| Frequently Asked Questions |
| What are the benefits of going to an architect for my home remodel rather than straight to a builder? |
When you go straight to a builder for your remodel it means you forego the important design stage of the process. Using the expertise of each specialist is important - Builders build and architects design. By using an architect you will end up with a home that fits your needs and a space you love living in as well as an investment for years to come. It is important to also note that an architect works on a scheduled fee that does not depend on the features of the design whereby some builders are paid on a percentage of the project. |
| What criteria should be used to select an architect? |
Select an architect in the area of the property. Many times areas have their own style of design and a local architect will have experience in these styles. The local architect has a working relationship with the local planning and building agencies which allows them to advise you of various pertinent issues to your design. Experience and expertise are always critical as well and asking for references and work examples is important. |
| What is ADA? |
The American With Disabilities Act (ADA) was enacted in 1990 and became effective for most properties in January 1992. ADA applies to public entities and businesses open to the public. Unfortunately compliance with the law is the exception rather than the rule. This continuing failure to comply with the law has sparked a flurry of lawsuits in most states with the focus on California and Florida. Some property owners have been targeted and "settled" by paying thousands of dollars PLUS had to invest thousands of dollars to become compliant.
The Targeting process works like this: A disabled person visits your property and observes several violations of the ADA at your location. Typically the next step is you that are served a lawsuit claiming damages for disability discrimination. In the Sacramento California area alone there are one or two ADA law suits filed every business day.
The Bottom Line is that your property and business must be in compliance with ADA standards. It's the law. Opportunistic individuals and law firms are visiting California businesses are suing in State and Federal Court. The law gives them up to $4,000 per incident, and it can compound to tens of thousands of dollars. Settlements do not prevent future lawsuits regarding the same property unless all violations are addressed.
I am an experienced and knowledgeable ADA accessibility specialist who will visit your property then will provide you with a written report identifying the compliance requirements applicable to your property.
I will provide you with the tools to "Do It Right" in order to avoid being named as a defendant in the next lawsuit. Remember the penality is $4000 for EACH violation at EACH location.
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| What are the Laws regarding Accessibility? |
In the state of California, businesses must comply with both the California and Federal accessibility laws.
• Failure to comply with the law can be costly! ADA became law in 1990, and owners, lessors, lessees, and operators of California businesses which have not met the law's basic requirements continue to be sued on a daily basis. Noncompliance with ADA can result in expensive lawsuits with substantial monetary penalties.
• Compliance is financial protection. Like insurance, it only takes once to realize that it is much less expensive to comply on your own than to pay fines as well as the expense of mandated compliance.
• You maintain control of the compliance process. Once you've completed a proper evaluation and have a defensible ADA plan on file, you have given yourself control of the compliance process (and control of the costs). Without a legitimate plan, a lawsuit or formal complaint could turn control of compliance (and your budget) over to the courts. Get the basics done right now, and avoid the possibility of someone else dictating how and where you spend your money!
• Lawsuits are a fact of life. ADA lawsuits are the tool of enforcement. But documented compliance efforts along with the written evaluations and plans required by the ADA provide your strongest defense in court.
• Compliance is the right thing to do. Most businesses are willing to accommodate the needs of its customers, regardless of disability, but the ADA's confusing and ambiguous requirements make it difficult to understand exactly what is required.
Common Compliance Areas
• Parking Lots
• Routes from Parking Lots to Building Entrance Areas Bathrooms
• Signage
• Counters and Tables
• Accessibility to Goods and Services
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| What is readily achievable? |
The Department of Justice definition is "...easily accomplishable and able to be carried out without much difficulty or expense." (ADA Architectural Guidelines). This definition has been left vague on purpose! It is up to the individual business to determine what is reasonable for their particular situation. A $50,000 bathroom remodel is reasonable for Target Corporation but likely is not reasonable for a start up small business. The DOJ has also determined that adding a ramp into a building is readily achievable in most cases. A ramp may cost $2000 to install. Some business can install it easily, others may need to plan and budget over several years but, eventually, the ramp must be installed.
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| I haven't done any work on my building since 1990 so I don't need to do anything right? |
I haven't done any work on my building so I don't need to do anything, right?
Wrong! No one is grandfathered in.
All buildings, regardless of age, must make readily achievable modifications to remove any barriers to the use of the facility by persons with disabilities.
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| I had work done on my building and I had a permit - doesn't that mean I'm okay? |
Not necessarily. Unfortunately, California law prevents building departments and inspectors from checking for compliance with anything except the California state building code. There are places where the state code conflicts with the federal ADA guidelines and they likely won't be caught by your plan checker or inspector. Also, if you had work done on an older building, there are likely portions of the building that weren't covered in the permitted work. |
| The economy is terrible! I can't afford to fix everything wrong with my building - what do I do? |
This goes back to the definition of readily achievable. The law does not expect everyone to fix all the problems at once. Just to make a plan and keep working on solutions and modifications. Accessibility should not be considered a project that you “finish”. It is ongoing, especially for older buildings. Businesses should be putting aside a portion of their income to fix accessibility deficiencies. They should have a plan in place and a timeline for fixing their deficiencies but the barrier removal doesn't have to be done all at once.
Additionally, there are federal tax credits available to small businesses and building owners who make modifications to improve access. The cap is $10,000 worth of improvements a year, and 50% of covered expenditures are given as a tax credit. Covered expenditures include professional fees, such as hiring a CASp, architect, engineer, or surveyor to plan and complete the work as well as the actual construction costs involved. The tax credit is available every year, not just once. Larger businesses have credits too, but some different rules apply. Talk to your tax professional to see how to take the credit available to you.
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| I know a business who isn't accessible - how are they getting away with it? |
They are getting away with it only because no one has noticed and sued them yet. Unfortunately, with the way the ADA and state laws are written, they have turned the disabled community into the access police. There is currently no mechanism in place, other than lawsuits, to ensure that businesses comply. Because of this, an entire “industry” has been created where lawsuits are filed by lawyers and claimants looking to make a quick dollar. Currently, the only protection available is to hire a Certified Access Specialist to survey your building or space, give you a report on its condition and a certificate indicating that the facility has been inspected. |
| I'm just a tenant. Isn't my landlord responsible and liable for any accessibility problem? |
No. Both building owners and tenants can be held responsible and liable for any accessibility deficiencies, regardless of what the lease documents may say. Many landlords and tenants are working together to pay for access upgrades. |
| My building is really old and there are things that just cannot be made accessible. What do I do? |
There are provisions in both state and federal codes for historical buildings and areas. There are additional provisions for what is called “technically infeasible” situations where the structure, site, or other component won't allow for full compliance. There are also exceptions for existing buildings which call for “extreme hardship” exceptions which can be granted by the local building official. The CASp process will help you document any conditions that fall into these categories. |
years experience in the construction and design industry. She earned her degree in Architecture from U.C. Berkeley, graduating with Honors. Michelle has worked for a variety of firms, focused on both residential and commercial projects. Her portfolio spans from prisons to libraries, condos and townhouses to single family homes. As president of Michelle Davis, Architect Inc., she specializes in residential, commercial and tenant improvements with an emphasis on handicap accessibility and the surveys that apply. 
