Company owners often give ADA toilet requirements low priority in their compliance efforts.  This is unfortunate because failure to comply with these regulations can expose businesses to both heavy fines and expensive lawsuits.  In this post, we’ll offer a high-level overview of what the ADA expects in terms of restroom accessibility.  We encourage you to contact an ADA compliance specialist with any questions or concerns.

Mirrors

The ADA mandates that mirrors should have a lower reflective edge no higher than 40” from the floor.  Companies are encouraged to have at least one full-length mirror in each restroom to ensure compliance with the spirit of the regulation.

Toilet Paper Holders

Holders should be mounted 36” or less from the rear wall of the enclosure and with their horizontal centerline at least 19” above the floor.  To ensure ADA compliance, we recommend that you not install folded-tissue dispensers.  We also recommend against using devices that limit the amount of toilet paper available to the user.

Tampon/Sanitary Napkin Dispensers

These should be easily operable with use of one hand.  Pull knobs should not require more than five lbs. of pressure to use.

Paper Towel Holders

To ensure access by persons in wheelchairs, these should be mounted between 15” and 48” above the floor.  In the case of combination paper towel/waste receptacle units, the paper towel dispenser should also be between 15” and 48” above the floor.  If the unit protrudes more than 4” from the wall, it should be placed inside a corner or alcove, or between protruding structural elements. 

Trash Cans/Waste Receptacles

The receptacle’s openings should be accessible from 15” to 48” from the floor, to allow easy use by persons in wheelchairs.  If the receptacle uses hinged panels, these should require no more than five lbs. of force to operate.  Units that project more than four inches from the wall should be placed in alcoves, corners, or in between other structural elements.  This is to protect visually impaired people from walking into them.  It also helps to guarantee that there is a minimum of 60” of turning space for wheelchairs.

Forced-Air Hand Dryers

According to ADA toilet requirements, these should require no more than five lbs. of force to operate.  They should also be operable with one hand.  They should be a contrasting color to the surrounding area, so that they’re easier for visually impaired people to perceive.  If there is only one dryer in a restroom, its start button should be between 38” and 40” above the floor.  If there are two or more dryers, then one should have a start button from 38” to 40” from the floor; the others should have start buttons located between 41” and 48” from the floor.  Multiple dryers should alternate between being accessible to left- and right-sided approaches by persons in wheelchairs.

Grab Bars

These should have between 1 ¼” and 1 ½” clearance from the wall they’re attached to.  The centerline should be placed between 33” and 36” from the floor.  The bars should be able to withstand at least 250 lbs. of force.  The bars should never rotate in their fittings.

Medicine Cabinets

The bottom edge of the reflective surface should be 40” or less from the floor.  They must have at least one shelf that is no more than 44” above the floor. 

Shower Stalls

We strongly recommend that only shower curtains be used as enclosures for stalls.  If other types of enclosures are used, these should fold back flat against the walls.  Enclosures should never interfere with shower controls.

As mentioned before, this is a high-level overview of ADA compliance requirements.  We encourage you to contact us, to find out how we can help to ensure your structure’s compliance with all aspects of the ADA.

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California ADA requirements can be confusing.  This is because California supplements the ADA with its own set of rules, as defined in the 2010 version of its state building code.  While this topic is impossible to cover in depth in this forum, we’ve prepared answers to many of the frequently asked questions about the subject.

Q: My building was completed before the ADA went into effect in 1992.  There are parts of it that do not comply with current standards.  Should I modify it to meet the strictures of the ADA and the California Building Code (CBC)?

A: Possibly, but a definitive answer to your question is impossible without an on-site inspection by someone thoroughly versed in California ADA requirements.  The areas of your building that are non-compliant may be eligible for a waiver if correcting them would present an undue burden on you.  Again, however, your situation requires an in-person visit to resolve.

Q: I want to remodel my building, but I’m concerned about ensuring its compliance with the law.  What do the ADA and CBC says about making remodeled buildings accessible?

A: If the project will add $130,000.00 or more to the building’s value, then you must fully comply with regulations regarding the building’s entryway, the travel path to the remodeled area, and any restrooms within the remodeled area.

If the added value is under $130,000.00, then you will need to invest 20% of the value’s amount in accessibility upgrades.  For example, assume that the remodeling project will add $50,000.00 in value to your property.  In that case, you must spend $10,000.00, or 20% of the added value, upgrading the property.

Q: How should I spend the 20% of the added value?

A: The upgrades should be performed in the following order of priority:

1. Making entrances accessible.
2. Making the route to the remodeled area accessible.
3. Making at least one restroom for each gender in the remodeled area accessible.
4. Supplying accessible telephones.
5. Supplying accessible drinking fountains.
6. Supplying accessible storage, parking, and alarms (if applicable to the location).

Q: What are the consequences for failing to comply with the ADA and CBC?

A: Failure to comply with the rules of both acts will expose your firm to the risk of catastrophically expensive litigation.  It will also put you in violation of California’s Unruh Civil Rights Act, which assigns a minimum penalty of $4,000.00 for each violation of the ADA and/or CBC.  We should mention at this point that many lawyers in California make a habit of bringing litigation against non-compliant businesses.  One attorney in Sacramento has done so over 1,000 times, achieving settlements in multiple thousands of dollars.

Q: My company received a notice from a lawyer’s office stating that we are not in compliance.  In the letter, the attorney demands several thousands dollars from my firm as a result.  Should I take this demand seriously?

A: Yes, you should take it seriously.  However, that doesn’t mean you ought to simply pay the money.  Along with the letter, you should have received a notice advising your business that it isn’t required to pay anything, unless and until it’s found liable by a court of law.  We advise you to consult an attorney familiar with ADA/CBC regulations to evaluate your options.

Q: How can I protect my company from ADA/CBC lawsuits?

A: your single best course of action is to have your property inspected by ADA consultants, like the experts at Burnham Nationwide.  We’ll be happy to discuss your situation with you and check your location over thoroughly.  We’ll advise you on what, if anything, you need to do to avoid legal and financial penalties relating to ADA/CBC non-compliance.  We invite you to contact us today to find out more.

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Meeting ADA signage requirements for public buildings is important for maintaining public safety, avoiding fines, and safeguarding oneself against lawsuits. In this article, we’ll look at the major requirement for ADA-compliant signage.

Signage Location

1. Permanent signs should be located at doorways, so that visually challenged persons can have a location cue. Normally, they should be located on the strike plate or on the nearest adjoining wall.
2. In the case of double doors, if only one doors opens, the sign should be on the inactive door. If both open, the sign should be mounted on the right side of the right-hand door. If there is no room for the sign there, then it can be mounted on the closest adjacent wall.
3. If a door swings outward, then the sign should be placed outside the door’s arc.
4. Door signs can be mounted at a height that allows the raised characters’ baselines to be between 48” and 60” from the floor.

Sign Symbols and Typography

1. Visual characters may not be oblique, italic, script, or ornate.
2. Both sign symbols and backgrounds must have non-glare finishes. Raised characters should contrast sharply with their backgrounds. This is to assist persons with low vision. The characters may either be dark on light or light on dark.
3. Pictograms should be within a 6” vertical void. No Braille dots or characters of any kind may be placed within this field.
4. Symbols should conform to those used internationally, without deviations such as “zooming” wheelchairs.

Tactile Signs

1. Fonts for tactile signs must be all upper case. They should be raised a minimum of 1/32”.
2. Spacing between characters must be at least 1/8”, with a maximum of 4 times the characters’ width of stroke.

Further Information

This article presents only some of the ADA signage requirements. Full details can be found here. Additionally, the specialists at Burnham Nationwide can help you ensure you are meeting all regulations. Contact us today!

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ADA bathroom requirements often receive less attention than other aspects of the ADA. This is unfortunate, because over 100,000 accidents occur every year in public restrooms. In a large percentage of these accidents, the victims are physically challenged persons. Most of these incidents can be prevented by compliance with ADA standards. The following is a high-level survey of those standards, to give readers a general idea of their requirements. A more comprehensive treatment of the subject can be found at www.adabathroom.com.

Shower Seats

Shower stalls must have L-shaped folding shower seats. They should be mounted across from the shower controls and have a seat 17” to 19” above the stall floor. Additionally, shower seats should be able to hold a minimum of 250 lbs.

Mirrors

A public restroom’s mirror should be mounted so that its bottom edge is not more than 40” above the floor. The ADA recommends that public restrooms be equipped with at least one floor-length mirror per facility, but this is not part of ADA bathroom requirements.

Toilet Paper Holders

Toilet tissue rolls should be mounted so that their forward edge is, at most, 36” from the back wall, with a horizontal centerline at a minimum of 19” from the floor.

Tampon/Sanitary Napkin Dispensers

Knobs and buttons must be operable with one hand, with no need to pinch, twist the wrist, or grasp the unit tightly. Operating pull knobs must not require more than 5 lbs. of force.

Soap Dispensers

Dispenser buttons and pistons must be operable with one hand, and not require pinching, twisting of the wrist, or grasping the unit tightly. Soap valves must not require more than 5 lbs. of force to activate. Units mounted on walls above countertops or lavatories should have push buttons that are no more than 44” above the floor.

Towel Dispensers

The access point for paper towels should be between 15” to 48” above the floor. This allows persons in wheelchairs to access them more easily.

Trash Cans/Waste Receptacles

Receptacle openings should be located between 15” and 48” from the floor, to allow access by persons in wheelchairs. If a receptacle has a hinged panel, opening it should not require more than 5 lbs. of force. Units that project more than 4” from the wall should be restricted to areas such as corners and alcoves, so as not to restrict access aisles or pose hazards to seeing impaired persons.

Shower Curtains

Shower curtain enclosures are easier for persons in wheelchairs to use than other types of shower enclosures, such as sliding or hinged doors. Their use is therefore encouraged.

Grab Bars

All grab bars should be between 1.25” and 1.5” in diameter, with a 1.5” clearance from the wall. Grab bars must be stationary in their fittings, with no looseness or tendency to revolve. The distance from the center of the bar to the floor should be between 33” and 36”. At a minimum, grab bars should be able to support 250 lbs. of force.

Medicine Cabinets

The bottom edge of the reflective surface should be no more than 40” above the floor. Additionally, at least one of the interior shelves should be no higher than 44” above the floor.

ADA Signage Requirements

Braille characters should be translated into Grade 2 Braille characters. These markings should be directly underneath the letters or numbers they are translating. The universal symbol of accessibility should be rendered in white, with a background shaded in a contrasting color. Letters should have a minimum height of 3” with a non-glare finish. The text should be raised no less than 1/32” from the surrounding surface. Signage should be mounted on the door’s latch side, at a height not to exceed 60” from the floor.

Confused about the ADA?  Burnham Nationwide can help

Our experts are thoroughly versed in all aspects of ADA bathroom requirements and general ADA compliance. Contact us today for more information.

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Q: ADA compliance requirements apply to “public accommodations.” What does the term mean?

A: “Public accommodations” refers to places that are meant to be accessed by the general public. Examples include hotels, restaurants, parks, museums, libraries, schools (both public and private), day care facilities, medical clinics, and retail stores.

Q: Are there any public entities that are exempt from the ADA’s accessibility requirements?

A: Yes. Examples include religious facilities and private clubs.

Q: Are there limits on how much the ADA can expect of a public accommodation?

Y: Yes. The act cannot be used to force modifications that would “fundamentally alter” the nature of the service the accommodation provides. For example, the ADA cannot require a doctor who only treats burn victims to treat a person for deafness, instead of referring that individual to an appropriate specialist. This would force the physician to change his own area of specialization in order to accommodate the deaf person.

Q: Does the ADA require auxiliary communication aids for those with visual or auditory impairments?

A: To an extent, yes. Aids such as note takers or written notes might be required in an educational setting, for example. However, the act does not require public accommodations to provide auxiliary aids that would impose undue burdens on them. For example, a restaurant could not be forced to hire employees to feed persons who cannot hold utensils. These provisions are subject to interpretation on a case-by-case basis.

Q: Are there limitations on the act’s requirement to remove physical barriers to access?

A: Yes. Such removal is only required when doing so is “readily achievable.” Removing it must not necessarily entail excessive or burdensome difficulty or expense. For example, a hiking trail may be inaccessible to wheelchair-bound persons. However, altering it to give them access would be unreasonably burdensome on park officials

Q: I still have questions about the ADA. Can Burnham Nationwide help me?

A: Certainly. We are highly knowledgeable in all aspects of ADA compliance requirements. Contact us today for more information.

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ADA consultants specialize in advising both businesses and public entities on how to comply with the Americans With Disabilities Act. Passed in 1990, the law requires all public accommodations to be accessible to persons with physical challenges. Failing to comply with these regulations can cause a host of problems for property owners and managers, including fines, lawsuits, and negative publicity.

As with all professions, however, ADA consulting services vary in terms of the scope and quality of services offered. To ensure that the one you choose is worth the fees it charges, here are some things to keep in mind.

1. There is no formal certification process for ADA consultants.  This is important to keep in mind, as some agencies claim that they are “federally certified” to advise on ADA-related matters. Avoid any consultants who make such statements.
2. Guarantee of compliance is granted only by federal agencies and/or the court system, not by any private agency. Beware any services that claim to offer an “ADA compliance certificate” based on their own authority.
3. The federal government wants businesses to be in compliance with the ADA. To that end, it offers its own training on how to comply with the provisions of the act. Any consulting agency worth dealing with will have attended such sessions. Be wary of any company that is hesitant to tell you how much training its representatives have and from where they obtained it. One-day seminars and “degree by mail” courses are not sufficient preparation for a career in ADA consulting.
4. The same rules that set other good businesses apart from unethical ones apply equally to ADA consulting firms. With that in mind, be sure to ask the following questions of any prospective advisor:

1)    How long have you been in business?

2)    How many clients have you advised on ADA matters?

3)    May I have the contact information of past clients?

4)    Have any of your past clients ever been sued or fined for lack of compliance with the ADA?

We provide the above information because we’re convinced that, once you get to know us here at Burnham Nationwide, you’ll see that we not only meet but also far exceed the minimal standards for any legitimate ADA consulting service. We invite you to find out for yourself by contacting us today.

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There has been a great deal of confusion over ADA compliance requirements since the Americans With Disabilities Act was first passed in 1990. Having a basic understanding of its requirements is a good starting point for dealing with many misperceptions surrounding its intent and effect on American businesses.

Purpose of the ADA

The act is meant to enhance the lives of those with disabilities, by removing barriers that hinder or prevent them from engaging in everyday activities such as shopping, dining, or attending movies or other public performances. Statutes that addressed these problems were in existence prior to its passages, but they were created and administered in a haphazard fashion. The ADA strives to create a set of uniform standards that facility owners and managers can understand and comply with.

Areas Covered by the ADA

1. Currently existing facilities are required to remove existing barriers to access that may affect users of such devices as wheelchairs, electric scooters, walkers, crutches, or canes. These modifications are limited to what is “readily achievable,” which is a caveat in the act intended to avoid imposing onerous burdens on businesses.
2. Not only does the ADA mandate the removal of such barriers, it also encourages businesses to install mobility aids such as ramps, over sized shopping aisles, and tables large enough for persons in wheelchairs to access. Other commonly expected modifications include door handles easily used by those with strength limitations and, for restaurants, seating that doesn’t hinder a handicapped person’s ability to eat in the establishment.
3. Parking lot design is emphasized heavily in the ADA compliance requirements.

1)    At least one handicapped spot for every 25 spaces.

2)    Such spots should be close to the facility and on level ground.

3)    At least one of the spots must be set aside for vans equipped for disabled persons.

The ADA in the Real World

While the intentions of the ADA are admirable, many of the ways it has been used (or abused) have caused significant problems for unwary business owners, who have been the targets of aggressive attorneys or overly zealous government agents. The assistance of a qualified ADA consulting firm such as Burnham Nationwide can be invaluable in avoiding such incidents. Contact us today to find out how we can assist you with any compliance concerns you might have.

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ADA consultants perform an ever more valuable service in these increasingly litigious times. This is especially true with commercial construction and remodeling ventures. Over time, the process of interpreting and enforcing the ADA has evolved into a maze of arcane, unwieldy bureaucracies, each with its own procedures and policies. Navigating through those channels to ensure compliance is what Burnham Nationwide excels at. Some of the services we provide are:

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When thinking of the Americans with Disabilities Act, passed in 1990 to ensure accessibility of buildings to the physically challenged, the mind often invokes images of public buildings, city structures, restaurants, stores and the like. Often forgotten when thinking of ADA building guidelines are storage facilities.

It’s easy to understand why such spaces are often forgotten. The original Americans with Disabilities Act Accessibility Guidelines (ADAAG) passage of the law inadvertently omitted such facilities to fall under its purview, and the topic was inadvertently not addressed. As a result of this accidental neglect, the ADAAG Review Advisory Committee issued a recommendation to insert provisions into the law to cover self-storage facilities.

Consequently, storage facilities must have a set number of spaces that are accessible to their physically challenged customers. To that end, regulators set a percentage of such facilities to ensure accessibility. Generally speaking, 5 percent of the total area of a storage facility with up to 200 storage units must adhere to ADA accessibility standards. A full 10 percent of total space must be ADA-compliant for facilities having 201 storage units. A facility with less than 1 percent of such accessibility guidelines is thus deemed noncompliant.

The office portions of storage facilities are clearly explained in the original legislation, with guidelines set forth for such elements as ramps and door size. However, complying with ADA building guidelines as they relate to individual storage units can be a bit more confusing because some of the safeguards set forth by ADA for general construction are often at odds with the layout of a typical storage facility. Take slopes, for example. In typical construction, self-storage facilities must allow for a slope to be built into the grading that allows for water run-off away from the building. However, by one interpretation, ADAGG guidelines bar such slopes within five feet of each unit. Naturally, this creates special challenges in terms of the design of self-storage facilities.

To ensure compliance, some facility operators go through considerable expense, such as outfitting some units with electrical door openers in lieu of roll-up doors requiring manual operation.

Given the inherent confusion in the ADA verbiage, it is critical for storage facility operators to ensure they are in compliance with the law. The urgency is heightened in light of steep fines associated with non-compliance. Civil penalties for noncompliance begin at $50,000 for the first infraction and could top $100,000 for subsequent violations. Then, of course, there are attorney’s fees to consider.

In July of 2010, addressing the original neglect of storage facilities, the U.S. Department of Justice issued revamped regulations for commercial buildings built or substantively altered before January 1991. The new regulations—this time also addressing self-storage facility compliance—went into effect in January of 2012.

The new regulations cover areas once at odds with mainstream construction, such as entry lips, required at commercial buildings but at odds with self-storage design. The updates detail the need for entry lips not to pose as a hindrance to a person in a wheelchair that might impede that person from entering a storage unit. Rental offices, bathrooms, and parking areas are also now more expansively covered with revamped guidelines to clear up lingering confusion on what constitutes accessibility.

Those confused about such ADA requirements are urged to contact regulatory agencies to clear up any issues. The U.S. Department of Justice has set up an office specifically dealing with ADA issues housed in its Civil Rights Division. The telephone number for the agency is (202) 514-0301. The snail mail address: P.O. Box 66118, Washington, D.C. 20035-6118. Another source of information is the Architectural and Transportation Barriers Compliance Board, reachable at (800) 872-2253. The physical address is 1111 18^th Street NW, No. 501, Washington, D.C., 20036.

However, if all of this seems a bit overwhelming and confusing, why not contact Burnham Nationwide? Our experienced staff can help you navigate the laws and codes and find out just which ones are pertinent to your project and how to go about following them.

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In designing a structure to meet the highest ADA building requirements for compliance with the Americans with Disabilities Act, the overall result can truly be said to be the sum of its parts.

Strict adherence to the smallest of details needed to meet regulatory standards reflects the workmanship in complying with the highest rigors to design an ADA-adherent edifice. Take handrails, for example—literally, if you like, take a tape measure to these elements to begin to understand the strict nature of ADA adherence!

Generally speaking, ADA guidelines call for handrails to be installed between 34 inches and 38 inches from the surface—that is to say, the ground, ramp or sidewalk. Many regulators recommend splitting the difference in case of any confusion, suggesting installation at the 36-inch mark.

Ah, but then it gets trickier when allowing for handrail surroundings. ADA guidelines place peripheral posts—vertical or horizontal—at no greater a height than of 8 feet. It is recommended that posts be placed every six feet from center to center to ensure compliance.

Handrails or grab bars, along with any adjacent wall or surface, must be free of anything sharp or abrasive. ADA building requirements also call for 3/16” holes to be drilled onto handrails in mounting them to their brackets. Affixing handrails and grab bars to their respective brackets disallows rotation.

To the untrained eye, adherence to such minor details into overall construction can easily be missed. Even without such mandates, Burnham Nationwide has built its reputation on paying attention to details large and small in designing projects to the highest of specifications. Think of Burnham as you plan your next design project. For further insight, it might be helpful to contact a Burnham specialist to see what they have to offer and how they can help you understand the ADA building requirements pertinent to your job site.

Adherence to ADA standards is crucial, heightening the importance of having a designing partner of the highest caliber. Since its inception, Burnham has built its reputation on adhering to the highest workmanship standards.

Beyond merely following the law, ADA compliance also is critical to a company’s bottom line. Since ADA passage in 1980, a cottage industry of sorts has emerged centered on lawsuits filed for noncompliance. Much of this litigation revolves not around the ubiquitous ramps, but the less visible handrails that are central to ADA compliance. Retailers and restaurateurs have been especially hit with mounting litigation over inadequate handrails, as attorneys aggressively secure clients looking to file lawsuits in search of financial recovery. Sometimes, the pickings are easy. In one notable case in California, one plaintiff went down a stretch of highway to find noncompliance, filing 20- lawsuits in one 24-hour period as a result!

ADA noncompliance can result in thousands of dollars worth of fines. In terms of litigation, expenses could easily be exponentially greater. In another example, one plaintiff in Fort Pierce, Fla., was awarded $1 million in damages in 2010 after suing her apartment complex over a faulty handrail.

For the sake of your business, it is important to ally yourself with a reputable consultant. With more than 50,000 building permits under its belt since its 1989 founding, Burnham Nationwide has ample experience with ADA compliance. Our very name alludes to a commitment to quality projects, honoring famed Chicago architect and urban planner Daniel Hudson Burnham who imbued greatness to every endeavor—big or small. So think about Burnham Nationwide as you contemplate your next project, and don’t forget to “like” us on Facebook!

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