REPORT-N-949XX

12/01/2004
Subj: Re: Accessibility Complaint
Date: 12/1/2004
From: rmskaff@comcast.net
To: raveriet@ci.novato.ca.us, karen.panian@target.com

12/1/04

Mr. Averiette
Chief Building Official
City of Novato

Mr. Averiette,

I'm so please to read that you now recognize that there are, in fact, access code violations in the Target store in the Vintage Oaks Shopping Center. I didn't make a list the last time I visited the store, but know that the items you have listed are, at the very minimum, existing violations.

My question to you at this point is why you are asking the store to provide you with a time frame for the correction of the violations? I have always understood that it was the responsibility of the building official to make that decision, especially when we have State regulations that require correction of access violations within 90 days of the determination that access code violations exist.

In one of my most recent emails, I also raised the question about the need for detectable warning materials (truncated domes) at the entrance sidewalk area to Target. I have never received a response from you about that. Didn't Target modify the sidewalk when the building remodel was done in the last year or two? Is the store responsible or the shopping center owner?



----- Original Message -----
From: Ron Averiette
To: karen.panian@target.com
Cc: rmskaff@comcast.net ; ddenaut@cbre.com ; Robert Geno
Sent: Monday, November 29, 2004 1:07 PM
Subject: Accessibility Complaint

Ms. Karen Panian

Hope you had a nice holiday. As a follow up to our phone conversation, a review of the interior of the Targe store at the Vintage Oaks Shopping Center in Novato, CA was completed and the following violations of the California Building Code (CBC) were observed:

1. Checkstands: The required three accessible checkstands ( regular check stands exceed nine so three are required to be accessible) do not have required symbol and signage, including the wording "This checkstand to be open at all times for customers with disabilities" (Section 1110B1.3 CBC) This would include the express or quick checkstand.

2. In the mens restroom, the flush handle on the accessible water closet in the bathroom is not on the wide side of the toilet. (Section 1115B.2.1.2 CBC) Please note the womens restroom was not checked due to the volume of customers at the time of the inspection, so there may be a similar violation in the women's accessible stall.

3. The bottom edge of the mirror (not frame) on the wall in the men's restroom above the accessible lavatory fixture, exceeds the maximum height of 40 inches from the floor. (Section 1115B.9.1 CBC) See note above regarding the women's restroom.

4. The signage on both restrooms doors do not meet code requirements of a triangle sign for the men's and a circle for the women's (Section 1115B.5 CBC) and the required wall signs on the latch side of the doors (Section 1117B.5.7 CBC)

5. The color of the symbol on the existing signs is not white on blue (blue to be equal to Color No. 15090 in Federal Standard 595b) and I can not locate in our records a request by Target to have the white on red approved for use. (Section 1117B.5.8.1.1 CBC)
If you wish to use the white on red for purposes of maintaining the white and red decor, please make a formal request so we may review and approve your request under the exception portion of the above code section and have such approval in both our records.


Please provide a reasonable time frame on having the above violations corrected,but in no case later than 90 days from todays date so we can be in compliance with California Govenment Code Section 4452.

If you have any questions please contact me by email or at 415 897-4335.

Thank you
Ron Averiette
Chief Building Official
City of Novato