Universal Design- Part 1: Beyond ADA and Fair Housing

Most construction professionals in America are well aware of the Americans with Disabilities Act (ADA) and the changes in design which have resulted in an effort to accommodate disabled persons in public places.  Far fewer construction professionals, however, are aware of the concept of “universal design”.  The international nonprofit RL Mace Universal Design Institute , which is based in Chapel Hill, NC, is aiming to change that and to educate the construction professional on why building to a UD standard will add value to all built environments. [Full disclosure: I am the current Vice President of the RL Mace UDI and member of the Board of Directors].

The Institute’s Mission Statement :

“The Institute’s work manifests the belief that all new environments and products, to the greatest extent possible, should and can be usable by everyone regardless of age, ability, or circumstance.”

I asked Richard (“Dick”) Duncan, Executive Director of the Mace UDI, to explain a little about the need for and concept of universal design.  What follows is the Part 1 of the first ever Guest Post on this blog:

UDI logo

Richard Duncacn

Universal Design Part 1: Beyond ADA and Fair Housing

by Richard C. Duncan, MRP, Executive Director

Adapted and revised from: Universal Design – Clarification and Development: A Report for the Ministry of the Environment, Government of Norway, Richard Duncan, NC State University, March 2007

 

“The intent of universal design is to simplify life for everyone by making products, communications, and the built environment more usable by as many people as possible at little or no extra cost. Universal design benefits people of all ages and abilities. “

Ron Mace, 1988

Emergence of Universal Design

It is generally agreed that the term universal design first entered into usage in the mid-1980’s by United States (US) architect, Ronald L. Mace, FAIA Since then the concept of universal design has spread worldwide and has influenced and joined related concepts such as Design for All, Life Span Design, and Inclusive Design. In its 20-year history in the US, universal design has slowly gained acceptance but has seen an uneven adoption. Universal design still remains a strategy that has been implemented by different sectors of the private and public domains, selectively and for fairly narrowly framed purposes. From the perspective of more usable and supportive environments, the US remains principally focussed on accessibility: developing regulations, codes, standards, policies and procedures to provide societal inclusion to people with disabilities.

The emergence of universal design depended substantially on many years of work on accessibility and the lessons learned from those activities. Accessibility efforts and the fundamental values of the disability rights movement in large part formed the foundation on which universal design concepts were built. But, universal design came into being partly because of the nature of accessibility that existed in the US by 1985; it was neither commonly found nor was it creatively applied. However, the appearance of universal design did not herald the end of accessibility. Two of the most significant American federal laws requiring accessibility were yet to be enacted by the time universal design began to emerge: the Fair Housing Amendments Act was signed in 1988 and the Americans with Disabilities Act passed in 1990. Universal design and accessibility have continued to develop in a connected yet parallel manner, during the time of the greatest activity in the realm of accessibility code compliance. To be sure, the philosophical basis for the accessibility movement and universal design are quite similar: inclusion, full participation, and social equity. Universal design extends beyond the confines of accessibility to include all persons and creates that inclusion by promoting integrated and mainstreamed products, environmental features, and services.

The national expansion of accessibility provisions into private buildings, multifamily housing, and beyond, has continued the dominant role of accessible design to this time. This has presented a challenge for advocates of universal design in their promotion of conceptual, policy and practical distinctions. While the great advantage of 50 years worth of work on accessible design has been the creation of a markedly accessible non-residential built environment, it has also carved a large space in the collective psychology of people in the US. For example, universal design as a distinct idea is often confused with, if not subsumed by, the more narrowly targeted concept of accessible design. Broadening the beneficiary group of more usable designing to include all of society is a significant practical and symbolic step that still requires much more effort.

The accessibility field in the US has been part of the civil rights movement for people with disabilities that began after World War II, and was related to the larger worldwide human rights movement principally identified with the United Nations. The US disability activities paralleled other similar civil rights movements by disenfranchised groups in the US at that time, for example women, African Americans, and Native Americans. During the 1960’s and since then, the disability community in the US has vigorously advocated for the creation of civil rights legislation and building regulations that provided accessibility features, e.g., curb cuts, stepless entrances, and lever door hardware. The initial major push into accessible building design came after the publication of the American National Standards Institute’s (ANSI) A117.1 standard in 1961, the first US accessibility design standard.

When Universal Design arose 25 years later, accessibility work in the intervening years had made great progress by appearing in some federal and state policies with respect to programs and services, architecture, transportation, public rights of way, public spaces, and to a lesser extent, housing. Although not uniformly applied or consistently rendered, by the mid-1980’s accessible design was becoming more of a reality for the design and construction industry across the US. Standards such as ANSI A117.1, and its many later revisions and other accessibility provisions that were based on it were a great steps forward in the field, yet had similar flaws. Those flaws revealed the limitations of a code-based approach. Later analysis showed that the codes and standards “… have been developed by an approach of modifying the norm through the use of a few specially designed features and products to accommodate the ‘few’ who vary from the norm.” This approach led to an ‘after-the-fact’ implementation of access features (even in new construction) which resulted in “…  facilities which have their own ‘functional limitations’ and aesthetic problems.”  Other code-based challenges were also noted. Too often, segregated accessible features were ‘special,’ more expensive, and usually ugly.

The twenty-five years of work on accessible design in the US, from 1960 – 1985, formed the body of work from which universal design emerged. Continued progress in the realm of accessibility since then has firmly established accessible design as a fundamental discipline and outcome that has benefited many. Done well and creatively, good accessible design can be truly universal. As was said nearly 10 years ago, “The demographic, legislative, economic, and social changes that brought us to this point are increasing the momentum that will propel us into the 21st century that will need to be more accommodating of individual differences. Universal design provides a blueprint for maximum inclusion of all people.”

Tomorrow’s Post:  Universal Design Part 2- Current Challenges in Universal Design

 

Tuesday Tip| Construction Marketing Ideas website

Arm and a Leg

 The construction industry, like most these days, is still very sluggish.  Is there a way to get your message out to customers without it costing the proverbial “arm and a leg” ?  A website in my blogroll, Construction Marketing Ideas,  is a good one that offers information for construction professionals– whether architects, engineers, contractors, or subs– to get their message heard.

Do you have a site you like for marketing ideas?  Let me know!  I’m always on the look out for well-written sites with valuable information.  You can email me at [email protected] or comment below.

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Photo “It’s not worth an arm and a leg” by Right About Me via Flickr and made available via an Attribution-Noncomercial-Share Alike 3.0 License.

 

“Substantial Completion” on the Construction Project: How is it defined? (Law note)

Substantial completion is another one of those “terms of art” that lawyers love.  What does it mean when your project is substantially complete? If you are an owner, you really are only interested in one thing: when is it done? Right? Well, not exactly.  Particularly on larger projects, there may be a big difference between when a project is substantially complete and when it is finally complete, so it’s good to know what the difference is and what your contract provides.

Substantial completion is generally a defined term in a contract, but regardless of exactly how it is defined in essence it means that the owner can use the building as intended.  It usually indicates that only minor, punch list type work remains.

In the AIA general conditions, substantial completion is defined:

 § A.9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or use the Work or a portion thereof for its intended use.

While this is standard language found in most form contracts, it can–and should–be altered to fit any unusual circumstances you anticipate on your project.

Note that the AIA general conditions do not state that either a temporary or permanent certificate of occupancy must be issued for substantial completion to occur.  For example, in the case of an office building, once the building is able to be used for upfitting purposes by the owner it is substantially complete, even if the building is not yet able to be occupied.  This can be signficant if the owner is self-performing much of the upfit work, and the acceptable degree of finished work may be something altered by the parties at the time of contract negotiation.

Whatever the defined date of substantial completion in your contract, however, it is extremely important.  This is the date that triggers:

  • retainage release
  • the warranty period
  • determination of any actual or liquidated damages
  • the running of the statute of limitations and repose

Therefore, it is important that you read your contract and understand what the date of substantial completion will be for each of your projects.

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Photo courtesy of constructionphotographs.com.

 

Tuesday Tip | Construction Law Research Links

fireworksIn celebration of Independence Day this past weekend, here are some references for those who want to independently research their construction law issues.  (Just remember to read with caution and consult with a lawyer for any questions and to see if applicable to your particular situation).

All of these links are now in the Resource section of the Blog.  Happy researching!

North Carolina Lien Law Statues  (N.C. Gen. Stat. sec. 44A)

Laws and Regulations Applicable to General Contracting (including NC licensure, lien info, and permit info)

NC State Construction projects (N.C. Admin. Code Title 1, chapter 30)

NC Building Code information (N.C. Department of Insurance OSFM)

 

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Photo Fireworks #1 by Camera Slayer via Flikr via Attribution-Noncommercial-ShareAlike License.