the North Carolina Department of Transportation is authorized.to preserve rail transportation corridors and permit interim compatible uses of such corridors. Further, [p]reservation of railroad corridors for interim trail and future transportation use requires that the integrity of the rights of way be maintained pursuant to the North Carolina Board of Transportation acceptance of this policy. Therefore, the Rail Division must develop a systematic approach to oversee the public s requests to use the right of way in lieu of the return of the corridor to active rail or other transportation uses. II. Encroachments Agreements The Department will allow compatible interim use of the corridor right of way until such time that it is returned to active rail or other transportation use. Compatible use shall be documented in the form of an encroachment or other agreement between the Department and the agreement applicant. Customer Service All agreements will be handled in a manner to ensure a high level of customer service. The Department has responsibility to the public to maintain rail right of way in such a manner to allow for the ultimate return of the property to transportation use. Department corridor management includes activities such as signing, vegetation control, means of limiting the state s liability, track maintenance standards and needs, the development of an annual railroad corridor maintenance budget, and management of encroachments. Reimbursable Costs Expenses incurred by the Department to reach an agreement shall be borne by the encroachment agreement applicant. This could include, but not be limited to, survey, rent study, or appraisal actual costs. Performance and indemnity (P&I) bonds may be required from the applicant of an encroachment agreement or the applicant s contractor for construction on the railroad corridor right of way. The Rail Division will follow the existing bond requirement guidelines used by the Division of Highways as stated

7 in the Policies and Proceudres for Accomodating Utlities on Highway Rights of Ways when requiring a bond. Removal In instances of an unauthorized encroachment where an agreement cannot be reached with a property owner, the Department may take steps necessary to remove the encroachment. However, all efforts will be made to obtain an encroachment. Expenses incurred by the Department during the removal process will be borne by the party encroaching on the right of way and legal action may be taken to recover documented costs. At such time as the rail corridor is returned to active transportation use, any existing encroachments interfering with the intended transportation use shall be removed, relocated or adjusted as stipulated in the agreement. The Department will provide a minimum of 120 working days written notice for encroachment removal or adjustment. III. Private Use In general, the property owner adjacent to the preserved rail corridor where track has been removed will be allowed to use and maintain the corridor in a manner consistent with the interim use with the intent to preserve the corridor for future transportation use. If the track is still in place, the adjacent property owner may use and maintain the Department s right of way up to a point at least 15 feet from the centerline of the track. No structures are to be allowed within fee simple the Department owned property. No structures are to be allowed within 25 feet from the centerline of the tracks on easement owned, Department Right of way. IV. Commercial Use Assignments Historically, railroads have allowed the use of their property for private and commercial use. Commercial use of rail property will be handled by the Department in a commercially acceptable manner using rental or lease agreements. Once the Department assumes ownership of the corridor from a railroad company, any existing agreements may be assigned to the Department. Agreements It is the general policy of the Department that real property owned by the Department or any state agency may not be sold, leased, or rented at less than fair market value to any private entity that operates, or is established to operate as a for profit entity. Therefore, if a Department owned corridor property is being used for commercial ventures, it will be necessary to execute an agreement based on current fair market value. A minimum yearly rate of $120 will be charged for any commercial encroachment. Rates will be based on comparable industry standards and land values in the areas adjoining the rail corridors. The Department will periodically review and assess its existing commercial agreements and accordingly adjust the rates charged based on fair market value.

8 V. Adjacent Property Development Residential development along a corridor shall not interfere with the ultimate purpose of the corridor. Commercial and industrial development along a preserved corridor shall not adversely impact the rail corridor. The Department will coordinate with local planning agencies to encourage land development and comply with local zoning ordinances, which will be harmonious with the development of the preserved rail corridors and future transit options. No structures are to be allowed within fee simple Department owned property. No structures are to be allowed or located within 25 feet of the centerline of track on Department owned easements or right of way which are owed primarily for railroad purposes or that would interfere with the ultimate purpose of the corridor. VI. Crossings The safety of the traveling public, whether by foot, bike, motor vehicle or transit use is of utmost importance. While the Department will not land lock property owners, it does have the responsibility of making travel ways as safe as possible. The Department will discourage new at grade street and driveway crossings of Department owned preserved rail corridors and request that local governments along these corridors discourage new crossings in adopted plans, zoning changes, site plan approvals, and building construction approvals. The Department encourages the consolidation and closure of crossings where possible. The Department District Engineers will be responsible for limiting at grade crossings when issuing driveway permits and installing driveway pipe that access property along preserved rail corridors and shall consult the Rail Division about such activities along preserved rail corridors. Driveways along preserved rail corridors shall not be installed by Division of Highways personnel without obtaining prior approval from the Rail Division. VII. Corridors Acquired With Federal Funds Rail corridors purchased with federal funds must follow federal guidelines for right of way disposition. Applicants for agreements will be responsible for all administrative, appraisal and any federal fees associated with the review of potential new at grade crossings, leases, licenses or utility encroachments of Department owned rail corridors. The Department Right of Way Disposal and Control of Access Committee will review and make recommendations for new crossing applications on these rail corridors. VIII. Trail Use The Department may allow interim compatible trails on suitable inactive rail corridors; however, trails shall be built to minimize impacts along Department owned corridors. All interim rail trails on preserved corridors must follow the requirements of all applicable laws.

9 Local governments leasing the corridor for interim trail use are charged with the responsibility of following the procedures outlined in this policy. All construction or modifications on the American Tobacco Trail (ATT) corridor property boundaries to provide access shall meet the requirements of Engineering Specifications for Rail/Trail Connectors. The Department may impose engineering specifications on other rail corridors. Lease Agreements Use of a corridor for interim use as a recreational trail typically requires a local governing entity to enter into a lease agreement with the Department. This lease agreement contains additional responsibilities necessary to manage and maintain the corridor. The lessee has the responsibility of, among other things, maintenance, security, providing routine observation of the leased corridor, and alerting Rail Division staff to unauthorized encroachments. Rail Division staff maintains responsibility for evaluating each application for all trail access connectors, and for inspecting the completed construction for compliance with the approved design. IX. Clearing of the Railroad Right of Way No unauthorized clearing of the rail corridor right of way will be permitted. Should the inactive corridor be leased for interim trail use, clearing of the right of way for trail use shall be kept to a minimum. The Department will provide for mowing of the corridor or other vegetation control in municipal areas, parcels where track is maintained in place, or as requested by individuals on a case by case basis. Timbering of the rail corridor is prohibited without proper legal authorization. Any construction or like activities adjacent to the rail corridor shall keep debris out of adjoining ditches. All debris from construction operations obstructing the corridor shall be cleaned up by the construction company. Ditches and drainage pipes shall be returned to working order after construction. X. Removal of Materials Removal of railroad ballast or other track materials from inactive rail corridors will not be permitted without authorization from the Department. Theft of railroad materials shall be prosecuted to the fullest extent of the law. All material removed from the corridor without authorization shall be replaced or compensation paid based on current market value of the material. XI. Hazardous Material and Dumping Disposal or storage of hazardous material on the corridor is strictly prohibited. Any party disposing or storing hazardous material shall be responsible for any cleanup to the satisfaction of the Department and will hold the Department harmless from all costs, fees, fines or assessments incurred or imposed as a result of the spill. The North Carolina Board of Transportation fully endorses the policy proposed by the North Carolina Department of Transportation for the preservation of railroad corridors

10 APPENDIX A ENGINEERING SPECIFICATIONS FOR RAIL/TRAIL CONNECTORS It is the intent of the NCDOT Rail Division to keep the right of way along the American Tobacco Trail (ATT) in its natural state until such time when the trail is returned to active rail use. The following rules and design specifications are required to accomplish this goal: 1. No work is to take place within the right of way prior to submission of plans and receipt of written plan approval by NCDOT (i.e. tree removal, construction fencing, grading, piping, etc.). 2. Sediment, erosion or water runoff from adjacent property onto the NCDOT right of way is prohibited. 3. Any structures approved on the state owned corridor are temporary. 4. Municipalities can label the state owned rail corridor as they seem fit. 5. Trail Connections will be considered on a case by case basis. This will allow for modifications to these guidelines for unusual situations. The following are the established guidelines for connections to minimize the impacts to the rail corridor: a. Connections will approach the trail at a 90 degree angle from the adjacent property ROW line. b. Trail connectors will be a maximum of 18 feet in width 10 feet maximum width of non slip resistant trail surface, plus a 4 foot grass shoulder on either side of the trail connector. c. No trees outside the 18 foot connector width may be removed. d. Bollards must be placed at each trail connector at a maximum spacing of 39 inches apart and must be located at the ROW line. e. Existing ground elevations and berms within the NCDOT right of way shall not be altered unless otherwise authorized. f. No shrubbery, trees or landscaping materials shall be installed along the trail connector without prior approval. g. Trail connections shall be for public use serving more than one residential property. h. Spacing of Trail Connectors shall be limited to a maximum of six (6) per mile (Exempt: Schools, greenways, parks and sidewalks at roads). Trail connectors shall be spaced based on topography, environmental factors, land use, existing connections, road intersections, etc. Connection spacing will be handled on a case by case basis. i. Trail connections shall meet all Federal and State laws. NCDOT response for violations: Violation of above Rules may result in (1) refusal by NCDOT to allow the encroachment, (2) restoration of property damage at violator s expense, and/or (3) NCDOT seeking any and all available legal remedies to mitigate damages and recover cost (including administrative and/or construction expenses) to correct the problem.

11 APPENDIX B

12 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Railroad Encroachment Application Form Operations & Facilities Branch, 1553 Mail Service Center, Raleigh, NC Instructions: Complete all applicable information below and return this form with two sets of preliminary plans, sketches, specifications, calculations, etc. to NCDOT, Rail Division, Operations & Facilities Branch, 1553 Mail Service Center, Raleigh, NC Sketches and drawings should include north arrow, scale, vicinity map, landmarks and reference points. If you need additional information, please contact Andy Miller, Facilities & Properties Manager, by phone at (919) or by at Owner s (or Company s) Name: Mailing address: City: State: Zip: Phone: Fax: Contact Name (e.g.-engineer in charge, if different from above): Company Name: Mailing address: City: State: Zip: Phone: Fax: Specific Information needed for Application: County: Rail Corridor: Nearest Railroad Milepost (if known): Location description (attach map /sketch): Permanent or Temporary installation? (check one) Permanent Temporary Type of encroachment: a) Driveway, Drain Pipe, etc.: b) If underground Type: (fiber optic, electric, water, gas, etc.) Dimension(s)/Size(s): c) If aerial Type: (overhead utility, conveyor belt, etc) Clearance above track: d) Other: Dimensions: Note: From information furnished on application, NCDOT will complete a more detailed specification sheet which will specify how the installation is to be made. AREMA and NCDOT Standard Specifications will be part of the encroachment agreement, and NCDOT will require signature of applicant, agreeing to the terms set forth in the specifications. Other Information: 1. An applicable annual fee may be included in the encroachment agreement executed with NCDOT. 2. Where appropriate, additional engineered plans (or other information) may be required of applicant. Rev. June 2016