ADA Compliance on the Forecourt · ADA Timeline….. McIntoshTransforms.com 5/25 “No individual...

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ADA Compliance on the ForecourtPEI

©2017 The McIntosh Group, LLC

McIntoshTransforms.com 2/25

Brad Gaskins, AIA, CASp, NCARB

• Managing Principal and COO of The McIntosh Group

• 30 + years experience• Licensed in 15 states• CASp Certified • ICC Certified Accessibility Inspector • ANSI A117.1 Consensus Committee

on Accessible and Usable Buildings and Facilities

• Total ADA Geek• No really • Find me at @ADAGeek


This presentation is designed to provide accurate and authoritative information on the Americans with Disabilities Act. It is provided with the understanding that the presenter is not an attorney, does not play one on TV, did not sleep in a Holiday Inn Express last night and is not engaged in rendering legal opinions or other professional services. The information presented is the professional opinion of the author and there is no assurance that any opinion contained in this presentation is true, correct or precise nor applicable to the viewers particular situation. The ADA is subject to interpretation of the courts and the DOJ and continues to evolve over time - sometimes quite quickly. If legal advice or other expert professional assistance (including psychological assistance after listening to this subject matter) is required, the services of competent professionals should be sought.

Brad is an Architect in OK, TX, CA, AZ, NV, HI, AK, FL, NY, NC, CO, OH, PA, AL, KY when the title of Architect is used in this presentation.

What the lawyers make us say!

Before we get started…..


March 15, 2012New “public accomodations” permitted on or after this date must comply with the 2010 Standards.

January 31, 2013Existing pools and spas must comply with the 2010 ADA Standards.

January 26, 1990The Americans with Disabilities Act was signed into law by George H. W. Bush.

January 26, 1993New “public accomodations” designed and constructed for first occupancy after this date must be accessible.

September 15, 2010The 2010 ADA Standards are published in the Federal Register.

1991 ADA Standards

2010 ADA Standards

1990 1991 1992 1993 …2004 …2010 2011 2012 …2017

July 23, 2004The 2004 ADA/ABA Accessibility Guidleines are published by the United States Access Board.

January 26, 1992The Americans with Disabilities Act becomes effective.

ADA Timeline…..


“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services,

facilities, privileges, advantages, or accommodations of any place of public accommodation…”

The courts—not legislators or building code officials—have emerged as the true authors.

What is the most important thing to know about the ADA?

It’s a Civil Rights LawNOT a Building Code


NO!

Isn’t my building Grandfathered?


§36.304 Removal of Barriers

A public accommodation SHALL REMOVE architectural barriers IN EXISTING FACILITIES, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.

A business must remove barriers, to the extent that it is . If is not readily achievable to IMMEDIATELY remove a barrier, then the business must remove barriers to the extent that it is readily achievable to do so. It is important to note that the barrier removal obligation is a CONTINUING one, and it is expected that a business will take steps to improve accessibility OVER TIME.

The Department of Justice encourages businesses to assess what needs to be done and then to have in place plans, procedures, and policies to guide implementation. ENFORCEMENT DOES NOT INSIST ON COMPLETE AND IMMEDIATE COMPLIANCE REGARDLESS OF COST. On the other hand doing nothing or taking half-hearted, slipshod measures are an invitation to lawsuits and substantial penalties, damages, and costs.

7

Existing building obligations


What must comply?

§201.1 ALL AREAS of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements.

Unless there is an exemption.

Examples of areas/items that not ALL must comply…

• Raised areas for security and life safety.• Spaces accessed by ladders or catwalks.• Machinery spaces and mechanical/electrical rooms.• Work areas less than 300SF AND elevated ≥ 7 inches.• Parking spaces. (±4-5%)• Dining surfaces and work surfaces. (5%)• Transient lodging guest rooms. (±4-7%)• Plumbing fixtures. (at least one)• Fuel Dispensers. (at least one of each type)


ADA Lawsuit Trend

http://www.adatitleiii.com/2016/01/ada-title-iii-lawsuits-continue-to-rise-8-increase-in-2015/

2017 2,629 Federal Suits Filed from January to April

18% increase from 2016


Don’t stick your head in the sand!

There are real consequences to not paying attention at the design stage.

ADA Compliance on the Forecourt · ADA Timeline….. McIntoshTransforms.com 5/25 “No individual...

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