Many design strides made during decade of ADA

By Mike Swain

All professionals involved in building design, construction and development have an obligation to comply with the Americans with Disabilities Act (ADA).

The ADA is a federal civil rights law that prohibits the exclusion of persons with disabilities from everyday activities at public facilities. Requirements for both for-profit and non-profit organizations went into effect on January 26, 1992, and continue today.

Whether the developer, general contractor, architect or commercial realtor, we have the responsibility to be a resource to those who look to us for their building needs. The Dept. of Justice and other federal agencies publish a vast amount of information to help us better understand the law and therefore help our customers comply to the best of their abilities.

To develop its design standards, the ADA relies largely on the U.S. Access Board, an independent federal agency devoted to accessibility for people with disabilities.

The Access Board can be a resource for various laws affecting persons with disabilities, changes and developments in design guidelines, helpful Web site links, enforcement issues, technical assistance and training.

Phil Bradtke, vice president of architecture at Patrick Engineering, Inc. in Chicago, said it's important to also check the building codes at the state level, as in some cases they may be a bit more stringent than the federal requirements.

Many business owners worry about the costs and liabilities involved in making changes to their existing facilities. Bradtke said that some business owners are reluctant to make renovations because of the costs associated with bringing the building into compliance with the ADA.

"The ADA is a noble and important cause and business owners will make accommodations when they feel it is in the best interests of employers," he said. "Just as important as being inclusive to all groups is the ability of businesses to make a profit. Capital expenditures can quickly eat into the profits of a company with a limited budget."

The ADA recognizes this very point and therefore requires that "accessibility be improved without taking on excessive expenses that could harm the business."

More information about when and to what extent private businesses and non-profits need to comply (this actually fluctuates based on current economic conditions and the profitability of a company at a given time) can be found at the ADA Business Connection link (www.ada.gov).

To help offset the costs of making accomodations, tax credits and deductions have been established. According to a tax incentive fact sheet by the National Institute on Disability and Rehabilitation Research (NIDRR) on the ADA Web site: "Two tax incentives are available to businesses to help cover the cost of making access improvements. The first is a tax credit that can be used for architectural adaptations, equipment acquisitions and services such as sign language interpreters. The second is a tax deduction that can be used for architectural or transportation adaptations."

The Building Owners and Management Association (BOMA) publishes handbooks to help building owners and managers easily understand the ADA and to ensure they are complying to the extent possible for them. According to a recent Harris Poll, 50 million people with some sort of disability (18 percent of the population) live in the United States.

"This group of people to be marketed to , not reckoned with," said Kathleen Yosko, CEO and president of Marianjoy Rehabilitation Hospital in Wheaton. Many of these people are bright and intelligent and would make great employees.

In addition, they have purchasing power that is best exercised when they can actually gain access to places of business. It is part of our job in the building and real estate industries to help make these people feel comfortable in facilities which they visit and work.