Nevada Legislature may assist builders with ADA compliance

Brian Seals

Thursday, Dec. 3, 1998 | 11:35 a.m.

It can be a frustrating process for developers and architects.

They submit their plans to a building department for approval. The plans meet local building codes and zoning requirements.

Sounds good. But developers and architects can no longer rely on just meeting local building codes because those codes don't address requirements of the federal Americans with Disabilities Act.

That is because the ADA is a federal civil rights law -- not a building code -- with sometimes shifting requirements that are subject to legal interpretation.

"If you're looking for an easy solution, it won't happen," said Hank Falstad, an ADA expert with Pentacore Engineering Inc. "The only person that can make that interpretation is a federal judge."

There could be help for the industry during the next session of the Nevada Legislature. Many in the architectural/engineering industry are seeking a system that would enable review of building plans for ADA requirements. Engineers and architects could take tests on ADA standards to get a license to review plans for compliance.

Other states such as Texas and California have established similar systems that allow ADA experts to check plans, Falstad said during a Wednesday workshop on the ADA and the Fair Housing Act.

Gail Austin, a consultant under contract with the U.S. Department of Housing and Urban Development, said an increasing number of complaints is raising awareness among architects about fair housing requirements.

"I think as these complaints are filed with HUD, architects are becoming more aware of it," Austin said.

The ADA deals with public facilities while the Fair Housing Act prohibits discrimination in the sale and renting of housing units.

Businesses and government entities alike have been forced to remodel buildings to facilitate ADA requirements in recent years. The Las Vegas Valley Water District, for example, has recently lowered customers service counters to accommodate wheelchair-bound people and has taken other steps like lowering bulletin boards to accommodate customers and employees in wheelchairs. The District also built ramps to its old building, which was built before the ADA was enacted.

The district also built a ramp between its building and a bus stop on Valley View Blvd. Hand rails were added to a ramp linking the district offices to a bus stop on Valley View after the disabled community requested it.

"We're trying to be as user-friendly as possible," said Jeff Butler, human resources manager. "They're clients of ours."

With Las Vegas' booming construction industry, though, complaints are on the rise regarding housing and public accommodations. Also, advocacy groups like the Disabled Rights Action Committee and Nevadans for Equal Access have been active in targeting inaccessible facilities.

Many fair housing complaints deal with apartments and condominiums, which must meet Fair Housing Act standards if the complex has more than four units.

Jesse Webster, senior investigator with the Housing and Urban Development office in San Francisco, said there are seven basic guidelines architects should follow in designing housing: wheelchair accessible entrances with an accessible route leading to them; accessible commons areas; doorways of proper width; accessible routes inside the dwelling; switches and controls within reach of a person in a wheelchair; bathrooms and kitchens navigable in a wheelchair; and reinforced walls allowing for installation of handrails.

"If you follow those requirements you'll be alright," Webster said.

And it behooves architects and designers to follow both those and ADA guidelines. If a fair housing complaint is filed with HUD, all parties involved can be held liable -- from architects to contractors and developers.

Webster and Las Vegas attorney Nicholas Wieczorek agreed it is cheaper to build in conformance with the Fair Housing Act to begin with than to spend money retro-fitting a dwelling and possibly facing financial penalties or a civil trial.

When complaints of Fair Housing Act violations are received by HUD and the agency investigates, the property owner receives a notice of investigation.

"That is your invitation to participate in HUD's investigation," Wieczorek said.

After investigation, HUD issues a preliminary finding. If violations are found, HUD works to resolve the matter between the parties involved. That can mean the dwelling will have to retro-fitted for accessibility.

If a settlement cannot be reached, the matter can go before an administrative law judge or a federal judge. Wieczorek urged architects and engineers to not let it get to that point. He said when a notice of investigation is received, it's something that should not be ignored.

"I suggest you put your professional liability insurance carrier on notice. I suggest you put your counsel on notice," Wieczorek said. "Do anything, but don't sit on it."

If a complaint can't be resolved, it goes before either an administrative law judge or a federal judge. Also, HUD can assess penalties for violations, up to $50,000 for a first offense. That, along with the cost of fixing the problem and the possibility of civil damages, can be an expensive proposition.

"If it goes to adjudication, it can wreak havoc on your practice," Wieczorek said.