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Mon, 14 Apr 2008 07:28:05 -0700 |
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At least here in California, ADA requirements are enforced in two ways;
First when applying for a building permit new construction (or for
renovation beyond a certain threshold of value, either the permit cost or a
percentage of value of the building) the permit review process will include
review for ADA requirements. A recognized (on the National, state or local
register, or found eligible or likely to be eligible for the register)
historic building may have some requirements waived only if compliance would
effect the buildings historic fabric. Secondly you can be sued for
non-compliance by an affected party.
As a rule, there is no government agency which is going to come in and tell
you to make your building comply, unless you pull a building permit. The
only waiver would be part of the permit process for that permit. The waiver
won't help if you are sued. You still need to defend (at the cost of legal
fees) your choices.
Even when rebuilding a historic building you won't be forced to put in an
elevator, widen doorways or other destructive work, but you should expect to
have ramps to access the lower floor (but that ramp may be at the side or
back of the building, not at the front as required under ADA.) You will
still need to have blue placard parking places, and should have portable
displays and such in the gift shop arraigned to allow a wheel chair to
maneuver among them. If you provide public restrooms they need to be
reasonably compliant. If the portions of the building are not accessible,
you need to offer an alternative experience (a book or photos or a video.)
Our house is City owned and operated, and if requested I am required to
provide a sign language interpreter at my cost.
On the up side, many of the ADA adaptations have other benefits. Paved
paths (in place of gravel) and ramps make your site stroller and walker
friendly. I don't think there is a down side to good bathrooms. The photos
for the alternate experience are wonderful for outreach and other publicity.
Many of us are getting older, and may start to have trouble climbing stairs.
at that point the elevator starts to look pretty good.
Randy Hees
Patterson House at Ardenwood Farm
Fremont, California
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