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Herbert Hacker AIA
Herbert F. Hacker, Architect
Phoenix AZ
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YES! is short answer to complicated circumstances. If the facility was built before 1993, CFR Sec36.304 Removal of Barriers items (11) to (17) require retrofit per the 1991 (old) ADAAG. If the facilities were built 1993 to 2012 to the 1991 ADAAG standards you have "safe harbor" under the 2010 amendment Sec 36.304(d)(2)(i) - until you alter that facility or element.
That a facility complied with building or plumbing code has no standing under ADA which is civil rights for the disabled which overrides a lesser accessibility standard. Conflicting standards are usually resolved by the someone's judgement as to which provides the greater degree of accessibility.
As an ADA consultant, I can always find items or elements that are not in compliance either because of deficient design or poor construction management. So can the Lawyers or advocates whose fees are guaranteed per Sec 36.505 Attorneys Fees. Sooooo have a talk with your attorney and insurer re: an affirmative defense to this.
BTW: all of the above and more is is posted at
www.ada.gov
Original Message:
Sent: 10-03-2012 09:26
From: Manuel Perez-Vichot
Subject: ADA compliance
This message has been cross posted to the following Discussion Forums: Committee of Corporate Architects and Facility Management and Small Project Practitioners .
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We are experiencing attorneys initiating discrimination suits for non compliant Toilet Facilities at existing restaurants and other public buildings in South Florida although the buildings are in full compliance for the code standards in effect when they were built. Typically they settle out of court for a few thosand dollars and move on to the next case.
My question is , if a building is in compliance with the code at the time it was built and is not being renovated, is it necessary to reconstruct Toilets for current ADA compliance ?
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Manuel Perez-Vichot AIA
Perez-Vichot & Associates, Inc.
Miami Springs FL
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