Public questions ADA compliance of school handrails

PINE PLAINS — During the Pine Plains Board of Education meeting on Wednesday, Nov. 16, local resident Jerry Couse said during the public comment segment that the new exit from the gym at the Seymour Smith Elementary School building does not meet the requirements of the Americans with Disabilities Act (ADA).Couse, who has previously worked for the facilities planning department of the State Education Department, said that the ramp meets the requirements of New York state, but it does not meet the ADA requirements because it does not have a second, lower railing, which is required for elementary students.A letter was sent from Gene Browning of Mosaic Associates, the district architects, to Michael Goldbeck, who oversaw the Seymour Smith Masonry project for the district. The letter said, “Handrail design for the new exit stair and ramp at the Seymour Smith Elem. [sic] School Gym is governed by the NYS Building Code, ADA and the SED Manual of Planning Standards. All three require that handrails at stairs and ramps be between 34 inches and 38 inches high. The Gym exit handrails comply with this requirement at a height of 36 inches.”The letter goes on to say, “Part S107-4 of the SED Manual of Planning Standards requires that ‘buildings serving young children shall have an additional handrail at 29 inches,’” and notes that the company’s architectural reviewer “clarified that this applied to interior stairs and ramps only. Therefore the exterior handrails at the Seymour Smith stair and ramp are acceptable.”The letter also cited Appendix A of the ADA Guidelines, part A4.8.5, that says, “This appendix contains material of an advisory nature,” which led Browning to say that the information in the appendix is “given as additional guidance but not as requirements.”Goldbeck was unavailable for comment.Couse said that during his time working for the State Education Department, he saw several cases where ADA advisories were upheld as required.Couse said that he has verbally brought up the issue of the inadequate handrails with the district at least three times, but he has not sent any written correspondence to the district. He said that he has sent an email to the State Education Department and has made phone calls to the ADA to ask for confirmation on the handrail requirements.According to the ADA website, all new buildings and all new renovations to existing buildings must meet ADA standards. Among those required standards are handicap-accessible ramps with handrails, including “a second set of handrails at a lower height and with a smaller diameter for children” in buildings designed to be used by children (section 15.4 of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; Children’s Facilities). It states that the first set of handrails must be mounted between 34 and 38 inches above the ramp and that the second set of handrails must be mounted between 20 and 28 inches above the ramp and have a diameter of 1 to 1.25 inches.It is not specified whether the second set of handrails is a requirement for only indoor, only outdoor or all ramps and stairs in children’s facilities.Couse said that he is pushing this issue because he wants to protect his tax money. He explained that if a law suit was brought against the district due to noncompliance with ADA requirements, it would be extremely costly.