One of the critical considerations when constructing a building or improving already existing infrastructure is making sure it is accessible to everyone. In the United States, an existing law mandates that buildings and facilities must be accessible to people with disabilities. This is known as the Americans with Disabilities Act (ADA).
With this act, there is also a corresponding set of standards imposed under the ADA, which applies to commercial facilities, public spaces, and government establishments to be constructed or in the works for renovation and improvements. These standards are based on the minimal guidelines imposed by the Access Board, in cooperation with the DOJ and DOT.
If you are in the construction business and is about to commence a construction project or is planning to make changes or adjustment to a present establishment, here is a checklist of things you need to consider so that your property complies with the ADA:
- Get the right people to assist you in complying with the ADA.
The ADA Standards is a stringent set of rules that may need people who are well versed with the law and the right approach when dealing with bottlenecks concerning compliance with such standards.
Under federal laws, the ADA is mandated to be strictly implemented, both in the old and the new construction projects. Some federal agents conduct inspections to check the building’s accessibility features for existing infrastructures. Congress has enacted the Construction-Related Accessible Design Standards Act of 2008 (CRAD) as guidelines for newly funded construction projects.
For your establishment not to be caught off-guard with these inspections, you may need to be one step ahead by availing ADA compliance consultation services from experts. If you are within Los Angeles, CA, CASP Inspectors specializes in examining commercial and residential buildings. To know more about this company, you may head to their website: https://caspinspectors.com/.
- Know the nature of your property.
As mentioned, all infrastructures are required to comply with the ADA standards, mainly if your property falls under these categories: (a) public accommodation, (b) commercial facilities, (c) government facilities, and (d) transportation facilities.
It is also important to consider that the ADA has different requirements for local governments, apart from public accommodations. The latter consists of businesses and organizations (mainly non-profit) to serve the public. For state and local governments, the ADA gives specific obligations for accessibility to people with disabilities.
Older buildings may need to be renovated to answer these specific obligations. If the building is beyond repair, it may need to be demolished and replaced with a new one. As state and local government infrastructures are imbued with a public interest, the burden is heavier on them compared to public accommodations wherein the standards only require “readily achievable barrier removal.”
- Conduct an assessment to determine the accessibility of your property.
The best way to ensure that your property complies with the ADA standards is to self-evaluate the building or establishment. This assessment may need to employ two people: one who will do the measurements and take note of the achievable barriers that you may remove to accommodate persons of disabilities, and one who gathers information for documentation such as taking photos of the area.
In determining the accessibility of the property, you may need to take note of these four priority points as outlined by the DOJ under the ADA Guidelines:
- Accessible entrance
- Accessibility to goods and services
- Access to a public restroom
- Access to other general items such as fountains or public phones
- Be aware of compliance dates.
It is also crucial to know when improvements or alterations of the buildings are implemented to determine which applicable ADA standards you may follow for compliance. As of the moment, the latest updated ADA Standards were published in 2010.
If you did construction or building renovations after July 26, 1992, before September 15, 2010, these alterations must comply with the ADA 1991 Standards or Uniform Federal Accessibility Standards (UFAS). If implemented on or after September 15, 2010, and before March 15, 2012, you may follow the 1991 Standards, UFAS, or 2010 Standards. Alterations that are done on or after March 15, 2012, follow the 2010 Standards.
- Know the implications of not abiding with ADA rules and regulations.
As emphasized earlier, the ADA rules and regulations are mandated to provide equal access to all individuals, especially to persons with disabilities. Non-compliance with the ADA rules subjects the establishment or business entity to legal consequences and how the public may perceive your property.
Under federal law, duly authorized government agents may impose a fine on your business or real property from $75 000 to $150 000, depending on additional violations. Non-compliance with the ADA may also open your property to lawsuits, action for damages and personal injury, and civil penalties.
The most damaging consequence that may fall upon your establishment if you deliberately violate the ADA rules is its impact on your business reputation. Not only will you lose the patronage of persons with disabilities, but it may also leave an impression that your brand or venture is not an inclusive establishment and displays unethical practices.
Takeaway
Including equal access as a primary objective when laying out your construction plans or alterations not only shows how you, as an entity, honor the rules and regulations provided by the law. It also gives the impression that your business or establishment cares.