In this episode, we discussed CRASCA reports and the differences between using applicable standards versus current standards. What are the advantages of one over the other? Is it ok to just go with current standards rather than applicable standards? We also highlight some of the recent changes to the CASp program implemented by SB-269 and other changes on the horizon. Join Mark and Paul for this discussion, the ADA product of the week, as well as questions from you……our listeners!
Questions answered this episode:
- (Confidential) I have a question about running slope when considering if this is a walk or sidewalk. We have been asked to install a path from the public sidewalk to a boardwalk within one of our parks, the new path will leave the sidewalk, placed along the side a park road (the path will not be within the Public Right of Way if this matters). This road is used by private cars as well as Park vehicles but is restricted by time limits, the road is gated but this new walk will be usable at all times. I was under the impression and looking at other past Park projects, once this path leaves the street, this is considered a walk (running slope of 5% or 8.33% running slope with railing and landings). We have had some discussions, as long as the path is alongside the road (used by private vehicles) the path can have the same slope as the road (9%). **Is this statement true, can this path slope the same as the street? Or is this path considered a walk? If this is considered a walk I fine with this, if this path can slope the same as the street I need to address if this path is usable.
- (Chris) Is there anything in the ADA to prevent an owner from installing automatic/power assisted doors? I don’t think so as long as it does not have an ISA symbol next to the door or on the button.
- (Dave) My two cents on the HOA pool question from last week. If the HOA rents the pool and community room (if it has one) for parties and events, would you agree that it needs to comply? Similarly, if the pool is used for paid swimming lessons available to the public, then it also would need to comply and have a chair lift.
- (John) Good Evening Gentlemen, You had a recent question on your program, which intrigued me as I have a couple of similar project conditions. It was regarding the accessibility requirements for an HOA pool. My two Client projects are the following: 1) A private campground club, the requirements of membership are a) ownership of an RV, b) $5k initiation fee and c) monthly dues of $250 2) A private swimming & tennis club, the requirements of membership (there is a limited number available) are a) $1k-$3k initiation fee and b) monthly dues of $250 From my research (DOJ ADA tech support), private clubs are only exempt if the fees are excessive (compared to what?). There wasn’t anything I could find on the CA state ADA site. From your response, there was no comment about the fees. If your response is true, is there documentation the Client needs to support this position? ADA Title III Technical Assistance Manual
ADA Product Spotlight: Big Bell
- Mounted outside of entrance at the appropriate height for wheelchair access
- Marked with the international symbol of accessibility, easily recognized and used
- Accompanied by directional signage
- Physically disabled customers easily activate large pushbutton
- Interior chime receiver rings, alerting store employees to customers in need
- Employee assists customer as needed
- Customer spends, has positive experience, tells friends, and returns
Justice Department Sues Harris County, TX Under Title II Of The ADA For Inaccessible Polling Places
On Thursday August 4th 2016, The Justice Department, along with the United States Attorney’s Office for the Southern District of Texas, filed a lawsuit yesterday in the U. S. District Court for the Southern District of Texas, Houston Division against Harris County, Texas. The lawsuit, filed under Title II of the Americans with Disabilities Act (ADA), alleges that the County fails to provide physically accessible polling places to voters with mobility and vision disabilities.
To find out more about the ADA or this lawsuit or call the Justice Department’s toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TDD), or access its www.ADA.gov website.
CASI 2016-2017 Board of Directors Election Results!
On August 1st 2016 the Certifed Access Specialist Institute announced their election results for 2016-2017 as follows:
Your CASI 2016-2017 Board of Directors:
Director of Member Outreach:
Director of Public Outreach:
Director of Professional Standards:
Director of Development Resources:
Special Programs Chair(s):
San Francisco Federal Credit Union Leads the Way to Transform Online Banking to Better Serve Customers with Vision Disabilities
SAN FRANCISCO, Aug. 02, 2016 (GLOBE NEWSWIRE) — Today, Disability Rights Advocates (“DRA”) and San Francisco Federal Credit Union (“Credit Union”) announce a precedent-setting agreement which is expected to bring change across the online banking industry. The Credit Union agreed to work together with DRA to ensure its website, online banking services and mobile apps are accessible to people who are blind or low vision. The Credit Union’s website and online banking services are powered principally by a system created by digital banking industry leader, Q2 Software, Inc. (“Q2”). Q2 has agreed to implement accessibility features for the Credit Union that will ultimately be made available to all of Q2’s current and future customers around the nation. (Full Article Here)
EEOC Issues Guidance Regarding Leave as an Accommodation Under the ADA
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a guidance to employers regarding an employer’s obligation under the Americans with Disabilities Act (ADA) to provide unpaid leave or extend a paid leave on an unpaid basis beyond its original term as a reasonable accommodation under the ADA, provided no undue hardship would result for the employer. (Full Article Here)
CASp Program – Summer 2016 Newsletter
The Summer 2016 edition of the Certified Access Specialist (CASp) newsletter is now available! The CASp Report is written for current and prospective CASps, and each issue features relevant information for CASps, such as state and federal regulations that affect CASp work. Please check out The CASp Report: Summer 2016. This publication, and an archive of past newsletters, is available on the CASp Newsletters webpage. More information on the CASp Program is available at www.dgs.ca.gov/casp. Please contact DSAcommunication@dgs.ca.gov with any questions about this publication. Download Here
2015-2016 Active State Legislation
AB-2093 (Steinorth): Requires commercial property owner to provide lessee with an inspection report under confidentiality, or would require that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises at the lessee’s or tenant’s expense, and must mutually agree on payment of CASp fee and the cost of making repairs.
AB-2873 (Thurmond): As of January 1, 2020, all building inspectors employed or retained by a local agency who conduct permitting and plan check services be CASps. Changes business license fee to building permit fee, and increases fee to $4; of which 90% is retained by local agency.
2015 – 2016 114th Active Congress Legislation
H.R. 241 (R Denham CA): ADA Compliance for Customer Entry to Stores and Services Act (ACCESS Act) Right-to-cure of 120 days.
H.R. 3765 (R Poe TX): ADA Education and Reform Act of 2015 Clarifies requirements for demand letters, provides for notice and cure period before civil action, develop a program similar to CASp.
H.R. 4719 (D McNerney CA): Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility Act (COMPLI Act) Requires notice and a compliance opportunity to be provided additional parties
US Access Board
U.S. Access Board Webinar on Open Q & A Thursday, September 1st, 2016
This is a regular session in our webinar series that provides an opportunity to ask questions on any topic related to the Board’s work and activities with Bill Botten, Accessibility Specialist Office of Technical and Information Services, US Access Board and Marsha Mazz, Director, Office of Technical and Information Services, US Access Board
Mid-Atlantic ADA Center
Mid-Atlantic ADA Center Webinar on Making Accommodation Decisions on the College Campus Under the ADA and Section 504 of the Rehabilitation Act Wednesday, August 10th 2016.
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
Independent Living Resource Center San Francisco
Accessibility Survey Academy Project (ASAP) Tuesday, August 23 through Thursday, August 25 Location: ILRCSF- 825 Howard Street San Francisco, CA 94103. This training is FREE of charge. A certificate of completion will be provided to all participants who complete the training. Participants will also be provided with a free set of surveying tools. To RSVP for this training, or to request a reasonable accommodation please contact Fiona Hinze by email at email@example.com or by phone at 415-543-6222,ext. 1106 by Tuesday, August 16.
DSA Has announced upcoming CASp classes:
September 13, 2016 – San Diego
September 14, 2016 – San Diego
September 15, 2016 – San Diego
September 26, 2016 – Palo Alto
September 16, 2016 – San Diego
September 28, 2016 – Palo Alto
If you have any questions or need assistance with DSA registration, please contact Larry Meade at Laurence.Meade@dgs.ca.gov.
AVA Central Valley
September 27th, 2016 / Accessibility Compliance – How to Avoid Costly Mistakes/ 5 HSW
Instructor: Bill Zellmer, AIA and special guest, Glenn Gall, AIA of OSHPDThis seminar is an advanced-level class which will present a methodical analysis of Chapter 11B of the California Building Code through case-studies of actual projects. This seminar will use pictures and floor plans to clarify the code requirements with an emphasis on how to avoid costly mistakes and possible legal action. TIME: Door opens at 8:30 am, class begins at 9 am and runs until approximately 2:30 pm. COST: AIA Members, $100 (+svc fee) Non-members $150 (+svc fee) Click Her for the flyer or AIACV Website
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