Public Accommodations Commercial Facilities ADA and CA Law for Public Accommodations & Commercial Facilities An Introduction to Disabled Access requirements in California for Property Owners and Tenants Introduction Welcome Introduce yourself Housekeeping items Restrooms Cell phones Breaks (if any)

This program is sponsored by, and was created by CASp Services® Credits Recognize: -CASp Services (-Any other entity that may be sponsoring this. I.e. Chamber of Commerce, Better Business Bureau, City Council members, etc.)

The basics of Disabled Access Independence for persons with physical and sensory disabilities Why the need for disabled access? What types of disabilities can we accommodate with minor adjustments to the way we construct the built environment? Not all disabilities can be accommodated through modifications to the built environment. In addition to disabilities, there are the young people that need special consideration; additionally - we are aging!

The basics of Disabled Access Intended to serve a wide spectrum of individuals Mainstreaming Two thoughts on this term – First, it is important that where feasible, society includes all persons, regardless of their abilities, into activities, places of business, and affords adequate housing. - We shape our environments, and our environments shape us. We can be disabled or empowered by what we design and build. - Secondly, many of the accessible features that are being mandated provide positive, unintentional benefits for those of you that may not have any disabilities, or limits to your abilities. As an example of this concept: - Protruding objects - We restrict how much an object, such as light fixtures or devices or decorations or construction materials, protrude from a wall to a maximum of 4” when it is below a height of 80”. This was originally done to protect the blind or partially sighted persons from walking into an object and being hurt. The positive, unintentional benefit of this requirement serves all of us quite well. How often have you walked down a hallway, or along the wall of a building not paying attention? Whether it was reading a newspaper, reading a text message on your phone, or simply daydreaming about your next vacation. Mainstreaming

The basics of Disabled Access To provide access into and throughout buildings and facilities Our goal is not only to provide the ability to access a building, but to enable as many people as possible to maneuver throughout the building (and hopefully spend their money in your business establishment!).

The basics of Disabled Access Removal of barriers in existing buildings to permit access into and throughout the building New facilities and buildings are not necessarily the dilemma these days, as your local building department has been doing a good job assisting designers and builders construct new facilities as accessible to the disabled. The greater concern are the thousands of existing facilities that were built prior to disabled access requirements. Under the ADA - You as building/property owners and tenants have a responsibility to make modifications to your places of business to allow access to the disabled. This is called “Barrier Removal”. The need to remove architectural and other barriers that prevent persons for accessing and using your facilities. This concept of barrier removal is one of the main differences between the federal ADA requirements and California’s disabled access provisions.

Accessibility Requirements ADAAG FHA Design Manual The complexity of the disabled access requirements these days simply adds to the confusion, both on your side (building owners and tenants) and on the design and construction side, thereby providing room for errors in the correct application of disabled access provisions. California State Laws

Selected State Laws Government Code 4450 Health and Safety Code 19955 Civil Code 51 Civil Code 55.51 Government Code 12955 Health and Safety Code & Government Code 4456 As an example, here are a few of the more notable California laws regarding disabled access in California. Recommend that you and your corporate attorneys review and be aware of the various laws, regulations, and standards of construction that pertain to your specific circumstance. Your local building official and local certified access specialist are excellent resources to assist you.

Readily Achievable Barrier Removal under the ADA Individuals with disabilities may not be denied the full and equal enjoyment of the goods and services, facilities, privileges, and advantages, or accommodations. Must take certain limited steps to improve access to existing places of Public Accommodation. Obligated to remove barriers when readily achievable to do so. Readily achievable: means easily accomplishable and able to be carried out without much cost or difficulty. Again, under the ADA you have a responsibility to remove barriers, when they are “Readily Achievable”.

Places of Public Accommodation Places of Lodging Public Transportation Establishments serving food or drink Places of public display Places of entertainment Places of recreation Places of public gathering Places of education Sales and Rental services Social service establishments Service Establishments Places of exercise or recreation

DOJ’s list of examples of modifications that are readily achievable. Installing Ramps Installing grab bars in toilet stalls Making curb cuts Rearranging toilet partitions Repositioning shelves Insulating piping under sinks and lavatories Rearranging tables, chairs & other furniture Installing raised toilet seats Repositioning telephones Install full-length bathroom mirrors Elevator control buttons Repositioning paper towel dispensers Audible & Visual Alarms Creating accessible parking spaces Widening doors Making existing water fountains usable Installing offset hinges to widen doors Removing high pile, low density carpeting Eliminating Turnstiles Installing vehicle hand controls Installing accessible door hardware Here are examples of barriers that must be removed in all places of public accommodations. Explain what each of these entails -

Readily Achievable consideration The nature and cost The financial resources available The relationship with the parent company (Geographically, Administratively, Fiscally) Financial resources of the parent organization The type of use of the facility or organization Explain the definition of readily achievable - see 36.104

Priorities to consider when removing barriers (ADA) First – Provide access to and through the main entrance door Second – Provide access to the goods and services Third – Provide accessible restrooms Fourth – Other barriers - I.e. Phones, parking, signage Explain

Employee Areas, and ADA Barrier Removal Employee areas generally do not need to have barriers removed, except if they may be a place where the public has access to. Even if it is only on an annual basis. As an employer, you have a responsibility to ensure the workplace is useable by your employees, based on their specific needs or disabilities. This is an ADA Title I issue.

Common Q & A How can a public accommodation decide what needs to be done? Here are a few common questions that you may have – Explain what a self-evaluation is, and what the process is - Self-Evaluation

Readily achievable barrier removal plan Common Q & A If a public accommodation determines that its facilities have barriers that should be removed, but it is not readily achievable to undertake all of the modifications now, what should it do? Readily achievable barrier removal plan Explain what a barrier removal plan entails -

Common Q & A What if I’m not able to remove barriers at this time due to my financial situation? Does that mean I’m relieved of current responsibilities? NO!

Common Q & A If the obligation is continuing, do you mean there are no limits on what I must do to remove barriers?

Common Q & A What is the difference between barrier removal and alterations Aren't they both very similar? Explain the difference between the ADA barrier removal requirements, and the new construction requirements that will be required to comply with both federal and state construction requirements.

Places of Public Accommodation Common Q & A One of the buildings that I own is a small factory with offices. Do I have to make that accessible? Places of Public Accommodation Places of Lodging Public Transportation Establishments serving food or drink Places of public display Places of entertainment Places of recreation Places of public gathering Places of education Sales and Rental services Social service establishments Service Establishments Places of exercise or recreation Explain the difference between a public accommodation and a commercial facility. Commercial facilities do not have any barrier removal requirements, however Commercial facilities do have a requirement do provide disabled access through the construction process (new, alterations, additions, etc.)

Common Q & A How can a public accommodation decide what needs to be done? If a public accommodation determines that its facilities have barriers that should be removed, but it is not readily achievable to undertake all of the modifications now, what should it do? What if I’m not able to remove barriers at this time due to my financial situation? Does that mean I’m relieved of current responsibilities? If the obligation is continuing, do you mean there are no limits on what I must do to remove barriers? What is the difference between barrier removal and alterations Aren't they both very similar? One of the buildings that I own is a small factory with offices. Do I have to make that accessible? Any other questions that may come to mind - ?

Accessibility in Existing Buildings Increasing Accessibility in Existing Buildings When: Renovations Structural Repairs Alterations Additions In addition to the barrier removal requirements for public accommodations, when you change or modify your place of business disabled access upgrades must be provided.

Accessibility for Existing Buildings Alterations, structural repairs or additions shall comply with the requirements of a new building; however, only the areas of specific modification including the areas specified in this section These disabled access upgrades are not necessarily required through a building. As an example, here is a multi-tenant type building. Unit H is undergoing a tenant improvement. Everything that is touched or modified in the Unit H area must be made accessible to current standards, and

Accessibility for Existing Buildings A primary entrance and the primary path of travel to the specific area being modified, and the sanitary facilities, drinking fountains, signs and public telephones serving the area and - All associated, common use facilities that support Unit H must also be made accessible to current standards, such as restrooms, telephones, signage, parking, path of travel, etc.

Exceptions: Monetary concerns – Unreasonable Hardship An Unreasonable Hardship exists where the costs of providing accessibility exceeds 20% of the project cost * Unreasonable Hardship applications are not automatic. It must be evaluated independently by each respective local Building Official. Certain building types that were exempted under old CA law, but is no longer exempted per the ADA Alterations solely to increase accessible provisions Certain types of alterations are not subject to an increase in access There are a few exceptions, exemptions, and considerations – First – money. Unreasonable hardship … Exemptions that existed in California prior to the ADA may no longer be exempt due to more restrictive federal requirements. As an example: Prior to the ADA, CA exempted buildings <5,000 sqft. However, the ADA only exempts buildings <3,000 sqft explain other exemptions - If you are making modifications in order to increase accessibility, you will not be asked to provide additional accessible features solely because you are doing tenant improvement work. There are some types of improvements that will not trigger accessible upgrades. Explain -

A brief look at selective technical provisions

Path of travel to the accessible entrances Explain path of travel – From the public transportation stop, to, an into, and throughout the building. This is a multi-responsibility matter the local jurisdiction is responsible to provide an accessible path of travel from the public transportation stop to the property, then it is the property owner’s responsibility to provide an accessible path of travel to the tenant space, the it is the responsibility for the tenant to provide an accessible path of travel throughout the space

Accessible Parking OR Explain the parking features, and differences between multi-family dwelling parking requirements (on the right) and commercial and public accommodation parking requirements (on the left).

Accessible Entrances Explain the features necessary to make doors and doorways accessible – Minimum 32” clear width Level landings on both sides of the door Landings at the same level on both sides of the door (if there are any multi-family dwelling owners/managers in the audience, explain some of the differences) Door hardware – no tight pinching, grasping or twisting of the wrist, lever type Maximum 5# operating force (explain the few exceptions) Bottom 10” smooth and uninterrupted Signage at doors Power actuated doors

Restrooms Explain the complexity of the requirements necessary to make restrooms accessible -

Tax benefits Total revenues of < $1million, or less than 30 full-time employees 50% of accessible expenditures up to $10,250 / per year. PLUS $15,000 / per year available to all business for barrier removal Disabled Access Credit – IRS Section 44 – From 8826 Business Expense (Tax deduction) – IRS Section 190 (Publication 535) Small Businesses ALL Businesses There are tax advantages available for everyone providing accessible upgrades to their facilities. Both tax credits and tax deductions may be available. Check with your tax consultant or tax attorney.

Inspection and Review Mediation Complaints Through the courts You are not alone in this process. The local jurisdiction has an ADA consultant to assist. The local jurisdiction has a Certified Access Specialist available to assist. The local jurisdiction has a qualified building department / division available to assist you. The court system is also available to assist, Hopefully you will utilize all this assistance before a complaint is filed against you and your business.

Dan Kaiser dank@accessservicesplus.com www.CASpServices.com www.AccessServicesPlus.com (877) (552-4737) Note to all: Feel free to add your personal contact info -