The Americans with Disabilities Act 

 

DCI has surveyed over 12 million square feet of facilities to determine their compliance with the Americans with Disabilities Act (ADA). While many people are aware of the ADA, which was passed into law in 1990, even those whose properties or businesses are directly affected by it have an incomplete understanding of its requirements and so are exposed to the risk of civil penalties and private lawsuits. Some of the more common misconceptions are:-

 

Premises constructed prior to the Act are “grandfathered” and so not subject to ADA. Not so. There are circumstances under which certain requirements may be waived or modified specifically for individual properties but there are no waivers for any general class of property.

 

Building inspections include ADA compliance. Not so. The ADA is a Federal civil rights law not part of the building codes which are enforced by local governments.

 

Contractors can be relied upon to ensure that new construction and remodeling comply with ADA. Not so. By no means all contractors are familiar with the ADA or have the necessary practical experience. Consequently they often give its requirements insufficient attention. A maximum 8.3% ramp slope means just that. A 9% ramp is illegal and owners may well be ordered to rip it up and replace it.

 

Once it’s done right that’s it. Not so. First the Act has been amended a number of times in the past almost 20 years and owners are responsible for the compliance with ADA as it stands of remodels, additions and, more obviously, new construction. New construction on part of a property very often requires some updated compliance of the entire property. Also bad usage habits and casual in-house alterations, often undertaken with the best intentions, leave owners and frequently their tenants open to liability for legal penalties and damages. Some examples of common infractions:-

 

Inside

Doorways. The clear spaces required on either side of push and pull doors are often blocked with furniture, plants, trash cans and office supplies.

 

Aisle and Corridor widths. The required widths for corridors and merchandise aisles are often illegally reduced by temporary displays or storage of merchandise.

 

Signs. Frequently homemade and erected without any thought of their ADA impact, signs often omit required Raised Letter and Braille, are located incorrectly and do not have the legal character height.

 

Restrooms. The required 5 foot diameter turning circles are often blocked by trash cans, plants and storage units.

 

 

 

Outside

Parking Spaces. May be marked on the surface but lack signage. Access lane on the wrong side of the stall. Maximum slope exceeded on the parking space…and many more.

 

Path of Travel.  This may be properly done around individual buildings but there is no proper path between buildings or from the nearest public thoroughfare. The path easily becomes clutter with trash cans, newspaper stands etc.

 

Ramps. The common problems are slopes which do not consistently comply over the entire area of the ramp; the omission of “truncated domes” and inadequate landing areas at top and bottom.

 

Doorways. Inadequate clearance for push and pull doors. Excessive slope in front of the door. No signage to indicate Disabled Accessible.

 

Who are The Disabled?

An astonishingly large number of us! According to the International Council of Shopping Centers, at any given moment 25% of the population of California is either permanently or temporarily disabled within the meaning of the ADA. Incidentally complying with ADA accessibility requirements also directly benefits people who at some time or other are carrying bulky packages, pushing a stroller or getting on in years. In other words pretty much everyone at some time in their lives.

 

Do I Really Need to Bother?

Well, not only is it the Law to comply with ADA it also makes perfect commercial sense for owners and their tenants to cater to such a significant number of potential customers. If the carrot is not sufficient consider the stick. Civil penalties up to $55,000 for a first and $110,000 for each subsequent offence may be imposed through Department of Justice enforcement. In California alone over 12,000 private suits have been filed under the ADA. 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.

 

What Should I Do?

DCI strongly recommends that property and business owners engage a professionally qualified firm to survey their properties and to provide a report of findings and recommended solutions. As architects DCI is also qualified to provide the construction drawings necessary to obtain permits, to oversee contractors and to sign off on the completed work.

Please call us to arrange a meeting and a walk through of your property after which we will send you a written proposal to address compliance issues at your site and any particular concerns you may have. We think you will find that the cost of prevention is less than you might suppose and if you are a small business owner you may qualify for a tax credit, tax deduction or both.