ADA Signage: Mastering the Compliance Basics

The Americans with Disabilities Act (ADA) has been in place for more than 20 years, with major revisions enacted in 2010. The 2010 Standards for Accessible Design (SAD) gained teeth – compliance is now required and enforceable on the federal level.

Since the ADA views visual impairments as a disability covered under the Act, there are specific guidelines pertaining to signage products. The two categories covered under interior signage are Wall Mounted, Ceiling Mounted or Projected. Within the Wall Mounted category, Identification of permanent room signs, Directional signs, and Informational signs are covered. Within the Ceiling or Projected Mounted category, Directional and Information signs are covered.

This white paper will help you:

• Obtain a better understanding of the Americans with Disabilities Act (ADA)
• Review ADA guidelines in terms of architectural signage and variances by state
• Explain the litigation risks to building owners for non-compliance

The Americans with Disabilities Act of 1990 (ADA) is a law that was signed by President George H. Bush, and later amended with changes effective January 1, 2009. Its basic purpose is to protect the civil rights of people with disabilities in employment and access to goods and services. Since its inception, the ADA has had a profound affect on the sign industry.

The ADA covers a wide range of disabilities, from physical conditions affecting mobility, stamina, sight, hearing, and speech, as well as conditions such as emotional illness and learning disorders.

In order accommodate the wide range of disabilities, the ADA addresses access to the following:

1. The workplace (title I).
2. State and local government services (title II).
3. Places of public accommodation and commercial facilities (title III).
4. Phone companies must provide telecommunications relay services for people who have hearing or speech impairments (title IV).

And lastly, the ADA provides instructions to Federal agencies that enforce the law (title V).

In terms of this white paper, and how the ADA affects the sign industry with regards to how it views sight impairments, let's take a closer look at the different classifications of sight. There are four levels of visual function, according to the International Classification of Diseases -10 (Update and Revision 2006):

1. normal vision
2. moderate visual impairment
3. severe visual impairment
4. Blindness

Moderate visual impairment combined with severe visual impairment are grouped under the term "low vision": low vision taken together with blindness represents all visual impairment.

The Centers for Disease Control and Prevention (CDC) define "vision impairment" to mean that a person's eyesight cannot be corrected to a "normal level." According to one estimate, approximately 10 million people in the United States are blind or visually impaired. One million adults older than the age of 40 are blind, and 2.4 million are visually impaired.

It is also important to note that over the next 30 years, as the baby-boomer generation ages, the number of adults with vision impairments is expected to double. That's approximately 20 million people in the United States who would be blind or visually impaired.

In an interesting side note – less than 2% of the visually impaired population can read Braille.

When is a vision impairment a disability under the ADA? A vision impairment is a disability if:

1. It substantially limits a major life activity
2. It was substantially limiting in the past (i.e., if an individual has a "record of" a substantially limiting impairment)
3. An employer "regards" or treats an individual as having a substantially limiting vision impairment

State and Local Government Facilities

Units of government at the state, county, and local levels are subject to the ADA and must comply with the ADA Standards in new construction and alterations. All types of public facilities are covered, including schools, hospitals, public housing, courthouses, and prisons. Federal facilities are not covered by the ADA, but by an earlier law, the Architectural Barriers Act (ABA) and must meet separate, though very similar, standards.

Places of Public Accommodation and Commercial Facilities

In the private sector, the ADA Standards apply to places of public accommodation and commercial facilities. Places of public accommodation are facilities that affect commerce and that fall within twelve categories listed in the statute, including stores and shops, restaurants and bars, sales or rental establishments, service establishments, theaters, places of lodging, recreation facilities, assembly areas, private museums, places of education, and others. Nearly all types of private businesses that serve the public are included in the twelve categories, regardless of size. Commercial facilities include office buildings, factories, warehouses, manufacturing plants, and other facilities whose operations affect commerce.

Transportation Facilities

Bus stops and stations, rail stations, and other transportation facilities are required to be accessible by the ADA. The ADA also establishes standards for transportation vehicles, including buses, vans, and rail cars (which are not discussed in this guide).

Exemptions (Religious Entities and Private Clubs)

The ADA does not apply to religious organizations and private clubs, entities which historically have been exempt from federal civil rights laws. Places of worship and other facilities controlled by a religious organization, such as a school or day care center, are not subject to the ADA Standards. Private clubs may be similarly exempt depending on their exclusiveness, operations, and other factors. Facilities not subject to the ADA Standards may still be subject to state or local access codes.

Exception: Apts. & Condos

Governed by the Fair Housing Act, which requires permanent ADA-compliant raised text signage; Braille is suggested, but not required.

• Signs: outdated, missing, incorrect, wrong height, hard to find or mounted wrong
• Parking
• Access Routes: Wrong signs, blocked ramps, block passageways or uneven surfaces
• Curb Ramps
• Stairs: hazard striping, uneven steps, lighting, signage, barriers or wrong railings
• Pedestrian Ramps
• Restrooms
• Seating
• Doorways
• Exits: blocked exits or no signs showing exits

With signs being so prevalent in ADA violations, we now turn our attention to the necessary elements that make signs ADA compliant.