We have had 3 requests recently to sign off on a type of lift that a company is passing off to Architects as being BCA/Part 12 compliant. The key issue I have with these lifts is that they are constant pressure operation part 15 lifts with modifications (as opposed to the Part 14 type Masterlifts manufacture). Lifts travel between floors and have been specified within works associated with the BER.

The following is one of the manufacturers typical responses.

• The lift platform is 1100mm wide x 1446mm long as per AS1735.12 and AS1735.15 Compliant
• The lift car door can be adjusted to 90 deg only Compliant
• Handrail height is 985mm from cabin floor level (required top height is non compliant by 25mm) dispensation required
• There is a valid reason for this, if the handrail was set to the required height it will match the button height making it very difficult to press the buttons behind the handrail.
• Handrail Diameter is 37mm compliant
• Door clear opening is a minimum 1035mm Compliant
• Door sensors, the lift was specified to have 1100mm high side walls the door sensors will be from 10mm from the platform floor to 915mm above detecting a 15mm rod to comply we needed a 75mm rod detected to a height of 1550mm as the walls of the lift are only 1100mm high this is not currently possible dispensation required
• Car controls are to a height of 950mm above the car floor to both sides of the lift car Compliant
• Door clear opening is a minimum 1035mm including door returns etc Compliant

In one case the lift has been installed and without sign off by an access consultant the Building Surveyor will not issue an Occupancy Permit.

It should be noted a Part 12 does not prevent the use of of constant pressure controls.

I have always refused to support this type and still do from a DDA perspective. My recommendations would be not to consider any "constant pressure switch" lift under any circumstance.

Does you organisation have a Disability Action Plan?

Disability Action Plans are a good tool for organisations to demonstrate how they will reduce the risk of people being discriminated against on the basis of their disability by making their buildings, workplace and services accessible.

Victoria, New South Wales and Western Australia all have legislation requiring government departments and public authorities to develop disability action plans.

Select Link for more on Disability Action Plans

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Keywords - Hamilton Island Disability Disabled Accessible Access Wheelchair

Considering Hamilton Island is one of Australia's Premiere desitinations, for "People with a Disability" barriers are everywhere.

This is the first of a series of blogs on our experiences here. Areas I will address are

• Retail access
• Food Premises
• Accommodation
• Paths & Walkways

What does the Building Code of Australia require for retail Class VI Occupancy?

D3.2 General building access requirements
(a) Buildings must be accessible as required by Table D3.2.
(b) Parts of buildings required to be accessible must comply with this Part and AS 1428.1.
(c) External access to a building required to be accessible must be in accordance with this Part and AS 1428.1, and must be provided—
(i) from the allotment boundary at the main points of entry; and
(ii) from any accessible carparking space on the allotment in accordance with D3.5; and
(iii) from any adjacent and associated accessible building on the allotment; and
(iv) through the principal public entrance.

Class 5, 6, 7 and 8
To and within—
(i) the entrance floor; and
(ii) any other floor to which vertical access by way of a ramp, step ramp or kerb ramp complying with AS 1428.1 or a passenger lift is provided.

What are the issues?

Steps!!! there are steps everwhere, every shop has a step at the entry.

There are no accessilble sanitary facilities.

For national organisations like Australia Post and the National Australia Bank I find it totally unacceptable their premises are not accessible.

They may need a reminder on what the Disability Discrimination Act states

Section 23 : Discrimination in access to & use of premises

Unless unjustifiable hardship applies, a person must not be discriminated against because of the person's disability, or the disability of any associate:

• by denying access to or use of public premises;
• in the terms or conditions for entry or use of such premises;
• in the means of access to such premises;
• by denying the use of public facilities in such premises;
• in the terms or conditions for use of such facilities;
• by being required to leave such premises or cease to use such facilities.

Discrimination is allowed if premises are existing, and alterations required to make them accessible would impose unjustifiable hardship on the person providing the accessibility.

Section 24 : Discrimination in access to & use of goods, services and facilities

Unless unjustifiable hardship applies, a person must not be discriminated against because of the person's disability, or the disability of any associate

• by refusing to provide goods or services or to make facilities available; or
• in the terms or conditions on which goods or services are provided, or facilities are made available; or
• in the manner in which goods or services are provided or the facilities made available.

Discrimination is allowed if providing the goods or services, or making the facilities available, would impose unjustifiable hardship on the person providing or making them available.

 
The two above photos are of a real estate agent and the island Pharmacy, these are typical buildings on the main street at the marina again all with steps.

The above retail outlets are located within the Tavern (refer food premises section)

Floral Collections

• Hamilton Island Retail Access for People with a Disability
• Hamilton Island Food Premises access for People with a Disability
• Hamilton Island Path & Accessways for People with a Disability
• Hamilton Island Resort Centre Access for People with a Disability
• Hamilton Island Holiday Destination

Keywords - Hamilton Island Disability Disabled Accessible Access Wheelchair

Want to access the main Resort Centre, Sails Restaurant and you have a Mobility Impairment/ Disability

You Can't! BUT it gets  a lot worse.

How do you get into the centre?

On arrival at the centre people with a disability are faced with a large staircase. There is no signage advising of alternative entries.

There however is an alternative entry as per following.

 
The only nominated access point is via a service entry located a significant distance away from the main entry.
It also requires traversing a very long steep ramp that is non complient. It is also an issue that this path of travel is not covered.

How can someone with a Mobility Impairment/ Disability get to the Reception Desk?

Short Answer = YOU CAN'T!

 
View from where alternate entry brings the Person with a Disability

View from the main concourse towards the Reception.

How can someone with a Mobility Impairment/ Disability get to the Restaurant?

Again the short answer is You Can't!

View from the main Concourse (Reception behind) 

  
Restaurant access from the pool area again a non accessible ramp is presented to people with a disability.
Access from the reception is again not covered.

• Hamilton Island Retail Access for People with a Disability
• Hamilton Island Food Premises access for People with a Disability
• Hamilton Island Path & Accessways for People with a Disability
• Hamilton Island Resort Centre Access for People with a Disability
• Hamilton Island Holiday Destination

Keywords - Hamilton Island Disability Disabled Accessible Access Wheelchair

What is an Accessible Path of Travel?

The Australian Human Rights Commission defines a continuous accessible path of travel as an uninterrupted route to or within premises or buildings, and providing access to all services and facilities. It should not incorporate any step, stairway, turnstile, revolving door, escalator, hazard or other impediment that would prevent it from being safely negotiated by people with disabilities.

At Hamilton Island this piece of legislation as well as People with a Disability have been sucessfully ignored

What does the Building Code of Australia require

D3.2  General building access requirements
(a) Buildings must be accessible as required by Table D3.2.
(b) Parts of buildings required to be accessible must comply with this Part and AS 1428.1.
(c) External access to a building required to be accessible must be in accordance with this Part and AS 1428.1, and must be provided—
(i) from the allotment boundary at the main points of entry; and
(ii)from any accessible carparking space on the allotment in accordance with D3.5; and
(iii) from any adjacent and associated accessible building on the allotment; and
(iv) through the principal public entrance.

 
Kerb/ Step ramps have not been provided throughout the resort.
My Wife noticed this from the position as a Mum pushing a pusher around continually facing barriers.

Good physical access is not not a benifit for people with a disability. It has a flow on affect for parents with prams, push bike users, the elderly etc.

Typical footpath access point, this type of kerb is common throughout the resort.

 
An amusing Accessible Buggy parking space, it's just a pity they do not have accessible buggies and a complying path of travel from the parking space to the footpath.

A non complying step ramp in Front Street, Marina side.

 
No accessible paths of travel available.

 
Excessive crossfall on path of travel making it inaccessible.

No kerb ramps to footpaths.

Inaccessible access to mini golf and course is not accessible.

Public Ammenities

 
No accessible toilet facilities on the main street.

• Hamilton Island Retail Access for People with a Disability
• Hamilton Island Food Premises access for People with a Disability
• Hamilton Island Path & Accessways for People with a Disability
• Hamilton Island Resort Centre Access for People with a Disability
• Hamilton Island Holiday Destination

Keywords - Hamilton Island Disability Disabled Accessible Access

As with the retail outlets on the island all of the food premises are inaccessible.

The BCA references for the the Retail outlets apply to this section, however there is one additional inclusion.

D3.4 Concessions
It is not necessary to provide access for people with disabilities to—
(a) more than 30% of the public space in a restaurant, cafe, bar, function room, or the like, in a Class 6 or Class 9b building; or
(b) a mezzanine; or
(c) a space not regarded as a storey by definition; or
(d) any area if access would be inappropriate because of the particular purpose for which the area is used.

   
Fish & Chip shop including Ice & Bait                              Hamilton Island Bakery

 
Tavern Access is on the first floor with no lift provided. / Marinas restaurant is up stairs with no lift.

   
Steak House Restaurant is up stairs with no Lift. / Marina Deli has steps at the entry.

Stairways typically have open risers, no TGSIs, contrasting stair nosings or compliant handrails.

 
The General Store/supermarket on Front Street has a step at its entry. In addition, the aisle widths are extremely narrow.

Fancy an ice cream? Trouble is, there is a step in the way.

Marina side bottleshop entry also has steps so forget grabbing a bottle of wine on the way home.

 
Manta Ray Cafe & Romanos Italian Restaurant both have steps at the entries

• Hamilton Island Retail Access for People with a Disability
• Hamilton Island Food Premises access for People with a Disability
• Hamilton Island Path & Accessways for People with a Disability
• Hamilton Island Resort Centre Access for People with a Disability
• Hamilton Island Holiday Destination

Keywords - Hamilton Island Disability Disabled Accessible Access Wheelchair

Whilst Accessibility on the island is extremely poor for a family with a member with a disability, you could not find a better holiday destination for families as was our case. We rated it a 10 on our customer survey.

The island is extremely safe for children, it is also extremely clean with staff taking great care with its appearance. It is also easy to get around via golf buggies (There are no accessible/ hand operated buggies for use). The facilities are also great with an abundance of swimming pools. Other activities included Jet Skies, Snorkeling and Diving, Para Gliding, sailing etc. There is also a great range of restaurants which have been discussed in this blog.

In a news article in the Sydney Morning Herald it states  

The larger-than-life Mr Williams was a member of the so-called White Shoe brigade - a group of property developers including Mike Gore and Christopher Skase, who saw huge potential in developing Queensland for the retirement market.

It is this retirement market that will will demand good accessibility in addition to tourists.

It is just a shame it is so inacessable for families that have a member with a disability and they get to miss out on what the island has to offer.

Under the Disability Discrimination Act the owners will eventually have to bring the island up to compliance. Lets hope it will be sooner rather than later so everyone in the community can holiday there.

What needs to happen!

Firstly at Board/ Management level an acceptance of the issues as identified needs to occur and a commitment made to address accessibility.

A Disability Action Plan (DAP) needs to be prepared.

What is a DAP?

A disability action plan (DAP) is a proven, effective tool for organisations to plan and implement changes that remove barriers to access for people with a disability.

The implementation of a DAP also contributes to an organisation's obligations under the Disability Discrimination Act 1992, the Charter of Human Rights and Responsibilities Act 2006, as well as supporting the principles of the United Nations' Convention on the Rights of Persons with Disabilities.

A DAP generally addresses the following (but not limited to)

• reducing barriers to persons with a disability accessing goods, services and facilities;
• reducing barriers to persons with a disability obtaining and maintaining employment;
• promoting inclusion and participation in the community of persons with a disability; and
• achieving tangible changes in attitudes and practices which discriminate against persons with a disability.

Action Plans developed under the DDA must be consistent with the objects of the Act and include people with a disability in the consultation process. Action plans must contain the following :
The development of policies and programs that are consistent with the objects of the Act.

• A process for communicating the policies and programs to people within the organisation.
• A process for identifying any discriminatory practices within the organisation.
• The setting of goals and targets to address the discriminatory practices.
• Identifying how the policies and programs that have been implemented will be evaluated.
• Nominating a person within the organisation to take responsibility for implementation of the plan.

Many organisations (both public and private) in Australia have also developed DAPs. A register of DAPs can be located on the Australian Human Rights Commission website.

Legislation

United Nations Convention on the Rights of Persons with Disabilities
In July 2008 Australia ratified the United Nations Convention on the Rights of Persons with Disabilities on 17 July 2008 (one of the first Western countries to do so) in a global effort to promote the equal and active participation of all people with a disability. The Convention puts the responsibility back on society to ensure that all people must be provided with opportunities to reach their full potential, regardless of their situation or disability. The Convention is based on principles of equality and non-discrimination and contains 50 articles that address public life and how to ensure the full inclusion of people with a disability.

Disability Discrimination Act 1992 (Cwlth)
The Commonwealth Disability Discrimination Act (DDA) 1992 sets out provisions to eliminate, as far as possible, discrimination against people on the basis of disability. The Act requires that people with disabilities be given equal opportunity to participate in and contribute to the full range of life activities. The development of a disability action plan is a means by which organisations can take positive action to eliminate disability discrimination.

National Disability Agreement
The National Disability Agreement (NDA) between the Commonwealth and State/Territory governments came into effect in January 2009 to improve and increase services for people with a disability, their families and carers. This agreement supports participation opportunities and strengthening workforce opportunities as well as improving health and service quality outcomes.

Implementation

This DAP will form part of the management plan on how accessibility will be improved. This may very well be staged over a, say, 5 year time frame.

All the Human Rights Commission want to know is that Access Issues have been identified and a rectification management plan is in place.

• Hamilton Island Retail Access for People with a Disability
• Hamilton Island Food Premises access for People with a Disability
• Hamilton Island Path & Accessways for People with a Disability
• Hamilton Island Resort Centre Access for People with a Disability
• Hamilton Island Holiday Destination

I am please to anounce due to our increased workload Con Livanos has joined us on part time basis initially.

Con is very passionate about Accessibility for People with a Disability and brings a wealth of experience as a Registered Building Surveyor to Equal Access.

Con Livanos

Disability Access Consultant ACAA

Con Livanos has over 20 years experience in the building industry in both the Private Sector and Local Government.  This experience spans over a diverse range of fields - 14 years as a building surveyor, 3 years managing the planning department at the City of Melbourne and 4 years as a structural designer.

Con’s experience in building surveying, which includes access advice, is extensive with the ability to assess a range of large and complex projects – residential, commercial, public and industrial.  He has worked for some of Victoria’s largest consultancy companies and has consulted on a number of projects.  Con also has formal qualifications to assess fire engineered performance based solutions.

Affiliations/Qualifications

• Associate Member, Association of Consultants in Access Australia inc.
  Practice category; Advisory & Auditing. Membership #MN000
• Member - Australian Institute of Building Surveyors
• Registered Building Practitioner. BSU-1313
• Bachelor of Technology – Building Surveying
• Graduate Certificate in Performance Based Building and Fire Codes
• Diploma of Building Surveying
• Advance Diploma – Civil Engineering