Category Archives: ADA Compliance

Real Estate Due Diligence: Three Tiers of Accessibility Reports

Real Estate Due Diligence: Three Tiers of ADA Accessibility Reports 

How do Accessibility Due Diligence Concerns Come into Play During Real Estate Transactions or Development?

  1. During any commercial real estate transaction, an ADA Survey (including all applicable accessibility laws) should be part of the Due Diligence process.
  2. All new buildings that are commercial facilities or places of public accommodation, must be designed and constructed with accessibility features that are compliant with current federal and local accessibility codes.
  3. All new alterations to buildings that are commercial facilities or places of public accommodation, must be designed and constructed with accessibility features that are compliant with current federal and local accessibility codes.
  4. The property owner, lease holder and lender may all be held liable if the property does not have proper accessibility features.
  5. The project should be reviewed for all applicable Accessibility Laws.
  6. Occasionally, more than one Accessibility Code or Law will apply.
    1. There might be Federal, State and Local Codes that apply.
    2. Some states (2012 Florida Accessibility Code for Building Construction) Code for have their own Accessibility Codes in addition to National Accessibility Laws, such as the ADA, Rehabilitation Act, ABA, or Fair Housing Act.
    3. Which specific Accessibility Laws and Codes apply to an individual facility, is based on which entity owns the facility; who is providing design and construction funds; and who is managing the programs and services.
      • Federal facility ownership, funding or services
      • State or Local facility government ownership, programs or services.
      • Private facility, programs or services
      • When more than one Code or Law applies, then the Accessibility Due Diligence Report needs to look at EACH element, based on each applicable Accessibility Code, and assure that the strictest code for each individual element is met.

What do You Need to Know when Requesting an Accessibility Inspection or an ADA Survey?

  1. The Department of Justice does not certify or recognize certification of ADA Inspectors.
    • ADA Inspection is a non-regulated profession, comprised with a variety of experts, who specialize in different building types, program types and levels of involvement.
    • It is advisable to select an ADA Inspector is familiar with your type of facility, all levels of Accessibility Laws, and the level of in-depth report you require.
  2. The Department of Justice recommends their top 4 priorities for Title III (places of public access) regulations:
    1. Priority 1: Accessible approach and entrance
      • Includes site access, parking, accessible paths throughout the property or facility, and entrances
    2. Priority 2: Access to goods and services
      • Assures that all goods and services are available to all consumers. Includes signage, counter tops, public phones, pools, exercise rooms, braille and auditory signals and other accessible features.
    3. Priority 3: Access to restrooms and drinking fountains
    4. Priority 4: Any other measure necessary

ADA Inspection or Accessibility Survey that is Not Part of the Property Condition Report

  1. Accessibility Surveys and ADA Inspections often are completely separate from the Property Condition Report.
    1. The same general principles apply.
    2. Lenders often request a Tier 1 or Tier II ADA Survey.
    3. Property investors request the Tier III Accessibility Survey, since they will be responsible for all alterations that need to be brought up to ADA compliance.
      1. The investor has the most exposure to accessibility liability, so it is advisable to have the most detailed and accurate account of accessibility features within the facility or property.
      2. Some investors request a detailed report with both the current Accessibility Standards, as well as the items that are “Safe Harbor,” so that they have all of the information needed to make the best decision for their clients.
        • “Safe Harbor: Includes those items that met the 1991 ADA Standard, that do not need to be modified to meet the 2010 ADA Standard.

ADA Survey or Accessibility Inspection as Part of the Property Condition Report

  1. The Property Condition Report reviews the overall physical condition of a property, along with the long and short term capital expenditures required to maintain the property.
  2. The Property Condition Reports scope is defined by ASTM Standard E2018 “Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process.”
    • The appendix defines the levels of accessibility investigation.
    • The standard references the Americans with Disability Act as the governing document; however, ALL governing Accessibility Codes relevant to the property, must be reviewed.
  3. The ASTM appendix defines three tiers of due diligence.
  4. The depth of the Accessibility Inspection or ADA Survey is dictated by the Property Condition Report user.
  5. Often a Tier I ADA Survey or Accessibility Review is included as an addendum during the physical due diligence of an existing building by a contracted ADA and Accessibility Specialist or an Architect.
  6. Even though the ADAAG, ADA Accessibility Guide, is referenced in the “Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process;” the three tiers of accessibility investigation pertain regardless of the applicable codes.

Tier I Accessibility Survey is a Visual Assessment of the Facility for a Public Place of Accommodation

  1. Identifies the year the facility was built, the year alterations were made, and the specific ADA Standard that applies to those elements. 1991 ADA Standards for Accessible Design or the 2010 ADA Standards for Accessible Design.
  2. MIGHT Identify Local and State Accessibility Codes that apply to the facility. Example: 2012 Florida Accessibility Code for Building Construction
  3. Uses the ADA Standard relative to the time of construction or alteration.
    • Keep in mind that MANY ADA lawsuits are based on the Perception of today’s current standards missing in a facility.
  4. Identifies the path of travel for accessible approach and entrances per Standards.
  5. Identifies the reported number of ADA compliant parking spaces per total number of parking spaces.
    • Does not include photos, counting spaces, measuring sizes, measuring access aisles, measuring accessible path or measuring ground slopes.
    • Note: 2012 Florida Accessibility Code for Building Construction has more extensive requirements than the 2010 ADA.
  6. Visual inspection of public restrooms that appear to provide accessible features, such as grab bars, turning-radius, toilet seat height, sinks, clearances, and horn/strobe fire alarm location.
    • Does not include photos or specific measurements of all elements.
  7. Determine if the reported number of Communication Feature and mobility Feature Guest Rooms exist per the ADA Standard requirements.
    • Review the guest rooms for appearance of accessible features.
    • Does not include photos or specific measurements of all elements.
    • Note: 2012 Florida Accessibility Code for Building Construction has additional total guest room requirements than the 2010 ADA.
  8. Identify accessible elevator elements, including call buttons with visual signals, emergency control panels, interior floor buttons, a 2-way emergency communication that does not require voice, doors with a reopening device, and auditory signals at each floor.
    • Does not include photos and specific measurements of all elements.
  9. Tier I does not itemize every item in the facility that must meet Accessibility compliance.

Tier II Accessibility Survey is a Visual Assessment of a Facility that is a Public Place of Accommodation

  1. A more comprehensive Accessibility Survey that completes a checklist within the ASTM Standard.  The Accessibility Report often including photos, specific Codes and basic field measurements.
  2. The checklist includes basic measurements and counting of the parking spaces.
  3. Checklist items include parking spaces, ramp slopes and lengths, landings, handrails, stairs, doorways, entries, visual inspection of signage, visual inspection of path of travel, elevator controls and signals, restrooms and fixtures, accessible goods and services, and accessible guest rooms.

Tier III Accessibility Survey is a Comprehensive Assessment of a Facility that is a Public Place of Accommodation

  1. The most comprehensive Accessibility Survey that includes a more in depth investigation of the items in Title I and Title II.
    1. The Accessibility Report including photos, counting each accessible element, specific Codes and detailed field measurements.
    2. The report includes all elements that are in the ADAAG (ADA Accessibility Guide) and Local Codes.

Susan Berry of Disability Smart Solutions is available for any of your accessibility survey requirements.  As an architecture graduate, NCIDQ Nationally Certified Interior Designer, NCBDC Nationally Certified Building Designer, and an International Code Council Certified Accessibility Inspector and Plans Examiner, along with her 30+ years in the Florida construction industry, she knows accessibility.

Call or text anytime to 407-310-3663 or e-mail info@DisabilitySmartSolutions.com

 

 

Florida Accessible Parking : More Rules Than ADA

ADA Accessible Parking in Florida.   Does Your parking Lot meet both the 2012 Florida Accessibility Code and the 2010 ADA?

Florida takes accessible parking seriously!  Does your parking lot meet all of the Standards to serve your guests with disabilities?

ADA Parking Survey in Florida. Measuring the width of a parking space. Disability Smart Solutions.
ADA Parking Survey in Florida. Measuring the width of a parking space. Disability Smart Solutions.

SERVICE: PARKING LOT INSPECTION

We review parking lots in Florida and the Eastern States.  Before you call us, here  are a few do-it-yourself review tips.  Please contact us for your  Accessible parking Lot Inspection.  We review parking lots for both the 2010 ADA Standards for Accessible design and the 2012 Florida Accessibility Code for Building Design.

ADA Parking Survey in Florida. Inspecting the cross slopes of a shared accessible aisle of an accessible parking space. Disability Smart Solutions.
ADA Parking Survey in Florida. Inspecting the cross slopes of a shared accessible aisle of an accessible parking space. Disability Smart Solutions.
ADA Parking Survey in Florida. Inspecting the accessible path from the accessible parking spaces to the business entry. Disability Smart Solutions.
ADA Parking Survey in Florida. Inspecting the accessible path from the accessible parking spaces to the business entry. Disability Smart Solutions.

TYPES OF PARKING LOT INSPECTIONS

We inspect the parking lot based on the current state of ADA and Florida Standards compliance.  For a Parking Lot that appears compliant, are Post- Construction, or in ADA Litigation:

  • 6 Point measure of each parking space and access aisle with photos
  • 6 point measure of cross slope and slope of each parking space with photos
  • Measure and verify signage with photos
  • 6 point measure of cross slope and slope of access aisle with photos
  • Document accessible path with dimensions, cross slopes, slopes and photos.
  • Document ramps with dimensions, cross slopes, slopes and photos.
  • Document detectable warnings with dimensions, cross slopes, slopes and photos.
  • Document overhead clear with dimensions, cross slopes, slopes and photos.
  • Document Accessible Parking directional site signage
  • Document all areas applicable per Standard.

For Pre-Compliance Surveys, where remediation is obvious and necessary, we only measure the necessary areas.

Call or text Susan at 407-310-3663 to discuss your ADA parking lot compliance needs.  All projects are priced based on their individual Scope of Work.  Or send an email.

Florida Accessible Parking Space inspection for both running slope and cross slope of the parking space, access aisle and accessible path. Verifying signage. Disability Smart Solutions.
Florida Accessible Parking Space inspection for both running slope and cross slope of the parking space, access aisle and accessible path. Verifying signage. Disability Smart Solutions.

DO-IT-YOURSELF ACCESSIBLE PARKING LOT CHECK POINTS

Just for today, instead of worrying about people with invisible disabilities parking in an accessible space, I would like all of us to make sure that our parking lots are truly ACCESSIBLE and meet the needs of the accessible community.

Florida goes beyond the 2010 ADA Standards for Accessible Design to make accessible parking comfortable for a broad population.   In order to assure that a van with a lift can fit in any accessible space, ALL accessible spaces are 12 feet wide with a 60 inch wide accessible aisle.  Everyday, I park in lots that do not have accessible aisles with each accessible parking spot.

Did you know that when you RESURFACE and/or repaint your parking lot, accessible parking spaces must be corrected to the current ADA Standard?

Did you know that a person parking in an accessible spot should always have a 44 inch wide minimum ACCESSIBLE ROUTE to the building entrance?    A person parking in an accessible spot, should never have to walk or roll behind cars, other than their own, to reach the building entrance.  Even with new construction all over Central Florida, I see parking lots without safe accessible routes.

Did you know that any type of accessible vehicle may park in the spot designated as  a “Van Accessible?”    The “VAN ACCESSIBLE” sign spot is informational, but not exclusive to vans.

Do you know why the bottom of the Accessible parking SIGN needs to be 60 inches minimum above the ground surface?  So a driver can see it!  I often find signs buried in bushes, attached to palm trees and mounted on short posts.

Florida Accessible Parking Fail. Since all Accessible Parking in Florida must be Van Accessible, many parking garages do not provide the clear head room. In this photo there are no accessible aisle, no accessible path and other community mailboxes in the accessible parking space. Disability Smart Solutions.
Florida Accessible Parking Fail. Since all Accessible Parking in Florida must be Van Accessible, many parking garages do not provide the clear head room. In this photo there are no accessible aisle, no accessible path and other community mailboxes in the accessible parking space. Disability Smart Solutions.

Did you know that there is a 98″ minimum HEIGHT CLEARANCE requirement for Accessible parking in parking garages or areas where a vehicle must pass under an overhead obstruction?  In my beach condo ADA inspections, I often find all of the accessible parking spaces are located in parking garages that do not meet clearance! Since all of Florida’s accessible parking spaces are sized for vans with lifts, the lower vertical clearance prevents many vans from using these spaces.

Are the “towing” and $250 FINE SIGNS serious?  YES.  Since 1996, all accessible spots must have the International Symbol, “PARKING BY DISABLED PERMIT ONLY.” Florida requires the penalty for illegal use of the space.

Florida Accessible Parking Sign 2016 with the required fine sign.
Florida Accessible Parking Sign 2016 with the required fine sign.

Please take a few minutes to see if your parking lot meets the ADA needs of your disabled employees and guests.  If it doesn’t, please take ACTION!  If you need an ADA Compliance Report and Action Plan for your property, we are available.

Susan’s cell: 407-310-3663

info@DisabilitySmartSolutions.com

ADA Service Animal Law Workshop

ADA Service Animal Law, Stay out of the Doghouse, Workshop

ADA Service Animal Law Workshop

All businesses must allow Service Dogs. It’s the Law.

Know ADA Service Animal Law.  ADA Service Animals are allowed in businesses.  The only place an ADA Service Dog may be denied access is in certain medical clean room environments.  Every day we hear news stories of business owners believing that they have the right to question and deny access to their facility to people with service dogs as a “property right.”

We created our “ADA Service Animal Law, Stay out of the Doghouse, Workshop”  to dispel the myths.

There are many myths about training certifications, Dog I.D.’s, therapy snakes, and service parrots.

We hear the term PTSD thrown around in the media and many have misconceptions of how this disease, defined by a group of symptoms, impacts the ability for many people to interact in social settings the same way they did before they experienced a  life-changing trauma.

When hospitality and restaurant employees deny people access with their service dog, it not only breaks judicial law and carries a steep fine, but it also negatively impacts the person.

  • How to dispel the myths and focus on the ADA Service Animal facts.
  • We provide customer service tools for successful interactions with Service Dog users and how to turn them into loyal customers.
  • Know the only two questions that a business may legally ask a person with an ADA Service Animal.
  • Know the  legal  difference and rights between ADA Service Dogs and Emotional Support Animals.
  • Understanding PTSD: The Role of a PTSD Service Dog and the LAW.
  • Review all of the symptoms of PTSD and how they impact  may impact a person’s daily life.
  • With the right tools, a business can engage consumers with service dogs, increase their bottom line and avoid costly judicial discrimination lawsuits.
  •  A Service Dog is available as a trainer at this workshop..

This is an excellent ADA training workshop for Owners, Key Staff, Facilities Managers, Risk Managers and Operations Managers.

We are now scheduling for our 2017 Architectural Barriers ADA WorkshopsPlease contact us to review your event requirements.  Please review our page Speaker and Workshop Fees for information on the different types of speaking engagements offered and a list of bonus items for meeting planners.  All of our topics may be customized for your individual event. Speaker and Workshop Fees

 

Disability Customer Service Workshop

Disability Customer Service Workshop, Increase Your Bottom Line By Engaging ALL Ability Consumers.

Disability Customer Service Workshop

Great disability customer service is essential for ALL businesses.  Our Disability Customer Service Workshop is geared to all service provider, with the objective of increasing customer satisfaction and avoiding situations that lead to ADA discrimination litigation.

The most common words I hear from Clients during ADA Compliance inspections is “we never see people with wheelchairs at our business.”  That is because only 5% of the disabled population are wheelchair users. 20% of Americans have a disability.  That number is much higher in Florida between an aging population and tourism.

We never know about a persons physical and mental abilities or disabilities just by looking at them.  Excellent customer service for everyone is key to a successful business.

Disability Customer Service Workshop LEARNING POINTS

  • 69.6 billion people in America,  28.7% of families have at least one member with a disability.
  • People with disabilities constitute our nation’s largest minority group,
  • How great disability customer service engages  and retains consumers who live with different types of disabilities.
  • Discuss communications skills, customer service, disability etiquette and how to avoid unintentional discrimination. 
  • Dispel assumptions about the aging baby Boomer population.
  • Practice different situations and discuss different ethical questions,.
  • Common situations that lead to ADA accessibility discrimination litigation.
  • How the built environment impacts different disabilities.
  • Discuss range of motion and sensory impact o the built environment.
  • Communication skills when engaging a customer we believe has a disability.
  • How  ADA ramps, parking, restrooms, signage, and other architectural tools impact different disabilities.
  • Proper etiquette for Service Dogs.

This is an excellent ADA training workshop for Owners, Key Staff, Facilities Managers, Risk Managers and Operations Managers.

We are now scheduling for our 2017 Architectural Barriers ADA WorkshopsPlease contact us to review your event requirements.  Please review our page Speaker and Workshop Fees for information on the different types of speaking engagements offered and a list of bonus items for meeting planners.  All of our topics may be customized for your individual event.

Disability Customer Service Workshop
Disability Customer Service Workshop

 

The Buying Power of People with Disabilities

Grow your Business: The Buying Power of Seniors and People with Disabilities

Please join us in Kalamazoo, Michigan for our Keynote address celebrating the 25 Year Anniversary of the ADA with the Disability Network of Southwest Michigan . We talk about the buying power of people with disabilities and what businesses can do to engage this  growing demographic of consumers.  Please contact us if you would like us to deliver this topic at your event.

LOCATION: Radisson Plaza Hotel | 100 West Michigan Ave., Kalamazoo
DATE: August 6, 2015
TIME: 4:30 – 6:30 p.m. – networking, hors d’oeuvres, cash bar and presentation
REGISTRATION: This event is free, however, we ask that your register in advance.
REGISTER

Susan Berry of Disabilities Smart Solutions will present on the economic advantages of businesses and communities being fully accessible. Join us to learn where customer service, accessibility and economic development intersect.

This event is supported by The Jim Gilmore, Jr. Foundation.

This event is funded in part by the ADA Michigan, an affiliate of the Great Lakes ADA Center, through grant H133A110029 from the National Institute on Disability Rehabilitation and Research (NIDRR).

ADA accessible Mirror: FAIL

Help!  I can’t see myself! ADA accessible Mirror FAIL!

A few nights ago, I was sitting on the potty in the accessible restroom at a classy private club.  I looked over at the ADA accessible mirror and realized that the bottom of the glass was at least 52″ above the floor. The required accessible mirror was more than a foot higher than the ADA 2010 Code rule.  I took the photo of the ADA accessible mirror while sitting down.  At 66″ tall when standing, I still needed to stretch a bit to check my lipstick.

I am not writing this to “out’ any business.  I just want to make the point of how small, often overlooked things can impact the life of a person living with a disability.

Just because your architect designed your building to meet the 2010 ADA codes, does not mean that it was built and furnished to code!

Private Clubs that allow non-members to attend functions, are not exempt from the Americans With Disabilities Act rules for Places of Accommodation.  Accessible restrooms must meet the ADA code requirements for dimensions, including each ADA accessible mirror at each accessible sink. Please see the diagram below for ADA restroom fixture code dimensions.

Even thought the club recently underwent a multi-million dollar renovation, having a small decorative mirror was someone’s  priority over providing a code compliant accessible mirror.  An ADA accessible mirror does not need to be ugly.  It just needs to be low enough for a person sitting in a wheelchair or a person of short stature to see their own reflection.

Why doesn’t at this business realize that situations like this provide a basis for someone with a disability to sue the business and the building owner for ADA compliance?

At Disability Smart Solutions, we work with businesses and building owners to survey their properties to ensure that they have all of the information they need in order to correct all areas to meet ADA compliance.  In 2013 the 2010 ADA Code became law in Florida.  Please give us a call.

It pays to have an impartial ADA Consultant inspect your business for code compliance.

In 2013,  Florida was one of the leading states in the total number of ADA discrimination lawsuits for architectural barriers.

Please read our article, “Top 10 Reasons for Access Violations,” for more information about areas where your business might FAIL for ADA compliance.

Top 10 ADA Access Violations

Top 10 ADA Access Violations

The parking spot doesn't meet ADA Code! There is NO 60" access aisle next to the parking space. This is probably an angry Disabled Person who needed the access space to transfer to their wheelchair or who needed enough room for their walker. Before bashing the parker, know the code! SIde by side parking spaces often limit getting in and out of a car for a person with a mobility disability. Photo by Bonnie Leckowicz
The parking spot doesn’t meet ADA Code! There is NO 60″ access aisle next to the parking space. This is probably an angry Disabled Person who needed the access space to transfer to their wheelchair or who needed enough room for their walker. Side by side parking limits the space for getting in and out of a car for a person with a mobility disability. Photo by Bonnie Leckow

Our expert ADA Accessibility Consultants conduct ADA accessibility facility surveys for  non-compliance with the 2010 ADA Code.

This is the Top 10 List of the most common ADA violations we find.

Even if at first glance they appear simple, depending on the age and size of a property,  ADA accessibility violations can add up from a few dozen  to a few thousand violations.  By documenting all of the access violations, prioritizing which ones to repair first and providing compliance details in one report, Disability Smart Solutions provides an organized  compliance action plan for business and building owners to use to bring their properties into compliance.

Many of these ADA non-compliance items are low-cost changes that can be modified by on-site staff.

The Top 10 ADA Access Violations

Accessible FAIL, Improper Signage

1. Signs: Outdated, missing, incorrect, wrong height, hard to find or mounted wrong

2. Parking: The pavement or ramp slope is too steep or the wrong dimensions.  Parking spaces have no access aisle to get in and out of the car. Parking spaces are the wrong size.

3. Access Routes: Wrong signs, blocked ramps, blocked passageways or uneven surfaces 

4. Curb Ramps: Steep slopes  or other hazards

RAMP FAIL! Sure, let me hold the door for you as I sit here in my chair!
RAMP FAIL! Sure, let me hold the door for you as I sit here going nowhere in my chair!

5.Stairs:  hazard striping, uneven steps, lighting, signage, barriers or wrong railings

6. Pedestrian Ramps: No handrails, landings not level or no ramp

7. Restrooms: Too small or fixtures are out of reach

Dentist Office Vanity FAIL,
Dentist Office vanity FAIL! I see 4 ADA violations before even measuring. Do you know what they are?

8. Seating: No access for people with disabilities

9. Doorways: Clearance issues, door sizes, weight of door or improper door handles

10. Exits: blocked exits or no signs showing exits

The 2010 ADA Code is complex with over 1000 changes from the previous code.

Many places of accommodation are out of code because property owners assume that they are grandfathered in from an earlier code. The GRANDFATHER CLAUSE is limited.

Statistics show that 95% of US buildings are currently non-compliant.

Each of the examples in this list is an opportunity for ADA discrimination litigation. Each of these areas can be complex in interpreting the ADA Code.

It’s always a good idea to consult an independent ADA Accessibility Consultant to review your business for ADA compliance and smart solutions.

Disability Smart Solutions is a full-service ADA Consulting firm offering ADA Compliance Access Surveys, Project Consultation, Post-Compliance Audits, All-Ability Customer Service Training, Undercover Disabled Guest Mystery Shopping, Universal Design Product Review and Keynote Speaking.  Please contact us to review your accessibility needs.

Accessible Restroom Coat Hook, FAIL

Accessible Restroom Coat Hook: FAIL

Handicapped Toilet Room Purse Hook
Accessible coat hooks should be a maximum of 48″ above the floor. Sometimes I think the accessible coat hooks are mounted by a 6′-3 man who mounts them at his eye level!

A few days ago I used the accessible restroom at a private club. I was sitting on the potty wondering if a 6′-6″ man had mounted the accessible restroom coat hook.

Had I been a wheelchair user, a person of short stature, a child, or someone with a limited range of motion, my Breast Cancer Month purse would have been on the floor!!

Sometimes business owners forget that accessible stalls are for anyone with any disability! Invisible hidden disabilities like shoulder injuries, elbow injuries, arthritis, MS, tendinitis, gout and nerve damage may limit a person’s ability to reach a hook that is mounted out of range.ADA-reach-forwd

As a designer, I know that coat hook detail dimensions are always part of commercial construction documents.  In the 1980’s, I worked as a designer  in the Walt Disney World Architecture and Design Department.  Even before the ADA Code was law, their standard practice was to always mount restroom door coat hooks midway down the toilet stall door, in order to  deter pickpockets from reaching over the door to snatch a purse.

Over the years, I have spent many days on construction sites.  I know  that typically an installer is handed a box of coat hooks and told to mount them.  He rarely takes the time to read the plans.   Armed with a screw gun, he goes toilet stall door to toilet stall door just mounting the hooks at a height that works for him.   During “punch list” time, if the punch-out person isn’t familiar with the ADA code, they are just checking off boxes that there is a coat hook!  Even if a business was built to the 2010 ADA (Americans with Disabilities Act) Code, it’s still a good idea to double check the details.

Accessible toilet coat hooks mounted too high are the type of little 2010 ADA Code violations that can really frustrate a person with a disability and inspire ADA Code litigation.  It might seem like a tiny detail, but if you are a person living with a disability, who needs to remove clothing or hang items while using the toilet, it becomes a BIG deal!

I know that if  I could not stand up to reach the high non-accessible coat hook, my beautiful Breast Cancer Month purse would be sitting on the germ filled floor.  If I needed to remove my jacket or any other clothing to take care of personal needs, my clean clothes would also be on the floor.  It’s often the little things that people who don’t live with a disability take for granted that make a HUGE difference in the life of a person living with a disability.

Ninja coat or hat hooks by Seletti
Ninja coat or hat hooks by Seletti

Let’s all do our own small part TODAY to make the world a little more accessible.  Grab a screw-driver and  check the coat hooks in your business restrooms.  If they are too high, please move them down.  A maximum  height of  48″ above the floor meets the 2010 ADA Code for accessible restroom coat hooks.   Together we can show consideration to our All-Ability guests and employees.

Do you like my purse?  October is Breast Cancer Awareness month.

Disability Smart Solutions is full-service ADA Consulting firm offering ADA Compliance Access Surveys, Project Consultation, Post-Compliance Audits, All-Ability Customer Service Training, Undercover Disabled Guest Mystery Shopping, Universal Design Product Review and Keynote Speaking.  Please contact us to review your accessibility needs.

Healing, Hydroponics and the Homeless, Accessible Garden

Healing, Hydroponics and the Homeless, Accessible Garden

Tom and I toured the Lighthouse Mission in Lakeland, Florida with the Central Florida Lady Bloggers.  Knowing that many of the homeless have disabilities, I was interested in seeing how they addressed accessibility at their facility.  Every 2010 ADA Code accessibility detail was taken into consideration in both their men’s and women’s facilities.

Our hosts always graciously asked if anyone would prefer to use the elevator, whenever we walked towards the stairs during our tour.

Accessible ramps mean that everyone is welcome
This is what an ADA compliant ramp looks like. Lighthouse in Lakeland makes sure that everyone is comfortable in their facilities.
Compliant stair handrail
This 12″ extension on a stair handrail makes all of the difference in balance.

We learned how Lighthouse Ministries takes a holistic approach to serving the homeless and community.  They provide “Success Sheltering,” which includes educational and vocational development for residents to discover a pathway of success in a safe living environment.  Everyone who lives on the campus is given an opportunity to experience peace, life purpose and fulfillment of potential.

Success Sheltering includes nutritious meals, safe shelter, clothing, personal financial management,  addiction recovery,  case management, childcare,  transportation,  domestic violence safe haven, adult education, dorm life for college & vocational training, employment, career advancement, leadership training, life skills, life coaching, discipleship, mentoring, responsible living and serving others.

We were fascinated with the 7000 square foot urban hydroponic garden that provides fresh herbs, fruits, and vegetables to the shelter. Male residents re-enter the workforce by starting in the garden.  They find it a peaceful work experience that helps them to recover from the streets.  It gives them a calm place to contemplate and see the results of their effort.

The garden is accessible, with wide smooth pathways and plants that can easily be reached from a seated position.

Accessible Garden
Healing begins in the garden. Homeless men work in the garden providing fresh fruits and vegetables for guests eating at the Lighthouse Ministries shelter.

As a special treat, Lighthouse Ministries gave each of us a gift certificate to use in one of their retail Stores.  Their seven Thrift Stores provide clothing for their guests and household goods for their graduates.   Along with providing capital for funding programs, the Thrift Stores provide employment for program residents and a place for outreach to the community that includes the distribution of food boxes and clothing vouchers.

We visited two of the Lakeland, Florida retail stores.  They were both located in old buildings circa the 1930’s.  Employees graciously pointed out the side entry ramp to the furniture section, which was an old side street storefront.   This building is several old storefronts with different levels, an old warehouse, and a loading dock.  We entered from the furniture store section.  There were a few wide steps up from this section to the clothing and households area, located in the old storefronts that faced the main highway.  Several employees offered to escort us to the front accessible entry if we found the steps uncomfortable.  None of them ever mentioned that we might not be able to climb the stairs.  They all graciously mentioned how the steps were sometimes uncomfortable for them and offered an alternative.   We did not look at the restrooms, assuming that upgrading them for accessibility might be a hardship.

We were happy to learn that their staff is trained in Disabled Customer Service.  

We were also happy to learn that in their new facilities and in their older historical buildings, every reasonable effort was made for accessibility compliance.

Lighthouse Ministries knows the importance of including all people. Disability Smart Solutions is available to assist your business with overcoming architectural barriers and attitude barriers to accessibility.

Disability Smart Solutions is full-service ADA Consulting firm offering ADA Compliance Access Surveys, Project Consultation, Post-Compliance Audits, All-Ability Customer Service Training, Undercover Disabled Guest Mystery Shopping, Universal Design Product Review and Keynote Speaking.  Please contact us to review your accessibility needs.

Bonus

I was thrilled to find new earings at a very low price.  Seven pairs  is not hoarding!  Tom bought a set of Italian ceramic pasta bowls. There were some very nice pieces of furniture, including an antique needlepoint child’s rocking chair.  As much as I wanted it,  we figured that it was best to leave the chair for someone with a child.  The Florida Summer afternoon thunderstorms also discouraged buying furniture, but we’ll be back!

Lighthouse Ministries Thrift Store
Swag from the Lighthouse Ministries gift store. Gracious staff, wide aisles, clean items, great prices and accessible; what more can a girl ask for?

Disability Smart Solutions, extends a HUGE thank you to Megan of More than A Coupon Queen, the event organizer.  Please visit her blog for the latest information on Florida Fun, Homeschooling,  Money Saving and Internet Deals.

The Disabled Hotel Guest in a Non-Accessible Room

The Disabled Guest in a Non-Accessible Hotel Room

Have you ever wondered what happens in a non-accessible guest room when a person with a wheelchair needs to use the toilet? Disabled hotel guests often have to create their own accommodations.  Is that something any responsible hotel operator wants at their facility?

Kristen, a LI Paraplegic born with Spina Bifida, created  Living Able on Facebook and YouTube to demonstrate how she transfers, does daily tasks and makes her own accommodations in a sometimes non-accommodating world.  She offers tips for people living with disabilities and parents of children with disabilities.

I believe that every facility owner should watch her videos in order to understand what they are doing to people living with disabilities by not providing enough accessible hotel rooms that meet the new 2010 ADA Code for accessibility.  Every hotel owner needs to demand that all request for an accessible room be honored.  Reservationists need to be trained to ask clients requesting an accessible room, what request they might have for a comfortable stay.   I am honored to share Kristen’s video.

Hotel Guest Transferring to Toilet in a Non-Accessible Room

In the video, Kristen’s wheelchair does not fit through the toilet room door.  There were no available accessible rooms in the hotel where she was staying during a business trip to Nashville.  She had to stay in a non-accessible hotel room.  Kristen is an independent woman who is used to making her own accommodations.  She uses the rolling desk chair from the business center to get into the bathroom and to transfer to the toilet.   There are no grab bars.  She has to hold onto the sink, the door, the door knob and the  wall to balance herself.  As I watched her video, I was holding my breath hoping that she didn’t fall.  Kristen is a young Living Able person, but what happens when an older or weaker person is in the same situation?

  • As a hotel owner, what liabilities are you exposing yourself to in this situation?
  • What happens if a disabled hotel guest falls?
  • What is stopping you from providing simple room accommodations to engage more aging guests and disabled hotel guests?

Find Kristen on Facebook and Living Able  

Please call us at Disability Smart Solutions to discuss reviewing your facility for ADA accessibility concerns.  We provide cost-effective action plans to get your facilities compliant that increase the customer loyalty.

Disability Smart Solutions is full-service ADA Consulting firm offering ADA Compliance Access Surveys, Project Consultation, Post-Compliance Audits, All-Ability Customer Service Training, Undercover Disabled Guest Mystery Shopping, Universal Design Product Review and Keynote Speaking.  Please contact us to review your accessibility needs.

  1. Inspect your building for ADA violations
  2. Recommend the changes that need to be made
  3. Recommend how to make the changes
  4. Review the completed changes to make sure that they are completed correctly
  5. Enhance the customer experience
  6. Train your key people
  7. Limit your exposure to ADA lawsuits

 

100 Business Tips to Drive Disabled Consumer Loyalty

Drive Disabled Customer Loyalty By Serving Their Needs

Age-In_Place in your own home.With sales projections showing that 70% of all sales will be conducted online, disabled consumer loyalty is more important than ever before.  The senior 50+ and disabled market segments have tremendous spending power.  People don’t leave their homes just to buy a product.  They go to businesses to enjoy the experience.

At the beginning of the 21st century, those aged 65 or over made up five per cent of the population, in 20 years’ time, this proportion will rise to around 18 million, according to the Office of National Statistics.

Across the globe the number of those aged over 60 will nearly triple by 2050, rising to 2.4 billion, up from 894 million in 2010.

Even though the ADA,  Americans With Disabilities Act as the law for all business facilities, there are many other little things that can be done to increase the customer experience.  Happy customers tell their friends.  Unhappy customers post negative on-line reviews and don’t return.

As business people, we all know that it is harder to get a new customer off the street than it is to make your customer a repeat customer.  A disability-friendly business is a profitable business!

If a senior or disabled customer feels welcome, they will stay longer, spend more, and are more likely to become a repeat customer.

Do you know that less than 5% of disabled consumers use a wheel on a regular basis?

  • You cannot always tell just by looking at a person if they have a disability.

    See www.RollingRains.com for Wheelchair travel tips.
    See www.RollingRains.com for Wheelchair travel tips.
  • Customers with limited mobility, heart conditions, lung conditions and other medical conditions appreciate the use of a motorized shopping cart.
  • A comfortable shopping experience increases the time spent in your store and ultimately increases total sales.
Do you know that the combination of bad in-store customer service experiences and the ease of accessible websites for on-line shopping, an increasing number of senior and disabled consumers are spending their money from home?
  • People enjoy a friendly retail experience.  Shopping is not about products.  It’s about finding a solution and feeling good.  A disability friendly retail business will gain market share.

Customer Service Tips for Disabled and Senior Customers

WELCOME ALL GUESTS

  1. Speak directly to each customer and make eye contact.
  2. You rarely know who is living with a disability just by looking at them.  Many disabilities are invisible.
  3. Only 5% of the disabled population use a wheelchair on a regular basis.
  4. If a guest walks in and then uses the electronic cart, don’t judge them.  Heart conditions and many other conditions cause fatigue.
  5. A comfortable customer will shop longer and spend more.
  6. Disabled Consumers love to shop locally.
  7. Don’t per-judge.
  8. Not every disability is visible, nor is every disability as severe as it might appear.
  9. It’s OK to ask “Is there anything we can do to make your shopping  more convenient?”
  10. Offer specialized help to any customer who asks.
  11. No matter how minor the request, make sure your employees are aware that some requests are unusual.

    Wheelchair photo courtesy of www.rollingrains.com travel blog.
    Wheelchair photo courtesy of www.rollingrains.com travel blog.
  12. If a disabled customer makes an unusual request, as long as the request is safe for everyone,  politely fulfill it.
  13. Always ask first before automatically helping a disabled customer.
  14. Strive for positive feedback from your disabled customers.
  15. Staff should be alert and helpful to all customers.
  16. Train staff to understand the importance of treating all customers with the same amount of respect and courtesy.
  17. If a member of staff knows sign language, let the rest of the staff know.
  18. Train employees to speak directly to a hearing-impaired person, not to their companion. They should speak clearly, not loudly.
  19. Train employees to speak directly to any disabled customer, not to their companion.
  20. Offer disability awareness training to staff.
  21. Encourage persons with disabilities to work at your business
  22. When interviewing persons with disabilities, focus on the candidate’s skills and abilities, not the disability.
  23. Are policies, practices, and procedures flexible enough that, if necessary, modifications can be made to ensure that the skills and abilities of applicants with disabilities are equally represented?
  24. Know American Disabilities Act Employment Laws.

SERVICE DOGS

  1. Allowing service dogs is the LAW.

    Service Dog photo courtesy of www.rollingrains.com
    Service Dog photo courtesy of www.rollingrains.com
  2. Know which questions you may ask a person with a service dog.
  3. Always ask permission before petting service dogs.
  4. Always ask permission to offer a treat to the service dog.
  5. Always ask permission to offer the dog a bowl of water.
  6. Always let the Guest know where the dog can relieve itself.
  7. Provide a grassy area near the business entry for service dog relief.
  8. Provide plastic bags and waste disposal.
  9. It is illegal to question the disabled customer on the type of service dog.
  10. It is illegal to request seeing the service dog certification.
  11. You may only ask if the dog is a service dog and what service the dog performs.
  12. If a disabled consumer has a service dog with them, they need the dog.
  13. The only animals covered in ADA Law for Places of Accommodation are dogs and miniature  horses.  There are other guidelines for housing. (Fair Housing Act.)
  14. Many toy breed dogs are used as seizure and PTSD dogs.  You can’t judge a service dog by its breed.
  15. Don’t judge. Remember there are many hidden disabilities.
  16. As a business, you have the right to expect the service dog handler to control their service dogs behavior.

SAFETY FOR DISABLED CUSTOMERS

  1. Install flashing smoke and fire alarms to alert a deaf customer of emergency.

    Photo courtesey of www.rollingraines.com wheelchair travel advocate.
    Photo courtesy of www.rollingraines.com wheelchair travel advocate.
  2. Train staff to quickly and safely evacuate all people from the building.
  3. Do not block or lock exits.
  4. Have a safety and evacuation plan.
  5. Have an ADA Inspection of your business and correct all areas for ADA compliance.

 STORE ACCESS FOR DISABLED CONSUMERS

  1. Is the entrance to the business accessible to persons with mobility limitations?

    DssRAMP
    The landscape architects at Michael Van Valkenburgh Associates worked with sculptor Martin Puryear to design this courtyard at the New School University. The courtyard includes a spiral ramp that provides wheelchair access to the terrace. Courtesy Michael Van Valkenburgh Associates, Inc.
  2. Install an automatic door button or a door with sensors.
  3. Many  doors are  too heavy for consumers with limited hand strength.
  4. Always be ready to open the door and welcome a customer.
  5. Is the entry to the building on an even hard surface and without steps?
  6. Install a lift or ramp.
  7. Is the entry clean and free of clutter and debris?
  8. If the accessible entrance is not immediately apparent, are there directional signs?
  9. Are there handicapped parking signs and spaces with necessary access space for vans with lifts?
  10. Post a notice on the front door that assistance will be provided for customers with disabilities.
  11. Avoid thick rubber mats or carpeting which may prove to be a trip hazard.
  12. In cases where mats are required, tapered edges will make using a walker or cane safer. In addition, black-and-yellow CAUTION tape may be applied at the edges for higher visibility.

WINDOWS AND GLARE

  1. If large front windows face the morning or afternoon sun, provide light filtering shades to minimize glare.
  2. Glare can make it virtually impossible for a person with some visual impairment to move about safely.

CHECK-OUT AREA AND PROCEDURES FOR DISABLED CONSUMERS

  1. Provide at least one wheelchair-accessible checkout line with a lower counter to sign checks and receipts.
  2. Install tactile buttons at the checkout for customers with limited vision.DSSbrailephone
  3. Provide large fonts on the register screen.
  4. Install audible check out for hearing impaired customers.
  5. Provide a talking UPC bar code reader for hearing impaired consumers.
  6. Provide a handheld CCTV available for customer use in identifying merchandise and prices.
  7. Verify tactile dots on electronic signature screens.
  8. Keep paper and a pen at each register.
  9. When disabled customers use communication devices, ALWAYS be patient and wait for instructions.
  10. Give disabled consumers as much time as they need to check out. Be patient.
  11. If the store policy is for the customer to bag their own groceries, ask permission if the customer if they would like you to bag their groceries.
  12. Do not make any assumptions.
  13. Train staff to ask permission first before offering to assist disabled persons with lifting and carrying items out.

SIGNAGE FOR DISABLED CONSUMERS

  1. Post a notice on the front door that assistance will be provided for customers with disabilities.
  2. ADA Code is very specific about braille signage locations.
  3. Make sure to read the code before investing in braille signage.
  4. Use large easy to find aisle numbers and items signs.
  5. Locate common items  at end caps.

ACCESSIBLE RESTROOMS

  1. All businesses must provide accessible restrooms.
  2. Check the ADA Code. You might be surprised that if your restroom was built prior to 2010, it might be out of ADA compliance.
  3. Don’t clutter the restroom with furniture pieces, plant stands and decorative clutter.
  4. Don’t block access to the restroom.

PROVIDE SEATING AND AN AREA FOR REST

  1. Provide movable seating and accessible tables that accommodate wheelchairs.
  2. Provide benches or chairs for disabled customers to rest. Many customers shop in pairs.
  3. Always make sure that there is a comfortable place for the disabled customer’s companion so that the shopper stays longer and buys more.

AISLES AND MERCHANDISING FOR DISABLED CONSUMERS

  1. Make sure that aisles are wide and meet ADA Code.
  2. Freezer and cooler doors should stay open until manually closed.
  3. Make sure that nothing protrudes into pathways.

    Photo courtesey of www.rollingraines.com wheelchair travel advocate.
    Photo courtesy of www.rollingraines.com wheelchair travel advocate.
  4. Appropriately space displays of merchandise for wheelchairs to maneuver through.
  5. A cluttered store is an uncomfortable store.
  6. People buy more when merchandise is easy to see and reach.
  7. Having excessive merchandise does not mean that consumers are buying more.
  8. A comfortable shopping experience increases total sales per consumer.
  9. Avoiding leaving unattended stacks of inventory in the aisle. Keep aisle clutter free.
  10. If removal of a barrier is not “readily achievable,” are the goods, services, etc. made available through alternative methods? Use high-contrast colored flooring in traffic areas, such as aisle.
  11. Provide large changing rooms with seats and appropriate level clothes hooks for wheelchair access in clothing departments.  Many changing rooms do not meet ADA Code.
  12. Checkered tiles or patterns can help a person with visual impairments find their way through a dark or complex store.
  13. Use different color walls or patterned flooring to delineate different departments.
  14. Different textures of carpet and flooring for help with direction and wayfinding.
  15. Disabled Consumers love to shop locally.
  16. Add a note on your Facebook or Website welcoming “Customers with disabilities – contact us if you need any special assistance.
  17. Make the company’s Website user-friendly to visitors with disabilities.

Disability-friendly businesses understand the tremendous spending power of this consumer segment and do everything in their power to welcome disabled customers to their business. This list is just a beginning. Consider getting a detailed  ADA Inspection and Accessibility Survey with a detail report.  Always remember that if you treat the disabled community well, you will have customers for life.

Disability Smart Solutions is full-service ADA Consulting firm offering ADA Compliance Access Surveys, Project Consultation, Post-Compliance Audits, All-Ability Customer Service Training, Undercover Disabled Guest Mystery Shopping, Universal Design Product Review and Keynote Speaking.  Please contact us to review your accessibility needs.

ADA Compliance
Improve the customer experience and everybody wins.