In this episode, we discussed an interesting article that documents the number of Federal lawsuits filed so far in 2016, is up substantially from years past and may hit as many as 7000 total nationwide. Join Mark and Paul for this discussion, updates from DSA the DOJ as well as questions from our listeners.
Questions answered this episode:
- (Andre) HOA pool bathroom full remodel and replaster of pool. Will a chair lift be required? Not a gated community, single family dwellings. Access to pool is gated with a key card.
- (Douglas) The CBC has a requirement for a powered door, that when used to get around the 5 pound force requirement in facilities of over 150 occupants, it must have back-up power capable of operating the door 100 times either with a battery or generator. (2013 CBC 11B-404.2.9, exc 2, b.) At a local CSU campus, it’s common in their facilities to have retro-fitted swinging doors with low-power operators (that also act as closers when not powered) to get around the problem of doors blowing open, etc, with too little closing force. In a couple of smallish food-service buildings, with design occupancies a little over 150 (actual probably less), a plan reviewer is saying they need to install a battery back-up. Do you know or have any clue what the code writers are trying to accomplish?
- (Dave) I am reviewing an existing office building (circa 1930) with an undersized elevator. The building is more than two floors and is over 3000 sf. per floor. The elevator does not comply with current code. The tenant is proposing a $300k renovation to the second and third floor. The city is requiring them to upgrade the elevator or provide justification for non-compliance. The older codes did not have a minimum square footage or dimensional requirement, only stated that it would be allowable where it can be demonstrated that a person using a wheelchair can enter and operate the elevator. Two questions: 1) Should the tenant be on the hook for a landlord access issue? 2) Since the building predates the current requirements, can the earlier, less precise code requirements be used to allow the existing elevator as is?
ADA Product Spotlight: Norco Key Turner III
Title II Web Access SANPRM Comment Period Extended
This week, Principal Deputy Assistant Attorney General Vanita Gupta approved an extension of the public comment period for the Supplemental Advance Notice of Proposed Rulemaking on Accessibility of Web Information and Services of State and Local Government Entities. The public comment period will be extended for 60 days. The public comment period will now close on October 7, 2016. A notice of the extension was published in the Federal Register (link is external). More information, as well as a link to the Federal Register publication, is available at https://www.ada.gov/newproposed_regs.htm. (link is external)
To find out more about this Supplemental Advance Notice of Proposed Rulemaking or the ADA, visit www.ada.gov (link is external) or call the Justice Department’s toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY).
New DOJ Publication “Beyond The Cases: 26 Years Of The ADA”
On July 28, 2016, the Department of Justice published “Beyond the Cases: 26 Years of the Americans with Disabilities Act, The Lives, Faces, and Stories Behind the ADA, ” (link is external) an eight-page publication which provides brief case highlights and anecdotal stories of people with disabilities whose lives were changed by the Department’s ADA enforcement efforts. This document follows Principal Deputy Attorney General for the Civil Rights Division Vanita Gupta’s Tuesday’s blog marking the ADA’s 26th anniversary. In that blog, she wrote about the Department’s pivotal role in ensuring that the promise of the ADA is made real in the lives of people with disabilities throughout the country.
To find out more about the ADA, call the Justice Department’s toll-free ADA Information Line (link is external)at 1-800-514-0301 or 1-800-514-0383 (TTY, or access its www.ada.gov (link is external)website.
Justice Department Reaches Agreement With A North Carolina YMCA To Ensure Equal Opportunities For Children With Diabetes
The Justice Department reached a settlement agreement (link is external)today with the YMCA of the Triangle in Raleigh, North Carolina, to resolve allegations that it violated title III of the Americans with Disabilities Act (ADA) by refusing to assist a child with diabetes-related tasks, including administration of the emergency medication Glucagon, so that the child could participate in a YMCA after-school program.
To find out more about this settlement agreement or the ADA, visit www.ada.gov (link is external)or call the Justice Department’s toll-free ADA Information Line (link is external)at 1-800-514-0301 or 1-800-514-0383 (TTY).
ADA Title III Lawsuits Up 63% From 2015 by Seyfarth Shaw LLP
In honor of the 26th anniversary of the ADA, we are sharing our mid-year count of ADA Title III lawsuits for 2016 and it’s newsworthy: The number of lawsuits filed in federal court is already at 3,435, up 63% from last year’s mid-year number of 2,114. If the pace continues, the 2016 total may top 7,000. To put the numbers into perspective, more lawsuits were filed in the past six months than were filed in all of 2013 when there were a mere 2,722 lawsuits. The three states with most lawsuits continue to be California, Florida, and New York, but there is a shake-up in the fourth position. Arizona, with 230 lawsuits, has beaten out Texas. Based on our own practice, most lawsuits continue to be about physical access barriers but there has been a steady increase in lawsuits about websites that are allegedly not accessible to individuals with disabilities. We will be provide more analysis at the end of 2016, which promises to be another record-breaking year. Read the entire article here: ADA Title III News & Insights
DSA Access Detail Library Coming Soon
The Division of the State Architect is pleased to announce the upcoming release of an online library of California Building Code (CBC) compliant accessibility details. The details will help to ensure the consistency and code compliance of construction-related accessibility features. As a convenience to design professionals, the details will be provided in AutoCAD format so that designers can modify them as necessary for specific uses. The initial library of details will be compliant with the 2013 CBC. Details will be added as they are developed, and the library will be updated as future codes become effective. Instructions for accessing the library will be announced in the near future. (More Info Here)
CASp Exam Content: 2016 California Building Standards Code
Starting with the October 12, 2016 examination, the Certified Access Specialist (CASp) exam will include test questions related to the provisions of the newly published 2016 California Building Standards Code for both the Open Book and Closed Book examinations. Although the code is not in effect until January 1, 2017, the printed materials are available for purchase. Online access to the 2016 version is not yet available. Registration for the October examination is available through your CASp Account Login. The last day to sign up for this exam is September 12, 2016. The Open Book project type will be announced two months prior to the exam. More information about the CASp program is available on the Certified Access Specialist webpage.
US Access Board
U.S. Access Board Webinar on Accessible Parking and Passenger Loading Zones – Advanced Thursday, August 4, 2016
This session will provide an in-depth review of requirements in the ADA and ABA Accessibility Standards for parking spaces and passenger loading zones. Topics to be addressed include the minimum number required, location, van spaces, vertical. Presented by: Melissa Anderson, Transportation Engineer, Office of Technical and Information Services, US Access Board Bill Botten, Accessibility Specialist
CASI (Certified Access Specialist Institute)
CASI Presidents Message by Bill Zellmer – ‘Code Users’, ‘Code Geeks’ and ‘Code Sudoku’. From time to time I find myself torn between the world . . . Read More
Texas Accessibility Academy August 16-17, 2016 in Austin, Texas. More info Here
Accessibility Professionals Association (APA) Annual Conference & Expo – Feb 1-3, 2017 in Round Rock, TX – near Austin More Info Here
The next CalCasp Academy is September 26th thru 29th in Ontario, Ca. Registration will open soon More info Here
DSA Has announced several classes coming up in August:
August 1, 2016 – Sacramento
August 2, 2016 – Sacramento
August 3, 2016 – Sacramento
August 4, 2016 – Sacramento
August 5, 2016 – Sacramento
August 12, 2016 – Riverside
If you have any questions or need assistance with DSA registration, please contact Larry Meade at Laurence.Meade@dgs.ca.gov.
2016 CALBO Education Week North is September 12th – September 15th 2016 in San Ramon More info Here
2016 CALBO Education Week South is October 24th – 27th 2016 in Ontario, Ca More info Here
2016 CALBO Education Week Orange County is November 7th – 10th 2016 in Anaheim, Ca More info Here
The 2016 ADA National Association of ADA Coordinators conference is October 17th – 20th 2016 in San Diego, California More info Here
The Next ADA Symposium is in Chicago, Illinois May 14th thru 17th 2017, Registration will open January 6, 2017
ADA Shop Talk Sponsored By:
BlueDAG – Accessibility Inspection and Plan Reviews at Your Fingertips
CalCasp – Your online Accessibility Training & Education Resource