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COMMENTARY
ON THE DISABILITY DISCRIMINATION ACT 1995
The DDA legislation (Disability
Discrimination Act Part 111), places a duty on all service providers
to remove or alter physical features in their buildings that
make access to services either impossible or unreasonably difficult
for a person with disabilities. Further to this the Building
Regulations (Document M) mandates that all new building construction,
intended for public use or access, must comply fully with the
DDA legislation. The DDA has the force of law. It makes it illegal
to discriminate against people with disabilities.
Disability Discrimination
Act 1995 (DDA)
Part III deals with access to public buildings and residential
accommodation; it sets out general duties and obligations which
must be fulfilled.
Under the Disability Discrimination Act Part 111 all service
providers have a duty to remove or alter physical features in
their buildings that make access to services either impossible
or unreasonably difficult for a person with disabilities.
Copies of the DDA can be downloaded at http://www.drc.gov.uk/thelaw/thedda.asp
Building Regulations – Part
M:2004
The Building Regulations Part M sets out the minimum legal standards
for access to and within buildings for all users. It states
that all new building construction intended for public use or
access, must comply fully with the DDA legislation.
Copies of Building Regulations can be downloaded at www.odpm.gov.uk
Approved Document M 2003
The Approved Document M (AD M) gives practical guidance on providing
access to and within buildings to meet the requirements of the
Building Regulations Part M.
The requirements of Building Regulations part M can be achieved
by means other than those given in Approved Document M, the
guidance given is only one way of satisfying requirements. Approved
Document M is viewed by local authorities as a standard to achieving
compliance and as such any deviation from AD M should be carefully
considered and must bear scrutiny (see ‘Access Statements’
below).
Guidance in AD M should taken in preference to dimensional data
given in BS 8300
Copies of Approved Documents can be downloaded at www.odpm.gov.uk
British Standard BS 8300: 2001 –
Design of buildings and their approaches to meet the needs of
disabled people – Code of practice.
This is a Code of Practice. It gives detailed recommendations
on how to design a building to make it accessible to the disabled.
Following the standard should ensure that legal obligations
under the DDA are met.
BS 8300 provided the design guidance given in Approved Document
M and referenced for guidance in areas not covered by Approved
Document M. Following publication of Part M BS8300 is being
reviewed for revision.
BS 8300 6.3.2 states: “Where the force of the closing
device is insufficient to keep an entrance door closed under
windy conditions, consideration should be given to installing
one of the following door closing systems:
a.
A power operated (automatic) door;
b.
A low energy swing door;
c.
A power operated revolving door arrangement;
d.
An entrance lobby or air lock system of inner and outer doors”
British Standard BS7036: 1996 Code
of practice for Safety at powered doors for pedestrian use.
BS 7036 to provides guidance on safety at powered pedestrian
door installations.
Copies of British Standards can be purchased at http://www.bsi-global.com
Access Statements
An Access Statement is not mandatory requirement but it is a
generally accepted wisdom to do so. Should an action be brought
under the DDA an Access statement will most likely be sort.
Guidance on Access Statements can be found at the Disability
Rights Commission website www.drc-gb.org
Disability Rights Commission (DRC)
The Disability Rights Commission (DRC) is an independent body
established in April 2000 by Act of Parliament to stop discrimination
and promote equality of opportunity for disabled people.
The DRC have produced a code of practice dealing with the duties
placed by Part III of the Disability Discrimination Act 1995
on those providing goods, facilities or services to the public
and those selling, letting or managing premises.
For more information and to download copy of their code of practice
visit http://www.drc.gov.uk
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