Lien Law Unlikely To Change– Yet

detour signFor those of you following the proposed revisions to the NC lien law that is currently at the NC House Judiciary Subcommittee B, a quick update:  the proposed bill (HB 489) is unlikely to be voted on this legislative session due to its unpopularity with several constituency groups, including both the AIA-North Carolina and the NC Home Builders Association.

According to NC Bar Association Construction Law section chair, Nan Hannah, a vote is unlikely in this legislative session.  However, there is the potential for a study commission to continue the conversation and discuss alternative lien law changes that might satisfy all constituents.

Such a study commission will only occur is Subcommittee Chairman Paul Stam hears from those in the industry that such a study commission is desired.  In addition to the Construction Section of the Bar, the American Subcontractors Association of the Carolinas supports the idea, as do other industry groups.

If you want to add your voice of support for a study commission, contact Representative Stam  or Co-chairman Representative Grier Martin.

Do you believe that the proposed lien law revisions adequately protect designers? Is a study commission worthwhile?  Share your thoughts in the comments section, below.

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Photo: (c) freefoto.com via Creative Commons License.

Wind Power: It’s in the air!

wind power turbinesWind Power.  It’s been defined as green, clean, sustainable, and even affordable.  In an effort to be more “green,” save or even generate money, and reduce waste, several companies are turning to the wind turbine.

In Indiana, Purdue University and its commercial partner Performance Services have planned and designed a  $200 million wind farm scheduled to begin generating electric power by late 2012.  Earlier this week, the University gave approval to proceed with the project, which will involve obtaining regulatory approval.  If the project is approved, the team hopes to generate 100 megawatts, which could power up to 25,000 homes.

In Canada, Greengate Power Corp. just this week  has received provincial approval from the Alberta Utilities Commission to build Canada’s largest wind farm in southern Alberta.  The project  is expected to be Canada’s largest operating wind energy project with a total generating capacity of 300 megawatts when it is completed.

Also this week, in a town outside of Boston, the local Conservation Commission has approved a wind turbine project, despite objections from the local golf club.

Closer to home, Iberdrola Renewables earlier this year filed an application with the North Carolina Utilities Commission to build what would be the state’s first commercial wind farm in Pasquotank and Perquimans counties.  If approved, the project would occupy approximately 20,000 acres of private land near Elizabeth City, and could potentially provide electricity for 55,000 to 70,000 North Carolina homes.  Construction of the structure, if approved, is slated to begin by the end of this year and could create about 400 jobs.

Share your thoughts:

What is your opinion of wind turbines? Do they make sense?  Is the return on investment worth the additional upfront costs? Do you just plain think they are ugly and not want them in your backyard, or do you see them as modern art and things of beauty?  Drop me a comment!

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Photo:  FreeFoto.com

What is “green design” ?

What is included in “gPlatinum LEED signreen design”? Green design (also known as sustainable design or environmental design) is the concept of construction built with principles of economic, social, and ecological sustainability.  The most well-known green design, by far, is the LEED green building certification process of the US Green Building Council.

Yesterday, I had a chance to attend Phil Kabza (“SpecGuy”)’s presentation “Specifying LEED Requirements: The Best of Green from Masterspec” at the GreenNC trade show.

According to Phil, there are 4  general LEED credit requirements for construction, including:

1.  Refrigerant & clean agent removal

2.  Construction waste management

3.  Construction indoor air quality management

4.  Measurement & verification (post construction)

As Phil emphasized, LEED specs must be project specific, and should not simply be cut and pasted from previous projects.

Want to see a LEED specification in action?  Check out an example of a LEED Spec on Sustainable Design Requirements (01 81 13) here.

Interested in learning more about LEED and its requirements?  Check out the mother of LEED, the USGBC .

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Photo “Platinum LEED” by Seth Anderson via Flickr/Creative Commons License. 

Universal Design-Part 2: Current Challenges

Ed. note:  This is the second of a two part series on Universal Design by Guest Post author Dick Duncan.  “Universal Design-Part 1: Beyond ADA and Fair Housing,” can be found here

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Current Challenges

Partially due to success of accessibility implementation and compliance in recent years, the term “accessibility” and the ideas about an “accessible” built environment are commonly known, if imperfectly understood. For example, to many people “fully accessible” means primarily usable by people who use wheelchairs, losing the inclusionary aspect of responding to the needs of people with other disabling conditions. One result of this pervasive consciousness about and misunderstandings of accessibility is confusion about the nature of universal design.

 Common myths include: 

  • That universal design is really “just accessibility that is dressed up to look good.”  If this were true, a new paint job might suffice.
  • That universal design is just fully accessible design but with the addition of characteristics that makes it usable by other people too. Well-engineered functionality is crucial to a universal outcome but will always fall short if the design is not integrated or mainstreamed. Often misused in this regard is the term universal access.
  • That universal design is an umbrella term that now covers all things accessible and assistive. This lacks recognition of the broad beneficiary groups, the integrated and mainstreamed aspects of universal design, and the differences between accessibility, assistive technology, and universal design.
  • That universal design is the new age or current term for accessible design. It is “what we are calling it” now. This suggests the notion that universal design is merely the politically correct term that one must be careful to use in polite company. With this thinking, universal design is grouped together with code compliance and other efforts.

There is legitimate confusion between universal design and more similar concepts or concepts, such as visitability (an US-based approach, limited to housing, that promotes limited usability features), Design for All (a similar idea to universal design, principally in use in Europe), Life Span Design (used in the US, principally reflecting age sensitive design), Transgenerational Design (an idea formed in the US that good design now must accommodate people of all ages), Flex Housing (developed by Canadian Housing and Mortgage that includes features of accessibility as well as other innovative design ideas), and Lifetime Homes (developed in the UK, broadly applied standards with specific usability features). The variety of concepts and common misunderstandings regarding universal design highlights the need for continued educational activities and suggests the need for international communication and collaboration.

An important component of a universal approach to design challenges focuses on the process of design. In this manner, an appropriate outcome can be assured through the process itself. Termed  ‘universal designing’ , a broad and inclusive design process includes many perspectives and is mindful of the ergonomic, human factors, and social equity considerations.

Global Universal Design Code

A national effort is now underway to develop voluntary universal design standards that will cover all domains of the built environment, initially retail, community and housing. The Mace Institute is an active participant with the Global Universal Design Commission (GUDC) and AARP in efforts to bring these new standards to life over the next several years.

 

summit

Universal Design Summit 4 

To obtain excellent education on UD issues, consider attending Universal Design Summit 4 this fall.  The Summit, entitled “Creating Livable Homes & Communities” will be held October 10-12, 2010 in St. Louis, Missouri. 

 

RL Mace Universal Design Institute

To learn more about the RL Mace Universal Design Institute, download this Executive Summary (pdf) or visit the UDI website.

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:

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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