Accessible Route Requirements – Part 1 of 2

Part 2 will be uploaded to the blog and sent out in mid January.

When dealing with vexatious litigants, such as those currently bringing numerous lawsuits in California’s Central Valley, it is important to understand that the exterior of a building often acts as an indicator for these litigants regarding whether or not a facility should be targeted. Frequently, those facilities which clearly do not adhere to the requirements of the California Building Code or the Americans with Disabilities Act (ADA) regarding the exterior of a facility, will have numerous violations inside as well – making them ideal candidates for Accessibility related lawsuits. Here are some key features to address when making upgrades to the exterior of a facility.

Facilities are required to have an Accessible Route of Travel in order for individuals to access the facility. This route should, to the maximum extent feasible, coincide with the route for the general public and should allow disabled individuals to gain access to:

–      accessible parking and accessible passenger loading zones

–      public streets or sidewalks to the accessible building entrance they serve

 

This accessible route has specific requirements which mandate adherence.      

• Route Width: The minimum clear width of an exterior accessible route shall be 48” (except at entrance doors) for walks, sidewalks and ramps.
•  Accessible Entrance: At Accessible doors with  a minimum of 60” x 60” landing is required if the entrance door swings into the landing, and a minimum of 48” x 48” landing if the entrance door swings inward is required.
•  Passing Space: If an accessible route has less than 60” of clear width, then passing spaces measuring 60” x 60” minimum should be located at reasonable intervals, not to exceed 200 feet, throughout the accessible route.
•  Accessible Surfaces: The surface slope of the accessible route of travel, with the exception of entrance door landings, in the direction of travel can be a maximum 1:20 (5%); which is not considered a ramp and 2% maximum in cross slope

The landing at accessible entrance doors are required to be 2% maximum in both directions.

If the slope of the accessible route of travel exceeds 5%, a ramp is required.

Vertical change in the accessible route of travel cannot exceed ¼”. Level changes in the accessible route between ¼” and ½” must be beveled at 1:2 maximum slope.  Changes in elevation greater than ½” shall be accomplished by means of a ramp or sloped walking surface, which must include the required level landing.

Much of this information was generated from the Federal website outlining Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) http://www.access-board.gov/adaag/html/adaag.htm#purpose.

 

For additional information on Certified Accessibility Inspections or information on other Accessibility Issues, please contact Lars Andersen & Associates, Inc. by phone at 559-276-2790.

  

* Please note that these posts and all discussions of these posts are for instructional purposes only and do not constitute legal advice. This blog is meant to convey general information only. It is not meant to impart specific legal advice concerning legal problems or issues to individuals or other business entities.*

http://larsandersen.com/

ADA Compliance Seminars announced for December

New ADA related lawsuits are coming to the attention of the Lars Andersen & Associates staff every day.  In order to assist the community with this matter in a more large scale fashion, members of our team will be several presentations on December 1^st at multiple venues.

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For Clovis residents and business owners, at 7:30 at the Veteran’s Memorial Building, Daniel Zoldak will be presenting along with the City of Clovis Attorney and one of their Chief Building Officials.  Those interested in attending this free workshop can contact Carlos Martinez at the City of Clovis Economic Development Department by phone at (559) 324-2092.

For Madera City and County Residents and Business owners, a free seminar which will also cover the subject of ADA compliance will be held on December 1^st  at the County Supervisors Chambers at 200 West 4th Street from 10:00 a.m. to about 11:30 a.m.

For Architects, a luncheon will be put on by the AIA for continuing education credits mandated by Senate Bill 1608.  The precise cost, location and time are still being determined.

Lars Andersen & Associates, Inc. is committed to continuing to assist our community in bringing their facilities up to compliance.  If you have any questions pertaining to accessibility, don’t hesitate to shoot me an email and I’ll be happy to help!

http://larsandersen.com/

Restroom Signage Requirements

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 We often see signage which is not placed at the required height, has the incorrect symbols or is not the right shape.  Fixing signage is one of the easiest and least expensive means of addressing accessibility in a facility.

Mounting

• Restroom signage is required at two locations at the exterior of the restroom: on the door itself and on the latch side of the door to the restroom. 

Signage Shape

• The shape of the sign on the latch side of the door is to be rectangular.  On The door itself, the sign must either be a circle (12” Diameter) – for women’s restrooms, a triangle (12” Long – Vertex pointing upward) – for men’s restrooms, or a triangle within a circle for unisex restrooms, either of which are required to be contrasting colors. 

Symbols

• Each restroom sign shall also have universal symbol for men and women on it in order to designate the type of restroom it is identifying.  Additionally, for restrooms which are deemed accessible, the International Symbol of Accessibility must be placed on the sign. 

Braille & Signage Lettering

• Braille & sSignage lettering is required on all wall signage.  Characters are designated to have a width-to-height ratio between 3:5 and 1:1 with a height minimum of 3”. Braille is also required as part of ADA requirements in order to ensure that those individuals which are visually impaired are able to recognize the restroom facilities.

* Please note that these posts and all discussions of these posts are for instructional purposes only and do not constitute legal advice. This blog is meant to convey general information only. It is not meant to impart specific legal advice concerning legal problems or issues to individuals or other business entities.*

 

 

http://larsandersen.com/

Accessible Parking Spaces – Keeping them Compliant!

Lars Andersen & Associates, Inc. proud to be one of the few Civil Engineering and Design Firms in California’s Central Valley with a Certified Access Specialists (CASp) on staff.  With our almost 70 years of experience in the field and our CASp Program, we are able to assist our clients in ensuring they are in compliance regarding issues related to the important issue of adherence to ADA and accessibility laws in the State of California.

Our experience has given us an unparalleled understanding of accessibility issues and the lawsuits which result from a lack of compliance with ADA Regulations, subjects which are being presented to owners of both public & private facilities with growing consistency. In the course of our work, more specifically, the conducting of CASp Inspection Reports by our CASp Team Leader, Dan Zoldak, we have come across several problems that are almost universal in their existence on various types of properties.  As a client of Lars Andersen, we would like to share some of this information with you in the hopes that you will benefit from it on future projects.

One issue have found to be consistently out of compliance has to do with Accessible Parking Stalls.  During inspections, we are finding quite often that while many accessible parking spaces (i.e. stalls/ unloading areas) are being designed to State of California Accessibility Codes with 2% maximum slope, standard construction practices for asphalt installation does not allow for tight enough tolerances and often these areas are exceeding code requirements.

In order to protect facility operators against legality in this issue, Lars Andersen & Associates, Inc. recommends constructing accessible parking areas in concrete, rather than asphalt, with forms which will allow the Contractor to check the slopes prior to the placement of the concrete. Using a concrete section at the accessible parking areas will enable the Contractor to construct to better tolerances, and therefore should alleviate any slope issue and allow the parking stall to be in compliance.

Another recommendation would be to require your Civil Engineer to design these areas to 1.5% maximum slope, and the extra 0.5% will allow the Contractor some tolerance in the construction, and will allow for some error in the field.

Utilizing these tips on the construction of the accessible parking stall on your next project will be a helpful step in ensuring that your facility is in compliance with ADA regulations.  Remember, being in compliance is the best way to protect you and your business against meritless lawsuits and this is a great first step in promoting access for all!

For additional information on Certified Accessibility Inspections or information on other Accessibility Issues, please contact Lars Andersen & Associates, Inc. by phone at 559-276-2790.

* Please note that these posts and all discussions of these posts are for instructional purposes only and do not constitute legal advice. This blog is meant to convey general information only. It is not meant to impart specific legal advice concerning legal problems or issues to individuals or other business entities.*

http://larsandersen.com/

Establishing your Facility is Compliant with the ADA before Construction’s Conclusion!

Businesses owners, landlords, municipalities and developers should be aware that many of the possible ADA and CBC violations can be amended before the completion of a given project or facility, saving time and headaches down the road. 

 

Such a step is easy to take.  It is as simple as having your engineer or architect include in the construction specifications a clause which requires the contractor to hire a licensed Certified Access Specialist, or CASp, to do a punch-walk before the contractor signs off on the project.  We suggest that you include in your contract that the Contractor shall provide a letter from a CASp indicating that all constructed improvements have been inspected, and comply with Federal, State and Local guidelines for Accessibility, prior to the acceptance by the land owner or tenant, which thereby releases the contractor.

 

It is important to note that most errors related to Accessibility are correct on the architectural or engineering plans. However, issues often arise in the implementation of the plans during construction. Something as small as measuring from the sheet rock instead of the finish material can mean that particular area of your facility is a 1/2 inch out of compliance, and that is enough to warrant damages for affected parties for not providing required clearances.  In June of 2009, In Munson v. Del Taco, Inc., the California Supreme Court unanimously ruled that plaintiffs do not have to prove “intentional discrimination” to recover the $4,000 minimum statutory damages provided per occurrence under California’s Unruh Civil Rights Act.   This means that even an accidental miss-measurement in your facility can lead to massive fines.

 

Utilizing these tips on the construction of your next project will be a helpful step in ensuring that your facility is in compliance with ADA regulations.  By ascertaining that your contractor does a final punch-walk with a CASp, you are protecting yourself from significant liability regarding access later. Covering the issue at a time when fixes are easy to make will also save both time and money. 

 

Be sure to discuss this subject with your contractor on your next project. Remember, being in compliance is the best way to protect you and your business against meritless lawsuits and this is a great first step in promoting access for all!

 

* Please note that these posts and all discussions of these posts are for instructional purposes only and do not constitute legal advice. This blog is meant to convey general information only. It is not meant to impart specific legal advice concerning legal problems or issues to individuals or other business entities.*



ADA Lawsuits Targeting Businesses

As one of the few firms in the Central Valley which currently has a Certified Access Specialist on our team who is able to assist with ADA and CBC related issues, our firm has seen a definite increase in ADA lawsuits in the Fresno area.  Recently, we have been contacted by a variety of businesses, individuals and companies which are engaged in access related lawsuits, due to the fact that we are able to assist our clients with Expert Witness and Inspection Services.  Should your business become engaged in such a lawsuit, please be aware that the firm of Lars Andersen & Associates, Inc. has almost 70 years of Development experience and is readily available to assist you.

However, in an effort to keep our clients informed, we would like you to be aware that there are a few simple and relatively inexpensive steps a facility owner or operator can take which may help in reducing the likelihood they will see a lawsuit brought against their facility.  We are finding that in many of our inspections something as simple to fix as interior or exterior signage is out of compliance.  Additionally, mirror height seems to be regularly out of compliance by being ½ inch too tall.  Another common problem we have found routinely, is that the pipes under the lavatories and sinks are not adequately wrapped, thereby constituting another violation.

While some may perceive these items as being small and relatively immaterial, in addition to being of genuine concern to the disabled, they can serve as a signal to individuals that your facility is not compliant with current ADA & CBC codes and may be an easy target for quick money.  Many of these issues are simple to avoid and easy to fix for many facility owners.  Being aware of the items which are out of compliance is often the first step towards addressing them.  By contacting a CASp before your business is targeted and getting an inspection, you will also be entitled to additional rights under Senate Bill 1608.  These benefits include a 90-day Stay of Lawsuits, an Early Evaluation Conference, and a window sign which will signify that you are not only taking the steps to ensure compliance, but additionally, will not be an easy target for a quick buck.  Therefore, we are recommending that facility owners take the time to have their facility inspected by a Certified Access Specialist and get a comprehensive review of the property BEFORE a lawsuit is brought. This step will often save facility owners and operators both time and money in the long run.

For additional information on Certified Accessibility Inspections or information on other Accessibility Issues, please contact Lars Andersen & Associates, Inc. by phone at 559-276-2790.

* Please note that these posts and all discussions of these posts are for instructional purposes only and do not constitute legal advice. This blog is meant to convey general information only. It is not meant to impart specific legal advice concerning legal problems or issues to individuals or other business entities.*

http://larsandersen.com/

The Importance of Including ADA Issues In your Operations Manual

As ADA adherence becomes an even more of a pressing issue in the State of California, many are taking the steps toward addressing access by discussing the necessity of including tolerances into their plans with their architect of civil engineer or having a CASp do a punch-walk with their contractor before signing off on the project.  While these steps are important to take on new projects, it is essential to recognize that the obligation to address access does not end after the initial completion of a project intended for public accommodation.

When conducting routine maintenance on an existing facility, ADA and Accessibility related issues should be addressed.  It is important to remember that while a project may have been completed in compliance with the aforementioned regulations, when it comes to replacing a broken item or improving upon pre-existing amenities, the installation should continue to adhere to accessibility regulations and special attention should be paid to ensure they do so.

In the course of maintaining a facility, all too often accessibility related items are replaced incorrectly, creating violations.  If the maintenance department is not aware of the importance of correctly returning items to their exact and correct position, and directed to do so in explicit terms, there is less of a likelihood it will occur. In an effort to promote working toward access, we recommend to our clients that they include a section on ADA-related information in their operations manual.  By including in this section items which tend to be replaced in a manner which is out of compliance, the maintenance staff can be informed of the accurate means of correction and, ideally, will pay special attention during future corrections. 

While conducting our inspections we have come across several items we regularly find out of compliance which are often attributed to the incorrect installation after a break or update to the facility’s features.  Here are some of the items we see most regularly affected by maintenance:

• Toilet Paper Dispensers within the Restroom
• Mirror Heights
• Wrapping of Pipes
• Other Dispensers & Amenities within the Restroom

 

By including direction for special attention to the items like those mentioned above in your operations manual, you are not only taking a step towards full and equal access for all who enter your facility.

* Please note that these posts and all discussions of these posts are for instructional purposes only and do not constitute legal advice. This blog is meant to convey general information only. It is not meant to impart specific legal advice concerning legal problems or issues to individuals or other business entities.*

http://larsandersen.com/

The Premier Civil Engineering and Design Firm involved in Access in Fresno!

Lars Andersen & Associates, Inc. is one of only a few Full Service Civil Engineering firms in California that currently has a Certified Access Specialist, or CASp, on staff. This position was created by Senate Bill 1608 and with this individual on staff, we are able to provide CASp Inspection Reports. A CASp Inspection Report provides sites that are not currently subject to ADA litigation some protection should ADA litigation be commenced in the future.

SB 1608 gives public agencies and businesses a method to guard against meritless ADA lawsuits, focusing on the real purpose of the ADA and construction accessibility laws; namely, to assure access for the disabled as opposed to being a windfall for lawyers who bring these suits.

A CASp Inspection Report provides facilities that are not currently subject to ADA Litigation a source of protection should ADA Litigation commence in the future. Lars Andersen is able to provide a CASp Inspection Report as part of a project’s Due Diligence which can be of great benefit to a client researching potential project sites prior to a financial commitment, the report will identify and list code violations which may result in cost exposure.

One of the greatest benefits of having a CASp Inspection Report prior to litigation is that should litigation ensue, it allows a business with a CASp Inspection Report the opportunity to make an immediate request for a Court Stay and Early Evaluation Conference, thereby eliminating the need to incur wasteful attorneys’ fees.

In order for a business to avail itself of the litigation protections set forth in Senate Bill 1608, a business must have the CASp Inspection Report. The relevant law provides: “[I]f the construction-related accessibility claim pertains to a site that has been inspected by a Certified Access Specialist…and you have an inspection report for that site, you may make an immediate request for a court stay and early evaluation conference….” California Civil Code Section 55.54(a) (1). In fact, every CASp who conducts a CASp Inspection will provide a building owner or tenant with a notice making the building owner/tenant aware of the importance of the CASp Inspection Report.

Our Firm fully comprehends the issues that may be in need of correction to adhere to ADA Compliance and our CASp Inspection Report will address in detail required repairs, replacements, etc., that will to be done to each item in order for that particular item to become ADA Compliant. For example, if the mirror in the women’s bathroom needed to be lowered by 2 inches, we would have an actual photo of that non-compliant item with a highlight showing the dimension and direction for the relocation of a mirror. Likewise, if the pressure of the door for opening needs to be decreased to meet compliance, we would identify replacement components to meet this requirement.

Be assured that Lars Andersen & Associates, Inc. has the expertise to assist with your ADA concerns. Our experienced and certified team is capable of both identifying issues and addressing the means for correction.

Our background of 70 years of Civil Engineering experience allows us to offer this service with an unparalleled understanding of the subject. This feature is available in conjunction with our other services, or can be offered independently. Let us assist you in making your facilities ADA Compliant to promote access and avoid meritless lawsuits.

* Please note that these posts and all discussions of these posts are for instructional purposes only and do not constitute legal advice. This blog is meant to convey general information only. It is not meant to impart specific legal advice concerning legal problems or issues to individuals or other business entities.*

http://larsandersen.com/