Welcome to ADA Contractors Las Vegas
website
Dear Reader,
I am in the process of creating a new company that will be focused on construction in compliance with the ADA (Americans with Disabilities Act) as well as other disability related regulations.
It will be related to construction of both new work and corrections.
I have just put up this page to entice you to test your skills in looking at projects and testing your understanding of ADA related construction and answer questions.
Please enjoy the photos shown on this page. Can you figure out that is wrong with each? Yes, it is a test!
At the bottom of this page are a list of potentially applicable regulations followed by Frequently Asked Questions.
Blessings!
Christine
Disability
Related Regulation Reference Reminder Sheet
Section 504 of the Rehabilitation Act of 1973, as amended 29
U.S.C. § 794
- 1977
Deadline for programs or activities in existing facilities to be made
accessible (where structural changes are not required)
- December
1977 Transition plan deadline
Americans
with Disabilities Act Accessibility Guidelines (ADA AG) of 1990 42 U.S.C. §§ 12101 et seq.
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2010
ADA STANDARDS FOR ACCESSIBLE DESIGN
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Title 24 of the California Code of Regulations (California Physical Access Laws)
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Fair
Housing Amendments Act of 1988 42 U.S.C. §§ 3601
et seq.
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1968
Title VIII of the Civil Rights Act
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1988 Fair
Housing Act Amendments
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ADA Title
II ADA
regulations that govern state and local government facilities
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ADA Title
III ADA
regulations that governs public accommodations, commercial facilities, private
educational facilities for secondary or post-secondary studies
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Texas
Accessibility Standards (TAS) of the Architectural Barriers Act, Article
9102, Texas Civil Statues
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2010
standards compatible version posted as a draft on TAS web site implementation
imminent
UFAS
Uniform Federal Accessi9bility Standards (UFAS)
Frequently Asked Questions regarding ADA
or Construction
Q. Is my commercial project required to comply with the ADA or other
similar regulations?
A. There is a 99.9% chance that the answer is: Yes.
Q. what is the maximum slope for an ADA compliant standard ramp?
A. 8.3%
Q. Do all ramps need handrails?
A. Yes.
Q. What is the maximum ramp slope that I am allowed to construct without
needing handrails?
A. 5% slope or less is not a ramp and therefore does not require handrails
by ADA.
Q. What materials can I build my ramp from according to ADA?
A. Anything slip resistant and building code compliant. Typically in Las Vegas we construct most exterior
ramps from broom finished concrete.
Q. Is my commercial project or bathroom or commercial site or tenant
improvement Grandfathered so that I do not have to comply with the ADA.
A. There is a 99.9% chance that the answer is: No.
Q. Is my commercial project or bathroom or commercial site or tenant
improvement Grandfathered so that I do not have to comply with the ADA.
A. There is a 99.9% chance that the answer is: No.
Q. Is my church subject to ADA?
(We occasionally charge for day care OR have a bake sale OR car wash
that charges a fee OR we get food or money from federal food programs OR we
rent out rooms OR a hall for private activities like weddings or meetings.)
A. Yes
Q. Will the ADA have any effect on the eligibility criteria used by public
accommodations to determine who may receive services?
A. Yes. If a criterion screens out or tends to screen out individuals with
disabilities, it may only be used if necessary for the provision of the
services. For instance, it would be a violation for a retail store to have a
rule excluding all deaf persons from entering the premises, or for a movie
theater to exclude all individuals with cerebral palsy. More subtle forms of
discrimination are also prohibited. For example, requiring presentation of a
driver's license as the sole acceptable means of identification for purposes of
paying by check could constitute discrimination against individuals with vision
impairments. This would be true if such individuals are ineligible to receive
licenses and the use of an alternative means of identification is feasible.
Q. Does the ADA allow public accommodations to take safety factors into
consideration in providing services to individuals with disabilities?
A. The ADA expressly provides that a public accommodation may exclude an
individual, if that individual poses a direct threat to the health or safety of
others that cannot be mitigated by appropriate modifications in the public
accommodation's policies or procedures, or by the provision of auxiliary aids.
A public accommodation will be permitted to establish objective safety criteria
for the operation of its business; however, any safety standard must be based
on objective requirements rather than stereotypes or generalizations about the
ability of persons with disabilities to participate in an activity.
Q. Are there any limits on the kinds of modifications in policies,
practices, and procedures required by the ADA?
A. Yes. The ADA does not require modifications that would fundamentally
alter the nature of the services provided by the public accommodation. For
example, it would not be discriminatory for a physician specialist who treats
only burn patients to refer a deaf individual to another physician for
treatment of a broken limb or respiratory ailment. To require a physician to
accept patients outside of his or her specialty would fundamentally alter the
nature of the medical practice.
Q. What kinds of auxiliary aids and services are required by the ADA to
ensure effective communication with individuals with hearing or vision
impairments?
A. Appropriate auxiliary aids and services may include services and devices
such as qualified interpreters, assistive listening devices, notetakers, and
written materials for individuals with hearing impairments; and qualified
readers, taped texts, and Brailled or large print materials for individuals
with vision impairments.
Q. Are there any limitations on the ADA's auxiliary aids requirements?
A. Yes. The ADA does not require the provision of any auxiliary aid that
would result in an undue burden or in a fundamental alteration in the nature of
the goods or services provided by a public accommodation. However, the public
accommodation is not relieved from the duty to furnish an alternative auxiliary
aid, if available, that would not result in a fundamental alteration or undue
burden. Both of these limitations are derived from existing regulations and
caselaw under section 504 of the Rehabilitation Act and are to be determined on
a case-by-case basis.
Q. Are there any limitations on the ADA's barrier removal requirements for
existing facilities?
A. Yes. Barrier removal need be accomplished only when it is "readily
achievable" to do so. See below.
Q. Are there other federal regulations related to ADA that make
additional requirements?
A. Yes 504 requires that you spend 20% of all construction project costs to correct ADA deficiencies until all are fixed.
Q. If prior occupants or owners or
tenants did work and failed to expend the 20% am I still obligated to 20% of
the total going back to the existence of ADA.
A. Yes
Q. What does the term "readily achievable" mean?
A. It means "easily accomplishable and able to be carried out without
much difficulty or expense."
Q. What are examples of the types of modifications that would be readily
achievable in most cases?
A. Examples include the simple ramping of a few steps, the installation of
grab bars where only routine reinforcement of the wall is required, the
lowering of telephones, and similar modest adjustments.
Q. Will businesses need to rearrange furniture and display racks?
A. Possibly. For example, restaurants may need to rearrange tables and
department stores may need to adjust their layout of racks and shelves in order
to permit access to wheelchair users.
Q. Will businesses need to install elevators?
A. Typically new businesses require elevators. Existing buildings may not be required to retrofit
their facilities to install elevators in unique cases, which is unlikely in
most cases.
Q. When barrier removal is not readily achievable, what kinds of alternative
steps are required by the ADA?
A. Alternatives may include such measures as in-store assistance for
removing articles from inaccessible shelves, home delivery of groceries, or
coming to the door to receive or return dry cleaning.
Q. Must alternative steps be taken without regard to cost?
A. No, only readily achievable alternative steps must be undertaken. (see
20% rule above)
Q. Who has responsibility for ADA compliance in leased places of public
accommodation, the landlord or the tenant?
A. The ADA places the legal obligation to remove barriers or provide
auxiliary aids and services on both the landlord and the tenant. The landlord
and the tenant may decide by lease who will actually make the changes and
provide the aids and services, but both remain legally responsible.
Q. What does the ADA require in new construction?
A. The question is too general. This
requires an analysis typically performed by an architect familiar with ADA or
an ADA consultant.
Q. Is it expensive to make all newly constructed places of public
accommodation and commercial facilities accessible?
A. The cost of incorporating accessibility features in new construction is
less than one percent of construction costs. This is a small price in relation
to the economic benefits to be derived from full accessibility in the future,
such as increased employment and consumer spending and decreased welfare
dependency.
Q. Must every feature of a new facility be accessible?
A. No, only a specified number of elements such as parking spaces and
drinking fountains must be made accessible in order for a facility to be
"readily accessible." Certain non-occupiable spaces such as elevator
pits, elevator penthouses, and piping or equipment catwalks need not be
accessible.
Q. What are the ADA requirements for altering facilities?
A. All alterations that could affect the usability of a facility must be
made in an accessible manner to the maximum extent feasible. For example, if
during renovations a doorway is being relocated, the new doorway must be wide
enough to meet the new construction standard for accessibility. When
alterations are made to a primary function area, such as the lobby of a bank or
the dining area of a cafeteria, an accessible path of travel to the altered
area must also be provided. The bathrooms, telephones, and drinking fountains
serving that area must also be made accessible. These additional accessibility
alterations are only required to the extent that the added accessibility costs
do not exceed 20% of the cost of the original alteration.
Q. Does the ADA permit an individual with a disability to sue a business
when that individual believes that discrimination is about to occur, or must
the individual wait for the discrimination to occur?
A. The ADA public accommodations provisions permit an individual to allege
discrimination based on a reasonable belief that discrimination is about to
occur. This provision, for example, allows a person who uses a wheelchair to
challenge the planned construction of a new place of public accommodation, such
as a shopping mall, that would not be accessible to individuals who use
wheelchairs. The resolution of such challenges prior to the construction of an
inaccessible facility would enable any necessary remedial measures to be
incorporated in the building at the planning stage, when such changes would be
relatively inexpensive.
Q. How does the ADA affect existing State and local building codes?
A. Existing codes remain in effect. The ADA allows the Attorney General to
certify that a State law, local building code, or similar ordinance that
establishes accessibility requirements meets or exceeds the minimum
accessibility requirements for public accommodations and commercial facilities.
Any State or local government may apply for certification of its code or
ordinance. The Attorney General can certify a code or ordinance only after
prior notice and a public hearing at which interested people, including
individuals with disabilities, are provided an opportunity to testify against
the certification.
Q. What is the effect of certification of a State or local code or
ordinance?
A. Certification can be advantageous if an entity has constructed or
altered a facility according to a certified code or ordinance. If someone later
brings an enforcement proceeding against the entity, the certification is
considered "rebuttable evidence" that the State law or local
ordinance meets or exceeds the minimum requirements of the ADA. In other words,
the entity can argue that the construction or alteration met the requirements
of the ADA because it was done in compliance with the State or local code that
had been certified.
Q. How will the public accommodations provisions be enforced?
A. Private individuals may bring lawsuits in which they can obtain court
orders to stop discrimination. Individuals may also file complaints with the
Attorney General, who is authorized to bring lawsuits in cases of general
public importance or where a pattern of practice of discrimination is alleged.
In these cases, the Attorney General may seek monetary damages and civil
penalties. Civil penalties may not exceed $55,000 for a first violation or
$110,000 for any subsequent violation.
I recommend the following ADA consultants:
www.3Wstudiollc.com (my company)
I recommend the following Nevada Licensed Contractors to construct ADA work:
Marsh Sullivan Construction Group: https://www.linkedin.com/in/raymond-marsh-78827b12/
Alliance Construction: www.acanv.com
I recommend the following architects for ADA compliance assistance: