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Designing for Inclusion with Victoria Lanteigne

Disability inclusion in the built environment is extremely important. But, it shouldn’t end there. How do we ensure that we are being truly inclusive of all types of people, taking into account a wider diversity of backgrounds, orientations, and abilities? The answer is Universal Design.

On this episode of Building’s + Beyond, Robb chats with former SWA employee and Universal Design expert, Victoria Lanteigne. Victoria has devoted her career to the advancement of Universal Design, educating herself and others on the concept and its limitless applications. In her interview, she discusses trends, tactics, and examples from the field, and challenges practitioners to re-think their definition of the word, design.

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Five Misconceptions about The Americans with Disabilities Act

This past summer, the country celebrated the 30th anniversary of the passage of the Americans with Disabilities Act. Despite the progress of the past few decades, there are still misconceptions about what the law requires for buildings and facilities. Below are five of the most common misconceptions our consultants encounter.

Cover pages of the ADA Title III Regulations and the 2010 ADA Standards for Accessible Design1.      All buildings that predate the ADA are exempt from accessibility requirements.

Unlike building codes, the ADA does not contemplate the concept of “grandfathering.” Included in the ADA regulation is the ongoing obligation for barrier removal, despite the age of a building. Specifically, if a barrier to access exists in a building that predates the ADA, then there is an obligation to remove the barrier if it is readily achievable to do so. Readily achievable means that fixing the barrier does not involve too much difficulty or expense. Such determinations must be made on a case-by-case basis and consider many factors, including financial resources.

2.      Following the accessibility requirements of the building code will satisfy the accessibility requirements of the ADA.

Even though the 2010 Standards for Accessible Design (the technical standard referenced by the ADA) is similar to the technical standards referenced by many building codes (e.g., A117.1 Standard for Accessible and Usable Buildings and Facilities), they are mutually exclusive. Compliance with the accessibility requirements of the building code does not satisfy compliance with the accessibility requirements of the ADA; and, vice versa. The general rule of thumb is to apply all applicable laws, codes, and standards and comply with the most stringent requirement.

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Tech Notes: Sliding Doors at Dwelling Units

Private outdoor space is a desirable amenity for apartment dwellers, especially as COVID-19 restrictions have led to more time spent at home. Balconies and terraces accessed directly from multifamily residential dwelling units are increasingly popular with many of our clients, a trend we expect to see continue in the coming years. For designers looking to incorporate this feature, it is important to note that secondary exterior doors from dwelling units have specific accessibility considerations.

One of the most common problem areas that our accessibility consultants see in multifamily housing units are noncompliant secondary exterior sliding doors. The Fair Housing Act (FHA), as well as most building codes, strictly regulate these doors, from clear width and thresholds to door hardware at certain unit types. Our consultants highly recommend that swing doors are used in lieu of sliding doors at secondary exterior locations; however, if a sliding door is preferred, it is vital to consider the following requirements, among others:

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Trends in Healthcare: Charging Stations

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.


Anyone who has ever had to take a trip to the hospital knows how much time is often spent in the waiting room. As a result, our experience in that space can shape our perception of the entire visit. In fact, studies have shown that a visitor’s impression of the waiting room itself contributes significantly to the likelihood of a return visit.[1]  The length of wait times can vary – from a relatively short wait for a screening, to an average of 40 minutes in emergency departments, to the better part of a day if you are waiting for a family member to receive treatment.[2] As healthcare providers strive to remove pain points within the patient experience, they are turning to a number of design strategies to help create a more pleasant waiting room experience. One of these strategies is to ensure that patients and visitors have access to electrical outlets.

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Tech Notes: Automatic Doors

image of "Caution Automatic Door" signAs the country continues to confront the realities of the COVID-19 pandemic, the way we navigate spaces is changing. One of these changes is the way we interact with common use objects that traditionally require hand-operation, like doors. While automatic doors have always been a good option for providing greater access to people with disabilities, hygiene concerns associated with the spread of disease have presented another argument for their use. The rise of touchless technology as a result of this pandemic will increase the use of automatic doors not just for accessibility or convenience, but for public health as well. For anyone considering incorporating automatic doors into their designs, either for new construction or as a retrofit, here are some important things to consider:

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Fair Housing – What’s Your Safe Harbor?

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 despite the fact that it has been approximately 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 ten 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, then the risk of noncompliance exists.

Throughout the 1990s and early 2000s, many building codes fell far short of FHA compliance. For example, many developers in New York City relied on compliance with NYC’s Local Law 58 of 1987, believing that they would also be compliant with the Fair Housing Act. Unfortunately, this resulted in widespread noncompliance. LL58 permitted step up terraces and small bathroom layouts with inswinging doors, among other design elements that did not satisfy FHA compliance. The problem has certainly become less pervasive in more recent years as the ICC and local jurisdictions have become aware of shortcomings in their code requirements, but there are still some FHA criteria that have fallen through the cracks in even the most up-to-date building codes. (more…)

Tech Notes: Door Surface

The 2010 ADA Standards and the A117.1 Standard for Accessible and Usable Buildings and Facilities require the bottom 10 inches on the push side of a door to be smooth and free from any obstructions for the full width of the door. While there are some exceptions (e.g., sliding doors or tempered glass doors without stiles), this requirement applies at the following locations:

  • 2010 ADA Standards:
    • Public and Common Use Areas: All doors along the accessible route
    • Accessible Dwelling Units: The primary entry door and all doors within the unit intended for user passage
  • A117.1 Standard:
    • Public and Common Use Areas: All doors along the accessible route
    • Type B Dwelling Units: The primary entry door
    • Type A and Accessible Dwelling Units: The primary entry door and all doors within the unit intended for user passage

The door surface provision is intended to ensure the safety of people with disabilities who require the use of a wheelchair, walker, cane, or other mobility aid. It is common to utilize the toe of the wheelchair or leading edge of another mobility device to push open a door while moving through it. The smooth surface allows the footrest of a wheelchair or other mobility device that comes into contact with the door to slide across the door easily without catching.

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5 New Year’s Resolutions for a High-Performance Year

We took some common New Year resolutions and put our SWA spin on them. This year, make resolutions to improve the built environment in 2020!

 

  1. Go on a (Carbon) Diet – diets are difficult, but as with all things, moderation is key. Reducing operational carbon use with super-efficient buildings is only part of the equation. We also need to understand the full Life Cycle of carbon use including building materials and products. Fortunately tools such as EC3 are making these analyses easier to understand; and products, including lower carbon insulation options and lower carbon concrete, are becoming readily available.
  2. Quit Smoking – enforcing no smoking policies is one of the best strategies to improve the health of all building occupants. If you do allow smoking, make sure you develop a good fresh air strategy and compartmentalize your units with a good air barrier. And check out more of our strategies for healthy indoor environments.
  3. Save More Money – lighting provides a significant area for savings. Sure, LEDs are great, but efficient design also means considering lighting power density (LPD). High efficiency fixtures placed in high concentrations still use a lot of energy and can result in over-lit spaces, which drive up upfront and operating costs. Lower your bills and the harsh glare with a smart lighting design.
  4. Travel More – seek out hotels and restaurants that people of all abilities can navigate with ease. Access Earth is an app that tracks the accessibility of public spaces worldwide to help take the guesswork out of accessible accommodations in new locations.
  5. Learn a New Skill or Hobby – looking to expand your horizons? Check out SWA Careers and join our team of change-makers to help develop and implement innovative solutions to improve the built environment.

 

 

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Five Misconceptions about Fair Housing Act Design and Construction Compliance

From “If I comply with the building code, then I comply with the Fair Housing Act” to “Everything is adaptable, so it doesn’t need to work day one, right?” – our accessibility consultants have heard it all. Here are five of the most common misconceptions about the Fair Housing Act that we come across on a regular basis…

1.  Following the accessibility requirements of the building code will satisfy the design and construction requirements of the Fair Housing Act.

Fair Housing Act Design and Construction CoverNot true. Following the accessibility requirements of the building code may not always satisfy the design and construction requirements of the Fair Housing Act. 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. And, HUD is responsible for enforcement of the Fair Housing Act – 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 (2000, 2003, and 2006 editions, with a few caveats) that are HUD-approved ‘safe harbors’ for compliance with the design and construction requirements of the Fair Housing Act. Later editions of the code are not approved by HUD as meeting the requirements of the FHA. And, any edition of the International Building Code adopted by a local jurisdiction and edited to fit the context of the local jurisdiction is not a safe harbor for compliance. The general rule of thumb is to apply the accessible design and construction requirements of the code and the law and comply with the most stringent provision.

2.  Meeting the design and construction requirements of the Fair Housing Act is not required at the time of design and construction. Because the Fair Housing Act permits adaptability, modifying a feature to accommodate a resident’s particular need is the best way to comply with the Fair Housing Act.

Not true. Meeting the design and construction requirements of the Fair Housing Act at the time of design and construction is required. To say that its permissible to meet the requirements by adapting features as needed and only upon request makes the design and construction requirements of the Act meaningless. Adaptability is permitted by the law, but only after the minimum design and construction requirements are met. And, what is permitted to be adapted post construction is included in the technical standards. For example, a forward or parallel approach is required to be provided at a kitchen sink in a dwelling unit. In order to accommodate the front approach, the base cabinet must be designed to be removable, i.e., adaptable. Adaptability in this case is contemplated by the requirements for usable kitchens. On the other hand, a light switch is required by the Fair Housing Act Accessibility Guidelines to be installed below 48 inches above the finished floor. The Act does not permit the light switch to be installed higher and modified as requested. To install a light switch higher than 48 inches above the finish floor is in violation of the design and construction requirements of the Fair Housing Act Accessibility Guidelines. Adaptability in this case is not contemplated or permitted by the requirements for usable kitchens.

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Top 10 Accessible Design Oversights: Hotels

Our Accessibility Team works on a wide variety of project types across the country, and each comes with its own unique set of challenges. It is common for even our most experienced accessibility consultants to encounter a design problem we have never seen before. However, there are also recurring issues that we see crop up again and again and again; common accessible design oversights that are not difficult to avoid if accounted for early enough in the design process.

In this post, we dive into the top ten accessible design oversights that our consultants find in…Hotels.

1. Dispersion of Accessible Guest Rooms

Guest rooms required by the ADA to include mobility features must be dispersed among the various classes of guest rooms provided. Accessible rooms need to provide guests with the same range of choice afforded to guests without a disability. Often, designers select one or two room types to meet the minimum number of accessible guest rooms required by the ADA (e.g., a King room and a Double Queen room) while failing to account for other room types and amenities. For example, if a hotel provides multi-room suites, king rooms, double rooms, rooms with couches or seating areas, rooms with kitchenettes, etc., then the number of required accessible rooms must be distributed among each of those room classes. Other factors to consider when dispersing accessible rooms include view, floor level, price, bathroom fixtures like hot tubs, or other amenities provided to guests. Only when a hotel contains more room classes than the number of accessible guest rooms required are you permitted to have rooms classes without an accessible equivalent. In this case, you still must disperse the accessible guest rooms in the priority of guest room type, number of beds, and then amenities.

2. Required Rooms without Roll-in Showers

When designing bathrooms for accessible guest rooms, many designers overlook the fact that there are a specific number of rooms required to provide roll-in showers, and a specific number that cannot include roll-in showers (i.e., the accessible bathing fixture must be a bathtub or transfer shower). We frequently review plans where all accessible guest rooms are designed with roll-in showers. Older codes and standards focused on ensuring that a minimum number of roll-in showers were provided, but they did not limit that number. As a result, hotels could be designed with all accessible guest rooms containing roll in showers; however, that is no longer the case under the current requirements. Despite common misconceptions, a roll-in shower is not necessarily the best bathing option for all guests. The variety of bathing fixtures required by the 2010 ADA Standards accommodates the needs of people with a range of disabilities.

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