ACCESS Update

This is exciting times at ACCESS.  About a month ago Justin Cohen was our speaker at my Rotary club.  His company specializes in Internet marketing.  Justin fell in love with our mission of getting buildings ADA accessible, one building at a time. 


His company works with large corporate firms and he said ACCESS isn't able to afford his company's fees.  However, he believes in our cause and his helping us on his own time.  Under the guiding hand of Justin, he has found smaller firms to help us with our goals.  We hired Tim's company to do our branding.  Alvin is a one person firm and has been hired to do our FaceBook pages. 

I am convinced that Internet marketing is our way of reaching out to more people to get them to join and be involved with our cause.  So, stay tuned to the ACCESS mission of getting buildings ADA accessible, one building at a time!

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 is ACCESS Marketing Its Services?

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I like that question.  Over a year ago we joined FaceBook for the first time in ACCESS history.  We stumbled along like everyone else and our learning curved improved.  A year later, with some success, we are ready for our next move. That will be engaging a company that specializes in Internet marketing.


In the next year I expect you will see some changes as we continute to reach out to the disABLED community with our purpose of helping to get buildings ADA compliant.  In the next few months you will start to see changes including an overhall of our website.  Also expect more ACCESS involvement in our community, provide more resources locally and nationally and more involvement with our superheros...the Advocates.


We are having more fun than we ever expected!  The joy of helping others is overwhelming to us.  Do come and join the ACCESS program of getting building ADA compliant, it is a team effort.

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.

One Building at a Time

I have a stained glass window hanging in my office window.  It was made by my son and it reminds me of the beauty around us and of family.  As we go about ministering to our fellow man with our God given skills, the joy of watching our family grow is overwhelming.  The greatest joy in my life is when I am helping others.  

You are right.  We are on a mission together and that is simple and direct; getting buildings ADA complaint, one building at a time.  That joy is overwhelming when you think that because of you and the architectural skills and knowledge of ACCESS that one more building will be ADA accessible.  All others will fall in line and follow our lead.

Team with ACCESS, join our family and together we can get buildings ADA complaint, one building at a time.  It will not happen unless we make that first move, together.

Give us your questions or thoughts on the above posting.  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 Timeshares Subject to the ADA?

The new DOJ standard that becomes effective in March 2012 and the Access Board’s guidelines with an effective date of September 2004 are the same document.  In the documents there is a section called ‘Define Terms’ and we have some changes:

a)     Residential Dwelling Unit

A unit intended to be used as a residence that is primarily long-term in nature.  Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctional facilities.

b)     Transient Lodging

A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature.  Transient lodging does not include residential dwelling units intended to be used as a residence, inpatient medical care facilities, licensed long-term care facilities, detention or correctional facilities, or private buildings or facilities’ that contain not more than five rooms for rent or hire and that are actually occupied by the proprietor as the residence of such proprietor.

There it is, in the definition.  Timeshares function as primarily short-term in nature so they are transient lodging; And, the jurisdiction for transient lodging is the American with Disabilities Amendments Act (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:  http://www.accessts.net/.

Upcoming Changes at ACCESS

There are changes happening at ACCESS.  We have been getting our feet wet this past year with a marketing program of our architectural accessibility building compliance program for people in wheelchairs.  It has been successful in that we now have over 500 in our data base.  As we start our second year of marketing through our social media network with a  goal of reaching 5,000 in our date base, we are currently in talks with some experts in Internet marketing.

All I can really say at this point is that expect some changes.  There are times in the business world when experts are needed to get the message out to the right people as we do have the greatest program for helping to get buildings ADA compliant.  It is a turn-key program from start to finish, the finish being when we sign that building ADA certification declaring that the building is now ADA compliant.

Our message is clear and specific.  We will assist in getting buildings ADA compliant, one building at a time.  We have a commitment to make it happen at no cost for our professional architectural services because it is an expert work product; all fees and costs are paid for by the building owner because his building was not ADA compliant.  We need to spread the word, so that everyone can avail themselves of our free services.

Tell your friends, become an advocate and together we can get all buildings 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.

Making America More Accessible One Building at a Time

We are really sorry that we could not help Michael.  We really tried.  It was a condominium in Florida and the issue was the pool area was not accessible.  We wrote opinion letters and strategy letters concerning the technical issues of the Fair Housing Amendment Act, the American with Disabilities Amendment Act and the American National Standard Institute. 


We sent the above mentioned letters to the first litigating attorney, then a second and finally a third.  We were unable to find a litigating attorney that would take the case, based on the lack of documented case law.  Attorneys love case law and there is NO case law on this subject; and ACCESS knew this going in.  ACCESS believes that no individual should be discriminated against on the basis of a 'disability' in the full and equal enjoyment of the goods, services, faculties, privileges, advantages, or accommodations of any place of public accommodation.  We went in eyes wide open with the intent of helping Michael with his condominium's accessibility challenges.


The architects at ACCESS have for the past 20 years specialized in building accessibility and today we are bringing that knowledge directly to wheelchair users like Michael.  Michael's file has not been closed, it has been put on hold until we have similar cases pending in other States.  Once that happens, we will revisit Michael's case and move forward in assisting him to enjoy the perks of his condominium's amenities.


We're here to help, one building at a time.


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.

US Department of Justice Standards - Effective March 2012

We are receiving questions about the U.S. Department of Justice (DOJ) standard that is becoming effective in March of 2012.  Here are some facts that may help answer some questions:

1. The DOJ is the enforcement agency for the Americans with Disabilities Amendments Act (ADA) of 2008, with an effective date of January 1, 2009.
2. The DOJ enforcement of the ADA comes from an executive order.
3. The executive order requires the DOJ to use its standard in their enforcement of the ADA.

So the question now is where does this DOJ The ADA Amendments Act of 2008 in Chapter 126, Section 1201 and (b) is Purpose where the purposes of this Act are (4) standard comes from?

1. There is a U.S. Government agency call the Architectural and Transportation Barriers Compliance Board (Access Board).
2. The Access Board is the agency that writes the safe harbor for the design and construction of buildings to be in compliance with the ADA.
3. The Access Board published a document in the Federal Register called the ADA and ABA Accessibility Guidelines; Final Rule on July 23, 2004 with an effective date of September 21, 2004.
4. The DOJ now is required to take this Access Board document and make that document its standard.

I know, we have an Access Board document of 2004 and now we have a DOJ document that say the very same thing with a 2012 date, and if my math is correct, that is EIGHT (8) years later!

1. DOJ must jump through the same “hoops” that the Access Board already did, such as having has having hearings, get input form the community, sending their document to the office of Management and Budget (OMB).
2. The DOJ then publishes its document and call it a standard; and tell everyone that it will start enforcing their standard a year and half later, and that is March 2012.
3. The Access Board, the DOJ, we at ACCESS know the system is broken, and by now maybe the whole country; but, this is our U.S. Government in “action!”  Or, “in action”.

The work product of ACCESS has always been based upon the Guidelines of the Access Board.  Current standards being use since 2004 is the Access Board document of July 23, 2004 with an effective date of September 21, 2004; which is the very same DOJ standard of March 2012.

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.

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.