Commercial Construction & Renovation

JUL-AUG 2016

Commercial Construction & Renovation helps our subscribers design, build and maintain better commercial facilities by delivering content to meet the information needs of today's high-level executives.

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ADA Q&A; If you have questions, we have answers. AskBrad is an ADA Q&A; designed to be your resource for Title III ADA questions. To submit a question, visit us at www.mcintoshtransforms.com/ask-brad. Disclaimer: "AskBrad" is designed to provide accurate and authoritative information on the Americans with Disabilities Act (ADA). It is provided with the understanding that Brad is not an attorney and is not engaged in rendering legal or other professional services. Additionally, the ADA is subject to interpretation of the courts and the Department of Justice. If legal advice or other expert professional assistance is required, you must seek competent legal and professional advice. Brad Gaskins, AIA, CASp is a partner at The McIntosh Group and a leading expert on acces- sibility and Title III ADA Standards. He also is a continuing education provider and regularly leads presentations, seminars and webinars for profes- sional groups regarding accessibility nationwide. What is the ADA requirement for Gender Neutral Restrooms? This is not a disability issue, and there is no work on this related to the ADA that we are aware of. Do state ADA guidelines act as a companion document or extensions to the national guidelines? There are no state ADA guidelines. There are building codes such as the ANSI A117.1, CBC Chapter 11, Florida Accessibility Standards, and the Texas Accessibility Standards that must be complied with as part of the construc- tion process. California and Massachusetts, for example, also have a state civil rights law that mimics and in some instances exceeds the ADA. The requirement would be that the most stringent requirement of the ADA Standards, the state standards or local building code would need to be complied with. Is the fire marshal the only building official who enforces ADA guidelines? The fire marshal has no authority to en- force the ADA Standards. The ADA can only be enforced through a lawsuit filed by a defendant who has standing to do so. The fire marshal, however, can be required by local ordinances to enforce the local or state building code which may very well mimic the ADA Standards. The ADA is a civil rights law and not a building code, and no local or state official can enforce the standards. Must a complaint be filed by someone in order for the DOJ to investigate an ADA violation? No. A complaint is not required for the DOJ to take action. The DOJ can take action at any time on their own authority. How are municipalities (county and city) allowed to exempt their projects from meeting ADA guidelines? Municipalities are not allowed to ex- empt their projects from compliance with the ADA. They are, however, required to comply with Title II in lieu of Title III of the ADA, which is a program acces- sibility requirement in lieu of a physical facility requirement. A complaint is not required for the DOJ to take action. The DOJ can take action at any time at their own authority. COMMERCIAL TRANSFORMATIONS JULY/AUGUST 2016 ISSUE 3 MCINTOSHTRANSFORMS.COM 138

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