FEATURE ARTICLE, APRIL 2011

THE 411 ON ADA CHANGES
When it comes to the Americans with Disabilities Act, what you don’t know can cost you.
Interview by Jaime Lackey

In construction, details matter. When it comes to the Americans with Disabilities Act (ADA), inches matter.

Next March, commercial properties will be held to a new standard of ADA compliance. To find out more about the changes to the law, Northeast Real Estate Business talked with Kevin Hughes of Jones Lang LaSalle. Hughes, a senior project manager based in Chicago, is responsible for delivery of multi-site, and complex, single-site, program management services throughout the United States and internationally. He leads the firm’s national practice for compliance with the Americans with Disabilities Act.

NREB: Last summer, President Obama signed into law some changes to the Americans with Disabilities Act. What is the most important thing for property owners and managers to know about these changes?

Hughes: New design and construction requirements will affect most commercial real estate in some fashion. All inside and outdoor areas used by the public — and some common employee areas such as restrooms and lunchrooms — have new standards that will have to be considered whenever an area undergoes a repair or renovation in the future.

Since the new rules don’t take effect until March 2012, an owner could choose to renovate before then in order to comply with the existing rules instead of the new ones. In most cases, though, owners will want to adapt their project plans to align with the new standards. Owners of retail and hotel chains should consider conducting an ADA portfolio review with the new standards in mind, so they can plan future projects accordingly. They may also find areas where their properties are out of compliance with the current standards and need to be brought into compliance as soon as possible.

NREB: Why are these changes being implemented?

Hughes: A law as complex as ADA naturally needs refinement over time. People with disabilities have suggested ways to make buildings more accessible to everyone. Architects have raised questions regarding ambiguities in the law. These changes are the result of a process designed to address some of these concerns and hopefully make ADA work better for everyone.

NREB: What are some examples of new requirements?

Hughes: Many of the changes affect a wide range of property types. For example:

• The side reach range of equipment in accessible areas, currently a maximum of 54 inches and a minimum of 9 inches, will be narrowed to a maximum of 48 inches an a minimum of 15 inches.

• In single-user toilet rooms, the water closet now must provide clearance for both a forward and a parallel approach and, in most instances, the lavatory cannot overlap the required clear space around water closets.

• There will be increased requirements for accessible routes within buildings.

• The new rules include more stringent slope requirements for clear floor space at accessible elements

Other rules are more targeted to specific property types. For example, hotel and resort owners may need to be aware of increased accessible routes in pool areas, including access to swimming pools themselves. Also, clarification has been provided for hotel reservation policies relating to accessible rooms. The new rules have a more detailed set of expectations to avoid situations where a person with a disability reserves a room with a roll-in shower and upon check-in is told no such room is available.

NREB: What types of properties will be affected?

Hughes: Virtually every type of commercial property is affected in some way. Properties with the greatest amount of public access, such as hotels, retail and entertainment facilities, are likely to be affected in more areas. But any property where repair and renovation work is conducted should be assessed to ensure that any work done conforms with the new standards.

Hotels, motels and other lodging facilities must ensure that “accessible” rooms meet the new requirements, and must increase access to guest amenities such as fitness areas and pools, while adhering to stricter policies regarding reservations by disabled persons and availability of accessible rooms.

Common areas at shopping malls, including parking lots, entrances, corridors and restrooms, will be affected, and tenant-operated spaces may also face compliance requirements. Multi-location bank branches and retail outlets may face changes that do not add up to a large expense in a single location but can be significant when multiplied across dozens or hundreds of locations.

Entertainment venues such as movie theaters, sports stadiums and concert arenas face tighter rules on accessible seating, restrooms and other areas, as well as new ticketing policies and procedures regarding disabled users.

In corporate facilities, the rules do not apply to individual employee workspaces, but do apply to common-use areas such as workrooms, restrooms, dining areas, lounges and similar areas.

Institutional properties, including university campus buildings, museums, libraries, government administrative buildings, and transportation hubs, will encounter change requirements for many areas used by the public. Hospitals, clinics and other healthcare facilities may already contain many patient-related accessible features, but they also must address their reception, waiting, dining and other public areas.

NREB: How will these new requirements affect commercial properties — and budgets?

Hughes: In most cases, changes should not place a heavy strain on project budgets. For instance, updating a restroom under the new standard should not cost more than updating it under the old standard.

Typically, the issue is one of awareness — owners or project managers must know how to apply the new rules in any situation where construction work is being done. The biggest cost is likely to be the cost of re-doing a project after discovering the work was not done in compliance with ADA. For that reason, owners are advised to conduct an audit of all properties in advance of the rules taking effect, so they don’t have expensive surprises later on.

Even the cost of re-doing a project to bring it into compliance may be minimal compared to the cost of non-compliance. Offenders can be fined up to $55,000 for the first violation and $110,000 for the second. In some cases, organizations have paid much larger additional amounts to compensate individuals involved in lawsuits. And following litigation, courts often dictate remediation schedules, removing control from the organization and often resulting in greater overall expense.

NREB: These changes don’t go into effect until March 2012. Why is it important that property managers and owners start thinking about the changes now?

Hughes: Understanding how the new ADA rules will affect properties can help owners make project budgeting and prioritization decisions. Owners with a large number of similar properties—such as restaurant and retail chains—can assess a few properties for ADA compliance and then implement changes over time as budgets allow.

If there is a situation where application of the new rules would create a significant cost burden, one option is for owners to perform the work before the new rules take effect. In those cases, compliance with the existing ADA rules is sufficient.

We’re seeing that the new rules act as a reminder to owners that they should assess their portfolios periodically for compliance. Now that we know what the new rules will be, it is actually a great time to ensure that properties conform to the existing standards, at least.

NREB: Is there anything else you’d like to say about the changes to the ADA requirements?

Hughes: We have teamed up with LCM Architects to provide a streamlined, cost-effective assessment and implement any improvements that an owner decides are necessary. LCM has comprehensive knowledge of accessibility standards and how to apply them, and Jones Lang LaSalle has a proven multi-site project management capability with more than 1,000 project managers throughout the U.S.

Compliance might seem like a daunting and expensive challenge for organizations with large portfolios. It doesn’t have to be a huge headache, even if you have hundreds of properties across the country.

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