ADA: MythBusters Meet ADA

Continued

Myth # 4: My local/city code enforcement officer/division approved the plans and gave us a building permit, so they’re ok.
Fact: The ADA is a federal law, and municipal code enforcement offices cannot approve plans under the federal guidelines. Many jurisdictions use the IBC (International Building Code), the UCC (Uniform Construction Code) or even the BOCA (Building Officials Code Association). However, compliance with these building codes does not insure that the plans meet the requirements of the ADAAG, and in some instances there are substantial gaps or differences between these. A local, state or building code will only supercede the ADAAG if it provides for a greater degree of accessibility than the ADAAGs.

 

Myth # 5: Our healthcare facility is accessible, we have to comply with a myriad of regulations from the Department of Health and other licensing bodies; and we get gurneys and medical equipment in and out of our facilities every day.
Fact: There are health care licensure requirements that actually conflict with some of the specific requirements of the ADA, particularly related to inpatient bathrooms. As a public accommodation under the ADA, a healthcare facility must be accessible to and usable by visitors, patients, employees, and volunteers throughout the facility.

OK, now that we’ve “busted” some of the top myths of the ADA, let’s address some practical ways of resolving some of the conflicts and management issues that facility managers are left to contend with:

• If you have not yet done a facility review to identify your ADA

barriers - do so. It is a critical document to have - you cannot know

what you have to do without knowing what you have.

• If you have done your facility review and have been doing barrier

removal, make sure you have been documenting it. This will be the

single most important “defense” you will have if someone files an

ADA com-plaint.

• As alterations and new construction projects are performed, make

sure that they are being done in compliance with the ADA

requirements. If work is being done internally, make sure that your

staff understand the requirements of the ADA, particularly when it

comes to height and reach ranges for dispensers or heights and

placement of grab bars in toilet stalls.

• If design professionals are under contract, make sure that your

contract stipulates compliance with the ADA -but also have a

thorough discussion with them to determine their understanding of

the ADA.

• Don’t assume that because a local code official has approved the

plans and given you a building permit that the plans comply with the

ADA.

• If there are licensure requirements that conflict with the ADA

requirements document those and try to find some creative ways to

meet both requirements. Aside from these situations, facility

managers have daily challenges in the safe and effective

management of their facilities. Many issues that are a focus under

the ADA relate to safety and risk management as well. Several key

areas are:

• If your facility has an Emergency Evacuation Plan, make sure that it

includes provisions for the safe evacuation of individuals with

disabilities. The first step in this process is to ensure that your facility

can sup-port those needs. You don’t know who is in your building or

their ability to evacuate without assistance.

• Instruct maintenance staff on the proper placement of movable

objects, such as trashcans in bath-rooms or objects in front of hall

call buttons at elevators. These are barriers to individuals using

wheelchairs that prevent them from reaching the door or hall call

button. Old habits are hard to break, but not as hard as getting out of

a bathroom if you can’t reach the door.

• Make sure that carpet runners are securely attached to the floor.

Curled edges are trip hazards for anyone, whether they have a

disability or simply are not paying attention.

• Make exterior sidewalk maintenance a priority. Whether it’s regular

repair of gaps and cracks in the sidewalk (trip hazards) or clearing of

snow. Instruct parking lot crews that they should not dump all of the

plowed snow into the reserved accessible parking spaces or in front

of the curb cuts.

 

This all seems like a great deal of information to maintain. There is one over-arching principle to remember: The Americans with Disabilities Act is a law that was designed to provide equal opportunity and access to the fastest growing minority in this country. At some point in everyone’s life, disability will touch them, a loved one or someone they know. Making our facilities usable so that the wheelchair user, the parent pushing the baby stroller, and the Baby Boomer with their aging parent, can all come in together, will help you meet the letter and the spirit of the ADA. It’s not just the right thing to do, it’s the smart thing to do and the right business decision. It can save you on risk management and insurance costs, potential litigation and enhances customer service – an accessible entrance is a welcome sign.

 

Joan W. Stein is the President and CEO of Accessibility Development Associates, Inc. (ADA, Inc.), a Pittsburgh based ADA consulting firm that provides ADA and accessibility related consulting services to healthcare organizations, businesses, corporations, education and governmental and private companies across the United States.

 

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