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— Property Management Quarterly — August 2015
I
t seems questions regarding
signage and the accessibility
code are ever evolving with
each update of the Americans
with Disabilities Act Standard
for Accessible Design. One particular
area of confusion regards aspects of
ADA signage that are not well defined
within the act and, in some cases, not
defined at all. In these instances, one
must come to a responsible interpre-
tation of the intent of the ADA stan-
dards.
The ADA identifies two catego-
ries of signage – those identifying
a permanent room or space and
those signs giving direction to or
information about permanent rooms
or spaces – and the act establishes
requirements for each. For example,
identification signage for permanent
rooms and spaces is required to have
tactile characters and Braille, and
must be mounted in a consistent,
specific location. Overhead signs
have requirements for minimum text
height as well as installed mounting
height. Directional and informational
signs do not require tactile characters,
but do have requirements for letter
height and legibility. All are intended
to benefit the physically handicapped
and visually impaired.
While the 2010 ADA update clari-
fied some previous vagueness, there
are still many areas not addressed.
Digital signage is a great example. If
you search the entire act for “digital
signage” or “electronic signage,” you
will find zero results. Nothing. So, dig-
ital signage is exempt from the ADA,
right? Wrong.
Digital signage still is impacted by
the intent of the ADA. First, the pro-
truding objects section of the ADA
applies to wall-
mounted digital dis-
plays, such that the
digital sign cannot
project out from a
wall’s surface more
than 4 inches. And
second, “reach rang-
es” ensures that
wheelchair-bound
individuals can
access the interac-
tive functions on
any wall-mounted
operable device,
which includes digi-
tal displays.
What qualifies
as a permanent room or space is the
biggest area of discussion. The best
definition of a permanent room or
space is one “whose function will not
readily or easily be changed.” As black
and white as that may seem, it does
leave a lot of gray area. A restroom
clearly is a room that is not easily
changed. The design of the room and
permanent fixtures make that point.
However, a room numbering system
also would fall into the permanent
designation, but only if the number-
ing system is used on a daily basis.
There is an inclination to consider
back-of-house or staff-only areas
exempt from the permanent room
tactile and Braille requirements. It is,
after all, a nonpublic area. However,
the U.S. code specifically does address
this (SEC. 12112/CRA 102) by identify-
ing that the code is intended for pub-
lic access, as well as for private and
employee areas. The primary areas
the ADA identifies for exception are
temporary signs (seven days or less),
occupant names, and detention or
correctional facilities not in public-
use areas.
Signage in compliance with the
ADA is important, not just from a
legal standpoint, but also because it
is the right thing to do. Focus should
be on best practices, not on following
the letter of the law.When reviewing
these types of issues, the Department
of Justice always will consider if the
intent of the ADA was violated. The
key question is whether an individual
is denied access to (not limited to)
communication, employment, pub-
lic buildings and transportation that
other individuals can access.
Violation of the ADA can result in
fines from $75,000 for a single viola-
tion to a new maximum penalty of
$150,000. Property owners ultimately
may be responsible for the fine, but it
is the occupant with a visual or phys-
ical impairment that is really paying
the price for a facility that is limited
or restrictive.
As long as we think in these terms
when exploring the gray areas of the
ADA as it applies to signage, then
our solutions won’t be part of future
Department of Justice litigation and,
most important, we will satisfy the
signage and wayfinding needs of all
individuals.When in doubt, focus on
best practice.
s
Ian Hillgartner
Business
development
manager,
ASI Signage
Innovations,
Englewood
Codes
Identification signage, required for permanent rooms and spaces, must have tactile char-
acters and Braille, and it must be mounted in a consistent, specific location.
