There are numerous areas of relevance for the ADA; however, for purposes of this discussion, only Title III of the ADA is discussed herein.  Title III pertains to places of “public accommodation,” essentially, commercial establishments such as office buildings, grocery stores, mini-marts, basically all retail centers.  Similar provisions for multi-family residences such as condominiums and apartment buildings are also mandated by the Fair Housing Act (as amended in 1988) which requires all residential buildings of four or more units under one roof, built for first occupancy after March 13, 1991, to comply with design parameters similar to those of the ADA.  To complicate matters further, even portions of condominium developements and apartment complexes may also be under the dictate of the ADA if those areas are used for commercial use, such as rented gathering spaces used for meetings, parties, etc.

“Reasonable accommodation” is a term used both in the ADA and FHA.  It refers to the requirement that reasonable standards or accommodations are to be put in place for applicable buildings or facilities.  In the case of the FHA, the number of units and the date of “first occupancy” apply; however, except for specific variations such as historical significance and structural limitations, the ADA has no “grandfather clause” as many in the past, have incorrectly assumed.  Without question, paragraph 36.304 within Title III of the ADA requires that, “A public accommodation shall remove architectural barriers in existing facilities.”  Within the ADA, various improvements are even suggested assuming the barriers are, “able to be carried out without much difficulty or expense.”

It is clear then, that the various design mandates for ramps, signage, location of obstructions (e.g., overhanging signs, lights, etc.) become not only design standards to protect the disabled of our society (the preferred term is “disabled,” not “handicapped”), but are also required extensions of local building codes.  Imagine a building permit issued by a local entity which fails to consider the ADA (or similar Acts).  My experience has been that a deficient local building code or plan review will not fare well against a substantiated allegation of ADA non-compliance.  The best and safest scenario then becomes one in which the entire project (site and building) is designed, constructed, and maintained with the relevant and Federally mandated standards having been considered.

Consider as examples, a movie theater which requires steps in order to access the only available seating area, or a restaurant which allows only counter access, “handicap parking” spaces located far from a building’s main entrance, or even a raised karaoke stage accessible to all but wheelchair-bound performers.  All these examples are likely violations of Title III of the ADA and may cost property owners in the loss of customer revenue and/or the defense of lawsuits.  In many cases, these deficiencies also become safety hazards for all persons.  Consider concrete wheelstops or parking bumpers placed within a parking lot along a normally accessible route, or incorrectly designed and constructed speed bumps installed without consideration of sight or mobility-impaired persons.  Many of these conditions are not only potentially hazardous elements for disabled persons but also become tripping or other hazardous issues for others.

Site and building safety can then be improved simply by applying reasonable principles which shoud be common to all.  A critical evaluation of buildings and facilities may not only provide a safe environment but could also secure the desired ulitimate “customer friendly” experience.

Typically, I find that handrails are missing or improperly installed, or the stairway or ramp was improperly designed, constructed, and/or maintained.  Slippery surfaces also contribute to pedestrian falls especially when the edge of a step includes a metal border.

Stairways are generally considered to be constructed of two or more risers.  To clarify, a step consists of a “riser” (the vertical edge of the step) and the tread depth or “run” of a step.  Normally a stairway is defined as having two or more risers; however, the newer building codes (since 2000) have included a single-step riser as within the definition of a stairway.

Steps are typically required to be 4 - 7 1/2″ in height (depending on the building codes and at least 10″ in depth.  The variance in height and tread depth is also a critical element of stairways in most building codes.  Finally, most stairways are required to have at least one handrail.  A single handrail, or handrails on each side, or no handrails for that matter, is a function of the intended use of the stairway.  For example, many short height, private stairways are not required to have handrails.  It’s best to review the local building codes for clarification.  (Don’t forget to use the correct edition since building codes are revised ever so often.)

Single-step risers are simply a vertical change from a lower level to a higher level (and conversely higher to lower), the result of a single step up (or down).  The problem with single-step risers is that they are smaller elements than multiple step staiways and are often not seen because of their relatively short duration, the lack of magnitude in height transition, or the lack of contrast from one level to another.  Also, single-step risers often are not required to have handrails as do stairways and ramps.  Handrails provide an added visual element to a change in level and serve to warn pedestrians of a transition in the walkway.

Single-step risers are now included within the definition of stairway.

Ramps are used more and more, likely the result of the 1990 passage of the Americans with Disabilities Act (ADA).  This federally mandated Act essentially extended civil rights protection to disabled persons.  Ramps then are required (by the Federally mandated ADA and most building codes) as a means of changing from one level to a higher (or lower) level without the use of stairways.  Of course, this has limitations (height, width, purpose, etc.); however, the general idea is to provide a safe means of travel for all pedestrians regardless of mobility status.

Ramps are required by the ADA and most local builiding codes to have a slope no steeper that 1 : 12 (read, “one to twelve”).  This simple means that for every unit in height (say, each inch), the slope must extend at least 12 siimilar units horizontally.  (A 10″ high change in level would require a ramp at least 10′ in length-10″ X 12 = 120″ or 10′.)

Ramps are generally required to have handrails on at least one side (most often on both sides) and dependant on the exit requirements, a center handrail may also be required.  Handrails are useless unless they are installed at the proper height (often at 30″ - 34″) and of the configuration usable by a “grasping hand” (normally this is understood to be about 1 1/2″ in diameter or similar shape).

Safety is everone’s concern.  No one likes to be injured as a result of a fall, and no one appreciates being held responsible for someone’s injuries.  My best advice is to inquire of a qualified expert engineer or architect if there is any question regarding walkway safety .

Local building codes mandate minimum standards of design in order to assure minimum levels of safety. For stairways and ramps, these standards are often assumed by a property owner to have been properly considered by the appropriate contractor during installation; however, rarely have I found correctly constructed or maintained stairways and ramps. If a building code requirement for a stairway or ramp is violated, an issue can often be made by an injured party (or their attorney) that the violative condition likely caused the accident being investigated. Attorneys like to refer to this as negligence per se.

Architectural and engineering plans for buildings most often refer to the appropriate building code in the plan’s General Notes as a way to circumvent having to draw numerous standard construction details. In the case of stairways, the steps are normally required to be constructed of a number of steps each of which must meet the critical dimensional requirements of the relevant building code. Likewise, ramps are required by most building codes to typically not exceed a 1 : 12 slope (read, “one to twelve”). Except for a few exceptions, handrails of specific height, length, and shape are required for both stairways and ramps,

I’m often surprised at the general lack of interest and knowledge of required standards by commercial property owners, maintenance personnel, and risk managers when it comes to assuring proper safety for their patrons especially along stairways and ramps. I may expect a property owner to lack the knowledge (but not the responsibility) to determine what is safe and what is not, but it seems that maintenance personnel who are the “rubber meets the road” people, should know these most essential and elementary safety requirements. What surprises me even more is, what my experience has shown to be, the ignorance of the vast majority of professional risk managers when it comes to knowing even the most minimal requirements for pedestrian safety!

Safety is not difficult to provide. It’s often very inexpensive especially if provided early, during the design and construction processes. The most critical issue is knowledge!

I’ve testified in many cases throughout the years.  My expertise has included vehicle accident reconstruction, slip-trip and fall analysis, building code compliance issues, construction defects, and roadway and traffic design.  Don’t forget, my professional experience also includes expertise in building, site, and “accessibility” design.

I hope you’ll contact me to discuss your particular areas of interest.