EVCS required to be accessible by CBC Chapter 11B must have both, an accessible route to the facility entrance (see CBC Section 11B-812.5.1) and an accessible route from the vehicle space to the EVSE (see CBC Section 11B-812.5.2). No exceptions are provided but you can use existing accessible routes to help satisfy these requirements. These requirements are separate from, and are not limited by the 20% cost cap on path of travel improvements.
I live in an Apartment complex in San Jose, CA that was built in 1979 with over 300 units. There are four ADA parking spots close to my Apt. but when I get sick due to the terminal disease I have and leave my car parked which is permitted with a sticker from the complex for residential vehicles and also have disability license plates. I get threating sticker’s on my car windows from the Maintenance manager that it will be towed due to parking longer than 72hrs all the time. I’m then instructed to go park in another parking lot 300 to 400+ yards away with no sidewalk from the parking lot and then many stairs before I can get back to my Apt. that has ADA spots 100ft away and my disability license plates are for mobility reasons. They are building a new Apt. Building and have public access for their leasing office. Can anyone tell me if a violation has been committed by treating me this way? BTW there is nothing in our lease that says we residents or visitors with passes have a minimum or max days cars can be parked. If this is a violation please contact me so we can get a case going.
The good news for potential defendants is that the only remedies available in private ADA suits are injunctions that force you to come into compliance and attorneys’ fees. If the Department of Justice gets involved, they can seek civil fines and penalties. Hence, you need to do the risk/benefit analysis as to whether it is worth challenging the claim or not. This report says the lawsuits are on the rise.
The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. The Association of Christian Schools International, opposed the ADA in its original form. primarily because the ADA labeled religious institutions "public accommodations", and thus would have required churches to make costly structural changes to ensure access for all. The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations".
I work in a State Government office on the second floor. It has one elevator on the West side of the building. There are stairs on the West side, mid-way, and on the East side of the building which is secured. There is handicap parking on each side of the building, but with no additonal elevators and very limited handicap parking people with disabilities are struggling. Can you tell me what if anything can be done about this matter? There is a neighboring building that has parking right in from of ours on the West side that refuses to allow anyone including those with handicap placards to park there or else be towed. Can you assist with further information?
Accessible route is a fundamental term used to describe, “A continuous unobstructed path connecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability using a wheelchair, and that is also safe for and usable by persons with other disabilities…” In short, we can think of it as the ground surface which allows travel by wheelchair. The technical requirements are in CBC Chapter 11B Divisions 3 (Building Blocks) and 4 (Accessible Route). EVCS required by CBC Chapter 11B to be accessible must have an accessible route to the facility entrance (see CBC Section 11B-812.5.1) and an accessible route from the vehicle space to the EVSE (see CBC Section 11B-812.5.2). No exceptions are provided but you can use existing accessible routes to help satisfy these requirements.
Good afternoon. My son with disabilities attends an elementary school. Most children in his class have ambulatory issues. All have mental development issues. There is not one entrance to the school, school buildings, or classroom that has an automatic door opener. When questioned about this I was told because there is always some one there to help get thought the doors it’s okay. This isn’t true. But even if someone were is that answer/situation acceptable? Is a public school allowed to not be in ADA compliance? Thank you for your response.
On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people. The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified major bodily functions. The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court restriction that an impairment which substantially limits one major life activity must also limit others to be considered a disability. In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability." Thus the ADAAA led to broader coverage of impaired employees.
All work is required to comply with the applicable codes, standards and ordinances. Parking ordinances are typically adopted within each city and county in California. Consistent with the state’s policies on electric vehicles, DSA encourages city and county officials to recognize the necessary impact of EVCS and adopt responsive ordinances consistent with the local needs.