Tag: Unruh Civil Rights Act

DESIGN for Accessibility: Don’t Just Rely on the Code

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in: AIACC / 2 Comments
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According to the United States Census Bureau, over 54 million people, 19 percent of the United States population, or in other words, one out of every five Americans, are disabled. This statistic represents citizens seeking education, employment, recreation and services and is a population with great economic as well as political influence. This population shares the same civil rights, and expectations to equal opportunity for themselves and their families.

As an architect, considering the history of response in the built environment to serving the needs of twenty percent of the American population, I must ask if the profession’s use of regulation instead of a design focused approach, has given us what some consider disappointing results. Some years back, the term “universal design” was coined in order to better address the complex issues surrounding accessibility. As architects we can do better by remembering our primary contribution to the built environment. DESIGN, not compliance is what creates great environments and successful communities. In approaching our work we must remind ourselves that none of us should be content with doing just enough to get by.

California has a long and respected history in the area of equal access to public facilities, beginning in 1968. In 1990 the Americans with Disabilities Act became the law of the land, and in California was reinforced in 1992 with the Unruh Civil Rights Act. All of these laws have emphasized that it is the responsibility of business to provide full and equal access to public facilities. Despite the long policy history, further refined by regulation, persons with disabilities continue to be denied equal access in many instances.

To address these issues, the California Commission on Disability Access (CCDA) was established in legislation in 2008 as a 17 member Commission, consisting of 11 public and 6 ex officio members appointed by the legislature and the Governor. It is made up of business, disability, legislative and public agency representatives, brings together the experience and knowledge required to best guide the development of resources and educational materials needed by the business community with the goal of access for all in lieu of legal claims.

The bill also required the State Architect to create the Certified Access Specialist (CASp) program and defined the role of the CASp in providing inspections. In 2012 the Legislature amended the original legislation requiring that the CCDA shall make a priority of the development and dissemination of educational materials and information to promote and facilitate disability access compliance. The bill additionally requires the CCDA to work with the State Architect and the Department of Rehabilitation to develop these materials for use by businesses.

The CCDA is working hard to assist both the architectural profession and the business community in California to provide access for all.

 

Former State Architect Appointed to CA Commission on Disability Access

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in: AIACC / 0 Comments
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The American Institute of Architects, California Council (AIACC) is pleased to announce the appointment of Stephan (Steve) Castellanos, FAIA to the position of Executive Director for the California Commission on Disability Access (CCDA).

As an architect, general contractor and businessperson, Steve understands the importance of providing accessible facilities for all, and the myriad of issues affecting the design and construction industry in attaining this important goal. His previous experience as California’s State Architect (2000-2004) will serve him well in his appointment as Executive Director of the CCDA. In this new position he will provide the necessary leadership, management, and support duties necessary to fulfill the CCDA’s statutory mandates.

With a vision to developing recommendations that will enable persons with disabilities to exercise their right to full and equal access to public facilities, and that will facilitate business compliance with the applicable laws, building standards and regulations to avoid unnecessary litigation, the Legislature created the California Commission on Disability Access through Senate Bill 1608 authored by Senator Ellen Corbett. The role of the CCDA was further enhanced by the passage of Senate Bill 1186 authored by Senator Darrell Steinberg and Senator Bob Dutton.

The mission of the California Commission on Disability Access is to promote disability access in California through dialogue and collaboration with stakeholders including but not limited to the disability and business community and all levels of government.

The AIACC stands ready to work with Steve to develop programs and educate the profession to reduce barriers for all Californians.

 

Working to Streamline Accessibility Laws

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in: Accessibility / 3 Comments
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Last week, the AIACC testified before the Assembly Judiciary Committee in support of SB 1186 (Steinberg/Dutton). SB 1186 seeks to promote compliance with the state’s disability access laws without increasing unwarranted litigation. The bill easily passed and now rests in the Assembly Appropriations Committee.

The language contained in the current version of the bill focuses primarily on how an attorney is to provide a written advisory (demand letter) to a building owner. However, the SB 1186 working group (of which the AIACC is part) established by Senators Steinberg and Dutton continues to seek legislative proposals to provide legal relief to those affected by the issues surrounding the Federal ADA, the California Building Code (California Code of Regulations, Title 24) and California’s Unruh Civil Rights Act—all without compromising access compliance or civil rights.

For architects, some of the most significant aspects of the effort are the proposals being generated by the working group. These include the Division of the State Architect’s (DSA) efforts to align the ADA with the access provisions of Title-24 and the improvement of the Certified Access Specialist Program (CASp). Also to be considered is the inclusion of language that addresses issues such as when an access code violation can be considered a technical violation (think handicap parking signage mounted three inches off-center of the parking stall), versus a true access violation (a barrier to access, e.g., a 24” wide restroom door in a public accommodation).

Because the alignment of Title 24 and the ADA plays a key role, the working group is depending on the DSA to deliver on its ongoing efforts for preparing the update of California’s 2013 building code for accessibility. As you may be aware, since May, the DSA has held a series of Access Code Forums, seeking input and comments from accessibility stakeholders, interested parties, and the general public as part of its emergency rule-making efforts to align state and federal access regulations. One area of significant importance that has been included in this effort is construction tolerances (allowing for a specified dimensional range). Whether dimensional, or in the form of open-mindedness, tolerance will certainly play a key role in resolving this issue.