Fire rebuild to include 20% upgrades?

[ADAguy]

All new work Shall, meet the accessibility codes
The 20 percent is in addition.

Good point Mark, a Major point often missed or challenged and often not budgeted for. The cost of alteration/repair of the damaged kitchen together with "an additional" 20% for access barrier removal.

Yes, the "code" does not require retroactive removal of barriers, unlike the ADASAD but the owner is obligated under Federal law to remove existing barriers to access even if the fire hadn't occurred. Enforcement of his failure to do so is left (unfortunately) up to those with disabilities to to file a claim with DOJ or in CA, a suit to cure.

Note however, if prior permitted construction did not comply with CBC 11B or ICC, it then falls to code enforcement to require correction. The owner can be subject to penalties for not doing so. The city general fund increases and no suits need occur.

 

[Mr. Inspector]

And who in the heck in PA agreed to such nonsense? Is this a state law they passed that requires these audits, or some state agency rules they made up on their own?

There's not a lot that's good about Illinois. But one thing I'll give us is that "they've" successfully fought off attempts to adopt a statewide building code for a long, long time. I'm not looking forward to when that changes.

* We do have a state accessibility code that I'm required to enforce. And I do. But I'd be supremely ticked if a state auditor showed up in town 3 years later and started going over jobs I barely remember doing.

State law passed by the PA house and senate and signed by the governor.

 

[JCraver]

So obviously there's no former tradesmen / contractors in your state legislature, eh?

 

[conarb]

Yes, the "code" does not require retroactive removal of barriers, unlike the ADASAD but the owner is obligated under Federal law to remove existing barriers to access even if the fire hadn't occurred.

Of course you live in a state that ignores federal law by statute, in fact state employees are forbidden to even cooperate with Federal employees.

 

[ADAguy]

So say you. I communicate with them all the time, unfortunately we are seeing the retirement of the first generation of Access Board Specialists. Consider us progressive but it is for good reason.

 

[conarb]

So say you. I communicate with them all the time, unfortunately we are seeing the retirement of the first generation of Access Board Specialists. Consider us progressive but it is for good reason.

California has declared itself a Sanctuary State, state employees cannot cooperate with Federal employees .

 

[ADAguy]

Again, so say you! Can you produce a declaration from the governor for "all" agencies not to cooperate with the Feds?
ADA benefits everyone not those who you appear to be referring to.

 

[mark handler]

Not Quite as stated
The state law called the “Immigrant Worker Protection Act,” took effect Jan. 1.
the bill:
▪ Requires employers to ask immigration agents for a warrant before granting access to a worksite.
▪ Prevents employers from voluntarily sharing confidential employee information without a subpoena.
▪ Requires employers to notify their workers before a federal audit of employee records.
▪ Gives the attorney general and labor commissioner exclusive authority to enforce new provisions of state labor laws.
▪ Prohibits employers from re-verifying information on employment verification forms, unless compelled to by federal law.

Looks like civil rights/illegal search and seizure laws, per the constitution of the US, are being enforced......

 

[ADAguy]

OK Viking, your comment might only apply in a T-1 action; therefore state access folks may carry on.

 

[ADAguy]

Not Quite as stated
The state law called the “Immigrant Worker Protection Act,” took effect Jan. 1.
the bill:
▪ Requires employers to ask immigration agents for a warrant before granting access to a worksite.
▪ Prevents employers from voluntarily sharing confidential employee information without a subpoena.
▪ Requires employers to notify their workers before a federal audit of employee records.
▪ Gives the attorney general and labor commissioner exclusive authority to enforce new provisions of state labor laws.
▪ Prohibits employers from re-verifying information on employment verification forms, unless compelled to by federal law.

Looks like civil rights/illegal search and seizure laws, per the constitution of the US, are being enforced......

Thank you Mark for setting him straight.

 

[conarb]

Again, so say you! Can you produce a declaration from the governor for "all" agencies not to cooperate with the Feds?
ADA benefits everyone not those who you appear to be referring to.

At law if some agencies don't have to cooperate with the Feds than no agencies have to cooperate tithe Feds.

We have the votes now on the Supreme Court, it's time to start filing lawsuits to get all of these discriminatory Civil Rights Laws thrown into the dusbin of history. As to ADA benefiting everyone, what about our schools being destroyed by the imbeciles, idiots, and morons in the classrooms because of the stupid ADA?

 

[conarb]

Thank you Mark for setting him straight.

Historically whenever there was a conflict between Federal law and State law Federal law prevailed, now I hear immigrant rights groups screaming: "State's Rights, 10th Amendment".That's exactly what the southern slave holders said, so if California has the right to contradict federal law and allow iiiegal people to stay the southern states have to rights to resume slavery.

 

[jar546]

You could spend the 20% on just a foundation for an accessible elevator or part of an accessible ramp and stop there. The code just cares how much is spent, it doesn't need to be finished.

That is the thinking in a very political Pennsylvania

 

[ADAguy]

Viking, your ship sank a long time ago.

 

[conarb]

Viking, your ship sank a long time ago.

No ADA Guy, your socialist ship sank the other day, Pat Buchanan wrote an interesting analysis in in Ron Unz' Review, now we can start telling building departments to "shove it" if they hold up our permit applications if we refuse to abide by ADA, I've been telling you guys for years that ADA is unconstitutional, it's going to take lots of lawsuits to drain the cofers of cities who insist on enforcing it,

 

[JCraver]

No ADA Guy, your socialist ship sank the other day, Pat Buchanan wrote an interesting analysis in in Ron Unz' Review, now we can start telling building departments to "shove it" if they hold up our permit applications if we refuse to abide by ADA, I've been telling you guys for years that ADA is unconstitutional, it's going to take lots of lawsuits to drain the cofers of cities who insist on enforcing it,

It's got to go back to SCOTUS before anyone gets to tell anyone to "stuff it". It might happen, but I wouldn't hold your breath.

 

[conarb]

It's got to go back to SCOTUS before anyone gets to tell anyone to "stuff it". It might happen, but I wouldn't hold your breath.

True, but we have to start somewhere to reclaim our freedoms and those with the ability can start costing the cities a ton of money in legal fees. Plus, once litigation starts discovery can open up building department books and find diversions of funds.