In recent years,owners and occupiers of buildings have had to respond to the differing legislative demands of Approved Document M of the Buildings Regulations 1992 and the Disability Discrimination Act (DDA) 1995,the final part of which came into effect in October 2004. Yet there is still a lack of awareness among many companies as to whether or not the latest legislation applies to them and what they have to do to ensure compliance.And,as ever with emerging regulatory requirements with a price tag attached,there will be a variety of approaches – from those looking to invest the bare minimum in meeting the new legal imperatives and those with a broader sense of social responsibility keen to ensure a common high standard of accessibility for all users,whether able-bodied or not.

So what obligations does the DDA place on owners and users and how can they ensure compliance?

One of the first misunderstandings is to consider disability purely in terms of wheelchair access. The DDA defines a disabled person much more broadly,as someone with:“A physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.”

There are an estimated 10 million disabled adults in the UK.In 1999, the DWP Research Report,‘Disability in Great Britain’,found,for example,that more than a quarter of disabilities were not locomotion- related:indeed,wheelchair users account for less than 20% of all disabled people.

The DDA therefore applies equally to the blind and partially sighted, those with hearing difficulties, people with long-term illnesses and those with learning disabilities,all of whom face very different problems regarding physical access to and within buildings.

Access to goods and services

Under the DDA,employment rights and the first rights of access came into effect in 1996 and are now well established.Under Part II of the Act,for example,employers with 15 or more employees are required to consider making changes to the physical features of their premises - including access to,and use of,lifts.

Part III of the Act provides parallel rights of access to everyday services,and it is in this area where many are unclear as to their obligations.

Here,duties have come into force in three stages.Since December 1996, it has been unlawful for service providers to treat disabled people less favourably than other people for reasons related to their disability.In addition,from October 1999,service providers have had to make reasonable adjustments for disabled people,such as providing extra help or making changes to the way they provide their services.

Critically however,as the final stage of the Act has come into effect,so service providers now have to consider making permanent physical adjustments to their premises to overcome barriers to access.

A checklist for compliance

The first thing to note is that Part III applies to all service providers for,unlike the employment provisions of the Act,there are no exemptions on the basis of their size.Further,it applies to passenger lifts with power doors only and not,for example,to goods lifts with shutter doors.

When advising clients on what is required to meet the provisions of the DDA,at Pickerings we have adopted a Conformity Checklist to ensure full compliance.Areas covered include:

Initial access – the entrance to the building may require a ramp or equivalent to aid wheelchair or other disabled access.

Signposting – information regarding lift location must be both written and tactile,for the visually impaired.

Stopping accuracy – the lift car must stop within very tight limits of the floor level,to enable easy disabled access.

Call buttons – most lift buttons are set at around waist height.To meet the new regulatory requirements,these should be set lower on both the ground floor and landings,to make them accessible for wheelchair users.Similarly,the buttons should be tactile,illuminated and emit an audible ‘bleep’ to confirm call acceptance.The call panel,call buttons and car walls should all have contrasting colours. Door sensors – to ensure the doors do not close prematurely,full height infra-red sensors should be fitted to the car doors.

Interior mirrors – where the lift is small, preventing the wheelchair from being turned around,a mirror must be fitted on the opposite wall of the lift to aid reversing on exit.

Interior call buttons - for the same reason,call buttons inside the lift car should be set on a horizontal plane on a compliant handrail. Specifications also cover how far the call buttons and exit(i.e. ground floor)door button must protrude from the car wall.

Emergency alarm – this should include a visual confirmation of operation.

The above list is by no means exhaustive but provides a clear indication of the kinds of issues which need to be addressed when considering the particular needs of disabled users.

Cost of course is an issue.Existing lifts in older buildings may require major modification to achieve full compliance,whereas those in more recent installations are likely already to be partially compliant.In both cases however,the cost of modifications to meet the new regulatory demands will be a fraction of those related to the installation of a new lift.

Must I do this?

Underpinning all these changes is the principle of ‘reasonable adjustment’.The onus is on the owner or user of the building to anticipate,rather than respond to,the needs of disabled customers in accessing their services and this is an on-going rather than a one- off duty.

There are however two caveats,the extent of which have yet to be tested in law. Firstly,the extent and period of time over which implementation must take place must be realistic.If a building has five lifts for example,for the moment at least not all need to be DDA compliant to meet the law’s minimum requirements.

Similarly,if a company (such as a retail organisation)operates a large number of outlets with lifts,it is unlikely that modifications will be required at all locations immediately;compliance will however require a programme to be in place to complete the necessary changes within an acceptable timeframe.

Secondly,if it is not feasible to change existing policies or practices,then it will be acceptable to provide an alternative method of making the services available.So,for example,if it is impractical to install a lift in an existing building,it may be regarded as reasonable to provide all the relevant services on the ground floor only.

Responsibilities

It should be recognised that the Disabilities Commission has teeth and penalties can be imposed for non-compliance.

Yet more broadly,an increasing number of organisations today have a greater awareness of their social responsibilities and are recognising the particular importance of providing adequate disabled access in their markets.

As a result,Pickerings Lifts is already working with major companies in the hotel,leisure,healthcare and retail sectors for example. Organisations in the public eye such as housing associations and local authorities are also well aware of the need to provide an acceptable level of access and the public sector in general has already undertaken a lot of work in this area.

Manufacturers are well aware of their general responsibilities under current legislation and all new lifts installed in the UK must carry a ‘CE’ mark,confirming compliance with the latest European standard ENA 81/70.At Pickerings we have created a specialist Access and Mobility Group as part of a comprehensive response both to the demands of the DDA and the broader need to ensure full equality of access.

In particular,Pickerings Lifts and its Access and Mobility Group works closely with owners and operators of both new and existing buildings to ensure compliance with the new regulations,each of which presents particular difficulties.For example,making sure that existing buildings comply can be particularly problematic,with listed buildings often giving rise to issues around a lack of space and the need to provide access between uneven levels.

Pickerings Lifts’ Access and Mobility Group provides a comprehensive range of vertical and incline platform lift solutions designed to carry a wheelchair and attendant up from a single step to several floors.Unlike many lift vendors however,it also provides a complete bespoke design,installation and back-up maintenance and repair service,including a nationwide network of expert engineers providing 24 hour 365 day support.

Similarly,Pickerings Lifts’ Key Account Team works proactively with existing clients in helping them meet the provisions of the DDA.

Pickerings Lifts typically undertakes a full audit of existing provision for compliance purposes and provides photographic explanation as part of a comprehensive support package to enable a full understanding of what is required.

A pretty face?

One final,but important,consideration is that lifts and other similar devices are generally viewed as purely functional and,as a result,are in the main utilitarian and visually unappealing.

This can present problems,especially for example in existing buildings with a strong architectural heritage or environments with a particular image,where it is important that any access solution be regarded as a positive asset.In working with an architect or builder on,say,an office or retail development,it is important that the solution is designed not just to transport people from A to B but also to enhance the overall user environment.

Something which is worth bearing in mind.

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