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Accessibility


	Florida's Revised Accessibility Statute Florida now has a revised accessibility statue that makes the state's code more consistent with the Americans with Disabilities Act Accessibility Guidelines (ADAAG). The revisions will affect curb cuts, ramps, rest rooms, parking spaces, mechanical rooms and elevator penthouses. Some already existing provisions that were more stringent than ADDAG were retained. Members of BOMA/Florida participated in the process. Their work with legislators and regulatory staff in Florida's Department of Community Affairs contributed to the existence of the revised statute, as well as development of the Department of Community Affairs' technical manual that provides guidance to code officials. Based on a report in Potomac Currents.

	Who Is Responsible For ADA Compliance? An brief submitted by BOMA International to the Justice Department in the Ellerbe Becket Inc. case (see MCI Arena Ruling article below) emphasizes the role architects play in ensuring ADA compliance. Building owners rely on architects to design buildings without the barriers that can be construed as discriminatory to persons with disabilities. Designers are uniquely qualified to provide the expertise and judgment to deal with the complex technical requirements involved, and architecture firms often become involved in the construction phase as well. Although the brief did not directly address the "line of sight" issue that was the cornerstone of the suit, it did maintain that Title III of the ADA applies to any party involved in the design, ownership, construction, or management of buildings or facilities, and that none of the participants can be excused from the responsibility of making buildings accessible. Based on a report in Buildings magazine

	MCI Arena Ruling A Lesson For FMs The U.S. Court of Appeals recently ruled on a case regarding wheelchair seating in the MCI Arena in Washington, D.C.. After the Paralyzed Veterans of America asserted that the wheelchair seating in the new arena offered inadequate views, the trial court mandated that MCI provide enhanced sightlines to offer spectators who use wheelchairs a view over standing patrons. When the defendant submitted new construction plans giving enhanced sightlines to 78 to 88 percent of the wheelchair seats, the trial court ruled that the new plans meet DOJ's unofficial requirements, and the Court of Appeals affirmed the trial court's rulings based on a final, approved plan with enhanced sightlines. Facility managers need to keep a close eye on U.S. Department of Justice (DOJ) regulatory interpretations of this ruling. While not specifically stated in the ADA guidelines, enhanced sightlines have gradually become a DOJ requirement. "Facilities managers involved in new construction need to be aware of the impact of this decision—specifically, that enhanced sightlines may be required in arena construction," says Tim R. Hughes, Esq., associate with Carr Goodson, Lee & Warner, in Washington, D.C. The best approach, according to Hughes, is to "deal with the issues up front." To avoid potential liability, give attention to these issues during the design and construction process when constructing or renovating such facilities. For example, make sure there are more than the required amount of seats. According to DOJ Standards for Accessible Design, the rule of thumb is six wheelchair locations for every 100 persons for facilities over 300 persons, and seven locations for every 100 persons over 500 persons. Hughes also suggested making sure the seating is well dispersed throughout the facility and giving enhanced sightlines to as many of the wheelchair-accessible seats as possible.