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Legislation |
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| The
following is intended as
a guideline in regards to
the current legislation
in the U.K and the Rep.
of Ireland. We have also
included some information
with regards to how current
legislation affects both
Historical Buildings and
Landlords, as well as frequently
asked questions on 'DDA'
and 'Building Regulations'
issues. |
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| UK
DDA : |
The
Disability Discrimination
Act (DDA) aims to end discrimination
against disabled people,
and offers them new rights
of access to business premises
offering goods, facilities
and services to the public.
Since October 2004, businesses
and service providers have
been required to take reasonable
and positive steps to ensure
their services are accessible
to disabled people.
It is important to remember
that the DDA is about people
and not buildings. The Act
does not include standards
for accessible building
design, though the relevant
Codes of Practice do refer
to Part M of the Building
Regulations as a reasonable
standard. |
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| Service
Providers: |
Service
providers have had to comply
with all the requirements
of Part III of the Act from
October 2004 and have a
duty to make reasonable
adjustments to any physical
features, including furniture
and displays, which make
it impossible or unreasonably
difficult for disabled people
to use the service provided.
Since 1st October 2004,
all service providers have
had to have make “reasonable
adjustments” to the
physical features of their
premises to overcome the
barriers to access faced
by disabled people. This
can be done by altering,
removing or providing reasonable
means of avoiding such physical
features. The extent of
adjustments that a service
provider is obliged to make
depends on a number of factors,
including their resources
and the disruption that
making the adjustment will
cause. |
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| The
Building Regulations 2000:
Approved Document Part M
(2004): |
Access
to and use of Buildings;
Compliance with Part M of
the Building Regulations
has been revised to incorporate
the new standards established
by BS 8300 (2001). Part
M, which is a minimum standard,
now applies to ‘an
existing non-domestic building
[which] has been extended,
... undergone a material
alteration, or a material
change of use other than
to principles underpinning
the protection a dwelling
or number of dwellings’.
Part M requires reasonable
provision that buildings
are accessible to, and usable
by, all those who could
be expected to use them,
including the elderly and
carers with young children.
Compliance with Part M of
the Building Regulations
can be used to establish
reasonable provision under
the DDA. Non-compliance
does not, however, automatically
imply discrimination, as
there may be other ways
of providing reasonable
access to the service. |
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Landlords
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From
December 2006 landlords
will have to make: “reasonable
adjustments to their policies,
practices and procedures,
and provide auxiliary aids
and services, when requested
to by a disabled person.”
Perhaps the most important
and far reaching aspect
of the 2006 changes is that
thousands of disabled people
that have been refused permission
to alter or adapt their
homes, can now force through
changes to make their home
more suitable for their
disability.
“The
revised legislation goes
some way to closing the
gaps with regard to disabled
people’s rights to
housing,” explains
Agnes Fletcher, assistant
director for Communications
at the DRC. “It means
that social and private
landlords are covered by
reasonable adjustment duties
of the DDA that apply to
other services. The consultation
on the revised Part 3 Code
gives social and private
landlords the opportunity
to explore how these duties
will affect their role as
landlords as well as improve
access to housing for disabled
people.”
It is law to make these
changes. Not a choice, and
often the changes required
to become DDA complaint
are easier and cheaper than
you think. A simple ramp
to cover a step can make
the world of difference
to a wheelchair user. Basically,
a small injection of money
can mean increased business,
better public image and
the knowledge that a potential
lawsuit under the DDA is
not waiting around the corner.
Ramps and Level Access;
The Disability Rights Commission
notes that: “Steps
are the single biggest barrier
to independent access for
people with mobility impairments:
many shops and other business
are located in premises
where there are one or more
steps to the front door.
If you have a step or steps
to your main entrance door,
it is worth looking at all
the possibilities and then
deciding which ones are
realistic for you to undertake.”
Ramps fall into two categories
– Fixed/Semi-permanent
Ramps and Portable Ramps.
The appropriate category
of ramp is dictated by the
location and function of
the particular access route.
Where possible, independent
access for disabled people
should be achieved with
the provision of a fixed
or semi-permanent ramp.
Where site location precludes
the installation of a fixed
or semi-permanent ramp,
a portable ramp should be
available for deployment
by staff members.
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| Legislation
Regarding Historical Buildings
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From
the 1st of October 2004,
owners of historic buildings
have been compelled by law
to carry out alterations
to make their buildings
accessible to disabled people.
Since 1999 Part III of the
Disability Discrimination
Act has required all 'service
providers', including owners
and tenants of listed buildings
and scheduled monuments
open to the public, churches
and employers with more
than 15 employees, to provide
information and assistance
for disabled persons. Since
the 1st of October 2004
they have also been additionally
required to carry out 'reasonable
adjustments' to the physical
features of their buildings.
The Disability Rights Commission
also announced that the
duty will be extended to
include all employers and,
since the 1st of September
2005, the Secondary Education
Needs and Disability Act
2001 (SENDA) has also included
owners and tenants of historic
buildings used for higher
education, such as universities.
Access solutions should
neither marginalise nor
overstate disabled persons'
needs. For example, if it
is not possible for disabled
people to use the main entrance,
the new entrance should
be as close possible to
it, so that the dignity
of disabled people is not
harmed. The main entrance
should be adapted in preference
to a side or rear entrance.
It is also important that
the access point is available
to all, rather than exclusively
to disabled users. |
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| Internal Disability Access Ramp |
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| Residential Disability Access Ramp |
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| Colour Contrasting Handrail to Disability Access Ramp |
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| External Disability Access Ramp to Church |
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