Why Does It Take So Long?

Clients often ask me………….why does an ADA Accessibility Field Survey & Report take so long??  In the clients mind you simply need to visit a property, look at a couple of items and do a little writing.   How can it take so long??   The answer to this question varies by property; however, to start I usually explain to clients the tremendous amount of information that must be gathered during an ADA Accessibility Field Survey.

As an example, for every door in the building I must check about 10 separate items.   This list includes, but is not limited to the following:

1.       Width

2.       Height

3.       Threshold

4.       Kickplate

5.       Door Lever

6.       Lever Height

7.       Closing Speed

8.       Push/Pull Force

9.       Strike Edge Clearance ( Interior & Exterior )

10.     Required Signage

For a high rise office building there can easily be 20 to 30 doors per floor with each door taking 10 – 15 minute per door.  This could result in a door survey that takes several hours especially if there are many different types of doors.   And this is just the time necessary to survey the doors.   There are many other items that must be checked during an Accessibility Survey that can also take a number of hours to survey including the toilet rooms where there is an endless list of items that must be checked.

In addition to the field survey, there can be a number of hours spent in the preparation of the data into a format for presentation to the client depending on what type of report the client is requesting.   In California, the “gold standard” is the Certified Access Specialist Report.   This report is the most inclusive and best report for the client; however, it takes a number of hours after the field survey to complete.  Time estimates vary by CASp, but the office time to complete the report is often a multiple of the hours spent in the field.   And in addition, a CASp may need to spend a number of hours in researching a particular issues as the accessibility requirements are general in nature and don’t address specific issues as they relate to a specific property.

All in all, the hours needed to survey and prepare the data for a client can often equal several days for even the smallest project.  

Why Create A Blog About Accessibility?

As an Architect, I know and understand the need for accessibility in buildings.   Every project that I have done in my career has met the requirements of the Americans with Disabilities Act (ADA), however, as I go about my daily life I always seem to find buildings, some new and some old that do not conform in any way to the Americans with Disabilities Act (ADA).   For years I have always wondered…………how did this building get away without providing the most basis requirements of the Americans with Disabilities Act (ADA) since businesses and properties are not granted “grandfather” status? 

Well, after years of puzzlement, I have recently found that answer………THEY DON’T GET AWAY WITH IT.   I found out to my surprise that as many as 98% of businesses and properties do not conform 100% to the Americans with Disabilities Act (ADA) and that many of these businesses and properties are now receiving lawsuits (either the tenant or the building owner may receive the lawsuit) for violations of the Americans with Disabilities Act (ADA) by serial plaintiff’s.   This is especially true in California where laws are much more liberal than in other parts of the United States.  It’s also not uncommon for businesses and properties who receive a lawsuit to settle out of court with the plaintiff for several thousand dollars rather than incur the expense and time of going to court.  This practice has become an epidemic and has already cost business and building owners thousands and thousands of dollars.

It’s for this reason that in addition to my work as an Architect, I have recently become a Certified Access Specialist (CASp) and am not considered an expert in accessibility by the State of California.  As a California Certified Access Specialist (CASp) I can work with business and property owners to minimize, if not eliminate the lawsuits by surveying their businesses and properties to determine their level of compliance with the Americans with Disabilities Act (ADA) and work with them to develop an implementation schedule for corrections that will be included in a CASp Report.   Once a CASp Report is completed, businesses and properties will have new legal rights including a 90 days stay of any future lawsuits and an Early Evaluation Conference (EEC) with the judge before the lawsuit proceeds.

Since I have became a Certified Access Specialist (CASp) my goal has been to get to business and property owners BEFORE the serial plaintiffs and help them meet the requirements of the Americans with Disabilities Act (ADA).   It has been my belief that many business and property owners have no understanding as to the requirements of the Americans with Disabilities Act (ADA) and more importantly, they don’t understand why they are necessary.   Few business and property owners understand that moving a mirror one inch may result in a lawsuit.   Many just believe it’s just more needless requirements placed on them by the government, however, once they understand the reasons behind the requirements, they are often more accommodating.   They also understand that due to recent wars and the aging baby boomers, the need for accessibility is even more important as those with disabilities have money to spend and look for accessible places to spend their money. 

As an aid to business and property owners, I have decided to develop this blog which will have once simple goal……….help explain the often complex concepts of the Americans with Disabilities Act (ADA).   Hopefully businesses and properties will find the information contained in this blog to be helpful in their endeavor to comply with the Americans with Disabilities Act (ADA).