Why Are We Seeing So Many Items Not in Compliance?

Many questions were asked by Dave, Dan and Tipton, all are architects with over 20years experience.  They just completed a 14 hour training program on the ADA and ABA Accessibility Guideline; Final Rule with an effective date of September 21, 2004.  The training also included ADA building audit of a La Quinta Inn property.  This Accessibility Guideline is almost 7 years old; so the big question is why are we seeing so many items that are not in compliance?  One has to ask the question if building owners really want to spend the money for ADA building compliance?  Whatever the reason, the ACCESS "Watchdogs in Wheelchairs" program is the answer for building owners, because when all is in place and in compliance I will sign off on the certification that the building is ADA compliant.

It starts by putting the building owners on notice that they will be answering to a Federal Judge.  Then the professional accessibility ADA architects will go to work and provide the Federal Judge with a detail ADA building audit of items that are not in ADA compliance.  The professional accessibility ADA architects will then work with the building owner and his architectural/engineering firm on ADA solutions in the preparation of the architectural/engineering firms productions of the ADA retrofit permit set of drawings.  The professional accessibility ADA architects will ADA plan check those drawing for ADA compliance and when in compliant will send the drawing to the ADA retrofit contractor for pricing.  The Federal Judge will be given a set of the ADA retrofit permit drawing and detail pricing and tell the building owner when to start the ADA retrofit construction.  At the end of the ADA retrofit construction the professional accessibility ADA architect will audit the ADA retrofit construction and once it's ADA compliant will issue a building certification of ADA compliance.  A copy will be sent to the Federal Judge, bringing closure to this Federal Court filing. 

Now this is building ADA compliance in the hands of the professional accessibility ADA architects of ACCESS.

Let me know if you have any questions or comments that you can post 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.

Is a School Lecture Hall a Public Accommodation?

The jurisdiction here is the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, with an effective date of January 1, 2009:

Subchapter III – Public Accommodations and Services Operated by Private Entities.
12181 Definitions.
(7) Public accommodation.
“The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities effect commerce”

(D)    “an auditorium, convention center, lecture hall, or other place of public gathering;”

(J)     “a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;”

In the opinion of ACCESS, Section 12181(7)(D) and (J) clearly state that the lecture hall must be accessible.

 

Let us know you thoughts about the above topic.  You can comment here or post 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.

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.

Is the Inside of the Non-Accessible Hotel Room a Public Space with the Jurisdiction Being the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) Handbook published by the Equal Employment Opportunity Commission (EEOC), has the following section:

Title III Public Accommodations and Services Operated by Private Entities
302 Prohibition of Discrimination by Public Accommodation.
302(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.” 

We now have the ADA Amendments Act of 2008:

Subchapter III – Public Accommodations and Services Operated by Private Entities [Title III].
12182 Prohibition of discrimination by public accommodations [Section 302].
12182(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.”

We have several clues.  In the Final Fair Housing Act, the entrance door exterior side is public space with required clearances, while the interior side of the entrance door is private space with no clearance requirements.  

In the ADA & ABA Accessibility Guidelines; Final Rule written by the Access Board and published on 07.23.04, with an effective date of 09.21.04, we have the following section:

Chapter 2 Scoping Requirements.
224 Transient Lodging Guest Rooms.
224.1 General.
224.1.2 Guest Room Doors and Doorways.
“Entrances, doors, and doorways providing user passage into and within guest rooms that are required to provide mobility features complying with 806.2 shall comply with 404.2.3.”

EXCEPTION:  “Shower and sauna doors in guest rooms that are not required to provide mobility features complying with 806.2 shall not be required to comply with 404.2.3.”

Advisory 224.1.2 Guest Room Doors and Doorways.

“Because of the social interaction that often occurs in lodging facilities, an accessible clear opening width is required for doors and doorways to and within all guest rooms, including those not required to be accessible.  This applies to all doors, including bathroom doors, that allow full user passage.  Other requirements for doors and doorways in Section 404 do not apply to guest rooms not required to provide mobility features.”

404.2.3 Clear Width.

“Door openings shall provided a clear width of 32 inches minimum.”

Therefore, the only accessibility requirement in the non-accessible guest room is the 32 inch minimum doorway clear width.  In the opinion of ACCESS, the exterior side of the entrance door to the non-accessible guest room is considered public space, and the interior of the guest room and all other inside space is considered private space with the only accessibility requirement being that pass-through doorways have 32 inch minimum clear width.

 

Let us know your thoughts and comment 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.

The Business Community and the ACCESS Program

I received an email from Kelly the other day, and she was looking for assistance in wanting to educate the business community about their building compliance with the ADA.  I told Kelly this is a very noble role for the disabled and that there have been many who have fought the good fight for the last 20 years.

The business community knows about the ADA and we see spots of building ADA compliance all over this country, but we see very little buildings that are completely ADA compliance.  In the opinion of ACCESS, building owners do not want to spend the money today unless they get caught with an ADA Civil Rights violation by the U.S. Department of Justice (DOJ), the government agency responsible for enforcing the ADA.  Because the ADA is Civil Rights Law, there are advocacy groups also enforcing building ADA compliance.  The professional accessibility architects at ACCESS for the last 19 years have specialized in building ADA compliance, so we know this landscape very well, and have become very concerned about the plight of the disabled.  ACCESS was reformatted a year ago to bring our professional accessibility architects directly to the wheelchair user and we call this program "Watchdogs in Wheelchairs".  This program for the disabled uses the free Federal Courts, where the attorney costs and fees are free to the disabled.  The professional accessibility work product of ACCESS is also an attorney cost; therefore, also free to the disabled. 

Our ACCESS program is simple and takes little time.  Today we are focusing on the lodging industry (hotels, motels and time-shares).  There are four easy steps to the program listed as follows:

1. Book an accessible room with two beds and a roll-in shower.
2. Take 5 to 6 photos of the room, the roll-in shower, the lobby area and public restrooms.
3. Take 5 to 6 pictures outside of the building to include the accessible parking and overall photos of the building.
4. Email us the photos and a copy of your hotel bill (all person information may be removed with the exception of your name and date of visit) to hfalstad@accessts.net.

Once we recieve the photos and the copy of the bill our in-house Legal Counsel will determine whether there is standing for filing through the Federal Courts.  That's it.  We will handle the rest and keep you updated throughout the process in filing at the Federal Courts.  Our in-house Legal Counsel has confirmed that there is a good possibility that the Federal Judge will award funds for filing the ADA building non-compliant complaint.  This is your ADA Civil Rights program teaming with ACCESS for results. 

Call us.  You may be surprise on how easy it really is.  Some people, like Kelly, find the program so much to their liking that we get many inquiries of how they want to start their own "Watchdogs in Wheelchairs" chapter, which we happily support.

Roll-In Shower

Lobby Area

Accessible Room

Public Restroom

Parking Lot with Accessible Parking

Let us know your thoughts and leave a comment 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

What Do the Words “at least one” Mean? (as found in the accessibility guidelines)

The ADA Accessibility Guidelines written by the Access board and published July 26, 1991, uses the words “at least one.”  The ADA & ABA Accessibility Guidelines; Final Rule written by the Access Board and published on July 23, 2004 with an effective date of September 21, 2004, also uses the words “at least one.”

To the Access Board, the words “at least one” mean that in certain conditions the requirement will be more than one.  One example that ACCESS sees is at van accessible parking spaces in shopping centers.  When the minimum number of required accessible parking spaces are dispersed, then at each dispersed location, at least one accessible parking space must be a van accessible parking space.

Let us know your thoughts.  You can leave your comments here or on our FB 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.

Do Bars Have to Have Accessible Seating AT the Bar?

This question is one of my favorites.  The ADA Accessibility Guidelines for Buildings and Facilities, written by the Access Board and published July 26, 1991, includes the following:

Chapter 5 Restaurants and Cafeterias.

5.2 Counters and Bars.

“Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 inches in length minimum shall be provided in compliance with 4.32 or service shall be available at accessible tables within the same area.”

The ADA & ABA Accessibility Guidelines; Final Rule, written by the Access Board and published July 23, 2004, with an effective date of September 21, 2004, includes the following:

Chapter 2 scoping requirements.

226 Dining Surfaces and Work Surfaces.

226.1 General.

“Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of the seating spaces and standing spaces at the dining surfaces shall comply with 902.”

Chapter 9 Built-in elements.

902 Dining Surfaces and Work Surfaces.

902.1 General.

“Dining surfaces and work surfaces shall comply with 902.2 and 902.3.”

Advisory 902.1 General.

“Dining surfaces include, but are not limited to, bars, tables, lunch counters, and booths.  Examples of work surfaces include writing surfaces, study carrels, student laboratory stations, baby changing and other tables or fixtures for personal grooming, coupon counters, and where covered by the ABA scoping provision, employee work stations.”

The only mention of bars is found in Section 902.1.  The troubling words come from the 1991 ADAAG: “…or service shall be available at accessible tables within the same area.”  ACCESS was told 10 years ago that there was a civil court case in New York, and that ruling was that the experience of a bartender serving from behind the bar was not the same as a waitress waiting on accessible tables within the same area.  In the opinion of ACCESS, the guidelines are not definitive enough to answer the question; the answer is in PL101-336:

ADA Amendments Act of 2008.

Subchapter III Public Accommodations and Services Operated by Private Entities.

12182 Prohibition of discrimination by public accommodations.

(b) Construction.

(A) Activities.

(ii) Participation in unequal benefit. 

“It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.”

In the opinion of ACCESS, sitting at an accessible table served by a waitress is not the same experience as sitting at a portion of an accessible bar being served by a bartender; thus, this is unequal benefit as defined in 36.202(b).

Let us know your thoughts on this.  Leave your comments 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 give us a call 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 the Requirements for Detectable Warnings?

Subject: The ADA Accessibility Guidelines (ADAAG) written by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) and published July 26, 1991, includes the following:

4.29 Detectable Warnings.
4.29.2* Detectable Warnings on Walking Surfaces.
“Detectable warnings shall consist of raised truncated domes with a diameter of nominal 0.9 inch, a height of nominal 0.2 in and a center-to-center spacing of nominal 2.35 inches and shall contrast visually with adjoining surfaces, wither light-on-dark or dark-on-light.  The material used to provide contrast shall be an integral part of the walking surface.  Detectable warnings used on interior surfaces shall differ from adjoining walking surfaces in resiliency or sound-on-cane contact.”

4.29.5 Detectable Warnings at Hazardous Vehicular Areas.
“If a walk crosses or adjoins a vehicular way, and the walking surfaces are not separated by curbs, railings, or other elements between the pedestrian areas and vehicular areas, the boundary between the areas shall be defined by a continuous detectable warning which is 36 inches wide, complying with 4.29.2.”

In the ADAAG of 1991, Section 3.5 Definitions does not define hazardous vehicular area, but it does define vehicular way:  “A route intended for vehicular traffic, such as a street, driveway, or parking lot.”  It is the opinion of ACCESS that because all walk crossings of a vehicular way are not hazardous, detectable warnings are only required on some walk crossings of a vehicular way.  Therefore, design professionals and contractors must have a list of criteria for determining when a walk that crosses a vehicular way is hazardous, such as:

·         Posted speed in vehicular way – above 35 MPH.
·         Number of traffic lanes being crossed – above 2.
·         Location, such as business or residential – not residential.
·         Intersection with traffic controls – lights or stop signs.
·         Any special condition deemed hazardous by a registered professional architect or engineer.

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.