Design standards published by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act (ADA) are used to ensure access to the built environment for people with disabilities. ADA standards apply nationwide in addition to any applicable state or local codes in which facilities are newly built or modified. Most public and private sector institutions are covered by the ADA. Recent California law provides substantial protection for business and real estate owners from unwarranted lawsuits by the ADA. SDG&E refuses to approve my new residential solar system because they need a distance of 24 inches in all directions for their gas meter on the side of my house. They refuse to grant a variance of 4 inches for one of the solar meters, which is about 3 feet above and to the right of the gas meter. The penetrating solar meter would have to be moved 30 feet on a solid stucco wall, which would require me to walk all around the house instead of 10 feet to the current location. I would also be required to give solar company, SDG&E and City staff access to my side and backyard 24/7, which is an unnecessary invasion of my privacy. If they stumble and fall or have an accident as a result of an allegedly dangerous condition of my property, they can sue me outside of their workers` compensation plan, and my owner-insurer must pay, then increase my prices or give up my coverage.
Can I ask SDG&E to grant the variance of 4″ based on ADA and severe osteoarthritis I have in my hips and knees? I have had 4 surgeries so far and will soon need a double knee and hip replacement surgery. The DOT ADA Regulation (§ 37.9) describes the process, procedures and requirements for requesting equivalent facilitation for a public transportation facility subject to DOT ADA standards. Deviations from certain provisions of the DOT standards cannot be made without a decision by the administrator of the competent operating authority (for example, the Federal Transit Administration, the Federal Railroad Administration, or the Federal Highway Administration) with the consent of the Assistant Secretary for Transportation Policy. Requests for official findings of equivalent facilities should be addressed to the Bundesanstalt für das Transit. I have been living in a rented apartment in Alameda County, California since 1989. My husband and 91-year-old mother live with me, and they are both disabled. On July 20, our landlord sent us 60 days` notice starting August 1, 2013. She renovates all the units in the building and cannot renovate our unit while it is occupied, so we must leave the building before October 1st. Since my husband and mother are disabled, this limits the choice of accessible apartments we can choose from, so it can take us more than 60 days to find accommodation that suits their needs.
Is there a provision in the ADA that requires the landlord to extend the time we need to find alternative housing because of my husband and mother`s special needs? I am completing the construction of an 18-unit residential building in the city of Los Angeles. I have an ADA compliant elevator that goes up/down the handrail for the entrance to the building. When you`re downstairs, all the mechanical equipment is on the property, but the platform lift enters the city sidewalk when you enter and exit. The elevator is stored at the top when not in use, so the only moment of penetration is in the lower position. Aside from whether the city would allow the interference if allowed, would it result in a violation of the ADA? Is there anything that can be done? The manufacturer told me they couldn`t make a platform that remains exclusively on my side of the property. Thank you in advance for your thoughts. Title III of the ADA requires that all private public housing be accessible to persons with disabilities. Examples of public housing are private, rented or operated facilities such as: The ADA also applies to parking spaces in rental offices. The law requires that a certain number of accessible parking spaces be accessible to vans. The access corridor for a van accessible space must be 96 inches or 8 feet wide.
Standard walkways must be 60 inches or five feet wide. Apartment buildings must also have “Accessible Van” signage in the room. If you don`t have accessible van space on your property, chances are you`re not compliant. A fair housing tester doesn`t need to get out of the car at your property to determine that you`re not complying with fair housing laws. If the elevator invades city property (assuming they allow it), I`m less concerned about an ADA issue than I am about a potential risk of tripping when the elevator is closed.
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