All posts by Susan Berry

Accessibility Compliance, Accessibility Expert, ADA Compliance, ADA Inspector

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

 

 

Accessibility Speaker, Accessible Business, Accessible mainstreet, Accessible Retail, ADA Workshop

Solving Accessibility Barriers on Mainstreet

Architectural Barriers and Attitude Barriers Business Workshop

Learn what is and is not required in the ADA for business. Wheelchair rental at theme parks are a customer convenience and NOT an ADA requirement. Consumers are responsible for providing their own mobility devices. Many consumers rent an electric scooter for theme park use.
Learn what is and is not required in the ADA for business. Wheelchair rental at theme parks are a customer convenience and NOT an ADA requirement. Consumers are responsible for providing their own mobility devices. Many consumers rent an electric scooter for theme park use.

Identify Common ADA Architectural Barriers and Solutions for the Resort, Restaurant, and Lodging Industry.

This iterative live workshop identifies common ADA Architectural Barriers at resorts, restaurants, and retail businesses.  The workshop may be customized for specific industries, events or times.

 

In this interactive training , we present common ADA architectural barriers, the audience offers their solutions  the moderator then explains the proper solution and why .

We all want our facilities to be safe, comfortable and welcoming for all of out guests.  Many business people do not realize that 20% of the USA population live with a disability, or that consumers  over age 50 are the biggest spenders.  Most business owners have good intentions to follow the ADA, however employees often place items in locations that create barriers to accessibility.

 

Movable barriers block the accessible handrails at the entrance to a store. Many times employees actions create accessibility obstacles.
Movable barriers block the accessible handrails at the entrance to a store. Many times employees actions create accessibility obstacles.

Architectural Barriers Workshop Take-Away Points

  • Define Place of Accommodation and responsibilities for facilities, goods and services.
  • Discuss the most frequent Disability Discrimination Architectural Barriers ADA Litigation.
  • Explain the secretes behind how a Consumers with Disabilities selects a particular business to sue.
  • Review ADA accessible on-line tools.
  • Demonstrate Accessible Path of Travel requirements.
  • Review samples of accessible path, accessible aisles, accessible parking, accessible entries, accessible sidewalks, accessible restrooms, accessible signage and more.
  • Discuss restaurant seating, hotel rooms, salons and spas, retail shopping, casinos and gaming, recreational facilities, swimming pools, fishing docks,  seating, serving food, buffets,  hotel rooms, changing rooms, spas, golf courses, and other resort amenities.
  • Teach the ADA Civil Law obligations and 2012 Florida Building Code obligations that lodging and resort facilities need to be aware of  to meet the needs of guests living with disabilities.

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

We are now scheduling for our 2017 Architectural Barriers ADA Workshops.  Please 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.

Accessibility Compliance

ADA Accessible Parking in Florida

ADA Accessible Parking in Florida

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

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. Every day, 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 safely 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.

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” and the penalty for illegal use of the space.

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 for Florida and the Eastern USA.

Accessibility Compliance, Accessibility FAIL, Accessible Parking, Accessible Resorts and Hotels, Accessible Site Planning

Accessible Path Fail: ADA Design and Construction Bloopers

Access FAIL!  Accessible Parking, YES: Accessible Aisle, YES: Accessible Route, NO!!

As an ADA Inspector for architectural barriers, the new construction BLOOPERS never cease to amaze me! Here’s a new 12′ wide accessible parking space with the required access aisle, correct location, and correct signage; yet no ACCESS ROUTE to the Hotel SIDEWALK!

By ADA law, the disabled person parking here should be able to access the hotel entry without having to cross traffic or travel behind any other parked vehicles. Rolling out into the traffic lane, around the planter, and through the portico is not the solution! The ramp down to the driveway pavement is on the other side of the palm tree planter. SAFETY is a key component to the ADA Standard.

SOLUTION: At no additional cost, the sidewalk could have been designed to ramp down from both sides to a flat landing to meet the access aisle.

ADA Accessible car parking space with an access aisle leading to a curb ramp at the sidewalk
ADA Accessible car parking space with an access aisle leading to a curb ramp at the sidewalk

A curb stop to prevent parked cars from encroaching the sidewalk prevents cars from encroaching an accessible sidewalk are not required, however, they prevent cars from pulling forward and blocking the sidewalk.

If you have any ADA BLOOPERS, please share! For any ADA Access questions, feel free to call.  Susan’s cell, 407-310-3663

Accessibility FAIL, Accessible Cities, Accessible Main Street, Accessible Parallel Parking, Accessible Parking, Accessible Site Planning, ADA Architectural Barriers

Is Parallel Parking Accessible? Accessible New Urbanism

On Street Parallel Parking is NOT Recognized by the ADA Standards

Does anyone with a reasonable conscience believe that a person with a mobility disability should have to stand in traffic to enter and exit their car?

20% of the American population lives with a disability. In my opinion, a lack of accessible parking in redeveloping downtown districts,  perpetuates keeping people with disabilities “out of sight, out of mind” or NIMN, “Not in My Neighborhood.”

Fortunately, this lady in Asheville, NC had a friend to look out for oncoming traffic. The “Reserved Accessible Parking” space was the same width as all of the other parallel parking spaces. There was NO access aisle between the van and the sidewalk.  Having safe distributed accessible parking is crucial in redeveloping walkable cities.

Non-Accessible on street parallel parking space. The access aisle leads to a raised curb.. Downtown urban renewal.
Non-Accessible on street parallel parking space. The access aisle leads to a raised curb.. Downtown urban renewal. Main-street city.

The ADA Code requires all “Handicapped Parking Spaces” to have an access space next to a car or van for a lift for mobility devices.

In Florida, all Accessible Parking Spaces must be 12 feet wide plus a 5-foot access aisle for a total of 17 feet.

Nationally, ADA requires 8 feet for an accessible car plus an 8-foot access aisle or 11 feet for an accessible van plus 5 feet for an access aisle.   All of the Accessible parking spaces require a total of 16 feet in width.

A situation came to my attention today in the City Beautiful. A City that promotes itself as inclusive. A paraplegic, who uses a van with a full lift, purchased an in-fill condominium in a Historic District. The condominium building, a re-purposed award-winning historical retrofit, has individual car parking garages for each unit.

Accessible vans are often taller than a standard garage door.  In commercial buildings with parking garages, clearances are mandatory for accessible van parking. In a smaller unit residential building, standard car height individual garages are allowed.

The developer asked the city to allow them to build a van accessible parking space, with an accessible path, to this individuals condo unit door on their own property. The City Historical Board denied allowing the paraplegic woman building a parking space on her property.

The City Historical Boards solution was that they would add a PUBLIC “accessible parking” sign to one of their existing parallel parking spaces on the existing narrow public street.

Parallel on-street parking is NOT accessible, without the added side access aisle.  Since the accessible parking space requested was for a van, it would have required 17′ in clear width, which certainly wasn’t available on the street.

This City board saw their “Historical Code” as a priority over Equal Access .

The Department of Justice has worked tirelessly to create the ADA, Americans with Disabilities Act, to assure architectural access for all. It is possible to design historically relevant accessible features and I am available to show any agency how.

Please send your colleagues and Historical Boards in my direction, for Disability Smart Solutions to assist them in employee training and accessible urban solutions. Susan’s cell: 407-310-3663

Accessible Business, ADA, ADA Compliance, ADA Workshop Topic, Americans with Disabilities Act, Conference Speaker Diversity, Customer Service, Customer Service Workshop, Disability Awareness Workshop, Disability Friendly Business, Disabled Consumers, Disabled Customers, Keynote Speaker, Orlando Speaker, PTSD Service Dogs

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 Workshops.  Please 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

 

Accessible Business, ADA, ADA Compliance, ADA Workshop Topic, Americans with Disabilities Act, Conference Speaker Diversity, Customer Service, Customer Service Workshop, Disability Awareness Workshop, Disability Friendly Business, Disabled Consumers, Disabled Customers, Keynote Speaker, Orlando Speaker, Senior Consumers, Uncategorized

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 Workshops.  Please 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

 

ADA, ADA Compliance, Americans with Disabilities Act, Customer Service, Keynote Speaker

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).

Accessibility FAIL, Accessible Business, ADA FAIL

A Safe Accessible Business Matters

Safe Accessible Ramps are a MUST for Disabled Customers

The only ramp near the Handicap parking space. A broken concrete ramp was furhter down and blocked by a concrete curb and standard parking space. This is in Downtown Orlando on Colonial Drive. You would think that someone would care!
The only ramp near the Handicap parking space. A broken concrete ramp was further down and blocked by a concrete curb and standard parking space. This is in Downtown Orlando on Colonial Drive. You would think that someone would care!

A safely accessible business matters for all customers.

My friend, who has MS, Multiple Sclerosis fell on this rotten “not to code” unsafe ramp by the handicapped parking space of a popular downtown Orlando  Mills-50-Vi Mi District restaurant.  Garbage, empty boxes, rat traps, loose door mats and grease on the sidewalk should have been our first clue to stay in the car.

DSSADArampWe think that the accessible parking spaces are usually used for their delivery vans and the makeshift rotten wooden ramps are for their delivery carts.  This is not just an assumption.  Employees were unloading produce from their van in the adjacent handicapped parking space.

This is an international business district, but it is not a 3rd world nation without ADA Accessibility codes!  Why does Orlando code enforcement FAIL to enforce ADA accessibility codes at this business?  Why doesn’t this restaurant owner care enough to accommodate his customers who live with physical disabilities?

Not only did my friend lose her balance and fall on the wobbly rotten wood plank ramp, but several employees passed her without offering assistance.

Accessible ramps are not just for people who use wheelchairs.  They are also for people with a limited range of motion who have difficulty raising their foot up a short step.

There is an unmarked concrete ramp further down the sidewalk, however, it is blocked with a concrete curb stop and a standard parking space with a parked car.  We could not get past the parked car to access the concrete ramp.  You can see it in the picture.   It was not a usable safe accessible ramp.

The blocked ramp might be their “loophole” from providing safely accessible ramps for their customers.  This is the type of architectural barrier, combined with a negative employee customer service experience, that drives people living with physical disabilities to sue business and building owners to enforce ADA compliance.

Providing safely accessible ramps is not only the law, but it is a gracious expression of respect for other people.

At Disability Smart Solutions, we work with businesses and building owners who want to make sure that their business is ADA compliant and Disabled Consumer Friendly. We do not go out of our way to point out buildings that are non-compliant, however, this situation made my blood BOIL! I wrote this article to demonstrate the REALITY of a non-compliant business and the impact on REAL people who live with a disability.

Please feel free to share.

Disability Smart Solutions is full-service ADA Consulting firm offering ADA Compliance Access Surveys, Post-Compliance Audits, All-Ability Customer Service Training, Undercover Disabled Guest Mystery Shopping, 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
Conference Speaker Diversity, Customer Service Workshop, Disability Awareness Workshop, Keynote Speaker, Senior Consumers

Increase Your Bottom Line: Engage ALL Ability Consumers

Increase Your Bottom Line: Engage ALL Ability Consumers

Cheers!

People who live with disabilities enjoy restaurants, bars, casinos, museums, recreational facilities, travel, and shopping just like everyone else.  Our training workshop teaches businesses techniques to Engage all ability consumers.

Disability Smart Solutions provides  highly interactive presentations focus on building and retaining new business, increasing loyalty, diversity, excellent customer service,  and empowering employees to welcome senior customers and consumers living with disabilities.  “Increase Your Bottom Line By Engaging All Ability Consumers” is one of our most popular speaking topics for 2015. Meeting planners can find all of our Workshop topics, speaker fees and type of presentations by following the links.  We offer many bonus items to add marketing value for meeting planners. Please contact us.

Did you know that only 5% of people who live with a disability are wheelchair users?

When improperly trained  employees make assumptions because of a person’s physical  appearance that may result in an ADA discrimination situation.  Smart people might look different and people who appear “perfectly healthy” might live with hidden disabilities.  We never know about a person’s physical and mental abilities or disabilities  just by looking at them.  Excellent customer service for everyone is key to a successful business.

Do you know that of the 69.6 billion people in America,  28.7% of families have at least one member with a disability?

Do you know that people with disabilities constitute our nation’s largest minority group and they are the only group that anyone could become a member of at any time?

  •  This training demonstrates ways to engage  and retain consumers who live with different types of disabilities.
  • We discuss communications skills, customer service, disability etiquette and how to avoid unintentional discrimination. 
  • We dispel assumptions about the aging baby Boomer population.
  • We practice different situations and discuss different ethical questions in this seminar.
  • We discuss common situations that lead to ADA accessibility discrimination litigation.
  • Participants gain the tools to understand different disabilities and how to engage loyal customers.
  • Participants learn the financial power of 50+ Seniors and people who live with disabilities.

We are now scheduling for our 2015 workshops.  All workshops are customizable for our client’s audience.  Please contact us to review your needs and get on our schedule.

Customer Service, Disability Friendly Business, Disabled Consumers, Disabled Customers, Uncategorized

Disabled Customers: Country

Disabled Customers Find Great Service in the Country

Nothing beats a country store that believes in old fashioned southern hospitality to graciously meet the needs of their disabled customers.

We’ve been driving out to A.W. Peterson Gun Store and Museum for a few  decades for repairs and fresh air.  Hunters, outdoor men, law enforcement, veterans, cowboys, and collectors have been going to this small country business for generations.  Mr. Baker opened the 118-year-old business in Mount Dora in 1953.  We were told that parts of the old pecky cypress building are from the 1890s.

Disabled customers appreciate a ramp and friendly service. A welcoming front porch for ALL. Disability Smart Solutions.
Disabled customers appreciate a ramp and friendly service. A welcoming front porch for ALL. Disability Smart Solutions.

While the handicap ramp and sand parking lot might not meet the current code, it is sturdy and meets the needs of most disabled customers.  Inside the store, the well-worn wooden floors are smooth and the aisles are all wide enough for disabled customers to easily maneuver a wheelchair or scooter.  It’s been a few years since my last visit, but this time, I noticed that the aisles are now clear of any protrusions, making it comfortable for disabled customers with limited visibility.

The store is a comfortable place to shop or just to just  check out all of the old hunting trophies and vintage collectibles.  I always appreciate a store with plenty of places to sit.  Many times disabled customers might want to sit for a few minutes and relax before continuing shopping.  We often forget how many people living with a disability have limited stamina or muscle strength.

Bella, an Australian Kelpie who is a Deaf Alert Service dog, chilling in the grass. Disability Smart Solutions
Bella, an Australian Kelpie who is a Deaf Alert Service dog, chilling in the grass

I took advantage of the porch chairs to work on “sit” training with our service dog, Bella.  She was our daughters Deaf Alert dog.  Since our daughter has been in boarding school for the past 3 years, Bella has become a lazy pet.  We spent 20 minutes sitting on the porch without her moving to acknowledge people who walked in and out of the store.  She remembered.  Disabled customers with service dogs are welcome in Peterson’s.  I brought in Bella, without a vest, and all I heard was “what a pretty dog.”

The best part about A.W. Peterson’s gunsmith, is that he is honest and if he can fix it while you wait, he will.  My husband brought a jammed French collectible firearm to a Big Box sports store in Lake Mary.  After a two week wait, he was charged $69.00 and told that they couldn’t fix the problem.  The gunsmith at Petersons, spent some time examining it and discovered that there was old lint compacted in the barrel.  He charged $30 and spent  less than 30 minutes making the repair.  Nothing beats a great customer service experience, except a great customer service experience with a trip to the country.

ABOUT US

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.

Accessible Guest Room, Customer Service, Disabled Customers, Universal Design

GKTW: Utimate Accessible Resort

Give Kids The World:  The Ultimate Accessible Resort Where Dreams Come True and Memories are Made

Tom and I recently visited Give Kids the World, an accessible resort that provides memorable, magical, cost-free experiences to children with life-threatening illnesses and their families. We were guests of GKTW for their Central Florida Bloggers Bash, sponsored by Mom it Forward and Central Florida Lady Bloggers.

GKTW Founder: Henri Lanwirth
Bronze statue of Henri Landwirth, founder of Give Kids The World

One thing few people know about me is that in the late 1980’s, after leaving Disney’s Live Show Design department, I joined the architectural studio of Benjamin P. Butera, AIA.  Ben is a visionary architect, who worked alongside GKTW founder Henri Landwirth in the original planning and design of the village.  26 years later, Ben is still on the team.  I was lucky enough to be part of that original design team.  

I always recommend Henri’s inspiring autobiography “The Gift of Life” to anyone starting a non-profit or anyone who is wondering how they can make a difference in this world.  The story  starts with Henri’s life as a young prisoner in the WW2 Holocaust concentration camps, his survival and journey to working in hotels in New York, to finding his twin sister in America, to managing the hottest Florida space   coast hotel during the Space Race of the 1960’s, to developing his Holiday Inn in the early Walt Disney World days, to founding Give Kids The World.  His friends Walter Chronkite and astronaut John Glenn  wrote the foreword and afterword.  The book is an inspiration for everyone to do their best.

Sitting in on design meetings with GKTW founder Henri Landwirth, he planted the seeds that:

Good architecture always accommodates and serves all people.

When you see a need, create the solution.

The gates of GKTW opened in 1989.  Today the Village is a 70-acre resort with over 144 accessible Villas, accommodations, entertainment attractions, whimsical venues and fun designed specifically for children with special needs.  With the help of many generous people, companies and partners, Give Kids The World has welcomed over 132,000 families from all 50 states and 75 countries.

Accessible Resort Restaurant at GKTW

IMG_4264
The Give Kids The World Gingerbread House Restaurant. The original building had a simple gable roof. The parts on the top were built to add character. The roof is supposed to look like cake frosting and the beam at the entry is a vanilla wafer.
IMG_4243
The Gingerbread House restaurant is a recognized symbol of Give Kids The World. Child-sized tables decorated with 27,000 real peppermint candies, over 2,000 dolls from around the world and the thoughtfulness of Angels (volunteers), all make the Gingerbread House more than just a restaurant.

One day Ben was handed me the blueprints for Ginger Bread House restaurant that Perkins donated to Give Kids The World  It was a very ordinary looking commercial style building with some Victorian brackets here and there.  It was nothing special at all.   From my quick marker and pen sketch, the iconic GKTW gingerbread house was born.  Little did I know at that time, that this building  would be recognized around the world as a place of loving and caring.

Accessible Resort Villas at GKTW

Accessible bath tub
Large soaker tub with grab bars in the accessible vacation villa at Give kids the World
IMG_4283
Roll-in shower in the Give Kids The World vacation villa

One of the early projects we designed were the original accessible resort Villas.  I was still single then and had no clue that children living with a disability or life-threatening disease might have to shower flat or require the assistance of two people to bathe.  This is where I first learned that accessibility is much more than what is written as the acceptable minimum standard in the Federal ADA, American With Disabilities Code.

Visiting a new villa was a highlight. The guest suites of this accessible resort take all abilities into consideration in the design.   Here are the photos.  Since kids usually take baths, this unit is designed with a large bath tub.  The shower doesn’t have grab bars.

IMG_4280
Accessible toilet and vanity sink in the Give Kids The World Vacation Villa

Often children who are wheelchair users use a shower chair and have their parents assistance in bathing.  The handheld shower is the important part.  I was surprised that there wasn’t a hand held shower at the tub to assist with bathing or a slide bar at the shower to position the shower head.

The large accessible toilet is set up for an easy transfer.  The accessible sink vanity is higher with a lever faucet and knee protection from hot plumbing pipes. IMG_4281 The adjacent sink is a little lower to accommodate children.  All of these features are part of Universal Design.  The accessible resort cheerful kids room has two twin beds and plenty of space to roll around or play.  The beds are high to accommodate sliding a hoyer lift under the bed for transfer.

The accessible resort kids room has plenty of space to move around. The bed is raised to fit a hoyer lift to transfer a child.

The front porch of each accessible villa provides a smooth transition from the sidewalk through the front door.  We enjoyed tasting Gigi’s Cupcakes as we toured universally designed villa.

IMG_4272
Give kids The World accessible villa. Notice the smooth transition in floor surfaces and the huge front porch.

Accessible Resort Chapel at Give Kids The World

We didn’t get a chance to walk inside the chapel during this visit. Henri Landwirth requested that we design a chapel so that the parents would have a place of peace.  We designed it as a Victorian tower added to the existing administration buildings.  I learned that for many of the children, their last wish is to come to Disney and meet their favorite characters.  Some have even passed away in the arms of their wish character or while visiting GKTW.

Every night the GKTW village celebrates a different holiday like Christmas, Easter, and Halloween.  They try to pack as many happy memories int as short a period of time possible.  Having a place for prayer and meditation offers a place for release.

IMG_4238
GKTW chapel. I designed the chapel with Benjamin P. Butera architects in the late 1980s. The chapel anchored the existing administration building.

GKTWchapelThe hexagon shaped chapel has 4 huge stain glass windows representing Spring, Summer, Autumn and Winter.  There is a ring of hand painted clouds above leading to heaven.

 Walk-In Accessible Pool and Water Park

Every night there is a pool party with music, bubbles, and a D.J.

The evening when were there it was a pirate themed party.  You can see the pirate ship in the background.

IMG_4288
Accessible water park

There are PVC wheelchairs for kids to use to just roll right into the accessible walk-in pool or the water park.

IMG_4290
Accessible walk in or roll in pool.

  Accessible Enchanted Carousel

GKTW
Castle of Miracles and Enchanted Carousel at GKTW
IMG_4265
A wheelchair can slide inside the turtle for a magically enchanted carousel ride.

One of our favorite venues is the Castle of Miracles and Enchanted Carousel. The Castle includes Twinkle Hope’s La Ti Da Royal Spa, a mysterious forest to explore, Father Time, a Wishing Well that burps, Rusty the friendly guard and a Great Hall full of magic. Waiting for all Wish Children is the Star Fairy, who magically soars into the night placing the Gold Stars on the Castle ceiling.  Even children who are wheel chair users can enjoy sitting in the turtle on the merry go round.

The Ice Cream Palace serves Ice Cream Morning Noon and Night!

GKTW ice cream
Kids can have ice cream for every meal at the Ice Cream Palace

Give Kids The World ensures that every venue, activity and villa fully accommodates all of our precious guests. From The Park of Dreams pool to The Garden of Hope pathways, everything at GKTW’s whimsical Village is wheelchair accessible. A former wish mom recalls her family’s wonderful experience here at the Village.

“Our stay at GKTW was amazing and I wouldn’t change a thing. Everyone was so compassionate, thoughtful and treated us like a member of their family. It’s amazing to visit a place that meets the needs of such special children. There are not many places, which we go to as a family, that accommodate wheelchairs. Our family was so happy that my daughter could partake in the same activities as the other family members – even swimming and horseback riding! I would like to thank GKTW for this beautiful experience,” – former wish child, Juvollia’s family.king my daughter’s wish come true but for fulfilling my dream of keeping my entire family together. You have touched our hearts and we will .

Future Expansion, GKTW Town Hall

IMG_4262
The New Town Hall at Give Kids The World will add new dining space. The existing Gingerbread House restaurant has gotten too small for all of the families and guests that visit each day.

 

 

 

About Us

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.

Accessibility FAIL, Accessible Restrooms, ADA Compliance, ADA FAIL

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.

ADA, Americans with Disabilities Act, Disabled Veterans, PTSD Service Dogs

PTSD Service Dogs, Life Savers

 

PTSD Service Dogs can save a person’s life! There are waiting lists of 2 to 3.5 years for disabled veterans who need a trained PTSD Service Dog.  Why?

I have served on the Board of Directors of The Dog Liberator since it’s inception.  The Dog Liberator is a non-profit organization dedicated to rescuing homeless and abandoned dogs, primarily dogs from high-kill shelters and owners who can no longer care for them. By working with committed volunteers, local veterinarians, trainers, and foster homes, TDL has been able to rescue hundreds of dogs every year.  From June of 2009 to date, TDL has rescued, rehabilitated, spay/neutered, and re-homed over 700 dogs throughout the Southeast.   The adopted dogs have gone on to lives as service dogs, working dogs, and pets.

Service Dogs for Veterans with PTSD can prevent suicide. PTSD Service Dogs save lives.
Service Dogs for Veterans with PTSD can prevent suicide. PTSD Service Dogs save lives.

Last week a person contacted The Dog Liberator requesting assistance in re-homing a fully trained PTSD and seizure alert German Shepherd, whose owner had passed away.  The dog’s guardian will assist in selecting the new owner who most closely meets the dog’s needs.

The transition will include a foster period and training with a professional service dog trainer.

On Veteran’s Day, the dog was posted  to Facebook.  The post received over 250 shares and over 90,000 views.  By the next day, more than 40 people had contacted The Dog Liberator wanting the dog.  Many of the stories were heartbreaking.

We were surprised by how many people assumed that any “Service Dog” could perform  “ANY” service.

We were surprised by people who did not understand that they would need to work with a professional trainer to see if this Service Dog was a fit for them and to ensure that they were properly engaging with the dog and his abilities.

We were surprised by how many people did not realize that there are many different facets to PTSD and that individual Service Dogs are trained for specific tasks for specific people.

Several inquiries were identified as people who had the intention of selling the dog for a high profit.   The outpouring of attention brought the overwhelming need for trained Alert PTSD Service Dogs to the forefront.  None of us had any idea how difficult it is for disabled veterans and people living  with PTSD and/or brain injuries too quickly and inexpensively acquire a trained Alert PTSD Service Dog.  We witnessed first hand a lot of misinformation

Heartbreak!

Service Dogs for Veterans with PTSD can prevent suicide. PTSD Service Dogs save lives.
Service Dogs for Veterans with PTSD can prevent suicide. PTSD Service Dogs save lives.

The most heartbreaking story came from an out of state veteran who works with other veterans with PTSD and brain injuries.

He confirmed that there is a 2 year to 3.5 plus year waiting period for trained PTSD Service Dogs in his state.

He told us that in his county alone, 22 veterans with PTSD and/or brain injuries committed suicide last year and 17 veterans so far in 2014 have committed suicide.  I choke back tears just writing this and thinking of these selfless individuals who served our country and now suffer alone.

We spoke to another disabled veteran in Wisconsin with PTSD.  She told us that her wait was much shorter and her fees much lower.  Her service dog is a seizure alert, heart attack alert and PTSD dog who carries her medications and instructions.   Once she was introduced to her breeder, her interactions with her puppy began at birth.  As soon as the puppy was old enough to  leave his mother,  they participated in a weekly training session at her own home for 10 months.  She didn’t discuss the fees but told me that the total was significantly less than mentioned above.  The key to her training was having the puppy sleep on her heart from the day he was born.  Dogs quickly clue into their person’s body signals.

How do we get more PTSD Service Dogs trained quickly and into these Veterans homes?

Service Dogs for Veterans with PTSD can prevent suicide. Please read our latest post at Disability Smart Solutions. PTSD Service Dogs save lives.Our disabled veteran friend in Wisconsin  told me that in her state the prisoners train abandoned dogs from the animal shelters as PTSD and Alert Service Dogs.  They have a work program that is coordinated with the local Veterans organization.  The prisoners enjoy the interaction with their dogs and know that their work will make the difference in a veteran’s life.   By  minimizing training fees, they can  train the services dogs quickly and at a lower cost.  It sounds like a win-win program that should be duplicated across the country.  How does that happen?

Suicide Rates Among Veterans

Per CNN September 2013 article.

  • (CNN) — Every day, 22 veterans take their own lives. That’s a suicide every 65 minutes. As shocking as the number is, it may actually be higher.
  • Nearly one in five suicides nationally is a veteran, even though veterans make up about 10% of the U.S. population.
  • “There’s probably a tidal wave of suicides coming,” says Brian Kinsella, an Iraq war veteran who started Stop Soldier Suicide, a nonprofit group that works to raise awareness of suicide. Between October 2006 and June 2013, the Veterans Crisis Line received more than 890,000 calls. That number does not include chats and texts.
  • Per our Wisconsin disabled veteran friend, she believes that many veteran suicides are related to changes in medications, difficulty getting medical services,  cutbacks in pain medications, living with extreme physical pain, feeling abandoned and a feeling of “hopelessness.”

What is PTSD, Post Traumatic Stress Disorder?   

Post-traumatic stress disorder (PTSD) is a debilitating anxiety disorder that occurs after experiencing or witnessing a traumatic event that involves either a real or perceived threat of injury or death.   In the old days, veterans referred to it as “shell shock.”

PTSD sufferers have a heightened sense of danger and impending doom. Their natural “fight or flight response” is damaged, causing them to feel stressed or fearful even in safe situations.

Many disabled veterans with PTSD experience: 

  • flashbacks, in which it feels as if the event is occurring over and over
  • intrusive, vivid memories of the event
  • frequent nightmares about the event
  • mental or physical discomfort when reminded of the event
  • emotional apathy
  • detachment from or lack of interest in daily activities
  • amnesia (memory loss) about the actual event
  • inability to express feelings
  • avoidance of people or situations that are reminders of the event
  • difficulty concentrating
  • startling easily
  • exaggerated response to startling events
  • constantly feeling on guard (hypervigilance)
  • irritability or bouts of anger
  • difficulty falling or staying asleep
  • may be plagued by guilt, worry, and depression
  • susceptible to panic attacks, which can cause:
  • agitation or excitability
  • dizziness
  • lightheadedness or fainting
  • racing or pounding heart
  • headache
  • PAIN and fluctuations in availability of medications

Is there a way to identify and rescue more homeless dogs with the intuitive abilities to be trained as PTSD Alert Service Dogs and connect them with Veterans who need them?

Things we learned about Service Dogs!

  1. There is between a 2 year and 3.5-year waiting list for Disabled Veterans with PTSD who want and need a trained Service Dog.
  2. Many PTSD Service Dog trainers charge the Veteran between $12,000 and $25,000 for a “Certified” dog.  Only a few are donor supported.
  3. There is NO Federal ADA endorsed or supported certification.
  4. Certifications for Service Dogs are through the different societies who train the service dogs for different purposes.
  5. The ADA states that a Service Dog must be trained, but they do not specify who must train the dog.
  6. The ADA does not require a certificate of certification for a Service Dog.
  7. The ADA Federal Law mandates that a place of business, including food service, may not deny service to a person with a Service Dog.
  8. A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
  9. There are “do it yourself” training programs for PTSD service dogs available on-line.
  10. Many people confuse Emotional Support Animals with Service Dogs.
  11. Emotional Support Animals are not protected as Service Dogs under the ADA.
  12. It is illegal to pretend that a Pet is a Service Dog.
  13. There are many companies on-line that sell fake Service Dog certificates.
  14. Service Dogs are trained to be good citizens in public.
  15.  A business owner may ask a person with a Service Dog to leave if the person does not maintain proper control of the animal.
  16. Food service businesses may not claim Health Laws to prevent a person with a Service Dog from entering their business.
  17. The Fair Housing Act for housing and The ADA for Public Places of Accommodation follow different rules.

The ADA law only permits a business to ask 2 questions about the Service Dog.

Gisele, the founder of The Dog Liberator. Service Dogs for Veterans with PTSD can prevent suicide. PTSD Service Dogs save lives.
Gisele, the founder of The Dog Liberator. Service Dogs for Veterans with PTSD can prevent suicide. PTSD Service Dogs save lives.

Is the dog a service animal required because of a disability?

What work or task has the dog been trained to perform?

By law, Staff cannot ask a Disabled Person:

  • about a person’s disability
  • to show or require medical documentation
  • to show or require a special identification card or training documentation for the dog
  • ask that the dog demonstrates its ability to perform the work or task

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.

Barbi, a Deaf Alert Service Dog
Barbi, a Deaf Alert Service Dog

Examples of such work or tasks include:

  • guiding people who are blind
  • alerting people who are deaf
  • pulling a wheelchair
  • alerting and protecting a person who is having a seizure
  • reminding a person with mental illness to take prescribed medications
  • calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack

Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability.

Dogs and other animals whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

  • ONLY Dogs and in some cases miniature horses are recognized by the ADA as service animals.

Disability Smart Solutions offers FREE public service talks to community organizations about Service Dogs and other ADA issues. Please contact us if you need a speaker.

We train businesses about Service Dogs and offer an Undercover Mystery Disabled Guest with Service Dog site survey to business owners.

Accessible Housing, Americans with Disabilities Act, Universal Design, Universal Design for Housing

Universal Design or ADA?

The Difference between Universal Design and the ADA

Universal Design,  What is it?

Lumingrids
Lumigrids, Universal Design grid light projection defines the surface ahead for safe passage

Universal design makes products, houses, buildings and spaces easier, safer and more user-friendly for the widest range of people.

Disability Smart Solutions consults with manufacturers and inventors of universal design products.  We often recommend universal design solutions in our ADA Accessibility Surveys and Compliance Reports.   Please contact us to  review your product.

Lumigrids are a great example of a product that solves a problem that young able-bodied people often don’t think about.  The small mounted grid light projects a path on the ground ahead showing the location of any uneven surfaces.  This example of a universal design tool shows a man riding a bicycle at night.  The light becomes an accessibility product when mounted to the front of a walker or wheelchair.  The grid can aid people with limited visibility or create a safe path to follow at night.  Inventions and ideas like this that might have initially been invented for military use, are part of Universal design.

SeeSaw bathtub
The Flume ‘See-saw’ Tub for the physically disabled. Designers: Kim Jung Su, Yoon Ji Soo, and Kim Dong Hwan.

Universal Design evolved from accessible design to address needs not covered by the ADA, American Disabilities Act.

Universal Design recognizes a wider spectrum of abilities, to create things that are easier for everyone to use.

Universal Design includes the full spectrum of human motion.

 

LED faucet
Sweet LED faucet lights for kitchen or bathroom Blue light changes red when water heats up

 

Universal Design applies to any product that ranging from appliances to cars, to door handles, to hair brushes, to smartphones.

Universal Design applies to any type of architecture, including homes, public and commercial buildings.

key turner
The Key Turner promotes better grip and turning leverage when using a key. Those with arthritis or carpal tunnel will find the key an extremely useful tool. The Key Turner’s handle has two large finger holes for increased maneuverability.

Universal Design for homes helps older adults with Aging In Place products and spaces that are easier and safer to use.

Universal Design for housing, provides accessible design standards that are not included in CODE. Universal Design can apply to the community at large through urban planning, public transit, and New Urbanism.

What is the difference between Universal Design and the Americans with Disabilities Act?

  • The ADA,  Americans with Disabilities Act is legislation.
  • The ADA includes the 2010 ADA Standards for Accessible Design, which are the minimum requirements for accessible buildings and facilities.
  • Universal Design is not a regulation.
  • The ADA focuses on protecting the civil rights of people with disabilities.
  • UDkitchen2
    Universal design kitchen for a wheelchair user. Elevating sink, dishwasher drawer, microwave drawer, easy reach electrical outlets and lowered surfaces.

    Universal Design suggests best design practices to  meet the needs of a wide range of people.

  • The ADA does not apply to single-family housing.

 

ELIO Illuma Grip LED Grab Bars
ELIO Illuma Grip LED Grab Bars
  • Universal Design for housing brings accessibility  features to single family homes and commercial buildings.

Please share your Universal Design products with us.

Universal Design consultations and product reviews are available by our accessibility experts.

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
Accessibility FAIL, ADA Compliance, ADA FAIL

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.

Accessibility FAIL, Accessible Restrooms, ADA Compliance

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.

Accessible Homeless Shelter, Accessible Ministry, ADA Compliance, Disability Friendly Business, Disabled Consumers, Hydroponic Healing Garden

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.

Accessible Guest Room, ADA Compliance, Living Able

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

 

Customer Service, Disability Friendly Business, Disabled Consumers

Disability Courtesy, 40 Tips

Disability etiquette or disability courtesy are just plain  good manners!

Customer service
Serve your customers well and they will serve you!

Disability etiquette, disability courtesy and just plain old good manners are the same thing!

 Many people think that there are special rules, so they avoid interacting with people with disabilities because of their own awkward feelings.

Disability courtesy is not a set of secret rules.   A great rule of thumb is, if you would politely say it to your granny, it’s OK.  Polite is polite.

Quick list of specific disability courtesy tips.

Courtesy Tips for Interactions with Anyone

 

  1. Always speak directly to a person who has a disability, rather than trough a companion who might be with them.
  2. Always ask first before helping someone with a disability.
    • Some people will appreciate that you asked, others might be offended.
    • Listen to any instructions before you act.
  3. Always remember to offer to shake hands.
    • Wait for them to extend a hand first or let them offer another option.  Be gentle.  we never know someone’s level of hidden physical pain or limited mobility.
  4. Be patient! Let the person set the pace in walking or talking.
    • Be considerate of any extra time it might take for the person who has a disability to get things done.
  5. Relax!  Don’t feel embarrassed if you happen to say a common expression like “I’ll see you later” or “I’ve got to run.”  Those are normal parts of speech.
  6. Don’t patronize!
  7. When planning an event involving persons with disabilities, consider their needs ahead of time.
    • If there is an insurmountable barrier, let them know prior to the event.
    • For example, “Uncle Bob, the steps to the top of the hill where Kitty and Bobby are getting married are pretty steep. We are going to set up a video feed where, if you like,  you may watch the wedding in the air conditioned reception building.”

Courtesy Tips  for Interacting with Wheelchair Users

  1. Someone using a wheelchair is not “wheelchair bound.”  The wheelchair is a mobility device.  Different people have different levels of mobility.
  2. Leaning on a person’s wheelchair is like leaning on a person.  A wheelchair is an extension of personal space.    Respect it!
  3. Treat adults like adults.
  4. Don’t patronize someone by patting them on the head. They are not a dog!
  5. You wouldn’t grab someone’s leg without asking, so don’t touch someone’s wheelchair without first asking and receiving permission.
  6. After a few minutes of conversation, put yourself on the same level as a person in a wheelchair.  It will spare both of your from a stiff neck!
    • You won’t stand while holding a long conversation with someone seated, so think of it the same way when you are speaking to someone seated in a wheelchair.
  7. When giving directions to someone using a wheelchair, think ahead of the shortest path and any obstacles that might be in their way.
    • “I believe the park restrooms are about 200 yards ahead and they you will  to turn left for about 100 feet to reach the ramp on the right side of the restroom building.  I believe that there are steps to the left.”

Courtesy Tips for Interacting with People Who are Vision Impaired

  1.  Always identify yourself when speaking with a person with a vision impairment.
    • Example:  “Hi Bob, it’s Lola.”
  2. Always identify who you are with.
    • Example:   “Hi Bob, I have my son Bubba with me to my right, Aunt Hilda is to my left with her poodle Sweetie Pie.”
  3. When speaking in a group, always mention the person’s name when speaking directly to them.
    • Example:  “Bob, are you joining us on the balcony?”
  4. Always let the person with a vision impairment know when you are leaving the room.
    • Example:  “Bob, I am heading to the kitchen, can I bring you a glass of tea?”
  5. Always let the person with a vision impairment know when the conversation is over.
    • Example: “Bob, it was great talking with you, I need to leave now.  Is there anything else you need from me? “
  6. Always speak in a normal tone and volume. People do not hear with their eyes!
  7. Offer a person with vision impairment your arm.  Talk about where you are going.
    • Example: “We have 2 steps down about five feet ahead” or “this sidewalk sure has a lot of cracks.”
    • Do not propel or lead them.  Just gently be their guide.
  8. When giving directions to a person who has a visual impairment, use distances and describe the path.
    1. Example: ” The hot dog cart is 200 yards directly ahead on the right.  There sure are a lot of kids riding their bikes on the sidewalk today.”

Courtesy Tips for Interacting with People Who are  Hearing Impaired

  1. It’s OK to gently tap a person with a hearing impairment to get their attention.
  2. Do not startle someone by tapping them from behind.
  3. It’s OK to wave your hand to get a person with a hearing impairments attention.
  4. Never ask “do you read lips?”
  5. When speaking, look directly at a person who has a hearing disability.
  6. The average person reading lips will only understand about 25 percent of the conversation.  Follow-up with e-mail, when possible.
  7. If you have a friend, family member or co-worker who used American Sign Language, consider learning some basic sign language.
  8. Speak slowly (at a normal pace), clearly and expressively to determine if the person reads lips.  Many hearing impaired people have some level of hearing.  Sometimes hearing loss may affect they way they hear volume, certain letters, tones of sound or pitches of sound.
  9. Not everyone with hearing loss reads lips. They might rely on your expressions and your body language to understand the tone or direction of the conversation.
  10. Don’t shout!  It just makes you look crazy!
  11. Ask the person if they would like you to write down what you are saying.   Write clearly.
  12. Be considerate by facing a light source.  No one can read lips in the dark!
  13. If you are dining, keep food and drinks away from your mouth when you are speaking.
  14. Keep your mustaches well-trimmed, if you need to speak with a person with a hearing impairment.

Courtesy Tips for Communicating With People Who have a Speech Impairment

  1. Give  your whole, unhurried attention when speaking with someone who has a speech impairment or difficulty speaking.
  2. Keep your manner calm and encouraging rather than correcting.
  3. Be patient!  Do not speak for the person.
  4. It’s OK to clarify what the person said by asking a question they can answer with a simple nod of the head.
    • Example: “Oscar, you would like a  large glass of orange juice.  Is that right?”
  5. Never pretend to understand.  Always ask.  Repeat what you understand.
    •  Example: “Oscar, do you want to go to the store now or later this afternoon?”  The person’s reaction will guide you.

Common courtesy goes a long way when speaking with anyone.  Disability courtesy is simply treating people the way that you would want to be treated.  Remember that your body language, tone, facial expressions, hand and arm motions are all observed.  People know the difference between polite and rude! It’s important to remember that a person with a special need is a person first.   Communicate with them as you would communicate with anyone else.  If you are unsure what to do, simply ask them. Disability Smart Solutions knows that fixing buildings and public spaces to meet the everyday challenges of people living with a disability is simply meeting ADA Code and spending the money to make the improvements.  We know that lives are changed when people learn how to extend courtesy to people with disability. Disability Smart Solutions offers employee training programs that teach Disability Etiquette.  Great customer service is the heart of a business. We also have speakers available for schools and community groups.

We are team builders. Disability Smart Solutions has the knowledge, innovation, imagination and collaborative partners to create successful inclusive solutions. Please contact us to enhance your employee and customer engagement with both the aging and disabled populations.

 407-310-3663

Disability Smart Solutions for Your Business: ADA Inspection and Accessibility Surveys

  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