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ADAIN Blog

Interesting articles about ADA, FHA, and ABA compliance inspections by ADA Inspections Nationwide, LLC.

Products for Aging-in-Place Home Modifications

Manufacturer’s and retailers are coming on board almost daily with new and interesting products for aging-in-place home modifications. An article in Bob Vila identifies some of these new products and the manufacturer. Putting this all together requires a project planner experienced in home design and aging-in-place installations. Please contact Richard Acree at 615-752-0060, or email inspections4ada@gmail.com, to discuss your needs for CAPS services.

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FEMA Provides Vaccine Resources and Information for People with Disabilities 

The Biden Administration has tasked the Federal Emergency Management Agency (FEMA) with managing set-up and operations for Community Vaccination Centers across the country. With other federal agencies, FEMA established a Civil Rights Advisory Group that developed a Civil Rights Checklist and Best Practice Information resource to provide states, territories, and tribes a list of civil rights considerations and resources to ensure equitable vaccine access.

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Disability Policy Director Knackstedt to sit on its Domestic Policy Council

In a historic first, the White House has named disability policy director Kimberly Knackstedt to sit on the Domestic Policy Council and ensure the government is prioritizing Americans with disabilities, including those with lingering disabilities caused by COVID-19.

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U. S. Forest Service Accessibility Guidelines and Requirements

There are three different sets of these guidelines and standards that apply to facilities built on US Forest Service national forests and grasslands: the Architectural Barriers Act Accessibility Standards (ABAAS), the Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG), and the Forest Service Trail Accessibility Guidelines (FSTAG).

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Deaf Student Abused by OxNard College Professor

The National Deaf Center (NDC) recently posted this article about negative attitudes and biases toward individuals who are deaf or have limited hearing. NDC’s research identifies negative attitudes and biases as one of several root causes contributing to attainment gaps for deaf people. The story is another example of negative attitudes and biases toward people with limited hearing.

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ADA Compliant Amusement Rides - Technical Requirements

2010 ADA Standard 1002 covers the primary scoping requirements for amusement rides. With some exceptions, accessible amusement rides are required to have an accessible route to the ride, an accessible loading and unloading area, and accessible seating in the ride. The amusement rides that are covered by Standard 1002 are ones that are not regularly assembled and disassembled.

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ADA Compliant Amusement Rides - Scoping Requirements

ADA Standard 234 covers the primary scoping requirements for amusement rides. With some exceptions, accessible amusement rides are required to have an accessible route to the ride, an accessible loading and unloading area, and accessible seating in the ride. The amusement rides that are covered by Standard 234 are ones that are not regularly assembled and disassembled.

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2020 ADA Title III Lawsuits Top 10,000 Despite Pandemic

Despite the pandemic of 2020, for the third year in a row ADA Title III federal lawsuits topped 10,000 nationwide. In January 2021, 1,108 federal cases were filed – the most ever in a single month! Complacency is a common cause for ADA lawsuits. Ignorance is no excuse. Owners, operators and tenants of Title III public accommodations and commercial facilities must comply with the ADA laws. The same is true for facilities that must comply with ABA or FHA laws. Failure to do so may add your case to the list of federal lawsuits for 2021.

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ADA Lawsuits Dismissed for Lack of Evidence

Gone are the days of vague and nondescript drive-by lawsuits for ADA compliance. Keep in mind that the US Department of Justice has stated that there only needs to be one issue for which a facility or entity is not compliant with the ADA laws in order for a complaint to be valid and proceed.

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ADA Compliant Fitness Facilities

Fitness facilities must be compliant with the Americans with Disabilities Act (ADA) Standards. This applies to any and all public facilities with exercise/fitness equipment for use by the public. Fitness facilities have elements and features that are common to many facilities. Elements and features that are unique to fitness facilities include areas of sports activities, swimming pools, and exercise machines and equipment.

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Does an Older Apartment Building Have to Comply with the FHA?

The Fair Housing Act does not require any renovations to existing apartment buildings. If an alteration, renovation or addition to an apartment building resulted in a building permit being issued by a state, county, or local government after June 15, 1990, then that alteration, renovation or addition likely resulted in new construction, which would fall under the FHA.

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ADA Requirements for Education Facilities

Education facilities [schools] must comply with the ADA Standards. These facilities are complicated and complex. Many sections of the ADA Standards apply to schools, whether they are public or private entities. Other regulations may apply such as Section 504 of the Rehabilitation Act, the Architectural Barriers Act, and regulations at the Department of Education. Where regulations overlap, the regulation with the most stringent requirements should be followed.

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Outside Dining Tables that Comply with ADA Laws During Covid 19 Pandemic

Dining Surfaces in public places should comply with the ADA laws whether they are inside or outside the entity facility. Dining tables that are not fastened to the floor or a wall are not considered fixed, therefore, technically speaking, if the dining tables at the exterior of the restaurant are not fixed in position, they are not required to be compliant with the ADA laws. However, the DOJ expects entities to apply the principles of the ADA laws for reasonable accommodations as long as doing so does not incur undue burden.

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Residential Dwelling Units Technical Requirements as Defined by the ADA

This article discusses the technical requirements for residential dwelling units found in 2010 ADA Standard 809. Standard 809 is the primary Standard for technical requirements for residential dwelling units; however, several other Standards have requirements for residential dwelling units as well. These requirements can be complicated.

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Residential Dwelling Units Scoping Requirements as Defined by the ADA

This article discusses the scoping requirements for residential dwelling units found in 2010 ADA Standard 233, other scoping Standards, 28 CFR 35.151(e) and (f), and 28 CFR 36.406(d) and (e). This topic can be complicated and confusing. Start first with funding. If federal funds are involved you are probably looking at HUD rules for the facility. If public funds are involved you are probably looking at a combination of FHA and ADA rules for the facility.

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