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Flashcards in C2B-KS25 Deck (22):
1


Americans with Disabilities Act (ADA)






-The Americans with Disabilities Act is a federal law that was enacted by the U.S. Congress in 1990 and signed into law on July 26, 1990 by President George H. W. Bush.

-The ADA is a wide ranging civil rights law that prohibits discrimination based on disability. The Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.

The Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title Ill, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation. — From the ada.gov website

2

Who Publishes the ADA Standards For Accessible Design

The Department of Justice publishes

3

The ADA is enforced by ...

the U.S. Department of Justice;

Through lawsuits and settlement agreements, the Department of Justice has achieved greater access for individuals with disabilities in hundreds of cases.

4

True or False

Under general rules governing lawsuits brought by the Federal government, the Department of Justice may
sue a party even though negotiations to settle the dispute have not taken place.

False

Under general rules governing lawsuits brought by the Federal government, the Department of Justice may not
sue a party unless negotiations to settle the dispute have failed.

5


The ADA consists of 5 Titles. What are they?

Title I — Employment

Title Il — Public Entities and Public Transportation

Title Ill — Public Accommodations and Commercial Facilities

Title IV — Telecommunications

Title V— Miscellaneous provisions

6

Among the five titles that comprise the ADA, which ones are most applicable to design and construction?

Title Il and Title Ill are most applicable to design and construction;

Title Il — Public Entities and Public Transportation

Title Ill — Public Accommodations and Commercial Facilities

7

Title I — Employment

i. This applies to job application procedures, hiring, advancement and discharge of employees, workers' compensation, job training, and other terms, conditions, and privileges of employment.

8

Title Il — Public Entities and Public Transportation

i. This applies to all public entities at the local (school district, municipal, city, county) and state level. These regulations cover access to all programs and services offered by the entities.

ii. This also applies to public transportation.

9

Title Ill — Public Accommodations and Commercial Facilities

Title Ill states that no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.



Title Ill also states that all new construction (construction, modification, or alterations) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG).

10

"Public accommodations" include ...

most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things.

11

True or False.

Existing facilities that have not been modified are obligated to remove architectural barriers to comply with ADAAG.

True

Title Ill includes requirements for existing facilities.
Existing facilities that have not been modified are obligated to remove architectural barriers to comply with ADAAG as long as removing barriers is deemed readily achievable (easily accomplished without much difficulty or expense).

12


Title IV — Telecommunications

i. This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments.

13

Title V— Miscellaneous provisions


i. This section includes technical provisions.

14

Regarding violations of Title I of the ADA, how are ADA complaints are filed?

Complaints about violations of Title I (Employment) should be filed with the Equal Employment Opportunity Commission.


Complaints are usually initiated by individuals contacting the Department of Justice (i.e. the Department of Justice does not typically go around looking for non-compliant conditions).

15

Regarding violations of Title II and III of the ADA, how are ADA complaints are filed?

Complaints about violations of Title Il and Title Ill should be filed with the Department of Justice.

Complaints are usually initiated by individuals contacting the Department of Justice (i.e. the Department of Justice does not typically go around looking for non-compliant conditions).

16

U.S. Access Board

The U.S. Access Board is an independent Federal agency devoted to accessibility for people with disabilities.

The Board is structured to function as a coordinating body among Federal agencies and to directly represent the public, particularly people with disabilities.

The Access Board publishes the ADA Accessibility Guidelines (ADAAG) which serve as the minimum baseline for standards.

17

True or False

There is NO plan check compliance for ADA standards in the State of California


True

but there generally will be on federal projects,

18

True or False

In California, the Building and Safety plan checker is reviewing the drawings for compliance with the accessibility provisions of the California Building Code and ADA,

False

The Building and Safety plan checker is only reviewing the drawings for compliance with the accessibility provisions of the California Building Code,

Chapter IIA or 11B. They do not review for Americans with Disabilities Act (ADA) compliance.


I have had candidates tell me at the LIVE! Seminar that they have had plan checkers instruct them to remove ADA language on the plans because they are not checking plans for ADA compliance.

19

Who is ultimately responsible for compliance with ADA?

Owner is ultimately responsible for compliance with ADA requirements.

For example, the Owner is the person who would be named in a lawsuit. If the Architect failed to adhere to
the ADA standards, the Owner would probably turn around and sue the Architect after the Owner has been sued, but the Owner would be sued by the Department of Justice.

Architects are expected, as licensed professionals, to be knowledgeable of the ADA standards, notify the Owner, and incorporate the standards into the drawings Architects are expected to comply with both the accessibility provisions of the California Building Code and the ADA standards.

20

California Disabled Accessibility Guidebook

— CalDAG
CalDAG is a third party publication (private company)

Cross references California Building Code regulations with ADA standards

Remember, the accessibility provisions of California Building Code not always most stringent

21

After construction is complete, the Owner receives a notice of non-compliance with ADA requirements. During design, the plans were approved for compliance with Chapter 11B CBC and no further comments were made by the Building & Safety plan checker. Who is responsible if the condition raised in the lawsuit is found to violate ADA?


a. The Owner is responsible for ADA compliance

b. The Contractor should have noticed the condition in the field

c. The plan checker should have the plans were correct

d. The Architect is responsible for both ADA & CBC compliance

The Owner is responsible for ADA compliance

Note: In reality, Architects are expected, as licensed professionals, to be knowledgeable of the ADA standards, notify the Owner, and incorporate the standards into the drawings Architects are expected to comply with both the accessibility provisions of the California Building Code and the ADA standards.

22

True or False

2013 CBC has incorporated ADA - that now this is the first time that building officials are checking for both compliance with CBC AND ADA

False

The ADA is not used for plancheck.