ADA Build Enforcement and Scoping

ADA Build-it-Right
Enforcement and Scoping

The specifications are the easy part, much more complex is who enforces the specifications, and which specification applies to which facility or building (scoping). Scoping is so complex that it is important to rely on code and design professionals. (Scoping is finding out which class of specification (or code) applies to your specific construction project). Incorrect scoping is a common pitfall of inexperienced disability advocates. When one complains it is important to be accurate in which specification document (code) applies to the facility in question.

Generally the ADAAG specifications are enforced by the US Department of Justice (DOJ) from a discrimination/civil rights viewpoint. Unless the ADAAG is specifically referenced by state and local codes it IS NOT enforced by local building officials.

The state and local codes are enforced by local building officials for new construction and major remodeling. And the enforcement period is short -- from the initial plan review before the building permit is issued and ends soon after the final inspection is completed and the occupancy permit is issued. Enforcement tends to be better in new construction.

There is a gap in enforcement after final inspection until any complaints are filed with the US DOJ. In many cases minor modifications and reconfiguration may occur without obtaining a building permit that cause a facility to be out of compliance with the specifications.

Local Building Official Enforcement:

For new construction this is the most effective enforcement since the facility cannot obtain the final occupancy permit until all code issues are signed off. However the building inspectors are very busy and have varying knowledge about the disability access portion of the building codes. Since access is about 2-3% of the complete inspection job errors can slip through. (ADA Build it right is dedicated to reducing disability access inspection errors).

I have had good luck with my local building officials in correcting errors even soon after the project received final inspection. But the best time to catch inspection omissions is before final inspection since the inspectors have maximum power before the occupancy permit is issued. Individual citizens calling the building department about a project must be specific and accurate in when communicating.

U.S. Department of Justice Enforcement:

Any individual may file a complaint with the US DOJ. ADA Build it Right strongly suggests that you first contact the manager of the facility and in a friendly tone talk about the issue and see if it can be resolved locally.

Complaints about violations of Title II by units of State and local government or violations of Title III by public accommodations and commercial facilities (private businesses and non-profit service providers) should be filed with the Department of Justice. If you file a DOJ complant, it is strongly recommended that you specify the ADA Mediation Program. Through this program, the DOJ refers appropriate ADA disputes to mediators at no cost to the parties. The mediators in the Department of Justice program are professional mediators who have been trained in the legal requirements of the ADA by the Key Bridge Foundation. The Department's program has already resolved many ADA disputes quickly and effectively.

All complaints result in a letter to the facility in question from the DOJ stating that a complaint has been filed and requests the site to voluntarily do what is necessary to comply with the specification in question.

The complaint is filed in an DOJ database which is analyzed for persistent patterns of non-compliance by an organization or class of facility. Blatant non-compliance is aggressively investigated and prosecuted. Mediation is used first. Usually both parties reach a "consent agreement" where specific compliances are completed on a schedule rectifying. In rare cases a consent agreement is not reached in which case the courts will adjudicate.

Consent agreements make interesting reading. http://www.usdoj.gov/crt/ada/settlemt.htm Sometimes finding a consent agreement on a specific issue and informing the non-compliant party will get action more directly.

More Details are available at the following links.

Americans With Disabilities Act Accessibility Requirements

DOJ Guide to Disability Rights - a brief description of the categories of facilities the federal laws cover.