By Alexander Lee

Since we already covered the principles behind the ADA here: Common violations for ADA Accommodations regarding Parking and Path of Travel, we won’t go over the principles again. You can click to skip ahead: Get me to the ADA Accommodations! Otherwise you can read the copied text below.

ADA Requirements for the Parking

I don’t intend to discuss too much about the specific parking requirements.  That’s pretty cut and dry, either you meet the measurements or you don’t.  People understand that.  The requirements for parkings for the 2010 ADA has changed a little, but there are exceptions to allow for older CA parking which exceeded the original 1990 ADA parking requirements.  I’ll discuss the parking in a later post but in general parking should have:

• 60 inches for the non-van access aisle.  Having 60 inches for the van access aisle is required under 2010 ADA but if you have a 96 inch access aisle, you need to have 108 inches of width for the van space.  If your van access aisle is only 60 inches then your van space width needs to be 132 inches.  You measure the spaces from the center of the line to the center of the other lines.  We have worked for places that have been sued because the contractor measured the parking from outside to outside, shaving off 4 inches from the requirements.  This is part of what’s known as “safe harbor” but you can’t rely on the older measurements.  For more details on the concept of the “safe harbor” see:  Department of Justice: ADA Primer for Small Businesses
• The slope for both the access aisle and the parking space need to be on the same level AND the slopes cannot be greater than 1:48 inches in any direction.  If your parking space slumps, we would recommend that you either consider locating your accessible parking elsewhere, or that you try and level the space.  Van lifts won’t deploy if it detects that the ground is uneven.
• Signs should be clearly visible to drivers who want to park in the space.
• The signs should NOT say “handicapped”  (California, Vehicle Code § 22511).  You should replace your sign if it says this, as a lawsuit costs far more than replacing the sign.
• The van space must be marked as being “van accessible.”
• Sign heights for CA and the ADA are different, but in general the bottom edge of your sign should be above 80 inches when in the path of travel.  Many business owners seem to think this is funny, asking if they can place the sign at 13 feet above grade.  There is no upper limit, but again the sign needs to be visible to on-coming drivers.

Bewarned: This list is not exhaustive.  Also be aware that laws do change.  This list may become inaccurate.  I’ll try to remember to update it, but if you’re reading this list a year from now, be warned that it may be faulty, especially if the California Code of Regulations Title 24 changes (which is the next known update).

ADA Requirements for Path of Travel

The idea behind the path of travel is to provide a zone of safety around the pedestrian.  This zone, with attending requirements needs to go anywhere the public is allowed to go.  There are still ADA requirements for employee only areas (especially as put in by Title 1) but as a rule of thumb, the path of travel only needs to end up to the employee areas, including the door.  Some general path of travel requirements are:

• No slopes greater than 5% without handrails.  Slopes greater than 5% require handrails and are considered ramps.
• Door landings do different in size, but in general, each door landing with its latch-side clearance needs to have a steepness no greater than 1:48 in any direction.
• Accessible paths of travel need to be pointed out with signage
• At least one of each type of good or service must be located on the path of travel so that everyone has access to it.  This means that a bar upstairs doesn’t need to be accessible if there is an identical bar on the first floor (AND if all the amenities are the same.  This means that if a private party rents out the upstairs area, there is potential for a lawsuit).
• The California Building Code requires at least 48 inches of width along external paths of travel with a recommendation of 60 inches.  For existing buildings this can go down to 36 inches for the ADA depending on hardship.
• Objects which protrude into the pedestrian envelope greater than 4 inches for wall mounted objects (12 inches for post mounted) are considered hazards in the path of travel.  A path of travel should be devoid of these objects.  The area of projection is in general, between 27 and 80 inches above the finished floor.  This means that doorways that are lower than 80 inches are considered hazards.  Common protruding objects include fire extinguishers, signs and counters.
• The cross-slope for a path of travel cannot be greater than 1:48 inches.
• Detectable warnings are required under the California Building Code for vehicular hazard areas and transit platforms.  This requirement isn’t included under the ADA 2010 but it is included in the ADAAG 2004 and will probably be reintroduced under the Public Right of Way Access Guide which is supposed to come out soon.
• No change in vertical level greater than 1/2 inch is allowed.  Changes in level between 1/4 and 1/2 inches should be beveled at a 45 degree slope.

Like the list above for parking, this list is not exhaustive and may change as laws and regulations change.  So be warned if you want to use this to assess your site.  Nonetheless, this gives you some idea of what some of the requirements are.

Discussion of ADA Accommodations
Picture #1 and #2: I think for most individuals who are disabled, this photo speaks for itself. For those of you who don’t understand though, the accessible path of travel needs to be a continuous path from the access aisle to the main entrance. This is for the safety of the pedestrian and to alert the driver that this is an area they should be aware of as a pedestrian right of way. The same goes for this second picture which has no access path outline.

A larger issue with this second picture has to do with the location of the access aisles. In this image the aisles are not located on the passenger or driver sides, where disabled individuals actually get in and out of the vehicle. Because maneuvering in and out of a vehicle requires more time and space than normal travel, an access aisle is required by law to prevent vehicles from encroaching onto that space.

Picture #3
This photo is of a parking space that has an access aisle on both the right and left sides. This is in excess of requirements. Nonetheless, there are two obvious barriers in this photo. If you look at the passenger side, this access aisle abuts the driveway. Driveways are not accessible routes. So to provide safe passage to the general path of travel, there is a head aisle at the head of the space. If you look at the head aisle, you can see that the parking bumper has been pushed into the head aisle.

Parking bumpers are required by both the California Building Code and the ADA if parking bumpers keep the vehicle from encroaching onto the path of travel. So this space does require a parking bumper, but at the time of this photo the required bumper has been pushed into the head aisle making it into a barrier. Ideally, according to the Division State Architect (DSA), the parking bumper should sit 18-24 inches from the head aisle to prevent encroachment.

If the driver sought to avoid this barrier, he could attempt to back into the parking space. Backing into the parking space is allowed by the ADA 2010 but not the CBC. However, if the space were to be used in this manner, the support column in the driver side access aisle blocks the usage of that aisle, preventing the passenger side from being able to use the access aisle.

Both barriers effectively block this parking space from being an effective zone of safety to be used by someone with disabilities. If either the support column was elsewhere OR if the parking bumper was properly maintained then this space would be accessible. Maintaining your facility at all times is necessary to ensure proper compliance with the ADA.

Picture #4
In this photo, we have some major issues. The first major issue has to do with the slope. It’s hard to tell in this photo, but the parking space is significantly sloped towards the drainage. Spaces that are sloped this greatly pose a hazard for individuals transitioning out of their vehicle. It’s hard enough to move safely in and out of a vehicle, but to also require that individual to prevent their wheelchair from rolling away while doing it is grounds for a potential lawsuit. Baring re-surfacing this space so as to be level, we must ask — Was this the best possible space?

It’s not, but we can cover how to decide where a space should be in a different entry.

The next two obvious issues has to do with the lack of signage at the head of the parking space and the faded “NO PARKING” in the access aisle. Both of these items alert drivers that this space is not for vehicles to park in. The “NO PARKING” in the access aisle is particularly important as desperate or unaware drivers will sometimes park in the access aisle, effectively blocking the disabled patron from re-entering their vehicle. Not having the proper warning signs opens the store owners and the property managers to a lawsuit because it’s the owner’s responsibility to monitor their spaces and call the police to tow improperly parked vehicles. Having the required signage is necessary to protect the owners should the driver of the towed vehicle claim that they were unaware that they could not park illegally.

Picture #5
This last picture has to do with a path of travel from the access aisle to the main entrance. The subject of this photo has to do with the required extension of the handrail at the bottom of the stairs. Some of the requirements have changed slightly, but the issue with this extension has to do with the fact that it projects into the path of travel and constitutes a hazard for pedestrians. The extensions of the stairway are correct to be returned, but be extended to the ground so as to be caught by a cane-sweep.

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  Let us inspect your site!

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us at help@ytaccess.com.

Signage is one of the “Readily Achievable” statuses under ADA Accommodation. Basically, this means that you should be able to afford to achieve this ADA Accommodation. (For further detail see here: ADA Accommodation Cost.) Signage is also one of the most least understood ADA Accommodations.

ADA Requirements for Signage:

While there are many different requirements for when signs should be placed, here are some general guidelines.

• Signage should be placed when there are multiple paths of travel or when points of destination (such as main entrance) is unclear.  The pedestrian circulation path should coincide with the accessible route.  So directional signage from the accessible parking to the main entrance, or from an assembly area to a restroom are prime candidates for adding signage.  We’ve all had problems locating where the restrooms or where a main entrance is, but that problem can become compounded if you are mobility impaired.
• Directional signage is not required to have Braille.  But signage to permanent rooms and locations should have signage.  Braille should be Grade 2 Braille.   So Braille signage must be present for stairs, elevators and rooms.
• Braille signage must be accompanied by raised lettering.  This means that if it says “Room 32″ then the lettering for “Room 32″ must be raised.
• The Braille for signage must not be located where there is danger.  If someone is reading the braille but the sign is in the door swing, that’s a problem.  Someone reading the sign could be hit by the door.  The ADA 2010 has the added requirements for the placement of the signs to clarify the unclear 1990 requirements.  Placement of the signs include 48-60 inches on center above the finished floor measured from the highest tactile character and centered a minimum of 9 inches from the door swing.  In California, there are requirements for restroom signs to be placed additionally on the door.  These signs must not have Braille on the swing-side of the door.  (ADA Accommodation for Restroom Signs in California)
• The contrasting color requirements for the signs apply not only to the differences between the background of the sign and the lettering of the sign but also between the sign and the wall color.  Blending the sign into the wall does not make for accessible signage.  Likewise, reflective or semi-reflective signs are non-compliant.  We mention that also here:  ADA Accommodations #2:  Restrooms
• There are added requirements for the proportions and spacing of each of the elements in the sign so be sure to check for these specific requirements.  For instance, elevator signage must be a minimumm of 2″ high for the jambs.

Discussion of ADA Accommodations

Sign Picture #1: Visibility

This picture is of a parking sign.  While required at parking spaces, this sign is both too low for the ADA requirements (which want a minimum height of 60 inches for all head parking signs), and this sign is not easily visible, as the plants around it partially cover the sign.  Where plants and signs are concerned, all signage should be easily visible.  This means that it is visible from the general circulation path, either of vehicles (if the sign is for drivers) or for pedestrians (if the sign is for pedestrians).  The ADA has the additional requirement that the parking head signs be visible to on-coming drivers seated on the driver’s seat.  (This means that the sign can’t be too high).

While there is no requirement for the maximum height of signage, the California Building Code (CBC) has the additional requirement that if in the circulation path, the head parking sign must be a minimum of 80 inches high as measured to the bottom of the sign.  So this California code requirement does not apply if the sign is wall mounted.  What this means is that if the parking warning sign (under CBC 1129B.4) is post mounted in the circulation path, it must have the lowest edge at 80 inches high from the path.  If this sign is on the wall, it may be less than the 60 inches required by the ADA, as it is not required by Federal law to be there.

Sign Picture #2 & #3: Latch side Signage and attending clear floor space

The latch side of a door is the side of the door where the handle is.  On that side, there must be a sign to designate that space if it is a permanent room or space.  So for an office, as the offices are numbered, there should be a sign present with raised letters and braille.  That sign must be of contrasting color.  Restrooms also must have a six by six area for a pictogram on this sign with an icon for mens, womens, unisex or family.  There is an additional requirement for clear floor space of 18 inches centered under this latch side sign.

This second picture does not have that latch side sign, it only has the California door sign required by the CBC.  By the looks of the drinking fountain, this door also would not have the clear floor space of 18 inches unless they removed the drinking fountain.

Likewise, this third picture violates the latch side sign height requirement and the floor clearance requirement.  There is a stool in the clear floor space.  The stool could be easily removed, and should be, as it is a barrier.

Additionally, the placement of the latch side sign as being so close to the door creates a hazard as someone who is reading the sign could be hit by the door swing. The 1990 ADA standards were unclear as to how far the sign should be from the door — the verbiage stated that the sign should be placed so that the door swing would be at least 3 inches from someone reading the door. At its current location, this would not be the case. This sign should be re-mounted so as to be a minimum of 9 inches centered from the door.

Sign Picture #4 & #5: Parking Warning Sign Visibility

In California, this sign is required either at the head of each accessible parking space or at every entrance to the parking lot. We had a client recently ask us if it was okay to mix and match. Mixing and matching isn’t addressed by the code but the principle behind this sign should be that a driver should have to encounter this sign on her way to park — and be warned that if she parked in the parking space reserved for the disabled she better have the proper disabled placard.

So placing the sign on a pole that isn’t even remotely close to the parking lot entrance, or placing the sign in such a way that it faces the wrong way defeats the purpose of presenting the sign to drivers. Likewise, in this photo allowing graffiti to be plastered all over the sign, or allowing the graffiti and stickers to persist on the sign makes a business liable for a lawsuit. (This sign must also be filled out with the telephone number to retrieve the car, or the tow-lot/police station to be fully compliant.)

As a stronger statement about signage is that it must be clearly visible. If the sign is damaged, turned the wrong way as in sign #5 (it’s not facing on-coming drivers, as it’s facing away from the street) then that facility is liable for not being in compliance.

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us at help@ytaccess.com.

In the past we had a series called “Access foibles” which featured one image, with an explanation or tip of what was in or out of compliance.

These images did not prove very useful for our readership because you all had to look at each one to find a discussion of what you found relevant.

So I am going to try posting an extended explanation, to make things easier for you.

This article is about ADA compliant parking and the path of travel requirements.  This discussion is NOT meant to be exhaustive.  If it was, I would probably need to write a small novel.

I am going to cover 3 images.

About these ADA Compliance Photos
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For the record, none of these images here resulted directly from any ADA compliance study.  These images were photographed by me, on my cell phone in my journeys across Southern California.  The properties depicted do not belong to anyone I know, and are only discussed on here for educational reference as to their ADA compliance.  I am not going to do anything else with these images, nor do I keep track of where each image originates.

If anything, the glaring ADA violations discussed in this image should impress upon you all how ubiquitous ADA violations are, and how easy it is to find a place that isn’t in compliance.

That being said, there are two major considerations for any kind of ADA compliance:

1. The dimensions of the item in question
2. How that item is located in relation to the path of travel

The first item is particularly difficult to surmise because it’s dependent on what the different studies and committees have decided is both achievable for businesses and most helpful for those who need those dimensions.  The first item is also the easiest to look up because it’s specifically dimensioned.

The second item is a little harder to do because it’s according to certain principles, such as the pedestrian envelope.  The pedestrian envelope isn’t a specific construction — it’s an amalgamation of the different needs of pedestrians, be they semi-mobile, on wheels, completely ambulatory, or slightly ambulatory.  Much like egress and ingress (that the Fire Marshal would use to determine the requirements for exit and entrances, as well as the number of those portals), the pedestrian envelope must always have a certain number of requirements.  What this article is about is how the pedestrian envelope affects actual parking spaces.

ADA Requirements for the Parking

I don’t intend to discuss too much about the specific parking requirements.  That’s pretty cut and dry, either you meet the measurements or you don’t.  People understand that.  The requirements for parkings for the 2010 ADA has changed a little, but there are exceptions to allow for older CA parking which exceeded the original 1990 ADA parking requirements.  I’ll discuss the parking in a later post but in general parking should have:

• 60 inches for the non-van access aisle.  Having 60 inches for the van access aisle is required under 2010 ADA but if you have a 96 inch access aisle, you need to have 108 inches of width for the van space.  If your van access aisle is only 60 inches then your van space width needs to be 132 inches.  You measure the spaces from the center of the line to the center of the other lines.  We have worked for places that have been sued because the contractor measured the parking from outside to outside, shaving off 4 inches from the requirements.  This is part of what’s known as “safe harbor” but you can’t rely on the older measurements.  For more details on the concept of the “safe harbor” see:  Department of Justice: ADA Primer for Small Businesses
• The slope for both the access aisle and the parking space need to be on the same level AND the slopes cannot be greater than 1:48 inches in any direction.  If your parking space slumps, we would recommend that you either consider locating your accessible parking elsewhere, or that you try and level the space.  Van lifts won’t deploy if it detects that the ground is uneven.
• Signs should be clearly visible to drivers who want to park in the space.
• The signs should NOT say “handicapped”  (California, Vehicle Code § 22511).  You should replace your sign if it says this, as a lawsuit costs far more than replacing the sign.
• The van space must be marked as being “van accessible.”
• Sign heights for CA and the ADA are different, but in general the bottom edge of your sign should be above 80 inches when in the path of travel.  Many business owners seem to think this is funny, asking if they can place the sign at 13 feet above grade.  There is no upper limit, but again the sign needs to be visible to on-coming drivers.

Bewarned: This list is not exhaustive.  Also be aware that laws do change.  This list may become inaccurate.  I’ll try to remember to update it, but if you’re reading this list a year from now, be warned that it may be faulty, especially if the California Code of Regulations Title 24 changes (which is the next known update).

ADA Requirements for Path of Travel

The idea behind the path of travel is to provide a zone of safety around the pedestrian.  This zone, with attending requirements needs to go anywhere the public is allowed to go.  There are still ADA requirements for employee only areas (especially as put in by Title 1) but as a rule of thumb, the path of travel only needs to end up to the employee areas, including the door.  Some general path of travel requirements are:

• No slopes greater than 5% without handrails.  Slopes greater than 5% require handrails and are considered ramps.
• Door landings do different in size, but in general, each door landing with its latch-side clearance needs to have a steepness no greater than 1:48 in any direction.
• Accessible paths of travel need to be pointed out with signage
• At least one of each type of good or service must be located on the path of travel so that everyone has access to it.  This means that a bar upstairs doesn’t need to be accessible if there is an identical bar on the first floor (AND if all the amenities are the same.  This means that if a private party rents out the upstairs area, there is potential for a lawsuit).
• The California Building Code requires at least 48 inches of width along external paths of travel with a recommendation of 60 inches.  For existing buildings this can go down to 36 inches for the ADA depending on hardship.
• Objects which protrude into the pedestrian envelope greater than 4 inches for wall mounted objects (12 inches for post mounted) are considered hazards in the path of travel.  A path of travel should be devoid of these objects.  The area of projection is in general, between 27 and 80 inches above the finished floor.  This means that doorways that are lower than 80 inches are considered hazards.  Common protruding objects include fire extinguishers, signs and counters.
• The cross-slope for a path of travel cannot be greater than 1:48 inches.
• Detectable warnings are required under the California Building Code for vehicular hazard areas and transit platforms.  This requirement isn’t included under the ADA 2010 but it is included in the ADAAG 2004 and will probably be reintroduced under the Public Right of Way Access Guide which is supposed to come out soon.
• No change in vertical level greater than 1/2 inch is allowed.  Changes in level between 1/4 and 1/2 inches should be beveled at a 45 degree slope.

Like the list above for parking, this list is not exhaustive and may change as laws and regulations change.  So be warned if you want to use this to assess your site.  Nonetheless, this gives you some idea of what some of the requirements are.

Discussion of ADA Accommodations

Parking Space Picture #1: Security as Barriers

Even, if you have not read ADA Requirements above, you should understand why this image is here.  From every disabled parking space there should be an access aisle.  This access aisle must connect to the accessible path of travel.  Failure to do so results in what is known as an inaccessible parking space.

How must this parking space connect?  Firstly, individuals with disabilities tend to travel slower than individuals who do not have disabilities.  One could be in a wheelchair, or they could use a walker, or cane, or be legally blind.  Preferably, paths of travel should not cross vehicular traffic.  But when they inevitably do, areas that are shared by driver and pedestrian must be blue striped and hatched like in the photo.  These areas are known as crosswalks.

Crosswalks are an integral part of the accessible path of travel.For this purpose, the blue striping helps alert both drivers and pedestrians that this is an area reserved for those who walk.

Individuals who are legally blind may not be able to see very well.  They may be able to see the blue striping if it contrasts with the pavement but they definitely cannot see other drivers’ faces.  This means that they cannot tell if a driver sees them or not.  Legally blind individuals look like everyone else.  Drivers may assume that such a person sees them and will stop walking.

Blocking this crosswalk with a fence presents a problem, because now the disabled individual doesn’t know where to go.  They may not see the fence until they walk into it.  Many of you might also notice that this fence is movable.  Besides the fact that I took this photo during business hours (the business expects people to enter and exit through a different driveway) and the fence is closed…

There is however, a second problem with this photo.

If you look at the bottom of the fence, there is a guide rail for the wheel.  This guide rail is larger than 1/2 inches and presents a barrier for individuals who shuffle their feet (or their walker) or individuals in a manual wheelchair.  Many of us who are also not disabled have tripped on such barriers.

The second image presents more parking and path of travel issues.

Parking Space Picture #2: Amenities as Barriers

This picture should be  pretty self explanatory.  Here we have an access aisle that is supposed to use the break in the fence as a way of transition onto the general pedestrian path.

But there’s a trash can in the way.  The trash can is not mounted, but it is made of concrete so as to be heavy (so it won’t get stolen).  This means it cannot be moved easily.

Nonetheless, the parking site is small, and this franchisee decided to put the trash can here for the convenience of  their patrons. Whoever decided to put the trash can there doesn’t understand that this presents three problems.

The first issue stems from a reduction in the path of travel.  There isn’t enough space now for the pedestrian to maneuver with their mobility devices around the trash can.  (The access aisle is also rather narrow, being in-compliant, but that’s not easily visible in the photo unless you have experience measuring such a space).  The presence of this barrier prompts the franchisee patron to travel around the back of their vehicle into the drive-thru, presenting a possible opportunity for an accident.  You can imagine the lawsuit which would ensue if that happened!

The second issue stems from a barrier in the access aisle for the van chair lift.  A van chair lift won’t deploy if there’s an object in the way.  Again, the disabled individual is trapped and needs to move their vehicle or park somewhere else.

The third issue is simply that such a trash can would block the passenger side door of anyone trying to exit the vehicle.  Disabled individuals can drive, but sometimes they do not.  Someone who is mobility impaired has enough problems getting in and out of their vehicle.  To ask them to squeeze out of their space presents an added barrier which may be insurmountable.  If such a patron tried to squeeze out of their vehicle, they might fall and hurt themself.  You can imagine the problems here that could result from that situation.

You can bet that this franchisee will probably say Why do we need to comply?  No one who is disabled ever comes in this store! Well, now you know why no one who is disabled goes to their store.  Such potential clients probably saw this trash can and decided it wasn’t worth the hassle.

And after everything is said and done, why make things harder for your customers to give you money?

Parking Space Picture #3: Curb Ramps

The first two images dealt with issues that a building inspector may not realize as in both situations, it’s possible the owner decided to place those barriers there, unwittingly violating the ADA.  This image is a little different because it requires professional assistance to be implemented.

If the pictured construction looks sharp, it’s because this is brand new, as of 2011.  For those of you who know the construction and design process, it’s more than likely that this construction had to be given a thumbs up from the plan check counter.  Even still, this is a clear case where not only the ADA is violated but also the local building ordinance failed to provide guidance and protection to both future patrons and the building owners.

For those of you curious the violated requirements in question are quoted below:

Built-up curb ramps shall be located so they do not project into vehicular traffic lanes. (1127B.5(1))

Besides the common sense understand that access aisles should not connect to a curb without a curb ramp, there’s also a requirement that curb ramps need to be present where there are curbs.  And curbs there are!

Pedestrian ways which are accessible to persons with disabilities shall be provided from each such parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any accessible parking space or the adjacent access aisle. (1129B.3(3), my own emphasis.)

Now if this was not enough, there’s also a requirement for the access aisle slope to be less than what a curb ramp needs in order to be functional.  The presence of any curb ramp in the access aisle would violate this requirement.  For your reference, curb ramps are any sloping surface which transverses a curb.  Curb ramps can slope up to a maximum of 8.33%.  8.33% is 1:12 meaning that for each vertical inch, a curb needs to have a horizontal length of one foot.  In California, curbs are steeper than in most other states.  Usually curbs are six inches (or more) high.

Surface slopes of accessible parking spaces and access aisles shall be the minimum possible and shall not exceed one unit vertical in 50 units horizontal (2-percent slope) in any direction. (1129B.3(4))

I didn’t measure these curbs but obviously, 2% < 8.33%.

Now understand that these three violations are just the California Building Code!  The ADA has matching Accessibility Guidelines also similarly violated.  If anything, in order to be compliant, instead of built-up curb ramps that project into the access aisle there should have been curb cuts installed.  A curb cut would have also used less concrete as the head walk could have been lowered to street level.

Insofar as how this affects people with disabilities, a curb ramp in the access aisle presents an uneven surface such that a van chair lift will not deploy.  Wheelchairs that have to be placed on an uneven surface also have a tendency to roll.  Grandma has enough problems walking for short distances, for her to have to deploy the chair and sit on it is hard enough without also having to chase after the chair.

The access aisle closest to the camera may be wide enough for wheelchair deployment.  But to place a curb ramp alongside it in this manner creates a side flare which becomes a potentially insurmountable barrier.  Transitioning onto steep surfaces tips wheelchairs, making it unsafe.  For someone in a wheelchair to use this ramp, they would have to go into the vehicular right of way to enter it.

The large curb ramp also invites delivery trucks to park in front, blocking the disabled spaces.  The ADA also requires that pedestrian curb ramps not be used as loading ramps.

What’s the solution if you are this building owner?  Well, relocating the access parking might be an option, or extending the cross walk so the curb ramp could be utilized.  This really depends on the rest of the site configuration, however.

Well, that’s it for now!

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us at help@ytaccess.com.

Starting the new year (2011) on the right foot is a great way to help set the tone for the new year.

So we at YTA have decided that the best way to do that is to help all you out there notice a few of the conflicts between State and Federal Law. The state in question, of course, is California.

Between the updated 2010 Federal requirements of disabled access under the ADA for all businesses serving the public and the updated 2010 California Building Code (CBC) there are a variety of common conflicts business owners should be aware of.  Some of the common conflicts include:

1. While the CBC never allows a maximum slope of over 8.33% (1:12) the ADA has allowances for steeper slopes if the slope rises less than 3 inches the maximum slope is 12.5% (1:8).  If the rise is 6 inches the maximum slope lowers to 10% (1:10).
2. Ramps runs under the CBC can only rise to a maximum of 30 inches per run but as the length of the ramp run increases, the maximum slope decreases.  E.g., a ramp run that is 465 inches long cannot have a slope greater than 6.67% (1:15).
3. The ADA always requires a clear floor space of 18 inches square directly under each door sign whereas the CBC only requires clear floor space based on the latch side clearances for each door.
4. The CBC requires that employee parking include parking spaces reserved for the disabled.  For the CBC, the total ratio of disabled parking spaces must include employee spaces.  The Advisory for the ADA states that employee parking lots are not required to be included in the required ratio of disabled parking.
5. The ADA allows the door closer to swing into the head clearance down to 78 inches.  The CBC does not allow the door closer to drop less than 80 inches.
6. While both the ADA and the CBC now have requirements for a maximum mirror height of 35 inches for mirrors not over sinks in restrooms, the ADA advisory states that the top edge of stand alone mirrors should be no less than 74 inches above the finished floor.
7. The CBC requires that disabled parking spaces reserved for vans should always have the access aisle on the passenger side (when the van is pulling forward).  The ADA allows the access aisle to be on either side of the space except when the parking space is angled.  Angled van parking spaces are required to have the access aisle on the passenger side.
8. Parking space signs for the CBC must be at least 80 inches above the parking grade when in the path of travel.  ADA parking signs must always be at least 60 inches above the parking grade.
9. For the ADA, grab bars in restrooms can be anywhere from 33 to 36 inches measured to the top above the finish floor.  In the CBC must be exactly 33 inches on center above the finished floor, unless you are using a tank toilet and the rear bar interferes with the tank’s lid.  If that’s the case then the CBC allows the rear bar to be anywhere from 33 to 36 inches on center.

These are just some of the conflicts between the CBC and the ADA.  Negotiating these code requirements requires intimate knowledge about both the INTENT of the law and the explicit details surrounding the requirements.  Hiring an experienced Access Consultant is a must!  Should you have any questions, please email Yours Truly Accessibility Corporation at  help@ytaccess.com or call us 866-982-3212 x 1.

http://picasaweb.google.com/MammonLord/YTA#5520303284634959298

You see this sort of thing all the time. It’s pretty common for delivery trucks to park in access isles, too. If someone were to come along that needs this access aisle, this store could get a lawsuit. Never allow anything to block your access aisle, because it’s your butt on the line even if it’s not your fault.

You can always look up our pricing as well as the official sites with ADA info.

Or, for more specific questions call us at 866 982 3212×2 or email us at help@ytaccess.com

Is your Business ADA Compliant? Learn about the legal liability your business has if it is not ADA Compliant. Don’t get slapped with a lawsuit over something you could have prevented!

Hosted at Four Points Sheraton (5990 Green Valley Circle in Culver City, CA) on Oct 6 @ 730am.

Click on the link below to pre-register for the event!

Culver City ADA Seminar

If you own a business, chances are it’s not 100% compliant. The only businesses which are guaranteed to be compliant are home delivery. Even then, if you accept visitors from the public in your lobby, family members of employees or event delivery personnel (who have to sign in at a counter) then you are technically open to the public.

If you think you are accessible, here’s a few items for your check list.

1. Floor Mats which are secure and do not pose a tripping hazard (glued or taped down)
2. Van Accessible Parking with an access aisle that is at least 96 inches wide.
3. A 6×6 inch ISA decal on or about your front door
4. Signage on the wall next to your restroom centered at 60 inches with raised letter, contrasting letters and grade 2 braille.
5. No door knobs anywhere. No twist hardware for the lock, for the latch or for faucets.
6. All restroom amenities are less than 40 inches from the finished floor. This means the point of operation!

If you’ve passed all 6 of these, then congrads, you’ve passed 6 of the 1300 unique checks that are part of doing an ADA Audit.

This is the second video in a series of videos which give access tips. In this video we speak of more specific parking details. It builds on the last video which is about how to decide where to place accessible parking in the first place. Don’t let your business get caught with these liability issues. Access helps everyone!

Stay tuned for more!

For those of you who can’t see embedded videos, here is a short link: Parking Video #2

If getting an inspection could have helped warn the business. Regular inspections are a necessary part of running a business. About 20 years ago there were no house appraisals. Only a few people did them. Most did not want a house appraisal before they bought the house. Now it’s a regular part of the process of buying or refinancing a house. The same was true for various other inspections as well. Eventually ADA inspections will be part of that process.

There are thousands of these lawsuits. As the word passes more and more individuals might be tempted to test the waters with these suits. Having an ADA appraisal done of your site costs a fraction of a what a lawsuit would cost. A good example would be from one of our clients who informed us that after taxes he made only about 28k a year. The aftermath of the lawsuit cost him 15k — which included the cost of settling, paying for an architect and an attorney. An ADA appraisal would have cost him less than a thousand and prevented attracting a professional litigant.

This is the first video in a series of videos which give access tips. Stay tuned for more!

Below is a short quiz (geared for California Access Requirements) that you can take to assess your site’s general accessibility. Be aware that access is determined by far more complicated features.