Building Compliance With the ADA is Just Black and White.

There is no mystery.  The ADA has been here for 20 years and the ADA Amendments Act since 2008.  Building owners are either in ADA compliance or not in ADA compliance.  Let me step back a minute.

When I use or refer to ADA it is the Americans with Disabilities Amendments Act of 2008 with an effective date of January 1, 2009.  There is a strange situation with the ADA.  Nowhere have I seen where it says the ADA of 1990 has been replaced by the ADA of 2008.  But, really, that is what has happened.  The big change is the numbering system and a more definitive explanation of who is disabled.  The result is more people fall under the umbrella of being disabled.  Age is not mentioned and it is obvious that as our population ages we will have more people that will fall under the umbrella of being disabled. 

So, what does all this mean to building owners?

Get your act together and get your building ADA compliant.  Yes, it will cost money.  The cost of a lawsuit will also cost money.  That cost could be a quarter of a million dollars and not a penny going into getting your building ADA compliant.  Most architects and contractors solutions are the same.  They have been using the same formula for years and were not, and still not as of today, in ADA compliant.

As an architect, what upsets me the most is when I see building owners spend money for ADA compliance and do not get it.  The U.S. Department of Justice (DOJ) says that they are seeing more litigation each year.  We now have law firms that specialize in ADA building non-compliance.  If your building is not compliant, you may be next in line for that ADA building non-compliance complaint. 

For more than a year now we have been offering our professional accessibility architectural service to the wheelchair users to file ADA non-compliant building complaints free of charge.  ACCESS enjoys our work with the wheelchair user community.  We are at you service and welcome all inquiries.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

More Findings on Private and Public Areas (Condominiums)

36 CFR Parts 1190 and 1191; Federal Register / Vol. 69, No. 141 / Friday, July 23, 2004 / Rules and Regulations page 44084 have the following sentence:

“The ADA applies to places of public accommodation, commercial facilities, and State and local government facilities.”

In the ADA of 1990 commercial facilities are Title II and State and local government facilities are Title III.  So what are places of public accommodations?

In the opinion of ACCESS, these public accommodations are public amenities within a building, in a separate building or on the site that are not in the private areas of the building.  The private area of a building is the space inside ones front door.  In the case of a condominium, it would be all the common areas on the other side of ones front door.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Wheelchair Users in Condominiums Are Being Stiffed Regarding Common Area Accessibility

The purpose of the Americans with Disabilities Act (ADA) is to prevent discrimination especially in Civil Rights Law.  These building accessibility requirements are addressed in the Civil Right Laws of the Fair Housing Act (FHA) of 1968 and 1988 plus the ADA of 1990 and 2008. 

In the early 1990's, the Ingersoll case is especially interesting.  Marriott was concerned about its time shares.  Was the jurisdiction FHA, ADA or both?

The ruling by the Federal Judge was ADA.  The reasoning was they operated and functioned more like hotels than residences.  Condominiums are a little more of a challenge.  It's obvious that inside the unit (ACCESS calls this "private space"), the jurisdiction is FHA.  But, what about the accessible route to and around the building, the common areas within the building, and outside the building?  These areas (ACCESS calls "public areas") are available to all owners or renters.  The common areas really operate and function more like public areas of buildings, therefore, in the opinion of ACCESS, are public areas.

There is jurisdiction in the ADA Amendment Act of 2008 that addresses housing in Title 42, Chapter 126, Section 12101 (a) (3); and it is here, in the opinion of ACCESS, where the jurisdiction for the condominiums accessible routes and common areas requirements are those of the ADA.  Those building requirements of the ADA are called guidelines.  These guidelines and ANSI are 95% the same; so, they are both on the same track.

The difference is that ANSI is enforced by building officials.  ANSI has been around since the early 1960's.  Forty years later, we get the ADA, a Civil Right Law addressing building accessibility for the disabled with enforcement by Federal Judges.  This resulted in uniform building accessibility with real enforcement.  In the opinion of ACCESS, this is what is really needed today in housing as it pertains to condominiums and apartments.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

ADA & FHA: Apartments and Condominium Units

Last month, we have been talking about the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), as those requirements pertain to apartments and condominiums.

Both the ADA and FHA requirements, and, to simply those requirements, think of those requirements inside the apartment unit or condominium unit as being FHA, and outside of the unit as ADA.  The March 1991 Grandfathering found in FHA only applies to the inside of the units and the reason why is that of retrofit cost or the fact that in some cases impossible to do.

Keep in mind that the developer is no longer in the picture and now we are dealing with individual owners.  Now, we can go one step further and say that if we have apartment units with Federal government funding, that we see in government housing, then those units have the highest degree of accessibility requirement as found in the ADA.

This is all in the opinion of ACCESS and over the course of the next few years, I expect we will see Federal case law in support of the ACCESS opinion, as we are moving forward with the filing of ADA non-compliant building complaints.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

From the Fair Housing Act to the Americans with Disabilities Act

We start with Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act (FHA).  In 1988, Congress passed the Fair Housing Amendments Act.  The Amendments Act expanded coverage of Title VIII to prohibit discriminatory housing practices based on disability and family status.  In 1990, Congress passed the Americans with Disabilities Act (ADA) and followed in 2008 with the Americans with Disabilities Amendments Act.

The FHA and the ADA both address disabilities issues as it pertains to housing.  FHA disabilities issues are addressed by government officials of Housing and Urban Development (HUD) and all litigation is by the U.S. Department of Justice (DOJ).  The ADA has no comparable government officials to (HUD) and all litigation of the ADA is by the U.S. Department of Justice (DOJ), almost.

The reason why ACCESS says almost is because the ADA really has a double track.  ACCESS even goes so far as to say the system is broken.  Sandra Day O'Connor, the former Supreme Court judge said she does not understand how anyone can understand the ADA.  In 1993, the professional accessibilities architects of ACCESS limited their practices to accessibility issues in buildings.  So today, 18 years later, we feel we have a good understanding of building accessibility issues.

For the last year we have been offering our services to wheelchair users free in a program we call "Watchdogs in Wheelchairs".  This program uses the free Federal Courts to enforce the ADA building requirements.  The ACCESS "Watchdogs in Wheelchairs" for ADA building enforcement is the same as the government HUD program for FHA.  Therefore, all advocates of ADA building compliance, we are your HUD and we at ACCESS guarantee that with our program we will certify buildings to be ADA compliant.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Broken System

I know, I said the system is broken and I really mean it, so let me explain.


It is broken two places.  We have FHA and ADA both address building accessibility.  No where in this government program is there anything that will tell you that this requirement replaces a former requirement.  Because this is all Civil Rights Law which requires a Federal Judge's decision, maybe the reason for this dilemma.


In the opinion of ACCESS, where there are FHA requirement that are different from ADA requirements, the ADA requirements trump the FHA requirements.  The second place it is broken is really laughable.  The ADA requirements for the "Safe Harbor" for design and construction are written by a government agency call the Access Board.  That document is called the ADA and ABA Accessibility Guidelines; Final Rule with a federal Register date of July 23, 2004 and an effective date of September 21, 2004.  ACCESS uses this document in all its Federal Court litigation.  The U.S. Department of Justice (DOJ) is required to use its standard in all its Federal Court litigation. 


So what is the big!?


Well, the DOJ needs to take that Access Board Guidelines with an effective date of September 2004 and make it their standard.  This they have done and they will start using this standard in March of 2012.  So what will they be using until 2012?  They are required to use their old standard review as of July 1, 1994.  I know, from 2004 to 2012 is 8 years.  Now do you agree this government program is broken? 


And, with ADA there is no Grandfathering.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Hospital Signage

One of the biggest challenges in hospitals is trying to find where you are supposed to go, and once there, how to get back to where you started.  It is all about signage and signage that per requirements of the ADA.

Yes, you are correct.  Signage requirements are also covered in the International Building Code (IBC).  For starters, permanent rooms and spaces are required to be signed.  Directions to or information about interior spaces are required.  Means of egress is required to be signed.  Instructions in areas of refuge are required to be signed.  The route to accessible means of egress is required to be signed.d  Accessible parking and loading areas are required to be signed. 

Where not all entrances are accessible, signage is required to the nearest accessible entrance.  When not all restrooms are accessible, signage is required to the nearest accessible restroom.  TTY telephone require signage both at the telephone and directional signage to the TTY telephone.  In assembly areas, assisted listening systems signage is required to inform patrons of the availability of the assisted listening system.  Where not all checkout desks are accessible, signage is required to identify by numbers letters or functions, the location of the accessible checkout desks.

Yes, hospitals are required to have all kinds of signage.  Some signage will be lines on the floors, wall signage and overhead signage.  The real challenge is to have that signage designed so that it will actually work.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Hospitals and Existing Conditions

The American with Disabilities Act (ADA) was passed in 1990 and many of our hospitals were built or have buildings prior to that date.  The question is, are they Grandfathered?

First of all the ADA has no Grandfathering.  One is either in compliance or not in compliance.  Buildings prior to 1990 were required to audit their facilities and come up with a plan to get them ADA compliant.  In the real world, this was not done, and if it was done that report has ling been lost.

Was there any teeth int he ADA of 1990?  The answer is yes.

There is a 20% requirement.  Most hospitals had added facilities or remodeled facilities since 1990.  The ADA says that up to 20% of the money spent on new facilities or remodeled facilities must be allocated and spent on making their buildings (built prior to 1990) ADA compliant.

Have hospitals done that?

We at ACCESS do not know the answer; but we certainly can review the financial data and all building permits since 1990 and come up with the answer.  The answer will most likely be no, the 20% rule wasn't followed.  But what if the hospital could not afford to retrofit?  That is the whole point of the 20% rule.

If hospitals could afford the ADA retrofit then they were required to do the ADA retrofit.  If they could not afford the ADA retrofit, that is where the 20% rule come into play.  If they could afford construction or remodeling construction 30% of the money was to be spent on bringing their existing buildings into ADA compliance. 

What if it was not possible to bring the building into ADA compliance?  We at ACCESS have heard that story more than once.  All I can say is that in my 19 years of specializing in ADA retrofit construction work, we have never seen a condition that we could not come up with an ADA retrofit solution.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Van Accessible Parking Space

It should be real easy to get ADA compliant for the hospital van accessible parking space.  For starters that van accessible parking space that serves that hospital entrance is required to be located on the shortest accessible route from parking space to entrance.

Most hospitals will have more than one entrance so the ADA requirement is to have a van accessible parking space at each hospital entrance.  The van accessible parking space is required to be level, that means less than 2.0% in both directions for that entire van space which is 8 to 9 feet in width and 18 to 20 feet in length.  The van access aisle which is about the same size as the van parking space must also be level. 

Now this van access aisle must adjoin an accessible route.  The accessible route cannot be in the vehicular way, so that route must head toward the front of the van accessible access aisle along an accessible route to the hospital entrance door.  The cross slope in that accessible route must be level, which means not over 2.0% as measured by a smart level.  The direction of travel slope must be less than 5.0%.  In new construction, ACCESS will tell the Civil Engineer to design that slope at 4.0%.  When the direction of travel slope exceeds 5.1%, then by definition we have a ramp and hand railing are required.

In front of the door is a landing by definition that is 5 feet in depth and this door landing area is required to be level, meaning less than 2.0% in both directions.  I am asked can this accessible route cross a vehicular way, and the answer is yes.  It cannot run parallel with the vehicular way.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Hospital Entrance Doors

Hospital entrance doors are a challenge for wheelchair users.  So what is the ADA requirement?

The ADA does not require automatic and power assisted doors, and when the requirements where found, it states that the requirements are found in building codes.  ADA does not have separate requirements.

In the opinion of ACCESS, hospital entrance doors are usually also exit doors for fire.  So, the ADA says these fire doors shall have a minimum opening force allowable by the appropriate administrative authority, which in most situations are the building department and the fire department.  Building code does say that the door shall be set in motion when subjected to a 30 pound force; and the door shall swing to a full open position when subjected to a 15 pound force.  It goes on to say that the forces shall be applied to the latch side of the door, that is inside of the building.

So why is this so complicated?  Blame Mother-Nature, it is the wind.  Wind blowing on the door and wind turbulence which actually will open the door, so the closure has to be able to key the door closed, which in turn will require a greater force to get the door open. 

So, if you are looking for an ADA censor to that hospital entrance door, there is none.  The good news is that many hospitals understand this entrance door opening challenge and have installed on their own automatic and power assisted entrance doors.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Hospital Saga Continues...

Do wheelchair users need to have the same amenities that non-wheelchair users have in hospitals?  The answer is a resounding YES.

Now, let's be specific.  You go down the hall to X-Ray and need to sue the bathroom and you are told the 'handicapped' bathroom is down the hall by admissions.  On the way down the hall you pass a mens' and women's bathroom complex that is not accessible.  That is a violation of the Americans with Disabilities Amendments Act of 2008 (ADA) with an effective date of January 1, 2009.

All bathrooms are required to be accessible...well almost.  Let me give you an example.  When you get to X-Ray there are three unisex bathrooms.  There we have the 5% rule, of the three individual bathrooms only one needs to be accessible.  Remember, the purpose of the ADA's objectives is to provide a clear and comprehensive national mandate for the elimination of discrimination and a clear, strong, consistent, enforeceable standard for addressing discrimination by reinstating a broad scope of protection for the 'handicapped' that is available to the wheelchair user under the ADA.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Hospital Waiting Rooms Challenges

Hospital waiting rooms can be a challenge for the wheelchair users. 

First of all, the question of how many handicapped spaces are required.  Assembly areas has the answer of 4-25 seats = 1 wheelchair space; 26-50 seats = 2 wheelchair spaces; 51-150 seats = 4 wheelchair spaces.  Now, can the spaces be all together?  The answer is no, the spaces need to be dispersed.

There is a requirement for one companion seat for every wheelchair space and the two are required to be able to sit should to should.  So, that companion seat can not be against a wall because for the that wheelchair user to sit should to should, that wheelchair needs to be 12 inches further behind the companion seat.  Is there a requirement to identify the wheelchair space?  The answer is no.  However, in some situation it may be a good idea for the protection of the owner just to let everyone know that wheelchair spaces have provided.

The condition that is usually overlooked is that of someone with hearing challenges.  It is the hospitals' responsibility to communicate with the hearing impaired.  The best solution I have seen is that pager that vibrates and flashes when your number is called.

Bench seating now has greater definition in Section 903 of the ADA, where it lists the requirement that one bench be accessible, again based on the 5% rule.That bench is required to have a back support that is a minimum of 42" long and extend from a point of 2" maximum above the seat surface to a point  of 18" minimum above the seat surface.  The height of the bench see to between 17-19 inches.  The structural bench strength be able to hold a 250 pound force applied at any point on the seat, fastener, mounting device or supporting structure.

If you find that the appropriate spacing for a wheelchair user is not provided, let us know.  Take a camera with you and take pictures, lots of pictures and send them to us.  We'll determine whether the waiting room is in compliance or not.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Litigating Attorney Role - Part 1

What I've learned from one of the leading litigating attorneys, who always prepared for both sides for the case, is that the best way to prepare oneself for any litigation is to always research the case and find the both strengths and weakness of the case in the filing.That's what I call thoroughly preparing for the litigation of the case. 

Is this work that the attorney should be doing?

Not really, the ADA knowledge and experience rest with ACCESS.  It's our job to get it into the attorney's hands and be sure they understand what they have.  There hasn't been much case law concerning buildings complying with the ADA.  There has been a lot of litigation pertaining to the employment area of the ADA over the last 20 years.  So, attorneys do not have much experience with ADA building compliance law.

My experience tells me that litigating attorneys do not like to lose, well neither do I.  The reason I have never lost a case is my preparation and ability to communicate my experience and knowledge to the attorneys on our team.  In other words, you're in good hands with ACCESS.

I'll expand more on the roll of the litigating attorney in a future post.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

How Are Bars Designed to be Accessible?

We had this challenge over then years ago on a very large hotel casino project that was under construction and also under investigation by the U.S. Department of Justice.  The actual bar had gaming machines built into the bar.  The bar is an assembly area, so scoping gives us the the number of wheelchair spaces that are required. 

Next we needed width, which would include the wheelchair space and the companion seat.  The companion could be another wheelchair so that dimension is 66" in width.  That 66" is a minimum dimension and architects never design to the minimum or maximum, so the design dimension will be 68" in width.  There is a range in the bar height between 28"-34".  So, the design will be set at 32" above the finish floor. 

The approach to the bar is a frontal approach.  There will be a requirement for knee and toe clearance underneath the top of the bar.  The knee clearance has a 27" dimension under the bar, so the design dimension will be 28" above the finish floor, with a design depth of 12 ".  The toe design depth is 19" and the overall width of this pocket is a design width of 32".  The bar stool will not work so the seat is comparable lounge chair. 

We always design the handicapped area to be in the center area, not at the end of the bar.  The design challenge, in the opinion of ACCESS, is to not have the accessible part of the bar look like a handicapped area.  A good solution is a "U" shaped pod that seats 4 - 5 people in chairs around the "U" with a 30" walk way in the middle of the "U" for the bar tender.  Any chair can be removed and a wheelchair inserted in the space for a frontal approach.  I know, this part of the bar becomes very popular.  If a wheelchair person comes in and all the accessible spaces are occupied with non-handicapped people do they have to move?  The ADA law does not require them to move, the ADA law just requires the owner to provide so many accessible spaces. 

That accessible space is like the accessible stalls in a restroom where anyone can use the accessible stalls; not like handicapped accessible parking stalls where only people with handicapped stickers can use the handicapped parking space.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Are there different accessibility requirements for hospitals?  The answer is yes, but let's get everything into perspective.

There are some general areas in all buildings.  I call one area the site.  This is everything on the outside of the building, such as: sidewalks, curb ramps, benches, signage, parking, loading zones, stairs, railings and any recreational facilities.  Then the inside of the building we have the medical equipment, such as: surgery, radiology, treatment areas, exam rooms, exam tables, beds and any, and all, other medical equipment that is found in a hospital.

Lastly, we have the building itself, and here I really do not see anything different from any other building.  Every hospital has areas of specialization, of which there may be 6 or more.

The ADA talks about dispersions and that means the disabled has to have the same choice.  So, there has to be a handicapped room or space in each area of specialization.  A good rule of thumb is 5% of the spaces needs to be wheelchair user accessible.  This means there has to be at least one, and add a second based on the 5% rule. 

Let me give you an example by taking a hospital bed. 

We need an accessible bed in each area of specialization.  So using the 5% rule, once our bed count in an area of specialization goes over 20 bed, there is an ADA requirement to have another accessible bed.  So, what is an accessible bed?  There is an ADA transfer requirement height and that is 17"-19".  The hospital bed is also used for examining of the patient and treatment.  The accessible bed now is going to have an adjustable height from 17" on the low end to whatever the standard height of the bed is.  The height needs to be controlled by the patient, so the push button needs to not only control the head, the foot, but the overall height.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Hospital Passenger Loading Zones

I have had some questions regarding loading zones.  So lets look at Section 209.2.1.

• 209.2.1 Passenger Loading Zones.  Passenger loading zones, except those required to comply with 209.2.2 and 209.2.3, shall provide at least one passenger loading zone complying with 503 in every continuous 100 linear feet (30m) of loading zone space, or fraction thereof.

So what is applicable here for hospitals? 

Section 209.2.2 is for bus loading zones and Section 209.2.3 is for on-street bus stops, but is not applicable here for hospitals.

The words "at least one" means there may be conditions where more than one accessible passenger loading zone will be required.  Section 209.2.1 does not say accessible, it is inferred as it is in the ADA and ABA Accessible Guidelines; Final Rule.  Section 209.2.1 says every continuous 100 linear feet; if the loading zone is over 100 feet, two accessible passengers loading zones would be required.  That would also hold true for each 100 linear feet; 450 linear feet would have 5 accessible passenger loading zones.  Really, where are these

 hospital accessible passenger loading zones?

A hospital is a very complicated facility with many entrances.  Each entrance is required to have an accessible passenger loading zone.  When there are two entrances that are designed to work together, one accessible passenger loading zone may work. 

Now for the real challenge: Where is an accessible passenger loading zone?  In architecture, we say design follows function.  I always look and see where people are being dropped-off, or picked-up.  That is the areas that is functioning as a loading zone and where an ADA accessible passenger loading zone is required. 

One thins is for sure, and that is hospitals will have more than one accessible passenger loading zone.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Access Board: Thier Roll in Access to Medical Diagnostic Equipment

I have had some questions on the Access Board, and how they work regarding access to medical diagnostic equipment.  They start with meetings.

• The purpose of the meetings is to gather information form stakeholders, including consumers, equipment manufacturers, the health care industry, government agencies, and others with an interest in the new standards.  The first meeting will begin with presentations by the Board on the rule making process, the regulatory steps involved, and a proposed timetable for completing the standards.  The agenda will include panel discussion on various topics and opportunities for public comment.  Subjects to be discussed and explored include the range of equipment to be addressed, access barriers to equipment, design challenges, key issues, reference standards, and other topics encompassed by this rule making.

They will then publish in the Federal Register a proposed guideline for comment.  The comments will all be evaluated and some changes made.  There then is a Final Rule.  That Final Rule will be sent to the Office of Management and Budget (OMB) for their review.  With OMB approval, it will be printed in the Federal Register with an effective date of 60 days later.

• The Department of Justice (DOJ), which regulates and enforces key provisions of the Americans with Disabilities Act (ADA), recently issued new technical guidance on accessible medical care.  Access for people with disabilities to medical care has been problematic and the subject of DOJ compliance investigations.  The 19-page guide, "Access to Medical Care for Individuals with Mobility Disabilities," outlines requirements and best practices for achieving access and covers exam rooms, including entry and circulation, exam tables and chairs, radiological and mammography equipment, scales, available lift devices, transfer techniques, staff training, and common questions.  The document is available on DOJ's ADA website at www.ada.gov.

The DOJ will see litigation in their enforcement roll pertaining to the ADA and will issue opinion letters to help the public understand ADA.  In the opinion of ACCESS, these opinion letters are really for the Federal Judges who rule on the ADA matters.  The DOJ wants to be sure the Federal Judges do not wander off the reservation and rule, which might be the DOJ's thinking.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Hospitals and the ADA

Hospitals are required to comply with the ADA.  The current ADA is the Americans with Disabilities Amendments Act of 2008 (P.L.110-325) which became effective on January 1, 2009.

Section 12182. Prohibition of discrimination by public accommodations

   (a) General Rule

• No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

Section 12182 applies to hospitals and everything within the hospital in the full and equal enjoyment. 

Last year, Congress passed the "Patient Protection and Affordable Care Act" (Obama Care).  That Act calls for the Access Board to issue standards for medical diagnostic equipment in two years to comply with the ADA. 

A little history: The Architectural and Transportation Barriers Compliance Board (Access Board) is a Federal Government agency that has existed for about 50 years and is responsible for writing standard, or sometimes called guidelines, that became the "Safe Harbor" for Design and Construction to be compliance with the ADA. 

So what does all this really mean? 

Hospitals have to comply with the ADA today, and medical diagnostic equipments has to comply with today's ADA compliance.  For the Access Board to write these standards in two years will be a real challenge, as the Access Board is not use to moving at such a fast pace.  The "Obama Care" law requires these standards from the Access Board in consultation with the Food and Drug Administration. 

In the opinion of ACCESS, good luck with the standards.

In the real world these standards are just common sense.  The major manufacturers of medical diagnostic equipment are moving and have moved to get the equipment accessible and in compliance with the ADA.  Again, this is in the opinion of ACCESS.  I want to be perfectly clear here, just because there is no Access Board written standard for medical diagnostic equipment for ADA compliance does not mean the medical diagnostic equipment does not have to comply with the ADA.  Remember, the effective date was January 1, 2009.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Declaratory and Injunctive Relief

I was asked recently about why our complaint are always asks for a jury trial.  First of all, our complaint is for Declaratory and Injunctive Relief.  They are always filed in Federal Court where the filing fee is free, the attorneys representing the disabled are free and the attorney costs are free.

A current complaint that we are working on is for a building that was not in compliance with the Americans with Disabilities Amendments Act of 2009 with an effective date of January 1, 2009.  The building owner is guilty and the poof is found in the detail ADA building audit for compliance with the ADA and ABA Accessibility Guidelines; Final Rule published int eh Federal Register / Vol. 69, No. 141 / July 23, 2004; with an effective date of September 21, 2004; that's audit by ACCESS.

The above case will go for another 2 to 3 months as we work diligently to aggressively move it forward.  I've been doing this now some past 19 years and I've never lost a case; but I have to tell you, very seldom do these cases go to trial.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

What Are Common Areas in Condominiums?

We are getting some questions concerning what are the common areas in condominiums.  I always start by seeing if the Americans with Disabilities Act (ADA) Accessibility Guidelines have defined common areas.  The answer is they have defined common use.  Wait a minute, but who are they?  They are the Architectural and Transportation Barriers Compliance Board, a federal government agency in Washington, D.C. responsible for writing the guidelines for the Safe Harbor for Design and Construction to be in compliance with the ADA.

Common Use: "Interior or exterior circulation paths, rooms, spaces, or elements that ae not for public use and are made available for the shared use of two or more people."r

The interior circulation paths would be all hallways.  The exterior circulation paths would be sidewalks or any walkway starting from the public way and leading to the building entrance, all sidewalks from parking and all walkways through and around all exterior spaces and elements.  Rooms would be like laundry room, game rooms, managers office, exercise room, restrooms, etc. 

Spaces would be lobby, TV watching area, sitting areas both inside and outside, etc.Elements would be all recreational areas such as swimming pool, spa, tennis courts, all courts, vending areas, etc.

So, one can easily see there are many common use areas in a condominium project.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Yes, I know the condominium elevators and exit stairways are common areas and need to be ADA compliant.  Let's take the stairway first.

The width of the stairway is now a building code issue, in that the new ADA Guidelines defers to building code, Chapter 10 on Means of Egress.  The width is a gray area in the opinion of ACCESS.  We think it should be a minimum of 48" measured between handrails, found in the original ADA Guidelines.  We see the usual door clearance issues and when there is a vestibule, the clearances found in ICC/ANSI A117.1 are more stringent than those found in the ADA Guidelines.  It is not unusual to find something not compliant with the handrails.

Now, more fun with the elevators.  Here we have more requirements in building code and they seem to be changing as technology changes.  The International Building Code (IBC) is on a three year cycle where a new IBC comes out every three years.  So, every three years we review the IBC for any changes as they may apply to the ADA.  Some of the common ADA issues are the emergency telephone, controls above 48" off the finish floor, the door reopening time, signage, cab size, emergency elevator with stand by power supply, etc.  One of the more interesting is the railing in the elevator cab.  Some think this railing is exempt from ADA compliance, I do not.  Call it whatever you want, but we say it is a handrail and functions like a handrail.  We use Section 505 Handrails for our ADA compliance opinion. 

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Condominiums: Most Common Non-Compliant Condition?

We are still on condominiums, and the question is what do we see as the most common non-compliant condition? 

Well, it's the cross slope on sidewalks, and this is true on all buildings where there is site work or sidewalks.  We check every side wall panel in our audit process and anytime we find a reading on our smart level over 2.0%, we have a cross slope that is not in compliance.  Seldom do we see a pool or spa that is compliant (or even a steam room). 

Most vending machines are not complaint, because controls are above 48".  It would be very unusual not to find something not compliant in a restroom, but I would have to say they are certainly getting better from what we saw 20 years ago.  Some are just good housekeeping measures, such as being sure the landscape items do not protrude onto the sidewalk.

We use to see a lot of public telephones that were not compliant, but today we are seeing fewer public telephones, as everyone has their own cell phone.  Some condominium will have a social area that has a partial kitchen, and when we see that configuration, seldom is that area compliant.  Such as; sink, counter tops, serving areas, range, refrigerator, microwave, oven, etc.  I can tell you that seldom do we go on a building audit and see something that we have not seen before.

That's really why I enjoy getting out of the office and do building audits.  I always find a challenge or two in a building-audit.  From my experience about 95% of an audit is black and white.  There is 5% that I call the gray area and that is where I find the challenges.  Very seldom will I say "we do not know".  So, what we look for is similar conditions and use that as a basis of opinion regarding compliance with the ADA.

Let us know your thoughts, or if you have any questions about the above article.  You can post your comments here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Condominiums and the FHA and ADA - Part 3 of 3

Condominiums prior to 1990 had design and construction requirements from the Fair Housing Amendments Act of 1988 and building code.  After 1990, the Americans with Disabilities Act of 1990 was added.  It took some time to get this all straightened out, and along the way building code throughout the country was combined into one, called the International Building Code (IBC).

The design and construction requirements of both the ICC/ANSI A117.1 of building code and the ADA Accessibility Guidelines of the Architectural and Transportation Barriers Compliance Board were reworked so the numbering system and the verbiage were the same, or almost the same; say 95% the same.  Today when we look for condominium compliance in the design and construction we use:

1.      ADA & ABA Accessibility Guidelines; Final Rule

36 CFR Parts 1190 and 1191

Federal Register / Vol. 69, No 141 / July 23, 2004

2.      2009 International Building Code

3.      International Code Council and American National Standards Institute – ICC/ANSI A117.1 – 2009

In many areas the requirements are the same.  Where the requirements are different we will always use the most stringent.  I am always asked if this makes our work easier...dreamer!

NO, it's harder, but what does make it easier is that in many areas we find greater definition.  Condominium compliance has always been a challenge in the building design and construction.  I don't see that changing in the future.

Any questions or comments on the above?  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Condominiums and the FHA and ADA - Part 2 of 3

What is Grandfathering? 

I first saw Grandfathering in the Fair Housing Act.  What it means is that a regulation has been put in place, like the Fair Housing Act, and any building before that date need not comply.  The Fair Housing Amendments of Act of 1988 established design and construction requirements for multi-family housing built for first occupancy after March 13, 1991.  So, everything before March 13, 1991 is Grandfathered in, meaning need not comply..."kind of"!

The Fair Housing Act is Civil Rights Law litigated in Federal Court, but we also have building code litigated in Civil Court, and that was not Grandfathered in, in Building Code, and one must not only comply with Civil Rights Law, but also building code regulations.  One has a double track regarding building design and construction requirement. 

What about the Americans with Disabilities Act of 1990.  More complications, but will save for another posting.

Let us know your thoughts and/or questions on the above.  You can leave your comments here or on our FaceBook at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.