Accessibility and Employment:
What People with Disabilities Need to Know
For commercial property and facility managers and owners it can be confusing to understand ADA Guidelines, especially when it seems that the goal line is constantly moving.
The ADA (American disability Act) codes started with the ANZI 117.1 of 1961, it was the standard to implement the access requirements. In California, in 1971, Health and Safety Code 19959 was passed that required all alternations, repairs and additions be accessible. In 1982, The California Building Code T24 went into effect replacing the 1961 ANSI standards. Since then, codes have seen multiple changes with recently the new 2010 ADA code and 2010 T24 CBC.
As Recent as August 1st 2012, The California Division of State Architect implemented a new “Finding of Emergency regarding the California Building Code” due to conflict between state and federal accessibility regulations that cannot be resolved by using the more stringent of the two requirements.
Enforcing the current California Building code will force a violation of the 2010 ADA code; by violating the technical items of the ADA act creates a violation of the California Civil Code section 54(c), which in plain English means a lawsuit.
The above language leads to a situation “damn if you do and damn if you don’t” like running in circles, obtaining a permit from the building department might not be enough to avoid the lawsuits even over a fraction of an inch violation.
California recognized the need to make some immediate modifications to its code, to match the Federal code, those modifications are in effect immediately until the new California code 2013 CBC that will be published on January 2014. The main changes that actually consist of a relief for local contractors and building officials are:
In California alone over 12,000 private suits have been filed under the ADA, (one lawyer in Sacramento filed 300 law suits) typically these actions seek not only to have infractions corrected but also an award of monetary damages to the plaintiff. The cost of settling either in court or out of it will far exceed the cost of paying for any remediation. California accounts for 42% of all ADA litigation nationwide. Don’t be the next one.
Don’t delay taking the first crucial step on making sure business property or facility meet ADA guidelines. It is the Law, Engage a qualified CASp firm to do an ADA survey of your premises and give you a confidential report of findings, potential solutions to base your implementation plan on; make sure the firm is qualified and have the proper insurance and experience.
Ninth Circuit Upholds Owners Rights to Seek Contribution From Third Parties for ADA Violations
By: Andrea Koskey | 05/20/12 4:00 AM
SF Examiner Staff Writer
Read more at the San Francisco Examiner: http://www.sfexaminer.com/local/2012/05/ada-complaints-san-francisco-cause-legal-headaches-businesses#ixzz1vuUZKYUx
For complete guide
US Department of Justice, Tax Incentives for Businesses click here
Americans with Disabilities Website http://www.ada.gov/
US Department of Justice Website http://www.justice.gov/
California Title 24 Website http://www.adapacific.org/docs/ADA/Title24regulations.pdf , http://www.adapacific.org/index.php
Access Board Website http://www.access-board.gov/
List of California State Certified Access Specialists https://www.apps.dgs.ca.gov/casp/casp_certified_list.aspx
California chamber of Commerce SB 1608 Disability Access Law
"August was an extremely difficult month for nine small businesses on Ocean Avenue who suffered great losses due to a four-alarm fire. Since then, Mayor Lee, the Office of Small Business and many City departments have come together to provide assistance in helping these businesses get back on their feet."
"Bassam Altwal, Certified Access Specialist from CalAccessibility, has donated his personal time to conduct ADA-related inspections for these businesses."
To read full article in the bulletin
Thriving in a Trade School with a Disability
by Bassam Altwal
CASp Certified ADA Compliance - Surveying & Design Services
Discrimination and Addiction:
How to Overcome Prejudice Without Relying On Drugs and Alcohol
Disability Accommodation Cost Guide
Office of Small Business Presents