Comply with ADA Guidelines

The Americans with Disabilities Act (ADA) serves to protect the civil rights of the disabled, and mainly applies to public spaces—like hotels, hospitals or bowling alleys, for example. In certain cases, however, it also covers certain areas of residential properties that are used by both public and private tenants. Another statute, The Fair Housing Act (FHA) covers private residences in “covered multifamily dwellings.” Both laws mandate similar standards.

The ADA rules frequently pertain to a sales and leasing office. The requirements would extend not only to the office space itself, but also to any associated parking spaces, restrooms or even drinking fountains. Other examples of residential buildings that incorporate public use are rooms that may be rented by non-tenants or owners, for activities like parties or childcare.

Doctors’ and other professionals' offices often are located on the premises. Many buildings include a library, small pharmacy or grocery at street level, with rental space above, says Dr. Steve Nourse, who uses a wheelchair, teaches education law at Central Washington University and has worked for 13 years as an investigator for the Department of Civil Rights.

Buildings also may function as condo hotels, which share a common lobby with rental units. Or they may offer a swimming pool, tennis court or fitness center to the public for a usage fee. “Are the building’s amenities intended only for private use, or can anybody walk in? Is part of the building not secured?” asks Robert Fine, an attorney with Greenberg Traurig in Miami.

Disabilities
Mobility constraints often come to mind first. In fact, the ADA covers all forms of mental or physical impairments that can limit a person’s major life activities substantially. That might include hidden illnesses, such as diabetes or emphysema, or a severe lack of coordination.

The law addresses the needs of the deaf and visually impaired. For example, fire alarms must have flashing strobe lights, and signs must be posted in Braille on the latch side of doors to permanent spaces. “A lot of thought went into the law, but it still involves some tradeoffs,” says Thomas Rebel, an attorney with Fisher & Phillips in Atlanta. For instance, what must be lowered to be accessible to wheelchair users may be difficult to reach for people who have difficulty bending, and Braille signs placed at 60 inches above the floor might be too high for short blind people to reach.

Specific Guidelines
The American with Disabilities Act Accessibility Guidelines (ADAAG) outline the standards to which property owners and builders must conform. Here are some important features:

• Doors must be an adequate width (minimum 32 inches) and configuration for wheelchairs.
• Restroom stalls must be wide enough to maneuver, usually 48 x 60 inches. The rim of a urinal must be no higher than 17 inches.
• Parking space between vehicles must allow sufficient room for a ramp or lift.
• Objects that are more than 27 inches from the floor cannot project from walls.
• 29 inches of clearance beneath the bottom of a sink apron allows a wheelchair to approach it.
• Steps for non-wheelchair users must be at least 11 inches wide, with handrails and 4- to 7-inch risers on both sides.
• Grab bars, smooth sidewalks, secure carpets and non-skid floor coverings are essential to prevent falls and provide support.
• Heights are specified for light switches, thermostats and drinking fountains.

Be Prepared
It is up to building owners and contractors to confirm with their architects that they have designed buildings according to the appropriate laws—whether the ADA or FHA. “The major step for compliance is making sure the architect’s plans comply with these laws,” Fine says. Make sure to leave a margin of safety in case you make a field change, such as installing a fixture. For instance, somebody might measure the height from a concrete slab, without taking the floor into account, and end up too low.

The rules are complicated and mistakes happen. “As an owner, you want to include a provision on your contracts with the architect or contractor that certifies their compliance with the ADA or FHA and will indemnify you in the case of any ADA or FHA non-compliance,” Rebel suggests.

The cost of outfitting a building from the start in accord with ADA regulations is negligible, compared to the expense of remodeling later. Norse emphasizes that, “like it or not, the population is aging, and with age comes disability. Smart contractors build facilities to be adaptable.”