DISABLED ACCESS COMPLIANCE AND SB 1608

By Greg

Izor Greg Izor is Principal Architect and President at Izor & Associates (www.izorarch.com), an Escondido-based Architectural firm specializing in access compliance solutions. Greg is also a Certified Access Specialist in the State of California. In this capacity, he provides ADA access compliance services, ADA training and expert testimony in ADA related litigation. Breaking Ground asked Greg to “de-mystify” Senate Bill 1608 and its impact on building owners.

Since the passage of Senate Bill 1608 in September of 2008, it has become easier for building owners and tenants to comply with access laws and to avoid drive-by lawsuits. The intent of Senate Bill 1608 was to encourage businesses to develop a plan to remove physical barriers to the disabled while affording them some measure of legal protection while in the process. If a business owner uses a Certified Access Specialist (CASp) to prepare an inspection report of the facility, they will be able to display a state member certificate in the window and request a 90-day stay of proceedings and an early evaluation conference if they are engaged in an ADA lawsuit. This means that frivolous lawsuits will be discouraged and suits that are filed will be forced to a quick settlement through the early evaluation conference.

"The intent of Senate Bill 1608 was to encourage businesses to develop a plan to remove physical barriers to the disabled while affording them some measure of legal protection while in the process", states Izor

However, the business owner must commit to a specific timeframe for the removal of any physical barriers to the disabled. This timeframe must be economically feasible. The idea behind SB 1608 is to encourage barrier removal while offering some protection in the process. The intent of a barrier removal plan is not to just put off making a facility accessible to the disabled in hopes of avoiding a lawsuit and possibly never having to actually remove the physical barriers. The intent is to provide an environment that encourages the removal of barriers to the disabled over a reasonable period of time.

Along with encouraging business owners to make their facilities accessible, SB 1608 requires architects and building officials to receive continuing education training in access compliance regulations. The idea here is that the more knowledgeable architects and building officials are, the more the built environment will comply with disabled access regulations. The disabled among us have been waiting since 1992 to see significant improvement to their ability to access existing buildings. If you are a business owner, an architect or a building official you should be doing your part to make the physical environment more accessible to the disabled. SB 1608 gives you a new opportunity to accomplish this. Use this opportunity to its fullest.

To learn more and to request an ADA inspection report of your facility, contact Reno’'s ADA Compliance Manager, Gary Magill at: (619) 520-3876 or gmagill@renocon.com.