Safety / ADA

We offer pre-purchase, due diligence inspections and consultation to commercial property buyers and NNN lease inspections for prospective tenants. Our inspections can include these areas:

  • ADA
  • Fire
  • Fire door
  • Balcony, deck and railing
  • Evacuation route plans
  • Employer health and safety plans

 

What ADA standard applies?

Commercial building owners or prospective owners of Title III facilities should be aware of ADA Compliance requirements for building alterations.

  • On or after 1/26/1993                     The applicable standard is 1991.
  • On or after 3/15/2012                     The applicable standard is 2010.

* Facilities which are fully compliant with the 1991 Standard as of March 15, 2012, are not required to make further modifications to conform to the 2010 ADA Standard, except for alterations made after March 15, 2012.

* Facilities which were constructed or altered between September 15, 2010 and March 15, 2012, have the option  to meet fully, either the 1991 Standard or the 2010 Standard.

* Facilities constructed or altered after March 15, 2012, must meet the 2010 ADA Standard.

* Existing facilities, regardless of age, which were not compliant with the 1991 Standard, must come into compliance with the 2010 Standard.  There is no grandfather clause for older buildings; however, there are accommodations for registered historic buildings and churches.

What is an “alteration”?

Remodeling, renovation, structural changes, wall changes, reconstruction, historic restoration or other building modification requiring a permit.  It is important to note parking lot repairs or re-striping will trigger updates to meet the 2010 parking standard.

Common compliance upgrades can include:

  • Automatic door closers
  • Installation of handrail extensions
  • Upgrade van accessible spaces to one in six versus one in eight
  • Fire doors
  • Ramps
  • Accessible upgrades to swimming pools such as pool lifts, sloped entries, transfer walls/systems.

Visit www.ADAConsultant.Guru for more information from our certified ICC Accessibility Inspector/ Plans Examiner and Certified Safety Professional (CSP).

Why is this important in a pre-purchase, due diligence property inspection?

1 First, contrary to popular opinion, buildings are not “grandfathered” and you may be inheriting a facility which is in non-compliance to the ADA Standard. As the new owner, you may be forced to bring the facility into compliance and possibly be fined.

 

2Second, perhaps the parking lot needs repairs or re-striping. You will now need to meet the updated parking requirements for the 2010 Standard. Or, the light switches in the building are 54” and need to meet 48” height restriction, door closers are needed, restroom facilities need upgraded and a host of other barriers may be needed.

ADA Standards for Accessible Design 4.1.2(5)

Total Number of Parking Spaces Provided (per lot)

(Column A)
Total Minimum Number of Accessible Parking Spaces (60″ & 96″ aisles)

Van-Accessible Parking Spaces with min. 96″ wide access aisle

Accessible Parking Spaces with min. 60″ wide access aisle

1 to 25

1

1

0

26 to 50

2

1

1

51 to 75

3

1

2

76 to 100

4

1

3

101 to 150

5

1

4

151 to 200

6

1

5

201 to 300

7

1

6

301 to 400

8

1

7

401 to 500

9

2

7

501 to 1000

2% of total parking provided in each lot

1/8 of Column A*

7/8 of Column A**

3Third, the ADA is not a building code – it is Civil Rights legislation enacted by Congress and the guidelines and enforcement is ultimately administered by the US Department of Justice.

 


 

ada

 

Safety Compliance Audits

randomSafety Compliance Audits benefit all parties.  Stakeholders are assured, employers receive valuable notice of potential risks, employees receive the benefit of a safe work place, and patrons enjoy a secure establishment.

Building owners may learn of tenant behavior which may be detrimental to health and safety or who may be placing the owner at risk. Lenders, investors, or other stakeholders have the right to know their investment is protected.  Insurance carriers have the right to deny claims for unknown or unsafe work practices.

Building owners should be aware that claims for “premises liability” are always filed against both the business/tenant and the owner.

expert testimony

Site Specific Safety Plans

riskIf you are building a new facility, you may be at risk should your contractor or subcontractors fail to provide a safe working environment.  OSHA requires all construction workers to have training in accordance to the duty assignment.  Most workers, at a minimum, must have a 30 hour safety course.  Owners are far too lax in safety oversight of their contractors and this oversight can lead to risk of claims from injuries or denied insurance coverage for unsafe working conditions.

Owner conducted safety inspections will not only protect you from risk, it may provide safe harbor in the event of a claim.  Make sure your project has a qualified Site Specific Safety Plan and competent oversight for your protection.  The project owner is always ultimately responsible for safety.

 Site Safety Officer

 Contact us for a free consultation.  No firm in central Florida is more qualified to protect you.

  • Board Certified Safety Professional
  • Certified General Contractor
  • Certified Construction Manager
  • Licensed Pollutant Storage Systems Contractor
  • Certified Underground Utilities Contractor
  • Board Certified Indoor Environmental Consultant
  • Over 37 years of experience
  • $1 million E&O Insurance


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