From the Chicago Tribute
[http://www.chicagotribune.com/news/local/ct-x-c-ada-fear-haunts-20111102,0,4280545.story]

The website for Fear City features elements commonly used to advertise haunted houses — ghoulish photos, spatters of blood, a video featuring a disemboweled corpse and a woman being dragged down a dank hall by a pair of maniacs.

But one element on fearcitychicago.com stands out: A rotating banner boasts that Fear City is ADA accessible, meaning that the facility follows the standards established by the Americans with Disabilities Act.

In other words, Fear City welcomes guests with physical disabilities, just as long as they’ve got strong stomachs. The Morton Grove facility is one of a number of haunted places in the Chicago area that were made accessible to visitors with disabilities.

You can read the full story here: [http://www.chicagotribune.com/news/local/ct-x-c-ada-fear-haunts-20111102,0,4280545.story]

Questions? Comments? help@ytaccess.com or 866 982 3212

Interesting and helpful article on website accessibility.

Researchers have just come up with a way to turn an iPad into a Braille keyboard–but until this kind of technology is on the market, it’s up to business owners to make sure that their websites meet the needs of clients with special needs.

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According to accessibility guidelines from the U.S. government, 8 percent of Americans have a disability that affects how they can access and use websites. Among the conditions in this group, four percent are vision-related, two percent are movement-related, one percent hearing-related, and less than one percent relatedto learning disabilities. This means that accessibility may have more of an effect on Web sales than you may have previously thought. But what can you do to improve website accessibility for these customers?

An accessible website will also be friendly to seniors–and small businesses will need increasingly to cater to them. By 2018, almost 24 percent of the population will be over 55.

There are simple measures you can take that won’t require a lot of time, and that your clients will appreciate. To dig into it more, here’s a list of reliable accessibility resources.

Make Hyperlinks at Least Three Words Long

Users with motion disabilities may have a hard time clicking on one-letter or one-word hyperlinks. I try to make all of my hyperlinks three to four words long to make them accessible, after being told do so for this very reason for a client project earlier this year.

Make All Necessary Forms Fillable
If you have a form online, such as a PDF, you should transform it into a format where a user can either fill it out and email it or, ideally, fill it out and submit it online. Many of the PDF forms available online are static and can’t be filled out, which frustrates all Web users. It makes your organization look lazy and disinterested in business.

Use Words, Not Color to Communicate

If you use color to communicate, you’re losing 8 percent of your male audience, according toaccessibility guidelines from Usability.gov. While its creators say it isn’t perfect, Visicheck is a free tool that shows your website looks to color blind users.

Images and other elements on a site need to have their alternate tags (“alt” tags in HTML) filled in so that tools such as screen readers can describe the image or element to the visually impaired. This also can marginally help with your search engine optimization.

If you Must use Flash, Make It Accessible

I’m not a big fan of using Flash for websites, since it eviscerates search engine results unless you do workarounds, like create static HTML pages for search engines to go with the pretty Flash version. Accessibility requires an equal amount of craziness when dealing with a Flash website, but if you are completely married to Flash, you can learn how to make it accessible here.

Another great reason to start considering accessibility is that new regulations are coming that may cover your business. The tips above are a start, but keep going with your accessibility intiative by visiting more of these resources.

More Resources

Usability.gov
This government website has put accessibility best practices in a downloadable PDF, as well as other usability standards that can improve your site’s overall user experience.

Webaim.org
This is an initiative of the Center for Persons With Disabilities and Utah State University, with clear and concise accessibility information.

Section 508
For the U.S. government’s online guide to Web accessibility, the title refers to Section 508 of the Rehabilitation Act, which states that all government websites must meet its accessibility standards.

Microsoft
Microsoft’s accessibility center helps you understand the accessibility features in Microsoft products, and outlines general best practices.

Dragon Naturally Speaking
Dragon’s dictation software has come a long way since it was first introduced. Users with limited mobility will find it indispensible on the desktop–and there are companion apps for tablets and smartphones.

link: [Make your small business website accessible]

The Burbank Association of Realtors is hosting a expo for multi-family dwelling owners and managers.

We are presenting a talk on how accessibility impacts such sites.

The date is on the 19th of October at 5pm at 2006 West Magnolia Boulevard, Burbank, CA 91506-1730.

If you have any questions don’t hesitate to contact us at 866 982 3212 or email us at help@ytaccess.com

Reposted from this website: [Facilities.net]

Good advice for facilities management on general awareness of how of the ADA affects you.

What are the most common Americans with Disabilities Act (ADA) violations, why are they so common and what should facility managers do to avoid being in violation?

The most common violations are found at every juncture of a facility.

Built Environment: It ranges from curb ramps and ramps that are too steep, the lack of marked parking with a marked access aisle and signage (ground markings don’t count, since they can’t be seen at night or when snow-covered.)

Restrooms: The most common violations are toilets not mounted the correct distance from wall or partition (a.k.a. water closet centerline), flush valve for the toilet is on the wrong side; if it isn’t on the wide side, you have to reach over the toilet to flush it.

Operations: Most common violations that are operational in nature, meaning they were not designed and/or constructed that way, include:
-Housekeeping/maintenance staff placing a garbage can next to the restroom’s exit door. Clear space next to door (a.k.a. maneuvering clearances) is intended to give someone in a wheelchair the space to approach the door, reach the door handle and open the door. You can’t do that if the garbage can is there! Another is placing garbage cans/ash urns directly in front of the “call buttons” at an elevator, again impacting the ability of someone in a wheelchair or using a walker to reach the buttons.
- Retail establishments placing merchandise, information racks, etc. in the aisles, which reduces path of travel.
- Mounting objects to the wall (a.k.a. circulation route) that project 4 inches or more from the wall. If they are 27 inches to 80 inches from the floor, someone with a visual disability will miss the item on a “cane sweep” and walk right into the object and get hurt!

These are but a few. The structural/design violations are either a result of not following, understanding or paying attention to the ADA Standards as a federal law and relying solely on building code and code officials. Building codes can be negotiated; civil rights cannot. Good design documents can still be constructed incorrectly. Sometimes it’s that the workmen have been doing it that way for x years, they don’t pay attention, or they simply don’t stop to think of someone using it.

The operational violations, although not permanent/fixed items covered under the ADA Standards, create barriers nonetheless. Try explaining to someone who is trapped in a rest room because the garbage can is placed in their way that it really isn’t covered under the Standards — that won’t work!

We would top off this article with the observation that the technicality of these laws requires hiring someone who can best anticipate and catch these violations. You wouldn’t try and read and follow employment law by yourself, would you?

Questions? email us at help@ytaccess.com or call us at 866 982 3212.

This is taken from [Facilities.net].

This article covers some common tips on how ADA violations can result from housekeeping. Many businesses believe that ADA violations are generally structural issues, but some general understanding can help businesses avoid ‘no brainer’ violations that fall out of the purview of architects and other design and construction professionals.

I’m Dan Hounsell, editor of Maintenance Solutions magazine. Today’s topic is, common ADA violations.

Twenty years after the enactment of the Americans with Disabilities Act, or ADA, institutional and commercial facilities continue to struggle in their efforts to comply with ADA’s accessibility guidelines. Here is a look at the more common ADA violations still found in facilities.

In the built environment, violations range from curb ramps and ramps that are too steep, to a lack of parking with a marked access aisle and signage. Ground markings are not effective because they are not visible at night or when covered with snow.

In restrooms, the most common violations involve toilets not mounted the correct distance from walls or partitions, and toilet flush valves on the wrong side. If the flush valve is on the wide side, users must reach over the toilet to flush.

In facility operations, the most common violations include these:
• Housekeeping workers placing a garbage can next to the restroom exit door. Clear space next to door gives a person using a wheelchair enough space to approach the door, reach the door handle and open the door.
• Placing garbage cans directly in front of call buttons for elevators, again impeding the progress of someone in a wheelchair or using a walker to reach the buttons.
• Mounting objects on walls that project 4 inches or more from the wall. If the objects are 27-80 inches from the floor, someone with a visual disability will miss the item on a cane sweep and walk right into the object.

The structural and design violations result from not following, understanding or paying attention to the ADA guideline and relying solely on building code and code officials. The operational violations, although not permanent or fixed items covered under the ADA guidelines, still create barriers.

In short, ADA violations run the gambit from very expensive items that are inherent in the building to purely positional things, like furniture or trash cans.

This is hard for people who have never been disabled to understand, so I am glad that others are catching on. Still, if you have a housekeeping or janitorial service, you ought to instruct them so as to avoid these common issues.

This also applies to construction — temporary paths of travel are required to be compliant under the ADA, something most contractors don’t understand… and something that falls beyond the purview of what most building departments would ever think to even look at.

Questions? email us at help@ytaccess.com or call at 866 982 3212

If you were disabled, you’d probably have to rely on public transit unless you wanted to drop a few thousand (at least) to make your vehicle usable.

Lack of reliable accessible public transportation leads to further challenges for disabled individuals to keep steady employment.

Reposted from [Washington Post].

The accessibility issues of Washington Metropolitan Area Transit Authority (WMATA) services outlined in the Aug. 7 Metro article “Ride, interrupted” are not only violations of federal law and a point of frustration for people with disabilities but also a contributor to the extremely low employment rate for people with disabilities.

Seventy percent of people with disabilities are unemployed or underemployed. As a result of a class-action lawsuit on behalf of more than 20,000 people, we have heard from many MetroAccess and Metrorail users who fear disciplinary action or loss of their jobs because of MetroAccess’s unreliable service.

One user believes that the lack of reliable, accessible transportation harms the potential for professional advancement. “Being late to work hinders promotion potential; if my supervisor can’t rely on me to be there when I am needed, I cannot get promoted to the next level,” she said.

Employment is a key factor in the ability of any individual, including a person with a disability, to live independently and contribute to the community. By denying people with disabilities the right to access basic public transportation, WMATA is denying these individuals the right to fully realize their professional potential.

Kat Taylor, Washington

Understanding the frustration disabled citizens have goes a long way in understanding the root that generates disability suits.

Why make things doubly difficult by being incompliant?

Questions? email us at help@ytaccess.com or call us at 866 982 3212.

Much of the information we put out here is to emphasize that many of the ADA violations are addressed easily. Some are not.

This article is taken from [Facilities.net.

I’m Dan Hounsell, editor of Maintenance Solutions magazine. Today’s topic is, facility renovations and ADA.

Maintenance and engineering managers undertaking renovations in institutional and commercial facilities need to be aware of the impact on the project of requirements under the Americans with Disabilities Act, or ADA.

The requirements for readily achievable barrier removal under ADA began Jan. 26, 1992, and have continued since then. Organizations must remove barriers, with a few exceptions, regardless of any work being done.

Anytime a facility undergoes renovations where access barriers exist, the organization must spend 20 percent of the construction costs on removing these barriers from the path of travel. For ADA purposes, the path of travel includes water fountains and restrooms. Any renovation to a primary function area triggers this requirement. The phrase primary function area applies to an area where the activities are germane to the business, such as a bank�s teller stations.

As with the model building code — The International Building Code and the American National Standards Institute — ADA does not require barrier removal on the path of travel that exceeds 20 percent of the cost of the renovation. The major difference in this regard between ADA requirements and building codes is that the ADA requires barrier removal in existing buildings, regardless of renovations. Building codes do not come into play until renovations, alterations or new construction occurs.

Managers can find more specific information in the 1991 ADA Standards for Accessible Design, Sec.36.403 Alterations: Path of travel. ADA guidelines typically supersede a state or local building code, unless the code provides for greater or equal protection of individuals with disabilities.

I would also like to add that it’s not commonly understood that new construction can trigger the ADA. One fear of owners is that when attempting to ‘do the right thing’ one can sometimes be dragged by construction law into doing more than the minimum, especially in how the ADA influences the building code. (Many code officials we’ve spoke with don’t realize that the ADA trigger is there).

Now you’ll also get many savvy attorneys and architects that will claim that ‘legally non-conforming’ situations do not require any kind of addressing. They rightly understand that not touching existing items won’t trigger ADA compliance — but this leads to even deeper problems.

At first, their advice sounds great, as owners don’t want to hear that they need to do anything. But what these professionals don’t understand that if those ‘legally non-conforming’ structures pose fixable ADA violations, leaving those situations to persist will continually trigger even more ADA work. As time goes on, those non-compliant situations will accrue an increase in what needs to be remedied.

In other words, if you have a non-compliant ramp in your facility newly placed in 2003, and you don’t fix it right away, in 2010, not only will you be required to fix that ramp — you will also have 7 years of budget in which you could have fixed the ramp and didn’t. In court, a suing attorney will claim that what was financially remediable in 2 years is ‘easy’ over a 7 year period. That situation will look bad, as though you never intended to fix that ramp and that you are willfully discriminating.

We have heard this so often, as many owners have come to us having fallen into this situation, when they have the panic of court bearing down on them. Don’t let yourself fall into this situation! Get our exposure report so as to make informed decisions on what you are liable for so you can address it right away.

Questions? email us at help@ytaccess.com or call us at 866 982 3212.

This is a repost from [www.facililities.net].

I’m Dan Hounsell, editor of Maintenance Solutions magazine. Today’s topic is, responding to an ADA notification.

If an institutional or commercial facility receives notification of a violation under the Americans with Disabilities Act (ADA), that means either a complaint has been filed in federal court or, the U.S. Department of Justice has received a complaint or is investigating the facility.

The best reaction is to read or listen to what the notification says, particularly if it came from the DOJ. If a facility receives a complaint filed in court, read the allegations as just that — allegations. An individual with a disability might make allegations that are not actually violations under the ADA.

Managers also need to evaluate the facility before responding or agreeing to a settlement in order to understand the facility’s status regarding ADA requirements. Do not jump into a settlement with the individual or group by agreeing to remedy only the items they identified because they probably have not identified all issues. In that scenario, the next complaint filed with items other than those the facility agreed to correct becomes a new complaint.

Review the entire facility, put a plan together, and start the corrections so that when the next complaint or question arises, an answer and a plan are ready and available.

This site is addressing ADA complaints throughout the United States, especially for larger facilities, which isn’t as applicable for California as California law changes the impetus for lawsuits a little differently.

In any case, the basic idea is to verify the complaint, which we can do. Ideally though, one would be compliant in the first place so as to avoid the lawsuit.

What this article misses is that when one is sued under California law, it’s generally too late to fix the items, Federal law is different. So be sure and get inspected and fix any issues right away.

Questions? email us at help@ytaccess.com or call us at 866 982 3212

CASp, the Certified Access Specialist Program offers a variety of benefits to businesses that get a CASp certification.  The advantages can be further gleamed from the California Chamber of Commerce website [link: Advantages of CASp for businesses].  The main advantages of CASp certification are many (including a 90 day stay and a limit of $4k per effected violation per visit).  Yet because CASp is California law and the ADA is Federal law, many business owners we’ve talked with are concerned about the effectiveness of SB1608. Business owners concerned about Federal Court sGuits often ask:

“Is CASp worth getting?”

A recent court case provides a real life example of this issue.  A business which had CASp certification was sued in Federal Court.  Now, Federal judges do not have to honor the California law, for instance, they do not have to  grant the 90 day stay.  This judge chose not to.

So, is CASp worth it?

Keep in mind that the differences between Federal and State court for ADA lawsuits are many.  We can’t go over these things exhaustively but we will outline the general principles at this current time.  Keep in mind that your case is unique and if you are under a lawsuit you must consult an attorney, don’t rely on this post for advice — this article is covering a topic.  We are not giving legal advice.

If you are sued in Federal Court, you have the possibility of fixing the issue in question in order to make the lawsuit go away.  Also, if you offer to settle and the plaintiff attorney refuses the settlement and you fix the issue, you may not have to pay for their attorneys fees (the judge may waive those damages).

In California Court, you fixing the issue in question doesn’t make the issue go away.  Violations valid at the time of the encounter remain violations for which damages under the Unruh Act automatically entitle the plaintiff party $4k.  Furthermore, the Unruh Act also specifies that attorneys fees will be paid.

So while CASp can’t provide coverage into areas of Federal law, it does provide some stronger incentives for plaintiffs to sue a CASp business under Federal Court.  If the plaintiff takes you to California court, CASp goes into effect, and you can go straight to arbitration.  However, they take you to Federal Court, you may still get arbitration… if you don’t, your fighting chances are better — you can STILL fix the issue in question and win the suit that way… an option we are told, is not available in California Court.

So overall, in answering the question above, the answer is:

YES!

Without CASp, a savvy plaintiff will take you to California Court, in which you will pay the same $4k plus attorney’s fees (potentially tens of thousands of dollars). With CASp you either pay $4k at most, or you can go to Federal court and have a chance at making the issue go away. Get CASp now to cover yourself!

Any questions or concerns?  Call us at 866 982 3212 or email us at help@ytaccess.com.

I used to work largely doing web development. I didn’t design the look of websites, I built them — from the ground up. I made sure the technical back end worked properly.  In fact I still do it, but mostly for YTA.

What’s interesting about working with programmers and other free lance technicians much holds true for many architects and contractors. While construction and design is different from web development, there’s a similar mentality as both are a kind of engineering.

Sometimes your independent contractor will get a request from a prospective client to do something new. They would know enough that this particular thing could be done — but not know how. Nonetheless they would lie and bullshit and agree to do everything. The general mentality is to go home and spend the next 72 hours agonizing over a book trying to learn how to do what it is you’ve requested of them. The funny part about this is that often these free lance consultants would charge you a ton of money and quote you a huge amount of time. So not only do they want to have time to get it right, they also want to charge you for making them learn something new.

With this in mind I would like to introduce to you the California Division of State Architect‘s access compliance manual.

While this manual consists of largely technical information, such as occupancy type, and a re-printing of what is otherwise in the California Building Code, it does include some helpful dimensions on many of the specific measurements we perform. The application of those measurements and their types may be a little confusing.

This code reference, however, isn’t completely up to date. Included in the checklist is a regulatory list of applicable dimensions and requirements. It’s up to the consultant to decide if they apply. The issue with this checklist though, is that it doesn’t include the latest ADA 2010 — only the older ADA of 1992.

Most likely, a construction or design expert wouldn’t turn to the DSA, as the DSA is a state entity. The issue for accessibility in CA revolves around they would probably buy a access manual combo, such as CAARM or CalDag. I don’t know of a more recent CAARM, but if you look at the description, it’s applicable for the building code of 2001. For CalDag, the building code it references is the building code of 2008, not the latest California Code of 2010.

If this construction expert was savvy enough to recognize this outdated code, he would have to then cross-reference this book with the California building code, something he would have to do for the ADA 2010.

To complicate things further, if your building had not been altered since say, 2002, then the building code of 2001 may actually apply — but the ADA 2010 also applies, meaning he would have to cross-reference texts anyway.

In either case, before you hire anyone for your ADA needs, if you have the time, I would urge you to look at the Division State Architect’s Access Manual and get a taste for the complexity involved.

All of this cross-referencing and page flipping means more billable hours to you. Not only that, but why not hire someone who is already familiar with these different codes and regulations? The problem isn’t in using reference materials — no one can remember every number exactly, and the codes are always changing.  The problem is the general familiarity of the application.  How can someone catch all the nuances if they don’t know the basic applicability?

In this case, hiring someone who is new to this field will not only cost you more in money, but also in liability.  If they miss something or interpret something incorrectly, it’s your lawsuit.  Why not go with someone who is familiar with the risk?

Any questions or concerns?  Call us at 866 982 3212 or email us at help@ytaccess.com.