Don't Use The Word Handicapped

I was meeting with a client the other day and as we were discussing the improvements that he needed to make to his property, he kept referring to them as handicapped improvements.   After a couple mentions of the word, I explained to him the word handicapped was demeaning to those with disabilities and he should use the word disabled instead of handicapped.

The reason we use the word disabled instead of handicapped is because many individuals in the disabled community do not consider their disability a handicapped.   Many in the disabled community can have completely normal lives despite their disability so to describe them as handicapped would be totally inaccurate.

Using the word disabled instead of handicapped is hard for many of those in the design profession including architects, building officials and contractors because when the Americans with Disabilities Act (ADA) was first sign into law, many would refer to the improvements as handicapped improvements and as time went on, the word stuck.

Now in 2014, we and I specifically need to make sure we all use the correct nomenclature and refer to individuals as disabled and the improvements that are made for the disabled are referred to as accessibility improvements.

Non-Conforming Detectable Warnings

Detectable Warnings are used to warn someone with limited or no eyesight that they are about to enter a dangerous area such as rail tracks, a vehicular pathway or even a water feature.   These warnings can literally be a life-savor for the blind.

Section 11B-705 of the California Building Code (CBC) details the specific requirements for Detectable Warnings.   Some of the information included in 11B-705 includes horizontal and vertical dimensions for the required domes as well as the horizontal spacing for the domes.  It also states that Detectable Warnings should be of a contrasting color and of a different texture from the surrounding surfaces.   There is even a mathematical formula within the section to determine if the required visual contrast is acceptable.

In addition to requirements for size, color and texture, CBC Section 11B-705.3 states that Detectable Warnings be approved by the Division of the State Architect (DSA).   This is important because several years ago, there were several products on the market that did not meet the requirements and deteriorated over time ultimately providing little or no warning to the blind.

The photograph above shows a Detectable Warning that is made out of stamped concrete.   As you can see from the photograph, the domes that warn the blind that they are about to venture into traffic lanes are badly worn and now provide little if any warning for the blind.  In addition, the stamped concrete provides no contrasting color to warn those with limited sight.  This is one of the reasons that Detectable Warnings are to be approved by the Division of the State Architect.  It’s also important to note that because the Detectable Warnings need to be of a type approved by the State Architect, they tend to be a little expensive, but are well worth the added expense as they provide a degree of safety for those individuals with limited or no vision.

Handrails For Ramps

The photograph above shows a recently completed ramp to a newly renovated tenant space.   What’s surprising about this photograph are the handrails on either side of the ramp.   The ADA specifically requires that handrails be located on either side of a ramp and that they be continuous to each end of the ramp.   Why do they need to be continuous??   The answer is simple………many individuals with disabilities are not very steady on their feet and this is especially true when they are walking on inclined surfaces.  As a result, the handrails need to be continuous to allow someone to completely transverse the full length of the ramp while holding onto the handrail.  As you can see from the photograph, the handrail on one side is not continuous and therefore this handrail could be the subject of an ADA lawsuit.

It’s also a requirement of the ADA that rails extend 12” beyond the top and the bottom of the ramp.   This is so that someone with a disability can steady themselves at the top or bottom of the ramp by holding onto the 12” rail extension before they continue on their way.  

It’s also important to note that there is a very specific height range for the top of the handrail and specific dimensions for the diameter of the rail.   In addition and in order to provide stability to wheelchair users, a rail or a curb is also required at the bottom of the handrail as shown in the photograph in order to keep the wheels of the wheelchair from going off the edge of the ramp.

There are also some very specific requirements for the slope of the ramp.   It can not slope over 8.33% and this is considered the maximum slope.   When designing a ramp, it should be designed with the least slope possible as even a ramp that is sloped at 8.33% is difficult for those with disabilities to use.   For the layperson, a slope of 8.33% translates into 12” in length for every 1” in height rise.   For example, if a ramp needs to go up 12” then it would need to be 12’-0” long.   There are also certain issues with regards to landings, etc. that must be addressed when designing a ramp.

Eliminating Obstacles

 

Stairs are a big obstacle for wheelchairs.   If someone must access stairs to get to the main entry door of your facility then you are discriminating against the disabled because they can not enter and utilize the services of your facility as others can.

There are many ways to address this issue and make stairs accessible, but in general, they usually all involve a ramp.   The photograph shown above is one way to address the issue.   As you can see, a ramp has been added to the stairs that still allows the stairs to be utilized while providing a ramp for the disabled.   As a side note, some believe that a portable ramp will work instead of a permanent ramp; however, this is not necessarily true.   Those with disabilities should not be required to wait until an employee can find and install the temporary ramp especially since the ADA has been in effect for over 20 years now.

While ramps offer access to the disabled, it’s important to understand there are many requirements to be satisfied when constructing a ramp.   There are certain dimensions for the height and thickness of the handrail, and there needs to be a based at the bottom of the handrail so a wheelchair will not accidently run off the ramp.   There are also strict guidelines with regards to the slope of the ramp.

One of the issues about ramps that seems to confuse everyone is why the handrail is extended beyond the top and bottom of a ramp.   The answer to this is really very simple.   Many of those with disabilities are able to walk, but they are not very steady of their feet and any change in elevation such as going up a ramp causes them to be even less stable.  The purpose of the extensions at the top and the bottom is to allow someone that is not very stable on their feet to stop on the level surface at the top or bottom and hold on to the rail to stabilize themselves before they continue on their way.

ADA Strategies

Last week in a telephone call I was reminded again as to how property and business owners struggle AGAINST the Americans with Disabilities Act (ADA).   In public most will say they support the ADA 100%, but when asked to make improvements to their businesses or properties to accommodate the disabled, many will spend thousands of dollars to “get out of it” instead of making the improvements and while they may be partially successful at “getting out if it”, most do not realize it’s only a temporary solution.

There are many ways businesses get out of making ADA improvements.   Some simply are reactionary and when they get a lawsuit for violations of the ADA they simply make an out of court settlement and consider it the cost of doing business.   This is unfortunate as this strategy does nothing to protect them against further lawsuits.   I have seen businesses get ADA lawsuits 3 and 4 times and each time they pay out several thousands dollars and still have not made any improvements that will prevent future ADA lawsuits.   This quite simply is a loosing strategy.

Another strategy is intentionally ignorance of the law.   I can not tell you how many property and business owners say to me they had no idea they were out of compliance with the ADA.   Along this same theme are owners who choose to only have isolated portions of their properties surveyed by an accessibility professional.   They somehow believe that if they don’t know about all of the violations on their property or in their business then they can claim ignorance of the law.   While not being a lawyer, I can certainly tell you this is not true and ignorance of the law is no a defense against an ADA lawsuits.

A third strategy commonly used by property and business owners is to try and comply, but do so by “cutting corners”.    This usually happens after a lawsuit has been filed and the property or business owner decides to address the issue in the cheapest manner possible.   This often involves blindly making corrections as described in the lawsuit and falsely believing they have fully addressed the problem not realizing that their property or business has several other violations that could and probably will be the subject of a lawsuit in the future. 

Property and business owners need to understand there is no defense for not conforming to the Americans with Disabilities Act (ADA) and they should enlist the services of an accessibility professional ( CASp in California ) to help them navigate the often confusing world of accessibility.   Not only does full compliance help to prevent lawsuits, it also increases revenues as there are many in the disabled community who only patronize properties and businesses that are fully compliant with the ADA.

Another Non-Conforming Parking Space

The photograph to the left is another example of a non-conforming accessible parking stall.   To the untrained eye, this accessible space probably seems to be acceptable, but a serial plaintiff driving by will see this accessible space as a good source of money………and they would be correct.

While everyone appreciates the building owner for making the effort, it really diminished the effort with its done incorrectly.   For starters, this is the only accessible space on the property and therefore its required to be a VAN accessible space.  In order to make the accessible space shown in the photograph a van accessible space, the aisle needs to be wider and more importantly, it needs to be located on the passenger side of the parking stall.   

Another violation is the ramp located in the space of the aisle.   There can be no ramps in the aisle and in fact, the parking space AND the aisle should be almost flat with just enough slope to provide for drainage. Instead of locating the ramp in the aisle, a curb ramp such as the one shown in the photograph at the right could be used.    If curb ramp does not work, then a standard ramp could also be used, as long as it’s separate from the accessible parking space or aisle.

Finally, there is no post or wall mounted signage for this parking space.   There should be an International Symbol of Accessibility (ISA) along with other assorted signs mounted to the column or a post in front of the parking space.   It should also be noted that I have not measured the size of this parking space, but the overall size of the accessible space is also suspect.

The ADA Is Not Arbitrary

A lot of my clients inquire as why is it a big deal if my ramp is a little too steep or a door is a little too narrow.  Most believe that if they are somewhat in compliance with the ADA, they are O.K. and should not be subject to lawsuits.   Well nothing could be farther from the truth.

Nothing in the ADA is arbitrary.   The ADA was not developed in a vacuum; instead it was developed over years of working with government agencies, disability rights groups and many others to get a document that really does provide assistance to the disabled community.   The requirements of the ADA are based on the actual real life experiences of the disabled community and on what is needed to allow persons with a disability to function normally in society.

Take for example, a ramp that is a little too steep.   Most do not understand how difficult it is for a disabled person to wheel up the slope of a ramp.   It requires a lot of upper body strength that many disabled people do not have and for every degree of extra slope, it becomes increasingly more difficult for a disabled person to get to the top of a ramp.   This is also the reason the ADA specifies the need for a landing on the ramp which gives the disabled person the opportunity to stop on a level surface and take a mini break before proceeding to the top of the ramp.

In regards to the door, wheel chairs are built to a certain dimension and therefore a door opening must be large enough to allow the wheel chair to pass with a little extra clearance on each side.  Failure to provide an opening large enough does not allow a disabled person to enter a facility and could subject the owner or tenant to an ADA lawsuit.

As you can see from the two examples above, the ADA is not arbitrary……………every requirement or dimension has a basis of fact for the disabled community.   Despite this, many of my clients still continue to believe that if they get close to meeting the requirements of the ADA, they will be free from ADA lawsuits, but this is simply not true.   If you do not meet the requirements 100%, then you are subjecting yourself to a future ADA lawsuit.  This is also the reason the property owners and tenants must enlist the services of professionals who KNOW the ADA.  I have seen so many instances where owners have hired contractors to do the work only to find out the contractor did the work incorrectly when they get another lawsuit.   Do not subject yourself to unnecessary lawsuits by not enlist the services of an ADA Professional ( CASp in California ) to advise you on issues related to the ADA.