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non conforming not 25 feet from the street. My uncle has since died and my aunt is on dialysis three times a week and needs a ramp. What do we do next?
This is going to be a zoning department issue, not building department. This makes it easier to get a variance, as building codes are hard and fast and no exceptions. Zoning ordinances, however, are more flexible, as they usually don't have to do with safety or structural issues. Setback requirements are there to keep people from building on top of each other. I wonder if anyone has set a precedent in your town with a ramp and a variance?
Under ADA, a private home cannot be forced to install a ramp. BUT Permanent ramps are subject to local building codes whether being constructed in a residential or commercial application. So yes IF you build one, it has to meet the code spec. If the existing building code is too restrictive and would prevent you building a ramp, you challenge the code under "Reasonable Accommodation" for a handicapped person. Generally you WILL get a variance permit. For example, where I live, you cannot ride a golf cart around. BUT my daughter, who had brain cancer, was granted a variance by the police department when I cited "reasonable accommodation" under ADA. The chief agreed that if the cart had seatbelts and a helmet, she could use side streets during daylight hours. She could not go on state or county roads or drive at night. Reasonable.
Ronnie, Linda's right. ADA doesn't govern home ramps, but building and use restrictions established by the local community do. Lawrence is challenging the latter.
ADA doesn't apply to private residences so our homes don't have to be accessible to people with wheelchairs. ADA only applies to public buildings and public housing, such as that which falls under the Fair Housing Act.
llawrence, just to share a bit, the local post office put in a ramp, all concrete with iron railings. It immediately had to be demolished because it was not in compliance with ADA regulations, it was too steep. Make sure the specs are correct.
Seems like a good case for a zoning variance. Your aunt has a life threatening condition, requiring dialysis. She is in a wheelchair and needs the ramp to get to dialysis. The required slope per the International Building Code (which the building department has probably adopted and will be the guidelines they use) is 1 unit vertical to 12 units horizontal, which means this ramp is going to encroach into the 25' setback. You should be able to find the schedule online for the zoning hearing meetings and the deadline to submit your variance application for the next meeting. ADA doesn't come into play with private residences.
Thank you for the responses. You would think that the contractor haa been through this before and that the planning board and building dept would know their jobs. I am meeting with someone next week to have an on site meeting. Thanks.
llawrence you are correct. As a former planner ADA requires that there be a process in place to address the need for ramps, which are required to be in compliance with regulations. This may be through a Variance procedure with the Planning Department where you live. Many governments have the code available online. The company that is building the ramp has most likely had to go through the process before.
llawrence, generally there is an appeals process. neighbors within 250 ft are notified that you are requesting a variance, and if none object, the variance is usually granted. Contact your councilman to discuss the appeal. You have a good basis for appeal, in that the handicapped must have "reasonable accommodation".
We are not compromising the ramp. There is plenty of room for a ramp it is just not within the city's code of 25 feet from the street. There should be something that overrides these codes for the handicapped and elderly.
Contact the building and inspection department of the community, ask what the specific requirements are. You have no choice but to comply with the reqs.
Don't even try to override it; you won't get anywhere.
Ramps need to be built with a specific pitch (rise over the run) and railings, so the best option you have is to comply. The requirements were designed with safety in mind.
Ask the building inspection department for a printout of the specs, and any recommendations he/she might have for other contractors who've built ramps in your community.
Assistive adaptation is not something all contractors do, so you want one with experience in ramp construction.
A skilled and experienced contractor can determine a way to comply if there's an issue with the ramp being too close to the street.
In the meantime, contact the Area Agency on Aging and Google ramp construction for your area. Some DMEs have portable ramps that can be attached while you're working on resolving the issue of a permanent ramp.
The AAA annual expos (in SE Michigan) always include contractors with adaptive device experience. The AAA may have a list that you can contact.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If the existing building code is too restrictive and would prevent you building a ramp, you challenge the code under "Reasonable Accommodation" for a handicapped person. Generally you WILL get a variance permit. For example, where I live, you cannot ride a golf cart around. BUT my daughter, who had brain cancer, was granted a variance by the police department when I cited "reasonable accommodation" under ADA. The chief agreed that if the cart had seatbelts and a helmet, she could use side streets during daylight hours. She could not go on state or county roads or drive at night. Reasonable.
There is a law in the USA that all buildings etc MUST be accessible to people in wheelchairs.
Talk to your Senator and/or Representative, and by all means do notify the local media.
Good luck.
us.yhs4.search.yahoo/yhs/search?hspart=ironsource&hsimp=yhs-fullyhosted_003&type=dsites04_14_24_ff¶m1=1¶m2=sid%3D1c927886384dc35eef36c7454090bd86%26b%3DIE%26ip%3D98.165.62.47%26p%3Dmysearchdial%26x%3DA0481CAB6BA5A7CF%26dt%3DS897%26f%3D4%26a%3Ddsites04_14_24_ff&p=americans+with+disability+act
Don't even try to override it; you won't get anywhere.
Ramps need to be built with a specific pitch (rise over the run) and railings, so the best option you have is to comply. The requirements were designed with safety in mind.
Ask the building inspection department for a printout of the specs, and any recommendations he/she might have for other contractors who've built ramps in your community.
Assistive adaptation is not something all contractors do, so you want one with experience in ramp construction.
A skilled and experienced contractor can determine a way to comply if there's an issue with the ramp being too close to the street.
In the meantime, contact the Area Agency on Aging and Google ramp construction for your area. Some DMEs have portable ramps that can be attached while you're working on resolving the issue of a permanent ramp.
The AAA annual expos (in SE Michigan) always include contractors with adaptive device experience. The AAA may have a list that you can contact.
Good luck.