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Based on information from lawsuits filed against The Americans with Disabilities Act (ADA) violations, as required by California Senate Bill 1186, the California Commission on Disability Access (CCDA) has compiled the following list:
Top Ten Alleged Construction Issues (Jul-Dec 2019)
|1||Access Height of Goods, Support, Services, and Equipment: Heights of surfaces such as counters, bars, or tables are not compliant.||21|
|2||Exterior Path of Travel – Pathway: Routes to and from parking lot or public right of way are not accessible. May include uneven surfaces or lack of detectable warnings.||11|
|3||Number of Handicap Parking Spaces: Parking lot does not contain a minimum number of accessible parking spaces.||9|
|4||Parking Spaces: Existing parking spaces are not compliant; fading blue paint or excessive slope.||9|
|5||Interior Path of Travel: Path of travel features not accessible including non-compliant surfaces, excessive slope, cross-slope, etc.||5|
|6||Exterior Path of Travel – Door Hardware: Thresholds, handles, pulls, latches, locks, or other operating devices are not accessible. Lacking door kick plates.||5|
|7||Parking Signage: Signage in parking lot is not compliant (e.g. spaces need to be designated as reserved by a sign showing the symbol of accessibility).||4|
|8||Parking Areas: Loading zones and van access aisles are not compliant or non-existent.||4|
|9||Access to Goods, Support, Services, and Equipment: Accessible lodging units are non-existent, inaccessible, or insufficient in quantities.||3|
|10||Exterior Path of Travel – Ramps: Curb ramps or entrance ramps are not compliant or non-existent.||3|
*edited for ease of reading. Read original table here.
These ADA violations account for 74% of the total violations. The remaining allegations are less common but still enforceable and actionable.
Penalties and fines for these violations can be costly. Select law firms have targeted businesses for ADA lawsuits in California, as the laws are more favorable to plaintiffs than elsewhere.
Facilities interested in an evaluation or that suspect violations should be inspected by a professional Certified Access Specialist (CASp), licensed by the state of California in order to provide adequate access to all customers and minimize business liability.
CAM Property Services has supported property managers and facilities in California since 1987. In addition to building services, landscape, hardscape, construction, and maintenance, CAM offers fully integrated ADA compliance and CASp inspections, remediation, and repair services. Contact CAM today at 800-576-3050.