Report of the CIB Expert Seminar on Building Non-Handicapping Environments, Budapest 1991
Access legislation in the Czech Republic
Miloslav Maxa., Czechoslovak Building Centre Prague, Czech Republic
Contents
This report addresses the present state of the problem, to the author's
knowledge. No other government documents are known to exist. The author
is engaged in the removal of built environment barriers, providing material
and product base for construction.
Basic documents
The only binding document on access legislation is Decree No. 53/1985 covering
general technical requirements on usability and accessibility of structures
by persons with disabilities. Other documents under study are the First
Draft Regulation (CSN) on Structures for people with motor-disabilities
(general typological requirements) and the First Draft Regulation (CSN)
on Structures for people with optic-disabilities (general typological requirements).
Both were elaborated by the State Research Institute for Typization na Bratislava,
Drienova 34.
Regarding transport problems, the Institute recommends an extra regulation
for road construction under the Federal Ministry of Transport. The elaboration
of the First Draft Regulation was preceded by an analysis distributed to
71 respondents for their comments. 44 respondents answered the submitted
draft. The following legislation was taken into account framing both regulations:
the above-mentioned Decree No. 53/1985; German regulations DIN 18024 (2nd
part); DIN 18025 (1st part) and Yugoslav and Hungarian regulations on usability
of structures by disabled people.
Specific data
Access norms are based on both numerical data (measures, etc.) and performance
and typological criteria. When these regulations are passed and become valid
they will be binding for all participants in the construction process who
will thus be obliged to comply with these regulations, i.e., everybody following
these regulations becomes responsible that they are not violated. Building
offices or institutions approving construction work should be authorized
to control the legislation enforcement. The most effective mechanism for
practical enforcement of these regulations is financial subsidy. As far
as law suits against individuals for damages if these norms are violated,
such a situation is possible but the question is, with what effect? The
mentioned Draft Regulation is elaborated for persons with motor disabilities
but does not cover cognitive disabilities.
The definition of the regulation includes access to the structure from the
street, access within the structure and access to other facilities (e.g.
toilets). Access does not depend on the size of the structure but, for example,
on the number of people accommodated in a hotel, or the number of seats
in a cinema/theater, etc.
Elevators are the subject of individual articles of the regulation (art.
36-43). The minimum dimensions are 110 cm x 140 cm. After the regulation
becomes valid all structures covered by this regulation should be constructed
accessibly. Existing structures should be made accessible, if it is constructionally
possible, by remodelling, modernization, innovation etc. Where regulation
cannot be enforced, the investor must apply for exception, presenting documentation
proving that no other solution is possible. In such a case the investor
has to ensure accessibility by other means (with the help of attendants,
etc.).
Draft Regulation on structures for people with physical disabilities is
proposed to refer to the following constructions:
a) residential buildings
b) multi-family buildings with apartments designated exclusively for disabled
people
c) public buildings especially for:
- administration and management
- shopping and boarding
- services and postal and telecommunication services
- physical training and recreation
- schools and culture
- health service and social care
- temporary accommodation, hotels, etc.
In the case of structures for people with visual impairments, this regulation
is valid for the following structures:
a) residential buildings
b) multi-family buildings with apartments designated exclusively for people
with visual impairments
c) public buildings especially for:
- administration and management
- services, and postal and telecommunication services
- physical training and recreation
- schools and culture
- health service and service care
- temporary accommodation.
The regulation does not refer to public environments except for access from
the street. Information about the passing of all new norms (i.e., also of the
above-mentioned) is distributed in a specialized periodical, "The Czechoslovak
Standardization". Furthermore, we shall give public notice of this new
regulation in our new publication to be issued together with the catalogue of
products by the Czechoslovak Building Centre Prague in 1991. Czechoslovak state
norms are not accompanied by examples of practice.
When passing access legislation, the interests of disabled and old persons should
be represented by the Union of Disabled People in Bohemia and Slovakia and also
by the respective Ministries, i.e., Health, Work, and Social Affairs. Consumers
can be involved only when they are convinced that the norms are violated. In
such a case they can contact their Member of Parliament (Deputy). The enforcement
of access legislation was initiated by the Union of Disabled People, the pressure
of individuals, and by the interest of governmental institutions. A great role
in enforcing this legislation was played by the International Year of Disabled
Persons in 1981.
I express great gratitude and thanks to Ing. arch. J. Zapletalova, CSc. from
the State Research Institute for Typization in Bratislava for her contribution
in preparation of both these norms.
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