Tip of the month
Smithsonian Exhibit Puts Focus On Accessible Design
From clothing to utensils and computers, a new exhibit is showcasing the varied and increasing ways that today's world is adapting to accommodate the needs of people with disabilities. Read More > .
The Division of the State Architect (DSA) has released a new document, the Electric Vehicle Charging Stations, Accessibility: FAQs, as a part of our ongoing effort to encourage consistency in the design and construction of projects. The FAQs and other resources can be found on DSA’s Electric Vehicle Charging Station Accessibility webpage. Please direct any questions to Ida Clair, principal architect, at (916) 322-2490 or email@example.com.
Dear accessibility colleague,
As long-time accessibility consultants, we observed a common problem in medical facilities. Patients with mobility challenges had to be awkwardly lifted onto high exam tables, facing serious injury during the transfer. If not lifted onto fixed-height exam tables, they were examined while seated in their wheelchairs in less-than-thorough exams. Many patients couldn't stand to have their weight read and were asked to estimate their weight - something no able-bodied patients were asked to do. Both scenarios illustrate failures by medical facilities to provide equal care to all patients. Not only is this bad medicine and bad for business, it's also a clear ADA violation.
The U.S. Access Board recently published standards for accessible medical equipment. The time is ripe to make this an ADA compliance priority.
Our company has developed an all-in-one equipment solution for accessible medical exams, one that meets and exceeds the Access Board standards - The UpScale. Finally, patients of all abilities can have a head-to-toe exam and have their weight and height measured, too.
The UpScale is a powerful, all-in-one height-adjustable exam table with built-in weight scale, accessible knee stirrups and height measurement tool - designed by ADA experts for maximum compliance and patient safety.
Click on the video below to learn more about:
• Avoiding ADA lawsuits.
• Improving patient and staff safety through better safe patient handling.
• Saving money and space with an affordable two-in-one design.
Under the ADA and Section 504, medical equipment must be accessible to patients of all abilities. Make this a compliance priority and help create a safer exam experience with the UpScale.
Contact me for more information about medical equipment access and our referral program.
Paul Farber Vice President - Compliance and Operations
Medical Accessibility LLC | We Make Accessible
The American National Standards Institute (ANSI) recently approved the 2017 edition of the ICC A117.1 Standard on Accessible and Usable Buildings and Facilities. This voluntary consensus standard, which provides technical provisions for accessible spaces and elements in facilities, is referenced by the International Building Code (IBC). (The 2018 IBC will reference the prior edition of the ICC A117.1 Standard, so jurisdictions that wish to implement the 2017 edition will have to adopt it specifically.)
The new edition features enhanced requirements for clear floor space, turning space and accessible routes based on new research on human measures and wheeled mobility. It also includes new provisions covering acoustics in classrooms, electric vehicle charging stations, and components in public rights-of-ways such as curb ramps, blended transitions, detectable warnings, and on-street parking. The International Code Council (ICC), which maintains the IBC and serves as the secretariat for the ANSI A1171 Committee, will publish the new standard in June. Visit the ICC's website for further information.
The New England ADA Center has released an online ADA Action Guide for State and Local Governments to help public sector entities understand and fulfill their obligations under the law. The guide explains provisions in title II of the ADA, including requirements for effective communication and access to facilities and programs. It also decribes actions that state and local governments must take, such as appointing an ADA Coordinator, establishing grievance procedures, conducting self-evaluations, and implementing transition plans. The material includes sample documents and self-evaluation forms, answers to frequently asked questions, and best practices. Further information is available on the New England ADA Center's website.
Jim Pecht, an Accessibility Specialist at the Access Board for over 25 years, will retire from government service at the end of June. Pecht joined the Board in the fall of 1991 not long after the Board issued the original ADA Accessibility Guidelines (ADAAG). In his first months on the job, he helped handle the high volume of calls on the ADA and ADAAG that the Board received through its dedicated hotline. He continued to be a mainstay of the Board's Technical Assistance program over the full course of his tenure, providing expert technical assistance on a regular basis and conducting webinars and training sessions on ADAAG and other Board guidelines and standards.
Pecht was active in the Board's review and update of ADAAG and led the update of companion guidelines for federally funded facilities covered by the Architectural Barriers Act (ABA). He was instrumental in coordinating these updates and harmonizing the ABA guidelines and ADAAG.
As the Board's librarian, he updated and expanded the agency's collection of technical resources, almost doubling its size. He overhauled and reorganized the library and oversaw development of a searchable database. In addition to these duties, Pecht served as the agency's lead illustrator. He created figures for the Board's guidelines and illustrated slideshows and technical bulletins, including the online guide to the ADA and ABA Standards. He also modelled facilities and spaces for use in the Board's popular series of accessibility animations.
The next webinar in the Board's free monthly series will take place July 6 from 2:30 – 4:00 (ET) and review requirements in the ADA and ABA Accessibility Standards for courthouses. It will cover access to courtrooms, including jury boxes, witness stands, and judges' benches, as well as other spaces and elements of courthouses, such as secured entrances and holding cells.
The following webinar in this series on August 3 will present findings from a study sponsored by the Board that assessed the impacts of rough and uneven surfaces on wheelchair travel.
Visit www.accessibilityonline.org for more information or to register for the webinars. Questions can be submitted in advance of the session or can be posed during the webinar. Webinar attendees can earn continuing education credits. The webinar series is hosted by the ADA National Network in cooperation with the Board. Archived copies of previous Board webinars are available on the site.
Section 508 Best Practices Webinar
The Board also offers a free webinar series on standards issued under Section 508 of the Rehabilitation Act which requires access to information and communication technology in the federal sector. This year's sessions focus on the updated Section 508 Standards published by the Board in January. The next webinar in this series is scheduled for July 25 from 1:00 to 2:30 (ET) and will review requirements for hardware, including mobile devices, in Chapter 4 of the revised 508 Standards. Presenters will cover provisions for speech-output for devices with display screens, access to two-way voice communication, privacy, closed captioning, audio description, operable parts and user controls.
For more details or to register for this session, visit www.accessibilityonline.org/cioc-508/schedule. The Section 508 Best Practices Webinar Series is made available by the Accessibility Community of Practice of the CIO Council in partnership with the Board
The Access Board will hold its next meeting July 12 from 1:30 – 3:00 (ET) at the Board's conference space in downtown Washington, D.C. The public is welcome to attend in person or through a live webcast of the meeting.
A public comment period will be held during the final 15 minutes of the meeting. Those interested in making comments in person or by phone should send an email to Rose Bunales at firstname.lastname@example.org with "Access Board meeting - Public Comment" in the subject line. Please include your name, organization, state, and topic of your comment in the body of the message.
Meeting of the U.S. Access Board July 12, 1:30 – 3:00
Webcast link: www.access-board.gov/webcast Access Board Conference Center 1331 F Street, NW, Suite 800
Note: For the comfort of all participants and to promote a fragrance-free environment, attendees are requested not to use perfume, cologne, or other fragrances.
On May 9, the Access Board held a town hall meeting in Minneapolis that featured panelists from the Target Corporation's accessibility program and local speakers on outdoor recreation. The event, which was held at the University of Minnesota, also included an open forum that invited comments or questions from the public. Board Chair Deborah Ryan and Executive Director David Capozzi opened the meeting with introductions and an overview of the Board and its work.
The first presenter was Barry Grieve who serves as Building Regulatory and Strategy Lead for the Target Corporation. He provided an overview of the work of the company's Accessibility Team which was formed 11 years ago to promote accessibility and compliance. He outlined some of the procedures and practices that have been implemented, such as conducting accessibility reviews at the outset of remodeling projects and providing access to all store check-out aisles instead of to just a portion. In addition, Target has a Digital Accessibility Team that focuses on access to the company's website and online services. He also described related activities, including Target's membership on the ANSI A117 Committee which maintains voluntary consensus standards for accessibility referenced by the International Building Code.
Greg Lais, Executive Director of Wilderness Inquiry, followed with a presentation on access to outdoor recreation. Wilderness Inquiry is a nonprofit organization that introduces youth, families, and people with disabilities to the natural world through outdoor trips and adventures. His presentation covered accessible features at the Apostle Island National Lakeshore in northern Wisconsin and a nearby Wilderness Inquiry base camp, including accessible tent platforms, picnic tables, toilet facilities, and boardwalks. He promoted compliance with the accessibility guidelines for outdoor developed areas that the Access Board issued for federal lands in 2013 and called attention to the need for updated illustrated guides on achieving access to such sites. In addition, he recommended outreach to state student conservation corps, which help develop outdoor recreation sites, and the Corps Network on integrating accessibility into projects according to the guidelines for outdoor developed areas.
The next presenter was Elise Niedermeier who serves as the ADA Coordinator for the Minneapolis Parks and Recreation Board which oversees almost 180 outdoor sites throughout the city that total over 6,000 acres. She presented examples of access improvements completed at specific sites, including a city park, a cultural and community center, a playground, and a wading pool. She also outlined a $23.6 million plan that is being developed to improve access to existing sites. Based on an accessibility audit that surveyed over 200 sites and facilities, the plan updates an earlier transition plan and would be conducted in three phases. The first phase would involve simple corrective actions, including those that can be accomplished as part of routine maintenance, while the second phase would focus on access to recreation sites that are newly covered in the 2010 ADA Standards, including playgrounds, golf facilities, sports courts and fields, and boating and fishing facilities. The third phase features more complex corrective actions that require long range planning. A report on the plan, which is currently being finalized, will be released for public comment this summer.
During the open forum that followed the presentations, the Board invited comment from the public. Members of the audience called attention to areas where accessibility needs to be further addressed, including websites, pedestrian signals, transition planning for public rights-of-ways, and outdoor developed areas. It was noted that consensus standards for classroom acoustics that were developed with support from the Board are now applied to new school construction in Minnesota. In addition, concerns were raised about the availability of information in braille in government offices and universities, access to paper currency for people with vision impairments, and accommodations in the workplace for employees who are deaf. Several advised that action is needed on accessibility for people with age-related disabilities, morbid obesity, and deaf-blindness.
Each year, the Board substitutes one of its bimonthly meetings in Washington, D.C. with a town hall meeting in a different city. Details on next year's event will be released as they become available.
US Access Board issues the new
Standards for Accessible Medical Diagnostic Equipment.
PDF: Standards for Accessible Medical Diagnostic Equipment.
The new standards are optional at this time, because they have not yet been adopted by any enforcing agency. Once an enforcing agency adopts them they will have some regulatory requirements.
Basically, the technical guidelines apply to types of equipment by the way that patient position:
Supine, Prone, or Side Lying
The standards are lengthy and detailed, so here is a Drobox link to a “Webinar” that was recently conducted to introduce them and provide an overview. Here
One good use for the standards would be to specify that a percentage of newly purchased equipment comply with the standard – typically in general use areas regulators call for a minimum of 5% and in some cases 20% and in orthopedic areas it may be up to 100% (these percentages will be established when an enforcing agency adopts the standard).
Some interesting statistics – based on a 2004 national Survey, they found these statistics regarding existing Barriers Affecting Accessibility and Usability of Medical Diagnostic Equipment, which are what established the mandate to create the standard:
• 75% - examination tables moderately difficult to impossible to use
• 68% - radiology equipment moderately difficult to impossible to use
• 53% - weight scales moderately difficult to impossible to use
• 50 % - examination chairs moderately difficult to impossible to use
Also refer to the attached DOJ Document that has been around for a while Access To Medical Care For Individuals With Mobility Disabilities.
Recent legislation (Chapter 818, Statutes of 2016 [AB 1732]) requires that single occupancy (single-user) toilet facilities be identified for use by any gender, as opposed to being gender specific. This requirement applies to new facilities and existing facilities, effective March 1, 2017. The Division of the State Architect (DSA) announces the issuance of BU-17-01: Identification of Single-User Toilet Facilities as All-Gender to provide guidance for identifying single-user toilet facilities as all-gender toilet facilities in accordance with the accessibility provisions of the California Building Code.
This bulletin provides direction and clarification to schools, community colleges, and other entities under DSA’s jurisdiction, to aid them in complying with new state law requirements. This bulletin may also be used by entities outside of DSA's enforcement authority, such as business establishments, places of public accommodation, and state and local government agencies, as a guide, subject to interpretation and enforcement by the local agency.
Please direct any questions to Ida Clair, Principal Architect at (916) 322-2490 or email@example.com
The Division of the State Architect (DSA) issued form DSA 1-RUH: Request for Finding of Unreasonable Hardship for use by design professionals on projects under DSA's enforcement jurisdiction. The form facilitates the submission of the required information DSA needs to determine that full compliance with path-of-travel requirements is an unreasonable hardship. In accordance with California Building Code section 11B-202.4, a request for finding of unreasonable hardship is applicable only to projects that have an adjusted construction cost exceeding the valuation threshold. Please direct any questions to Ida Clair, principal architect, at (916) 322-2490 or firstname.lastname@example.org.
A new animation on accessible signage is now available from the U.S. Access Board as part of its online guide to standards issued under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA). The 15-minute animated film reviews and illustrates requirements in the standards for signs and clarifies common sources of confusion. It covers provisions for visual access, tactile signs, required access symbols and other pictograms.
"We're excited to make this resource available so that the provisions for signs are correctly understood and applied," states Marsha Mazz, Director of the Board's Office of Technical and Information Services. "The Board receives many questions on this subject, and the new animation is very effective in answering them."
The signs animation is the latest in a series produced by the Access Board. Other animations address wheelchair maneuvering, entrances and doors, toilet and bathing facilities, protruding objects, and parking and passenger loading zones. The animations are viewable on the Board's site, and copies of them can be downloaded as well.
See on our website here
The Board's online guide to the ADA and ABA Standards also features technical bulletins that explain and illustrate requirements and address common questions. Bulletins are currently available on the first five chapters of the standards, including application and scoping, building blocks, accessible routes, accessible means of egress, parking and passenger loading zones, and stairways. The Guide to the ADA Standards covers design requirements for places of public accommodation, commercial facilities, and state and local government facilities subject to the ADA. The Guide to the ABA Standards addresses similar standards that apply under the ABA to facilities that are federally funded.
Future installments to the guides will be released as they become available. Users can sign-up to receive email updates on the release of other animations and bulletins in the series.
California Assembly Bill 2093, signed by Governor Jerry Brown on September 16, 2016, went into effect on January 1, 2017. AB 2093 amended California Civil Code Section 1938 and expanded landlord disclosure requirements under commercial leases in California.
Prior to the amendment, Section 1938 required landlords to disclose on every commercial lease whether the property had been determined to meet all applicable construction-related accessibility standards by a Certified Access Specialist (“CASp”).
As of January 1, 2017, the Section 1938 CASp disclosure requirement remains in effect, and landlords are also now required to:
1. Provide a Copy of CASp Inspection Reports. If the property has been inspected by a CASp, landlords must provide a copy of the report prepared by the CASp to a prospective tenant at least 48 hours prior to execution of the lease. If a landlord fails to provide the report, the tenant has the right to rescind the lease, based upon information contained in the CASp report, for up to 72 hours after execution of the lease.
2. Provide a Copy of Disability Access Inspection Certificate. If the CASp inspection report indicates that the property meets the applicable accessibility standards, landlords are required to provide a copy of the current disability access inspection certificate and any inspection report (not already provided as required above) to the tenant within 7 days of the execution of the lease.
3. Include Specific Language in Leases Regarding CASp Inspections. If the property has not been inspected or has not been issued a disability access inspection certificate, landlords must include specific language in the lease disclosing tenant’s rights with regard to the performance of a CASp inspection.
AB 2093 also presumes that any repairs or modifications necessary to correct violations of construction-related accessibility standards (as noted in a CASp inspection report) are the responsibility of the landlord, unless otherwise mutually agreed between landlord and tenant.
In light of these changes to Section 1938, landlords should review and revise current lease forms to ensure they (1) comply with the new requirements specified in AB 2093, and (2) specify which party is responsible for any repairs or modifications necessary in the event the property is found to be in violation of accessibility standards. If a CASp inspection has been completed, landlords should ensure that the report and any disability access inspection certificates are provided to tenants within the time periods proscribed by AB 2093.
The California Capital Access Program (CalCAP) Americans with Disabilities Act (CalCAP/ADA) Financing Program assists small businesses with financing the costs to alter or retrofit existing small business facilities to comply with the requirements of the federal Americans with Disabilities Act (ADA) of 1990.
The CalCAP/ADA Financing Program is a self-sustaining program that will provide a credit enhancement to support private bank loans to small businesses to make required improvements. The businesses that qualify for the program are among the smallest and are at the most at risk.
Visit the website here
• Small Business of 15 or fewer employees Less than $1,000,000 gross annual income
• Facilities less than 10,000 SF
• Limit of loan is $50,000
• Anticipated to start September 2016
The Justice Department announced today an agreement with the city of Milwaukee under Project Civic Access (PCA), the department's wide-ranging initiative to ensure that public entities comply with Title II of the Americans with Disabilities Act (ADA). Under the agreement, the city will, among other things, modify facilities surveyed by the department so that they are accessible, retain an Independent Licensed Architect to survey facilities and programs that were not surveyed by the department and certify that all remedial actions are compliant with the ADA, provide auxiliary aids and services necessary to ensure effective communication, ensure accessibility of polling places, provide accessible curb ramps at intersections throughout the city, and ensure that the city's website will conform with the Website Content Accessibility Guidelines Level 2.0 Level AA. The agreement has a term of three years.
To find out more about the ADA, today's agreement with the city of Milwaukee, the Project Civic Access Initiative or the ADA Best Practices Tool Kit for State and Local Governments , call the Justice Department's toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TDD), or access its here at ada.gov website
The population of people with disabilities inhabit a distinct position in the U.S. economy, both for their contributions to the marketplace and roles in government policies and programs. People with disabilities bring unique sets of skills to the workplace, enhancing the strength and diversity of the U.S. labor market.1 In addition, they make up a significant market of consumers, representing more than $200 billion in discretionary spending and spurring technological innovation and entrepreneurship.... More
With the upcoming Presidential Election, and the candidates’ focus on civil rights, including accessibility. Many state and local elections will face challenges with accessibility of their polling stations. Hire a Certified Access Specialist (CASp) to assist you in navigating the complex regulations and making polling stations more inviting to the disabled community.
Helpful information is available from the U.S. Department of Justice Civil Rights Division Disability Rights Section published an article “Solutions for Five Common ADA Access Problems at Polling Places” available at info here
Governor Edmund G. Brown Jr. signed into law two accessibility–related bills in October 2015:
CHAPTER 787, STATUTES OF 2015 (ASSEMBLY BILL [AB] 1230) California Americans With Disabilities Small Business Capital Access Loan Program
This bill establishes the California Americans with Disabilities Act Small Business Capital Access Loan Program. This self–sustain¬ing program will provide incentives to lenders to make private loans to California small business owners to cover the costs of projects that alter or retrofit existing small business facilities to comply with the federal Americans with Disabilities Act and increase access to their customers. The program with fall within the Capital Access Loan Program (CalCAP/ADA), administered by the California Pollution Control Financing Authority.
AB 1230 places the following statutory limits for participation in the program: Small business of 15 or fewer full–time employees.
Loan proceeds limited to eligible project costs of an exist¬ing facility less than 10,000 square feet.
Less than $1,000,000 in total gross annual income.
No overnight accommodations.
Qualified loan is limited to $50,000.
The services of a CASp and a CASp inspection report will be a critical component for participation in the CalCAP/ADA Program. Details on program development activities, including statewide outreach efforts, are available on the CalCAP/ADA webpage. Once regulations have been developed and approved, small businesses will work with private lending institutions to obtain financing. The program is anticipated to launch in September 2016.
Governor Edmund G. Brown Jr. signed into law two accessibility–related bills in October 2015:
CHAPTER 755, STATUTES OF 2015 (AB 1521) Disability Access: Construction–Related Accessibility Claims
Businesses that have been served with a complaint filed by a high–frequency litigant are entitled to a court stay and early evaluation conference. If requested by the defendant, this bill additionally requires the court order to direct the parties and their counsel to meet at the premises, or other place as speci¬fied, no later than 30 days after issuance of the court order, to jointly inspect the premises, and review any programmatic or policy issues, that are claimed to constitute a violation of a construction–related accessibility standard. For cases filed by or on behalf of a high–frequency litigant, this bill requires the complaint to also state whether the complaint is filed by, or on behalf of, a high–frequency litigant, the number of complaints alleging a construction–related accessibility claim that the high– frequency litigant filed during the 12 months prior to filing the complaint, and the reason why the individual visited the place of public accommodation. In addition, this bill requires a high– frequency litigant to pay a $1,000 filing fee per claim to court, of which, fifty–percent of the collected fees is earmarked for the California Commission on Disability Access. THE CASp REPORT ... More
Wells Fargo has paid a total of almost $15.2 million to 925 people who experienced discrimination in banking in violation of the Americans with Disabilities Act (ADA). This is the largest payment under an ADA settlement with the department. The Department notes Wells Fargo's cooperative engagement throughout the 5-year claims administration process at this successful conclusion.
The agreement resolved numerous ADA complaints alleging that individuals with disabilities were not able to fully access Wells Fargo's facilities and services. Along with the settlement payment to eligible claimants, Wells Fargo removed physical barriers; provided auxiliary aids and services; hired an ADA coordinator; and adopted an effective communication policy to provide equal access to its retail banking and financial services.
For more information or for a copy of the Settlement Agreement, visit:
2- ADA, call the Justice Department's toll-free ADA Information Line
A claims process is now available to compensate people who experienced disability discrimination while traveling or attempting to travel on Greyhound. The claims process is part of a consent decree that resolves nationwide Americans with Disabilities Act discrimination claims brought by the Justice Department. Greyhound Lines, Inc. has hired a Claims Administrator to distribute an uncapped amount of compensation to people who experienced disability discrimination while traveling or attempting to travel on Greyhound.
Individuals eligible for compensation must:
• have a disability;
• have traveled or attempted to travel on Greyhound between February 8, 2013, and February 8, 2016;
• experienced a disability-related incident during the travel or attempted travel (for example, lack of accessible transportation or transportation-related services, Greyhound’s failure to make disability-related accommodations, etc.); and
• submit a Claim Form by mail, email, or online, to the Claims Administrator by no later than November 10, 2016.
Instructions regarding the claims process are available at the Claims Administrator’s website. The Claims Administrator can also be reached by email, by telephone, toll-free at 844-502-5953 or 800-659-2656 (TTY), or by mail at U.S. v. Greyhound Claims Administrator, c/o Class Action Administration LLC, PO Box 6878, Broomfield, CO 80021. Assistance is available from the Claims Administrator for those who are unable to complete the Claim Form due to a disability.
To learn more about the Department’s lawsuit and settlement with Greyhound that established this claims process, visit the ADA website .
In accordance with the 2013 California Building Code Chapter 2 definition of valuation threshold, the 2016 valuation threshold is $150,244.00 and will be updated again in January, 2017.
Additional information on the valuation threshold for alterations, structural repairs or additions to existing buildings is available on DSA's Valuation Threshold Web page.
Eagle Project Management LLC can assist with the evaluation of small and large projects to facilitate the permitting process, identifying the scope of accessibility improvements that are required for your planned remodel.
The U.S. Department of Justice’s Civil Rights Division (DOJ) and the U.S. Department of Transportation’s Federal Highway Administration (DOT) issued joint technical assistance, entitled “Questions and Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the Americans With Disabilities Act Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing."
This supplemental document responds to frequently asked questions that the Federal Highway Administration (FHWA) has received since the 2013 technical assistance document was published. The document issued today is not a standalone document and should be read in conjunction with the 2013 DOJ/DOT Joint Technical Assistance
Roger Miller, Eagle Project Management is available to assist you with all of your accessibility consulting needs
: As you may be aware, the Department of the State Architect has taken a more proactive approach in their evaluation of projects that are submitted for review. They have issued two documents that directly affect the process for alterations:
PR 15-01 PROCEDURE: REQUIRED INFORMATION FOR PATH OF TRAVEL UPGRADES ON CONSTRUCTION DOCUMENTS -(Read More Here)
IR 11B-10 SCOPING AND PATH OF TRAVEL UPGRADE REQUIREMENTS FOR FACILITY ALTERATION, ADDITION A ND STRUCTURAL REPAIR PROJECTS - (Read More Here)
PR 15-01 requires that the Design Professional In General Responsible Charge include a drawing sheet delineating the Path of Travel (POT) for a project that shall include the following statement:
“Design Professional in General Responsible Charge Statement: The POT identified in these construction documents is compliant with the current applicable California Building Code accessibility provisions for path of travel requirements for alterations, additions and structural repairs. As part of the design of this project, the POT was examined and any elements, components or portions of the POT that were determined to be noncompliant 1) have been identified and 2) the corrective work necessary to bring them into compliance has been included within the scope of this project’s work through details, drawings and specifications incorporated into these construction documents. Any noncompliant elements, components or portions of the POT that will not be corrected by this project based on valuation threshold limitations or a finding of unreasonable hardship are so indicated in these construction documents.
During construction, if POT items within the scope of the project represented as code compliant are found to be nonconforming beyond reasonable construction tolerances, they shall be brought into compliance with the CBC as a part of this project by means of a construction change document.”
Use Roger Miller, Eagle Project Management, LLC as your Certified Access Specialist to provide consulting services and perform the required field inspections and you will be assured that your submittal and the final project satisfies DSA’s requirements.
We can provide you with either a simplified report focused on the proposed project or a Certified Accessibility Specialist (CASp) inspection report that assures you you’re your client’s property or project meets all applicable accessibility regulations and provides some legal protection from accessibility related lawsuits as stipulated in CA Civil Code 55.53 (as amended by SB 1186)
Where project budget and / or site conditions require a Finding of Unreasonable Hardship our experienced Certified Access Specialist can draw upon the background of previous similar situations and assist you in compiling the documentation to document the hardship and propose cost effective means of Equivalent Facilitation.
Accept no substitutes. Only Eagle Project Management, LLC can offer you the experience and performance you expect when working on an accessibility project. You will find that without overhead, our pricing is competitive and our Certified Accessibility Consulting services are very affordable. You won’t want to tackle that next project without my eagle eye on the process!
Please feel free to visit our website at www.eaglepromanagement.com to get a glimpse of who we are and what we offer to you as a valued client.
: New ADA technical assistance document published: Frequently Asked Questions about Service Animals and the ADA
The Department of Justice has published a new 9-page ADA technical assistance document, Frequently Asked Questions about Service Animals and the ADA | PDF, to further assist covered entities and people with disabilities to understand how the ADA’s service animal provisions apply to them. The document answers questions that continue to be asked since the publication of the Department’s 2011 document, Revised ADA Requirements: Service Animals.
To find out more about the ADA or this matter, call the Justice Department's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY), or access its ADA.gov website.
The Justice Department announced that the Fairfax Nursing Center (FNC) has agreed to pay $97,500.00 to resolve allegations that it violated the Americans with Disabilities Act (ADA) by failing to provide effective communication services to individuals who are deaf or hard of hearing in the provision of medical services. The investigation, conducted by the U. S. Attorney's Office for the Eastern District of Virginia, began with a complaint from the companions (daughter and granddaughter, both of whom are deaf) of a patient at FNC that the skilled nursing facility failed to provide them with appropriate auxiliary aids and services, including a sign language interpreter, during critical interactions with FNC's staff regarding the patient's treatment plan and medical care. The Settlement Agreement required FNC to: (1) adopt policies and procedures that ensure that individuals who are deaf or hard of hearing - patients and companions- receive auxiliary aids and services that insure effective communication; (2) train its staff on the ADA's effective communication requirements; (3) pay $80,000.00 to the complainants and $5,000.00 to the United States to vindicate the public interest; and (4) establish a fund of $12,500.00 to sponsor training on the ADA's requirements for others in the Virginia nursing facility industry.
To find out more about the ADA or this matter, call the Justice Department's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY), or access its ADA.gov website.
Draft proposed code changes for the California building code California code of regulations, title 24, part 2 2016 California building code triennial code cycle.
California's building codes are published on a triennial basis Read More Here
Before you start a remodel or tenant improvement, review the California Building Code (11B-202 Existing Buildings and Facilities ) closely. Required Accessibility Improvements are often overlooked and can dramatically impact your project’s schedule and budget.
A couple of key points that are often overlooked when planning the project:
The area being remodeled MUST BE remodeled in compliance with current code requirements:
11B-202.2 Additions. Each addition to an existing building or facility shall comply with the requirements for new construction and shall comply with 11B-202.4 (Alterations Affecting Primary Function Areas)
Additional accessibility improvements are required with a few exceptions (11B-202.4 Path of Travel Requirements in Alterations, Additions and Structural Repairs)
If the cumulative total cost of improvements over the last three years is less that the valuation threshold ($ 147,863.00 for 2015) - the CBC (11B-202.4 Exception 4 Item 8) allows the Owner to limit the cost of compliance with 11B-202.4 to 20 percent of the adjusted construction cost of alterations, structural repairs or additions
If the cumulative total cost exceeds the valuation threshold, the only way to limit the costs to 20% is by documentation with a formal hardship letter.
Don’t wait until the project is started to evaluate the accessibility requirements that will be required for your project.
Hire a Certified Access Specialist (CASp) and / or a Licensed Design Professional to assess what accessibility improvements are required and to help you work with the Building Official to properly document the hardship if full compliance exceeds your budget for the project.
Develop a plan before starting your project and avoid the pitfalls that can lead to delays and cost over-runs.
Because resurfacing of streets constitutes an alteration under the ADA, it triggers the obligation to provide curb ramps where pedestrian walkways intersect the resurfaced streets. See Kinney v. Yerusalim, 9 F 3d 1067 (3rd Cir. 1993). This obligation has been discussed in a variety of technical assistance materials published by the Department of Justice beginning in 1994.5 Over the past few years, state and local governments have sought further guidance on the scope of the alterations requirement with respect to the provision of curb ramps when streets, roads or highways are being resurfaced. These questions have arisen largely due to the development of a variety of road surface treatments other than traditional road resurfacing, which generally involved the addition of a new layer of asphalt. Public entities have asked the Department of Transportation and the Department of Justice to clarify whether particular road surface treatments fall within the ADA definition of alterations, or whether they should be considered maintenance that would not trigger the obligation to provide curb ramps.
This Joint Technical Assistance addresses some of those questions Visit the ADA Website “Joint Technical Assistance on the Title II of the Americans with Disabilities Act (ADA) Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing”