Access for people with disabilities in buildings that provide public accommodation

This article provides guidance as well as an interpretation of the requirements for accessibility contained in the Building Act 2004, the Building Code and Compliance Documents. It is not intended to replace legal advice.

Which buildings must be accessible?

The buildings that must be accessible for people with disabilities are those to which section 118 of the Building Act 2004 applies. These include all the buildings listed in Schedule 2 of the Act. In relation to buildings providing accommodation, the Schedule, in clause (j), lists:

• hotels, motels, hostels, halls of residence, holiday cabins, groups of pensioner flats, boarding houses, guest houses, and other premises providing accommodation for the public.

The Department is often asked whether 'homestay' accommodation needs to be accessible. The Building Code in Clause A1 Classified Uses defines Detached Dwellings as where 'a group of people live as a single household or family'. The definition includes a 'boarding house accommodating fewer than six people'. Consequently, a home-stay with facilities for up to five guests can usually continue to be treated as a private house.

Serviced apartment buildings may need to provide accessible facilities. Schedule 2 refers to 'premises providing accommodation for the public'. Therefore, if someone can come in from the street and check into an apartment, the building comes under Schedule 2. Even if a booking is made via the internet, the building is still providing accommodation for the public.

The fact that individual apartments are individually owned under a unit title arrangement makes no difference to the need for accessible units. The Building Code is not concerned with ownership or tenancy arrangements. Determination 2005/156 (available on http://www.dbh.govt.nz/determinations-view-past-determinations) dealt with a small unit-titled accommodation building and found that one of the units had to be accessible.

What facilities must be provided?

The basic objective of the Building Act, as stated in section 118, is that people with disabilities must be able to 'carry out normal activities and processes' in the accommodation building. A wheelchair user, for example, should be able to occupy the accessible unit and use the facilities in the same way as anyone else.

A number of Building Code clauses have specific requirements that will affect access in accommodation buildings.

• Clause D1 Access Routes refers to the accessible route from the street boundary and from the accessible car park, and within the building. The Acceptable Solution D1/AS1 specifies the number of accessible units that must be provided in relation to the total number of units in accommodation buildings.
• Clause F8 Signs has a general requirement for signs for accessible facilities.
• Clause G1 Personal Hygiene covers accessible toilets and showers.
• Clause G2 Laundering has a requirement for accessible laundries at camping grounds.
• Clause G3 Food Preparation and Prevention of Contamination requires accessible food preparation areas at camping grounds and in accessible accommodation units.
• Clause G5 Interior Environment requires accessible reception counters.
• Clause G9 Electricity has a requirement for light switches and plug sockets to be usable by people with disabilities, which in practice means they must be within easy reach.

The access Standard, NZS 4121: 2001

Section 14 of NZS 4121: 2001 Design for Access and Mobility – Buildings and Associated Facilities is dedicated to accessible accommodation. The Standard is also a Compliance Document for requirements that these buildings have to meet under the Building Act. This section gives specific details for accessible kitchens, whereas Acceptable Solution G3/AS1 simply specifies a 1500 mm diameter manoeuvring circle. Section 14 also shows how bedrooms, sitting areas, and dining and kitchen areas can be laid out to give enough space for a wheelchair user.

Car parking

In a motel, the accessible car park is usually placed outside the accessible unit. In other forms of accommodation, the accessible car parks should be located as near as possible to the units or hotel rooms. Ideally, the parks should be under cover. A guidance document on this subject, entitled 'Accessible car parking spaces' and produced by the Department together with the Barrier Free New Zealand Trust, is available on http://www.dbh.govt.nz/publications-about-the-building-act-2004.

Hotel and motel reception areas

Important features of office and reception areas are accessible counters. The general height can be 900 mm, but people booking in need to be able to write at a counter and so a 775 mm high section with sufficient knee space underneath is needed. A Guidance Document entitled 'Accessible reception and service counters', produced by the Department, together with the Barrier Free New Zealand Trust, is available on http://www.dbh.govt.nz/publications-about-the-building-act-2004.There shall be an accessible route from the office to the accessible units so that someone with a disability can visit the office during their stay without needing to use a vehicle. The office and reception shall be identified with the International Symbol of Access, but the symbol should not be used on the accessible units themselves.

Accessible kitchens

Determination 2003/09 related to the accessible facilities to be provided in a motel. In paragraph 5.4.6, the determination noted that the kitchen in question would provide a 1500 mm diameter manoeuvring space, according to G3/AS1, and therefore had to be accepted as complying with the Building Code. In comparison with NZS 4121, G3/AS1 lacks practical construction details and it is due for a review. In the meantime, a reasonable approach is to incorporate the following features in accessible kitchens.

• A maximum bench height of 900 mm
• A bench work area about 900 mm wide, having knee space (a pull- out shelf under the bench top can be an alternative in very small kitchens where bench space is limited)
• A manoeuvring area of at least 1500 mm diameter
• Under-bench cupboards not more than 600 mm deep from the wall
• Light switches, sockets and heat controls not more than 1200 mm above the floor (ideally, about 1000 mm)
• Switches and sockets located on a return wall (fittings on the wall at the rear of the bench can be difficult to reach from a wheelchair)
• Cutlery, cups, glasses and plates stored either directly under the bench top or in a cupboard not higher than 1200 mm, which is acceptable for side-reach
• The microwave platter and controls not higher than 1200 mm
• A lever-action two-way tap at the sink

Bedrooms

An accessible bedroom must have sufficient manoeuvring space, and this means a 1500 mm diameter clear space inside the room and 900 mm on each side of the bed. NZS 4121 in Figure 54 has sample floor plans. Controls such as curtain pull cords, television and radio, heaters, as well as light switches, need to be located between 500 mm and 1200 mm from the floor. The lighting should be arranged so that one of the main lights can be controlled from each side of the bed. There should be provision for hanging clothes at a level of about 1300 mm in a wardrobe that is located with a clear approach area.

Bathrooms

Construction standards for accessible bathrooms and toilets are contained in NZS 4121 and G1/AS1. A well-designed accessible bathroom can look good and is easy to use and convenient for everyone. The internal finishes and detailing should be the same as all the other units in the complex. The hand basin should have space for toiletries and other personal items, or a shelf provided alongside.

Items such as shower seats are now available in different styles to suit the design of the bathroom. Portable seating can be dangerous in a wet and slippery environment, and plastic seats have been known to collapse under a combination of heat and weight. Shower curtains are essential not only for privacy but to protect clothing and the user's wheelchair from water spray.

Universal design

A well-designed accessible accommodation unit is an example of universal design. The unit can be just as attractive as the other units in the complex. The various features described above make the unit easier for everyone to use, particularly those with an ambulant disability. Furthermore, an accessible unit allows wheelchair users to travel away from home, for both work and recreation.