Larry M. Schneider, AIA, is the principal of his own accessibility consulting firm, Larry M. Schneider, AIA. With a career spanning several decades, Mr. Schneider brings extensive experience and expertise to his practice. Before reopening his firm, he served as the Accessibility, Value Analysis, and Partnering Coordinator at Dade Aviation Consultants, at Miami International Airport.

A proud graduate of the University of Florida, Mr. Schneider earned his Bachelor of Architecture degree in 1973. He was previously a principal at Currie Schneider Associates AIA, PA, where his firm garnered numerous design awards from prestigious organizations such as AIA Florida, AIA Palm Beach, the City of Delray Beach, and the State of Florida Trust for Historical Preservation.

In addition to his architectural practice, Mr. Schneider has a distinguished record of service with various professional organizations. He has been an active member of the Construction Specifications Institute, the Southern Building Code Congress International, the ICC, the National Fire Protection Association, and the American Institute of Architects (AIA). His involvement in accessibility codes dates back to 1985 when he served on the Department of Community Affairs Special Task Force, contributing to the 1990 edition of the Florida Accessibility Manual. He was later appointed to the Florida Board of Building Codes and Standards, serving as its chair from 1993 to 1996.

01

Dealing with lawsuits related to the Americans with Disabilities Act (ADA) requires a thorough understanding of the laws, prompt action, and effective communication. Here are steps to consider if faced with an ADA lawsuit:

1. Gather Information:
Upon receiving notice of a lawsuit, gather all relevant documents, including the status of the existing construction of the facility and any previous assessments of compliance with the ADA that may have been performed. Document the timeline of events leading up to the lawsuit and gather evidence that demonstrates if any efforts were made towards compliance.

2. Consult Legal Counsel:
Seek guidance from legal professionals experienced in ADA compliance. They can provide insights into the specific allegations, potential liabilities, and strategies for defense. Legal counsel can also advise on the applicable laws and regulations, ensuring that your response aligns with legal requirements.

3. Assess Allegations:
Review the allegations outlined in the lawsuit carefully. Understand the specific claims made regarding the ADA violations, such as lack of accessibility features. Assess the validity of these claims by comparing them against the applicable ADA Standards.

4. Conduct Site Assessments:
Conduct an assessment of the property in question to evaluate their compliance with the ADA requirements. Engage a qualified professionals, such as our firm, to identify any deficiencies and recommend corrective measures.

5. Address Immediate Concerns:
If any immediate accessibility or fairness concerns are identified during the assessment, take prompt action to address them. This may include making temporary modifications to improve accessibility while long-term solutions are implemented.

6. Develop a Defense Strategy:
Work with legal counsel to develop a defense strategy tailored to the specific circumstances of the lawsuit. This may involve gathering additional evidence, preparing witness statements, and identifying experts who can testify on your behalf regarding ADA compliance efforts.

7. Engage in Mediation or Settlement Discussions:
Engage in mediation or settlement discussions with the plaintiffs to resolve the lawsuit amicably. Start with settlement discussions. If mandated by the court, mediation can provide an opportunity to negotiate mutually acceptable resolutions, potentially avoiding protracted litigation and associated costs.

8. Litigation Defense:
If mediation or settlement discussions are unsuccessful, prepare to defend against the lawsuit in court. Present evidence demonstrating compliance efforts, and advocate for your position through legal representation.

9. Implement Corrective Measures:
Regardless of the lawsuit’s outcome, prioritize addressing any identified deficiencies in ADA compliance. Implement corrective measures based on recommendations from an accessibility consultant, such as our firm to ensure that the property will address the items in the complaint to meet the legal requirements and provide equitable access to individuals with disabilities.

10. Educate Staff and Stakeholders:
Use the lawsuit experience as an opportunity to educate staff and stakeholders on the ADA requirements, emphasizing the importance of compliance and proactive measures to prevent future issues. Training programs and resources can help foster a culture of accessibility and fairness within your organization.

By taking proactive steps to address ADA compliance, seeking legal guidance, and engaging in constructive dialogue with plaintiffs, you can effectively navigate lawsuits and mitigate potential risks while promoting accessibility and fairness in your properties.

02

The Americans with Disabilities Act (ADA) requires that public spaces and facilities be accessible to everyone, including individuals with disabilities. To ensure compliance with ADA standards during construction projects, an ADA construction survey is crucial. This guide outlines the steps involved in conducting an effective ADA construction survey.

1. Understand ADA Requirements
Before starting the survey, you should be familiar with the ADA Standards for Accessible Design. These standards outline the technical requirements for various elements of a construction project, including ramps, doors, parking spaces, and restrooms. Key aspects to
review include:

• Accessible Routes: Ensure there are continuous, unobstructed paths connecting all accessible elements of the site, including sidewalks, parking lots, entrances, and exits.
• Parking: Designated accessible parking spaces must meet specific size and signage requirements.
• Entrances and Exits: Ensure that all public entrances and exits are accessible, with ramps or elevators as needed.
• Restrooms: Restrooms must accommodate wheelchair users, with accessible stalls, sinks, and other fixtures.

2. Perform the On-Site Survey
Key areas to inspect include:

• Accessible Routes: Measure the width of walkways and doorways, ensuring they meet the minimum width requirements (usually 36 inches). Check slopes of ramps, which should not exceed a 1:12 ratio.
• Parking Spaces: Verify the dimensions of accessible parking spaces and access aisles and evaluate the slope of them. Ensure that signs indicating accessible parking are properly installed and visible.
• Entrances: Check that door thresholds are no more than 1/2 inch high and that automatic doors operate correctly. Ensure that ramps or lifts are provided where required.
• Restrooms: Measure the height of sinks, mirrors, and other fixtures to confirm they are within ADA-specified ranges. Check that grab bars are installed at the correct heights and locations.
• Signage: Ensure all required signage, such as restroom indicators and exit signs, is placed correctly and is legible, with braille where necessary

3. Document Findings
As the survey is performed document your findings. Take notes, photos, and measurements for any areas that do not meet ADA standards. This documentation is essential for both reporting and guiding corrective actions.

4. Report and Recommend Corrections
After completing the survey, compile your findings into a detailed report. The report should include:

• Summary of Compliance: A general overview of the project’s ADA compliance status.
• Non-Compliant Areas: Specific areas that do not meet ADA standards, with corresponding photos and measurements.
• Recommendations: Suggested corrective actions for each non-compliant element.

5. Follow-Up
Once corrections are made, consider a follow-up survey to determine if the issues that were identified have been resolved.

Conclusion
Conducting an ADA construction survey is a critical step in ensuring that a construction project is accessible to all individuals, including those with disabilities. By following these steps—understanding ADA requirements, conducting a site inspection, and documenting the findings—you can help ensure that your project is compliant with the applicable ADA standards. Regular follow-ups and adherence to ADA guidelines will contribute to the successful completion of an inclusive and accessible project.

03

The Fair Housing Act (FHA) requires that newly constructed multifamily housing with four or more units comply with specific accessibility requirements. Here are the main construction requirements for compliance:

Accessible Building Entrance on an Accessible Route:
At least one building entrance must be on an accessible route unless it is impractical due to site conditions.

Accessible Public and Common-Use Areas:
All public and common-use areas must be accessible to persons with disabilities.

Usable Doors:
All doors within the unit that allow passage into and within the unit must be wide enough to accommodate wheelchairs.

Accessible Route into and Through the Dwelling Unit:
There must be an accessible route into and through each dwelling unit.

Accessible Light Switches, Electrical Outlets, Thermostats, and Environmental Controls:
Light switches, electrical outlets, thermostats, and other environmental controls must be in accessible locations.

Reinforced Walls in Bathrooms:
Bathroom walls must be reinforced to allow the later installation of grab bars.

Usable Kitchens and Bathrooms:
Kitchens and bathrooms must be designed so that an individual in a wheelchair can maneuver about the space.

These requirements apply to all new multifamily housing built for first occupancy after March 13, 1991. Failure to comply with these standards may result in legal consequences under the Fair Housing Act.

Currently there are 15 different codes you can chose from for compliance wit the Fair Housing Act and they are –

Understanding the Fair Housing Act:
Before surveying a construction project for FHA compliance, it is essential to have a thorough understanding of the requirements outlined in the act. The FHA prohibits discrimination in various aspects of housing as it relates to the design and construction of the project.

Developing a Compliance Plan:
The first step in surveying a construction project for FHA compliance is to develop a comprehensive compliance plan. This plan should outline the specific requirements of the FHA applicable to the project, establish procedures for monitoring compliance throughout the construction process, and designate responsibilities for ensuring adherence to the law. It is essential to involve architects, contractors, and project managers, in the development of the compliance plan.

Conducting Pre-Construction Assessments:
Before construction begins, it is important to conduct pre-construction assessments to identify any potential barriers to FHA compliance. This may involve reviewing the architectural plans for accessibility for individuals with disabilities and evaluating site layouts to assess potential barriers to fair housing.

Monitoring Construction Progress:
Throughout the construction process, it is important to monitor progress closely to ensure compliance with FHA requirements. This may involve conducting regular site visits to assess construction activities, reviewing materials and equipment to ensure compliance with accessibility standards, and documenting any deviations from the approved plans or specifications. It is important to address any issues or concerns related to FHA compliance promptly to avoid costly delays or violations.

Conducting Post-Construction Assessments:
Once construction is complete, it is important to consider a post-construction assessment to evaluate whether the project meets the requirements of the FHA. This may involve conducting final inspections to verify compliance with accessibility standards and addressing any outstanding issues or concerns related to FHA compliance.

Conclusion:
Surveying a construction project for FHA compliance is important to evaluate that the aspects of the project, from design to completion, adhere to the requirements of the law. By developing a compliance plan, conducting pre-construction assessments, monitoring construction progress, and conducting post-construction assessments, project stakeholders can ensure that their initiatives are aligned with the requirements of the FHA and promote fair housing for all individuals. Through these efforts, we can work towards creating inclusive and equitable housing environments that are accessible to everyone.

04

Ensuring Accessibility and Fairness:
A Guide to Plan Review for ADA and Fair Housing Act Compliance in Architectural Drawings

Architectural drawings serve as blueprints for creating spaces that are not only aesthetically pleasing but also accessible and fair for all individuals. To ensure compliance with the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), thorough plan reviews are essential.

Understanding ADA and Fair Housing Act Requirements:
The ADA prohibits discrimination against individuals with disabilities and mandates accessibility standards for public accommodations and commercial facilities. Similarly, the FHA prohibits discrimination in housing practices and requires accessibility features in multifamily housing. Familiarity with these laws and their specific requirements is crucial for effective plan review.

Key Considerations in Plan Review:

1. Accessibility Features:
Review architectural drawings for features such as accessible entrances, ramps, doorways, and hallways wide enough for wheelchair passage. Ensure that vertical and horizontal circulation paths comply with ADA standards, including requirements for slope, clear width, and maneuvering space.

2. Restrooms and Bathing Facilities:
Assess the design of restrooms and bathing facilities to ensure they meet ADA guidelines regarding space, grab bars, sinks, and toilet height. Verify that fixtures are positioned to accommodate individuals with disabilities comfortably.

3. Signage and Wayfinding:
Evaluate signage plans to ensure they include tactile signs with raised characters and braille, providing clear wayfinding information for individuals with visual impairments. Confirm that signage is placed at appropriate heights and locations for maximum visibility.

4. Parking and Transportation:
Check parking layouts for accessible parking spaces with proper dimensions and adjacent access aisles. Evaluate transportation facilities within the site to ensure compliance with ADA requirements for bus stops, drop-off areas, and accessible routes to public transportation.

5. Fair Housing Act Requirements:
In multifamily housing designs, review floor plans to verify accessibility features such as accessible routes, entrances, and common areas. Ensure that units designated for individuals with disabilities meet FHA guidelines for accessibility, including accessible kitchens, bathrooms, and environmental controls.

Steps in Plan Review Process:

1. Preliminary Review:
Begin by obtaining architectural drawings. Conduct an initial assessment to identify areas of concern related to ADA and FHA compliance.

2. Collaborative Review:
Collaborate with the design team to address potential issues and find solutions that meet legal requirements while maintaining design integrity.

3. Detailed Evaluation:
Review the architectural drawings, focusing on accessibility features, dimensions, and clearances.

4. Documentation:
Document findings and recommendations on the drawings, in a pdf format, highlighting areas of compliance and non-compliance. Include recommendations via notes indicating recommended revisions for ADA and FHA compliance.

5. Communication and Revision:
Communicate review findings to the project team and facilitate discussions on necessary revisions.

Conclusion:
Effective plan review for ADA and Fair Housing Act compliance requires a thorough understanding of legal requirements, evaluation of the architectural drawings, and collaborative efforts among stakeholders. By prioritizing accessibility and fairness in design review processes, architects and designers contribute to creating inclusive spaces that accommodate the needs of all individuals, fostering equality and social justice in the built environment.