Author: Elizabeth Ruggles, NCARB, LEED AP (Senior ADA & Accessibility Consultant)Â
Accessibility compliance is an important aspect of any construction or building project and firms need to remember that there are numerous rules both at the federal and state level which can impact them.
When most people think about handicap accessibility in the United States, they typically associate it with the familiar blue signs and wheelchair friendly ramps that have become commonplace across the nation. However, accessibility is so much more than this and can be beautiful and a natural component of a project if it is done correctly and built in as early as possible. It requires proper planning, diligence and needs to be an ongoing effort for companies to avoid serious legal and monetary issues. Luckily, most construction companies want to actively be compliant and work to do so, but due to the numerous different regulations and different states having different rules, it can make navigating accessibility a headache for those newer to it.
How Can Companies Be Proactive on Accessibility?
It’s never too late during a construction project to ask for experts to evaluate Americans with Disabilities Act (ADA) and accessibility compliance, but like most things its always best to start as early as possible. By building accessibility in during the design and development phase, companies can ensure that if things need to go back to the drawing board, they are able to address those issues before ground is broken. Similarly, for acquisitions or updates to existing buildings, its similarly best to work with experts to check compliance sooner rather than later. It will always be easier to pivot or change a design element before it’s been built in.
Project Due Diligence
While bringing in outside experts is a great way to ensure a project is compliant, its similarly important to ensure that all of the various internal construction crews and specialists that may touch a project are aware of the different rules that impact them. For example, for larger scale projects there could be different architects, plumbers, electricians, engineers and other experts working on different pieces of a project at different times, so ensuring alignment among all of them is important.
Similarly, as a part of the due diligence process, construction companies should check the local state regulations that could potentially impact them before they start a new project. While the Federal level ADA rules will be the same anywhere in the U.S., many rules are slightly different depending on the state a company is operating in. As an example accessible electric vehicle charging stations are not required for every facility type or in every municipality/state. It is important to know when modern technology requiring accessibility is adopted. Denver as of this year has adopted accessibility requirements for electric vehicle charging stations, but other states implemented this standard more than five years ago; and still other municipalities/states have not adopted requirements at this time. If you are a contractor or construction company that recently began working in the state, it can be very easy to overlook something like that.
The Biggest Threats Are Often Small
When companies have experts look for accessibility issues that could potentially be flagged, it’s important to remember that the types of issues could be major components of the design, such as the ceiling or counter height. However, more frequently they are very minor components or design elements that most companies probably wouldn’t think about and could easily overlook. For example, even something as simple as a walk off mat in front of a property has the potential to raise accessibility issues. If a walk off mat in front of a property’s entranceway is not installed or positioned properly, it can potentially cause a tripping hazard. However, if the property is in a snowy or wet environment then a lack of mat can cause a slipping hazard. It’s a small nuance which could go either way depending on the situation, and its items like these where firms can easily run into issues if they are not careful.
Accessibility compliance is an important aspect of any construction or building project and firms need to remember that there are numerous rules both at the federal and state level which can impact them. However, with proper due diligence and being proactive with accessibility firms can identify issues before they arise and confirm compliance, mitigate their risk and protect themselves from potential ADA issues.
