Noisebridge Space Program/Accessibility

Enforcement

DOJ’s and DOT’s ADA Standards are not a building code, nor are they enforced like one.

They constitute design and construction requirements issued under a civil rights law.

The ADA’s mandates, including the accessibility standards, are enforced through

investigations of complaints filed with federal agencies, or through litigation brought by

private individuals or the federal government. There is no plan review or permitting

process under the ADA. Nor are building departments required or authorized by the

ADA to enforce the ADA Standards (some building departments even include a

disclaimer on their plan checks indicating that ADA compliance is not part of their

approval process). Entities covered by the law ultimately are responsible for ensuring

compliance with the ADA Standards in new construction and alterations.

With respect to the Uruh Civil Rights Act, The code of California states:

(5.1.5c) "This section shall not be construed to require any construction....or modification what is required by law..."

(5.2a) "Whoever denies...or makes any discrimination contrary to section 51, 51.5, or 51.6...is liable for each and every offense for the actual offense...no less than 4,000 dollars"

Context

Noisebridge falls under the context of a public accommodation, and therefore the 2010 STANDARDS FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES TITLE III section (page 15) of the [File: ADAstandards.pdf ADA Standards].

Penalty

As the ADA constitutes a requirement by law to make spaces accessible, California's code makes any and every violation a violate of civil rights, with a penalty of at least $4,000 for each instance of a violation, not just the existence a violation.

Major Documentation

• File:ADAstandards.pdf ADA Standards
• File:ADAstandardsguide.pdg Guide to the ADA Standards

Items most pertinent to NBSP

• Only standards applicable alterations
  • "A change in the building or facility that affects or could affect the usability of a building or a facility of portion thereof"
  • remodeling, renovation, rehabilitation, reconstruction, restoration, resurfacing of circulation paths or vehicular ways
  • changes or rearrangement of structural parts, elements, or walls.
  • Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not considered alterations unless they affect a facility’s usability.
• No New Construction e.g. new building
• No addition, e.g. no increasing gross floor space

Guide to Standards Summary

Generally applicable points

• access features required by the ADA Standards must be fixed or built-in even though portable alternatives may be available.
  • includes requirements for assistive listening systems, visual alarms, shower seats, ramps, and platform lifts.
  • Non-fixed, like medical equipment, should be accessible
  • in removing barriers to existing places of public accommodation, portable solutions may be permitted in some cases where permanent solutions are not readily achievable)