Businesses in San Bernardino are legally bound to make their businesses compliant to those with impairments or disabilities under the State of California and federal Americans With Disabilities Act (ADA) safety requirements.
The county has issued a notice outlining the ADA Grievance Procedure for filing accessibility violation complaints. Any individual who is keen on filing a complaint against disability access violations found in the services, programs, and activities offered in a city building or public place can address details of the ADA issue to the Public Access ADA Coordinator within 60 days of the alleged violation.
Filing an ADA lawsuit is no longer an isolated event in California, and organizations would do well to ensure that their facilities, buildings, and websites are ADA certified in order to make their business compliant in all aspects.
All businesses, even those that do not serve the public, must comply with accessible design standards when constructing or altering facilities.
Our San Bernardino Certified Access Specialists Experts are educated on the most up-to-date techniques related to the Americans with Disabilities Act per the City and state of San Bernardino California, and can help you avoid costly ADA lawsuits by offering a wide range of ADA Compliance Consultations and Construction Services Including:
Conducting CASp Inspections and1 audits of existing facilities as well as new projects
Designing Handicap Accessible Buildings, Walkways, HandRails, Bathrooms, and More – Per CA ADA Guidelines
Providing technical assistance for Website ADA Accessibility issues
Offering consultation on the best methods for Designing and Managing Buildings, Parking Lots, and More with ADA in Mind
Training staff members on how to comply with the ADA
Conducting training sessions for clients and their employees
Developing ADA Guidelines and Policies related to Disability-Access Issues
Message/call +1-818-805-1915 or email us at (caspinspectors@gmail.com) for hiring our certified access specialist to set up a CASp certified report for your building and parking lot. Our service area includes comprehensive ADA and Division of the State Architect (DSA) services that help clients be compliant with the California Building Standards Code requirements in any city. We specialize in complete compliance inspections for your business operations and will review existing facilities and new construction in the city to ensure they are compliant with the ADA requirements.
Although a building does not automatically qualify to be ADA compliant, you can get approval from a professional certified access specialist for a specific project or building. If you are implicated in an ADA lawsuit that involves paying for damages, this CASp certified report shows the company has agreed to accommodate the required construction safety requirements. CASp Inspectors has its own team of professional certified access specialists who can evaluate your commercial property or building for safety issues connected with the ADA requirements.
Those structures that are constructed or renovated at public entities like schools, community colleges, universities, leased properties, and other services need DSA approval that meets ADA regulations and building standards in California. We are available to review your business site and your development proposal and provide suggestions about ADA compliance in conjunction with any new DSA guidelines.
In 2010, federal judges endorsed the ADA standards for accessible designs. These standards can be adopted immediately but conformity to the standards is compulsory for all public facilities that opened on 15 February 2012. The California Division of State Architects (DSA) adopted this requirement for outdoor school playgrounds.
The regulations do not retroactively apply, but modifications to existing installations are likely to trigger partial compliance requirements.
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Federal law requires employers who employ at least 15 people to not discriminate against applicants and individuals with disabilities by providing reasonable accommodations for equal access. If you are unsure about your business and the ADA, please feel free to reach out to us to discuss your location.
The Americans with Disabilities Act is a Federal civil rights law that prohibits the exclusion of people with disabilities from everyday activities, such as enjoying a meal at a restaurant.
If you operate a Doctor office, Dental office, or similar – you’ll need to make sure you facility accommodates the disabled.
Whether you own the entire stip mall or only one shop in the facility, we’ll work with you to make sure you’re ADA Compliant.
If you own a gas station, you’ll want to make sure your pumps are ADA friendly, as well as parking, bathroom access and more.
Whether you’re a restaurant with an online menu, or run an online ecommerce website, you’ll need to make sure you are ADA compliant.
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All publicly accessible businesses must be disability friendly / accessible.
The authorities have been developing the Americans with Disabilities Act (ADA) Transition Plan for the Public Rights-of-Way in San Bernardino and other areas. This ADA Transition Plan will ensure that public infrastructure in the county is accessible to all. The plan will implement changes and maintain curb ramps, crosswalks, sidewalks, driveway crossings, street crossings, and pedestrian-activated traffic signal systems in compliance with the ADA design requirements. We can offer DSA services at your location in California to get you involved and implement inputs suggested by the ADA Transition Plan so that you are fully qualified to request ADA certification and follow design norms specified by the DSA for your property.
How can a property manager manage public access to a business? Do all public businesses require accessibility compliant status? Unless your business property or building can be accessed by the disabled, you may face up to $10k penalties for not providing equal access.
Most ADA lawsuits begin in the building parking lot of your city since these areas are usually the first places that people visit. We understand the potential ADA issues and risks that your property poses to your parking spaces.
Certified access specialists (CASp) are professionals who have passed exams and possess a state-issued certificate that implies they have the knowledge to review a business facility, schools, and other properties and check whether they comply with state and federal accessibility regulations.
The costs of non-compliance are very high. The average amount of settlement in each instance was the sum of $1 million dollars in the year 2010 alone. In addition to that, there were over 1,000 cases brought against small companies last year in the year alone. And those numbers don't include the thousands of other small lawsuits settled out of the court.
Fines can range from $2,500-$25,000 per day for violations. The fines can be hefty if violations are committed during construction projects.
Yes, there are several advantages of an accessibility check. Under a CASp inspection, you are considered a “qualified defendant.” As a "qualified defendant," statutory damages can be reduced to a minimum of $1000 if you correct violations within 60 days, and a 120-day grace period may apply if your violations are brought into compliance during that time.
Without a CASp inspection, statutory damages of $4,000 under the Unruh Act (Civil Code §52(a)) may be applicable for each instance of a violation. Also, you may have to pay for the plaintiff's attorney fees in addition to these statutory charges.
Construction-related accessibility standards relate to how old your facility is and the date when you did renovation(s).
California businesses that own facilities open to the public built or renovated before January 26, 1992, have to remove barriers to persons with disabilities, provided it is possible to do this. A CASp will tell you when this is possible.
California businesses that own facilities open to the public built or renovated before January 26, 1992, and March 14, 2012, must be in compliance with the 1991 ADA Standards (1991 ADAS).
California businesses that own facilities open to the public and commercial facilities built or renovated on or after March 15, 2012, must be built in compliance with the 2010 ADA Standards (2010 ADAS).
All San Bernardino California businesses that own facilities that are open to the public or commercial facilities are required to be in ADA compliance in the State of California.
To learn more about these requirements, call us now!
The following aspects should be considered when determining whether your organization is in ADA compliance.
Physical Access- Does your establishment allow customers with mobility impairments easy access to restrooms, entries, exits, elevators, ramps, parking spaces, etc.? Many businesses have yet to provide handrails on stairways. Are there signs that indicate which areas can be accessed by wheelchairs?
Communications Access - Can those with hearing loss understand announcements made through speakers? What size font is used in posters, menus, and advertisements?
Program Access - Is it possible for users of screen readers to browse through the website without having to worry about errors? What type of text is available to users? Is the content presented in color?
The accessibility standards must be met. ensures that your facility is safe and comfortable for all those who use it. For instance, if there's no ramp for wheelchairs that leads up to the front door, people using a wheelchair may need to park further away from other drivers. This can pose safety issues because he might get stuck behind cars waiting to be allowed into the parking lot. Also, if there isn't enough space between counters and tables which customers are seated at, customers might feel uncomfortable in a position that is too close to their neighbors.
Additionally, those with disabilities can use public transportation more easily by knowing exactly where the nearest station is. Furthermore, many businesses fail due to a accessibility issues. The ADA mandates that all places of public accommodations provide services to anyone regardless of disability. If these facilities don't meet the accessibility requirements, then they're violating the law.
If you'd like to know more about the benefits of complying with the accessibility requirements, please contact us today!
If you own or operate an enterprise, you're required to be compliant with the ADA. In leased places of public accommodations and commercial properties, both the landlord and the tenant are responsible for ensuring ADA compliance.
Also, under California law, the commercial property owner or landlord is required to state on every rental agreement or lease form executed on or after January 1, 2017, whether or not their premises have been inspected by a CASp.
Our CASp can assist in specifying within the terms of the lease who is responsible for which areas of the facility.
You don't want to be penalized by the U.S. Department of Justice because you didn't meet the standards set by Title III of the Americans With Disabilities Act.
Follow these tips to avoid such a situation:
1. Make sure that your building is compliant with ADA access norms as described above.
2. Verify that your communication tools are compatible with the needs of people who suffer from various types of visual impairments. If, for example, you make use of Braille signage, make sure that the information that is provided by these devices can be easily understood.
3. Consider providing assistive listening devices so that patrons who are deaf can converse with the staff.
4. Give clear instructions on how to contact your customer support representatives. These instructions must cover phone numbers, email addresses, fax numbers, and so on.
5. Be aware of the many ways that people with vision difficulties use technology. Improve access by providing computer terminals and other technologies that can be used by people with such visual impairments.
There are two types of OmniAccess Rider ID cards available for the disabled based on the distance covered and the number of zones the ID card has to cover. For example, a trip limited to zones 1 to 3 costs $3.75 plus $1 for every additional zone included in the ID card.
The OmniAccess services are not limited to specific locations but cover areas from Chino Hills and Ontario in San Bernardino to Yorba Linda in Orange County.
Pregnant workers in Garden Grove, California; La Habra, California; Riverside, CA; Ontario, California; Corona, California; Santa Ana, CA; Norco CA; Redlands, Southern California; Sun City, California; Norco; Garden Grove; Costa Mesa; San Dimas; Rancho Cucamonga; Lake Elsinore; Moreno Valley; Diamond Bar; and Mira Loma can avail of up to 26 weeks of leave in some cases under the Family and Medical Leave Act (FMLA).
Employees can also claim 55% of their base weekly earnings under Short-Term Disability (STD) provisions in case an injury or accident outside work forces them to stay away from their workplace/campus for more than 7 consecutive calendar days.
The OmniAccess curb-to-curb service is a mandated service under ADA rules that provides transport to qualified people with cognitive or physical limitations along the same fixed routes that the Omnitrans public transport operates in San Bernardino.
This service is made available during the same fixed-route operational timings in areas up to 3/4 mile on both sides of an existing Omnitrans bus route. Subscription services for recurring trips as well as single-trip reservation facilities are available.
The DSA’s ADA Program will be responsible for the development and revision of accessibility standards for architectural design. The program evaluates new construction projects, inspections, and audits in order to ensure conformance to these standards and to see whether they are accessible. It provides design assistance for the development of special requirements that allow greater access to handicapped people and monitors the construction plan review process to verify that they are in compliance with the ADA.
ADA management of a public event may include providing advice to people who plan on attending the event with companion animals. This advice on animal behavior could be provided with the help of a certified applied animal behaviorist (CAAB).
Public event announcements must state that the event is accessible and that specific accommodation will be provided to individuals with disabilities. The dissemination of public information through the announcement should also contain a statement (where appropriate) that explains how reasonable accommodation is provided.
The DSA services specialist is responsible for ensuring that buildings are designed and constructed in accordance with the ADA and other accessibility laws. The DSA services specialist works with the architect, owner, contractor, or builder to ensure that accessible elements are integrated into new construction and renovation projects. This includes ensuring that structural changes like changes to hallways, doors, and other structural issues, don’t increase the cost of construction and ensure that accessibility features are maintained through the life of the building.
A DSA services specialist is also responsible for ensuring that all new construction projects adhere to the requirements of state, local, and federal laws in order to meet ADA standards. Consulting with these access specialists help architects, building owners, and contractors identify and evaluate barriers present within the building. These specialists offer their expertise to the owner, small business, architect, or builder to eliminate these barriers. The access specialist can help you understand all available accessibility options.
We can assist you with any ADA-DSA Consultations and Construction requirements needed in the state of California. Please contact us if have any concerns about the accessibility requirements for an area or if you’d like to know more about our services to assist in meeting this requirement.
For more information about our services and qualifications, call us today at (818) 805-1915
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