Reposted from this website: [Facilities.net]

Good advice for facilities management on general awareness of how of the ADA affects you.

What are the most common Americans with Disabilities Act (ADA) violations, why are they so common and what should facility managers do to avoid being in violation?

The most common violations are found at every juncture of a facility.

Built Environment: It ranges from curb ramps and ramps that are too steep, the lack of marked parking with a marked access aisle and signage (ground markings don’t count, since they can’t be seen at night or when snow-covered.)

Restrooms: The most common violations are toilets not mounted the correct distance from wall or partition (a.k.a. water closet centerline), flush valve for the toilet is on the wrong side; if it isn’t on the wide side, you have to reach over the toilet to flush it.

Operations: Most common violations that are operational in nature, meaning they were not designed and/or constructed that way, include:
-Housekeeping/maintenance staff placing a garbage can next to the restroom’s exit door. Clear space next to door (a.k.a. maneuvering clearances) is intended to give someone in a wheelchair the space to approach the door, reach the door handle and open the door. You can’t do that if the garbage can is there! Another is placing garbage cans/ash urns directly in front of the “call buttons” at an elevator, again impacting the ability of someone in a wheelchair or using a walker to reach the buttons.
- Retail establishments placing merchandise, information racks, etc. in the aisles, which reduces path of travel.
- Mounting objects to the wall (a.k.a. circulation route) that project 4 inches or more from the wall. If they are 27 inches to 80 inches from the floor, someone with a visual disability will miss the item on a “cane sweep” and walk right into the object and get hurt!

These are but a few. The structural/design violations are either a result of not following, understanding or paying attention to the ADA Standards as a federal law and relying solely on building code and code officials. Building codes can be negotiated; civil rights cannot. Good design documents can still be constructed incorrectly. Sometimes it’s that the workmen have been doing it that way for x years, they don’t pay attention, or they simply don’t stop to think of someone using it.

The operational violations, although not permanent/fixed items covered under the ADA Standards, create barriers nonetheless. Try explaining to someone who is trapped in a rest room because the garbage can is placed in their way that it really isn’t covered under the Standards — that won’t work!

We would top off this article with the observation that the technicality of these laws requires hiring someone who can best anticipate and catch these violations. You wouldn’t try and read and follow employment law by yourself, would you?

Questions? email us at help@ytaccess.com or call us at 866 982 3212.

If you were disabled, you’d probably have to rely on public transit unless you wanted to drop a few thousand (at least) to make your vehicle usable.

Lack of reliable accessible public transportation leads to further challenges for disabled individuals to keep steady employment.

Reposted from [Washington Post].

The accessibility issues of Washington Metropolitan Area Transit Authority (WMATA) services outlined in the Aug. 7 Metro article “Ride, interrupted” are not only violations of federal law and a point of frustration for people with disabilities but also a contributor to the extremely low employment rate for people with disabilities.

Seventy percent of people with disabilities are unemployed or underemployed. As a result of a class-action lawsuit on behalf of more than 20,000 people, we have heard from many MetroAccess and Metrorail users who fear disciplinary action or loss of their jobs because of MetroAccess’s unreliable service.

One user believes that the lack of reliable, accessible transportation harms the potential for professional advancement. “Being late to work hinders promotion potential; if my supervisor can’t rely on me to be there when I am needed, I cannot get promoted to the next level,” she said.

Employment is a key factor in the ability of any individual, including a person with a disability, to live independently and contribute to the community. By denying people with disabilities the right to access basic public transportation, WMATA is denying these individuals the right to fully realize their professional potential.

Kat Taylor, Washington

Understanding the frustration disabled citizens have goes a long way in understanding the root that generates disability suits.

Why make things doubly difficult by being incompliant?

Questions? email us at help@ytaccess.com or call us at 866 982 3212.

Much of the information we put out here is to emphasize that many of the ADA violations are addressed easily. Some are not.

This article is taken from [Facilities.net.

I’m Dan Hounsell, editor of Maintenance Solutions magazine. Today’s topic is, facility renovations and ADA.

Maintenance and engineering managers undertaking renovations in institutional and commercial facilities need to be aware of the impact on the project of requirements under the Americans with Disabilities Act, or ADA.

The requirements for readily achievable barrier removal under ADA began Jan. 26, 1992, and have continued since then. Organizations must remove barriers, with a few exceptions, regardless of any work being done.

Anytime a facility undergoes renovations where access barriers exist, the organization must spend 20 percent of the construction costs on removing these barriers from the path of travel. For ADA purposes, the path of travel includes water fountains and restrooms. Any renovation to a primary function area triggers this requirement. The phrase primary function area applies to an area where the activities are germane to the business, such as a bank�s teller stations.

As with the model building code — The International Building Code and the American National Standards Institute — ADA does not require barrier removal on the path of travel that exceeds 20 percent of the cost of the renovation. The major difference in this regard between ADA requirements and building codes is that the ADA requires barrier removal in existing buildings, regardless of renovations. Building codes do not come into play until renovations, alterations or new construction occurs.

Managers can find more specific information in the 1991 ADA Standards for Accessible Design, Sec.36.403 Alterations: Path of travel. ADA guidelines typically supersede a state or local building code, unless the code provides for greater or equal protection of individuals with disabilities.

I would also like to add that it’s not commonly understood that new construction can trigger the ADA. One fear of owners is that when attempting to ‘do the right thing’ one can sometimes be dragged by construction law into doing more than the minimum, especially in how the ADA influences the building code. (Many code officials we’ve spoke with don’t realize that the ADA trigger is there).

Now you’ll also get many savvy attorneys and architects that will claim that ‘legally non-conforming’ situations do not require any kind of addressing. They rightly understand that not touching existing items won’t trigger ADA compliance — but this leads to even deeper problems.

At first, their advice sounds great, as owners don’t want to hear that they need to do anything. But what these professionals don’t understand that if those ‘legally non-conforming’ structures pose fixable ADA violations, leaving those situations to persist will continually trigger even more ADA work. As time goes on, those non-compliant situations will accrue an increase in what needs to be remedied.

In other words, if you have a non-compliant ramp in your facility newly placed in 2003, and you don’t fix it right away, in 2010, not only will you be required to fix that ramp — you will also have 7 years of budget in which you could have fixed the ramp and didn’t. In court, a suing attorney will claim that what was financially remediable in 2 years is ‘easy’ over a 7 year period. That situation will look bad, as though you never intended to fix that ramp and that you are willfully discriminating.

We have heard this so often, as many owners have come to us having fallen into this situation, when they have the panic of court bearing down on them. Don’t let yourself fall into this situation! Get our exposure report so as to make informed decisions on what you are liable for so you can address it right away.

Questions? email us at help@ytaccess.com or call us at 866 982 3212.

Signage is one of the “Readily Achievable” statuses under ADA Accommodation. Basically, this means that you should be able to afford to achieve this ADA Accommodation. (For further detail see here: ADA Accommodation Cost.) Signage is also one of the most least understood ADA Accommodations.

ADA Requirements for Signage:

While there are many different requirements for when signs should be placed, here are some general guidelines.

• Signage should be placed when there are multiple paths of travel or when points of destination (such as main entrance) is unclear.  The pedestrian circulation path should coincide with the accessible route.  So directional signage from the accessible parking to the main entrance, or from an assembly area to a restroom are prime candidates for adding signage.  We’ve all had problems locating where the restrooms or where a main entrance is, but that problem can become compounded if you are mobility impaired.
• Directional signage is not required to have Braille.  But signage to permanent rooms and locations should have signage.  Braille should be Grade 2 Braille.   So Braille signage must be present for stairs, elevators and rooms.
• Braille signage must be accompanied by raised lettering.  This means that if it says “Room 32″ then the lettering for “Room 32″ must be raised.
• The Braille for signage must not be located where there is danger.  If someone is reading the braille but the sign is in the door swing, that’s a problem.  Someone reading the sign could be hit by the door.  The ADA 2010 has the added requirements for the placement of the signs to clarify the unclear 1990 requirements.  Placement of the signs include 48-60 inches on center above the finished floor measured from the highest tactile character and centered a minimum of 9 inches from the door swing.  In California, there are requirements for restroom signs to be placed additionally on the door.  These signs must not have Braille on the swing-side of the door.  (ADA Accommodation for Restroom Signs in California)
• The contrasting color requirements for the signs apply not only to the differences between the background of the sign and the lettering of the sign but also between the sign and the wall color.  Blending the sign into the wall does not make for accessible signage.  Likewise, reflective or semi-reflective signs are non-compliant.  We mention that also here:  ADA Accommodations #2:  Restrooms
• There are added requirements for the proportions and spacing of each of the elements in the sign so be sure to check for these specific requirements.  For instance, elevator signage must be a minimumm of 2″ high for the jambs.

Discussion of ADA Accommodations

Sign Picture #1: Visibility

This picture is of a parking sign.  While required at parking spaces, this sign is both too low for the ADA requirements (which want a minimum height of 60 inches for all head parking signs), and this sign is not easily visible, as the plants around it partially cover the sign.  Where plants and signs are concerned, all signage should be easily visible.  This means that it is visible from the general circulation path, either of vehicles (if the sign is for drivers) or for pedestrians (if the sign is for pedestrians).  The ADA has the additional requirement that the parking head signs be visible to on-coming drivers seated on the driver’s seat.  (This means that the sign can’t be too high).

While there is no requirement for the maximum height of signage, the California Building Code (CBC) has the additional requirement that if in the circulation path, the head parking sign must be a minimum of 80 inches high as measured to the bottom of the sign.  So this California code requirement does not apply if the sign is wall mounted.  What this means is that if the parking warning sign (under CBC 1129B.4) is post mounted in the circulation path, it must have the lowest edge at 80 inches high from the path.  If this sign is on the wall, it may be less than the 60 inches required by the ADA, as it is not required by Federal law to be there.

Sign Picture #2 & #3: Latch side Signage and attending clear floor space

The latch side of a door is the side of the door where the handle is.  On that side, there must be a sign to designate that space if it is a permanent room or space.  So for an office, as the offices are numbered, there should be a sign present with raised letters and braille.  That sign must be of contrasting color.  Restrooms also must have a six by six area for a pictogram on this sign with an icon for mens, womens, unisex or family.  There is an additional requirement for clear floor space of 18 inches centered under this latch side sign.

This second picture does not have that latch side sign, it only has the California door sign required by the CBC.  By the looks of the drinking fountain, this door also would not have the clear floor space of 18 inches unless they removed the drinking fountain.

Likewise, this third picture violates the latch side sign height requirement and the floor clearance requirement.  There is a stool in the clear floor space.  The stool could be easily removed, and should be, as it is a barrier.

Additionally, the placement of the latch side sign as being so close to the door creates a hazard as someone who is reading the sign could be hit by the door swing. The 1990 ADA standards were unclear as to how far the sign should be from the door — the verbiage stated that the sign should be placed so that the door swing would be at least 3 inches from someone reading the door. At its current location, this would not be the case. This sign should be re-mounted so as to be a minimum of 9 inches centered from the door.

Sign Picture #4 & #5: Parking Warning Sign Visibility

In California, this sign is required either at the head of each accessible parking space or at every entrance to the parking lot. We had a client recently ask us if it was okay to mix and match. Mixing and matching isn’t addressed by the code but the principle behind this sign should be that a driver should have to encounter this sign on her way to park — and be warned that if she parked in the parking space reserved for the disabled she better have the proper disabled placard.

So placing the sign on a pole that isn’t even remotely close to the parking lot entrance, or placing the sign in such a way that it faces the wrong way defeats the purpose of presenting the sign to drivers. Likewise, in this photo allowing graffiti to be plastered all over the sign, or allowing the graffiti and stickers to persist on the sign makes a business liable for a lawsuit. (This sign must also be filled out with the telephone number to retrieve the car, or the tow-lot/police station to be fully compliant.)

As a stronger statement about signage is that it must be clearly visible. If the sign is damaged, turned the wrong way as in sign #5 (it’s not facing on-coming drivers, as it’s facing away from the street) then that facility is liable for not being in compliance.

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us at help@ytaccess.com.

Recently the Equals Rights Center launched a campaign to try and educate the public about what ADA Accommodations means.  They have a series of photographs depicting violations, the idea being that you can look at these photos and guess at what constitutes a violation.  They explain what is a violation in each of these images.

This campaign is in line with our mission statement as a company.

We are of course, contributors to their content.

I have quoted the campaign below.

WASHINGTON, D.C., April 12, 2011 – The Equal Rights Center (ERC), a national non-profit civil rights organization, and the D.C. Office of Human Rights, an agency of the District of Columbia government that seeks to eradicate discrimination, have launched a new multi-faceted campaign, “what is WRONG with these pictures?”

“One in five people in the United States have a disability, yet there is still a great lack of awareness when it comes to what exactly is accessible and what is not,” explained Leah Maddox, ERC Communications and Outreach Associate. “This campaign is a fun and stimulating forum through which people with and without disabilities can learn more about accessibility.”

The PSA campaign uses the website, www.disabilitygame.org, to create an interactive forum for education. The focus of the site is a game in which users are asked to identify physical barriers in real life situations. The photographs present a range of barriers; both easily recognized ones – such as a step in front of a doorway – and those many may not be so familiar – such as a round doorknob.

The tools presented on the site are part of a larger self-advocacy ERC initiative. Robyn Powell, ERC Disability Rights Manager, noted: “It’s important that people with disabilities know how to be their own best advocate. These pictures, and the accessibility information that goes with them, are just the start of that conversation.”

ERC member and campaign contributor Gregory L. Hubert, explained, “Advocacy… is part of the fabric of our family life. Often progress is frustratingly slow, but we know we are making a difference. We have been blessed by the advocacy efforts of those who have gone before us. We honor their efforts by continuing our efforts.”

The website also features the stories of people with disabilities as they encounter accessibility barriers in their daily lives. Jill A. Nerby, ERC member and campaign contributor, said, “By sharing my experiences and successes in my life, I hope to inspire every person with low vision and legal blindness to know that there is hope for the future, ways to overcome challenges, and that by working together, we can make a difference in the lives of many.”

Also featured on the site are quick links to the ERC’s five disability advocacy and self-advocacy toolkits, ways in which anyone can become involved in disability rights, and access to help for those who feel they have experienced discrimination. The campaign includes a two-month roll out on social media sites, and a three month print advertisement campaign.

To view the campaign, visit www.disabilitygame.org.

Original Link here:  http://www.equalrightscenter.org/site/PageServer?pagename=pr_11_04_12

You can go their image library here:   http://www.equalrightscenter.org/site/PageServer?pagename=disabilitygame_image

I invite you to take a look, it’s quite interesting.

Welcome back!

For this installment, we will cover restroom accessibility.  For considerations regarding facility management or considerations on how to modify the restroom beyond simple, readily achievable items, I would recommend listening to this podcast found on facilitiesnet.com.  You can find the podcast here:

ADA consideration tips for Contractors and Property Managers

Now, if you had listened to this podcast, and you’re a leasee or a small business owner, you’re probably thinking that can’t be something I can do… in a long term solution, that may have to be done eventually but not right now.  Since this post is about providing tips on what can be done right now it’s got to be simpler and less intrusive on the structure of your restroom.  This is what readily acheivable means.

What is a Readily Achievable Accommodation?

Readily achievable is defined as providing alterations to existing facilities that are “to the maximum extent feasible”. The maximum extent feasible has to do with an entity’s financial threshold. If you are a smaller entity, your financial resources would be much less than a larger entity. So readily achievable accommodations changes depending on who you are. If you want a larger picture as to how readily achievable accommodations, you can go here to read more about the larger picture:

How to Determine your ADA Liability Cost

There isn’t any magical fixes, this is simply a matter of knowing what the laws are.  We will cover four pictures.

Discussion of ADA Accommodations

Restroom Picture #1: Proper Signage

If you’ve looked online for signage requirements, you’ll understand there are height and space requirements.  Those are pretty specific — and we won’t get into that right now ( we will cover this later).  My point, is that’s not well understood how to go about purchasing the proper signs.  Proper restroom signs need braille and raised lettering.  Whether this goes on the door, depends a great deal on the door swing.  For instance, these doors open out, so having raised letter and braille on these door signs would be a hazard.  For more detailed information about this, you can go here:

ADA Restroom Signage

In this picture though, you can see how the sign blends with the color of the wall.  The requirement for “contrasting color” applies not only to the pictogram and the lettering against the background of the sign but also between the sign and the wall.  It’s understandable that the owner of this restaurant probably wanted signage that would blend into the color of his wall so as to be unobtrusive.  But that does defeat the point, doesn’t it?  For someone who is legally blind, they may not be able to see the sign is there if it’s too small.  The large size of the sign contrasting with the color of the wall is meant to draw attention to the presence of the sign.  An individual who is blind could then walk up to the sign and touch it, and read the braille or trace the lettering and understand if this restroom is or is not meant to service them.

Restroom Picture #2: Amenity Height

One of the most common requirements for the accessibility of restroom amenities is the height of restroom amenities. The point of providing these items to the public is so that the public can use them.  Providing goods and services to everyone equally is the point of the ADA.  The height is not the only dimension to be considered.  Height is part of something called “reach range”.  There’s not enough space to go over in detail how the reach range is affected by approach or over-reaches but in general, the California Code of References specifies that at least one of the each type of restroom amentities must be at maximum 40 inches above the finished floor.  This means that if paper towels AND a dryer is made available than one of each must be at 40 inches to the operating point.  For mirrors, this should be at 40 inches.  For towels with controls, the control must be at 40 inches.  For soap dispensers, the dispenser must be at 40 inches.

In this restroom, the mirror here is at the threshold of 40 inches.  You can scale the mirror height through the titles and it’s pretty close to 40.  They definitely need to measure that height to the reflective edge.  Now, knowing what is at 40 inches looks like in this restroom, you can note that the paper towel dispensers are too high.  This can be resolved by either lowering one of the dispensers or by installing a lower dispenser in order to make paper towels available to everyone.  (This can be as simple as providing paper towels on the counter itself.  Of course such a ‘fix’ would require active monitoring so that the paper towels will always be available.)

For the soap dispensers, there are two.  One is too high.  One is lower than 40 inches but has a reach depth that is too deep.  In fact, it’s likely that all four amenities are too deep.   (I did not measure this restroom.)  In general, each amentity must have clear floor space under it so that someone in a chair can have enough space to go up to the item and reach it.  A good rule of thumb is that at 40 inches…

Restroom Picture #3: Sinks

The ADA 2010 simplified the knee clearance under sinks.  This sink has an interesting design and probably meets the requirements for knee clearance. (I did not measure this sink).  But just from looking at it, I see 2 other issues.

The second issue has to do with the pipes wrapping.  Wrapping pipes requires that the hot water input and the drainage be wrapped in insulating materials.   From this picture, it’s clear that the sink on the left is wrapped.  What isn’t clear is that that this sink is identical to the sink on the right.  If one sink of all of them were lowered, then that would be the accessible sink.  But if the dimensions of all the sinks are the same and there is no identifying sign that the sink on the left were otherwise the accessible sink, then this business might as well not have wrapped their sink.  They are still at risk to having their customer be burned by the hot water pipes simply because there is little in way of identifying the wrapped sink.

The second issue has to do with the bowl height.  While the code says that the top of the sink apron, or the sink counter, shall be no higher than 34 inches.  The issue isn’t just so the counter top is at 34 inches, but also so that someone can get their hands in the bowl to wash their hands or wash their face.  The bowl looks to add 6 inches, so even if they had knee clearance at 29 inches which is the minimum, adding another 6 inches puts them at 35, too high to be compliant.

Restroom Picture #4: Urinal

The last image we will discuss is the urinal.  The urinal requirements are pretty much the same as any other point of operation although there are two added requirements specific to urinals.  This urinal has the needed depth (the rim extends far enough from the back wall) but the height is too high.  Urinals are required to have the projecting edge to be 14 inches from the back wall minimum.  The rim height should be a maximum of 17 inches from the finished floor (judging from the picture, this one looks to be at least 2 feet from the finished floor.)

There are three additional considerations, the clear floor space, the slope of the floor and the flush control.

From the photo there are no obvious floor slope issues, but you can tell that the trash can is awfully close to the urinal.  It may interfere with the clear floor space.  This is a matter of policy, this large facility should instruct their janitorial staff to place the trash can somewhere else.

Also visible from the photo is the flush control.  You’d recognize this control to be automatic, as it has a sensor.  But if this control should have an additional push button for added flushing ability, then this urinal control should be within 54 inches of the finished floor.  Remember, 40 inches applies to the amenities.  54 inches is the side reach range if the wheelchair user reached up from the side of the chair.  48 inches is the front reach range.

This concludes our discussion.

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us athelp@ytaccess.com.

In the past we had a series called “Access foibles” which featured one image, with an explanation or tip of what was in or out of compliance.

These images did not prove very useful for our readership because you all had to look at each one to find a discussion of what you found relevant.

So I am going to try posting an extended explanation, to make things easier for you.

This article is about ADA compliant parking and the path of travel requirements.  This discussion is NOT meant to be exhaustive.  If it was, I would probably need to write a small novel.

I am going to cover 3 images.

About these ADA Compliance Photos
s
For the record, none of these images here resulted directly from any ADA compliance study.  These images were photographed by me, on my cell phone in my journeys across Southern California.  The properties depicted do not belong to anyone I know, and are only discussed on here for educational reference as to their ADA compliance.  I am not going to do anything else with these images, nor do I keep track of where each image originates.

If anything, the glaring ADA violations discussed in this image should impress upon you all how ubiquitous ADA violations are, and how easy it is to find a place that isn’t in compliance.

That being said, there are two major considerations for any kind of ADA compliance:

1. The dimensions of the item in question
2. How that item is located in relation to the path of travel

The first item is particularly difficult to surmise because it’s dependent on what the different studies and committees have decided is both achievable for businesses and most helpful for those who need those dimensions.  The first item is also the easiest to look up because it’s specifically dimensioned.

The second item is a little harder to do because it’s according to certain principles, such as the pedestrian envelope.  The pedestrian envelope isn’t a specific construction — it’s an amalgamation of the different needs of pedestrians, be they semi-mobile, on wheels, completely ambulatory, or slightly ambulatory.  Much like egress and ingress (that the Fire Marshal would use to determine the requirements for exit and entrances, as well as the number of those portals), the pedestrian envelope must always have a certain number of requirements.  What this article is about is how the pedestrian envelope affects actual parking spaces.

ADA Requirements for the Parking

I don’t intend to discuss too much about the specific parking requirements.  That’s pretty cut and dry, either you meet the measurements or you don’t.  People understand that.  The requirements for parkings for the 2010 ADA has changed a little, but there are exceptions to allow for older CA parking which exceeded the original 1990 ADA parking requirements.  I’ll discuss the parking in a later post but in general parking should have:

• 60 inches for the non-van access aisle.  Having 60 inches for the van access aisle is required under 2010 ADA but if you have a 96 inch access aisle, you need to have 108 inches of width for the van space.  If your van access aisle is only 60 inches then your van space width needs to be 132 inches.  You measure the spaces from the center of the line to the center of the other lines.  We have worked for places that have been sued because the contractor measured the parking from outside to outside, shaving off 4 inches from the requirements.  This is part of what’s known as “safe harbor” but you can’t rely on the older measurements.  For more details on the concept of the “safe harbor” see:  Department of Justice: ADA Primer for Small Businesses
• The slope for both the access aisle and the parking space need to be on the same level AND the slopes cannot be greater than 1:48 inches in any direction.  If your parking space slumps, we would recommend that you either consider locating your accessible parking elsewhere, or that you try and level the space.  Van lifts won’t deploy if it detects that the ground is uneven.
• Signs should be clearly visible to drivers who want to park in the space.
• The signs should NOT say “handicapped”  (California, Vehicle Code § 22511).  You should replace your sign if it says this, as a lawsuit costs far more than replacing the sign.
• The van space must be marked as being “van accessible.”
• Sign heights for CA and the ADA are different, but in general the bottom edge of your sign should be above 80 inches when in the path of travel.  Many business owners seem to think this is funny, asking if they can place the sign at 13 feet above grade.  There is no upper limit, but again the sign needs to be visible to on-coming drivers.

Bewarned: This list is not exhaustive.  Also be aware that laws do change.  This list may become inaccurate.  I’ll try to remember to update it, but if you’re reading this list a year from now, be warned that it may be faulty, especially if the California Code of Regulations Title 24 changes (which is the next known update).

ADA Requirements for Path of Travel

The idea behind the path of travel is to provide a zone of safety around the pedestrian.  This zone, with attending requirements needs to go anywhere the public is allowed to go.  There are still ADA requirements for employee only areas (especially as put in by Title 1) but as a rule of thumb, the path of travel only needs to end up to the employee areas, including the door.  Some general path of travel requirements are:

• No slopes greater than 5% without handrails.  Slopes greater than 5% require handrails and are considered ramps.
• Door landings do different in size, but in general, each door landing with its latch-side clearance needs to have a steepness no greater than 1:48 in any direction.
• Accessible paths of travel need to be pointed out with signage
• At least one of each type of good or service must be located on the path of travel so that everyone has access to it.  This means that a bar upstairs doesn’t need to be accessible if there is an identical bar on the first floor (AND if all the amenities are the same.  This means that if a private party rents out the upstairs area, there is potential for a lawsuit).
• The California Building Code requires at least 48 inches of width along external paths of travel with a recommendation of 60 inches.  For existing buildings this can go down to 36 inches for the ADA depending on hardship.
• Objects which protrude into the pedestrian envelope greater than 4 inches for wall mounted objects (12 inches for post mounted) are considered hazards in the path of travel.  A path of travel should be devoid of these objects.  The area of projection is in general, between 27 and 80 inches above the finished floor.  This means that doorways that are lower than 80 inches are considered hazards.  Common protruding objects include fire extinguishers, signs and counters.
• The cross-slope for a path of travel cannot be greater than 1:48 inches.
• Detectable warnings are required under the California Building Code for vehicular hazard areas and transit platforms.  This requirement isn’t included under the ADA 2010 but it is included in the ADAAG 2004 and will probably be reintroduced under the Public Right of Way Access Guide which is supposed to come out soon.
• No change in vertical level greater than 1/2 inch is allowed.  Changes in level between 1/4 and 1/2 inches should be beveled at a 45 degree slope.

Like the list above for parking, this list is not exhaustive and may change as laws and regulations change.  So be warned if you want to use this to assess your site.  Nonetheless, this gives you some idea of what some of the requirements are.

Discussion of ADA Accommodations

Parking Space Picture #1: Security as Barriers

Even, if you have not read ADA Requirements above, you should understand why this image is here.  From every disabled parking space there should be an access aisle.  This access aisle must connect to the accessible path of travel.  Failure to do so results in what is known as an inaccessible parking space.

How must this parking space connect?  Firstly, individuals with disabilities tend to travel slower than individuals who do not have disabilities.  One could be in a wheelchair, or they could use a walker, or cane, or be legally blind.  Preferably, paths of travel should not cross vehicular traffic.  But when they inevitably do, areas that are shared by driver and pedestrian must be blue striped and hatched like in the photo.  These areas are known as crosswalks.

Crosswalks are an integral part of the accessible path of travel.For this purpose, the blue striping helps alert both drivers and pedestrians that this is an area reserved for those who walk.

Individuals who are legally blind may not be able to see very well.  They may be able to see the blue striping if it contrasts with the pavement but they definitely cannot see other drivers’ faces.  This means that they cannot tell if a driver sees them or not.  Legally blind individuals look like everyone else.  Drivers may assume that such a person sees them and will stop walking.

Blocking this crosswalk with a fence presents a problem, because now the disabled individual doesn’t know where to go.  They may not see the fence until they walk into it.  Many of you might also notice that this fence is movable.  Besides the fact that I took this photo during business hours (the business expects people to enter and exit through a different driveway) and the fence is closed…

There is however, a second problem with this photo.

If you look at the bottom of the fence, there is a guide rail for the wheel.  This guide rail is larger than 1/2 inches and presents a barrier for individuals who shuffle their feet (or their walker) or individuals in a manual wheelchair.  Many of us who are also not disabled have tripped on such barriers.

The second image presents more parking and path of travel issues.

Parking Space Picture #2: Amenities as Barriers

This picture should be  pretty self explanatory.  Here we have an access aisle that is supposed to use the break in the fence as a way of transition onto the general pedestrian path.

But there’s a trash can in the way.  The trash can is not mounted, but it is made of concrete so as to be heavy (so it won’t get stolen).  This means it cannot be moved easily.

Nonetheless, the parking site is small, and this franchisee decided to put the trash can here for the convenience of  their patrons. Whoever decided to put the trash can there doesn’t understand that this presents three problems.

The first issue stems from a reduction in the path of travel.  There isn’t enough space now for the pedestrian to maneuver with their mobility devices around the trash can.  (The access aisle is also rather narrow, being in-compliant, but that’s not easily visible in the photo unless you have experience measuring such a space).  The presence of this barrier prompts the franchisee patron to travel around the back of their vehicle into the drive-thru, presenting a possible opportunity for an accident.  You can imagine the lawsuit which would ensue if that happened!

The second issue stems from a barrier in the access aisle for the van chair lift.  A van chair lift won’t deploy if there’s an object in the way.  Again, the disabled individual is trapped and needs to move their vehicle or park somewhere else.

The third issue is simply that such a trash can would block the passenger side door of anyone trying to exit the vehicle.  Disabled individuals can drive, but sometimes they do not.  Someone who is mobility impaired has enough problems getting in and out of their vehicle.  To ask them to squeeze out of their space presents an added barrier which may be insurmountable.  If such a patron tried to squeeze out of their vehicle, they might fall and hurt themself.  You can imagine the problems here that could result from that situation.

You can bet that this franchisee will probably say Why do we need to comply?  No one who is disabled ever comes in this store! Well, now you know why no one who is disabled goes to their store.  Such potential clients probably saw this trash can and decided it wasn’t worth the hassle.

And after everything is said and done, why make things harder for your customers to give you money?

Parking Space Picture #3: Curb Ramps

The first two images dealt with issues that a building inspector may not realize as in both situations, it’s possible the owner decided to place those barriers there, unwittingly violating the ADA.  This image is a little different because it requires professional assistance to be implemented.

If the pictured construction looks sharp, it’s because this is brand new, as of 2011.  For those of you who know the construction and design process, it’s more than likely that this construction had to be given a thumbs up from the plan check counter.  Even still, this is a clear case where not only the ADA is violated but also the local building ordinance failed to provide guidance and protection to both future patrons and the building owners.

For those of you curious the violated requirements in question are quoted below:

Built-up curb ramps shall be located so they do not project into vehicular traffic lanes. (1127B.5(1))

Besides the common sense understand that access aisles should not connect to a curb without a curb ramp, there’s also a requirement that curb ramps need to be present where there are curbs.  And curbs there are!

Pedestrian ways which are accessible to persons with disabilities shall be provided from each such parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any accessible parking space or the adjacent access aisle. (1129B.3(3), my own emphasis.)

Now if this was not enough, there’s also a requirement for the access aisle slope to be less than what a curb ramp needs in order to be functional.  The presence of any curb ramp in the access aisle would violate this requirement.  For your reference, curb ramps are any sloping surface which transverses a curb.  Curb ramps can slope up to a maximum of 8.33%.  8.33% is 1:12 meaning that for each vertical inch, a curb needs to have a horizontal length of one foot.  In California, curbs are steeper than in most other states.  Usually curbs are six inches (or more) high.

Surface slopes of accessible parking spaces and access aisles shall be the minimum possible and shall not exceed one unit vertical in 50 units horizontal (2-percent slope) in any direction. (1129B.3(4))

I didn’t measure these curbs but obviously, 2% < 8.33%.

Now understand that these three violations are just the California Building Code!  The ADA has matching Accessibility Guidelines also similarly violated.  If anything, in order to be compliant, instead of built-up curb ramps that project into the access aisle there should have been curb cuts installed.  A curb cut would have also used less concrete as the head walk could have been lowered to street level.

Insofar as how this affects people with disabilities, a curb ramp in the access aisle presents an uneven surface such that a van chair lift will not deploy.  Wheelchairs that have to be placed on an uneven surface also have a tendency to roll.  Grandma has enough problems walking for short distances, for her to have to deploy the chair and sit on it is hard enough without also having to chase after the chair.

The access aisle closest to the camera may be wide enough for wheelchair deployment.  But to place a curb ramp alongside it in this manner creates a side flare which becomes a potentially insurmountable barrier.  Transitioning onto steep surfaces tips wheelchairs, making it unsafe.  For someone in a wheelchair to use this ramp, they would have to go into the vehicular right of way to enter it.

The large curb ramp also invites delivery trucks to park in front, blocking the disabled spaces.  The ADA also requires that pedestrian curb ramps not be used as loading ramps.

What’s the solution if you are this building owner?  Well, relocating the access parking might be an option, or extending the cross walk so the curb ramp could be utilized.  This really depends on the rest of the site configuration, however.

Well, that’s it for now!

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us at help@ytaccess.com.

ADA Compliance Means Policy Needs to be Compliant too!

Take a look at Rule 6. It includes the text “SELF-PROPELLED VEHICLES PROHIBITED.” Does that include powered wheelchairs? It’s important to be careful with your signs, printed materials, and policies. Discriminiatory verbage hurts your loyal customers — even if they’re too polite or shy to say anything — and can make you look very bad should you ever get sued.

Anyone who does an ADA inspection, especially for Facilities under Title 2 (government) for a full ADA transition plan needs to have their policy looked at! Remember, the ADA also has Title 1 which covers employees. (Any good HR firm, or consultant can advise you on this.) But in terms of access to goods and services you need an experienced ADA consultant to look through your policies. If your consultant thinks that walking through a court house or police station with a tape measure is all it takes, then you need a better ADA consultant, one that won’t get you into a lawsuit.

Have any questions? Call us at 866 982 3212 x2 or email us at help@ytaccess.com

If you want to look directly at what our services cost, or for further information on the topic, you can go to these official ADA sites.

In the past, I’ve tried to take a factual stance on accessibility. No preaching, just the facts. But facts don’t always say much — facts change. They come and go. For this to be a successful business blog, it needs to reach out and take a stand. This company needs to present its philosophy, so that the general reader, potential client or not, understand why we do what we do — which is in a significant sense — even more important than what we do… as why we do something shapes everything about what we do.

If you are reading this I assume you know something about what YTA does. From the point of view of businesses, we are consultants who help businesses lower their liability by making rational accessibility tips. From the point of view of people who are disabled, we help make the world more accessible, but in a way that is nice. For activists, this may be too nice. In the most extreme position of activists, we are not helpful at all — we should be threatening to sue places that violate accessibility guidelines — and then actually suing the places to force them to comply with the law.

At the most basic level, this is what accessibility compliance entails. Compliance with the law. We have had some clients tell us “we don’t want people like that around here” and “i don’t believe that new ramp would ever get used” (as if disabled people do not exist). Both are appalling to hear and thank goodness, not many people say it. Whatever level of engagement you are willing to do for your clients, accessibility is still required by law.

How this happens can be complicated. Basically the ADA defines a disability a condition which “substantially limits a major life activity.” You can read more about what exactly a disability is here:

http://www.access-board.gov/about/laws/ada-amendments.htm

Now that you’ve read the link, regardless of what major life activity has been substantially limited, individuals with a limiting condition must be able to gain access to goods and services in the same way as the general public. This can extend to having assisted listening devices, to having grab bars in the restroom, or having door ways widened so a wheelchair can fit through them. Likewise, having architectural or structural barriers which trap people, or prevents people from getting what everyone else can get (such as a soda fountain switch that is too high up) would qualify as a violation of the ADA. Think of the difference between ketchup packets and having a push button on a ketchup-condiment dispenser.

The few items I have mentioned are simple. Much of what business owners would make of these depends on their attitude. Many business owners are scared away from compliance because they are afraid of expensive changes like tearing down structural, load bearing walls. Or putting in expensive ramps. Or completely changing the way the parking layout is and not having any site parking for a week. So these become “justifications” that serve to downplay the relevance of ADA compliance work. Having this kind of work isn’t often the case, but it could be. The flip side is that business owners may need to change many inexpensive things. Such as changing the door handles on doors that access public spaces and doors that serve as pathways of egress and ingress. Or lowering a counter that is made of wood. Or lowering or raising a sink in one restroom. These business owners might bitterly complain that the ADA is ‘nit-picky’. Again that depends on your attitude. Both positions are on opposite sides regarding the monetary commitment involved in ADA compliance — yet both sides assume their position as reasonable to justify the dismissal of ADA compliance!

Now, not all business owners we’ve spoken with have this attitude. Nonetheless, this little dialectic suggests that downplaying the importance of ADA compliance is unrelated to either position. Having any excuse to toss aside the ADA is a pathological attitude. After all, is it nit-picky to ensure that your customers have a good experience, or an experience that is safe for them? Is it nit-picky to consider the wide range of ability, age, and condition of every person whose money is green?

This gets us to the baseline of businesses. All businesses need to have positive cash flow in order to be a viable. We understand that. The ADA does make some allowances on what is ‘readily achievable’. The basic idea is that small entities that can’t afford costly renovations. What is the determining factor of what is costly depends on a great many things. Larger corporations, of course, will have a higher threshold of what is allowable. Yet if each business saved a dollar a day, since the ADA became law, that would mean today, each business in operating since the signing of the ADA would have $7,497.00!!

This emphasis on money seems to exemplify a basic attitude about the world we live in. This recent story on NPR, Is Marriage Rational comes to the conclusion that marriage is in fact not rational because it makes little economic sense. Personally I find it a sad affair that money has to be the determining factor as to the viability of anything. After all, why be a doctor or an attorney, if you’re after money? All that schooling… and that huge debt… Yet even this impetus on money isn’t enough to spur business owners and property managers to take steps to become compliant. Fines in California are 4k minimum per violation. That’s enough dough that it’d make you’d think that even medium sized businesses would comply. Add on the cost of a attorney fees and yet even this dollar amount does not seem enough to encourage action!!

It seems that even with the letter of the law — found in Civil Code Section 51 stating that violations of the ADA are acts of discrimination, bearing fines of at least 4k per instance — is not enough for business owners to make sense of what they should do.  This suggests that saving money and limiting liability isn’t what business owners think as being important enough to initiate action on their part.

Should businesses wait for a lawsuit to happen? Because then they have to pay 4k plus attorneys fees. Or should they spend some money, hire a consultant who is familiar with the intricacies of these requirements and then pay the few thousand (or in some cases few hundred) it would take to comply and then completely avoid that lawsuit? It’s not like they have to do this all at once either! The cost can be spread out over time. Courts do look favorably to businesses that have an operative ADA transition plan in place.

If anything, it seems that we as a people have forgotten what it means to be in business or even live among our peers. Success doesn’t come about by simply behaving according to a set of rigid rules. If that was the case, you’d think anyone could be wildly successful. Robots and computers cannot succeed at business. Success comes about like love. It’s a side-effect of successful relationships. Successful relationships take time, take energy and take good-will. Any business owner who would begrudge someone’s grandmother entrance to their facility does not have good will. Instead we often encounter the contentious attitude of us vs them. “We need to get them.” or “they will get us.” This is much like the attitude of the stereotypical “bad renter” who trashes the apartment they rent because it’s not theirs. Even if they don’t own the apartment they still live there!! Who wants to live among all their own filth and garbage?

My point: improving accessibility (even if its just to your store) benefits not only the general but the public but also your potential customers.  It will come back to you.  We all live together in the same city, on the same streets. Just like littering is bad for the community (and thus bad for us individually) so is polluting the environment or not voting and taking the time to learn about what’s important to be able to vote. Fiscal conservatives complain that deficient spending means that our children need to pay for our mistakes. I realize it’s getting to be increasingly difficult to feel a sense of community, especially in big cities like Los Angeles or Chicago where people can be very impersonal. We don’t need to adopt the rat in a cage syndrome though, we are human beings. We have a choice. We need people to be responsible, not just for themselves but others. After all, business owners are leaders in their communities. Business owners employ people. Successful business owners ensure their customers have good experiences and that their employees — the life blood of their business — succeed at their individual lives. This is success behind Zappos. This is also what’s missing in larger corporations that burn people out.

Accessibility is one of those indirect benefits. At the very minimum, it requires following the law. That’s important too — not knowing the law is no excuse. Ever tell a cop who pulled you over that you don’t deserve a speeding ticket because you didn’t know the speed limit? But as citizens in the great country of the United States of America, we need to see the reasons behind laws. The principles behind why laws are there. Thats what it means to be a “pillar of the community” someone who not only opens a restaurant to make a living but also to spread the joy of eating at a particular kind of establishment. Businesses serve the public — they serve the needs of the general population. That’s why anyone would go to a business. This is what’s great about capitalism — not greed — but that we can help each other out and get to make a living doing it. Vote with our dollars, as it were. That is also why we exist as a service, to help you achieve accessibility!

After all, in ten or twenty years, improving accessibility everywhere will also benefit your loved ones. And if you and I live long enough, having an accessible world will also directly benefit us.

For a guide on how to put a price tag on ADA Compliance

Starting the new year (2011) on the right foot is a great way to help set the tone for the new year.

So we at YTA have decided that the best way to do that is to help all you out there notice a few of the conflicts between State and Federal Law. The state in question, of course, is California.

Between the updated 2010 Federal requirements of disabled access under the ADA for all businesses serving the public and the updated 2010 California Building Code (CBC) there are a variety of common conflicts business owners should be aware of.  Some of the common conflicts include:

1. While the CBC never allows a maximum slope of over 8.33% (1:12) the ADA has allowances for steeper slopes if the slope rises less than 3 inches the maximum slope is 12.5% (1:8).  If the rise is 6 inches the maximum slope lowers to 10% (1:10).
2. Ramps runs under the CBC can only rise to a maximum of 30 inches per run but as the length of the ramp run increases, the maximum slope decreases.  E.g., a ramp run that is 465 inches long cannot have a slope greater than 6.67% (1:15).
3. The ADA always requires a clear floor space of 18 inches square directly under each door sign whereas the CBC only requires clear floor space based on the latch side clearances for each door.
4. The CBC requires that employee parking include parking spaces reserved for the disabled.  For the CBC, the total ratio of disabled parking spaces must include employee spaces.  The Advisory for the ADA states that employee parking lots are not required to be included in the required ratio of disabled parking.
5. The ADA allows the door closer to swing into the head clearance down to 78 inches.  The CBC does not allow the door closer to drop less than 80 inches.
6. While both the ADA and the CBC now have requirements for a maximum mirror height of 35 inches for mirrors not over sinks in restrooms, the ADA advisory states that the top edge of stand alone mirrors should be no less than 74 inches above the finished floor.
7. The CBC requires that disabled parking spaces reserved for vans should always have the access aisle on the passenger side (when the van is pulling forward).  The ADA allows the access aisle to be on either side of the space except when the parking space is angled.  Angled van parking spaces are required to have the access aisle on the passenger side.
8. Parking space signs for the CBC must be at least 80 inches above the parking grade when in the path of travel.  ADA parking signs must always be at least 60 inches above the parking grade.
9. For the ADA, grab bars in restrooms can be anywhere from 33 to 36 inches measured to the top above the finish floor.  In the CBC must be exactly 33 inches on center above the finished floor, unless you are using a tank toilet and the rear bar interferes with the tank’s lid.  If that’s the case then the CBC allows the rear bar to be anywhere from 33 to 36 inches on center.

These are just some of the conflicts between the CBC and the ADA.  Negotiating these code requirements requires intimate knowledge about both the INTENT of the law and the explicit details surrounding the requirements.  Hiring an experienced Access Consultant is a must!  Should you have any questions, please email Yours Truly Accessibility Corporation at  help@ytaccess.com or call us 866-982-3212 x 1.