Party Walls

As the development of luxury multifamily housing in primarily urban areas continues to rise, SWA’s team of accessibility consultants has been encountering more and more specialty rooms and features that bring accessibility into question. Wine cellars, yoga and meditation rooms, and even clothing vaults (fur coat, anyone?) are all making their way onto the scene as luxury amenities available for residents of high-end real estate. While current accessibility laws and codes remain silent on many of these types of spaces specifically, they are not exempt from accessibility requirements.

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Written by Katie Chevalier, Accessibility Specialist

Last month, I had the opportunity to attend a training session entitled “Shifting Your Perspective: Experience and Plan for Accessibility Challenges,” which was hosted by the Dutchess County Planning Federation. The course syllabus was broken down into two components: experiential and site planning. The goal of the experiential portion of the course was to provide attendees with a variety of simulated sensory and ambulatory challenges and have them navigate the built environment. While the course was primarily geared toward local municipal planning boards, there were valuable lessons to take with me, both in my role as an Accessibility Specialist and as a county resident interested in learning first-hand the challenges that people with disabilities face every day.

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“Isn’t Universal Design just a different term for Accessible Design?” We hear this from architects and designers a lot. While similarities exist, Accessible Design and Universal Design are actually quite different.

The term “Accessible Design” typically refers to compliance with Federal accessibility laws and state and local building codes; including the Americans with Disabilities Act and the Fair Housing Act, among others. Accessible Design requirements are based on anthropometric research – or the study of the human body – and are intended to address people with disabilities. Laws and codes that require compliance with Accessible Design requirements include little or no room for tolerance.

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Written by Camilo Vasquez, Accessibility Specialist

There are cities around the world with the potential to conjure up negative images the moment you mention the name. My hometown of Medellin, Colombia is certainly one of those cities. It is no secret that Medellin is synonymous with Pablo Escobar, the notorious drug lord who paralyzed Colombia with constant violence and chaos over two decades ago. In 1988, TIME magazine named it the most dangerous city in the world. By 1991, it became the murder capital of the world. Yet in 2013, Medellin was announced the “Innovative City of the Year” by USA’s Urban Land Institute. How did Medellin go from a haven of narco-terrorism to becoming a hub of innovation? This transformation has been attributed to the use of urban infrastructure as a tool for inclusion, which was very apparent during my recent trip.

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Every April during National Fair Housing Month, those of us on SWA’s Accessibility Team like to partake in activities that remind us why accessible design is so important – both in housing and otherwise. This year, I had the exciting opportunity to be part of a guest jury for a design competition with Marymount University in Arlington, Virginia. The fourth annual Strong by Design-athon is a project exhibition that aims to raise awareness about the needs of veterans with disabilities and inspire the design, technology, and healthcare communities to embrace Universal Design.
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The United States Access Board recently issued new standards under Section 510 of the Rehabilitation Act of 1973 for Medical Diagnostic Equipment (MDE). The Proposed Standards provide design criteria for MDE such as examination tables and chairs, scales, radiology equipment, mammography equipment, among other medical equipment. The new accessibility requirements, “establish minimum technical criteria that will allow patients with disabilities independent entry to, use of, and exit from medical diagnostic equipment to the maximum extent possible.”

The Proposed Standards provide technical criteria that will facilitate the use of equipment for people with disabilities in the supine, prone, side-lying, and seated positions. A few key requirements from the Proposed Standard are following:

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At Steven Winter Associates, Inc., we support the whole building approach to design and construction by doing our best to ensure that projects meet sustainability, energy efficiency, and accessibility requirements, among other design strategies and goals. From our perspective, accessibility compliance is a key factor in determining whether a project is truly sustainable and efficient.

As an example, I was recently contacted by a New York City-based housing developer. They received a letter from an attorney stating that three of their recently constructed projects in New York City were “tested” and found to be noncompliant with the accessible design and construction requirements of the Fair Housing Amendments Act and the New York City Building Code. SWA toured the buildings and confirmed that the allegations were in fact true. We identified issues such as excessive cross slopes along the concrete entrance walk, the presence of steps between dwelling units and their associated terraces, the lack of properly sized kitchens and bathrooms, the lack of compliant clear width provided by all user passage doors, etc. It quickly became apparent to us and to the developer that the cost of the remediation required to bring the projects into full compliance would be astronomical.

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Where the 2010 ADA Standards apply, 100% of drinking fountains must comply with criteria for accessible drinking fountains found at Section 602. Of those, 50% must have spout outlets located 36 inches maximum AFF to provide access for individuals in wheelchairs (ADA Section 602.4). The remaining 50% must have spout outlets between 38 and 43 inches AFF to provide access for standing persons (ADA Section 602.7). A Hi-Lo drinking fountain satisfies requirements for both standing (Hi) and seated (Lo) persons.

Where there are an odd number of drinking fountains, the odd numbered drinking fountain is permitted to comply with criteria for seated or standing persons. For example, if there are a total of 9 drinking fountains; 4 can comply with criteria for seated persons, 4 can comply with criteria for standing persons, and the 9th one can comply with criteria for either seated or standing persons. As always, be sure to check local code requirements that apply in addition to the 2010 ADA Standards.

We’re here to help! Contact us to learn more about our accessibility consulting services.

We recently sat down for a conversation with Matt McCann, CEO and Founder of Access Earth – a new app that aims to promote accessibility through public and social participation.

Access Earth is a project that began when Matt took a trip to London in 2012. Matt has cerebral palsy, and had researched and chosen a hotel that, in addition to its desirable price and location, advertised itself as accessible. But, upon his arrival he had to navigate a series of steps to get to the reception desk. When he got to his room, he could not fit his rolling walker through the door. Ultimately, Matt asked for a refund and switched his accommodations – but it was remarkable to him that this first hotel was not nearly as accessible as it had claimed to be online. He also knew that his experience was not an anomaly, but rather something that people with disabilities face every day.

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60 Minutes recently aired a story on what it referred to as “drive-by lawsuits” filed against businesses for failing to comply with the design and construction requirements of the Americans with Disabilities Act (ADA). The piece showcased stories of people who essentially “drive” around on the hunt to find ADA violations, including ramps that are look like they’re steeper than what’s permitted by the ADA, parking spaces that are not designated by required signs, missing pool lifts, etc. Before you know it, the attorney files a case against a business for design and construction violations of the ADA. What results? The establishment that is sued typically settles out of court and has to fork over thousands in court fees, which are theoretically divvyed up by the attorney and the plaintiff all in an effort to make money. Can this be possible? Yes, it can – and these “drive by” lawsuits happen all the time. So, in this instance, the 60 Minutes story was on point – people take advantage of “the system” for personal gain all of the time and in many different ways.

Here’s the missed opportunity – the 60 Minutes piece did nothing to highlight the incredible opportunities that have been opened up to people with disabilities as a result of the passing of the ADA. The story failed to mention that there are an estimated 53 million Americans with disabilities who, as a result of the ADA, now have the ability to work, shop, live, and play on the same terms as everyone else. The ADA leveled out the playing field and provides equal access to the built environment – equality; isn’t that what we’re all about?

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