How the Americans with Disabilities Act (ADA)
Affects You
by Don Leighton-Burwell, AIA/Tenth Times April 1996
The Americans with Disabilities Act (the “other” ADA) has
come home to roost. In December 1993, the Texas Commission of Licensing
and Regulation adopted the Texas Accessibility Standards (TAS). This action
effectively makes the ADA (a federal law on civil rights) a state law
with binding regulations. All buildings constructed since April 1, 1994
must be in full compliance with this law. There’s good news and
bad news about this move to the state level. The good news is that you
can get direct answers from the accessibility specialists at the Department
of Licensing and Regulation; they are a helpful group with a greater degree
of accountability than the federal government; and, if you comply with
the Texas Accessibility Standards, you can be reasonably assured that
you will also comply with the ADA. The bad news is that the State of Texas
(in an attempt to clarify some of the vagueness of the ADA) has made some
of the TAS requirements more restrictive.
You may well be asking, “How does this affect me?” If you
are in an existing facility that was constructed before April 1, 1994,
the answer is relatively simple. As a healthcare provider in a facility
of public accommodation, you are required to remove barriers that restrict
access to your practice if it is “readily achievable”. This
means that required modifications must be “easily accomplishable
and able to be carried out without much difficulty or expense.”
Examples may be the installation of grab bars in restrooms, simple ramps
at a few steps, and similar “modest” adjustments. So, “readily
achievable” modifications are largely a matter addressing the basic
needs of your disabled patients either through changing physical conditions
of the space in which you practice, or providing alternate methods of
assistance.
If you are altering an existing facility or building a new office, you
must meet all of the requirements within TAS under “alterations”
or “new construction,” respectively. This may affect issues
as diverse as providing a fully accessible route from the public street,
to providing an accessible toilet room adjacent to a doctor’s private
office. It should also be noted that in offices of healthcare providers,
an elevator is required if more than one level/story is intended for use
as part of the dental office.
In planning and designing a new office, you are required to comply with
the TAS, regardless of the size or scope of your project. In addition,
if your project cost exceeds $50,000 (and most will), you are required
to submit your plans and specifications for state review and inspection.
These services can by provided for a fee through the Texas Department
of Licensing and Regulation, or one of their independent contract providers.
These independent contract reviewers/inspectors are trained by the state
and can often shorten review times. Any areas that do not comply with
the TAS must be submitted for variance (with an additional fee). It should
be noted that variances are granted only in extreme circumstances, and
it is advisable to solve potential conflicts (where possible) through
innovative design solutions.
The accessibility specialists in the Department of Licensing and Regulation
are available to help your design professional answer questions and to
guide your project through the review/inspection process. To avoid confusion,
frustration, and possible costly re-design, it is to your advantage to
seek workable solutions to accessibility issues during the early phases
of design. If you have questions about how TAS may affect you (and your
plans for upcoming projects), consult your architect or call an accessibility
specialist at the Texas Department of Licensing and Regulation; Code Review
and Inspections at (512) 463-3211.
