Accessibility Checklist to Make Life Easier for Persons with Disabilities

Members of the Disabled Community should have easier access to buildings and other amenities with the introduction of an Accessibility Checklist, under the Disabilities Act of 2014.

This checklist is designed to identify architectural and communication barriers encountered by persons with disabilities in private and public facilities.

It is based on the Americans with Disabilities Act Accessibility Guideline and Chapter 11 (Accessibility) of the Kentucky Building Code 1997.

Speaking with JIS News, Executive Director of Jamaica Council for Persons with Disabilities (JCPD), Dr. Christine Hendricks, says that a group from Jamaica visited the United States from as far back as 2016, to look at how disability matters are dealt with, in their Department of Labour.

As part of that study tour, the delegation observed how policies were created for persons with disabilities, and how these policies are practised on the ground.

During the tour they also visited the Access Board in Washington to observe the work being done and to view their accessibility checklist. The list assists owners of property to give an audit of their environment to ensure that their space is accessible to persons with disabilities.

Dr. Hendricks points out that on their return to Jamaica, the information garnered, along with the checklist, was shared and, subsequently, the JCPD wrote to the Bureau of Standards Jamaica (BSJ) to ascertain whether or not this checklist would be in sync with Jamaica’s building code and what would be acceptable in Jamaica.

She notes that after a series of consultations and reviews it was determined that the checklist meets international standards and, therefore, would form part of Jamaica’s building code.

Dr. Hendricks points out that the checklist does not only speak to the auditing of buildings to make them accessible but it also provides a guide as to how entities can ensure that their websites are accessible to persons with varying disabilities, such as blindness and intellectual challenges.

“Accessibility is not just about ramps and rails, it is also about the width of doorways, the placement of signage and font types. Basically, it involves all that have to do with ensuring that persons with disabilities can participate in all levels of the society,” she says.

Although the checklist forms part of Jamaica’s Building Code, it is also available as a pull-out document to private and public stakeholders to conduct audit of their spaces.

The Disabilities Act references the Building Code and the Building Act, and buildings constructed prior to the Disabilities Act, coming into effect February 14, 2022, will have two years from the effective date to bring their premises up to standard.

However, in the case of very old buildings, where retrofitting may be impracticable, the Act makes provision for what is defined as disproportionate or undue burden.

This is applicable if the value of the retrofitting is greater than the value that would accrue to the business, and this would be considered by a Tribunal, which means it has to be proven to the Tribunal. Once it is proven and accepted, allowances are made.

Dr. Hendricks points out that the Disabilities Act is not to put excessive burden on society but is to help persons to understand that “we need to have a space where all members of society can participate freely”.

In instances where persons claim disproportionate or undue burden, if proven by the Tribunal, the Government, acting through the JCPD, may assist where practicable.

“Persons with disabilities are part of the citizenry and provisions should be made to ensure that everyone actively participates in society,” she adds.

Under the Disabilities Act, “access” means to approach, enter and move around within a premises; the freedom to make use of any benefits; and to communicate with someone as well as to be able to receive and make use of information.

Content published on the world wide web should be designed to meet Web Content Accessibility Guidelines published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (C3C).

The Disabilities Act is in keeping with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Jamaica has signed on to the Convention along with 60 other countries.

Where persons or organisations do not follow the guidelines under the Act, persons with disabilities can make a complaint through the Disabilities Rights Tribunal.

For further information on how to get a copy of the Accessibility Checklist, persons may visit the JCPD website at www.jcpdja.com.