Are You Compliant?

Jan 1, 2003 12:00 PM, by JO'EL ROTH

The Americans with Disabilities Act, commonly known as the ADA, became law on July 26, 1990. The ADA “…guarantees equal opportunity for individuals with disabilities in public and private sector services and employment.” It is a comprehensive anti-discrimination law that extends to virtually all sectors of society and every aspect of daily living — including security.

“Although 12 years have passed,” says San Diego Architect Eduardo Maldonado, “everywhere I go I see buildings that are not in compliance.” Title III of the ADA states that, “…architectural, communication and transportation barriers must be removed where it is readily achievable to do so.” It is important to note, says Maldonado, “that by ‘readily achievable,’ they mean something that can be easily accomplished. Many times, clients are reluctant to spend the extra money up front unless they absolutely must. That is not the spirit of the law.”

These regulations can impact the proper installation of access card readers, CCTV cameras, door locks and turnstiles. “There are many problems with access control devices, as well as the latching and opening of doors,” says Jim Terry, an architect with Evan Terry Associates of Birmingham, Ala. “People with severe disabilities can have a hard time operating these devices if they require too much pressure, or are hard to operate. There are many ‘out of reach’ problems that we find.” Terry and his firm are usually hired to offer ADA consulting after a company has been sued for non-compliance. “It is a lot more expensive that way,” he says. “We usually advise our clients that it makes sense to spend enough the first time: The cost is fairly small. The guidelines state that anybody with a disability can get a lawsuit against any public facility, existing or new, as long as it is a place of public accommodation. The ADA law states that it is the building owner's responsibility to remove barriers, and they have a ‘continuing obligation’ to do that.”

Jeff Katz, a San Diego architect, works with Evan Terry Associates in their ADA accessibility cases. “We started after ADA came out, as a service to building owners. We help to design fixes. Sometimes, card readers are on the wall where the door would swing into it. Other times, the card readers are too far from the door, and it re-locks before the user is able to enter.”

Terry explains that The Department of Justice officially enforces the rules.

“In the beginning, they did some early enforcement. However, the current attitude (in the legal and disabled community) seems to be, ‘Hey, they won't do anything until we sue!’” South Florida has the greatest number of lawsuits right now, followed by Las Vegas, California, Texas and Washington, D.C.

“Many of our clients have said that it was a good investment, after all,” Terry says. He describes a department store in a shopping mall that installed an automatic door. “They monitored the changes in overall traffic flow, and found that more customers used their door to enter the mall. The customers stayed in the store, and spent more money. The additional residual sales ended up paying for the alterations in just six months.”

What is ADA compliant? “Whenever a manufacturer of an access control device, door locking hardware, or any other type of product states in their advertising that they are, ‘ADA compliant,’ they may or may not be,” says Erica C. Jones, director of the Pacific Disability and Business Technical Assistance Center, (DBTAC), Region 9, based in Berkeley, Calif.

“Access control devices, as well as any other type of building and security hardware, are not ADA compliant until they are properly installed.” Jones stresses that the only way to ensure that any access control mechanism is compliant is to refer to The Americans with Disabilities Act Accessibility Guidelines (ADAAG). Each mechanism, she says, would have to meet the guidelines depending on the device.

Michael Smith, president of Gunnebo Omega, a Concord, Calif., provider of turnstiles, explains that for access control devices, there is an inherent conflict with the goals of the ADA. “The purpose of our products is to create a bottleneck. The other purpose is to ensure that everybody in a building belongs there.”

Smith points out that when entry lanes are widened to accommodate wheelchairs, “it is easier for people to walk side-by-side, and possibly to fool the system, for it looks like one person.”

Louis Irvin, a representative with the Paralyzed Veterans Association of San Diego, also known as Cal-Diego, says “We mostly deal with wheelchair issues in our organization. The design of elevator access, and an available area of refuge, came to light because of the World Trade Center disaster. We really don't know how many professionals in wheelchairs were lost that day.”

While it is important to have an area that is at least 32 inches in width for one wheelchair to pass, it is also important to guard against the danger of protruding objects, which can come as a surprise to those who are walking with a cane or assistance animal. Automatic doors need to have timing that is not too slow and not too fast. In addition, card readers should be accessible by someone walking, using a walker or cane, or in a wheelchair. Frick has difficulty with card readers. “Aside from being in a wheelchair, I am also not able to extend my fingers. This makes it difficult to operate most of the card locks that are used in hotels. Within a certain period of time you have to turn the lever. For somebody with limited mobility, or the use of just one hand, it is very difficult to do. It is something that has been a real challenge for me when I travel.”

Beyond ADA

In her weekly column in the San Diego Union Tribune, “Abilities,” Marilyn Salisbury describes the emerging concept of Universal Design. “Accessible design creates products and buildings that are usable by people with disabilities, while universal design means that products and buildings are usable by everyone, including people with disabilities.”

“Architects, facility managers, and designers have historically tended to interpret minimum standards as maximums, particularly when solutions beyond the minimum might result in higher cost. Design standards like those adopted under the ADA are minimum standards,” says Colorado-based designer and author Cynthia Leibrock. “They are a good start toward safety and efficacy, but they still discriminate, separating occupants into special user groups.”

Skip Williams, western regional representative of Gunnebo Omega, says that they have developed a solution with the design and installation of their line of optical turnstiles. “In our installations, at least one of our lanes is ADA compliant. Therefore, because of their design, the user doesn't look like they are going through a special entrance.”

Accessible San Diego also works towards universal design solutions. “Last week,” explains Johnson, “we worked with a hotel where their ‘accessible’ door was around the corner, along the side of the hotel. By changing it to only one door, we made it the same for everybody. One entry door gave the hotel better security, as well as a better lobby environment.”

For the Record

ABOUT THE AUTHOR

Jo'el Roth is a San Diego-based writer and regular contributor to Access Control & Security Systems.

ABOUT THE COMPANY

For information, circle the Reader Service number (listed below) or visit securitysolutions.com

Gunnebo Omega

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