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Mortuary Law- Mors 200 Study Guide > ADA Packet > Flashcards

Flashcards in ADA Packet Deck (19):

zoning ordinances

if none are in place, an evaluation of the area should be made to ascertain if neighboring landowners will object to the funeral home.


Businesses other than licensed funeral homes and funeral directors are offering death care services. for example...

with increase in cremation, direct disposition cremation companies and crematories will offer services directly to the public. (refrigeration facilities, livery services)


tri-state crematory scandle in Noble, Georgia led to

ten states enacted new or expanded crematory licensing laws in 2002. Florida has also developed new licensing laws for crematories, refrigeration, storage facilities and removal services. many states have expanded their laws after this.


One of the principal purposes of the Americans with Disabilities act is

to provide disabled individuals with full use and enjoyment of public accomodations.


Public accomodation section of ADA went into effect on

january 26, 1992


Public accommodation section of ADA requires

businesses to remove architectural communication and transportation barriers, provided that removal is "readily achievable" ie removal can be accomplished without much difficulty or expense taking into consideration the cost of the removal as well as the size and financial resources of the business.


funeral homes

are defined as public accommodations, therefore subject to this section of the ada


ADA's two sets of standards for public accommodations

1. more stringent standards are for those buildings or additions that were occupied after January 1993. Since law was enacted July 1990, any new building that was constructed for occupany after January 1993, should have been designed to fully comply with the ADA stringent standards.

-for older buildings, existing prior to January 1993 the ADA prescribes a more relaxed standard. However, may require funeral homes to make substantial investments to be in compliance.


In removing barriers for disabled individuals, the ADA has a list of priorities for owners of public accommodations. first priority

owner is to provide access to the facility from public sidewalks, parking facilities and public transportations. (ramps, widen entrance doorways, make curb cuts and designate disabled parking areas)


second priority

provide access to areas of the public accommodation where goods or services are made available to the public. ensure access to chapel, assisted listening devices etc.


third priority

establish access to restroom facilities. Doors and toilet stalls widened, toilet seats raised, grab bars installed etc.


final priority

take any other measures needed to insure access to goods, services, and the facilities of the public accommodation. ex. repositioning telephones, lower drinking fountains etc.


ADA requires only those removables which are

readily achievable


how to determine if removal is readily achievable

-cost and nature of removal
-overall financial resources of the business, the number of people employed at the site, the expense of instituting the removal, and the impact it will have on the operation of the business.

-if there is a parent company, the overall resources of the parent.


owner must

show business engaged in a self assessment and made a deliberate decision not to remove barrier (minimum good faith effort with compliance)
-Owner must investigate alternatives to the barrier removal.

(ex. binder containing casket pictures if wheelchaired individuals cannot get to casket room)


The ADA protects not only disabled individuals but

anyone with a close relationship to the individual.


if deceased has AIDS and funeral home refuses to embalm

funeral home has violated ADA


owners of accommodations cannot impose surcharges for extra costs that may be imposed.

contagious disease surcharges are prohibited by the ADA.


if a public accommodation is found to have violated the ADA, the court may order the business to remove a barrier and fine the business up to

$50,000 for a first offense and $100,000 for subsequent violations. attorney fees may also be awarded to private plaintiff