Non-accessible New Build

[Meadowbend99]

I was asked to look over plans for a new strip center building a year ago. This was because they were somehow approved for permit, but later the city found out they didn't have a seal on file (apparently the owner did all the plans himself). At this point the foundation and all exterior walls were complete. I noticed none of the restrooms were compliant and told him he needed to have those fixed. He promptly stopped talking with me and wouldn't accept my help with the project.

Fast forward to now. I've been asked to help with plans for one of the tenant spaces. I've told them that with the permit process they will have to have at least one accessible restroom (currently two restrooms when they're only required to have one). Apparently these restrooms are fully complete.

They are not required to go through the TDLR (Texas) registration for their project and the City we are going through permit with generally doesn't look. Their business is seasonal so they are desperate to get open before the holidays and asking them to rip apart and put back together a bathroom will probably kill their business this year.

I don't want to burst their bubble. Would you proceed with leaving the restrooms alone with the understanding that they are opening themselves up to being fined or having a lawsuit filed against them? I could tell them to start a fund to redo the bathrooms after the holidays?

 

[cda]

Get it now

Or

Forever hold your peace

 

[ICE]

In as much as you told the owner about the problem a year ago and you were ignored, you should not expect anything different now. I don't know what your professional responsibility might be but if you are in the clear, document your warning and let them do as they please. If you are not in the clear you're better off without them.

 

[steveray]

If you have ANY legal blow-back....get it now....

 

[Meadowbend99]

Thanks! I'm meeting with them this morning and as much as I hate being the bearer of bad news and as much as I would like to help them, I may have to walk from this one.

 

[Meadowbend99]

Well, I told them I wouldn't do the job unless it was fully compliant and they thanked me for my time. Hopefully the tenant will get the owner to fix it, but I highly doubt it.

 

[ADAguy]

Have them at least place a portable compliant RR or deny them a C of O.