Ada Compliance On The Forecourt
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©2017 The McIntosh Group, LLC
Brad Gaskins, AIA, CASp, NCARB
• Managing Principal and COO of The
McIntosh Group
• 30 + years experience
• Licensed in 15 states
• CASp Certified
• ICC Certified Accessibility Inspector
• ANSI A117.1 Consensus Committee
on Accessible and Usable Buildings
and Facilities
• Total ADA Geek
• No really
• Find me at @ADAGeek
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Before we get started…..
What the lawyers make us say!
This presentation is designed to provide accurate and authoritative information on the
Americans with Disabilities Act. It is provided with the understanding that the presenter is not
an attorney, does not play one on TV, did not sleep in a Holiday Inn Express last night and is
not engaged in rendering legal opinions or other professional services. The information
presented is the professional opinion of the author and there is no assurance that any opinion
contained in this presentation is true, correct or precise nor applicable to the viewers particular
situation. The ADA is subject to interpretation of the courts and the DOJ and continues to
evolve over time - sometimes quite quickly. If legal advice or other expert professional
assistance (including psychological assistance after listening to this subject matter) is
required, the services of competent professionals should be sought.
Brad is an Architect in OK, TX, CA, AZ, NV, HI, AK, FL, NY, NC, CO, OH, PA, AL, KY when the
title of Architect is used in this presentation.
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ADA Timeline…..
January 26, 1990 July 23, 2004
The 2004 ADA/ABA
The Americans with
Accessibility Guidleines are
Disabilities Act was signed into
published by the United States
law by George H. W. Bush.
Access Board.
January 26, 1992 March 15, 2012
The Americans with New “public accomodations”
Disabilities Act becomes permitted on or after this date
effective. must comply with the 2010
Standards.
1991 ADA Standards
1990 1991 1992 1993 …2004 …2010 2011 2012 …2017
2010 ADA Standards
September 15, 2010
The 2010 ADA Standards are
published in the Federal
Register.
January 26, 1993 January 31, 2013
New “public accomodations” Existing pools and spas must
designed and constructed for comply with the 2010 ADA
first occupancy after this date Standards.
must be accessible.
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What is the most important thing to
know about the ADA?
It’s a Civil Rights Law
NOT a Building Code
“No individual shall be discriminated against on the basis of
disability in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of any
place of public accommodation…”
The courts—not legislators or building code officials—
have emerged as the true authors.
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Isn’t my building Grandfathered?
NO!
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Existing building obligations
§36.304 Removal of Barriers
A public accommodation SHALL REMOVE architectural barriers IN EXISTING FACILITIES, including communication
barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and
able to be carried out without much difficulty or expense.
A business must remove barriers, to the extent that it is . If is not readily achievable to
IMMEDIATELY remove a barrier, then the business must remove barriers to the extent that it is readily
achievable to do so. It is important to note that the barrier removal obligation is a CONTINUING one, and it is
expected that a business will take steps to improve accessibility OVER TIME.
The Department of Justice encourages businesses to assess what needs to be done and then to have in place
plans, procedures, and policies to guide implementation. ENFORCEMENT DOES NOT INSIST ON COMPLETE AND
IMMEDIATE COMPLIANCE REGARDLESS OF COST. On the other hand doing nothing or taking half-hearted,
slipshod measures are an invitation to lawsuits and substantial penalties, damages, and costs.
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What must comply?
§201.1 ALL AREAS of newly designed and newly constructed buildings and
facilities and altered portions of existing buildings and facilities shall comply
with these requirements.
Unless there is an exemption.
Examples of areas/items that not ALL must comply…
• Raised areas for security and life safety.
• Spaces accessed by ladders or catwalks.
• Machinery spaces and mechanical/electrical rooms.
• Work areas less than 300SF AND elevated ≥ 7 inches.
• Parking spaces. (±4-5%)
• Dining surfaces and work surfaces. (5%)
• Transient lodging guest rooms. (±4-7%)
• Plumbing fixtures. (at least one)
• Fuel Dispensers. (at least one of each type)
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ADA Lawsuit Trend
2017
2,629 Federal Suits
Filed from January
to April
18% increase from
2016
http://www.adatitleiii.com/2016/01/ada-title-iii-lawsuits-
continue-to-rise-8-increase-in-2015/
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Don’t stick your head in the sand!
There are real consequences to not
paying attention at the design stage.
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M. Bradley Gaskins, AIA, CASp
BradG@McIntoshTransforms.com
918.585.8555
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@ADAGeek
©2017 The McIntosh Group, LLC
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