Introduction to the Americans with Disabilities Act
2010 ADA Standards ADA Regulations for Accessible Design
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. Moreover, the ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. Given that, the ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.
Federal ADA Regulations & Standards
The ADA statute identifies who is a person with a disability, who has obligations under the ADA, general non-discrimination requirements, and other basic obligations. Secondly, it delegates fleshing out those obligations to federal agencies. The agencies issue regulations and design standards. The regulations have the details on the rights of people with disabilities and responsibilities of employers, state and local governments, transportation providers, businesses and non-profit organizations. The design standards specify how many entrances need to be accessible, how many toilet rooms, and the design for those elements. To know what the ADA requires, you need to read the law, regulations and design standards.
Laws and Standards
Americans with Disabilities Act of 1990 (ADA) http://www.ada.gov/pubs/adastatute08.htm#121812010
2010 Standards for Accessible Design – http://www.ada.gov/2010ADAstandards_index.htm
Access Board ADAAG Guidelines – http://www.access-board.gov/adaag/html/adaag.htm
28 CFR Part 35 Appendix “A” State and Local Government – http://www.ada.gov/reg2.html
28 CFR Part 36 Appendix “A” Public Accommodations and Commercial Facilities – http://www.ada.gov/reg3a.html#Anchor-42424
Architectural Barrier Act of 1968 (ABA) – http://www.access-board.gov/about/laws/aba.htm
Uniform Federal Accessibility Standards – http://www.access-board.gov/ufas/ufas-html/ufas.htm
State of California, Division of State Architect – Access Manual
https://www.dgs.ca.gov/dsa/
Fair Housing Act Design Manual- http://www.huduser.org/portal/publications/destech/fairhousing.html
California Senate Bill 1608 – http://leginfo.ca.gov/pub/07-08/bill/sen/sb_1601-1650/sb_1608_bill_20080928_chaptered.pdf
ADA Compliance
Under the Americans with Disabilities Act (ADA), all public facilities including hotels, motels, and shopping centers constructed after January 29, 1993 must be accessible to and usable by persons with disabilities. Existing facilities must undertake readily achievable barrier removal to comply with the Act.
One of the most sweeping federal laws for civil rights ever passed is the Americans with Disabilities Act of 1990. The ADA ensures that public domains in the United States are safe and accessible to everyone.
To provide a safer environment for visually impaired citizens on public street and sidewalks, the Americans with Disabilities Act Accessibility Guidelines (ADAAG) mandate the use of detectable warnings. These are placed on curbs ramps, hazardous vehicular, areas and transit platforms. By rule, detectable warnings are to consist of raised truncated domes with a diameter of 0.9″, a height of nominal 0.2″ and center to center spacing of nominal 2.35″. All of the alert tile® products meet or exceed ADAAG and state DOT requirements.
Learn more about ADAAG Detectable Warning Guidelines.
Settlements approaching $29 Billion have been paid to cover judgments and settlements over non-compliance with the ADA. Your best defense is to comply with the regulations, and avoid lawsuits.
“The ADA has been around for 15 years. Business and commercial property owners have little excuse for not complying with the requirements. If you go to court, you will most likely lose”
https://www.ada.gov/
GBR PAVING has developed an expertise in all exterior work in a Full Compliance with ADA: Americans with Disabilities Act, ADAAG: Americans with Disabilities Act Accessibility Guidelines, and PROWAC: Public Rights-of-Way Accessibility Committee. GBR PAVING can complete all design work per authorized engineers or architects with approved stamped plans from the local government authority .
Inspections and Services
Many properties are not compliant with The Americans with Disabilities Act (ADA), although they are supposed to be. Evidently, Title III of the ADA states that all “Public Accommodation and Commercial Facilities” must perform barrier removal.
Significantly, nearly 1 in 5 people have some sort of disability and making your property accessible is the law. Therefore, if your property is not compliant, you MAY be a target of a law suit.
It is important to realize that as an owner or tenant, you are entitled to benefits under Senate Bill 1608 in the State of California if you evaluate your property by a Certified Access Specialist (CASp) and set in place a “Transition Plan” for barrier removal.
Business Tax Incentives
The Federal government offers two Federal tax incentives to help cover costs of making accessible improvements to your business for persons with disabilities. Given that, consult with your tax accountant to take advantage of these tax incentives:
U.S. Department of Justice
A business that annually incurs expenses to bring itself into compliance with the ADA may use these tax incentives every year. The incentives may be applied to a variety of expenditures; however they may not be applied to the costs of new construction. All barrier removal must comply with applicable Federal accessibility standards.
Tax Credit
Small businesses with 30 or fewer employees or total revenue of $1 million or less can use the Disable Access Credit (IRS Section 44). Eligible small businesses may take a credit of up to $5,000 (half of eligible expenses up to $10,250, with no credit for the first $250) to offset their costs for access, including barrier removal from their facilities (e.g., widening a doorway, installing a ramp), provision of accessibility services (e.g. sign language interpreters), provisions of printed material in alternate formats (e.g., large-print, audio, Braille), and provision or modification of equipment.
Tax Deduction
Businesses of all sizes may take advantage of this tax deduction. As can be seen Under Publication 535 (IRS Section 190), businesses can take a business expense deduction of up to $15,000 per year for costs of removing barriers in facilities or vehicles.
Tax Incentives in Combination
These two incentives can be used together by eligible businesses if the expenditures qualify under both Sections 44 and 190. If a small business’ expenses exceed $10,250 for the maximum $5,000 tax credit, then the deduction equals the difference between the total spent and the amount of the credit claimed.
The key to a well condition Parking Lot is Preventative or Routine Maintenance with proper ADA Up-grades installation. If you have a project, Contact GBR PAVING to install it properly and safely.
