ADA lawsuit relief on hold in Congress

[ADAguy]

Docs lack clarity, what of a business not customarily seen as walkup retail (cabinet shop, sheet metal, cement plant, brickyard, plating shop, etc.), though its lobby might be accessible, must it also provide accessible RR's for walk-ins, or employee only ok?

 

[mark handler]

Docs lack clarity, what of a business not customarily seen as walkup retail (cabinet shop, sheet metal, cement plant, brickyard, plating shop, etc.), though its lobby might be accessible, must it also provide accessible RR's for walk-ins, or employee only ok?

Under current code, CPC; yes, restrooms required for customers and employees.

Regarding ADA; yes, restrooms required for customers and employees.

BUT it depends. When was the facility built/modified? Is it feasible to do the modifications? Is there a hardship?

In my opinion, the business owner is taking a risk by not modifying the facility. Is there a nexus for a building department/official requiring an accessible restroom with no modifications/alterations NO

A building Official DOES NOT HAVE THAT AUTHORITY.

Can a disabled person sue, yes.

 

[ADAguy]

Comments on point, thank you.

Building built pre-ADA, owner has a ongoing duty to remove existing barriers subject to structural, space and cost limitations spelled out in the ADA and to maintain where necessary, those items requiring periodic adjustment (closer pressure) or refreshing (paint stripes), etc.

The longer they delay, the greater the risk of a complaint/suit occurring, especially with CA law now requiring disclosure as to whether a CASp survey has been performed or not.

There remains the misunderstood belief that if buildings are old (pre-ADA) and no work has been performed that they are grandfathered.

 

[conarb]

The longer they delay, the greater the risk of a complaint/suit occurring, especially with CA law now requiring disclosure as to whether a CASp survey has been performed or not.

Who's going to pay for all of this? We are fast devolving into a tyranny, we are now arming our cities with military assault equipment, we are becoming such an overregulated society that maybe it is time for a revolution. Cities are going bankrupt because of the government benefits, interesting look at Detroit, public employees are hated, I can't tell you how many customers I've had ask me to not get a permit, when I say I have to one said: "I don't want any government employes poking around my property", this was a gated estate I built in the 70s and he was having me update it.

 

[mark handler]

Comments on point, thank you.Building built pre-ADA, owner has a ongoing duty to remove existing barriers subject to structural, space and cost limitations spelled out in the ADA and to maintain where necessary, those items requiring periodic adjustment (closer pressure) or refreshing (paint stripes), etc.

The longer they delay, the greater the risk of a complaint/suit occurring, especially with CA law now requiring disclosure as to whether a CASp survey has been performed or not.

There remains the misunderstood belief that if buildings are old (pre-ADA) and no work has been performed that they are grandfathered.

Can a disabled person sue, yes.

Do I have the authority to force a property owner with no construction activity/permits to modify the building, NO

 

[ADAguy]

Update you say? As in finishes and other decorative elements only?

 

[mark handler]

Update you say? As in finishes and other decorative elements only?

Those items don't require a permit. No permit, no authority.