By Joan
Stein
Jan. 26, 2005, marks the 13th anniversary of the enactment of the
Americans with Disabilities Act (ADA). Although it has been law since the
last century, considerable confusion, disagreement and consternation remains
about its requirements and the need to comply.
All of this energy and cost could well have been spent by ensuring that
existing facilities remove barriers, that all alterations and renovations are
done correctly, and that all new construction projects are done in strict
adherence to regulations. Where does that leave the maintenance manager who
must respond to the multiple demands of owners, users and regulations, all at
the same time?
Managers face a daily barrage of challenges and obstacles to the safe, efficient
and user-friendly operation of their property. These challenges come in a
variety of shapes and sizes and from a wide variety of both natural and human
sources. Many managers can identify with some of the challenges that follow,
and they might gain useful insight and guidance from the solutions
offered.
Challenge #1
You have a multi-facility campus complex with a parking lot adjacent to
each building or entrance. You’ve just completed a resurfacing contract with
an asphalt contractor who told you “Don’t worry. I know all about the ADA
requirements.” But you’ve discovered that they’ve completed their work and
submitted the final invoice for payment. But the final inspection before
payment reveals that they have not painted any compliant-reserved accessible
parking spaces or access aisles. They also have ruined half of the previously
compliant curb cuts.
Creative solution. First, withhold final payment, and double-check the contract. If the
contract states that work was to be performed in compliance with applicable
local, state or federal requirements, or if you have a warranty agreement
with the contractor, exercise your rights under those agreements to force the
contractor to correct its errors before making final payment.
The issue of the realigning and painting the spaces and access aisles
should be a simple enough correction. But be sure that the proper signage is
mounted in front of each of the parking spaces. The universal accessibility
symbol painted on the ground is not sufficient.
When the contractor corrects the curb ramps, make sure to meet all of the
requirements, including that the slope does not exceed a 1:12 ratio and that
the transition from the parking lot and at the sidewalk are both smooth. You
can find technical requirements in the Americans with Disabilities Act
accessibility guidelines (ADAAG) at the Access Board’s web site.
Use the above-noted example as standard operating procedure — whether it is
with architects, contractors or purchasing products that state that they are
ADA approved — before signing the contract or purchase order.
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