Cal OSHA Elevator - Issue-Backing out of a Wheelchair Lift

========January 25 2005=========
Re: Cal OSHA Elevator, Ride and Tramway Approved Wheelchair lifts-Access Issue-Backing out of a Wheelchair Lift
Date: 1/25/2005 6:26:07 PM Pacific Standard Time
From: rmskaff@comcast.net
To: Richard.Conrad@dgs.ca.gov
CC: Robin.Baker@dgs.ca.gov, Michael.Mankin@dgs.ca.gov, Aaron.Noble@dgs.ca.gov, Alberto.Gonzalez@doj.ca.gov, scohn@cityofsacramento.org, janet.l.blizard@usdoj.gov, mazz@ACCESS-BOARD.GOV

1/25/04

Richard T. Conrad, FAIA
Acting State Architect
Division of the State Architect
1102 Q Street, Suite 5100
Sacramento, CA 95814

Mr. Conrad,

Although I appreciate receiving your reply, I am somewhat surprised that your response didn't include any more information than it did. For example, if this issue is to be addressed in the rulemaking associated with the ADA certification process, when will that process occur? From what I understand from talking with DSA staff is that DSA has received information from the U.S. Access Board that there are not a great number of areas within the California access codes that remain a barrier to the Department of Justice certification of the California Building Code. DSA has been aware of the Department of Justice position on California certification for some time now, but DSA doesn't appear to be moving forward to have our code certified. Because of the delay in certification, is DSA suggesting that individuals using these approved lifts (by local building departments and Cal OSHA) continue being stuck (trapped is a more correct description) in lifts because they must back out but can't? Is there a specific time frame that this issue will be resolved? I would suggest that the existing lift regulations that allow the user to back out of a wheelchair lift should be considered a dangerous condition an emergency code modification issue, and probably a violation of state and federal access codes/regulations. DSA doesn't see it that way? Will this be discussed at tomorrow's DSA Access Code Advisory Committee meeting?

I look forward to your reply.

Richard Skaff
303 Ashton Lane
Mill Valley, Ca. 94941
Voice & Fax: 415-389-8628
Mobile: 415-497-1091
Email: rmskaff@comcast.net

----- REPLY JAN 25---Original Message -----

From: Conrad, Richard
To: 'Richard Skaff'
Cc: Noble, Aaron ; Mankin, Michael ; Baker, Robin E.
Sent: Tuesday, January 25, 2005 5:09 PM
Subject: RE: Cal OSHA Elevator, Ride and Tramway Approved Wheelchair lifts-Access Issue-Backing out of a Wheelchair Lift


Richard

I have discussed this issue with Aaron Noble. This will be addressed in the rulemaking associated with the ADA certification.

Thank you,

Richard

Richard T. Conrad, FAIA
Acting State Architect
Division of the State Architect
1102 Q Street, Suite 5100
Sacramento, CA 95814
(916) 445-4167 V
(916) 324-0207 F
Richard.Conrad@dgs.ca.gov

=============January 22 2005==========
Fw: Cal OSHA Elevator, Ride and Tramway Approved Wheelchair lifts-Access Issue-Backing out of a Wheelchair Lift
Date: 1/22/2005 4:28:07 PM Pacific Standard Time
From: rmskaff@comcast.net
To: michael.mankin@dgs.ca.gov, Richard.Conrad@dgs.ca.gov, Rita.Brandes@dgs.ca.gov, jmeyer@hq.dir.ca.gov
CC: mazz@ACCESS-BOARD.GOV, janet.l.blizard@usdoj.gov, steve.coony@doj.ca.gov, Alberto.Gonzalez@doj.ca.gov

1/22/05

Mr. Richard Conrad
Acting State Architect
Department of General Services-Division of the State Architect
Sacramento, Ca. 95814

Mr. Jim Meyer
Chief Executive Administrator -
Cal OSHA Elevator, Ride and Tramway Unit
2424 Arden Way, Suite 300
Sacramento, Ca. 95825

Mr. Conrad and Mr. Meyer,

I haven't received a reply from either of you as yet and didn't get a "return receipt" notice when I sent it to you that would have indicated your receipt of my attached email. Please inform me as to whether you did receive the 1/17/05 emails and when you will be able to respond to the issue raised in it.

Thank you.

Richard Skaff
303 Ashton Lane
Mill Valley, Ca. 94941
Voice & Fax: 415-389-8628
Mobile: 415-497-1091
Email: rmskaff@comcast.net

=========January 17 2005========
Fw: Cal OSHA Elevator, Ride and Tramway Approved Wheelchair lifts-Access Issue-Backing out of a Wheelchair Lift
Date: 1/17/2005 10:20:17 AM Pacific Standard Time
From: rmskaff@comcast.net
To: jmeyer@hq.dir.ca.gov, Rita.Brandes@dgs.ca.gov, Richard.Conrad@dgs.ca.gov, michael.mankin@dgs.ca.gov
CC: mazz@ACCESS-BOARD.GOV, janet.l.blizard@usdoj.gov, Peter.Siggins@GOV.CA.GOV, steve.coony@doj.ca.gov, Alberto.Gonzalez@doj.ca.gov

1/17/05

Mr. Richard Conrad
Acting State Architect
Department of General Services-Division of the State Architect
Sacramento, Ca. 95814

Mr. Jim Meyer
Chief Executive Administrator -
Cal OSHA Elevator, Ride and Tramway Unit
2424 Arden Way, Suite 300
Sacramento, Ca. 95825

Mr. Conrad and Mr. Meyer,

I have attached an almost 2 year old email that was sent to the former State Architect, Steve Castellanos, in May of 2003. I have never received a response and I don't believe that either DSA or Cal OSHA have done anything to correct the failure of the present lift regulations which allows the dangerous condition I described in the attached email to still be designed, built and approved.

Please respond within the next week with an indication of what you can do to correct this unacceptable condition that creates a trap for users of wheelchairs who are required to back out of wheelchair lifts.

Thank you.

Richard Skaff
303 Ashton Lane
Mill Valley, Ca. 94941
Voice & Fax: 415-389-8628
Mobile: 415-497-1091
Email: rmskaff@comcast.net
========December 2004=======
Fw: Cal OSHA Elevator, Ride and Tramway Approved Wheelchair lifts-Access Issue-Backing out of a Wheelchair Lift
Date: 12/15/2004 11:47:30 AM Pacific Standard Time
From: rmskaff@comcast.net
To: Peter.Siggins@GOV.CA.GOV, steve.coony@doj.ca.gov, Alberto.Gonzalez@doj.ca.gov, jmeyer@hq.dir.ca.gov, michael.mankin@dgs.ca.gov, Rita.Brandes@dgs.ca.gov, Richard.Conrad@dgs.ca.gov
CC: mazz@ACCESS-BOARD.GOV, janet.l.blizard@usdoj.gov

12/14/04

Richard Conrad
Acting State Architect
Department of General Services
Division of the State Architect
Sacramento, Ca. 95812

Dear Mr. Conrad,

Attached is an email describing a wheelchair lift design issue that DSA/Cal OSHA have never resolved. The fact that our State building code fails to resolve this design issue and the dangerous condition it creates makes immediate action necessary. As you can see by the attached emails, the Chair of the DSA Universal Design Advisory Committee also recognized the importance of correcting this problem, but apparently never followed through with the State Architect.

I look forward to hearing from you with regard to a proposal as to how and when DSA/Cal OSHA will schedule meetings to discuss/develop solutions with regard to this wheelchair lift design problem. I am sending a copy of this email to Mr. Jim Meyer, Chief Executive Administrator - Elevator, Ride and Tramway Unit, Cal OSHA for his review and response.

Thank you.

Richard Skaff

======May 2003=======
From: Richard Skaff [mailto:rmskaff@attbi.com]
Sent: Wednesday, May 07, 2003 10:52 PM
To: Stephan Castellanos; Michael Mankin
Cc: Alberto Gonzalez; Steve Coony; William Brieger; Richard Figueroa; Marsha Mazz; Janet Blizard; info@dir.ca.gov; John Paul Scott; Jonathan Adler; Barry Atwood; Patricia Barbosa; Rocky Burks; Christine Calabrese; Paul Church; HolLynn D'Lil; Jason Hagin; Logan Hopper; Kevin Jensen; Peter Margen; Joe Marsh; Walter Park; Richard Skaff; Jim Whipple; armstrong@icbo.org
Subject: Fw: Cal OSHA Elevator, Ride and Tramway Approved Wheelchair lifts-Access Issue-Backing out of a Wheelchair Lift


Stephan and Michael,

This is an emergency issue! I recently completed a site review of a new lift which was permitted and after installation, approved by the Cal OSHA local inspector and the local building official. The lift is in a shaft and travels between the main floor and a mezzanine to provide persons with disabilities who are not ambulatory access to the public bathrooms which are on the mezzanine level. If you are using a wheelchair and entering the lift on the main floor, the user enters the lift by opening the full-size fire doors (with the required view panel), and rolling forward onto the lift. When you arrive at the mezzanine level, you BACK OUT! of a second full-sized fire door. These are both manually operated doors, not power operated doors. Although the door locks electrically unlock when the lift arrives at a level, the approved design is difficult if not impossible to use even when entering the lift in the forward direction because the doors are rated as fire doors which, by code, are allowed to have a force to open of up to 15lbf. When you are using a manual wheelchair for mobility and are going forward into the lift, that operation is extremely difficult, but if you are in that same manual wheelchair and trying to back out of the lift while attempting to open the door, the process is impossible. The user is trapped.

The intent of the "code" is to assure accessibility. The Unruh Civil Rights Act, modified in the late 90's to assure that all codes/regulations in California meet the ADA at a minimum, mandates accessibility. The ADA states, and the California Government Code and Health and Safety Code imply, that access must be provided in public accommodations and public facilities and that even if you design and construct a project using the appropriate codes and regulations, when completed, if the project isn't accessible, you haven't met the intent of the regulation and the project is in violation of those codes and regulations. The wheelchair lift design I have described in this email specifically assures access WILL NOT be provided for those individuals in wheelchairs who are unable to twist in their chair to push the shaft door open while maneuvering their wheelchairs backwards out of the lift. Try it sometime!

When I contacted Jim Meyers, Chief Executive Administrator-Manager of Engineering Services at Cal OSHA Elevator, Ride and Tramway Unit, the State agency that inspects and permits the installation of all lifts in California, he informed me that this type of installation has been permitted all over the State and he is unaware of any complaints. Further, he stated that his agency doesn't inspect for access, just safety! The local building official hasn't signed off the project yet but has stated that he will, as soon as the project manager/architect can get a disabled person to use the lift and agree that the lift is accessible! What a process!

As you can see from the attached email, I contacted John Paul Scott, the newly appointed chair of the DSA Advisory Board Universal Design Standing Committee. Because of his work on design standards in this area, it seemed appropriate to ask for his thoughts on these issues. His response clearly seems to support my concerns. This unacceptable design is apparently being repeated throughout California even though it creates a dangerous condition for the lift user, and must be stopped. The problem must be acted on by the appropriate State regulatory agencies immediately. What options do we have?

Between now and next week when I will be in Sacramento for the DSA Advisory Board meeting, I would appreciate DSA staff contacting Jim Meyers at Cal OSHA. Together, both agencies must look into this design problem and have some options available that we can discuss. Also, whatever is done to correct the problem, a DSA or Cal OSHA bulletin should be developed and sent to all building departments throughout California informing them of both the problem and solution. I would also appreciate your suggestions as to what to tell the local building official on the particular project I described in this email. Should he permit the lift?

Please call me if you have any questions. I can be reached at:work-415-554-6786/home-415-389-8628.

Richard Skaff
rmskaff@attbi.com

----- Original Message -----
From: John Scott
To: Skaff Richard
Sent: 5/6/2003 1:53:29 PM
Subject: Wheelchair lifts



Richard I received the ASME 18.1 platform wheelchair lift standard. The standard does not address the door opening force - so Marsha Mazz and Brian Black put it into the ICC/ANSI A117.1 standard which is then referenced by the International Building Code. I include a copy of the proposed final section of the ICC ANSI A117.1 -2003 version. Basically it would require the doors on a lift to be powered doors, and then there is an exception for when the lift is a drive through one with doors on opposite sides.

This does apply to the doors that are provided by the building and not necessarily on the lift machinery itself.

So what would be required here is for Title 24 or DOSH to adopt the same requirement on power operated doors as which occurs in ICC ANSI A117.1. A clear statement is necessary that when manual the platform (wheelchair lift doors in series must operate at 5 pound pressure as well. If they are fire doors they are exempt under Title 24 and ADAAG to 15 pounds or more.

So that hole needs to be plugged as well in California Building Code.

"All platform (wheelchair) lift doors or gates shall be low energy powered doors or gates complying with ANSI/BHMA A156.19. Exception: where a lift is serving a maximum of two landings and has doors or gates on opposite sides of the platform, it shall be permitted to have self opening and closing doors or gates complying with 1133B.2.5 and have a maximum opening force of 5 pounds."

"Controls for powered doors or gates shall comply with 1117B.6A, and the clear floor area shall be located outside of the door or gate clear floor area. The clear floor area of the control shall be centered on the control. Controls shall be located 48 inches maximum from the floor or ground level."

"Where platform (wheelchair) platform lifts are provided in vertical shafts, all doors providing access into and out of the lift shall be operated with 5 pounds maximum opening pressure or they shall be power operated doors complying with ANSI/BHMA A156.10 for full powered automatic doors or gates or ANSI/BHMA A156.19 for low powered doors or gates"

The AMSE A18.1 standard states that the lift shall be operable with up and down switches at all stations and on the platform itself. Now the original A117.1 requirement was for key operated, and operable from all stations. So the stairway platform lift that you saw that was left open, and thus not operable from the bottom station was not compliant to California DOSH .

John Paul Scott, AIA
CREATE Access, Architects/Consultants
818-244-3150 tel 818-244-1954