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The issue of accessibility and disability discrimination is one of growing concern to many building owners due to the undefined nature of possible liability. As well as the legal issues associated with accessibility and discrimination, there is also the Christian aspect of viewing people with disabilities as equal parts of God's creation to be considered.
"People with Disabilities are called, like all people, to respond in faith to the God revealed in Christ. People with disabilities " have gifts which contribute to the building up of the whole body of Christ. Through people with disabilities Christ may work and bear witness to himself." (Include Me In - Uniting Church of NSW)
A church community should strive to overcome and minimise restrictions to its ministry caused by building construction issues but that is the 'easy' part! Beyond this there are still all the emotional and acceptance issues that infiltrate our thinking and are often more difficult to overcome.
- "Building Code of Australia - 1996 Version" (BCA96) - This is the code which regulates acceptable standards of building construction throughout Australia and is used by local Councils to assess building applications. This code contains minimum requirements for ‘Accessibility' to buildings of different types and calls up Australian Standards as reference documents for specific details of complying construction. This code is upgraded regularly and a number of the upgrades have substantially increased the requirements on ‘Accessibility'. Whilst this code is primarily used for assessing new buildings, local Councils do have the right to request at any time upgrades to existing buildings in order to conform to this code. In reality however Councils also may accept lower levels than the code requires on existing buildings. Owners of buildings have a degree of responsibility to be 'good citizens' and to endeavor to maintain at least the fire safety requirements in the code wherever possible. Please refer to the separate guide - "Guidelines about Building Code of Australia Compliance for Churches"
- "The Disability Discrimination Act 1992" (DDA) - The Australian overriding act under which claims for discrimination can be brought to court. It is not possible to certify against possible areas of liability as it is 'litigation driven rather than a prescriptive act, with the case law still being developed. Compliance with current standards such as AS 1428 and code requirements such as BCA96 can be used as a partial guide only. Even with building compliance there can still be possibility for claims for other forms of discrimination through management type issues.
- "Australian Standard AS 1428 (Parts 1-4) - Design for access and mobility" - These standards provide specific details about buildings such as circulation space, gradients of ramps, construction and many other practical items so that the built environment may be more accessible to people with disabilities.
"The definition of 'disability' in Section 4 of the Disability Discrimination Act is widely embracing, including past, present and future disabilities. The definition includes those who are pregnant, elderly and/or frail but not disabled, those pushing prams or shopping trolleys, making deliveries and people who just find themselves in unfamiliar surroundings for whatever reason. The definition of 'discrimination' is equally broad and far reaching including indirect discrimination against carers and partners." (From Royal Australian Institute of Architects AN20.01.003)
"A person whose physical, mental or social well-being is temporarily or permanently impaired - congenitally or through age, illness or general environmental conditions - with the result that his self-dependence, schooling or employment is impeded." (From World Health Organisation definition)
For a full definition of 'disability' refer to the definition under the DDA. (Disability Discrimination Act action plans: A guide for non government organisations - Appendix 4)
It is important to understand that a person with a disability does not only include a 'person in a wheelchair'. There are people with walking sticks and frames, people with hearing and vision impairments, and a host of other physical disabilities. There are parents with prams. There are also people with intellectual disabilities. As can be imagined this makes the possibility of confirming compliance under "The Disability Discrimination Act 1992" extremely difficult.
- DETAILED REQUIREMENTS
Generally under the BCA, access for people with disabilities must be provided to and within buildings by means of an ‘Accessible' continuous path of travel (without steps or thresholds);
- from the boundary at the point of entry from the road to the doorway at the entrance floor; and
- from any car parking space on the allotment (whether within or outside the building), and
- from any other building on the allotment to which access for people with disabilities is required;
- and through the principal public entrance.
As a church is an assembly building (Class 9b) the specific requirements for this class of building are that access for people with disabilities must be provided to and within;
- every auditorium but not every tier or platform; and
- the main entrance to the auditorium; and
- if fixed seating is provided, not less than 1 wheelchair space for each 100 persons or part thereof, with a minimum of 2 spaces up to 200 persons, and an additional space for each additional 200 persons or part thereof by which the number of persons exceeds 200; and
- all other areas normally used by the occupants. (Including toilets etc)
Other requirements under the BCA96 require the provision of standard signage, adequate lighting, accessible furniture & seating and hearing augmentation systems (i.e. a hearing loop) where an amplification system is provided. Implementation standards for items required under the BCA96 are generally called up from AS 1428.
Whilst
the BCA requirements are primarily for new buildings, the DDA is
applicable to both existing and new buildings. No buildings are
excluded from a potential claim under the DDA.
This creates a substantial dilemma for owners of existing buildings.
The only assistance provided to owners of existing buildings are the
'hardship' provisions which take some account of the cost, practicality
and heritage implications of providing upgraded facilities. There is
also some protection offered if there is an established ‘plan of
action' which has goals and time frames.
- HREOC - 'Disability Discrimination Act action plans: A guide for non government organisations' (http://www.hreoc.gov.au//disability_rights/exemptions/d4_3_6.html)
- HREOC - 'Advisory Notes on Access to Premises' (http://www.hreoc.gov.au//disability_rights/standards/d4_2_1.html)
PERMISSION FOR USE OF THIS ARTICLE - This article isfreely available for use by churches as they see fit but it would be appreciated if an acknowledgment of source to Aibee Architects was always retained. Commercial use of these guidelines for publication in other locations or by other Architects is prohibited without the written permission of Aibee Architects.