CHAPTER II

NATIONAL-LEVEL ACCESS LEGISLATION AND POLICY PROVISIONS

A. Australia ⁽¹⁾

1. The current situation

In Australia, extensive research on and investigation into a number of access and transport issues for disabled and elderly persons are under way. It is expected that these will be given a further encouragement with the preparations for the Sydney 2000 Olympics.

In November 1992, the Australian Government passed the Disability Discrimination Act (DDA). The Act provides an example of a legislative framework for creating an accessible environment. The DDA is complaints-based; this means that people must lodge a complaint before the legislation can be activated. The objective of the DDA is to eliminate discrimination on the grounds of disability in relation to employment, accommodation, education, access to premises, and the provision of goods and services. No specific provision for access to public transport is included.

The DDA aims to promote the recognition and acceptance of persons with disabilities within the community. People with disabilities have the same fundamental rights as everyone else. The DDA includes discrimination involving harassment, and sets out the process for resolving complaints in such cases. The DDA came into force in March 1993. Since then, the Disability Discrimination Commissioner has received over 250 complaints which were within her jurisdiction.

The Australian Access Standards complement the DDA. This piece of legislation states that a continuous, accessible path of travel must be available to and within all buildings and facilities. The Australian Access Standards were first published in 1977. The International Year of Disabled Persons in 1981 gave further impetus to access legislation throughout the country. The Access Standards have undergone several evolutions and are now incorporated into the current National Building Code of Australia (1992). All new public buildings are accessible and existing public buildings are made accessible when significant alterations are carried out.

2. Creating a barrier-free environment

The creation of an accessible environment is the real test of the effectiveness of legislation. In Australia, this process is being facilitated through the creation of local government Access Committees. These consist of local government officers, council representatives and members of the community, including people with disabilities and elderly persons.

In Australia, subsidized taxi rides, air travel, long-distance rail services, and urban ferry services are becoming progressively more accessible. It is hoped that the Sydney 2000 Olympic Games will accelerate all activities for a barrier-free environment.

Conceptually there are two approaches to accessible environments, namely, inclusive or separate. The inclusive approach focuses on making the total environment accessible. In the separate approach, a specific range of facilities for persons with disabilities is provided. Each of these approaches has advantages and disadvantages.

The DDA promotes the inclusive approach so that people with disabilities are treated like any other person in the community. It does not have a time frame for compliance or implementation. The DDA can be considered inclusive, as it endeavours to change government and public attitudes about people with disabilities. This contrasts with a number of special services which were previously provided in Australia for people with disabilities through the separate approach.

At this stage it seems that a combination of the inclusive and separate approaches may be most suitable. Australia has attempted to establish a conceptual framework for a coordinated access philosophy. However, many countries are introducing a wide range of cost-effective separate systems. The infrastructure required to implement an inclusive approach may not be practical or financially viable for many countries. Political, cultural, social and economic issues must be taken into account during the development of access and transport policies and programmes in each country.

3. Access to transport

Legislation already in place in many Australian States has led to the development of various forms of accessible transport. These have now been integrated within transport networks.

Key railway stations are being made accessible through the installation of lifts, ramps, tactile tiles, Braille network maps, clear signs and accessible telephones. Public and private bus companies are purchasing low-floor buses. Ferries have roll-on, roll-off ramps and hoists where necessary. The Sydney 2000 Olympic Games will be a major focus and catalyst for the creation of more accessible transport.

There are two basic ways of providing accessible transport. The separate approach relies on the special provision of accessible transport. In this case, complementary accessible transport is provided rather than attempting to make the whole transport network accessible. Many of the groups and committees which supply accessible transport for disabled and elderly persons rely on voluntary fund-raising and goodwill. Usually, there is limited government support for these activities. This can restrict the implementation and funding of such transport.

The inclusive approach requires that the providers of transport implement a fully integrated accessible public transport network. A balanced and cost-effective response can be achieved by a combination of inclusive and separate transport systems to provide reasonable and practical forms of transport for everyone, including people with disabilities and elderly persons.

4. Suggestions for access improvements to transport

The following are some suggestions concerning improvement of the accessibility of public transport:

1. Recognizing the linkage between transport and employment, accommodation, government facilities and telecommunications. This requires an understanding of the need to implement a reliable and continuous system of access from home through streets, buses, rail and other forms of transport to employment, leisure and education facilities.
2. Obtaining international information and research, and being continuously aware of successful and unsuccessful access to transport programmes and ideas. Research, development, monitoring and evaluation are essential. Every effort should be made to find ways to adapt examples from other countries into local situations to avoid duplication of effort. Access problems and solutions are similar in many parts of the world. Opportunities exist to strengthen international links through international organizations concerned with access issues.
3. Encouraging the involvement of people with disabilities and elderly persons. The general community should also become involved. Requests to Government for the provision of accessible transport will then have more impact. Consideration should be given to the establishment of joint Access Committees within individual communities. Local governments should be in a position to clearly identify and resolve local needs.

B. Canada ⁽²⁾

1. The current situation

Until the start of the United Nations Decade of Disabled Persons, there was a general lack of awareness of issues concerning disabled persons in Canada. The public and the national media began to take an interest with the start of the United Nations Decade. Attention from government representatives subsequently increased. Various committees were formed to investigate issues of concern and make appropriate recommendations for legislation.

Since 1990, national legislation in Canada has stated that all federal government properties and services must be accessible to all persons by 1 April 1995. In cases where direct accessibility cannot be provided, the service offered at that location must be provided in an alternative, accessible location.

National policies exist for the protection of the rights of persons with disabilities. These are included in the Canadian Charter of Human Rights and Freedoms. Organizations of persons with disabilities are represented on a National Advisory Committee and in some regional committees.

When construction of buildings takes place, national or provincial building codes must be adhered to. The Building Code includes a chapter on accessibility. The Barrier-Free Design Standards of the Canadian Standards Association (CSA) must also be followed during construction work. Federal buildings and many provincial buildings in Canada have a reasonably high degree of accessibility. Ramps and lifts are commonplace in these buildings. Braille signs are not quite as easy to find but the need for them has been recognized.

Parks Canada, an agency within the Department of Canadian Heritage, has developed two sets of access guidelines. These are the Design Guidelines for Accessible Outdoor Recreation Facilities and the Design Guidelines for Media Accessibility. The level of accessibility of Parks Canada sites has risen substantially. A key feature in the success of Parks Canada has been its cooperation with other agencies.

2. The Parks Canada Project

Parks Canada (PC) is a large government agency managing 35 national parks and 81 historic sites. Some parks are very large, e.g., Wood Buffalo is the size of Belgium, the Netherlands and Luxembourg combined. Some are small, e.g., the St. Lawrence Islands Park is less than 2 sq km. The historic sites range from those with groups of 50 buildings to those with only one house. To ensure access to persons with disabilities and elderly persons at all the sites, much remains to be done.

In 1988, an access strategy was written for PC. As a result, access improvement activities were put into action. Legislation requiring that all federal properties be accessible to all disabled persons by 1995 accelerated these activities. One person in each of PC's five regions was asked to coordinate access activities in his or her respective region. An access development plan for each of the 118 sites has been prepared. Training sessions for staff are conducted. Representatives from organizations of disabled persons participate in most training sessions and review all publications used within the various sites.

Workshops are held annually for engineers, architects and maintenance staff involved in site development. For example, in March 1994, an access workshop for media specialists working in the areas of publication, signs, exhibitions and production of audio-visual materials was held in Halifax, Canada. Another workshop dealing with the same issues will be held in Toronto in December 1994. Disabled representatives are present at all workshops.

Parks Canada makes great efforts to identify the basic access requirements of persons with disabilities. Representatives from organizations for persons who have disabilities participate in "walk-throughs" of almost all parks and sites in the system. Options for access are discussed with these representatives.

Funds from the Central Government have been distributed to sites according to priority. PC staff have received sensitivity training on the needs of elderly and disabled persons. All-terrain wheelchairs are made available on all sites. Substantial developments have been made to improve access for persons who have visual or hearing impairments. Telephone devices for deaf persons have been distributed to all parks, historic sites and offices which are under PC care. All audio-visual presentations at PC sites are sub-titled.

Consultations between PC personnel and representatives of disabled persons' organizations are frequent and joint evaluations of completed work are carried out regularly. Accessibility considerations have now been accepted into the PC system and are regarded as part of the planning process.

3. Accessibility in specific areas

Accessibility for the disabled and elderly varies; there is, in particular, a considerable difference between provisions in public and commercial or private concerns.

(a) Public buildings

All federal buildings and most other public buildings are to be accessible to persons with disabilities and elderly persons by the end of 1995. It should be noted that "accessible" primarily refers to "mobility accessibility", but much work has been done to accommodate the needs of persons with visual and hearing impairments.

(b) Residential buildings

Access legislation concerning residential buildings depends mainly on local government departments. Therefore accessibility varies widely across the country. All new federal housing units must be accessible for elderly and disabled persons.

(c) Commercial buildings or centres

The degree of accessibility varies widely from province to province. However, all commercial buildings on federal land are required to be made accessible.

(d) Roads

All cities in Canada have programmmes to make kerb cuts at street corners which are being implemented.

(e) Public transport

Most public transport facilities have been made accessible for disabled and elderly persons. However, variations between cities exist. Most large airplanes and trains are also accessible. Canada has a National Transportation Agency which has a division that looks after the needs of disabled persons.

4. Suggestions for improvement and promotion of access awareness

The following are some suggestions for improving and promoting access awareness among the public:

1. Awards should be presented and ceremonies held for outstanding examples of access development to encourage cooperative action by others.
2. National agencies should be encouraged to promote and host workshops on access for their members.
3. Designs for historic buildings should be planned with a team of designers, engineers, disabled and elderly persons, architects, and staff who actually work in the buildings.
4. The mass media should be used as much as possible.
5. Achievements in other countries should be publicized.
6. Audio and other tactile signs should be used instead of Braille for large projects. The majority of blind and visually-impaired persons in Canada cannot read Braille. When dealing with small budgets, a method that benefits the majority is more practical.
7. Non-disabled people, to increase their awareness, should be brought together with those who have disabilities and elderly people.

C. Finland ⁽³⁾

1. Building legislation relating to disabled

Finnish building legislation took the needs of disabled people into account for the first time in 1973. Section 85 paragraph (a) of the Buildings Decree reads as follows: "In the building of premises intended for public use, adequate consideration must be given to the fact that such premises are also accessible to such persons whose ability to move or whose orientation ability is restricted as a result of age, injury or sickness." Stipulations and guidelines to ensure this clause was observed came into force at the end of 1979 and were amended in 1985.

In 1982, the Ministry of the Interior issued a circular concerning the compliance of the Finnish Building Regulations in relation to renovation work. Among other things, the circular stated: "In cases where such a building containing premises intended for public use is fully modernized, etc., as far as the arrangement of rooms, thoroughfares and mobility on the site are concerned, should it not be possible to remove all barriers preventing accessibility at the same time, then access to service areas intended for disabled people must otherwise be provided for. Such areas are to be located on the same floor as the entrance to the building, unless it is possible to install a lift between those floors to which the public have access."

In buildings which are being renovated specifically in order to provide areas intended for public access, the accessibility and use of these areas must be guaranteed to disabled people by structural and planning solutions so that, as far as possible, they correspond to the same standard as a new building.

Although the application clause of the amended Building Decree which came into force at the beginning of 1990 has cancelled the 1982 circular concerning renovation work, its principles are still valid in renovation projects today. Such replacement solutions acceptable in renovation projects under the Building Act would not even be considered in a new building. The replacement solution should be structural and permanent. A permanent ramp cannot be replaced by a mobile ramp or a lift or wheelchair lift by a stairclimber.

2. Adherence to building regulations

How well the circular has been adhered to has depended partly on how well informed the building inspectors and building control committees have been, and their attitudes in relation to issues concerning disabled people. It has partly depended also upon the will and financial possibilities of the party carrying out the renovation. The knowledge and skills of the designer have always been important.

The situation for disabled people is slowly improving thanks to the construction of accessible new buildings. However, most of the existing building stock is either completely non-functional or difficult to use as far as disabled people are concerned. Generally, however, the situation has begun to improve as designers have become more aware of the needs of disabled people in the built environment. Notwithstanding this, however, there can be serious flaws and shortcomings in very modern buildings and some poorly functioning public buildings have been constructed since 1973. In many municipalities building inspectors should be much more vigilant than they are at present to prevent building planners and designers from making unnecessary mistakes which later prove expensive to correct.

Barriers preventing accessibility to existing buildings have gradually begun to be removed during the last twenty years or so. Thanks to the installation of new lifts and ramps, public buildings, including theatres, museums and churches, which were previously inaccessible to wheelchair users, have at last become equally accessible to everybody. There are numerous cultural institutions, including libraries, concert halls, various galleries and meeting places, maintained by public funds, as well as educational institutions ranging from comprehensive schools to universities, which should be able to be used by everybody.

For disabled people the use of many services maintained by society depends on their accessibility. Physical training, sports and outdoor activities as well as spectator sports are popular with Finns, whether disabled or not. Swimming pools especially should be accessible to disabled people. Public transport systems can only be really described as public once they can be used by everyone and bus and railway stations as well as vehicles are fully accessible.

3. Accessibility in commercial buildings

Various commercial services are available for disabled people as consumers. In old hotels the needs of disabled people have been taken into account when modernization is carried out by building rooms for disabled people and, where possible, removing the barriers which have restricted accessibility. Entrances to restaurants and cafés have been improved, accessible toilet facilities provided and in some the installation of a lift has not only achieved accessibility for disabled people but also improved the functioning of the premises as a whole.

Some older cinemas also now have an accessible entrance and toilet facilities, and spaces in the auditorium for wheelchair users.

In the case of access to other commercial premises such as department stores, shops, banks and pharmacies, some are now fully accessible, others could be readily improved, and some remain difficult to improve. As a consumer, a disabled person can use those premises to which he/she has access, in turn benefiting the providers of services.

4. Changes in building regulations

Section 85 paragraph (a) of the Building Decree was amended with effect from the beginning of 1990 to read: "Public administrative and service buildings and such commercial and service premises to which, with regard to equality, everyone shall have access, including the site and location of such buildings, shall also take into consideration the needs of such persons whose movement, functioning or orientation ability is restricted as a result of age, injury or sickness."

Section 80 of the amended Building Decree has a similar content and became law on 1 March 1994. The paragraph reads: "Public administrative and service buildings and such commercial and service premises to which, with regard to equality, everyone shall have access, including the site and location of such buildings, shall also take into consideration the needs of such persons whose movement or functioning ability is restricted..."

The amended wording of this clause in the Building Decree, or the "accessibility clause" as it is now known, reveals society's changing attitudes. Whereas previously the legislation referred to taking the suitability of premises into account from the point of view of disabled people, it now examines the matter from the standpoint of equality.

Unlike the previous regulation which applied to visitors, this regulation also now applies to people with motor or functional handicaps working within these buildings. In doing so this establishes the principle of an individual's right to use, on an equal basis with everyone else, a publicly-built environment and the services which it offers.

D. India ⁽⁴⁾

1. Introduction

Towards the end of 1993, the Union Department of Welfare (UDW) in India organized a national seminar. Its objectives were to prepare a national plan of action for the implementation of the Agenda for Action for the Asian and Pacific Decade of Disabled Persons, 1993-2002. The seminar was attended by the representatives of non-governmental organizations (NGOs) working with diverse disability groups.

In India, at the time of writing, there are no national or local policies for disabled or elderly persons. The Government of India is currently processing a draft national policy on the basis of the recommendations presented at the 1993 seminar. Draft legislation concerning rights of access for disabled persons is being completed.

The UDW formed a Committee on Access to plan strategies for improved access. The committee comprises the representatives of self-help organizations of disabled persons and government officials from concerned departments. The committee's task includes the examination of policies and legislation which could support access issues.

The fundamental access requirements of disabled persons have been identified by the committee. There is a debate within the committee over whether to advocate separate access legislation for buildings, roads, public facilities and public transport. An alternative would be to amend all existing legislation to include access coverage. Building by-laws and the Motor Vehicle Act have been identified for amendment. These could improve the current access situation with the maximum impact. The Indian Bureau of Standards has subsequently drafted amendments to the Building Code to include suitable access facilities. NGOs working with persons with disabilities are currently being asked to give their views on the proposed amendments.

2. Current laws and regulations relating to the built environment

(a) Building by-laws

These are formulated and implemented by local authorities for application within their respective limits. Each local authority follows the Municipality Act for its area. Building by-laws are essentially based on the National Building Code. They stipulate administrative procedures to regulate building construction activities. Local government authorities have the power to implement and enforce these procedures.

Special building regulations have not yet been formulated for persons with disabilities. Access requirements are not specifically mentioned in building by-laws.

(b) The Motor Vehicle Act (MVA)

The MVA is a national regulation covering all road traffic. Access issues are not yet included, but the Committee on Access is in the process of suggesting suitable amendments. The amendments under consideration relate to:

1. Specifications for entrance and exit doors, the height of foot boards, the width of space between rows of seats;
2. Provision for hearing-impaired persons to obtain driving licences;
3. Visual and auditory signals throughout the public transport system; and
4. Training for public transport staff and traffic police officers.

3. The current situation regarding access

(a) Buildings

The access requirements of disabled and elderly persons have only been a consideration for town planners, policy makers, architects, and building developers since 1993. Most public and other buildings in India are not accessible.

It is not common in India for residential buildings to have ramps and lifts. Private builders can, of course, install these but they are deterred by the additional expense. The lower and the middle classes are often housed in units under a Group Housing Project. These generally have two to three storeys with a staircase. Only more affluent members of society can afford lifts, fire alarms and other modifications. Group Housing Project units are generally too small to incorporate alterations which would improve access.

Almost all rural and some urban areas have hand-operated wells for drinking water. Most wells are surrounded by a muddy bank, making it extremely difficult for elderly and disabled persons to use. There are no railings around the wells, so visually-impaired persons have difficulty feeling their way safely towards them.

Elderly and disabled persons in rural areas will have to wait longer than their urban counterparts for their access needs to be realized. Rural residential units constructed by the Government for allocation to the poor are generally built according to standard designs. But units built by private contractors are not subject to building regulations.

Most public and residential buildings in the rural areas are elevated from the ground for drainage and sewerage purposes. Indian-style toilets are the norm in most lower and middle class dwellings. These are not suitable for access by elderly and disabled persons. Public toilets are typically narrow and inaccessible to wheelchair users.

The most common access feature which has been added to existing public buildings in urban areas is a ramp at the entrance point. The majority of multi-storey public buildings now have lifts. Multi-storey commercial buildings, market areas and shopping centres usually have moving stairs but no ramps or lifts. Urban public buildings usually have toilets accessible to persons with disabilities and elderly persons.

Most industrial buildings have hooters and bells to raise the alarm in case of a fire. These buildings are not equipped with visual emergency signals for hearing-impaired persons.

(b) Public transport

Very few railway stations have ramps and lifts. Visual destination signs are also rare. Large railway stations, bus terminals and airports have public announcement systems which benefit visually-impaired persons. In local buses, the arrival times are announced through a public address system. There are no Braille information boards in stations and airports.

The Committee on Access has prepared plans for the development of Nizamuddin Railway Station in New Delhi. It will be a model railway station providing all basic access features for disabled and elderly persons. It will provide an example for other similarly busy stations to follow. Similar steps have been taken to improve access in domestic airports. Indian international airports are barrier-free.

Local buses are overcrowded and almost completely inaccessible to a wheelchair user. There are no lifts in buses and usually no ramps at bus stops.

(c) Roads and walkways

Urban zones have surfaced roads, but a large number of rural areas do not. In the absence of proper maintenance, surfaced roads become uneven and rough. Mud and sand roads in rural areas are not favourable for elderly and disabled persons.

Pavement height, footpaths, road dividers and speed breakers are not regulated by guidelines or standards. Unauthorized constructions and extensions shrink pavement space. Beggars and homeless persons occupy large areas of walking space.

The covering of gutters, sewers and manholes is mandatory but has not yet been enforced by law. Until enforcement takes place, damages cannot be claimed for accidents.

4. Constraints to implementation

The process of formulation of access legislation and policy provisions has been introduced very recently. It has included the active involvement of disabled persons and local NGOs. The following constraints have been experienced:

1. Lack of sensitivity to access issues among policy makers, town planners, architects and engineers;
2. Lack of human and financial resources to enforce and monitor such legislation;
3. Lack of proper regulation of building construction activities in rural areas;
4. Lack of effective enforcement mechanisms for building by-laws; and
5. Lack of proper development and maintenance of roads.

5. Suggestions for cultivation of awareness of access issues

It is essential that policy makers, town planners, architects, local officials, professional associations of building developers and educational institutions become sensitive to access concerns. To achieve this, the following measures are proposed:

1. Access issues should be projected as matters related not only to disabled persons, but also to all sectors of society. If these issues are projected in isolation of the needs of society at large, they are not likely to occupy national attention. For example, if a ramp for entry into and exit from a building is linked with fire protection, in addition to access, it will perhaps be viewed with greater interest than if it were seen to meet the need of wheelchair users only.
2. Access issues should be part of the course requirements for diplomas and degrees in architecture, urban planning, building design, transport and engineering. This will lay a good foundation of trained human resources for improving accessibility.

The Government of India is contemplating modification of its national awards scheme to include an award for the improvement of accessibility. Workshops and seminars to raise awareness of access issues among policy makers, architects and engineers have been organized and will increase.

E. Japan ⁽⁵⁾

1. The current situation

The Ministry of Construction released in 1982 "The planning standards of buildings in respect of disabled persons" which architects need to refer to and which aimed to improve the accessibility of buildings. Since 1992, the Ministry has made efforts to promote better private buildings for the elderly or persons with disabilities by a "building improvement programme that is kind to people", through Japan Development Bank loans, etc. However, these measures have not been widely implemented because owners and planners of the buildings do not fully appreciate the need for improved access and the procedures to follow, and also because the owners have to pay higher building costs.

It is important to take the elderly or persons with disabilities into consideration in the design of public buildings so as to make their social participation easier and to make available services necessary for them. Some local governments have begun to enforce ordinances to take into account the elderly or persons with disabilities in specific buildings. Though these measures by local governments should be commended, they also have created some problems. For instance, the building standards of local governments differ and measures to reduce increased financial burdens on the owners of buildings have not been taken. Thus, it became necessary to establish uniform national standards and a financial assistance system for the owners of buildings after clarifying who should pay the increased building costs for making a building easily accessible to the elderly or persons with disabilities.

In January 1994, the Building Council submitted a report to the Minister of Construction on how buildings should be prepared for the arrival of an ageing society and the improvement of social participation of persons with disabilities. This report also included recommendations on how to improve buildings, depending on their characteristics, and on who should pay for the increased building costs for the elderly or persons with disabilities.

Under these circumstances, a bill for the promotion of construction of specific buildings accessible to elderly persons or persons with disabilities was proposed.

2. The bill for the promotion of construction of the specific buildings accessible to the elderly and persons with disabilities

(a) Purposes

The bill aims to ameliorate public welfare by improving the quality of buildings. The concrete measures proposed are to promote the construction of buildings that can easily be used by both the elderly and persons with disabilities, and those who are physically handicapped from temporary injury. The bill establishes that the Central Government determines the standards for public buildings for unspecified individual users and that local government heads oversee measures concerning the accessibility of buildings.

(b) Constructors of public access buildings

Builders are expected to take measures which make facilities accessible to the elderly and persons with disabilities, particularly in regard to hospitals, theatres, cinemas, auditoria, exhibition halls, department stores, and other structures determined by government ordinance. The facilities concerned are entrances and exits, corridors, steps, lifts, toilets, paths inside sites, and parking lots. The Minister of Construction determines the facilities involved and the standards required.

(c) Gubernatorial advice and instructions

The governor of a prefecture may give builders of public buildings necessary instructions and advice on designing and constructing buildings. The governor may give builders necessary directions when it is recognized that facilities installed in buildings with more than approximately 2,000 sq m of floor space are inadequate. The governor may require the builders to report on the design and construction of buildings or may permit appointed officials to go into the construction site of buildings and to examine them.

(d) Gubernatorial approval of plans of public access buildings

Builders are allowed to design the construction and maintenance of buildings to which the public has access and apply for the approval of the plans by the governor. Governors may approve the proposed plan when they recognize that the structures and the position of specific facilities meet required standards and that the financing of the project is adequate.

(e) Gubernatorial improvement orders

A governor may order approved builders to take necessary improvement measures when inspections reveal that those builders have not constructed and maintained buildings in accordance with the approved plan. A governor may cancel the approved plan if approved builders violate improvement orders.

(f) Funding

National and local governments are required to take measures to secure the funds necessary to provide facilities in specific buildings for the elderly and persons with disabilities. Budgetary support may be given for a building which provides public facilities. Special tax incentive may be granted to income-earning corporations, and a reduced enterprise tax charged for approved buildings. Loans may also be made available from the Japan Development Bank.

(g) Elevators installed in existing public-access buildings

An exception to the Building Standards Law may be made when an administrative agency recognizes that the construction and access to an elevator installed in an existing public-access building and exclusively for wheelchair users, meets safety and fire prevention standards.

(h) Exceptions to ratios of total floor area to site area

If the floor size of access facilities is larger than usual due to provisions allowing greater accessibility to the elderly and persons with disabilities, through the greater provision of corridors, steps, and toilets, etc., exceptions to the Building Standards Law may be made providing the building meets required standards.

(i) Measures for the promotion of research and development

The Government is required to promote the research and development of technology contributing to construction of buildings accessible to the elderly and persons with disabilities and to take measures to improve public understanding of the physically disadvantaged. Local governments are also required to promote the construction of buildings which are easily accessible to the elderly and persons with disabilities, taking into consideration government policies.

(j) Metropolitan cities

In certain cities, city mayors may exercise the powers of a governor in respect of building regulations.

3. Standards concerning public-access buildings

There are two standards formulated to implement this law: minimum standards and recommended standards.

Minimum standards will be used by the governor of a prefecture to provide advice and instruction to the builders concerning minimum requirements for access. Recommended standards will be applied to those buildings for which builders can seek special financial assistance from the Government (e.g., special interest loans and special tax exemption schemes) to make the buildings fully accessible.

(a) Summary of the standards

4. Loan programme

The Japan Development Bank provides loans and applies lower than usual rates of interest for those buildings which have been approved by the governor of a prefecture.

The Government provides the loans at special interest rates for the improvement of facilities in approved buildings for the elderly or persons with disabilities. These facilities include the corridors, stairs, and elevators of an approved building. For joint ventures between the Government and the private sector, no interest is charged, and for private businesses, a low interest rate is charged.

F. The Philippines ⁽⁶⁾

1. Introduction

The Philippines is an archipelago incorporating numerous urban centres on the larger islands. It has several distinctive political and administrative regions. The Central Government is based in Manila on the island of Luzon. The other islands come under separate, local political/administrative systems. Considerable disparities exist in the levels of development, rural and urban, on all the islands.

The delivery of basic services in the Philippines has recently been transferred from the national to local government offices. The National Council for the Welfare of Disabled Persons (NCWDP) is the official coordinating agency for persons with disabilities. However, current legislation on access does not make it clear that this is the case. This causes delays in implementing and monitoring access activities.

The implementation of access legislation has been given a relatively low priority in terms of government resource allocation. Since 1984, attempts to improve access have focused mainly on ambulant disabled and elderly persons. Information on the technical and legal aspects of accessibility has not been sufficiently distributed to those who are in a position to make changes. Awareness of access legislation and how properly to design accessibility features is consequently below standard. This applies to both government offices and the private sector.

Several self-help organizations of persons with disabilities exist in the Philippines. They have not yet been effectively combined with government campaigns for the promotion of barrier-free environments.

2. Access: the current situation

(a) Public buildings

Current access legislation has focused on new structures. Renovations which include accessibility features are dependent on budgetary limits and the policies of whoever occupies the building in question. Ramps are the most common type of access feature added to an existing building. Elevators are now installed in most newly-constructed buildings.

(b) Residential buildings

There is a higher degree of awareness of access issues amongst designers and architects in the Philippines than was the case a decade ago. However, this knowledge has not been widely utilized to create barrier-free access to buildings. Older buildings have not yet been systematically renovated to improve accessibility. A recent national priority has been to provide substantial amounts of cheap housing for an increasing population. Accessibility is not a built-in feature in these structures.

(c) Commercial buildings and complexes

Access features are now built into some, but not all, newly-constructed commercial buildings and complexes. Reserved parking spaces for elderly and disabled persons, ramps, elevators, and larger toilets are common. More needs to be done to increase awareness among architects and building managers so that they become sensitive to the needs of elderly and disabled persons.

(d) Roads

Manila and other densely populated areas have been successful in providing ramps and kerb cuts. Many of these features were constructed by private contractors and vary considerably. There is now a growing understanding that it would be highly advantageous for consultations with disabled and elderly persons to take place before, during and after construction work. Manila has installed some auditory traffic signals along major thoroughfares. Smaller side streets do not have these signals yet. Buttons for activating pedestrian lights are available in places but are frequently installed at the wrong height. Some visual street signs have actually blocked kerb cuts. Public bus stops often have ramps but in the wrong place on the road.

(e) Public transport

Highly urbanized areas have no central public transport system. Many transport systems in the city are operated by private companies. Modifications and access improvement efforts are therefore inconsistent. In rural areas the situation is much worse.

The ubiquitous "jeepney" that serves as the basic form of public transport in the Philippines has undergone many alterations in recent years. Despite these changes, the jeepney remains largely inaccessible for elderly and disabled persons. A further drawback is that drivers of most public transport vehicles are usually not sensitive to the needs of elderly and disabled passengers.

International airports in the Philippines have been in operation since the 1970s. Access facilities in them are somewhat dated. Domestic airports have few or no access facilities. The same obtains for sea ports.

The Ministry of Transportation and Communications is responsible for the implementation of accessibility legislation on transport.

3. Legislative and policy provisions: background

In 1978, a Presidential Decree created the National Commission Concerning Disabled Persons (NCCDP). It was attached to the Office of the President and has since been amended. In 1987, the "Freedom Constitution" recognized the basic rights of persons with disabilities. In 1987, an Executive Order replaced the NCCDP with the National Council for the Welfare of Disabled Persons (NCWDP). It was attached to the Department of Social Work and Development (DWSD) and has since been amended. The "Magna Carta for Disabled Persons" (1991) provides for the rehabilitation, self-development and self-reliance of disabled persons. It calls for their integration into the mainstream of society.

(a) Building regulations

Existing building by-laws and regulations in the Philippines do not yet contain suitable provisions for the promotion of barrier-free environments. A joint committee, consisting of professional representatives from the Government and the private sector, formulated a national Building Code. Enforcement of this code and monitoring of its implementation is initiated by the Ministry of Public Works and Highways. The NCWDP is the coordinating body for the implementation of access legislation. Its activities include:

1. Planning and formulation of programmes for the sector;
2. Monitoring and evaluation of issues relevant to the sector;
3. Formulation of policies and proposed legislation;
4. Initiation of advocacy programmes; and the
5. Holding of consultative meetings within the sector.

(b) Constraints to the implementation of legislation

The constraints to the implementation of legislation include the following:

1. The lack of coordination among agencies dealing with the implementation of access legislation causes confusion and delays;
2. Insufficient enthusiasm in the private sector and the Government;
3. Insufficient support from a broad range of participants to create a barrier-free environment; and
4. Shortage of technically-trained workers to expedite proper implementation.

4. Suggestions for the improvement of access

Accessibility in the Philippines may be improved through activities such as:

1. The direct involvement of disabled and elderly persons from the very onset of the construction process;
2. Design contests for innovative access features in buildings and residences to increase awareness (for example, a Breaking Barriers Art Contest, sponsored by a multinational chemical firm, was recently organized in the Philippines);
3. Audio-visual materials, posters and leaflets made and distributed to increase awareness;
4. Seminars and workshops arranged with disabled and elderly persons, government and non-government organizations;
5. Local and national multi-media campaigns for the rapid dissemination of information (information agencies, newspapers, radio stations, television and local journalists can be utilized in these campaigns);
6. Special promotional days to increase awareness of the various types of disability; and
7. Training programmes and role-play materials for groups such as drivers, building attendants and hotel staff.

G. Singapore ⁽⁷⁾

1. Background

Singapore is an island republic with a population of just over 2.7 million. The Housing and Development Board (HDB) is the sole national authority responsible for physical planning and implementation of public housing. Much of the housing development carried out in the last 25 years has been high-rise. Over 87 per cent of the population is housed in HDB-produced housing. About 78 per cent of these dwellings are owner-occupied.

The central commercial areas of the city are packed with some of the tallest high-rise buildings in South-East Asia. The Urban Redevelopment Authority (UREA) is responsible for the planning and development of the commercial and private-sector areas. The island as a whole has a well-developed infrastructure. This includes roads and footways, telecommunications and a sanitation and storm-water flood-control system. These facilities are largely the responsibility of the Public Works Department (PWD). As with UREA, PWD is part of the Ministry of National Development (MND).

Most of the recent development in Singapore has been strongly influenced by market forces. In recent years, a set of "Agendas for Action" was decided. Their purpose was to look at aspects of Singaporean society which would benefit from a more "humane" form of social development. Studies were conducted to assess the needs of minority groups. In August 1988, a report on employment, accessibility and transportation for disabled people was published. The introduction of a mandatory Accessibility Code for all buildings, including existing buildings, was called for in the same report.

The Central Registry of Disabled Persons (CRDP) recorded, at the end of 1988, 12,526 disabled people, i.e., less than 0.5 per cent of the total population. However, as the benefits of being registered as a disabled person are few, not many people bother to register. It may be assumed that a more realistic figure would be 97,000 (in 1988).

An Advisory Council for the Disabled was formed in April 1988 to develop programmes for disabled persons. In 1989, on the recommendation of the Advisory Council, the CRDP was dissolved. A 1988 report estimated that the section of the population consisting of persons over 60 years old would reach 332,390 (11 per cent of the total population) by the year 2000. Projections show this figure increasing to 26 per cent by the year 2030.

2. Recent advances in legislation

Concern over the provision of a barrier-free environment has been growing in recent years. Since 1978, all of Singapore's new town centres and the ground floors of housing blocks built by the HDB have been equipped with some access features. Modifications have been implemented as part of five-yearly maintenance cycles.

In 1980, a study team was formulated to deliberate on the need for legislation for a "barrier-free environment for disabled and elderly persons." However, a true appreciation of the needs of disabled and elderly persons had still not been achieved.

In 1981, a design guide entitled "Barrier-Free Design For the Physically Handicapped in Singapore" was published by the Singapore Institute of Architects (SIA). It was intended to assist architects in convincing clients voluntarily to incorporate access features into new buildings. The Singapore Council of Social Services (SASS) published a booklet entitled Access Singapore: A Guidebook of Accessible Places in Singapore for the Physically Disabled (1981). It was updated in 1989 and 1991.

In 1983, a committee recommended that building regulations should be amended to incorporate an Accessibility Code. Basic access features were recommended for incorporation into all government buildings, public walkways, parks and gardens.

In July 1985, voluntary implementation of a set of access guidelines was proposed by the Ministry of National Development (MND). No legislation was suggested. The SIA and the Real Estate Developers Association of Singapore (REDAS) subsequently agreed to adopt the guidelines. The professional and private sectors were slow to do the same. It seemed that without some form of legislation, a barrier-free environment could not be realized.

By April 1989, the new building regulations were on the statute books. The "Code on Barrier-Free Accessibility in Buildings" appeared in February 1990. The Code covers 13 types of building and car parks. These include residential, commercial, educational and health buildings.

The Code gives dimensions and details for doors, corridors, stairs and ramps. Minimum sizes and heights for control buttons in elevators are included but no mandatory requirements for audible signals are given. Toilet and bathroom dimensions for wheelchair users and ambulant disabled persons are comprehensively covered. Reserved parking spaces and barrier-free access to pavements are covered. Writing and service counters must be of a certain height and have enough space underneath them for wheelchair users. The Code is written in language which is easy to understand.

Many commercial buildings over 10 years old are currently being upgraded. Renovations are to include access features from the Code. In spite of this, the majority of existing buildings will probably remain inaccessible for quite some time.

The Disabled Services Division of the SASS has played an important role in coordinating a wide range of activities in support of barrier-free environments. They fund 20 voluntary welfare organizations and help to voice the needs and aspirations of persons with disabilities to official channels. The SASS also distributes subsidies from its Community Chest.

3. Current access situation

(a) Walkways

The PWD has drawn up proposals for a scheme to create a level, barrier-free walkway system for the commercial centre of Singapore. Plans include similar improvements for tourist areas. The upgrading will eventually include the removal of all barriers such as kerbs and steps.

(b) Public transport

The Mass Rapid Transport (MRT) system provides limited seating and no toilets within its ticketed area. The vertical escalators in the system move very quickly. Some seats on the MRT are marked for priority use by elderly and disabled persons. But only ambulant-disabled passengers would be able to reach these seats. The system has not been designed to facilitate its use by wheelchair users. Some authorities hold the view that the presence of wheelchairs would cause evacuation problems in an emergency.

Taxi services in Singapore are economical and efficient. Some taxis have stickers announcing that they are "Care Cabs" for disabled and elderly persons. A taxi-subsidy scheme exists to alleviate fare problems for those who are unable to meet the costs of daily rides. Recently introduced London-type taxis are proving especially useful for accommodating wheelchair users.

4. Constraints in creating a barrier-free environment

Kerbs or steps in the street often stop access to buildings which already have toilet facilities for disabled and elderly persons. Public footways leading to some buildings are, however, barrier-free. But, on arrival at the threshold of the building, it is often the case that there are steps up to the front door.

In view of the equatorial climate in Singapore, it is important to provide suitable areas of shade and shelter for disabled and elderly persons who may otherwise face difficulty in protecting themselves from the sun and rain. The climate also poses real problems for designers of barrier-free pedestrian routes. The incidence of rainstorms and the volume of water which these produce require that any hard paved area must have drains. Water must be stopped from flooding the basements of buildings. For this reason, high kerbs, often 200 mm or more, are necessary. Raised thresholds at building entrances and storm drains with metal gratings are ubiquitous features in city streets.

Some consideration needs to be given to local floor-cleaning methods. Copious amounts of water are traditionally used to wash dirt into drains from the streets surrounding markets, canteens and bathrooms. Raised floor levels, to prevent washing water spilling into other areas, are common.

Shopping centres and hotels are often set back from the street. Vehicular access to these is by means of a service road running between the building and the footpath. The footpath is usually cut across by the entry/exit road. This makes it dangerous and extremely difficult for wheelchair users and for pedestrians. Some service roads have now been relocated to the outside of the walkways.

Many of the large commercial buildings in Singapore have multi-storey or basement car parks. These usually have an elevator leading to the main floors. These buildings are generally accessible by the wheelchair user who arrives by car. A wheelchair user wishing to arrive by taxi would normally be taken to the front door which may have kerbs or steps.

Footbridges over roads are common. These are effective for ambulant pedestrians but elevators would be required if disabled and elderly persons were to gain access.

5. Conclusions

It is too early to assess the effects of recent developments in legislation and renovation, especially as most newly-built buildings had been approved before the access legislation came into force. Nevertheless, it has become clear that it is not only disabled persons who gain from access improvements. Elderly persons, pregnant women, parents with children in pushchairs and children also benefit.

Tourism is a major source of income in Singapore. A high proportion of visitors are elderly citizens who are attracted by the safe and clean image of the city. Improved access to shopping areas, around hotels and at historical sites will give greater international prestige. Significant change in government policies toward consideration of the needs of minority groups are great steps forward for a more "caring society."

1. Based on a paper by Michael Fox, Director, Access Australia, Mosman, New South Wales, Australia.

2. Based on a paper by Robert A. Fern, Chief, National Access Programme, Parks Canada, Department of Canadian Heritage, Hull, Quebec, Canada.

3. Based on a paper by Maija Konkkola, Project header, National Association of the Disabled, Helsinki, Finland.

4. Based on a paper by Santosh K. Rungta, General Secretary, National Federation of the Blind, New Delhi, India.

5. Based on a paper by Hiroyuki Honjo, Assistant Manager, Technology Development Section, Government Housing Loan Corporation, Tokyo, Japan.

6. Based on a paper by Angel Lazaro, Jr., Member, Federation of Organizations for Disabled Persons in the Philippines, Inc. (KAMPI), Quezon City, The Philippines.

7. Based on a paper by James D Harrison, Senior Lecturer, School of Architecture, National University of Singapore.

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ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC
Promotion of Non-Handicapping Physical Environments for Disabled Persons: Case Studies
- Chapter 2 -

UNITED NATIONS
New York, 1995