Are Timeshares Subject to the ADA?

The new DOJ standard that becomes effective in March 2012 and the Access Board’s guidelines with an effective date of September 2004 are the same document.  In the documents there is a section called ‘Define Terms’ and we have some changes:

a)     Residential Dwelling Unit

A unit intended to be used as a residence that is primarily long-term in nature.  Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctional facilities.

b)     Transient Lodging

A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature.  Transient lodging does not include residential dwelling units intended to be used as a residence, inpatient medical care facilities, licensed long-term care facilities, detention or correctional facilities, or private buildings or facilities’ that contain not more than five rooms for rent or hire and that are actually occupied by the proprietor as the residence of such proprietor.

There it is, in the definition.  Timeshares function as primarily short-term in nature so they are transient lodging; And, the jurisdiction for transient lodging is the American with Disabilities Amendments Act (ADA).

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  http://www.accessts.net/.

Upcoming Changes at ACCESS

There are changes happening at ACCESS.  We have been getting our feet wet this past year with a marketing program of our architectural accessibility building compliance program for people in wheelchairs.  It has been successful in that we now have over 500 in our data base.  As we start our second year of marketing through our social media network with a  goal of reaching 5,000 in our date base, we are currently in talks with some experts in Internet marketing.

All I can really say at this point is that expect some changes.  There are times in the business world when experts are needed to get the message out to the right people as we do have the greatest program for helping to get buildings ADA compliant.  It is a turn-key program from start to finish, the finish being when we sign that building ADA certification declaring that the building is now ADA compliant.

Our message is clear and specific.  We will assist in getting buildings ADA compliant, one building at a time.  We have a commitment to make it happen at no cost for our professional architectural services because it is an expert work product; all fees and costs are paid for by the building owner because his building was not ADA compliant.  We need to spread the word, so that everyone can avail themselves of our free services.

Tell your friends, become an advocate and together we can get all buildings ADA compliant.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Making America More Accessible One Building at a Time

We are really sorry that we could not help Michael.  We really tried.  It was a condominium in Florida and the issue was the pool area was not accessible.  We wrote opinion letters and strategy letters concerning the technical issues of the Fair Housing Amendment Act, the American with Disabilities Amendment Act and the American National Standard Institute. 


We sent the above mentioned letters to the first litigating attorney, then a second and finally a third.  We were unable to find a litigating attorney that would take the case, based on the lack of documented case law.  Attorneys love case law and there is NO case law on this subject; and ACCESS knew this going in.  ACCESS believes that no individual should be discriminated against on the basis of a 'disability' in the full and equal enjoyment of the goods, services, faculties, privileges, advantages, or accommodations of any place of public accommodation.  We went in eyes wide open with the intent of helping Michael with his condominium's accessibility challenges.


The architects at ACCESS have for the past 20 years specialized in building accessibility and today we are bringing that knowledge directly to wheelchair users like Michael.  Michael's file has not been closed, it has been put on hold until we have similar cases pending in other States.  Once that happens, we will revisit Michael's case and move forward in assisting him to enjoy the perks of his condominium's amenities.


We're here to help, one building at a time.


Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.


Hank



The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

US Department of Justice Standards - Effective March 2012

We are receiving questions about the U.S. Department of Justice (DOJ) standard that is becoming effective in March of 2012.  Here are some facts that may help answer some questions:

1. The DOJ is the enforcement agency for the Americans with Disabilities Amendments Act (ADA) of 2008, with an effective date of January 1, 2009.
2. The DOJ enforcement of the ADA comes from an executive order.
3. The executive order requires the DOJ to use its standard in their enforcement of the ADA.

So the question now is where does this DOJ The ADA Amendments Act of 2008 in Chapter 126, Section 1201 and (b) is Purpose where the purposes of this Act are (4) standard comes from?

1. There is a U.S. Government agency call the Architectural and Transportation Barriers Compliance Board (Access Board).
2. The Access Board is the agency that writes the safe harbor for the design and construction of buildings to be in compliance with the ADA.
3. The Access Board published a document in the Federal Register called the ADA and ABA Accessibility Guidelines; Final Rule on July 23, 2004 with an effective date of September 21, 2004.
4. The DOJ now is required to take this Access Board document and make that document its standard.

I know, we have an Access Board document of 2004 and now we have a DOJ document that say the very same thing with a 2012 date, and if my math is correct, that is EIGHT (8) years later!

1. DOJ must jump through the same “hoops” that the Access Board already did, such as having has having hearings, get input form the community, sending their document to the office of Management and Budget (OMB).
2. The DOJ then publishes its document and call it a standard; and tell everyone that it will start enforcing their standard a year and half later, and that is March 2012.
3. The Access Board, the DOJ, we at ACCESS know the system is broken, and by now maybe the whole country; but, this is our U.S. Government in “action!”  Or, “in action”.

The work product of ACCESS has always been based upon the Guidelines of the Access Board.  Current standards being use since 2004 is the Access Board document of July 23, 2004 with an effective date of September 21, 2004; which is the very same DOJ standard of March 2012.

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Building Compliance With the ADA is Just Black and White.

There is no mystery.  The ADA has been here for 20 years and the ADA Amendments Act since 2008.  Building owners are either in ADA compliance or not in ADA compliance.  Let me step back a minute.

When I use or refer to ADA it is the Americans with Disabilities Amendments Act of 2008 with an effective date of January 1, 2009.  There is a strange situation with the ADA.  Nowhere have I seen where it says the ADA of 1990 has been replaced by the ADA of 2008.  But, really, that is what has happened.  The big change is the numbering system and a more definitive explanation of who is disabled.  The result is more people fall under the umbrella of being disabled.  Age is not mentioned and it is obvious that as our population ages we will have more people that will fall under the umbrella of being disabled. 

So, what does all this mean to building owners?

Get your act together and get your building ADA compliant.  Yes, it will cost money.  The cost of a lawsuit will also cost money.  That cost could be a quarter of a million dollars and not a penny going into getting your building ADA compliant.  Most architects and contractors solutions are the same.  They have been using the same formula for years and were not, and still not as of today, in ADA compliant.

As an architect, what upsets me the most is when I see building owners spend money for ADA compliance and do not get it.  The U.S. Department of Justice (DOJ) says that they are seeing more litigation each year.  We now have law firms that specialize in ADA building non-compliance.  If your building is not compliant, you may be next in line for that ADA building non-compliance complaint. 

For more than a year now we have been offering our professional accessibility architectural service to the wheelchair users to file ADA non-compliant building complaints free of charge.  ACCESS enjoys our work with the wheelchair user community.  We are at you service and welcome all inquiries.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

More Findings on Private and Public Areas (Condominiums)

36 CFR Parts 1190 and 1191; Federal Register / Vol. 69, No. 141 / Friday, July 23, 2004 / Rules and Regulations page 44084 have the following sentence:

“The ADA applies to places of public accommodation, commercial facilities, and State and local government facilities.”

In the ADA of 1990 commercial facilities are Title II and State and local government facilities are Title III.  So what are places of public accommodations?

In the opinion of ACCESS, these public accommodations are public amenities within a building, in a separate building or on the site that are not in the private areas of the building.  The private area of a building is the space inside ones front door.  In the case of a condominium, it would be all the common areas on the other side of ones front door.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

Wheelchair Users in Condominiums Are Being Stiffed Regarding Common Area Accessibility

The purpose of the Americans with Disabilities Act (ADA) is to prevent discrimination especially in Civil Rights Law.  These building accessibility requirements are addressed in the Civil Right Laws of the Fair Housing Act (FHA) of 1968 and 1988 plus the ADA of 1990 and 2008. 

In the early 1990's, the Ingersoll case is especially interesting.  Marriott was concerned about its time shares.  Was the jurisdiction FHA, ADA or both?

The ruling by the Federal Judge was ADA.  The reasoning was they operated and functioned more like hotels than residences.  Condominiums are a little more of a challenge.  It's obvious that inside the unit (ACCESS calls this "private space"), the jurisdiction is FHA.  But, what about the accessible route to and around the building, the common areas within the building, and outside the building?  These areas (ACCESS calls "public areas") are available to all owners or renters.  The common areas really operate and function more like public areas of buildings, therefore, in the opinion of ACCESS, are public areas.

There is jurisdiction in the ADA Amendment Act of 2008 that addresses housing in Title 42, Chapter 126, Section 12101 (a) (3); and it is here, in the opinion of ACCESS, where the jurisdiction for the condominiums accessible routes and common areas requirements are those of the ADA.  Those building requirements of the ADA are called guidelines.  These guidelines and ANSI are 95% the same; so, they are both on the same track.

The difference is that ANSI is enforced by building officials.  ANSI has been around since the early 1960's.  Forty years later, we get the ADA, a Civil Right Law addressing building accessibility for the disabled with enforcement by Federal Judges.  This resulted in uniform building accessibility with real enforcement.  In the opinion of ACCESS, this is what is really needed today in housing as it pertains to condominiums and apartments.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.