[WSBARP] ADA disclaimer

[Craig Gourley]

Thank you Scott.  I’ll have my builder check with the City to see if they have any input.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Friday, May 20, 2016 7:03 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] ADA disclaimer


Seems like this is a building code issue, and not so much an ADA issue.  See, WAC 51-50-005 which adopts the International Building Code requirements for barrier-free access.  See also Chapter 70.92 RCW (a single family home is an R-3).  Assuming the work will be performed pursuant to a building permit, it seems like the question is whether the local government that inspects the building will require all handicapped facilities to comply with the state building code requirements for handicapped facilities, even though the facilities are not required by the building code.  To illustrate, does a handicapped ramp have to meet the maximum slope requirements for a handicapped ramp even though a handicapped ramp is not required in a single family residence?  And by the way, Washington's requirements used to be more strict than the ADA requirements, although i don't know if that is still true.
On May 20, 2016 at 5:10 PM Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>> wrote:

Listmates,  I have a builder client that has a spec home that is being sold to a disabled person.  He has agreed to put in ramps and wider doors but wants to document that he is not building this home to ADA standards and disclaim liability for not meeting ADA standards.   Disclaiming ADA compliance is uncharted territory for me.  Seems like you should be able to do so  but …………….    Any thoughts??



Gourley Law Group

Snohomish Escrow

The Exchange Connection



1002 10th Street / PO Box 1091

Snohomish, WA 98291



360.568.5065

360.568.8092  fax

Craig at glgmail.com<mailto:Craig at glgmail.com>




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