Frequently Asked Questions (FAQ's)
Questions that get asked about disability access requirements the most.
We get a lot of inquiries that usually start with “I’m hoping you can get me a quick answer” – This is a problematic situation for many advisory consultative companies as this technically constitutes as official advice. Our insurance under-writer now requires us to estimate the amount of verbal advice we anticipate giving in the coming year. Therefore we’ve put together the following FAQ’s to provide quick answer advice.
Should there be a question that’s not listed here – please contact us directly, noting that there may be fees payable.
This is a very common question that is usually asked due to challenging building situations where achieving full disability access is difficult. There’s not really ‘dispensations’ however there are ‘Performance Solutions’ and D3.4 Exemptions.
Performance Solutions are building solutions that are not the deemed to satisfy provisions but perform equally to or better than the minimum requirements.
D3.4 Exemptions are – The following areas are not required to be accessible:
(a) An area where access would be inappropriate because of the particular purpose for which the area is used.
(b) An area that would pose a health or safety risk for people with a disability.
(c) Any path of travel providing access only to an area exempted by (a) or (b).
The overarching legislation that stipulates that people with disability have the right to access the built environment is the Disability Discrimination Act (DDA). Further to this is the National Construction Codes (NCC), formerly the Building Codes of Australia (BCA), that stipulates the requirements for disability access for buildings. The section that predominately addresses disability access is Part D3. Accessible toilet provisions are within F2.4.
The next tier of legislative requirements for disability access is the Australian Standards – Mainly the AS1428 suite. ASN has provided further information on the disability access legislation at the following page: https://asnpl.com.au/legislation/