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The
other major change to the ADA has been driven more by circumstance than
anything-9/11. The events of that day altered the face of emergency
preparedness and evacuation. Prior to 9/11, the ADA virtually prohibited
asking anyone about his or her disability or the existence of one, even if it
was to ensure the person's safety. Modifications to those policies have been made since
then. Facility managers of commercial buildings face a challenge, considering
there can be a myriad of people-customers, employees, and visitors-in the
building at any given time. Moreover, individuals can have disabilities
unknown even to their employers or co-workers that may inhibit their ability
to evacuate the building in an emergency. What
Is Changing? Shortly
after the ADAAGs were implemented in 1992, the U.S. Access Board (the agency
charged with developing requirements for accessibility laws) started on the
next edition of regulations. Ten years of work has produced a revised set of
regulations that was published as a Final Guideline in July 2004. This is an
extensive review of the technical and scoping requirements of the ADA with
proposed changes and modifications to the requirements. Although they are
Final Guidelines by the U.S. Access Board, they are not an Enforceable
Standard until approved by the DOJ. That step is taking place right now. In
September 2004, the DOJ published an Advance Notice of Proposed Rulemaking.
This document addresses a number of issues related to the enforcement of the
ADA-issues that are of particular importance to facility managers. Several
proposed changes in the document relate to hotels, malls, and office
buildings. For instance, questions 13 through 18 in the document address
items under discussion for office buildings. There
are also questions related to issues such as safe harbors for existing
facilities. Under safe harbor, a facility's specific situation may exclude it
from making changes to comply with new regulations. Currently,
members of the public can review the document and submit comments on the
proposed changes. The DOJ reviews and seriously considers all comments
received when deciding on implementation. The deadline for submitting
comments is May 31, 2005. The
document can be viewed at
www.regulations.gov
(Keyword: ADA, then scroll down to the DOJ heading) or at
www.adaanprm.org. Comments can be submitted via
e-mail from either Web site. Facility managers would do well to review the
document and send comments or to contact relevant professional organizations
to ensure facility managers are represented. Taking
Action If the
steps below have not yet been completed, facility managers should put these
high on their priority lists. In the end, the results will be self evident. 1. Perform
a self evaluation of the facility and identify readily achievable barrier
removal. If an evaluation was previously done, dust it off and update it. 2. Integrate
ADA modifications into each year's budget. 3. Identify
and document any modifications to structure, communications, policies,
programs, and procedures that have been made since 1992. 4. Ensure
that all design and construction professionals conform to ADAAG requirements
or state/local regulations (if more stringent than the ADAAGs). 5. Review
emergency preparedness and evacuation plans. Ensure there are means to
evacuate individuals who cannot use stairs. Train security staff, and perform
regular evacuation drills. 6. Take a
trip through the facility, beginning outside. Look at items that would
prevent someone with a wheelchair, walker, or cane from entering and using
the building. Is there cracked or broken cement in the parking lot or
sidewalk? Are there curbs without curb cuts? Apply the same test for someone
with a visual or hearing impairment. Is there a step at the door? Are there
only revolving doors at the entrance? Does a multi-floor facility only have
stairs? Does the rest room have an audible fire alarm and not a strobe? ADA
compliance is not just Federal law, and it's not just the right thing to
do-it's also good business. Facilities required to comply include commercial
office buildings, professional spaces, retail sites, hospitals, restaurants,
movie theaters, hotels and motels, and other building types. There are more
than 54 million Americans with disabilities. Proactive facility managers will
be smart and accommodate them. Stein serves as the president
and CEO of Accessibility Development Associates, Inc. (ADA, Inc.) in
Pittsburgh, PA. She can be reached by phone at (412) 471-4156 or by e-mail at
jwstein@adaconsults.com. ©2005
Group C Communications, Inc.. All Rights Reserved. |
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