Party Walls

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. This federal civil rights law prohibits discrimination based on disability and declares that people with disabilities must have equal access to all areas of public life, including employment, public services, public accommodations, and telecommunications.

One year later, on July 26, 1991, the Department of Justice released the 1991 ADA Standards for Accessible Design to be used in the design and construction of new and altered buildings. These technical standards have since been replaced with the 2010 ADA Standards for Accessible Design that we use today.

Despite the importance of the ADA and its enforcement over the past three decades, there are still misconceptions about what the law requires for buildings and facilities.

Below are five of the most common misconceptions that SWA’s accessibility consultants encounter when working with building designers, developers, and owners on ADA compliance. (more…)

Medical diagnostic equipment is instrumental to the accurate and timely diagnosis of a patient’s health conditions, but people with disabilities are often met with challenges when accessing and using diagnostic equipment. This can lead to omitted examinations or inaccurate results, thus causing greater health disparities among people with disabilities.

The Americans with Disabilities Act (ADA) and the 2010 ADA Standards for Accessible Design have made a significant impact on how architects and designers consider accessibility in healthcare settings.

Under Title III of the ADA regulations 28 CFR Part 36, hospitals are required to provide full and equal access to healthcare services and reasonable modifications of policies, practices, and procedures, as well as auxiliary aids and services. As part of this requirement, hospitals must provide accessible medical diagnostic equipment.

However, the 2010 ADA Standards do not provide technical guidance on what types of medical diagnostic equipment and how many of each type must be accessible to patients with disabilities. Because of this, the determination is often left up to the terms of settlement agreements.

How can designers and healthcare providers proactively ensure that medical diagnostic equipment is accessible to patients with disabilities? Keep reading for our recommendations. (more…)

Our accessibility consultants work with design and construction teams to ensure that facilities are compliant with the architectural accessibility requirements of applicable laws and codes. But once the building is operational, and management and maintenance is turned over to an entity not involved in the design and construction process, unintentional violations of accessibility requirements often crop up post occupancy.

It’s not uncommon for litigation to result from observations of violations made by testers that are caused by unknowing operations and maintenance staff.

Once a facility is complaint with accessible design and construction requirements, it must remain so for its life, so it’s important for everyone to understand how to maintain compliance.

Here are some of the more common violations of accessibility requirements that occur post occupancy: (more…)

“If I comply with the building code, then I comply with the Fair Housing Act.” “Everything is adaptable, so it doesn’t need to work on day one, right?” Accessibility consultants have heard all types of misconceptions about the Fair Housing Act (FHA). If followed, these assumptions can result in noncompliance with the design and construction requirements of the FHA.

Here are five of the most common misconceptions about the FHA, explained.

This blog post was originally published on September 30, 2019. It has been reviewed and updated to reflect the current design and construction requirements of the FHA.

Building Code

Misconception #1: Following the accessibility requirements of the building code will satisfy the design and construction requirements of the FHA.

Not true. Following the accessibility requirements of the building code may not always satisfy the design and construction requirements of the FHA.

Building codes and federal laws are mutually exclusive; a building department or building official is responsible for ensuring compliance with the code—not the law. The U.S. Department of Housing and Urban Development (HUD) is responsible for enforcement of the FHA—not building codes. Meeting the requirements of one may not always satisfy the requirements of the other.

There is only one code, i.e., the International Building Code (IBC), that is a HUD-approved ”safe harbor” for compliance with the design and construction requirements of the FHA. Editions of the code after 2018 are not yet approved by HUD as meeting the requirements of the FHA. (more…)

The rise in remote and hybrid work throughout the COVID-19 pandemic has created a demand for spaces in multifamily buildings where residents can work from home. Developers are seeking to meet this demand by providing office and coworking areas as an additional amenity in residential buildings. In these coworking spaces, what accessible design requirements apply?

Accessible Coworking Spaces

Coworking spaces are a valuable amenity for building residents who prefer to work from home, but want separate environments for their professional and personal lives. Designing communal areas that are accessible to all individuals ensures that these spaces can be used to their fullest potential.

As an amenity provided to residents, coworking spaces in multifamily buildings must be designed to provide equitable access for people with disabilities, many of whom have seen a pronounced benefit because of the ability to work remotely. (more…)

As of November 7, 2022, the 2022 edition of the New York City Building Code is now in effect. As designers begin to work with the updated code, our accessibility consultants have been getting a lot of questions about what has changed from the requirements in the 2014 edition of the code.

While it is important to read through the new code in its entirety to ensure compliance with all updated criteria, we have compiled a list of some changes related to accessibility that designers should be aware of, below.

SECTION BC 1106: Parking and Passenger Loading Facilities

8 Electric Vehicle Charging Stations

While the 2014 edition of the code was silent on specific requirements for electric vehicle parking, the 2022 edition provides scoping and technical criteria for charging stations and the parking spaces serving those stations. Where EV charging is provided for common use, at least 5%, but no less than one of each type of EV station must be accessible. (more…)

The Americans with Disabilities Act (ADA) was passed more than 30 years ago, but architects and designers still struggle with misconceptions about complying with the accessible design and construction requirements included in the ADA.

Our accessibility team works on a wide variety of projects across the country to ensure that buildings are designed to comply with the ADA (and other regulatory and building code requirements). Each project comes with its own unique set of challenges, and it is common for even our most experienced accessibility consultants to encounter a design problem we have never seen before.

However, there are design issues that we see again and again and again; these common accessibility oversights are not difficult to avoid if they’re accounted for early enough in the design process.

In this post, we explain how to avoid the top 10 accessible design mistakes that our consultants find in…hotels.

This blog post was originally published on August 08, 2019. It was updated on October 20, 2022 to ensure that the guidance and design requirements provided are up to date. (more…)

“Trends in Healthcare” is a recurring series that focuses on exciting new designs and technologies we’re seeing in healthcare projects and provides best practices on how to ensure that these latest trends are accessible to persons with disabilities. We build on the wealth of knowledge we gain from working with healthcare design teams, construction crews, and practitioners to provide practical solutions for achieving accessible healthcare environments.

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Access to exterior views and natural light can influence outcomes in healthcare settings. Therefore, it is vital that window treatments available for use by patients and visitors are easily operable and accessible to people with disabilities.

As discussed in our last Trends in Healthcare post, visual access to nature is known to promote healing and improve mental and physical wellbeing. Access to natural light through windows in hospital lounges and sleeping rooms has also been linked to improved patient outcomes, including reduced anxiety, shorter length of stay, improved sleep, and lessened pain. (more…)

Work equipment is exempt under Titles II and III of the Americans with Disabilities Act (ADA), but it is important to find opportunities to make emergency equipment accessible to people with disabilities wherever possible. An eyewash station provided for worker safety is just one type of emergency equipment that should be accessible to all workers.

Under Title I of the ADA, workers with disabilities are entitled to reasonable accommodations. As noted by the U.S. Access Board’s guidance on the 2010 ADA Standards for Accessible Design: “Designing employee work areas to be more accessible at the outset will eliminate or reduce the need for more costly retrofits in providing reasonable accommodations for employees with disabilities.”

Below, we’re sharing the technical specifications for creating an accessible eyewash station. (more…)

This blog post was originally published on March 23, 2020. It was updated on April 24, 2022 to provide the latest, most accurate information on HUD-approved safe harbors for FHA compliance.

Compliance with the accessible design and construction requirements of the Fair Housing Act (FHA), a federal civil rights law, has significantly improved since the early 1990s when the regulations were promulgated. Unfortunately, a quick search of recent news articles will reveal that noncompliance with basic FHA requirements continues to be a problem in newly constructed multifamily projects nationwide. Owners, developers, architects, and others are still cited for noncompliance with the FHA’s seven design and construction requirements even though it has been more than 30 years since those requirements went into effect.

Based on our experience, one of the contributing factors in continued noncompliance is the common misconception that following the accessibility requirements of a building code will result in compliance with the FHA. It is important to note that if the accessibility requirements of one of the HUD-approved safe harbors are not incorporated into the design of a multifamily development, and the project complies only with the accessibility requirements of a building code, the risk of noncompliance exists. (more…)