# Government building access question



## VillageInspector (Sep 11, 2017)

My municipality has a handicap ramp leading to a handicap entrance in a remote portion of the building which for security purposes is kept locked. Currently when a handicap person comes to that door they push a buzzer to let someone know they are there and someone then goers to that door to open it for them. Is this compliant? I don't believe so. Would a remote lock release suffice? I maintain that if other door is unlocked and readily accessible to healthy people the handicap should be as well however I can't seem to find ADA or building code language to make my argument. Any help would be greatly appreciated.

Thanks in advance for your help..


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## cda (Sep 11, 2017)

Not ada, but  does it fall under reasonable accommodation ?


Does ada say you have to leave a building unsecure?


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## mark handler (Sep 11, 2017)

*In existing construction, Can you divert people to an alternate access point Yes.




*

*Can it be locked, Questionable.*


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## VillageInspector (Sep 11, 2017)

cda said:


> Not ada, but  does it fall under reasonable accommodation ?
> 
> 
> Does ada say you have to leave a building unsecure?



I guess that's my question. In my mind if a healthy person can gain access unobstructed shouldn't a handicap person have the same ability rather than have to sit in the heat, cold, snow, rain etc until someone comes to open the door?


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## VillageInspector (Sep 11, 2017)

mark handler said:


> *In existing construction, Can you divert people to an alternate access point Yes.
> 
> 
> 
> ...


the question is not the ability to divert as oftentimes there is no choice, the question is the barrier of a lock as opposed to the other door being unlocked.


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## tmurray (Sep 11, 2017)

I would not be comfortable with it being locked. The intent of the law is to provide an equal amount of access. What you are describing is not an equivalent level of access.


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## cda (Sep 11, 2017)

So if an exterior lift was installed, for access, the person would have to """sit in the heat, cold, snow, rain etc"""

And seems like you are talking about an existing building, not new.


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## VillageInspector (Sep 11, 2017)

tmurray said:


> I would not be comfortable with it being locked. The intent of the law is to provide an equal amount of access. What you are describing is not an equivalent level of access.




my point exactly the trouble is I am having a hard time finding language to support my position either within the ADA of Chapter 11 of the building code


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## VillageInspector (Sep 11, 2017)

cda said:


> So if an exterior lift was installed, for access, the person would have to """sit in the heat, cold, snow, rain etc"""
> 
> And seems like you are talking about an existing building, not new.




There is an existing ADA ramp but yes they would be exposed to the elements and yes this is an existing structure.


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## Francis Vineyard (Sep 11, 2017)

VillageInspector said:


> My municipality has a handicap ramp leading to a handicap entrance in a remote portion of the building which for security purposes is kept locked. Currently when a handicap person comes to that door they push a buzzer to let someone know they are there and someone then goers to that door to open it for them. Is this compliant? I don't believe so. Would a remote lock release suffice? I maintain that if other door is unlocked and readily accessible to healthy people the handicap should be as well however I can't seem to find ADA or building code language to make my argument. Any help would be greatly appreciated.
> 
> Thanks in advance for your help..


An example is a (historic) court house where the public can enter the main entrance unlocked during business hours but the wheelchair ramp is accessed on the side of the building where a guard is alert by a "buzzer" from the outside to allow entry at an area that does not have the space for the metal detector.


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## Francis Vineyard (Sep 11, 2017)

"If the alternative accessible entrance is not left unlocked due to security concerns, you must provide an accessible way for notifying staff to open the door, such as a buzzer or bell."

https://www.ada.gov/smbusgd.pdf


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## cda (Sep 11, 2017)

Just lock all the doors and make everyone stand in the rain.


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## mark handler (Sep 11, 2017)

Provide a cover for the "alternate" entrance.
There is nothing in the code that says the "alternate" entrance shall not be restrictively controlled.
I would like to see, *but not in code,* the same requirements as a "Area of Refuge", Voice communication.


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## tmurray (Sep 11, 2017)

cda said:


> Just lock all the doors and make everyone stand in the rain.


Can we do this at all government buildings? There are days....


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## cda (Sep 11, 2017)

tmurray said:


> Can we do this at all government buildings? There are days....




He who has the key, makes the rules.

The Panera I go to will not open the till after 6:30 am


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## mark handler (Sep 11, 2017)

tmurray said:


> Can we do this at all government buildings? There are days....


Does the public have access to your building? Many Governmental offices are by appointment only. 
Many Governmental buildings have restrictive controls.
You can restrict the access but, Who do you answer to?


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## ADAguy (Sep 11, 2017)

Restricted access for all but not discriminatory access.
If one required entrance is accessible and building has two (2) required then both must be self accessible by those with disabilities too.


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## mark handler (Sep 11, 2017)

ADAguy said:


> If one required entrance is accessible and building has two (2) required then both must be self accessible by those with disabilities too.


Not always true with existing buildings.


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## VillageInspector (Sep 12, 2017)

Francis Vineyard said:


> "If the alternative accessible entrance is not left unlocked due to security concerns, you must provide an accessible way for notifying staff to open the door, such as a buzzer or bell."
> 
> https://www.ada.gov/smbusgd.pdf



Not sure that's applicable as this is a municipal building not a retail business


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## VillageInspector (Sep 12, 2017)

mark handler said:


> Does the public have access to your building? Many Governmental offices are by appointment only.
> Many Governmental buildings have restrictive controls.
> You can restrict the access but, Who do you answer to?



Yes this is a municipal building. Front door is open during office hours but handicap entrance is locked.


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## mark handler (Sep 12, 2017)

VillageInspector said:


> Yes this is a municipal building. Front door is open during office hours but handicap entrance is locked.


What ADAGuy is implying is The accessible entry should have the same level of access as all other entries. Can you be sued, yes. Try to mitigate it by providing more than just a bell.
Cover the waiting area, provide voice communication.


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