Evan Terry Associates Barrier Management Systems

Barrier Management Systems

Evan Terry Associates, LLC concentrates a significant portion of its resources to the study and application of the facilities and program access requirements of the Americans with Disabilities Act. We are pleased to pass along the following Barrier Management Systems to you.

Features of the Standard Barrier Survey / Barrier Management System

(for Public Entities Covered Under Title II of the ADA)

Click here to view/download pdf version (24 KB)

The Standard ADA Barrier Survey Approach

The Evan Terry Associates (ETA) Standard Barrier Survey has been designed to provide all of the facility-related information needed to comply with the ADA requirements in a manageable database. This survey process, developed and implemented under the field direction of ETA staff by trained surveyors, offers cost-effective suggestions for the removal of existing barriers and advice on when such removal is not required for program access or perhaps is technically infeasible.

When surveyors do not fully understand the ADA's requirements, they typically make two very expensive kinds of errors. First, they miss important barriers that may become risk-management headaches in the future (such as floor-surface barriers to people with mobility impairments and protruding objects that are safety hazards to visually impaired individuals). Second, they make overly conservative assumptions about what is required by the ADA that usually result in expensive corrections to nonproblems.

Since the original survey is performed and reviewed by ADA specialists using a carefully designed and field-tested process, erroneous assumptions about what the ADA actually requires will be minimal or nonexistent. The possible solutions are chosen from among thousands of ETA’s standard solutions or developed in the field by ADA specialists who have architectural experience. That minimizes the chances that the report will include technically infeasible suggestions such as widening doors next to plumbing chases, moving structural walls to achieve “required” clearances at doors or fixtures, and similar suggestions commonly made by report writers sitting at a desk without full view of the site conditions. This quality of report will really be appreciated when your program-access barrier-removal work actually begins, particularly by those who must implement the work in the field.

Collecting the Data

Working with hard copy forms or a Tablet PC in the field, a trained surveyor identifies the barriers that limit program access. The surveyor then selects a standard solution or creates a new one that would meet the full requirements for physical barrier removal. When an alternative method or administrative solution is obvious to the surveyor, it is added to the database along with its probable cost. This gives you a cheaper solution that can be used until money is available for an alteration or full physical fix. The surveyor then verifies or calculates the probable cost of removal, and categorizes each barrier according to severity, how the element or area of the facility is used, and how it would be prioritized according to the simplified priorities in the regulations at Section 36.304. Photographs and surveyor’s notes complete the analysis and documentation. When possible, the barriers are all located on a floor or site plan to make sure the contractor who does the work can efficiently locate the problem in the field.

The ADA Barrier Management System

The ADA Barrier Management System’s reports facilitate your management of identified barriers, assist in setting priorities, allow tracking of barrier removal (to document that you are acting in good faith), automatically plan capital expenditures for barrier removal, and assist in making facility changes required by Title I in accommodating future employees.

Since the eventual costs of ADA compliance are typically measured in dollars per square foot, for large facilities one primary concern for a barrier management system is how to efficiently and effectively manage that expenditure. A well-designed barrier management system will simplify the removal of those readily achievable (for private entities in the facilities) and program access-blocking barriers (without going overboard) but will still remind the users and their architects of specific responsibilities during alterations projects.

This database can save compliance money in a number of other ways, too. The SBS produces a list of possible solutions that are sort-capable in the ADA Barrier Management System database. This means, for example, that you can prepare a date-sorted list of door-knob replacements to allow you to bargain for a better price on hardware based on the total number of units you will be purchasing over, say, the next five years. It allows you to allocate responsibilities according to your staff's capabilities, or even to justify keeping or hiring new full- or part-time staff just to tackle specific tasks like adjusting door closers and replacing hardware.

The database may be used to manage all of your ADA facility responsibilities, including barrier removal during future alteration projects. Various reports have been designed to meet the specific data needs of various individuals who will need access to barrier management information without including all of the information needed to manage the entire process. For example, in discussions with future architects who will be planning alterations and additions to the facilities, a standard “Barriers” report can be easily prepared for them listing both the existing barriers in the areas to be altered and those remaining barriers which must be removed along the path of travel. The report lists applicable section and figure numbers from the relevant standards for each barrier, indicates measured existing conditions, and gives possible solutions by ADA specialists to minimize planning errors. This report, however, does not include your funding source for the barrier removal or information about related work or barriers in nonpertinent areas.

Some barriers may be removed by your users (such as moving furniture or planters); others will require your maintenance staff or a general contractor. The database allows your facility manager to make overall and/or specific judgement calls about how to allocate those responsibilities. The database can then produce prioritized task lists for each responsible party following your capital budget. Another data field that is included in the database is the funding source. It may be used to plan which funds will be used for the removal of each barrier or each type of barrier. For example, certain barriers will probably be budgeted for removal under an ADA barrier removal fund. Others will be removed during future alterations as part of those alterations funds. Still others may be eligible for outside funding. In nonprofit organizations, it may even be desirable to solicit donations for the removal of certain high-profile barriers. Use of this field in the database will simplify the capital planning process by using the automated sorting and mathematical capabilities of the database.

The system is designed to automatically set generic priorities based upon surveyed characteristics of each barrier and your particular concerns. It then allows you to modify those priorities based on specific circumstances or reset them in the future whenever needed. Task priorities are easily reset based on your current needs, and capital budget reports are automatically updated. When a request is made for the removal of a specific barrier, the entire system can be updated to reflect that request with truly minimal effort, whether the request comes a week after the reports are finished or five years later. Revised reports may be printed at any time.

ADA Barrier Management System Internet Access

One very powerful option ETA offers with the ADA Barrier Management System is the ability to view the database over the Internet. This database has a high level of security with password protection at the user and manager levels. It offers quick access to the barrier data as well as to the photographs and plans indicating the location of the barriers. Other information includes a summary of the survey process and how to read and interpret the data. With this system users can set schedules for barrier removal and assign responsibility for the completion of each task to a particular individual or group. Once the removal is completed, users can update the information to reflect the actual cost and time spent to remove each barrier and add “after” photographs showing the completed barrier removal. Users can easily update the database either over the Internet or by downloading data into Microsoft Access or Excel, or other software packages. The data is presented in a series of highly intuitive screens that even a database novice can easily understand and use. The database also allows the user to select from a series of standard reports and to filter the data to include or omit particular types of information. Barrier information is available in seconds and individually tailored output, from work orders to coordination reports, is as close as your local printer.

Summary

ETA’s ADA Barrier Management System takes the large volume of detailed barrier information generated by ADA specialists in the field and manages it to allow you to actually use that data in all the ways the law requires. It is flexible enough to adopt your barrier-removal priorities and to accommodate the way you operate your capital planning and facilities management. The system is the result of years of development by ETA and is currently in use by both public and private entities. It is flexible, efficient, and proven in use at facilities all over the United States.

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Features of the Standard Barrier Survey / Barrier Management System

(for Private Entities Covered Under Title III of the ADA and State Standards)

Click here to view/download the pdf version (27 KB)

The Standard ADA Barrier Survey Approach

The Evan Terry Associates (ETA) Standard Barrier Survey System has been designed to provide all of the facility-related information needed to comply with the ADA and State facility requirements in a manageable database. This survey process, developed and implemented under the field direction of ETA staff by trained surveyors, offers cost-effective suggestions for the removal of existing ADA barriers and advice on when such removal is not required for program access (under the Rehabilitation Act) or perhaps is technically infeasible.

When surveyors do not fully understand the ADA's requirements, they typically make two very expensive kinds of errors. First, they miss important barriers that may become risk-management headaches in the future (such as floor-surface barriers to people with mobility impairments and protruding objects that are safety hazards to visually impaired individuals). Second, they make overly conservative assumptions about what is required by the ADA that usually result in expensive corrections to non-problems. This problem has just been compounded by the release of the New 2010 ADA Standards and regulations which incorporate a “Safe Harbor” provision and additional exceptions under the “Maintenance of Accessible Features” section.

Since the original survey is performed and reviewed by ADA specialists using a carefully designed and evolved process, erroneous assumptions about what the ADA actually requires will be minimal or nonexistent. The possible solutions are chosen from among over twenty thousand of ETA’s standard solutions or developed in the field by our ADA specialists who have architectural access experience. That minimizes the chances that the report will include technically infeasible suggestions such as widening doors next to plumbing chases, moving structural walls to achieve “required” clearances at doors or fixtures, and similar suggestions commonly made by report writers sitting at a desk without full view of the site conditions. This quality of report will really be appreciated when your program-access barrier-removal work actually begins, particularly by those who must implement the work in the field.

Collecting the Data

Working with a PC in the field, our trained surveyor identifies the barriers for all non-compliant conditions that fall within the carefully-defined scope of our work. The surveyor then selects a standard solution or creates a new one that would meet the full requirements for physical barrier removal. When an alternative method or administrative solution is obvious to the surveyor, it is added to the database along with its probable cost. This gives you a cheaper solution that can be used until money is available for an alteration or full physical fix. The surveyor then verifies or calculates the probable cost of removal, and categorizes each barrier according to severity, how the element or area of the facility is used, and how it would be prioritized according to the simplified priorities in the regulations at Section 36.304. Photographs and surveyor’s notes complete the analysis and documentation. The barriers are also all identified on a floor or site plan to simplify the program access verification analysis and to make sure the contractor or staff person who does the work can efficiently locate the problem in the field.

The ETA ADA Barrier Management System

The ETA ADA Barrier Management System’s reports facilitate your management of identified barriers, assist you in setting priorities, allow tracking of program access, simplify capital planning for expenditures for physical barrier removal, and assist your team in making facility changes required by Title I in accommodating future employees.

Since the eventual costs of ADA compliance are typically measured in dollars per square foot, for large facilities one primary concern for a barrier management system is how to efficiently and effectively manage that expenditure. A well-designed barrier management system will simplify the removal of those barriers (without going overboard) but will also track and remind the users and their architects of specific remaining responsibilities during future alterations projects.

This database can save compliance money in a number of other ways, too. The SBS produces a list of possible solutions that are sort-capable in the ADA Barrier Management System database. This means, for example, that you can prepare a date-sorted list of door-knob replacements to allow you to bargain for a better price on hardware based on the total number of units you will be purchasing over, say, the next five years. It allows you to allocate responsibilities according to your staff's capabilities, or even to justify keeping or hiring new full- or part-time staff just to tackle specific tasks like adjusting door closers, replacing hardware, and relocating elements that are improperly placed.

The database may be used to manage all of your ADA facility responsibilities, including barrier removal during future alteration projects. Various reports have been designed to meet the specific data needs of various individuals who will need access to barrier management information without including all of the information needed to manage the entire process. For example, in discussions with future architects who will be planning alterations and additions to the facilities, a standard “Barriers” report can be easily prepared for them listing both the existing barriers in the areas to be altered and those remaining barriers which must be removed along the path of travel. The report lists applicable section and figure numbers from the relevant standards for each barrier, indicates measured existing conditions, and gives possible solutions by ADA specialists to minimize planning errors. This report, however, does not include your funding source for the barrier removal or information about related work or barriers in nonpertinent areas.

Some barriers may be removed by your users (such as moving trash receptacles, furniture, or planters); others will require your maintenance staff or a general contractor. The SBS database allows your ADA program manager or specific facility manager to make overall and/or specific judgment calls about how to allocate those responsibilities. The database can then produce prioritized task lists for each responsible party following your capital budget. Another data field that is included in the database is the funding source. It may be used to plan which funds will be used for the removal of each barrier or each type of barrier. For example, certain barriers will probably be budgeted for removal under an ADA barrier removal fund. Others will be removed during future alterations as part of those alterations funds. Still others may be eligible for outside funding. Use of this field in the database will simplify the capital planning process by using the automated sorting and mathematical capabilities of the database.

The system is designed to automatically set generic priorities based upon surveyed characteristics of each barrier and your particular concerns. It then allows you to modify those priorities based on specific circumstances or reset them in the future whenever needed. Task priorities are easily reset based on your current needs, and capital budget reports are automatically updated. When a request is made for the removal of a specific barrier, the entire system can be updated to reflect that request with truly minimal effort, whether the request comes a week after the reports are finished or five years later. Revised reports may be viewed or printed at any time.

ADA Barrier Management System Internet Access

One very powerful, no-cost option ETA offers with the ADA Barrier Management System is the ability to view your database over the Internet. The database resides on an SSL server with a high level of security and password protection at the user and manager levels. The data is presented in a series of highly intuitive screens that anyone can easily understand and use. It offers quick access to the barriers data as well as to the photographs and plans indicating the location of the barriers. Other information includes a summary of the survey process, how to read and interpret the data, and numerous reports as needed. With this system users can set schedules for barrier removal and assign responsibilities for the completion of each task to a particular individual or group. Once the removal is completed, users can update the information to reflect the actual cost and time spent to remove each barrier and add “after” photographs showing the completed barrier removal. The SBS database also allows the user to select from a series of standard reports and to filter the data to include or omit particular types of information. Barrier information is available in seconds and individually tailored output, from work orders to coordination reports, is as close as your local printer. Users can easily update the database either over the Internet or by downloading data into Microsoft Access or Excel, or other software packages for importing into the ETA system. We also have the ability to use web services features to interactively link the ETA BMS to other client databases if needed.

Finally, because the detailed data is available online, hyperlinks to that data can easily be inserted into CAD drawings or any other document which will take any viewer who has access rights directly to the detailed information on a particular barrier. So, for example, if the contractor wants to see photographs of a particular barrier and the conditions surrounding that barrier while estimating the costs in his office, a single click, a valid username and password will bring those photos onto his screen. In the same way, the spreadsheets used by your staff to set priorities and manage the project can quickly give them immediate access to the information they need to efficiently and effectively manage the work.

Summary

ETA’s ADA Barrier Management System takes the large volume of detailed barrier information generated by ADA specialists in the field and manages it to allow you and your team to actually use that data efficiently in all the ways the law requires. It is flexible enough to adapt to your barrier-removal priorities and to accommodate the way you operate your capital planning and facilities management. The system is the result of years of development by ETA and is currently in use by both public and private entities on thousands of facilities nationwide. It is flexible, efficient, and is continually being proven effective through daily use by our clients.

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Where to start...? Which way to go...?

Factors to Consider in Planning For and Administering an

ADA Facilities Compliance Plan

Click here to view/download the pdf version (13 KB)

There are a number of factors any large organization should consider in planning and administering their ADA facilities compliance efforts. The answers to questions raised during the review of these factors may have a significant impact on your organizations' success. Your initial compliance efforts and your long-term success in integrating ADA requirements into your work will all benefit from early consideration of the following:

First, consider your motivations for compliance. Organizations who are motivated by the simple desire to avoid costly or embarrassing lawsuits will probably adopt a different strategy towards compliance than the one taken by those motivated by the desire to do what makes the most business sense in serving their markets.

Second, the size, type, and geographic separateness of your facilities should affect your approach. Surveying a few, large facilities in a few locations may be far easier to handle using an outside consultant than surveying hundreds of small facilities spread over a large geographic area. The latter approach also creates potential difficulties with inconsistent applications of the ADA's requirements, particularly if more than one consultant is employed for the surveying. This inconsistency could prove to be a legal problem later, particularly if your organization is under centralized control.

Third, if your organization is operating under any particularly difficult administrative or financial restrictions, you should consider those restrictions in deciding how to approach compliance. An organization on the verge of bankruptcy may not be expected to start their compliance efforts with the same level of financial and administrative commitment that a financially strong organization would be expected to have.

Fourth, consider the administrative structure of your organization in developing your compliance strategy. Centrally controlled organizations like public entities may take a very different approach to compliance than that taken by decentralized organizations like fast food franchises where a high degree of local decision making is required. The former may rely more on central decisions, the latter more on training.

Fifth, and finally, every organization must consider the people available to administer the efforts internally and as consultants. Should you choose an individual to head your internal effort who already has a full plate (“if you want something done, give it to a busy person”) or someone who has more time but has not yet proven their value to the organization? Should you set up a committee to help coordinate the efforts or should one person be fully responsible? What kind of background should the coordinator(s) have? The effort required understanding this complex law and regulations may be overwhelming to someone who has no particular interest in the topic. Employees and customers with disabilities should be involved in the effort, but to what extent? Finally, how can an organization select competent consultants? Experience does not equate to expertise in ADA consulting. Consultants who quote low fees can gain considerable experience, but the fees may not allow them to study the law and regulations well enough to understand how to apply those regulations cost-effectively in your organization or to keep up to date on the ever-changing requirements.

An early review of these factors may help to assure a smooth compliance effort. Even if your compliance efforts have already started, the review may help to point out where things are likely to go wrong, or, better yet, where your approach is most likely to result in success.

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ADA and Accessibility Compliance Plan Reviews

Click here to view/download the pdf version (10 KB)

Clients often want to know why a plan review is needed when it is the responsibility of their architect and contractor to design and construct their projects in compliance with the applicable Standards. Some recent court decisions place the direct responsibility/liability for compliance on the owner, not the design and construction team. Also, the number of accessibility standards (about 1000 under the ADA alone), building codes, zoning ordinances, OSHA and EPA requirements that apply to new construction and alteration projects has expanded so drastically in the last few decades that no design professional or contractor can be familiar with all of them. A team comprised of a host of specialists now usually handles the design and construction process. ADA and access compliance specialists are increasingly being added to the project teams, especially in states like Texas that require it.

If access compliance specialists are added to the team, what should they do? Some clients only want to know if their architect has done a reasonable job. They may not want to commit a lot of effort to a review until they know generally how well the design complies with the applicable Standards. Other clients want to find every barrier remaining in the documents and, therefore, opt for a full review with a detailed report.

Finally, it is important to note that even the most thorough plan review can find only about 50% to 65% of the noncompliant conditions that are typically built into the completed project. There are many reasons for this, such as vendor-supplied items, construction errors, improperly coordinated construction changes, etc, but a good plan review should pick up the most expensive problems to fix, such as door maneuvering clearances and toilet room layouts, before they are cast in concrete. The others can only be avoided or identified during construction.

To meet the needs of our clients, we offer plan review services with three main variables: 1) Timing of the Review, 2) Thoroughness of the Review, and 3) Level of Detail in the Report.

Timing

The review services can start as early as the initial concept studies for critical facility types such as large assembly facilities, transportation facilities, and campus master plans. They can also start as late as construction documents or construction observation. Obviously, the later the reviews start, the more difficult and expensive it will be to catch and correct oversights and deficiencies in the design and construction.

Thoroughness

Thoroughness breaks down into 1.) the applicable standards under which the documents will be reviewed (usually under the ADA Standards, sometimes also under state or local standards, and sometimes under UFAS and/or the New ADAAG); and 2.) the speed and approach to performing the review. Sometimes our clients want to identify only the types of barriers that can be found in the documents. They will take that information and hand it off to the designer to follow through and identify all other occurrences of the same types of conditions. Other clients want a complete review to identify every barrier we can find. Because of these differences, we offer four options:

• Our Quick Plan Review is the most limited service. It typically includes a specified number of hours of technical review to identify the most serious and most common problem areas in the design. We circle barriers on the plans as we find them but do not always give references to the Standards section numbers. It usually includes a minimal report or none at all, just the redlined drawings showing the types of barriers we found and maybe a verbal review with the client and/or their designer.

• Our Barrier Types Plan Review will typically specify each of the types of barriers we find with examples marked on the provided drawings. This is a more detailed review, and we note directly on the drawings every barrier we identify along with section numbers from the applicable regulations or ADAAG.

• Our Detailed Plan Review is the most comprehensive plan review. We identify every barrier we find and note more thorough comments and ADA references on the plans. On some projects, especially where the project is under tight time constraints, we might be asked to sketch solutions to any problems that might not be obvious to the designer.

• Finally, our Detailed Review of Construction Documents, including project specifications and shop drawings, is the most thorough review because it includes everything from which the contractor will build. We note all barriers we can identify on any of the documents along with Standards references, and ideas for equivalent facilitation and/or simple solutions where appropriate.

Report

Most clients want a report of some kind in addition to the marked-up plans. These reports range from a one-page summary to a detailed and categorized listing of every barrier identified in the documents to facilitate response tracking for each. The report may also identify design requirements that we could not fully review due to insufficient information in the documents.

Fees

Our fees for plan review services depends on the type of review and level of effort required. We prefer to preview typical drawings or the entire set before giving an estimate. This helps us determine how detailed and thorough the drawings are and how careful the client’s professional team was in designing to the applicable Standards and, therefore, how much time and effort would be needed on our part.

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ADA Plan Review Scope Definition

Click here to view/download the pdf "ADA Plan Review Scope Definition" (41 KB)

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ADA Facility Survey Options

Click here to view/download the pdf version (6 KB)

[Click image above to view HTML version]

Advantages of High Quality Advice:

• Format of Reports and Database are Tailored for Efficient Use

• Lower Total Costs for Compliance

  • Better, More Cost-Effective Recommendations

  • Alternative Methods Provided Where Available

  • More Efficient Use of Resources in Setting Priorities

  • Reduced Chances of Expensive Misinterpretations of ADA & Local Laws

  • Fewer Errors and Omissions

• More Useful Information and Reports (For Current & Future Use)

• Effective and Efficient Administrative Processes and Procedures

• Better Relationships With Intended Beneficiaries of ADA

Advantages of Thorough, Detailed Surveys & Reports:

• Better Documentation for Long-term Planning and Future Use In Alterations Projects

• More Options & Possible Solutions For Barrier Removal

• Alternative Methods Documented in the Field Where Available

• Fewer Barriers Missed or Not Listed

• Compliant Conditions Listed for Future Reference (In More Detailed Surveys Only)

Options Available:

• CADD Overlay of Barrier Locations

• Barrier Removal Cost Estimates in Most Survey Systems

• Photographic Documentation of Barriers as Selected by Client (in Database if Desired)

• ADA Training for Client Staff

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ADA Facility Compliance Survey & Report Options

Click here to view/download the pdf "ADA Facility Compliance Survey & Report Options" (20 KB)

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ADA+ Facilities Compliance Services

Click here to view/download the pdf version (14 KB)

"ADA+" includes Federal, State and Local Accessibility Standards and Access Regulations plus Universal Design solutions when elected by the client.

ADA+ Surveys

• Provide surveys of existing facilities to locate physical and communication barriers to individuals with disabilities, provide analysis and offer possible solutions

• Review in-house surveys and provide comments

• Determine location and text for informational and directional signage

ADA+ Consulting Services

• Assist with the development of a corporate ADA+ compliance strategy

• Serve as a technical resource to answer questions on ADA+ regulations & standards

• Analysis of the facility's compliance with other applicable codes and standards such as building and life safety codes or the Rehabilitation Act of 1973

• Plan systematic implementation of barrier removal program

• Assist with public hearings, administrative hearings, arbitration proceedings, or legal proceedings

• Assist with alternate means of dispute resolution including factfinding, case settlement negotiations, and mediation or providing expert witness testimony

• Development of comprehensive self-evaluations of programs, services, activities and benefits

• Development of transition plans

• Assist with developing capital budgets and schedules for barrier removal

• Design of “reasonable accommodations” to allow qualified employees with disabilities or potential employees to perform essential job functions

ADA+ Training

• Train design, construction, facilities management and maintenance staff on ADA+ regulations, design standards and how to bring facilities into compliance

• Train ADA Coordinators on barrier management techniques

• Customer Service and Sensitivity Awareness training

• Presentations to corporate management, facility planning and maintenance staff, or other groups

ADA+ Architectural and Engineering Services

• Assist with development of standard design details and criteria documents.

• Provide architectural and engineering services for the design of modifications to remove physical barriers

• Review plans for new construction, additions and alterations

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ADA Facilities Compliance Risk Assessment Form

Click here to view/download the pdf "ADA Facilities Compliance Risk Assessment Form" (20 KB)

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ADA Compliance Motivators & Strategies

Click here to view/download the pdf version (36 KB)

Your approach to ADA compliance may be one of the most expensive or lucrative decisions you make for your business this year. If you have already made that decision, you may want to modify it when you understand that compliance involves a hierarchy of strategies. Here is how some organizations have approached ADA compliance:

Expensive ? . . . One large corporation was planning to renovate all of their corporate facilities to bring them into compliance with the ADA Guidelines. Several architects had given them proposals to do the work. These corporate facilities were classified as commercial facilities under the Title III regulations, therefore, no work was required unless they decided to alter their facilities for other reasons. Readily achievable barrier removal is only required in existing places of public accommodation. Sometimes the expenses are unjustified.

Expensive ? . . . One facility planner had trusted his Architect to design ADA compliant buildings without ever verifying that the Architect understood this responsibility. The architect had never read the ADA regulations affecting their facilities; he had been following the ADA Guidelines alone. Their expense was in putting an elevator in a building that had been designed without it. Unfortunately, civil engineers, landscape architect and contractors seem to know even less about the ADA, typically ignoring the ADA Guidelines entirely.

Expensive ? . . . With market shares in some industries balanced precariously on the whims of customers and clients, who can afford the negative publicity of a civil rights lawsuit based on discrimination against someone with a disability? Public support is overwhelmingly in favor of the ideals of the ADA with polls showing 90 plus percent of the general public believing the ADA is a good law.

Expensive ? . . . Then there was the organization who decided to hire a consultant to survey their facilities for barriers to people with disabilities and make recommendations for barrier removal. One firm had a particularly appealing fee proposal, and they got the contract. When the reports came back, the recommendations were depressing: ... over a million dollars worth of work needed. This consultant was ready to help them draw up the plans and execute the construction contracts to fix all the barriers. Then the client realized that many of the recommendations made were not required for existing buildings, only for new construction. The real cost for compliance in this very large facility might be less than $100,000.

Sometimes, it can be well worth the effort to step back and look at your overall ADA compliance strategy before embarking on an expensive journey.

Lucrative ? . . . One hospital decided that they were spending too much money on workmen's compensation and disability benefits. Legal fees fighting some of these claims were costing over $100,000 per year. They decided to implement an ADA compatible program to get these former employees back on the job. Within the first year, their investment in this training and adding one new staff position had returned a five-fold return on their investment and disability-related lawsuits were cut in half.

Lucrative ? . . . Another company discovered that their experiment in adding automatic doors to two of their department stores (not required by the ADA Guidelines) generated more traffic through those stores than did their advertising campaign costing the same amount of money. They decided to add automatic doors to all of their stores.

Lucrative ? . . . One bank decided that they would take a pro-active approach to complying with the ADA and made some significant changes to their facilities, procedures and services to better accommodate people with disabilities. Since they were ahead of their competition in this effort, they expected to pick up some new accounts from people with disabilities whom they could serve better than their competitors. Then they realized that these people with disabilities had family members (lots of them) who changed their accounts over to their bank because they appreciated the accommodating approach and service attitude that this bank was showing.

Lucrative ? . . . The local manager of a large restaurant chain decided to hire an applicant with Down's Syndrome to work in his store. It seemed like a bit of a gamble, but this manager thought the applicant could handle the job with a little extra training. Years later, this same employee continued to show up faithfully every day to do her job. In an industry where employees usually last only six months, this company's employees with certain mental disabilities are turning over at only one tenth of that rate. The savings in retraining expenses (not to mention the improved attendance records) prove that this “gamble” was actually an excellent business decision.

Many factors should be considered when setting a strategy for corporate compliance with the ADA. This applies to facilities compliance, employment compliance and customer service. Some of the more obvious considerations include such things as corporate visibility, geographic areas of operation, current profitability, products and services offered, and the makeup of the company's work force and corporate values. All of these considerations will help point to the most appropriate corporate strategy to take in complying with the ADA.

Four strategies for compliance can be explained by the motivations behind them. Although no company will operate under one motivation exclusively, understanding the dominant driver will help any company to develop an ADA compliance strategy that can be adopted most efficiently and effectively with the fewest internal skirmishes in the process.

The first level of motivation, active in many organizations, is the simple desire to minimize the risk of lawsuits, federal intervention from complaints, and negative publicity. This strategy is perhaps the most common in small businesses and those companies under the severest economic circumstances. This is the lowest level in the hierarchy of ADA compliance strategies. This approach is similar to the freeway driver who uses a radar detector to allow him to drive 15 or 20 miles over the speed limit without getting caught. The desire is not so much to comply with the law, but not to get caught. In ADA compliance, companies taking this approach typically range from those who do nothing, to those who put a few signs up indicating that anyone who needs assistance should ask for it. When someone with a disability complains to them about accessibility in their facility, they might respond by removing only the cheapest of the barriers mentioned in the complaint, and claiming that all others were not readily achievable due to difficult financial situations or other reasons. Companies who have this attitude as their motivation for responding to the ADA have no need for facility surveys or consultants, since they usually don't want to know where their problems are and since they do not plan to respond to them.

The second level of motivation is based on the desire to comply with the law. This desire may be backed by a minimal or a substantial commitment to investment in compliance. If the core motivation is to comply with a law that is perceived to be basically fair, the approach is very different from the first level of motivators. Those organizations who wish to comply with the law are best served by calling in an accessibility specialist, or an organization like an independent living center who represents people with a variety of disabilities, to review barriers to people with disabilities in their facilities. The consultant will document those barriers in a way that they can be removed, in phases, if necessary. Some organizations will be able to dedicate one person full-time to studying the law and its regulations and guidelines, and coordinating their compliance efforts. After a month or two of studying the regulations and technical assistance materials affecting their organization, a company with their own coordinator may need very little help to interpret the law. However, even in these cases, it is probably wise to have a true specialist review the key interpretations and general approach to compliance developed by this staff member. Review during the early stages of compliance approach development may be one of the most cost-effective investments a company can make in the entire effort.

Consultants may also be hired to survey an organization's facilities for barriers and make recommendations for their removal. Consultants who offer only to survey for barriers without making recommendations may be doing an injustice to the client, since the person in the field is, if properly trained, most qualified to suggest cost-effective and efficient means of removing barriers. Accessibility Consultants who are truly specialists will have developed their own methods for surveying and making recommendations that are far more efficient and cost-effective than what might be developed internally.

Following the surveys for barriers, the organization should set priorities for barrier removal according to the requirements of the regulations affecting the organization. The regulations are very clear about how this process should occur and what factors should be considered.

The third level of motivation is a desire to spend the effort required to do what makes good business sense. This approach is usually taken by companies who are willing to invest the time to study the options before they act. If this is the organization's motivator, it is wise to bring together a task force which includes, at a minimum, a representative from facilities, personnel, legal, finance (or administration), customer service and marketing. Early strategy development should be based on compliance with the law, as well as corporate image and customer demographics. The department store mentioned above made their decision to install automatic doors based on marketing sense rather than the ADA, since ADAAG does not even require automatic doors in new facilities. Similar accommodations that might make excellent business sense, but are beyond what is required under the ADA, include offering optional curb side, drive up or home delivery in addition to removing facilities barriers to people with disabilities. Similarly, toilet room and curb ramp modifications undertaken to improve access for people who use wheelchairs also significantly improve access for people who push strollers. In fact, many unisex toilet rooms are now being built as Family toilet rooms. The three primary benefits that should be considered under the third level of motivation are first, the benefits of new customers who have disabilities and who directly benefit from the accommodations. The second benefit is from the public relations advantage gained by accommodating people with disabilities. The general public supports the goals of the ADA by a margin of more than ten to one. Not only do people with disabilities benefit and begin to use the services of accommodating businesses, but also their relatives and friends may become more frequent clients and customers. The third benefit is that individuals who do not have disabilities but who also benefit from the accommodations will be better able to use the facilities and, therefore, more likely to patronize the business. These include people like mothers with small children who benefit from curb ramps, proper ramp slopes, larger toilet rooms and toilet stalls, as well as lower controls, operating mechanisms and dispensers, which allow children to use the facilities with less help. Also benefiting from accommodations for people with disabilities are individuals who have temporary injuries, or are weakened from sickness. These are not classified as disabilities, and therefore not included in the 43 million beneficiaries figure, but may include any one of us at any time. People who have their hands and arms full of packages benefit more from easily operated hardware and lighter force door closers and, of course, many elderly people will benefit from the accommodations made for people with disabilities, even though they may not be technically classified as disabled.

The fourth major motivating factor behind making accommodations for people with disabilities, is the desire to do what is “right”. These are the companies who believe “what goes around comes around” and who are willing to follow their instincts even when pure justification for their actions can't be shown beforehand. This motivating attitude is most prevalent in very profitable organizations, but it may also appear in any organization where focus on employees and clients is at a high level, or where a key individual has close contact with someone with a disability.

The attitude motivating an organization to comply with the ADA should be clearly understood before setting up an ADA compliance strategy. Those with the higher levels of motivation may need to spend most of their efforts on surveys and physical barrier removal, while those operating under the lower levels of motivation may be better off spending a good portion of their efforts on training. Staff who understand the needs of people with disabilities and know how to work through difficult situations to find alternative methods to provide access, without offending their customers, may be the best first line of defense against formal complaints and lawsuits in entities where the money to remove barriers is just not available.

Also, in the Title III Regulations from the Department of Justice, there are many listed considerations to explain what might be readily achievable. Places of public accommodation should also consider these factors in setting their compliance strategy. If it is only readily achievable to remove a few barriers, it would not make sense to spend all of the available compliance money on deciding what needed to be done. A proper balance between training, study, planning and action should always be maintained in any ADA compliance program.

In the end, it may be possible for an organization working under any of the four attitudes with a given economic picture to make a good faith effort to comply with the ADA. A clear understanding of the options and a well-ordered approach may be the most critical factors in determining whether a good faith effort is achieved, perhaps more so than just the amount of money spent.

Cost Estimates for Barrier Removal

Click here to view/download the pdf version (10 KB)

Staff at Evan Terry Associates and a Birmingham general contractor developed the original estimates for the Standard Barrier Survey. They have been verified and updated through eight years of surveying in a variety of facilities nationwide. They are adjusted for each project according to the factors below and appear in the possible solution pages for that project as adjusted.

Basic Costs

$0.00     Cost Estimate is expected to be zero.

$1.00     Unit Cost Estimate is too dependent on existing conditions to set a generic estimate. Surveyor must estimate in the field! This will show up as “OVERRIDE” in the Possible Solutions Modified Unit Cost column.

$#.##     "Core" or basic unit cost estimate based on publicly bid work in 1993.

Adjustment Factors (example)

Required Factors:

1.35     Inflation to convert to 1998 dollars

1.52     Location Factor used to convert to local costs

1.25     Client Quality Factor adjust for quality, historical features and other costs

1.15     General Contractor's overhead and profit

1.10     Project Size Factor (1.10 assumes projects under $100,000.00 per site)

3.25    Modified Unit Cost Adjustment Factor

Optional Factors – (Determined in consultation with Client):

1.15     Design fees for architectural and engineering services

1.00     Project Management fees

1.00     Economic conditions adjustment factor

1.00     Client Quality Factor adjusts for average quality of facilities

1.00     Domino Effect adjustment factor These estimates would include any contingencies for the effects of:

                Building or Life Safety Code upgrades triggered by barrier removal

                Special permitting or reviews

                Environmental or Hazardous Materials removal

                Seismic upgrade requirements triggered by barrier removal

                Energy conservation measures triggered by barrier removal

                Historic Building requirements

                Etc.                                                                                 

3.74     Overall Project Cost Estimates Adjustment Factor

Post-Survey Option

An additional option is available once the Standard Barrier Survey is complete. This option will allow for adjustments to the cost estimates due to inflation, construction costs or other factors as determined by the client or Evan Terry Associates. These adjustments would apply to all barriers.

Example Default Phase Codes: University ADA Transition Plan

Click here to view/download the pdf "Example Default Phase Codes: University ADA Transition Plan" (40 KB)

Example Default Phase Codes: School District ADA Transition Planning

Click here to view/download the pdf "Example Default Phase Codes: School District ADA Transition Planning" (18 KB)