ADA or ADAAA?

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Author Message Michael Chusid, RA FCSI CCS Senior Member Username: michael_chusid Post Number: 471 Registered: 10-2003 Posted on Wednesday, March 20, 2019 - 11:58 pm:    Is it enough for a spec to require compliance with ADA, or better to identify it as the Americans with Disabilities Act Amendments Act (ADAAA) that became effective on January 1, 2009? Oy! now that I think about it, I may have to update the old joke, Q. What is the AIAAAAAAADAAA? A. A club for architects that drink, drive, and have disabilities. (AIA AA AAA ADAAA) Michael Chusid, RA FCSI CCS 1-818-219-4937 www.chusid.com www.buildingproduct.guru Brian Payne Senior Member Username: brian_payne Post Number: 171 Registered: 01-2014 Posted on Thursday, March 21, 2019 - 05:39 am:    We just went through this with our legal. You can’t really comply with the ADA act bc it is a law that requires the DOJ to set guidelines but has no guidelines itself. (It does a lot more, but for the purpose of this topic, that is what matters) Compliance with the currently adopted version of the DOJ standard ...ie 2010 ADA Standard is what I believe is needed. Ronald L. Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Senior Member Username: specman Post Number: 1533 Registered: 03-2003 Posted on Thursday, March 21, 2019 - 11:30 am:    I state to comply with the USDOJ's "2010 ADA Standards" and the ICC/ANSI A117.1 if the IBC is adopted (or another state/local accessibility standard as appropriate). Ron Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Louis Medcalf, FCSI, CCS Senior Member Username: louis_medcalf Post Number: 103 Registered: 11-2010 Posted on Thursday, March 21, 2019 - 11:34 am:    I cite the "2010 ADA Standards for Accessible Design" published by the Department of Justice. Under the ADA legislation, compliance with ADA is the owner's responsibility. This document is as close as we get to a code-like document for ADA compliance and should be referenced to augment IBC and state or local accessibility codes. The document should be cited for contractual compliance, because otherwise it is only a set of guidelines that do not have the force of law for contractor compliance. ADA (aka "Lawyers Relief Act of 1990") is complex legislation that only the folks leaving the courtroom know what it means in a given situation. ADA is not enforced by building officials, but rather by lawsuits. For these reasons ADA compliance is an owner responsibility, and I include a Div-01 statement that questions about interpretation of the DOJ publication are to be sent to the owner. Brian Payne Senior Member Username: brian_payne Post Number: 172 Registered: 01-2014 Posted on Thursday, March 21, 2019 - 11:36 am:    ...ya...what they said! ;) Ronald L. Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Senior Member Username: specman Post Number: 1535 Registered: 03-2003 Posted on Thursday, March 21, 2019 - 11:51 am:    Here's the cover of the actual ADA Standards: Ron Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Chris Grimm, CSI, CCS, SCIP, LEED AP BD+C Senior Member Username: chris_grimm_ccs_scip Post Number: 469 Registered: 02-2014 Posted on Thursday, April 11, 2019 - 02:01 am:    In SpecsIntact it is: <ORG>U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)</ORG> <RID>36 CFR 1191</RID><RTL>Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines</RTL> Ronald L. Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Senior Member Username: specman Post Number: 1539 Registered: 03-2003 Posted on Thursday, April 11, 2019 - 02:44 am:    Just to clarify, the 2010 ADA Standards adopted by the DOJ is not exactly the same as the 2004 guidelines in 36 CFR 1911. Ron Geren, FCSI Lifetime Member, AIA, CCS, CCCA, CSC, SCIP Chris Grimm, CSI, CCS, SCIP, LEED AP BD+C Senior Member Username: chris_grimm_ccs_scip Post Number: 470 Registered: 02-2014 Posted on Thursday, April 11, 2019 - 03:23 am:    That's right, Michael was asking about the ADAAAaa not the ADAAAaargh. Strange that SpecsIntact's UMRL updates standards dates but not this one, perhaps because they gave it no date - and a title that is now out of date. Michael Chusid, RA FCSI CCS Senior Member Username: michael_chusid Post Number: 474 Registered: 10-2003 Posted on Thursday, April 11, 2019 - 11:23 pm:    Based on this discussion, I took reference to ADA out of the guide spec text, but added a specifier note explaining, "Americans with Disabilities Act (ADA) and other requirements may require tubs to be usable by people in wheelchairs or with other disabilities. Our ADA-compliant model bathtub for pets meets typical requirements for under-tub clearance, height of front lip of tub, reach to faucets and tethers, and maximum weight of spray valve." This way, the specifier can make a decision about the suitability of the product without getting involved in issues of compliance. Michael Chusid, RA FCSI CCS 1-818-219-4937 www.chusid.com www.buildingproduct.guru