Facilities for Disabled People
The Importance of Facilities for
Disabled People in our Buildings-Part S
The National Building Regulations and Building Standards Act was amended and published by the Department of Trade and Industry in May 2008. Some parts of the Act were affected more than others; some changed very little. Part S, which deals with facilities for disabled people (or persons) is one section that had changed radically. In fact, according to Ron Watermeyer, a civil engineer, chairperson of Standards South Africa’s Technical Committee for Construction Standards and a member of the secretariat of the Inter-ministerial Task Team for Construction Industry Development (amongst other things), it is one of 12 parts that has been “fundamentally rewritten”.
The reason, of course lies in the motivation for changing the National Building Regulations in the first place. Dr Watermeyer was tasked with rewriting the SABS document, now referred to as SANS 10400 (rather than the original SABS 0400), which contains “deemed-to-satisfy” rules. And according to him, the motivation was based on several factors.
By 2008, when the Act was last amended, there had been numerous changes to South African society, and these directly affected the building industry. More specifically, he said:
- the apartheid system was no longer applicable,
- local authorities throughout the country had been completely restructured,
- the National Home Builders Registration Council had been formed,
- South Africa’s population had more than doubled,
- building control and systems had become increasingly complex,
- new and innovative construction systems had been introduced.
If you’ve ever read Section 24 of the Bill of Rights in the South African Constitution, you will know that: “everyone has the right to an environment that is not harmful to their health or well-being.” Since the buildings in which we live are an integral part of our environment, the implication is that constitutionally they MUST be safe and have Facilities for Disabled People. So the primary motivation regarding changes to the Act was to make them safer than ever before. And of course this meant that it was imperative that anything relating to disabled persons, and their facilities, had to be upgraded.
What the Act Says in Terms of Facilities for Disabled People to be Provided
The essential requirements of the National Building Regulations (in terms of facilities for disabled people or persons) are that:
1. People with disabilities should be able to safely enter the building and be able to safely use all the facilities within it – specifically toilets.
2. There must be a means of access that is suitable for people with disabilities to use. In addition, access must be available from various approaches of the building via the main entrance and any secondary entrances, and should lead to the ground floor.
3. There must be a means of egress (a point of departure) that is suitable for people with disabilities to use in the event of any sort of emergency. This relates to any sort of emergency, but in addition, a further clause states that departure routes (or egress) must also be designed in accordance with Part T of the regulations, namely the section that relates to Fire Protection.
4. Lifts in buildings must be able to serve the needs of disabled people. This includes ensuring that any commonly used “path of travel” MUST be free of any sort of obstacles that would limit, restrict or endanger people with disabilities who use that route.
There must also be absolutely no obstacles that will prevent people with disabilities from accessing facilities within the building. The regulations refer specifically to people with impaired vision, but clearly they also relate to people in wheelchairs, or people who have trouble walking freely.
5. Buildings that incorporate halls or auditoriums for public use are obliged to ensure that a reasonable percentage of space is available for people in wheelchairs or other “assistive devices”.
In addition to these clauses, the National Building Regulations also state that where there is parking available for more than 50 motor vehicles, there must be parking facilities that accommodate disabled persons. There is also an obligation to ensure that persons with disabilities are provided with a suitable means of access from the parking area to the ground floor – or storey – of the building.
Of course this also means that the “deemed-to-satisfy” rules have changed.
According to this section of SANS 10400, The application of the National Building Regulations Part S: Facilities for persons with disabilities, “Establishes requirements for external and internal circulation routes, including doors and doorways, ramps, stairways, handrails, lifts, toilet facilities, auditoriums and halls, obstructions in the path of travel, parking and indication of facilities.”
Get your copy from the SABS online store or directly from them in Pretoria (head office), Durban, Cape Town, Port Elizabeth or East London. The ISBN number is 978-0-626-25219-9, and it sells for R406.98 incl. VAT.
https://sans10400.org.za/fire-protection/The Facilities for Disabled People in our Public Buildings are Important
The Facilities for Disabled People in our Public Buildings are Important
It’s not clear to me in terms of the National Building Regulations whether or not a 40 year old building (7 floors) must be adpated and retro -fitted for people with disabilities. The costings we’ve had are indeed prohibitive, with space being the biggest problem, and as a Section 21 company ourselves would find it very difficult if not impossible to carry out these changes. Can you advise?
Joan
Hi Kreton,
Each building has to be looked at individually in terms of getting Building approval for “Facilities for Persons with Disabilities”. The SANS 10400 Part-S Annex B states that: “Every effort should be made to provide accessible facilities in as many buildings as possible, notwithstanding the fact that it might not always be a requirement of the National Building Regulations. The potential to adapt buildings after construction might be prohibitive in terms of cost, and therefore any decision made to include an inaccessible area of a site or building or facility at the design stage, when such works are feasible, should not be taken lightly.”
You don’t say if the provisions were retro-fitted or not. If the facilities were done when the building was first constructed then the building inspector would not have given his approval for construction/occupation if access to the first floor was seen to be necessary.
The regulations do not specifically state that disabled staff must have access to all levels of any building only that if they must have access to perform certain critical (not social) duties as far as their job is concerned, then access should be considered. I suggest that you contact your local authority for further guidance.
Hi Penny,
Our office is a two floor building. Provisions have been made for wheelchair access to the dround floor. Two entrances bothe with ramps, two disabled parking bays, two unisex toilets for disabled (with the correct facilities).
My question is: Does the national building regulation state that all staff working in a building must have access to all floors in a multi level Building?
Your assistance is appreciated.
Kind regards
Kreton
In terms of Part A of SANS 10400, any building where facilities for persons with disabilities are required in terms of Regulation S1 (see annex A)*[see below], there shall be one or more toilets or unisex toilet facilities suitable for use by wheelchair users, provided that
a) In any building requiring toilet facilities to which part S of the Regulations applies, the first toilet provided shall be a unisex toilet facility, for use by persons with and without disabilities, preferably in accordance with the details shown in annex D.
* S1 Application
(1) Facilities that accommodate persons with disabilities shall be provided in any building except the
following:
(a) any building of which the whole of the ground storey comprises one or more occupancies
classified in terms of regulation A20 as B1, B2, D4, H4, J1 or J2;
(b) any building classified as H1 in terms of regulation A20 where such building has less than 25 bedrooms and it can be reasonably proven that it is not possible to include wheelchair access in certain aspects of the design; and
(c) any storey above ground floor level of a building classified as H3 in terms of regulation A20 and not provided with a lift.
Hi Penny
Pls cna you advise me what is the ratio of disabled staff to toilets i.e 1 non gender specific disbled toilets can accomodate xx amount of disabled people.
I really enjoyed your reply thank you. I will definatly be getting some bright red lipstick. Going to the newspapers sounds like an awesome plan! Thanks penny
Jeepers Stacy I don’t know. Forget the notepad – get some cheap lipstick and use that on the driver’s side of the windscreen! Keep a written record of the dates and times when you phone the cops – and when the shopping centres don’t help. If someone tries to get you into trouble – that’s the evidence you’ll need. I have seen wheels clamped – and I have seen a very angry women in action against an able-bodied person parked in disabled parking without a sticker (authorization). She had the shopping centre security hopping. Also write to your local newspaper – that might help get you some support.
thank you Penny, that is what we have been doing, it just feels like its not enough as the help and response is always half hearted.
we went to the police station and asked how to deal with this, as it really is a big deal for so many people we know and they gave us a number to call if we saw anyone parking in the disabled bays. we have called that number so many times, and the reponse is always the same, they dont have a vehicle to send or they cant help unless the people wait for them(as if that would happen)
management of the shopping centers send someone out to ask them to move but as soon as they are back in the office, someone else comes along and parks there! its maddening.
i have even started carrying a note pad, and leaving notes on peoples windows, but that doesnt seem to be helping much either. where does the law stand on me chaining peoples wheels, or leaving stickers on their windows??? i just feel like i want to do more, i want to stop people getting away with being so insensitive!
Stacy if it’s a parking lot of a shopping centre then go straight to the management or security and report them. I have witnessed people reporting this kind of thing and they move pretty fast. It’s a bit more tricky in a public place, unless there are traffic wardens around. If you have a cellphone with a camera, take pix that show the number plate and the place where the car is parked, and then report this to the traffic department. At very least make a note of the registration and time/place where they are parked – and report this. But unless there’s proof, there isn’t much that anyone can do.
I would really appreciate some help when it comes to the disabled parking laws in SA.
My husband is in a wheelchair and in 8 years i can honestly say that there has never, not once been a time when we have been to town, and not seen an abled person use a wheelchair parking bay, the most aweful thing is the response form people when we approach them usually something in the line of, oh well, a shrug of the shoulders or so what are you gonna do about it!
its horrible that people seem to just not care.
what legally can be done, at that moment? who do you call, what do you do to actually get the people to be fined or clamped or something to make them feel the same inconvinience that we feel?
PLEASE HELP, its time we made a difference and took some action
Thank you for all the useful information.
Accidentally get to your site and as a disabled person if gave me information that I will use in future getting to a place most that is not disabled friendly
Peter thank you so much for your input. I would like to expand on all three elements and will email you in this regard. i.e. I’d like to run a dedicated blog post on each subject – and others if possible.
Hi Penny and others,
It was very interesting to come accros this blog and read the interpretation given to the regulations and the Deemed to Satisfy (SANS 10400-S) requirements. Which brings me to the reason for writing. I serve on the committee that draft the SANS 10400-S document at the SABS and believe some clarity might be gained from insights into the discussions that take place during the development of these documents.
On the first query: Mothers with Prams – I agree with Penny that a mother with a pram is not classified as disabled according to all the definitions out there, however, when we included the requirements that the first WC will be an accessible WC, and cubicles added afterwards, it was from the point of view, that every and anyone could use an accessible WC, and not the otherway around. This also made provision for mothers with prams, people with shopping trollies, etc.
When it comes to parking however, the oposite holds true, parking facilities are dedicated for use by persons with disabilities only, while all other parkings can be used by abled bodied persons.
On the second query: Lift provisions
Part S of the NBR and SANS 10400 is silent on the object of lift requirements, it does however address the issues as Penny mention. You have to search quite a bit to find the lift requirements in the SANS 10400 documents, and I believe the only reference to when lifts must be provided can be found under the clause dealing with lift ducts in the Fire portion, Part T. Currently this is seen as a shortcoming in the regulation, but the committee cannot re-write the regulations as published by the minister but only provide requirements to meet the regulations, which was done through the requirements published in Part S. An interesting point to note though, is the requirement of refuge areas at all fire escapes in multi storey buildings. Sadly, this was not well defined either, and is left to the interpretation of the local authorities & relevant fire departments.
Penny, yes, the building regulations is not applicable retrospectively, but if you make any alterations to a building, you may be required to make the building compliant with the new accessibility requirements. A good idea, is to discuss your project early on with the local council and determine what their requirements will be.
A huge gap in the regulations as it stands, is the application of these new regulations when it comes to heritage buildings (this include parts S, T and XA which had the most changes).
There is a new publication that is in the final stages and about to go to press called “Architective,” I wrote the module on Universal Access, which indicate the SANS10400-S requirements, but gives best practice advise on accessible design. The reason I mention this, is that a perception was created that accessible design relates to wheelchair access. This is not the case, accessible design is so much more as it deals with a variety of issues. Also, SANS10400-S, provides the MINIMUM standard that needs to be provided. If you comply with the requirements of SANS10400-S you have definately not provided your client with a good designed building as far as accessibility is concerned, but just the bare minimum cheap and nasty stuff.
I am more than willing to chat and give feedback if there are any further queries in this regard.
No mother’s with prams are certainly not disabled! And the building regulations do not cater for mothers with prams. There are certain laws and municipal by-laws though that cover things like parking for moms with prams.
BTW in terms of parking for people with disabilities, you have to have an official sticker of some sort that verifies you are in fact disabled, or you might find yourself being fined or having your car clamped!
Does mother’s with prams qualify as part of the disability group in South Africa and be allowed to use disability fascilities (or is it their right?)
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Thank you for you help
You could call the SABS and see whether there are national standards covering this. Plus local authorities probably have their own requirements.
But why don’t you get hold of the National Council for Persons with Disabilities in South Africa?
http://www.ncppdsa.org.za/ 011-452 2774
There is a link on their website “Policy and legislation”, but it is broken! But I am sure that if you phone them they will point you in the right direction much more quickly than I can.
The law states that “Facilities that accommodate persons with disabilities shall be provided in any building except the following”:
a) If the whole ground floor houses various occupancies – which are specified eg high risk commercial services or storage, and dwellings. THE RISK FACTOR I SUPPOSE IS BECAUSE PEOPLE WITH DISABILITIES WOULDN’T WORK THERE.
b) Hotels with less than 25 bedrooms where the owners can prove that they can’t incorporate wheelchair access.
c) Domestic residences with one or more stories above ground that are provided with a lift.I SUPPOSE BECAUSE IF THERE ISN’T A LIFT, THE HOME WOULD NOT BE SUITABLE FOR PERSONS WITH DISABILITIES.
The legislation (NBR) also specify “facilities to be provided” – but as I said previously, this doesn’t state exactly when and where lifts must be fitted.
where caqn i find the rules and regulations regarding commercial buildings, shopping malls
Thanks, newly built buildings, that have 2 or 3 stories, must they be fitted with lifts?
The section of the Act (NBR) that relates to Facilities for Disabled Persons (Part S) states that persons with disabilities need to be able to enter and leave buildings safely, particularly in the event of emergency. It doesn’t state specifically when a lift must be fitted, but states that IF a lift is provided, it must serve the needs of people with disabilities who are likely to use it. Lifts do not have to be fitted in buildings which would not normally be fitted with a lift. But there are additional rules and regulations that relate to commercial buildings, shopping malls etc. Regarding older buildings; I am not aware of legislation that demands retrofitting any facilities or upgrading due to new regulations.
Does the act also state that all buildings must be fitted with a lift, and what about older buildings?
I suggest that you buy Part S of SANS 10400, that focuses on Facilities for Disabled Persons. It costs R147 + VAT. Here is the SABS link:
https://www.sabs.co.za/webstore/standards/product.php?id=1400024447
good-day
I am a student studying my masters in Architecture. I am currently researching on facilities required for disabled people. Is it possible for me to receive a presentation regarding the facilities for disabled people. i am highly intrested in the regulations required.
kind regards
aslam majam