California Passes New Construction Regulations to Enhance Accessibility

Construction regulations that will enhance accessibility have been adopted for the 2013 California Building Code. The result is a single set of requirements that meets both state and federal accessibility requirements for the first time ever and enhances accessibility for all Californians.

The Division of the State Architect developed the new regulations. Significant input came from interested parties across the state, including a coalition involving the CalChamber and representatives from a variety of industries, including construction, restaurant, engineering, manufacturing, property management, real estate, local cities and counties, and litigation reform groups.

For more than 20 years, California has developed and maintained its own set of accessibility regulations. While mirroring the federal standards in many instances, the state regulations have been an ever-growing source of costly civil rights litigation that in many instances focused on minute technical differences between the federal and state regulations.

Visit CalChamber.com for the full story, and watch video coverage from the CalChamber News Network.

Positive Changes for Employers on Americans with Disabilities Act in 2013

California employers can expect some positive changes in 2013. The latest CalChamber News segment highlights SB 1186, a bill designed to protect business owners from predatory or frivolous lawsuits under the Americans with Disability Act (ADA).

The law is the bipartisan product authored by Democrat Senate President Pro Tem Darrell Steinberg and recently termed-out Republican Senator Bob Dutton.

California has 40 percent of the nation’s ADA lawsuits but only 12 percent of the country’s disabled population. SB 1186 will provide much needed relief.

Visit CalChamber News for full video coverage. 

Swimming Pool Accessibility Rules Postponed

The U.S. Justice Department (DOJ) postponed the implementation of rules on disabled access to commercial swimming pools under the Americans with Disabilities Act (ADA). The DOJ announced that existing facilities do not have to be equipped with handicapped-accessible entry until Jan. 31, 2013. This is the third extension of the compliance deadline.

The DOJ took hotels, community pools, water parks, and health clubs by surprise early this year when it issued a technical guidance that required fixed, built-in pool lifts for the disabled at existing pools.

Previously, the understanding was that fixed pool lifts would only be required at newly constructed pools. The fixed pool lift requirement raised concerns over safety (children diving off the lifts), costs and ability to comply within the timeframe provided.

Fixed lifts often require extensive construction and electrical work. Concern was also expressed over whether an adequate supply of pool lifts was available. A groundswell of complaints flooded in from hoteliers and others who operate commercial swimming pools.

The extension applies only to existing swimming pools, wading pools and spas. It does not apply to pools and spas that are being newly constructed or altered. Newly constructed pools or altered facilities are subject to a March 15, 2012, compliance deadline.

The DOJ also issued a new guidance document related to its interpretation of the requirements for pool and spa accessibility.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

 

Company Wins Disability Accommodation Case

In a recently decided case (Mundy v. Pro-Thro Enterprises, 192 Cal.App.4th Supp. 1 (2011)), Thomas Mundy, who is confined to a wheelchair, claimed violation of disability-related laws because he could not see himself in the restroom mirror at a car wash he patronized.

The court of appeal upheld the lower court’s dismissal of the case, finding that Mundy failed to prove that he suffered any actual injury, embarrassment, humiliation or discomfort as a result of the inability to use the restroom mirror.

The requirement to prove actual injury is found in statutes that were effective January 1, 2009. These amendments to the law provide equal access for the disabled and protection for businesses from litigation abuse.*

Mundy admitted that he is unemployed, yet earned income of more than $100,000 in 2009 from disability litigation. His "job" is to visit businesses, look for violations of state and federal disability access laws and file lawsuits against those businesses.

Mundy appealed the introduction at trial of his earnings from disability-related lawsuits, but the appeal was dismissed because he failed to properly raise the issue at trial. The court added that even if the evidence was inadmissible, Mundy could not show the required actual injury, and the admissibility of the evidence was moot. The court also ordered Mundy to pay the company its costs for the appeal.

The court noted that Mundy did not bring the problem with the height of the restroom mirror to the company's attention on the day he visited the car wash. After Mundy’s complaint was filed, the company installed a full-length mirror in the restroom.

Susan Kemp, CalChamber Senior Employment Law Counsel

*CalChamber members get exclusive access to HRCalifornia's Law Library, which includes a detailed section on accessibility laws and employer obligations. Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial.

Panel Discussion on Service Animals

The State Board of Guide Dogs for the Blind will host a panel discussion on the service animal regulation changes in the Americans with Disabilities Act (ADA) set to take effect in March 2011.

The informational event allows business owners who serve the public to ask questions on the new rules ("emotional support" animals will not be considered service animals), and rights and responsibilities for businesses in accommodating service animals (which will now be limited to dogs and, in some cases, miniature horses).*

A comparison of the new federal rules to state service animal access laws also will be discussed. The panel discussion will take place on February 23 from 9 a.m. to noon at the Department of Consumer Affairs on North Market Blvd., Sacramento. Panelists from the U.S. Department of Justice and Disability Rights California will answer questions after the discussion.

A live webcast of the event also will be available at www.dca.ca.gov.  

Courtesy of Alert, from CalChamber

* CalChamber members can learn more about issues related to accessibility laws and persons with disabilities from the Accessibility section of HRCalifornia's Law Library. Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial.