How Time Does Fly...

How time does fly.  I started this professional accessibility architectural business 19 years ago.  For the first 17 years our clients were building owners, architects, lawyers and contractors and our professional architectural product was detail ADA building plan checks and detail ADA building audits.  About 5% of our business was litigation. 

During those 17 years the parent company was sold and then my company given back to me. The ADA law in 20 years has gotten maybe 10% of the Buildings ADA compliant; my thinking, something is wrong.  There has to be a  better way.  That was my challenge for the last two years.  I spent a year and a half reformatting my business plan for ACCESS and the last 6 months have been spent implementing that business plan of bringing our professional accessibility architectural skills and knowledge to the wheelchairs community; and using the free Federal Courts to force building owners to comply with the Civil Rights Law called the Americans with Disabilities Act (ADA). 

Those smiles and accolades we get from the wheelchair community tells us we are on to something really great.  My goal is to be filing 100 cases a week by the end of 2011.  Come join our program, contact us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank

Where Must the Controls be Located in a Transfer Shower?

First, one has to look at the ADA & ABA Accessibility Guidelines (ADAAG); Final Rule, written by the Architectural and Transportation Barriers Compliance Board (Access Board), published July 23, 2004, with an effective date of September 21, 2004.  The Americans with Disabilities Act (ADA) is a federal civil rights law and trumps the International Building Code and ICC/ANSI A117.1.  Second, one needs to look at ICC/ANSI A117.1-2003. 

The ADAAG; Final Rule Section 608.5.1 states:

608.5 Controls.

608.5.1 Transfer Type Shower Compartment.

“In transfer type shower compartments, the controls, faucets, and shower spray unit shall be installed on the side wall opposite the seat 38 inches minimum and 48 inches maximum above the shower floor and shall be located on the control wall 15 inches maximum from the centerline of the seat toward the shower opening.”

ICC/ANSI A117.1-2003, Section 608.5.1 states:

608.5 Controls and Hand Showers.

608.5.1 Transfer-Type Showers.

“In transfer-type showers, the controls and hand shower shall be located on the control wall opposite the seat, 38 inches minimum and 48 inches maximum above the shower floor, within 15 inches, left or right, of the centerline of the seat.”

One sees that ADAAG is more restrictive than ICC/ANSI A117.1, so one has to ask the question why?  Well, ACCESS is seeing transfer showers which have a permanent shower head, hand held shower spray unit, hook for the shower spray unit, controller, soap dish, and diverter valve; and they will not fit in the 15 inch maximum space.  The answer comes from understanding how the space functions and why control space has been defined.  In the opinion of ACCESS, the design is to enable someone in a wheelchair to turn on the shower water and adjust the water temperature before entering the shower.  Those are the controls required to be in the 15 inch maximum defined control area; other controls and shower amenities can be located on the other side of the centerline as seen in ICC/ANSI A117.1.

This is not an isolated issue.  A new ICC/ANSI A117.1 will be coming out in the next 30 days.  ICC/ANSI A117.1 is on a 5 year cycle, so it gets revised every 5 years.  ADAAG is on a 12 year cycle, so we expect to see many more of these issues.

Contact us with any comments or questions.  You can post them here or on our FaceBook 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.

The Role of Architects Regarding Accessibility Compliance

The role of architects regarding accessibility compliance is being defined by litigation.  Accessibility compliance is part of federal civil rights laws, and guidelines for compliance are written by the Architectural and Transportation Barriers Compliance Board (Access Board).  Federal civil rights laws are litigated in federal court, making decisions by federal judges the law of the land.

Accessibility compliance is also part of building code and ICC/ANSI A117.1, and these are written by the International Code Council and municipal building officials.  Building code is litigated in civil courts and the judge’s decision is only applicable to that case.

Accessibility non-compliance becomes visible after construction and occupancy.  We now have attorneys that have specialized for years in construction defect litigation and who are starting to get their feet wet in accessibility non-compliance litigation.  Accessibility non-compliance litigation is increasing each year. 

The architect who provided the construction drawing will become a part of that lawsuit.  When there are architectural drawings that are not in compliance, the architect will pay.  That payment will include retrofit costs, legal fees, and legal costs, plus court costs.  Another cost is the architect’s time spent addressing all these issues. 

At ACCESS, we are finding more of our new clients have had or are currently having an unpleasant experience with a lawsuit regarding accessibility non-compliance.  The same can be said for contractors.

Let us know your thoughts.  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 hfastad@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.

ADA Accessibility Mindset - Attorney's New "Gravy Train"

PL101-336 (ADA) accessibility mindset:  please – may I – I request – I demand – I litigate!  Attorneys’ new “gravy train.”

Accessibility began with ANSI 1961, as a building code requirement. It was picked up in the federal civil rights law of 1965 and later in the Federal Rehabilitation Law of 1973.  If federal dollars were going into the project the Federal Rehabilitation Act was a requirement; for everyone else, it was voluntary and it did not work.  The disability community petitioned the federal government for the next 15 years, and in 1990 President George H.W. Bush signed in the Americans with Disabilities Act.  Realizing the Act could not be voluntary, enforcement was assigned to the U.S. Department of Justice (DOJ) Civil Rights section. 

I really believe the politicians involved with the Act of 1990 thought accessibility throughout the country would be in full accessibility compliance in a few years, as did I.  Surprise, surprise – today I see better accessibility compliance, but we are still very far away from full compliance.  There is a cost to accessibility compliance, and enforcement by the DOJ can only touch a fraction of 1% of non-compliance issues.  The private sector is starting to become more active in policing this civil rights law, using attorneys that are specializing in accessibility law. 

In the opinion of ACCESS, there is much accessibility work yet to be done on old and new buildings throughout the United States.  The private sector with their specialized attorneys will be taking the lead in filing lawsuits because there is money to be made – follow the money, stupid!

Let us know what you think of the above posting.  Leave 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 hfatstad@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.

What Does Litigation for Accessbility Non-Compliance Mean?

It means $$MONEY$$!

1.   Very, very few cases will be from the U.S. Department of Justice (DOJ) investigation, and what these cases mean for you is money spent to correct your non-compliance items.  The interest of the DOJ is to get compliance to PL101-336, the Americans with Disabilities Act (ADA):  “PL" stands for Public Law, 101 stands for one hundred and first congress, and 336 is the number attached to the law.

2.  A case filed by an attorney for a handicapped individual or advocacy group means $$MONEY$$ in the form of extortion.  Most of these cases are settled out of court with a payment of between $50,000.00 – $100,000.00 to the attorney and the advocate, with some promise by the owner to make corrections to the facility to bring the non-compliant items into compliance.

In the opinion of ACCESS, most owners think that with the payment of the attorney they are done, when in fact they are just beginning!  There is nothing to prevent a second, third, fourth and so on party from filing the same lawsuit.  To prevent such lawsuits, the owner needs a program to bring the property into compliance, which will require documentation of money spent and on which non-compliant item, as well as money to be allocated to other non-compliant items for each year, until the property has reached full compliance.

Let us know what your thoughts are on the above post.  You can comment here or on our FaceBook at http://www.facebook.com/#!/pages/Access-Technologies-Services-Inc/268659564730.  Or you can contact us by email at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

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.

Side Wall Grab Bar at Water Closet where Insufficient Wall Space is Provided

ACCESS has seen accessible bathrooms where the side wall of the water closet has a door opening preventing the installation of a 42 inch long grab bar projecting 54 inches off of the back wall.

The jurisdiction is ADAAG Sections 604.5.1 and 103.

Chapter 6 plumbing elements and facilities.

604 Water Closets and Toilet Compartments.

604.5 Grab Bars.

604.5.1 Side Wall.

“The side wall grab bar shall be 42 inches long minimum, located 12 inches maximum from the rear wall and extending 54 inches minimum from the rear wall.”

There is a requirement in ICC/ANSI A117.1-2003, Section 604.5.1 for a vertical grab bar at the side wall.  In the opinion of ACCESS, using Section 103 Equivalent Facilitation (see below), and the analysis of ANSI Figure C604.3.1(b) regarding the elements of a front or diagonal transfer, the addition of the vertical grab bar in conjunction with the horizontal grab bar on the side wall results in substantially equivalent or greater accessibility and usability of the water closet.  ACCESS suggests using a 60 inch long grab bar with a 90º bend at 36 inches; set that bar so the 24 inch vertical part is 40 inches to the centerline of the 24 inches off the back wall.

Chapter 1 Application and administration.

103 Equivalent Facilitation.

“Nothing in these guidelines prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.”



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.

If you have any comments on the above postings you can post them 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 at (702) 649-7575.

Hank

The Biltmore is part of the Hilton Worldwide, Inc. now owned by the Blackstone Group, L.P.  The Department of Justice (DOJ) issued a press release on November 10, 2010, regarding a consent decree agreement with Hilton Worldwide, Inc. over ADA violations at Hilton hotels, and major hotel chains owned by Hilton.  I have first hand knowledge that for the last 20 years Hilton’s policy was to give “lip-service” to ADA building compliance.

The ACCESS “Watchdogs in Wheelchairs” program empowers the disabled with the Civil Rights Law that provides them with free access to our Federal Court system.  That is free filing fees, free attorney fees and free attorney costs.  The professional accessibility architectural work product of ACCESS consisting of detail ADA building compliance audits and detail ADA building plan checks are attorney costs, all free to the disabled. 

I've said it before, by working together we are going to change the mind set of building owners and get buildings ADA compliant through the Federal Court system.  Together we can make a difference.  Together we can bring buildings into ADA compliance one building at a time.

Contact me at hfalstad@accessts.net or call me at (702) 649-7575 to discuss in further detail.  Also, come visit our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730 and "Like" us, we appreciate the support.

Hank