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Department of Justice is starting to enforce ADA codes… again

The Department of Justice after a long haitus has begun to inspect for ADA code violations again.

Federal prosecutors are reviewing about a dozen downtown Minneapolis restaurants for compliance with the Americans with Disabilities Act, Minnesota U.S. Attorney B. Todd Jones’ office said Wednesday.

Department of Justice attorneys may review other Minnesota restaurants as part of the review, which is starting with high-traffic, downtown restaurants on or adjacent to Nicollet Mall.

You can see the rest of the article here.

During the last Bush administration, much of the enforcement activity from the DOJ was halted. With the change in administration under Obama, the DOJ begun to purse offenders of the ADA, although they seemed to limit their activity to larger companies. Apparently they have begun to do spot checks of high traffic areas again.

Curious to see what they might find at your site? Call us and have us take a look. 866 982 3212.

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How effective is ADA Lawsuit Insurance

Interesting article quoted below.

By employing simple risk management techniques you can protect yourself on many levels. First and foremost, be sure you know the law and work within the law to be in compliance. The pieces that you cannot control, you should transfer to others when available. One such risk transfer technique is purchasing Employment Practices Liability Insurance, or EPL for short. This is an insurance policy that protects employers from lawsuits that they may receive from employees. Everything from unlawful termination, discrimination, harassment, and wage & hour disputes are covered under this type of policy. However, this insurance is not included in your standard General Liability protection.

You can read the rest of the article here.

What this article focuses on, is insurance. Insurance is important but that isn’t protection against lawsuits, just against you paying for them. Of course, you still have to pay for the insurance. Either way, the best way to avoid lawsuits is to be compliant in the first place. Being compliant ensures you have a defensible situation. After all, who has money to throw away on a fixed cost such as paying for insurance?

Often property stakeholders will hire us only after the second lawsuit, because they dismiss the first like being hit by lightning (it won’t happen again). This dismissal ignores the fact that most property stakeholders who have been sued believe that they would never have been sued in the first place.

But ADA compliance is something visible to the naked eye. If you know a few things, you can spot them everywhere. And even if you only know a few things, you can bet that there will be many many MANY more things in violation with your site. The best solution to stopping lawsuits is to become compliant in the first place.

You know what to do. help@accesssolutionllc.com or 866 982 3212. Contact us. We are your best solution to finding out what is wrong with your site.

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Major ADA lawsuit at Santa Rita

A lawsuit was filed yesterday (11-14) in superior court against the Alameda Count Jail at Santa Rita (Dublin) by lawyers for disabled inmates. The allegation is that the facility denies them access to toilets, showers and programs.

“Whats happening at Santa Rita is wrong as so many levels. Civil rights are routinely violated, and the jail’s correctional rehabilitation model is rendered effectively unavailable for an entire population of people,” Michelle Uzeta, legal director for the Disability Rights Legal Center, is quoted as saying.

See the rest here and here

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“ADA issue keeps new Metro card machines under wraps for all”

Referenced from Overlawyered.com

The first shipment of the new [SmarTrip card] machines did not have the audio and Braille features required under the Americans with Disabilities Act. But Metro thought it could roll out the machines and add the audio and Braille a couple of months later. When disability advocates raised concerns, Metro realized that going forward would violate the ADA, and the transit agency halted the rollout.

So nearly three weeks after every station was to have its own SmarTrip card dispenser, riders at nearly half of the stations in the Metrorail system are out of luck if they need to buy a card.

Read it here: New Metro Card Machine not compliant

The principle being that, if it is offered to one it must be offered to all.

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Scott Johnson is being accused of Fraud for past ADA lawsuits filed

SACRAMENTO, CA – The quadriplegic attorney who has sued more than 2,100 businesses over disabled access refuses to answer allegations that he never personally visited many of them.

Four former legal assistants who have filed a sexual harassment and wrongful termination lawsuit against Scott Johnson claim they were sent into most of the businesses Johnson sued while he waited outside in his van.

Johnson has not returned phone calls or emails since the story broke in early October, but News10 caught up to him Monday outside the federal courthouse as he arrived for a status conference on one of his active cases.

“My legal counsel has instructed me not to provide any comments,” Johnson said in response to multiple questions about the drive-by allegations.

In an earlier interview with News10, the ex-employees expressed remorse for their role in preparing what they now consider fraudulent lawsuits under the Americans with Disabilities Act.

Read more here: http://www.news10.net/news/local/article/215162/2/Attorney-behind-2100-lawsuits-questioned-at-courthouse

We live in a litigious society. Don’t be caught up suing or being sued. Its better to be compliant and avoid any court issues in the first place.

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Knoxville disability coordinator files discrimination lawsuit

KNOXVILLE (WATE) – A Knoxville breast center is being sued for allegedly denying services to a disabled woman. The plaintiff is the disability service coordinator for the city.

Stephanie Cook has been in a wheelchair for 25 years. She says she was denied an MRI at the Knoxville Comprehensive Breast Center (KCBC) because of her disability.

“I’ve just never had any one blatantly say we can’t help you,” said Cook, the disability service coordinator.

It began in June 2011 when Cook, who has a family history of breast cancer, found a suspicious lump. She went to KCBC for a consult.

“They told me to come back in six months for an MRI,” Cook said. “I asked (the nurse) to make a note that I use a chair and I would probably need some help to get on the table.”

Then last December she was told she could not have the MRI she needed. It is not handicap accessible.

Cook is suing the center under the Americans with Disabilities Act.

Read more here: Knoxville disability coordinator files discrimination lawsuit

It’s important for all goods and services to be accessible to anyone if those services are offered to everyone.

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SB 1186 Part 1: Not the magic bullet businesses were hoping for

Senate Bill 1186 couldn’t pass through California’s governmental processes fast enough for businesses. It was heralded as the end of “drive by lawsuits”, but the final bill may have fallen far short of that lofty goal.

Unfortunately for business owners, none of those parts does anything to curb the tide of accessibility lawsuits. In fact, predatory lawyers seeking to bolster their income may start filing even more lawsuits.

SB 1186 has nine important parts. This article focuses on the first three sections.

Part One of the law tries to stop “frivolous” lawsuits by requiring attorneys to send a copies of their demand letters to  the California Commission on Disability Access and, until January 1, 2016, to the State Bar. It also puts some limits on what can be in a demand letter. For example, what has been called “perfectly legal extortion” can no longer happen. In the past these serial litigants would demand a few thousand dollars, or they would file suit seeking tens of thousands of dollars from the target business.

However, because of the rise of CASp, very few letters use this tactic anymore anyway. And nearly all recent lawsuits are based on just a few actually legitimate complaints rather than the laundry list lawsuits of the last decade. This part of the new law is largely behind the times and outdated.

Part Two attempts to protect businesses which are already in the process of becoming compliant. Until now, even if you are in the middle of construction to fix an accessibility problem, a drive-by litigator could send you a lawsuit alleging that it wasn’t correct at the exact moment they visited — and legally they’d be right. In this case, 1186 does give a great benefit. It grants even greater protection for anyone who has hired a CASp. You don’t have to be fully compliant; you don’t even have to have started construction. So long as you’ve hired a CASp before you get sued, you are now protected.

Part Three is what everyone thought would be the magic bullet. It lowers the amount you can be fined from a mandatory minimum of $4000 to a minimum of $1000. However, that only applies if you are able to fix the problem within 60 days of being notified. This type of rush construction is great for contractors because they know you are under the gun so they charge whatever they like. Your total out-of-pocket expenses could even be higher than just ponying up the $4000. It’s also very important to understand that even the $1000 fine is “per offence”, which means the same litigant can say they visited your store or restaurant 10 times and multiply all of the fines by 10. Or 20. Or 50.

So, there are some benefits granted by SB 1186, but getting a CASp survey is still the only true legal protection against accessibility lawsuits.

You can read the law for yourself by clicking here: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1151-1200/sb_1186_bill_20120430_amended_sen_v98.html

Stay tuned for the second part soon.  Any questions about how SB 1186 applies to your site or looking to schedule an inspection?  Call us at 866 982 3212 or email us at help@accesssolutionllc.com.

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Arlington settles lawsuit over Americans With Disabilities Act

The city of Arlington, TX has settled a lawsuit over the Americans with Disabilities Act for their streets and sidewalks.

ARLINGTON — After years of litigation, including an appeal to the U.S. Supreme Court, Arlington has reached a settlement with a group of residents who allege the city failed to ensure its sidewalks were accessible to people with disabilities.

Richard Frame, a quadriplegic resident, sued Arlington in 2005 over the lack of accessible sidewalks and curb cuts that he said were required under the federal Americans with Disabilities Act.

Lack of compliance is rampart. Despite this norm, lawsuits will continue.

Read more here: Arlington settles lawsuit over Americans With Disabilities Act

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Free Accessibility

With the available tax breaks accessibility upgrades can be very nearly free.

Almost all small businesses qualify for tax credits and tax refunds for any ADA work you do.  But amid the constant stories of lawsuit abuse, unpremeditated barriers, predatory lawyers, and nefarious corporations, the really valuable information tends to get lost. One of the most important pieces of information is the available tax benefits for businesses that choose compliance instead of doing nothing and living in fear of a lawsuit. That’s one of the things the government is woefully bad at. They say “Ignorance of the law is no excuse” then craft ridiculously complicated laws, like the ADA, and make almost no effort to educate the public.

Still, inroads have been made. President Bush sent a “Tax Incentives Packet” which details some of the available benefits. Since then there has been less educational efforts, but the benefits are still available — if you know exactly what to ask for.

The first part is the Tax Credit. If you spend between $250 and $10500 on accessibility improvements, Uncle Sam will pick up roughly half of the tab. That’s up to $5000 of free money! The tax credit is really amazing. If you’re a small business earning less than seven figures, having $5000 in government money make the different in finally being able to fix up your restroom. To get the tax credit you’ll need IRS form 8826, which you can download from here: http://www.ada.gov/f8826.pdf

But you’re probably thinking “What about the other half?” That’s where the Tax Refund portion kicks in. Section 190 of the Internal Revenue Code says that anything you spend on accessibility which doesn’t get covered by the tax credit is tax deductible, up to $15,000. Is your tax bill looming this year? Do some accessibility work and deduct it!

When adding together the tax credit and tax deduction, you get a total of $20,000 in benefit from the government for doing the ADA work that you’ll have to do anyway. Remember, although you can get all of this money back for doing the work, NOBODY will help you pay off a lawsuit. It’s much cheaper to get accessible in the first place than to wait for a lawsuit then get court ordered to make the fixes.

If you’re in California, consider protecting yourself with CASp. CASp grants you legal breathing room so you can fix problems at your own pace. Without CASp, you really need to fix everything as quickly as possible before the dreaded lawsuit hits. Keep in mind that both the tax credit and tax deduction can be used each and every year. If you’ve got a CASp Certificate, you can do a little work each year — gaining the maximum possible tax benefit – and minimize the constant threat of a lawsuit.  Utilizing these tax credits can pay for construction and the cost of our inspection.  That’s money you would have had to pay in taxes anyway, so it’s really at no cost to you.

Call us at 866 982 3212 or email us at help@accesssolutionllc.com today to get your free inspection.

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Emergency Update on California Building Code

In order to better eliminate some more difficult compliance items, the Division State Architect has recommended some emergency updates to the 2010 California Building Code. The California Building Standards Commission has agreed to these changes. Many of the items, such as the Braille Signage as specified under the California Building Code are so different from the Americans with Disabilities Act 2010 that compliance with one standard means non-compliance with the other. So either way you can get sued.

These changes comes as a welcome alteration from the point of view of building owners, property managers and construction and design professionals working in California. Interestingly enough, many of these changes alter the sign requirements making the white papers released by Nova Polymers now outdated, as far as the California code is concerned.

I have reproduced these changes below for your convenience.

Emergency Express Terms 1 of 7 06/27/2012
EMERGENCY EXPRESS TERMS FOR PROPOSED BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT REGARDING PROPOSED CHANGES TO CALIFORNIA BUILDING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2 ACCESSIBILITY TO PUBLIC BUILDINGS,  PUBLIC ACCOMMODATIONS, COMMERCIAL BUILDINGS AND
PUBLICLY FUNDED HOUSING
Legend for Emergency Express Terms:
1. California amendment: California language will appear in italics text.
2. Amended, or repealed language: Amended or repealed language will appear in underline
and strikeout.
3. Adopted language: Adopted language will appear in underline.
4. Rationale: The justification for the change is shown after each section or series of related
changes.
5. Notation: Authority and reference citations are provided at the end of each section.
6. Abbreviations:
CBSC (California Building Standards Commission)
DSA-AC (Division of the State Architect – Access Compliance)
USDOJ (United States Department of Justice)
ADA Standards (2010 ADA Standards for Accessible Design)
EXPRESS TERMS
ITEM 1
1104B.3 Auditoriums, assembly halls, theaters and related facilities. …
1104B.3.9 Designated aisle seats. In addition to the wheelchair spaces required, 5 percent, but not less than one, of all fixed aisle seats, shall be designated aisle seats with no armrests on the aisle side, or with removable or folding armrests on the aisle side. The designated aisle seats shall be those located closest to accessible routes. Each such seat shall be identified by a sign or marker with the International Symbol of Accessibility (see Figure 11B-6). Signage notifying patrons of the availability of such seats shall be posted at the ticket office. Signs and markers shall comply with Section 1117B.5.1 items 2 and 3, as applicable.

Statement of Reason: During the 2010 rulemaking cycle, DSA-AC intended to incorporate the basic requirement of 2010 ADA Standards, Section 221.4, which requires at least five percent of the total number of aisle seats provided shall be designated aisle seats. Due to an inadvertent error, the approved amendment indicated at least five percent of fixed seats rather than aisleseats. DSA-AC is proposing to amend the provisions of 1104B.3.9 to correct this error.
Authority: Gov. Code§ 4450
Reference: Gov. Code§ 4450-4461, 12955.1 & 14679; Health & Safety Code§ 18949.1 &
19952-19959 & Vehicle Code§ 22511.8
ITEM 2
1115B.4 Accessible fixtures. …
1115B.4.1 Accessible water closets. Water closets required to be accessible shall comply with
this subsection:

1. The centerline of the accessible water closet fixture shall be 16 inches (405 mm) minimum and 18 inches (457 mm) maximum from the side wall or partition. On the other side of the water closet, provide a minimum of 28 inches (711 mm) wide clear floor space if the water closet is adjacent to a fixture or a minimum of 32 inches (813 mm) wide clear floor space if the water closet is adjacent to a wall or partition. This clear floor space shall extend from the rear wall to the front of the water closet.


Exception: The centerline of accessible water closets located in ambulatory accessible compartments shall be 17 inches (430 mm) minimum and 19 inches (485 mm) maximum from the side wall or partition.

2. Provide clear floor space and maneuvering space at accessible water closets in compliance with Section 1115B.4.1, Item 2. Refer to Section 1115B.3.1, Items 4.2 and 4.3 for additionally required maneuvering space at multiple-accommodation toilet facilities. Refer to Section 1115B.3.2, Item 3 for additionally required maneuvering space at single-accommodation toilet facilities.

2.1…
2.2…
2.3…

Exception: An adjacent fixture at the rear wall is permitted to encroach into the required
clear floor space at the wide side of the water closet where clearances are provided in
compliance with Section 1115B.4.1, Item 1.

Statement of Reason: DSA-AC is proposing to amend this section to align the CBC with the 2010 ADA Standards, Section 604.2. The requirement to locate the centerline of a water closet 18” absolute from a side wall or partition is being revised to provide a range of 16” minimum to 18” maximum from the side wall or partition. An exception is provided for water closets in ambulatory accessible toilet compartments. The exception provides that water closets within ambulatory accessible compartments be located 17” minimum to 19” maximum from the side wall or partition. In construction, the technological capacity to achieve an exact and precise placement of a water closet can be quite difficult. Variations in wall finish thicknesses or structural members can easily influence the final constructed condition, especially in concrete slab construction. Specifying a range rather than an absolute value for the location of the centerline of a water closet will better ensure that facilities accomplish the level of accessibility intended.
Additionally, DSA-AC is proposing to amend this section to delete the provision and exception which allow fixtures adjacent to an accessible water closet at least 28 inches from the water closet on the wide side, and to delete the provision which allows a wall or partition at least 32 inches from the water closet on the wide side. Under the 2010 ADA Standards, Sections 604.3.1 and 604.3.2, these elements are not permitted to overlap the required clear floor space at a water closet. Clear floor space requirements for water closets, as indicated in CBC 1115B.4.1, Item 2,
accurately reflect the 2010 ADA Standards clear floor space requirements for water closets not within a compartment (604.3.1), wall mounted water closets within a compartment (604.8.1.1) and floor mounted water closets within a compartment (604.8.1.1), and the current language in these sections remains unchanged.
Related code changes are proposed for Figures 11B-1A and 11B-1B for consistency.
Authority: Gov. Code§ 4450
Reference: Gov. Code§ 4450-4461, 12955.1 & 14679; Health & Safety Code§ 18949.1 &
19952-19959
ITEM 3
1115B.8 Accessories. …
1115B.8.4 Toilet tissue dispensers. Toilet tissue dispensers shall be located on the wall within 12 inches (305 mm) of the front edge of the toilet seat, wall or partition closest to the water closet, 7 inches (180 mm) minimum and 9 inches (230 mm) maximum in front of the water closet measured to the centerline of the dispenser, mounted below the grab bar, with the outlet of the dispenser at a minimum height of 19 inches (485 mm), and 36 inches (914 mm) maximum to the far edge from the rear wall. Dispensers that control delivery or that do not permit continuous paper flow shall not be used. See Figure 11B-1A.
Statement of Reason: DSA-AC is proposing to amend this section to align the CBC with the 2010 ADA Standards, Section 604.7. The CBC currently requires toilet tissue dispensers to be located in accessible water closet compartments within 12 inches of the front edge of the toilet seat and within 36 inches of the rear wall. The amendment to this section will require the centerline of the toilet tissue dispenser to be within a range of 7-9 inches in front of the water closet. Additionally, language consistent with the 2010 ADA Standards, Section 604.7 is being added to clarify the regulated height of the toilet paper dispenser is measured to the outlet of the dispenser.
Authority: Gov. Code§ 4450
Reference: Gov. Code§ 4450-4461, 12955.1 & 14679; Health & Safety Code§ 18949.1 &
19952-19959
ITEM 4

1117B.1 Accessible drinking fountains. Where drinking fountains are provided, they shall comply with this section: …

4. Operable parts, spout height and location. The bubbler shall be activated by a manually operated system complying with Section 1117B.6, Item 4 that is front mounted or side mounted and located within 6 inches (152 mm) of the front edge of the fountain or an electronically controlled device. The bubbler outlet orifice shall be located within 6 inches (152 mm) of the front edge of the drinking fountain and within 36 inches (914 mm) of the floor. The water stream from the bubbler shall be substantially parallel to the front edge of the drinking fountain. Spout outlets shall be 36 inches (914 mm) maximum above the finish floor or ground. The spout shall be located 15 inches (381 mm) minimum from the vertical support and 5 inches (127 mm) maximum from the front edge of the unit, including bumpers.

5. Water flow. The spout shall provide a flow of water at least 4 inches (102 mm) high so as to allow the insertion of a cup or glass under the flow of water minimum and shall be located 5 inches (127 mm) maximum from the front of the unit. The angle of the water stream shall be measured horizontally relative to the front face of the unit. Where spouts
are located less than 3 inches (76 mm) of the front of the unit, the angle of the water stream shall be 30 degrees maximum. Where spouts are located between 3 inches (76 mm) and 5 inches (127 mm) maximum from the front of the unit, the angle of the water stream shall be 15 degrees maximum. On an accessible drinking fountain with a round or oval bowl, the spout must be positioned so the flow of water is within 3 inches (75 mm) of the front edge of the fountain.

 

Statement of Reason: DSA-AC is proposing to amend this section to align the CBC with the 2010 ADA Standards, Sections 602.4, 602.5, and 602.6. CBC Section 1117B.1, Item 4 is being amended to incorporate language from 2010 ADA Standards Section 602.4 which requires the drinking fountain spout to be located 15 inches minimum from the vertical support and 5 inches maximum from the front edge of the unit, including bumpers. A title for this section is also being added.CBC Section 1117B.1, Item 5 is being amended to incorporate federal language which requires a
water flow location of 5 inches maximum from the front of the unit. Language is also being added to describe acceptable angles of water flow, relative to the front of the drinking fountain, based on varying spout locations as measured from the front of the unit. A title for this section is also being added.
A related code change is proposed for Figure 11B-3A for consistency.
Authority: Gov. Code§ 4450
Reference: Gov. Code§ 4450-4461, 12955.1 & 14679; Health & Safety Code§ 18949.1 &
19952-19959
ITEM 5
1117B.5 Signs and identification. …
1117B.5.3 Proportions. Characters Visual characters on signs shall be selected from fonts that have a width-to-height ratio of between 3:5 (60 percent) and 1:1 (100 percent) where the width of the uppercase letter “O” is 60 percent minimum and 110 percent maximum of the measured by the width of the uppercase letter “O” and height of the uppercase letter “I”, and a stroke width-toheight ratio of between 1:5 (20 percent) and 1:10 (10 percent) measured by the width and height of the uppercase letter “I”. Stroke thickness of the uppercase letter “I” shall be 10 percent minimum and 20 percent maximum of the height of the character.
…
1117B.5.5 Raised characters and pictorial symbol signs. When raised characters are required or when pictorial symbols (pictograms) are used on such signs, they shall conform to the following requirements:

1. Character type. Characters on signs…
2. Character size. Raised characters…
3. Pictorial symbol signs (pictograms). Pictorial symbol signs…
4. Character placement. Characters and Braille…
5. Proportions. Raised characters on signs shall be selected from fonts where the width of the uppercase letter “O” is 60 percent minimum and 110 percent maximum of the height of the uppercase letter “I”. Stroke thickness of the uppercase letter “I” shall be 15 percent maximum of the height of the character.
Statement of Reason: DSA-AC is proposing to amend CBC Section 1117B.5.3 to address character proportions and stroke width requirements of fonts used for visual signs to align with the requirements of the 2010 ADA Standards, Sections 703.5.4 and 703.5.7.DSA-AC is also proposing to amend CBC Section 1117B.5.5 to add Item 5 which addresses character proportions and stroke width requirements of fonts used for tactile signs to align with
the requirements of the 2010 ADA Standards, Sections 703.2.4 and 703.2.6.
Authority: Gov. Code§ 4450
Reference: Gov. Code§ 4450-4461, 12955.1 & 14679; Health & Safety Code§ 18949.1 &

19952-19959
ITEM 6
1117B.5 Signs and identification. …
1117B.5.7 Mounting location and height. Where permanent identification signs are provided for rooms and spaces, signs shall be installed on the wall adjacent to the latch side of the door. Where there is no wall space on the latch side, including at double leaf doors, signs shall be placed on the nearest adjacent wall, preferably on the right.
Where permanent identification signage is provided for rooms and spaces they shall be located on the approach side of the door as one enters the room or space. Signs that identify exits shall be located on the approach side of the door as one exits the room or space.
Mounting height shall be 60 inches (1524 mm) above the finish floor to the center line of the sign. Signs with raised characters and Braille shall be located 48 inches (1220 mm) minimum above the finish floor or ground surface, measured from the baseline of the lowest line of Braille and 60 inches (1525 mm) maximum above the finish floor or ground surface, measured from the baseline of the highest line of raised characters. Mounting location shall be determined so that a person may approach within 3 inches (76 mm) of signage without encountering protruding objects or standing within the swing of a door.

See also Section 1115B.6 for additional signage requirements applicable to sanitary facilities.
Statement of Reason: DSA-AC is proposing to amend this section to align the CBC with the 2010 ADA Standards, Section 703.4.1. The 2010 ADA Standards require tactile characters on signs to be located 48 inches minimum above the finish floor to the baseline of the lowest tactile character, and 60 inches maximum above the finish floor to the baseline of the highest tactile character. The CBC currently requires identification signs with tactile text to be mounted 60 inches above the finish floor to the centerline of the sign. DSA-AC is proposing to require tactile characters on signs to be located 48 inches minimum above the finish floor to the baseline of the lowest tactile character, and 60 inches maximum above the finish floor to the baseline of the highest tactile character.

Authority: Gov. Code§ 4450
Reference: Gov. Code§ 4450-4461, 12955.1 & 14679; Health & Safety Code§ 18949.1 &
19952-19959
ITEM 7
1134B Accessibility for Existing Buildings …

1134B.2 General. When alterations, structural repairs…

1134B.2.1 A primary entrance to the building or facility and the primary path of travel to the specific area of alteration, structural repair or addition, and sanitary facilities, drinking fountains, signs and public telephones serving the area.

Exceptions:
1. …
2. …
3. …
4. …
5. If an element listed in Section 1134B.2.1, Exception 5, Items 5.1 through 5.5 has been constructed or altered in accordance with the accessibility requirements in either the 2007 or 2010 California Building Code, retrofit of that element to reflect the incremental changes in the August 1, 2012 Emergency Supplement to the 2010 California Building Code shall not be required solely because of an alteration to an area served by the element.
5.1 Accessible water closet – distance to adjacent wall or partition.
5.2 Accessible water closet – encroachment of the adjacent fixture at the rear
wall into the required clear floor space at the wide side of an accessible
water closet.
5.3 Toilet tissue dispenser – distance in front of water closet.
5.4 Drinking fountain spout outlet (bubbler outlet) – distance from front edge of
the fountain.
5.5 Drinking fountain spout – angle of water stream.

Statement of Reason: DSA-AC is proposing to add an exception to this section to coordinate with the 2010 ADA Standards, Section 35.151(b)(4)(ii)(C) of 28 CFR Part 35, which includes a ‘safe harbor’ provision for path of travel elements constructed or altered in accordance with the 1991 ADA Standards. This federal provision does not require path of travel elements to be modified to reflect incremental changes in the 2010 ADA Standards solely because of an
alteration to an area that is served by that path of travel. DSA-AC is proposing to amend this section to include a similar provision which provides relief from the requirement to upgrade specified elements constructed or altered in accordance with the accessibility requirements in either the 2007 or 2010 California Building Codes. The proposed exception will not require the specified elements to be modified to reflect incremental changes in the Emergency Supplement to the 2010 California Building Code solely because of an alteration to an area served by that element. This exception includes a list of the five elements which will qualify for the exception. Only elements proposed for amendment in this emergency rulemaking package have been included in the list of qualifying elements.

DSA-AC believes that this proposed amendment will ensure access for individuals with disabilities to buildings and facilities, while providing financial relief for alteration projects subject to the Emergency Supplement to the 2010 California Building Code. This amendment does not provide a blanket exemption for facilities. If an area is undergoing alteration, and required elements serving that area do not comply with either the 2007 or 2010 California Building Codes, then those elements must be brought into compliance with all applicable accessibility code requirements, including those items in the Emergency Supplement to the 2010 California Building Code.
Authority: Gov. Code§ 4450
Reference: Gov. Code§ 4450-4461, 12955.1 & 14679; Health & Safety Code§ 18949.1 &
19952-19959

If you want to see the original state posting it can be reached here: http://www.documents.dgs.ca.gov/dsa/access/2010CBC_Emergency-Express-Terms_06-27-12.pdf

As ADA experts we keep up with the latest code changes, and stay on top of this complex changing field. If you are interested in getting an inspection why wait? Avoid an Accessibility Lawsuit! Your site has many of these conflicts already, you should address those conflicts and remove the contradictory code elements from your site so you are compliant.

If you have any questions or comments call 866 982 3212 or email us at help@accesssolutionllc.com to schedule an inspection or ask questions about how accessibility effects your site.