SUMMARY
The Americans with Disabilities Act (ADA) went into effect on January 26, 1992. The law requires these establishments to remove architectural and communication barriers where “readily achievable”. This means established business must make a good faith effort to accomodate the disabled, which includes the installation of ADA tactile and braille signage for the benefit of the visually impaired.
ENFORCEMENT
The ADA is an extension of the Civil Rights Act of 1964, with similar enforcement provisions, which are as follows:
A. Any person may file a federal lawsuit, either for individual discrimination or as a class action.
B. Any person may request the Department of Justice to investigate and act upon an ADA discrimination claim.
C. The attorney General may also file a civil action suit in cases of general public importance.
LEGAL REMEDIES
The courts can:
A. Order a facility made ADA accessible.
B. Award monetary damages of up to $50,000 for the first ADA violation and $100,000 for each subsequent violation.
BENEFITS
Tax deductions of up to $15,000 for expenses incurred in the removal of architectural barriers are allowed by the IRS.
SECTION 3 – EFFECTIVE DATES AND STANDARDS OF ADA COMPLIANCE
Existing Facilities– Existing facilities defined as public accommodations must take steps to remove “architectural and communications barriers” by January 26, 1992, where such removal is “readily achievable” or “easily accomplishable and able to be carried out without much difficulty or expense”. priority should be given to ADA measures that will enable individuals with disabilities to “get in the front door”, followed by measures providing ADA access to goods and services and providing access to restroom facilities. If physical barrier removal is not “readily achievable”, the facility may be required to take appropriate alternative ADA measures, such as having store employees assist in removing articles from high shelves.
Alterations– alterations to existing facilities defined as public accommodations or commercial facilities must be “readily accessible to and usable by the disabled, to the maximum extent feasible” if the ADA alteration is begun after January 26, 1992. When alterations are made to a “primary functions area,” an accessible path of travel” to the altered area, and the restrooms, telephones and drinking fountains must be made. The additional ADA accessibility costs need not be “disproportionate” relative to the overall alteration.
New Construction– New construction of public accommodations or commercial facilities must be “readily accessible and usable by” the disabled if the facility is first occupied after January 26, 1993, assuming the last official permits were issued after January 26, 1992. The standard of ADA compliance is highest for new construction and is not limited by “disproportionate cost” or “readily achievable” regulations.
1. Lodging
2. Food/drink service
3.Exhibition/entertainment
4. Public gathering
5. Sales/rentals
6. Service
7. Transportation station
8. Public display/collection
9. Recreation
10. Education
11. Social service
12. Exercise/recreation
SECTION 4 - SIGNAGE GUIDELINES (Applicable law sections are 4.30.1 through 4.30.8.)
ADA SIGN REQUIREMENTS BY ADA CLASSIFICATION
Room Identification Signs
Minimum requirements (these are current California rules, and will soon be USA rules as well, although there will be additional rules added): _____________________________________________________________
Tactile Characters
Raised 1/32″
Accompanied by Braille characters: Braille is contracted (Grade 2), has California spacing and height*, is horizontal, is 3/8 inch minimum, 1/2 inch maximum below raised characters.
* California Braille: dots are 1/10 in apart on center, cells are 2/10 in apart on center, second column of dots to first column of dots in next adjacent cell. Dots are minimum 1/40th inch high.
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Typestyles
Upper case & sans serif
Characters contrast with background, light on dark or dark on light, non-glare surfaces
Character width 60-100 percent of height (ratio 3 to 5 – 1 to 1)
Stroke width 10-20 percent of height (ratio 1 to 10 – 1 to 5)
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Character height
Characters 5/8 inch minimum to 2 inches maximum height
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Pictograms
If pictograms are used to identify the room (i.e. gender pictograms for restrooms) they must be in a six inch high space, and the corresponding raised text and braille must be below. _____________________________________________________________
Finish/Contrast of Characters/Background:
Eggshell, or matte non-glare finish 70% contrast between backgrounds
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Placement
Install 60 inches from floor to horizontal center of sign, place so reader can approach within 3 inches and not be hit by swing of a door, or encounter an obstacle. Install, preferably on latch side of door, otherwise on nearest available wall.
Avoids protruding objects
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Permanent Signs
Signs which designate permanent rooms and spaces. Regulations require that ADA signage have raised lettering, Braille and pictograms as well as being mounted in a specific location. Recommended sign types:
Room Identification
Departmental I.D.
Regulatory
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Wayfinding signs and most Regulatory signs (Directional and Informational Signs)
Do not need raised characters or Braille
Characters sized to fit viewing distance, but if they are 80 inches above floor, must be 3 inches high, measured by uppercase character
Characters contrast with background, light on dark or dark on light, non-glare surfaces
Non-decorative type, serifs OK
Character width 60-100 percent of height
Stroke width 10-20 percent of height
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Overhead Signage
Signs which are “Projected or suspended overhead” must meet ADA requirements for:
~ Clearance: Signs that are overhead or projecting must be installed with bottom of sign a minimum of 80 inches from the floor or ground.
~ Characters sized to fit viewing distance, but if they are 80 inches above floor, must be 3 inches high, measured by uppercase character
~ Finish and Contrast: Characters contrast with background, light on dark or dark on light, non-glare surfaces
Non-decorative type, serifs OK
~ Character Proportion: Character width 60-100 percent of height
Stroke width 10-20 percent of height
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Temporary Signage
Building directories, menu boards and all other signs which provide temporary information about rooms and spaces, such as the current occupant’s name, are not required to comply with the ADA guidelines.