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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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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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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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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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Tech Notes: Accessible Parking in Precast Garages

When designing accessible parking spaces, it is important to remember that the slope of the ground surface for the entire parking space and adjacent access aisle must not exceed 2% in any direction. We frequently see noncompliant slopes at accessible spaces, especially when the ground surface is asphalt or permeable pavers.  The slope along the perimeter of spaces at curbs or gutters is frequently more than 2% at up to 5%, which requires careful detailing and planning on the part of the architect, civil engineer, and on site contractors to ensure that a compliant slope is achieved at the accessible parking spaces. At parking structures and precast garage systems, we have found that important details and coordination needed to achieve compliant ground surface slopes are often overlooked.

 

Ground surface slopes at walls or parapets often exceed 2%, (blue highlight) resulting in noncompliant slopes at the heads of accessible parking spaces.

In parking structures, it is common for an area along the perimeter of the slab (adjacent to walls or parapets) to slope in excess of 2% for drainage purposes. In some cases, this slope is embedded into the precast system. As a result, accessible parking spaces must be located away from the sloped edges during the initial design phase.

In other cases, noncompliance results from the application of a cast in place (CIP) wash applied to the top of the precast slab. In the detail shown below, note the slope condition at the CIP topping. The wash is often indicated only in section details on the precast drawing set, making it easy to miss if designers are not specifically looking for how these details affect accessible parking spaces. The entire project team involved in the design and/or construction of the garage must be made aware of where accessible parking spaces are located and understand the specific slope requirements to ensure that details are properly coordinated.

The cast in place topping results in a slope of more than 2% at 8.33% at the head of the accessible parking space in this precast garage.

 

Once the garage is constructed, it is nearly impossible and very costly to fix noncompliant slopes at the head of accessible parking spaces. In some garages, we have been able to solve the problem by shifting the striping at accessible parking spaces. This results in the steeply sloped ground surface being located fully outside of the parking space and access aisle. The problem is that this solution is dependent upon whether the spaces can be shifted without compromising the minimum required width of the drive aisle or obstructing access to other parking spaces.

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Environments for Aging: Designing Better Senior Housing

The 2019 Environments for Aging Conference took place last month in Salt Lake City, UT.

Last month, I had the opportunity to attend the Environments for Aging conference in Salt Lake City. Hundreds of professionals involved in the complex world of senior living gathered to learn from each other and to explore products and services that are designed for the senior population. It was not surprising to see the level of interest in the event; according to the US Census Bureau, 20 percent of the current US population will be 65 or older by 2029. The Baby Boomer generation, which accounts for the majority of that 20 percent, is moving into their 70s and are beginning to consider how and where they want to age. Some Boomers prefer to remain in their current homes in the communities that they helped build. Others want to move into smaller homes or prefer to transition to senior living communities. Many of these senior living communities are popping up both in suburbia and active urban centers in response to the current trend in senior housing preferences.

There are many senior housing typologies: among the most common are independent living, assisted living, and dementia care. Each type of living arrangement has specific needs that must be addressed from a design perspective.

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Trends in Healthcare: Nurse Call Devices

“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.


According to the U.S. Centers for Disease Control and Prevention (CDC), falls account for 3 million injuries treated in emergency rooms, 800,000 hospitalizations, and 28,000 deaths each year in the U.S. One in five falls cause serious injuries such as concussions/traumatic brain injuries and hip fractures. Not only is this a public health concern, it is extremely costly. According to the CDC, medical costs directly related to injuries resulting from falls totaled more than $50 billion in 2015.[1] Within hospitals and long-term care facilities, effective implementation of interventions and design strategies to reduce patient falls are key to increased patient safety and decreased medical costs. However, it may not be possible to eliminate patient falls altogether, so features like a properly installed nurse call system can be life changing.[2]

Accessible Nurse Call Stations

Most state and local standards and regulations require nurse call devices in each public toilet room and within inpatient bath, toilet, and shower rooms.[3,4] Where provided in spaces required to be accessible, the nurse call device must also be accessible. An accessible nurse call device is one that meets the following requirements:

  • All operable parts, including call reset switches, are within accessible reach range (15-48″ AFF);
    • NOTE: Determining compliant mounting height requires coordinating with the location of operable parts on the specific model used.
  • Operable parts do not require tight grasping, pinching, or twisting of the wrist to operate; and
  • Operable parts can be activated with no more than 5 pounds of force.

The location of operable parts differs between models of nurse call devices. It is important to determine mounting location based on the specific model of device being used.
Models shown (clockwise, L to R): Intercall Emergency Stations; Becas BeSmart Nurse Call System; Cornell Visual Nurse Call System

While these criteria appear straightforward, proper placement of nurse calls can become complicated when coordinated with minimum grab bar clearances and additional requirements under FGI, NFPA 99, NFPA 70, Ul 1069, UL 2560, and other local codes.

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Tech Notes: Meeting the Accessibility Criteria for Horizontal Exit Doors

Getting out of a building during a smoke or fire event can be traumatic for anyone. But, just imagine how traumatic it can be for a person who uses an assistive device, such as a wheelchair? If proper maneuvering clearance is not provided at doorways, then a person can become trapped.

Building code requirements for accessible means of egress have been developed to ensure that people with disabilities can exit buildings safely in the event of a fire. These requirements, found in chapter 10 of the International Building Code (IBC), establish proper maneuvering clearances at certain doors to safeguard against the potential for entrapment. Horizontal exit doors are an example of such doors.

Horizontal Exit Doors

horizontal exitWe’ve all seen them; in a hospital corridor, at the school cafeteria, or near the elevator lobby in a high-rise apartment building. They are doors that are held open most commonly by magnetic locks, which are connected to the building’s fire alarm system. When the building’s fire alarm is triggered, the magnetic hold-open device releases, and the doors close to contain smoke and flames.

 

The 2015 IBC defines a horizontal exit as:

“An exit component consisting of fire-resistance-rated construction and opening protectives intended to compartmentalize portions of a building thereby creating refuge areas that afford safety from the fire and smoke from the area of fire origin.”

 

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Trends in Healthcare: Patient Check-in Kiosks

“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.

And now for our first installment…Patient Check-in Kiosks!


Check-in kiosks are becoming prevalent in state-of-the-art healthcare facilities. Where provided, at least one of each type of kiosk must be accessible.

Imagine that you are walking into the waiting room of your doctor’s office for your annual checkup. The waiting room is overflowing with people and the receptionists are answering phone calls, entering information into the computer, and taking care of the long line of patients ahead of you. That’s when, out of the corner of your eye, you see several touch screens located on a nearby counter. You’ve grown accustomed to self check-in kiosks at airports and theaters, but not at your doctor’s office. Eager to skip the long line, you make your way toward the digital devices. Hooray! Patient check-in kiosks have arrived!

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Innovations in Accessible Products

Our accessibility consultants are constantly on the lookout for improvements in product design that will make it easier for our clients to comply with accessibility criteria. As manufacturers become more familiar with accessibility requirements under applicable federal, state, and local regulations and building codes, a number of innovative, accessible products have emerged to make compliance simpler and more stylish.

Here are just a few examples of accessible products that we have been recommending recently…

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Shifting Perspectives: Experiencing Accessibility Challenges

Katie negotiating a curb ramp and crosswalk with the aid of a cane while wearing vision-altering goggles.

Written by Katie Chevalier, Accessibility Specialist

Last month, I had the opportunity to attend a training session entitled “Shifting Your Perspective: Experience and Plan for Accessibility Challenges,” which was hosted by the Dutchess County Planning Federation. The course syllabus was broken down into two components: experiential and site planning. The goal of the experiential portion of the course was to provide attendees with a variety of simulated sensory and ambulatory challenges and have them navigate the built environment. While the course was primarily geared toward local municipal planning boards, there were valuable lessons to take with me, both in my role as an Accessibility Specialist and as a county resident interested in learning first-hand the challenges that people with disabilities face every day.

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Tech Notes: Universal Design v. Accessible Design

“Isn’t Universal Design just a different term for Accessible Design?” We hear this from architects and designers a lot. While similarities exist, Accessible Design and Universal Design are actually quite different.

outlets, switches, env controls

This image depicts the prescriptive Accessible Design requirements for light switches and operable parts under the Fair Housing Act. Unlike Universal Design, Accessible Design is not intended to be flexible, with little or no room for tolerance.

The term “Accessible Design” typically refers to compliance with Federal accessibility laws and state and local building codes; including the Americans with Disabilities Act and the Fair Housing Act, among others. Accessible Design requirements are based on anthropometric research – or the study of the human body – and are intended to address people with disabilities. Laws and codes that require compliance with Accessible Design requirements include little or no room for tolerance.

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Medellin: A New Approach to Access and Inclusion

Written by Camilo Vasquez, Accessibility Specialist

A view of the comunas in Medellin, Colombia

There are cities around the world with the potential to conjure up negative images the moment you mention the name. My hometown of Medellin, Colombia is certainly one of those cities. It is no secret that Medellin is synonymous with Pablo Escobar, the notorious drug lord who paralyzed Colombia with constant violence and chaos over two decades ago. In 1988, TIME magazine named it the most dangerous city in the world. By 1991, it became the murder capital of the world. Yet in 2013, Medellin was announced the “Innovative City of the Year” by USA’s Urban Land Institute. How did Medellin go from a haven of narco-terrorism to becoming a hub of innovation? This transformation has been attributed to the use of urban infrastructure as a tool for inclusion, which was very apparent during my recent trip.

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Why the Whole Building Approach Matters

At Steven Winter Associates, Inc., we support the whole building approach to design and construction by doing our best to ensure that projects meet sustainability, energy efficiency, and accessibility requirements, among other design strategies and goals. From our perspective, accessibility compliance is a key factor in determining whether a project is truly sustainable and efficient.

The Whole Building Approach to Design (from the Whole Building Design Guide, “Design Objectives”)

As an example, I was recently contacted by a New York City-based housing developer. They received a letter from an attorney stating that three of their recently constructed projects in New York City were “tested” and found to be noncompliant with the accessible design and construction requirements of the Fair Housing Amendments Act and the New York City Building Code. SWA toured the buildings and confirmed that the allegations were in fact true. We identified issues such as excessive cross slopes along the concrete entrance walk, the presence of steps between dwelling units and their associated terraces, the lack of properly sized kitchens and bathrooms, the lack of compliant clear width provided by all user passage doors, etc. It quickly became apparent to us and to the developer that the cost of the remediation required to bring the projects into full compliance would be astronomical.

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Tech Notes – Drinking Fountain Height

Where the 2010 ADA Standards apply, 100% of drinking fountains must comply with criteria for accessible drinking fountains found at Section 602. Of those, 50% must have spout outlets located 36 inches maximum AFF to provide access for individuals in wheelchairs (ADA Section 602.4). The remaining 50% must have spout outlets between 38 and 43 inches AFF to provide access for standing persons (ADA Section 602.7). A Hi-Lo drinking fountain satisfies requirements for both standing (Hi) and seated (Lo) persons.

Where there are an odd number of drinking fountains, the odd numbered drinking fountain is permitted to comply with criteria for seated or standing persons. For example, if there are a total of 9 drinking fountains; 4 can comply with criteria for seated persons, 4 can comply with criteria for standing persons, and the 9th one can comply with criteria for either seated or standing persons. As always, be sure to check local code requirements that apply in addition to the 2010 ADA Standards.

60 Minutes on ‘Drive-by’ ADA Lawsuits: On Point or Missed Opportunity?

60 Minutes recently aired a story on what it referred to as “drive-by lawsuits” filed against businesses for failing to comply with the design and constructioninsiders-guide-ada-image requirements of the Americans with Disabilities Act (ADA). The piece showcased stories of people who essentially “drive” around on the hunt to find ADA violations, including ramps that are look like they’re steeper than what’s permitted by the ADA, parking spaces that are not designated by required signs, missing pool lifts, etc. Before you know it, the attorney files a case against a business for design and construction violations of the ADA. What results? The establishment that is sued typically settles out of court and has to fork over thousands in court fees, which are theoretically divvyed up by the attorney and the plaintiff all in an effort to make money. Can this be possible? Yes, it can – and these “drive by” lawsuits happen all the time. So, in this instance, the 60 Minutes story was on point – people take advantage of “the system” for personal gain all of the time and in many different ways.

Here’s the missed opportunity – the 60 Minutes piece did nothing to highlight the incredible opportunities that have been opened up to people with disabilities as a result of the passing of the ADA. The story failed to mention that there are an estimated 53 million Americans with disabilities who, as a result of the ADA, now have the ability to work, shop, live, and play on the same terms as everyone else. The ADA leveled out the playing field and provides equal access to the built environment – equality; isn’t that what we’re all about?

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The Reasons Behind the Requirements

Written by Theresa D’Andrea, Accessibility Specialist

This month, several members of the Accessibility Team had the unique opportunity to experience navigating architectural barriers commonly faced by people who use wheelchairs. We attended a seminar held in New Jersey that involved actually getting into a wheelchair and going through a series of obstacles to experience just how challenging it is to navigate environments that do not meet (or just barely meet) the minimum standards of accessibility compliance. The experience of using a wheelchair to negotiate common obstacles brought to light the rationale behind accessible design and construction requirements that we deal with on a daily basis.
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Accessibility’s Top Five from 2015

As we wrap up another successful year here at SWA, the Accessibility Compliance and Consulting Group would like to take a moment to reflect on some memorable achievements from 2015. Here are a few SWAwesome things we want to celebrate:

  1. An Anniversary. On July 26th, the Americans with Disabilities Act (ADA) officially turned 25, providing an opportunity to reflect on how this law has changed the face of accessible design and continues to promote equal access for people with disabilities. SWA marked the milestone with a hugely successful twitter campaign #ADA25 SWAnniversary, led by our in-house expert Tweep, Theresa D’Andrea, Accessibility Specialist.

    UD Kitchen

    Universally designed kitchen showcasing products for enhanced accessibility.

  2. Accessible Products. We kicked off the year by rolling out SWA’s Product Guide for Enhanced Accessibility which was developed as a direct response to the needs of our clients. This guide showcases potential product solutions that can improve access to and usability of spaces and features contained within them for a wide array of building occupants. We’ve also recently established partnerships with more than a dozen new vendors. Stay tuned for more products to be added in early 2016.
  3. Health and Accessibility. We’ve made serious headway in championing the idea that designing for health is linked to designing for people with disabilities. SWA was appointed as Lead on Accessibility for AIA|DC’s Design + Wellbeing Committee and debuted our new role with a blog post published in Architecture DC. SWA was also invited to present next year at the AIA 2016 National Convention on the relationship between healthy design and accessible design. Be sure to come see us next spring in Philadelphia.
  4. Travel USA. This year, our accessibility consultants had the opportunity to travel to projects all across the country, from California to Florida. Particular travel heroes were Senior Accessibility Consultants, Harold Bravo, Certified Access Specialist in the State of California; and Jeff Heitert, Registered Accessibility Specialist in the State of Texas. And let’s not forget the countless industry presentations led by Senior Accessibility Consultant, Mark Jackson, who presented at Design DC in Washington, DC; the Build Expo in Dallas, TX; the 2015 AIA National Convention in Atlanta, GA; among many other.
  5. YOU. Last, but never least, we are grateful for another successful year with our clients, partners, and colleagues. Because of our diverse set of clients, we’ve had the opportunity to work with state and local governments, builders and architects, and others to create accessible homes, restaurants, retail stores, hotels, and more. The Accessibility Group wants to thank clients, new and old, who have helped us achieve our mission of creating safe and equitable spaces for people with disabilities.

Wishing you and yours a very happy, healthy, and accessible Holiday Season!Overview1-01 (2)

SWA Accessibiltiiy Group Photo_small

-The Accessibility Compliance and Consulting Group

A Tour of DURA, New York City College of Technology’s Urban and Resilient Solar Decathlon Home

Last week, I had the opportunity to visit the DURAhome, New York City College of Technology’s entry for the 2015 Solar Decathlon. This project is currently nearing completion at the Brooklyn Navy Yard. Over the past 3 months, more than sixty students have toiled around the clock to finish construction in time for the contest, which will take place October 8-18 in Irvine, California. The Solar Decathlon is the U.S. Department of Energy’s biennial competition that challenges college and university student-led teams to design and build solar-powered net-zero homes that are affordable, energy-efficient, and aesthetically appealing.

TeamDURA’s focus was to create a prototype of post-disaster housing that is suited for New York City’s high-density urban environment, and could serve as a shelter in the aftermath of a catastrophic storm. As such, multifamily, multistory solutions were preferable to traditional single-family trailers, which have larger footprints. DURAhome consists of several prefabricated modules that can be packaged and shipped on standard-sized tractor trailers for quick response at low cost. These flexible modules can then be joined in standalone configurations or stacked for multifamily uses. Like the city, the DURAhome is diverse, urban, resilient, and adaptable.

NY City Tech Freshman Langston Clark continues work on DURA into the early evening.

NY City Tech Freshman Langston Clark continues work on DURA into the early evening.

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Victoria Lanteigne Talks Accessibility on DC Radio

SWA Accessibility

This week, SWA Senior Accessibility Consultant Victoria Lanteigne joined the program “Business Matters” on WPFW 89.3 FM in Washington, DC. (more…)

An Insider’s Guide to Restaurant Accessibility

As a resident of Washington, D.C. for nearly ten years, I’ve spent a fair amount of time frequenting the city’s burgeoning restaurant scene. Much like my fellow Accessibility Consultants at SWA, even when we’re off the clock, we notice structural violations of federal accessibility laws on a daily basis. I would love to say that DC’s restaurant industry is an exception, but unfortunately there are still many challenges facing diners with disabilities in Washington.

Accessibility regulations that apply to restaurants are outlined under Title III of the Americans with Disabilities Act (ADA). Achieving compliance with the ADA can be a substantial task, but not without significant benefit. Recent statistics show that people with disabilities spend over $35 billion in restaurants a year. This is no small change for an industry with ever-increasing competition. Compliance also mitigates risk of litigation, which is particularly important as the U.S. Department of Justice and advocacy groups continue systemic investigations across the country.

Following are a few general rules of thumb to remember when providing equal access to guests with disabilities:

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The Access Files – The Truth is Out There

Peter Stratton

Peter Stratton, SWA’s Director of Accessibility Compliance and Consulting

SWA Access is the quarterly publication created by SWA’s Accessibility Compliance and Consulting Group to convey the importance of, and help  demystify the often complex world of accessible design, construction, and compliance. After all, as the group’s director, Peter Stratton, often says, “Sustainable Design is Accessible Design.”

Each edition of the newsletter features a section that answers specific questions asked during project work or public seminars. We will periodically post these items to Party Walls, but if there’s something you would like answered now, you can post your question in the comment section below and someone from SWA’s accessibility team will answer them (and in a timely manner!)

Q: Under the Fair Housing Amendments Act, are multifamily housing developments that utilize valet parking still required to provide a total of 2% accessible parking spaces serving covered dwelling units?

A: Yes. the guidelines require that accessible parking be provided for residents with disabilities on the same terms and with the full range of choices that are provided to all residents. Providing valet parking in lieu of self parking does not change this requirement. A minimum of 2% of the parking spaces that serve covered dwelling units must be accessible. Local code requirements may be more stringent when it comes to requirements for accessible parking. Find more information by visiting:
Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines.

Q: Is it true that HUD now accepts the 2010 ADA Standards (2010 Standards) as an alternative to the Uniform Federal Accessibility Standards (UFAS) for compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504)?

A: Yes. HUD issued a Notice, effective May 23, 2014, that permits recipients of Federal funding to use the 2010 Standards as an alternative to UFAS on projects subject to Section 504. However, HUD has deemed certain provisions of the 2010 Standards to provide less accessibility than is currently required by UFAS. So, be sure to learn about the exceptions if you choose to apply the 2010 Standards to your next project. HUD’s Notice remains in effect until the agency formally adopts an updated accessibility standard for compliance with Section 504.