Contractor Talk - Professional Construction and Remodeling Forum banner
1 - 20 of 62 Posts

·
Registered
Joined
·
1,617 Posts
Discussion Starter · #1 ·
So … we’re on another initiative at work to discover and correct ADA accessibility issues. Witch hunt is more like it. We have engaged an outside architectural firm to survey the properties and create a report on what isn’t right. Then i get to make corrections.

Some findings are real and understandable. No problem there. Sometimes we get busted cuz the occupants have moved a trash can into the accessible path. Or in the restroom where they have a case of TP in the corner and it overlaps the lav clearance area. The consultant applies no common sense: if it’s wrong it’s a violation.

And this is one of the things i have to correct. ADA reads that the max height of a light switch is 48” … so this is a violation.

Thermometer Rectangle Measuring instrument Tape measure Temperature
 

·
Capra Aegagrus
Remodeler
Joined
·
26,260 Posts
Center of the switch is under 48", so common sense says it should be okay. Obviously an interpretation issue, unless the rule actually states that the top of the switch toggle must be not more than 48". Or that the entire body of the switch must lie below that line.

Sounds like the archi firm is reaching a bit to justify their fee.
 

·
Registered
General Contractor - Residential
Joined
·
705 Posts
Total stupidity. The firm is looking for anything to justify their existence.

Any common sense person would see that that switch was installed with the 48” in mind. The switch is centered on 48.

On a positive note it’s job security for you
 

·
Registered
Joined
·
1,617 Posts
Discussion Starter · #5 ·
Actually … ADA section says not higher than, and not lower than. So the lawyers we consult are saying you had a range of dimensions to hit, you should have been conservative and put the center at 47” to allow for construction tolerances. Problem is the crazies who go around looking for reasons to file a suit. In this case, a person has to touch the top of the switch to turn it off … and the top is higher than 48”.
 

·
Registered
General Contractor - Residential
Joined
·
705 Posts
Actually … ADA section says not higher than, and not lower than. So the lawyers we consult are saying you had a range of dimensions to hit, you should have been conservative and put the center at 47” to allow for construction tolerances. Problem is the crazies who go around looking for reasons to file a suit. In this case, a person has to touch the top of the switch to turn it off … and the top is higher than 48”.
The “sue mcdonalds over hot coffee” crazies.
 

·
Registered
Joined
·
1,617 Posts
Discussion Starter · #7 ·
Yeah. So now i have to hire a sheetrocker, an electrician and a painter. And since the wires are in either emt or bx …

I have another issue at the same building that i am going to push back on. Wall mount t-stat the kind the fits in a switch box and has a dial on the front. Center of the dial is 48” so obviously the top is about 48-1/2”. But … aha! … the bottom of the dial is about 47-1/2” and you can change the temp by touching the bottom of the circle.
 

·
Registered
General Contractor - Residential
Joined
·
705 Posts
Yeah. So now i have to hire a sheetrocker, an electrician and a painter. And since the wires are in either emt or bx …

I have another issue at the same building that i am going to push back on. Wall mount t-stat the kind the fits in a switch box and has a dial on the front. Center of the dial is 48” so obviously the top is about 48-1/2”. But … aha! … the bottom of the dial is about 47-1/2” and you can change the temp by touching the bottom of the circle.
I like that angle of push back
 

·
Registered
GC
Joined
·
1,804 Posts
Actually … ADA section says not higher than, and not lower than. So the lawyers we consult are saying you had a range of dimensions to hit, you should have been conservative and put the center at 47” to allow for construction tolerances. Problem is the crazies who go around looking for reasons to file a suit. In this case, a person has to touch the top of the switch to turn it off … and the top is higher than 48”.
Replace it with a switch outlet combo and mount it with the switch on the bottom.
 

·
Registered
Joined
·
681 Posts
So now i have to hire a sheetrocker, an electrician and a painter. And since the wires are in either emt or bx …
Nah.. use your creativity. Get one of these
White Font Tire Technology Machine
White Font Tire Technology Machine

Then get the cover plate for it and a blank plate. Use the plate to draw and cut out only the lower hole in the blank plate. Voila. Lower and all legal.
 

·
Registered
Joined
·
681 Posts
Well, Pounder beat me to it by a few minutes but that's because I also came up with a solution for the plate. In case you don't want the receptacle. :)
 

·
Administrator
Sawdust follows Me Everywhere
Joined
·
65,496 Posts

·
Kowboy
Joined
·
3,025 Posts
The “sue mcdonalds over hot coffee” crazies.
You need to do a bit more research. The coffee in question was not at the machine manufacturer's recommended temperature. The woman offered to settle for her hospital bills, but some dumbass at Mickey D's decided to f$%k with the wrong little old lady.

And an attitude change toward the ADA is in order here also. These aren't mere code violations, this is civil rights law. The building code dictates the position and size of your business's sign out front. Civil rights law keeps you from putting "Whites only"on the sign.

A professional contractor has an obligation to know and obey the rules. I don't wanna hear the whiney-boy hacks that don't.
 
1 - 20 of 62 Posts
Top