We are moving our office and doing some prelim designs for the new office.
Started looking into a few items...
Look at this steaming pile of crap that business
(unfunded mandates/tax passing billions in costs to the consumer)
has to deal with complying with gvt mandates
(yes BT I know ADA was Bush 1 and a Congress)
REPORT FROM THE U.S.: Twenty years after its passage, the Americans with Disabilities Act is getting an update. New standards bring the code more current with how buildings are built today.
Kevin Hughes, VP for project and development services for Jones Lang LaSalle, said that while the ADA of 1991 is widely seen as a success, it was felt that some updates could make it even more successful.
"The new changes help to clarify some things as well as improve accessibility for more people," Hughes said. "Changes to model codes and evolving building practices have an impact on accessibility issues."
William Endelman of Endelman & Associates, a Seattle-based accessibility consulting and ADA and Fair Housing Act compliance company, said the updated law incorporates what's been learned over 20 years of using the law, clarifying a number of issues and making it a more workable law.
"The (new) standards are an attempt to bring the ADA standards to be more consistent with the technical standards used by most of the building codes," he said. "A second reason is that new areas not specifically covered under the original now are."
The new requirements take effect on 15 March 2012. Because the new rules will not be requirements for more than a year, any new development or remodeling completed before the new law goes into effect will be considered compliant.
According to Endelman, the obligation to remove barriers to the extent that it is "readily achievable" remains in the new regulations.
"Buildings being built on or after March 15, 2012, must comply with the new technical standard," he said. "In the interim period, either the original 1991 Standards or new 2010 ADA Standards may be used, except for new scoping areas, which must meet the new standards. These include areas common in hotels, such as pools, spas, and saunas, which are newly scoped and have new technical standards. They also need to be remedied to the extent that it is "readily achievable".? Existing hotels that meet the old standards can continue as is, until such time as an area is renovated, and then it needs to meet the 2010 standards."
The Small Business Association website says that while it is not possible for many businesses to make their facilities fully accessible, "there is much that can be done without much difficulty or expense to improve accessibility".
"Therefore, the ADA requires that accessibility be improved without taking on excessive expenses that could harm the business," the website reads.
What's changing?
Jill Cole, principal and founder of Cole Martinez Curtis and Associates, a design firm based in Los Angeles, said the changes that are most significant to the hotel industry will affect public spaces, such as ballrooms and assembly areas, gyms, spas and employee areas.
"For example, there has to be one of each piece of gym equipment that is accessible," she said. "Many properties may have problems with this because of size limitations."
She also said assembly spaces will require accessible pathways and seating areas with companion seating and clear sight lines.
According to Ken Otten, CEO of Houston-based Otten Consulting Group, an ADA compliance consulting company, one big change involves public bathrooms. He said the current standards mandate that if you have six toilet compartments in a restroom, not only does one have to be a large ADA stall, but you have to have a second ADA stall that''s designed for people who have mobility issues. The second stall must be narrower and have rails on both sides. The new standard is triggered by six fixtures, not compartments, in any combination of toilets or urinals. If the bathroom has only two stalls, one has to be the big ADA stall and the other has to be for those with mobility problems.
Other changes, according to sources:
"The amount of counter space provided in the bathrooms of accessible rooms must be equivalent to the space provided in non-accessible rooms.
"There is more explicit information about the acceptable depth of counters, which would apply to registration counters and counters in retail areas.
"Swimming areas and spas are subject to expanded rules on accessible routes. Depending on the size of the pool, there may be a requirement for more than one access route into the pool, such as a ramp and stairs with handrails.
"If there are multiple elevators that respond to the same call button, all elevators must be compliant instead of just one so that someone in a wheelchair doesn't have to wait for the accessible one." The disabled must be able to make reservations for guestrooms in the same manner as anyone else; if a hotel has an online system, they have to be able to reserve an accessible room online.
"There are increased requirements for accessible routes within buildings.
What to do now?
Hotel owners and managers need to take stock of where they stand, according to several sources.
"The first step is to assess their site and determine where they may be lacking," Hughes said. "Then they can determine if it is better to remediate to the current standard or the new standard."
Otten said it's a good time to get a new baseline that measures the hotel's compliance relative to the new standards to prevent any surprises down the road.
"Know what's required as you go through the continuing renovation process that all hotels go through," he said. "The last thing you want to do is budget for a renovation for a meeting room and not put any money into it for the restroom or hallway because you thought they were fine and they're not."
Cole said hotel owners and operators need to be involved in any renovation decisions.
"Carefully review any plans they have to remodel or modify their facilities with an experienced design professional," she said. "Talk to the local building department authorities before drawings are completed and final plans are made."
Otten said hotels need to perform due diligence on design professionals and contractors to make sure they are familiar with the requirements.
"You really need to hire someone who understands how the ADA applies to lodging," he said. "It can apply to different venues in different ways. They also need to understand the ADA from a civil rights standpoint and not just a building standpoint."
"If someone doesn't understand the why, you're going to spend too much or too little on the how and then you're going to get in trouble."
Endelman said it's important to consider ADA issues when buying a property, as well.
"Certainly if you're doing an acquisition of a hotel, compliance with the ADA should be part of due diligence, otherwise you're buying someone else's problems," he said. "You want to know what liabilities you're buying in all areas."
The ADA is to ensure the well-being of us all, and it's good business to graciously accommodate everyone, according to Cole. That can be accomplished in an aesthetically pleasing way, she said.
"Complying with the ADA guidelines does not mean the facility has to look like a hospital," she said. "Hire an experienced professional who understands the law and is creative enough to ensure the result looks good and works."
Endelman said trying to ignore the law is a dangerous thing to do.
"(Hotels) really need to assess their properties and do an ADA survey of their properties and work to remove barriers to the extent that it?s readily achievable," he said. "The longer the law is in place, the less patience people have with noncompliance and the more litigation there is."
To read more about the changes, visit the U.S. Department of Justice?s ADA home page:
