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On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law by then President George. H. W. Bush. It was a momentous occasion and it would change the lives of millions of people, mostly for the better. So here we are 20 years later, well into living and working with the rules and regulations associated with the ADA, but how are we as architects doing implementing these rules? As architects we are probably doing okay because you can’t work on a project without implementing the requirements of the ADA. For example, this act was signed into law before I even graduated from college so it has existed all of my professional life. That having been said, how are our clients doing with it and are we helping them?
On occasion, when I tell people that some portion of their project doesn’t currently meet code or when I try and explain why the bathrooms are as large as I have shown them, I get puzzled, sometimes irritated responses:
Client: “I was in a restaurant the other day and their toilet room wasn’t anywhere near this big.”Me: “Well that doesn’t make it right, besides, it is possible that their toilet rooms were permitted before ADA was a requirement.”
Client: “And why is that space behind the cashier so large – make it smaller..”
Me: “I can’t, that is another ADA requirement. Someone who works back there might be in a wheelchair and they need to be able to turn around and maneuver properly.”
Client: “It’s too big, I just won’t hire someone in a wheelchair.”
Me: “It’s not called the Americans in Wheelchairs Act, there are other disabilities. You do realize that you are now practicing a type of discrimination and trying to break a federal law?”
Client: “No one else seems to have to do it…now whose being discriminated against?”
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I am embarrassed to have to say that I have had this exact conversation or some form just like it several times and I am always shocked that people don’t even realize that they are practicing discrimination. I like to think I have smart clients but I have had a few tell me (after I pointed out what they were asking for) tell me that they don’t discriminate, that they like people from all races and backgrounds.
Errr…that would be racism and something entirely different. Holy gorilla’s armpit – you have got to be kidding me………
I have to be honest with you, I mostly do residential work and my knowledge of the intricacies of the rules and regulations associated with the ADA are good enough to know what I don’t know. I can handle looking things up in the rule book and coming to my own conclusions but what it really comes down to is having a Registered Accessibility Specialist, or RAS, who is there to help guide you. When I start a project, and I try to sit down with all the people who will be working with me and I have a conversation about how we are all on the same team and that we all have the same goals. The very nature of how most professional services contracts are set up, adversarial relationships between architect and contractor are established from the very beginning. Another relationship that can be a bit…well, maybe not adversarial but difficult at times is between the architect and their RAS. The problem as I see it, is that most Registered Accessibility Specialists tend to be rule followers of the highest order. At times, this hardcore “rule following” mentality can serve the architect well when trying to navigate the labyrinth that is the ADA rulebook. Unfortunately, I am not interested in just rule followers. I want my RAS to interpret how the rules might be interpreted to apply specifically to my project. And that’s where my particular RAS consultant specialist comes in.
The type of RAS consultant I like to work with typically has an architectural background. Having a RAS who thinks like an architect while interpreting the rules and regulations associated with ADA, brings me that much closer to achieving a successful project while getting everyone working on the project on the same side and with the same ultimate goal. I don’t think that some people think about the type of role that a RAS can perform – if you get the right one. It is my intention to go beyond just “doing the right thing”, disabled persons should have their actions and challenges taken into consideration. Trying to be a rule breaker, or even a rule bender, holds no allure for me as a architect and designer. But just as I have to interpret the projects programs, I want a RAS consultant who will help me work within the guidelines established and to achieve all our common goals – a happy client. Incorporating ADA requirements into your projects is an indication on how far we as a society have come, how inclusive we can be. It should be more about what we can do, not what we have to do.
Can someone help me off my soapbox please?
Anyone?
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The other issue that meets architects is explaining the difference between code and ADA. The reality is you have to meet the most stringent requirement to truly protect the owner. I happen to work in education so although the rules/reviews are tighter it doesn’t take near as much work with the owner. Another issue is dealing with intent of the ADA. Although a project may meet the letter of the law it still might not be accessible. My biggest goal when working on a project is to make the accessible design blend into the background or better yet be a feature of the overall design.
I hope your sopabox has a properly sloped accesible ramp…
It’s a residential soapbox so it isn’t subject to the same standards as commercial soapboxes…
In my experience as a Registered Accessibility Specialist, it’s usually not about interpreting the Standards, it’s about bending the rules….and that’s from the Architects. Sometimes they can be as difficult as the owner.
For the most part, the Standards are black and white. The problem arises when you have a RAS that doesn’t understand the rules and refuses to investigate beyond their own knowledge.
Really insightful comment Jeromy. You articulated very succinctly what I failed to say. Complete knowledge of the rules is the greatest way to effectively incorporate them.
Genius.
In my experience as a Registered Accessibility Specialist, it’s usually not about interpreting the Standards, it’s about bending the rules….and that’s from the Architects. Sometimes they can be as difficult as the owner.
For the most part, the Standards are black and white. The problem arises when you have a RAS that doesn’t understand the rules and refuses to investigate beyond their own knowledge.
In my experience; ADA is one area that stirs up a lot of client side comment. Pre-recession, the majority of my clients were sane and had no further issue after being reminded of the legal and ethical reasoning behind ADA. But lately, this is when their crazy reaches a tipping point. I know crazy clients are bad clients but in Florida’s economy you take anything you can get or close up shop.
The only project I’ve ever walked away from was very recent and reached the ‘last straw’ moment over ADA issues. There’s only so many times I can hear; “take out that low counter or I’m not paying” or “I play golf with the mayor, we’ll see what he thinks about the ramps” or “we’ll see what my lawyer says about those hi-low fountains”, before realizing I’d rather not work than work for them.
YIKES!
I should consider myself lucky that I have never had to deal with anything close to that. I have clients who are interested in bending the rules but none that are willing to openly break them.
Always good to hear thoughtful commentary from you Bob, and I think you may have been holding a cocktail by the end of the post….
You’re not the only one on a soap box, Mr. Borson, and maybe mine is just an old filler strip I have lying around, but thanks for saying it and encouraging the shift in perspective.
You should talk to Marcy! She is a specialiste!
I talk to Marcy all the time – I wrote this piece for her (she is my RAS consultant) 🙂
I like your discussion of the the differences between rule-breaking, rule-bending and rule interpretation. A moral lesson in here for everyone.
A moral lesson from me? Must have been on accident because I am a crazy rebel!!