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, and business and commercial property owners have little excuse for not complying with the requirements. If you go to court, you will most likely lose”
ADA COMPLIANCE Inspections & Services
Many properties are not compliant with the ADA, although they are supposed to be. Title III of the ADA states that all “Public Accommodation and Commercial Facilities” must perform barrier removal.
Nearly 1 in 5 people have some sort of disability and making your property accessible is the law. If your property is not compliant, you MAY be a target of a law suit.
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.
GBR PAVING- CASp (Certified Accessibility Solutions) can evaluate your property, issue a GBR PAVING- CASp report and consult you to achieve compliance at your property.
The Americans with Disabilities Act (ADA) is a Federal civil rights law that was adopted in 1990. Similar to California accessibility law, ADA provides civil rights protections for persons with disabilities and requires accessibility to buildings and facilities and the “goods, services and programs” within. ADA does not supersede California’s accessibility laws: the most restrictive requirement of either code applies.
At GBR PAVING, we’re up-to-date on current compliance regulations and with our wide breadth of services we’re able to provide a one-stop solution for disabled and handicapped parking and access construction. Whether it be a concrete retrofit, handicap ramp, leveling of a parking stall for 2% max, or required striping and signage, your one call provides a complete solution.
GBR PAVING provides the same, responsive, quality work with customer-friendly and informative crews recognized for their productivity.
ADA Exterior Work
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. In addition, existing facilities must undertake readily achievable barrier removal to comply with the Act. Emerald has developed an expertise in exterior ADA concrete and asphalt work and we can complete all work that has been authorized by the customer’s engineers or architects.
This involves removing and replacing concrete or asphalt and replacing the surface so that the grade or level of the surface meets with ADA compliance. Many existing pathways are too steep for people with disabilities.
We install all necessary signs and street markings required under the ADA.
Path of Travel
We construct pathways for the disabled to access all areas of a property including off street access.
Cane Detection and Detectable Warnings
We install cane detection under outside staircases to prevent the blind from walking into the staircase and detectible warnings on ramps to notify the blind of a grade change.
Handrail Installation and fabrication
We fabricate and install hand railings where necessary.
• DETECTABLE WARNING SYSTEMS
• RESURFACING OF PARKING STALLS TO MEET 2% ADA REQUIREMENTS
• CONCRETE CURB – CUT ADA RAMPS
• PATH OF TRAVEL ACCESSIBILITY HANDRAILS
ADA CERTIFIED REPORTS
GBR PAVING- CASp Evaluation & Reports – GBR PAVING- CAS (Certified Accessibility Solutions) can inspect your property for accessibility compliance and issue a CASp under the Americans with Disability Act and Title 24 of the California Code of Regulations (2010 CBC) report with benefits under CA Senate Bill 1608.
Surveying & Design – GBR PAVING- CAS can survey and design parking, curb ramps, pedestrian ramps, accessible routes, restrooms and architectural design elements the property may need to meet accessibility compliance.
Consulting Services – As a Certified Access Specialist, we can consult with you or your client on any accessibility issues needed including researching and answering any questions regarding accessibility compliance pursuant to the Americans with Disabilities Act (ADA), Title 24 of the California Code of Regulations (CBC 2010), The Fair Housing Act, Housing and Urban Development (HUD), and the Architectural Barrier Act (ABA). Services can include but are not limited to: Contractor consultation, issuing agencies letters on your behalf, report rebuttal, depositions and expert witness services.
Construction Coordination – GBR PAVING- CAS can coordinate all aspects for completion of modification to your property to meet compliance in accessibility. GBR PAVING- CAS can acquire permits, locate qualified contractors and coordinate the project from inspection to certification.
Budgetary Planning – GBR PAVING- CAS can help you or your client put in place a “Transition Plan” for “Barrier Removal” and budget planning to comply with the ADA laws and regulations. We can help you determine if an “Unreasonable Hardship” or “Practical Difficulty” exists. If in the event one of the circumstances does exist, a letter can be drafted and submitted to the governing agency or appeals board for approval on an equivalent accessible modification.
GBR PAVING- CASp “Certificate of Inspection” – Upon completion of the evaluation report, GBR PAVING- CAS will issue a “Certificate of Inspection” in accordance with CA Senate Bill 1608. This Certificate can be placed in the window of the business to identify the property as inspected. The report will identify the property as “CASp Inspected” (If all elements in inspected areas meet all construction-related accessibility laws and regulations) or “CASp Determination Pending” (when non-compliance of a construction-related element is identified).
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. Consult with your tax accountant to take advantage of these tax incentives.
- IRS Section 44 – Form 8826 – Disabled Access Credit:
(Click here for form) http://www.irs.gov/pub/irs-pdf/f8826.pdf
- IRS Section 190 (Publication 535) – Tax Deduction
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.
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.
Businesses of all sizes may take advantage of this tax deduction. Under (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 Section 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.
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 http://www.dgs.ca.gov/dsa/Programs/progAccess/accessmanual.aspx
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
Notification – Benefits under Senate Bill 1608
NOTICE TO PRIVATE PROPERTY OWNER/TENANT:
YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY WRITTEN INSPECTION REPORT AND ANY OTHER DOCUMENTATION CONCERNING YOUR PROPERTY SITE THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS SPECIALIST. IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT INCLUDES A CLAIM CONCERNING A SITE INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A STAY (TEMPORARY STOPPAGE) OF THE CLAIM AND AN EARLY EVALUATION CONFERENCE. IN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54. THE APPLICATION FORM AND INFORMATION ON HOW TO REQUEST A STAY AND EARLY EVALUATION CONFERENCE MAY BE OBTAINED AT http://www.courtinfo.ca.gov/selfhelp/.
YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY POST ON YOUR PROPERTY.