ADA Seminar presented in 2009

2. The Americans with Disability Act (ADA) is a
Th A i i h Di bili A (ADA) i
Federal civil rights law that prohibits the
exclusion of people with disabilities from
everyday activities.
everyday activities
Like obeying any law, complying with
the ADA is a continuing obligation.
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3. “No individual shall be discriminated against on
the basis of disability in the full and equal
enjoyment of the goods, services, facilities,
enjoyment of the goods, services, facilities,
privileges, advantages, or accommodations of
any place of public accommodation by any
person who owns, leases (or leases to), or
operates a place of public accommodation.”

4. “(a) Whoever denies, aids or incites a denial, or
makes any discrimination …etc. is liable….up to
makes any discrimination etc is liable up to
a max. of three times the amounts of actual
damage but in no case less than $4,000.00.
“(a) Every provision in a written instrument
relating to real property that purports to forbid
or restrict the conveyance ….(b) transfer of title
to real property is VOID

5. According to the International Counsel of
Shopping Centers, at any given time 25% of the
Shopping Centers, at any given time 25% of the
population of California is either permanently or
temporarily disabled.
Incidentally people who at some time or other
are carrying bulky packages, pushing a stroller ,
pregnant or getting on in years benefits from the
ADA.

7. DOJ: Department of Justice
DOJ D fJ i
CBSC: California Building
Standards Commission
otherwise known as T 24 or
CBC (California Building
Code).

8. If you own, operate, lease, or lease to a business that
serves the public, then you have obligations for
h bli h h bli i f
compliance.
According to the DOJ , the ADA requires that
According to the DOJ the ADA requires that
accessibility be improved without taking on
excessive expenses that could harm the business.
Business must remove physical barriers that are
Business must remove physical "barriers” that are
“readily achievable” . Barrier removal is an
ongoing obligation .

9. The recently enacted SB 1608 Disability Access Law
provides protection against unwarranted lawsuits
id i i dl i
which do not further that worthy aim.
This protection is in the form of a CASp issued
This protection is in the form of a CASp issued
inspection report which provides proof that buildings
and surrounding areas have been surveyed by an
expert in disability access laws.
expert in disability access laws.
The CASp qualification is conferred by the California
State Architect. There are currently fewer than 160
y
CASps.

10. •According to the DOL (Department of Labor), the
disabled command $175 billion in spending (double the
figure for teenagers)
•18% of the population of the USA is disabled (56 Mil.)
•8% are temporary disabled at any time (25 Mil.)
•13% are over the age of 65 (40 Mil )
•13% are over the age of 65 (40 Mil.)
•The permanently disabled do not live in a vacuum, often
they have companions that accompany them during
they have companions that accompany them during
their shopping and other business activities which will
increase the above mentioned demography.

11. Two tax incentives are available to businesses to help
cover the cost of making access improvements.
• Tax credit (Section 44 of the Tax Code)
• Tax deduction (Section 190 of the Tax Code)
The amount of the tax credit is equal to 50% of the
maximum expenditure of $10,250, Max $5,000.
The Tax deduction is available to all businesses with a
maximum deduction of $15,000 per year

12. • ADA passed into law in 1990, premises constructed
ADA passed into law in 1990 premises constructed
prior to the act are “grandfathered” and not subject
to ADA ?
• Building inspections include ADA compliance?
• Contractors can be relied on to ensure that new
construction and remodeling comply with the ADA?
• Once ADA is done right then that’s it?

13. •Doorways
•Aisle and corridor width
•Signs
Restrooms
•Restrooms
•Parking spaces
•Path of Travel
•Ramps
•Service Counters

24. •The disabled access aisle is not painted blue
•The tow away signage posted is incorrect
The
•The painted symbol of accessibility is too small
•Entrance door has no symbol of accessibility
•Mats are not secured to the floor
•No directional signage to the restrooms
•No t il t ti
N toilet tissue di
dispenser
•The water closet obstructs the use of the disposable seat
cover dispenser
p
•The pipes under lavatory are incompletely wrapped.

25. •The disabled access aisle is not painted blue
•The tow away signage posted is incorrect
•The painted symbol of accessibility is too
small
•Entrance door has no symbol of accessibility
•Mats are not secured to the floor
•No directional signage to the restrooms
•No toilet tissue dispenser
No
•The water closet obstructs the use of the
disposable seat cover dispenser
•The pipes under lavatory are incompletely
wrapped.

26. 1. Why should I spend on disabled access when I don’t
have disabled customers?
have disabled customers?
2. If I have a survey done, then the cat’s is out the bag
and it will be worst for me because I can’t plead
ignorance, can I?
3. I just had my parking lot resurfaced and striped so
I’m ok, am I?
4. I had a survey and construction done three years
ago, the architect checked it, so I should be ok?
5. I’m small and would rather take my chances, true?
6. Can I just upgrade part of my property?
7.
7 The City fire department inspects my property each
The City fire department inspects my property each
year, I have never been informed of ADA violations,
isn’t it their job to inform me?

27. Americans with Disabilities Website
www.ada.gov
US Department of Justice Website
US D t t f J ti W b it
www.usdoj.gov
California Title 24 Website
www.adapacific.gov
Access Board Website
www.access‐board.gov
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Designers Collective Website
www.designerscollective.com