Backwards

[classicT]

Your last sentence is the key, owners mistakenly believe that a C of O is a warranty of ADA compliance, They need to be continously reminded that it isn't.

I agree, but it is not a requirement for anyone in a Building Department to provide that reminder. It is the responsibility of the owner alone.

You have come after a number of us on the forum saying that we are responsible to enforce the ADA. Just a couple posts back, you even asserted this position over what a state attorney general (AG) says. Can you admit that this is false or....?

I am not required to know ADA to do my job. The state sets what I need to know, not you.

Yes you are, even if your AG says otherwise

 

[ADAguy]

It is the responsibility of states to insure that the minimum requirements of the ADA are implimented in their codes, rules & regs.
ICC has not received certification of compliance nor have any state codes. The Feds have not received budget with which to do so.
They have left to the do disabled to be ADA cops. Some states even have a bounty available as an incentive to enforce compliance.
"It depends" continues to be the rule by which courts determine compliance or not. Failure to communicate ongoing requirements is unfortunately continuing. As inspectors do you overlook existing noncompliant items that are potential hazards if they are not within a projects scope but adjacent to it?

 

[classicT]

As inspectors do you overlook existing noncompliant items that are potential hazards if they are not within a projects scope but adjacent to it?

Are they existing conditions that were accepted at time of construction, or items that were constructed illegally and missed? Each situation is going to be different. As an inspector, you have to work within what the adopted building code tells you to do.

And can you answer my question - will you recant your previous assertions that inspectors must enforce the ADA, even when told not to be the AG?

 

[ADAguy]

Grey area, you are required to observe and report "code" defiencies as related to the project you are inspecting but code, unlike the ADA is not always retroactive. Depending on your jurisdiction it can be very political if you comment beyond your authority, on that I agree.

 

[Mr. Inspector]

In most cases with commercial work I don't know who the owner is or have anyway to communicate with them. I could tell the contractor but it won't go to the owner.

As inspectors do you overlook existing noncompliant items that are potential hazards if they are not within a projects scope but adjacent to it?

I see non compliant items per code in almost every where in existing buildings that have permits and buildings that nothing is being done at all like the office I work out of.

 

[ADAguy]

Unfortunately perfection is an impossible standard to be held too. Too much to see and write up in the time allotted. You pick and choose subject to life safety impact or other directives from above

 

[Mr. Inspector]

How can I be responsible for this?

The PA accessible appeals board is always letting things not complying to accessible codes and probably not complying to ADA too. For example I am inspecting an existing building now where this board is allowing them to put in a few non accessible rest rooms. I don't see any reason why the board is allowing this because the story that the construction is occurring in was just empty space before and there is plenty of room to make the restrooms accessible.
The PA code allows this board to have this authority.

 

[tmurray]

The concern I see is that you have statutory immunity for performing your jobs in the US. You have no statutory immunity as soon as you step one foot outside of that role. Advising an owner, while well intentioned, will expose you and your employer to additional liability. In order to successfully mitigate this liability, you would need to have sufficient education to be considered an expert in the eyes of a court. However, even in this case, you would still incur losses in your legal defense.

There are countless laws regulating construction. Expecting one person to know and enforce all of them is not exactly reasonable, especially when that person has no legal authority to enforce the other laws.

 

[ADAguy]

The concern I see is that you have statutory immunity for performing your jobs in the US. You have no statutory immunity as soon as you step one foot outside of that role. Advising an owner, while well intentioned, will expose you and your employer to additional liability. In order to successfully mitigate this liability, you would need to have sufficient education to be considered an expert in the eyes of a court. However, even in this case, you would still incur losses in your legal defense.

There are countless laws regulating construction. Expecting one person to know and enforce all of them is not exactly reasonable, especially when that person has no legal authority to enforce the other laws.

Consider being a whistleblower to DOJ or a citizens group?

 

[tmurray]

Consider being a whistleblower to DOJ or a citizens group?

Both great options that I do all the time. You can easily pass something on to the AHJ for them to follow up.

 

[Mr. Inspector]

The AHJ will know about it because they need to put any approved appeals on the C. O. But I won't do anything else about it and I don't think the AHJ will. When you are a private 3rd party inspection company it's best not to make any waves because there are a lot of other 3rd part inspection companies that would want to take our place and in some areas in this state where there is more than one inspection company to choose from the contractor or owner gets to choose which one they want.
Can someone sue the state accessibility appeals board that complies to state law for not compiling to the federal ADA?

 

[ADAguy]

You betcha they can