The Americans with Disability Act (ADA) is a Th A i i h Di bili A (ADA) iFederal civil rights law that prohibits the exclusion of people with disabilities from everyday activities. everyday activitiesLike obeying any law, complying with the ADA is a continuing obligation. g g
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, enjoyment of the goods, services, facilities,privileges, advantages, or accommodations of any place of public accommodation by anyperson who owns, leases (or leases to), or operates a place of public accommodation.”
“(a) Whoever denies, aids or incites a denial, or makes any discrimination …etc. is liable….up to makes any discrimination etc is liable up toa max. of three times the amounts of actual damage but in no case less than $4,000.00. “(a) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance ….(b) transfer of title to real property is VOID
According to the International Counsel of Shopping Centers, at any given time 25% of the Shopping Centers, at any given time 25% of thepopulation of California is either permanently or temporarily disabled. Incidentally people who at some time or other are carrying bulky packages, pushing a stroller , pregnant or getting on in years benefits from the ADA.
DOJ: Department of JusticeDOJ D fJ iCBSC: California Building Standards Commission otherwise known as T 24 or CBC (California Building Code).
If you own, operate, lease, or lease to a business that serves the public, then you have obligations for h bli h h bli i fcompliance. According to the DOJ , the ADA requires that According to the DOJ the ADA requires that accessibility be improved without taking on excessive expenses that could harm the business. Business must remove physical barriers that are Business must remove physical "barriers” that are “readily achievable” . Barrier removal is an ongoing obligation .
The recently enacted SB 1608 Disability Access Law provides protection against unwarranted lawsuits id i i dl iwhich do not further that worthy aim. This protection is in the form of a CASp issued This protection is in the form of a CASp issuedinspection report which provides proof that buildings and surrounding areas have been surveyed by an expert in disability access laws. expert in disability access laws.The CASp qualification is conferred by the California State Architect. There are currently fewer than 160 yCASps.
•According to the DOL (Department of Labor), the disabled command $175 billion in spending (double the figure for teenagers) •18% of the population of the USA is disabled (56 Mil.)•8% are temporary disabled at any time (25 Mil.)•13% are over the age of 65 (40 Mil )•13% are over the age of 65 (40 Mil.)•The permanently disabled do not live in a vacuum, often they have companions that accompany them during they have companions that accompany them duringtheir shopping and other business activities which will increase the above mentioned demography.
Two tax incentives are available to businesses to help cover the cost of making access improvements. • Tax credit (Section 44 of the Tax Code) • Tax deduction (Section 190 of the Tax Code)The amount of the tax credit is equal to 50% of the maximum expenditure of $10,250, Max $5,000. The Tax deduction is available to all businesses with a maximum deduction of $15,000 per year
• ADA passed into law in 1990, premises constructed ADA passed into law in 1990 premises constructedprior to the act are “grandfathered” and not subject to ADA ?• Building inspections include ADA compliance?• Contractors can be relied on to ensure that new construction and remodeling comply with the ADA?• Once ADA is done right then that’s it?
•Doorways•Aisle and corridor width•Signs Restrooms•Restrooms•Parking spaces•Path of Travel•Ramps•Service Counters
•The disabled access aisle is not painted blue•The tow away signage posted is incorrect The•The painted symbol of accessibility is too small•Entrance door has no symbol of accessibility•Mats are not secured to the floor•No directional signage to the restrooms•No t il t ti N toilet tissue di dispenser•The water closet obstructs the use of the disposable seatcover dispenser p•The pipes under lavatory are incompletely wrapped.
•The disabled access aisle is not painted blue•The tow away signage posted is incorrect•The painted symbol of accessibility is toosmall•Entrance door has no symbol of accessibility•Mats are not secured to the floor•No directional signage to the restrooms•No toilet tissue dispenser No•The water closet obstructs the use of thedisposable seat cover dispenser•The pipes under lavatory are incompletelywrapped.
1. Why should I spend on disabled access when I don’t have disabled customers? have disabled customers?2. If I have a survey done, then the cat’s is out the bag and it will be worst for me because I can’t plead ignorance, can I?3. I just had my parking lot resurfaced and striped so I’m ok, am I? 4. I had a survey and construction done three years ago, the architect checked it, so I should be ok?5. I’m small and would rather take my chances, true? 6. Can I just upgrade part of my property? 7.7 The City fire department inspects my property each The City fire department inspects my property each year, I have never been informed of ADA violations, isn’t it their job to inform me?
Americans with Disabilities Website www.ada.gov US Department of Justice Website US D t t f J ti W b it www.usdoj.gov California Title 24 Website www.adapacific.gov Access Board Website www.access‐board.gov g Designers Collective Website www.designerscollective.com