In The Perfect Storm, superstar George Clooney plays the captain of a fishing trawler who leads his crew into dangerous seas. A combination of weather events that could not have been predicted came together to create an incredible scenario of winds, waves, and destruction. Like Clooney and his crew, today’s facility manager and their team face a similar oncoming storm relating to ADA access.
 

Warning of dark skies ahead…

In 1990, the federal government passed laws that required handicap access to all buildings, including modulars (http://www.ada.gov/pubs/ada.txt)

Current nonconforming modular buildings are allowed to be used only through local code variances. These variances DO NOT provide legal protection.

School systems are coming under increasing scrutiny by the U.S. Department of Education in regards to modular access for the handicapped student  (http://www.11alive.com/whatson/seenontv/seenontv_
article.asp?storyid=17190)

OSHA has required the phase out of pressure treated CCA wood products currently used to construct most the of steps and ramps in schools today. California has already agreed to phase out CCA products in all school application. http://www.epa.gov/pesticides/factsheets/chemicals/1file.htm

Combine these elements and what we have is a legal thunderstorm. How long will it take for one or two localized lawsuits brought by parents of handicapped children to turn into a class action lawsuit? How long before OSHA determines pressure treated is today’s asbestos and calls for its removal and disposal?

Head for a safer port…

David Eberhart, vice president-partner development for American Incline, works daily with corporations, school districts, and individuals to ensure access for everyone. For a comprehensive modular access solution for your school district, contact David at deberhart@americanincline.com or by phone, 706-265-8402.