Offices: Daytona Hollywood Palm
Beach Orlando Tampa & Port St. Lucie
Phones
& ADA Compliance
Are telephones required in
the elevator and what is an ADA compliant telephone?
ASME A17.1b, 1998
(Safety Code for Elevators and Escalators),
A17.2, 1998 (Guide for Inspection of Elevators, Escalators, and
Moving Walks), and A17.3, 1996 (Safety Code for Existing Elevators and
Escalators), adopted by Florida, require telephones or other
acceptable communication devices to be available in elevators and also require that they be tested on a
routine and periodic basis.
ADAAG (Americans with
Disabilities Act Accessibility Guidelines), ANSI A117.1,1998 (Accessible
and Usable Buildings and Facilities) and
the Florida Building Code 11-4.10.14 not only require a telephone in all
elevators located in public buildings, but also require that the telephone or
communication device must also contain certain components commonly known
as "ADA compliant". President George Bush signed the Americans with
Disabilities Act on July 26th, 1990. This is referred to as
the ADA. An "ADA compliant" telephone includes features which make it
hands free operational. Additionally, the telephone system must alert
the user indicating the call has been dispatched, the call has been
received, and that help is on the way. Proper signage, Braille and
accessibility requirements must also be met. These additional elements
are required for persons who may otherwise be unable to communicate the
emergency.
Note that the ADA is
not code, but Federal Law which is regulated and enforced by the United
States Department of Justice. In addition, Florida is unique in that the
State has its own Constitution. Florida's Constitution, Section 2, Basic
Rights states "No
person shall be deprived of any right because of race, religion, national
origin, or physical disability."
This is unlike most other states and we recommend consultation with legal
council prior to dismissing any potential concerns. Unfortunately, it
appears that the most common enforcement of ADA compliance occurs through
litigation against building owners.
What
about an elevator that was installed prior to 1990?
ADAAG requires that
architectural and communication barriers be removed immediately
from buildings existing at the time the act was passed. Since this act
was passed more than 14 years ago, it would be most prudent to install an
ADA compliant telephone immediately.
Without the properly
compliant telephone installed, a property owner may be open to lawsuits by
users of the equipment. The cost of installing these devices is certainly
cost effective considering possible litigation expenses and penalties if
found not in compliance. The State of Florida cannot give a variance to
requirements of ADAAG, as it is a Federal law and supersedes State
building codes or laws. As recently reported by National Public Radio,
the State of Florida is leading the country in lawsuits filed in Federal
Court against building owners for noncompliance of ADA.
Many elevator
contractors have limited understanding of ADA compliance issues, however,
your elevator maintenance contractor should be able to assist you with the
purchase and installation of an ADA compliant telephone. If you have
additional concerns or need assistance, please contact us and we will
provide you with additional contact resources. Florida Certified
Elevator Inspections, Inc. does not retail or distribute telephones or any
other types of elevator equipment, and we remain completely impartial in
assisting building owners in choosing products or vendors. It is
important to remember that the building owner is the party ultimately held
responsible for compliance issues.
The
photograph below is a sample of what we often find while performing
reviews of elevators.
The telephone box is approximately 6' 6" (78") from the cab floor (not ADA
compliant).
Even if the elevator passenger requiring assistance
could reach the phone box, there will
be no help readily available, as
there is not even a communication device within the elevator cab.
(Place your curser over the photograph to see what is inside the
"Emergency Telephone" panel)
Note: You must have
"JavaScript" enabled on your computer to see the alternate photograph.