This week I’m going to try to convince you to grab a tape measure before starting any project, especially something as important as ADA compliance.
Remember your first Bicycle?
Roller Skates?
Skateboard?
Wii? Kinect?
Oh, that brings back some good
memories…
Remember limping around with
bandages/casts/crutches/splints for the next 4 weeks?
Well, I remember tripping across
the gas station parking lot because I couldn’t hit the right buttons at the
pump. Then my crutches got caught in the automatic doors and tripped an
inattentive bystander. I remember my signature looked like a seismic readout
because I had to use the wrong hand. I
saw every door as a new and dangerous obstacle. I didn’t want to go
anywhere.
Okay, those weren’t all on the same
day, but they did happen. It is truly a
very different world for a person with a disability. As a result I am now
convinced that there is a very legitimate reason to change the way we design,
build and renovate buildings. It is our
obligation to afford basic human dignity to each other.
So the back-story for this episode
is a bunch of old buildings and an obvious need to make them user-friendly for
persons with disabilities. The current
term of choice is “accessible” so I will stick with that for this article. But
what is accessible? How high? How
wide? What about the door at the gas
station that tried to kill me? How much
force is too much to open a door? As you
can imagine, the list can go on forever.
Wow, I have a great idea! Someone
should really put this into a usable standard. Any takers?
In reality there are different
accessibility standards released over the years by different entities (not all
are governmental) and each has its own interpretation and jurisdiction. There are also mandates specifying who, what,
when & where these apply, and who enforces them. Maybe you have seen these: ADA ANSI, FHAA,
UFAS? At this point, I should warn you about the acronyms. Don’t try to remember these; the point is
that there are already too many; and in 2010 we got one more, the ADA
Accessibility Guidelines (ADAAG).
First, a little history as it
relates to the construction and rental industry.
Many people think this was inspired
by the civil rights act of 1968 because it addressed discrimination in the
housing and rental industries. While it is undisputed that this was a major
milestone in the fight to end discrimination based on race and several other
factors, the reality is that private industry had been at work on inequalities
in the building industry for some time by then.
In the late ‘50s, ANSI had gathered
input from over 50 organizations representing builders, designers, handicapped
people, manufacturers and rehabilitation professionals. The consensus was released in 1961. Officially known as ANSI A117.1,
“Specifications for Making Buildings and Facilities Accessible to, and Usable
by, Physically Handicapped People”.
That’s right, no acronym. And nothing changed in the construction world.
In 1968, the four Federal standard-setting
agencies (GSA, DOD, HUD, and USPS) developed the Architectural Barriers
Act. The intent was to help physically
handicapped persons have ready access to all buildings that received Federal
funding. In reality, only new buildings for those 4 agencies would be designed
for accessibility, and since each agency had its own standards, the private
sector now had 5 to choose from. So nothing changed in the construction world.
So in 1973 Congress passed the
Rehabilitation Act. Section 504 mandated
all common areas (public access, walkways etc.) of Federally funded buildings
be accessible, and Section 502 authorized a board to act as an enforcer. This
was the Architectural & Transportation Barriers Compliance Board (ATBCB). Eleven Federal agencies sent representatives
and the President appointed 11 public members. And nothing changed in the
construction world.
They revisited this in 1978,
amending Section 502 to add more responsibilities to the ATBCB, mainly to write
the minimum guidelines and requirements for the 4 standard-setting
agencies. To you and me, that means “at
least this many”, “at least this wide”, or “not more than”. This finally came to an agreement in 1982
with the final “rule” published in the Federal Register. It’s at 47 FR 33862. And nothing changed in the construction
world.
Up to this point, we’ve been
working on this over 20 years and still have at least 5 standards, including
ANSI A117.1-1980 with research funded in part by HUD.
The first real attempt at
uniformity was aptly named the Uniform Federal Accessibility Standards (UFAS),
published in 1984. This followed the
ANSI format and all four of the standard setting agencies adopted this into
their own code by mid-1985. And nothing
changed in the construction world.
About 1990, the Americans w/
Disabilities Act became law. But this
was different. Unlike all previous
attempts, this was not just another construction mandate; this was now a “civil
rights” law. So what's the difference?
Money. A lot of money.
Did you catch the “civil rights”
part? This is not a simple code
violation.
The legal firms know the
difference, and they have been making a good living on your taxes for over 20
years now. There is an urban legend
about a paraplegic crawling up the steps of city hall, lawyer in tow, claiming
discrimination and winning a very large settlement. You might say to yourself, “I remember that
case, that’s not a legend”. Well, you
are correct. I used the urban legend
phrase because it has happened too many times to count. What’s scary is that this is not limited to
government. The private sector is
especially vulnerable. Every week there
is a news piece about a business in a historical building that shut their doors
to avoid the massive civil penalties. Some would call it
legal extortion.
Like I stated in the beginning, it
is truly a very different world for a person with a disability. It’s just unfortunate that the legal
profession has smelled blood in the water. Sadly, the reason to change the way we design,
build and renovate buildings is not human dignity, but money. It is no longer our obligation to afford dignity to others, but to avoid litigation.
Are you aware that your building is
not accessible by persons with disabilities?
Are you planning modifications to
avoid future litigation?
Do you want to do this only once?
Wow, I have a great idea! Someone should really put this into a usable standard. Any takers?
Finally, the
Federal Access Board has distilled all the different standards we discussed earlier down to one manageable document. It's not perfect, but at least we are all reading the same guidelines.
To start, download a copy of the 2004
ADAAG guidelines from the Access Board website.
That's enough for today. Next time we will use the tape measure, I promise.
.