Renovating a Building? Don't Forget the Americans with Disabilities Act!

Are you renovating a commercial or government building? Don't forget the requirements in the Americans with Disabilities Act (ADA)!

In the 2010 ADA Standards, § 36.403, Alterations: Path of travel (a) General, states,

“(1) An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.

Item g (2), under Disproportionality, states, “In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:

(i) An accessible entrance;

(ii) An accessible route to the altered area;

(iii) At least one accessible restroom for each sex or a single unisex restroom;

(iv) Accessible telephones;

(v) Accessible drinking fountains; and

(vi) When possible, additional accessible elements such as parking, storage, and alarms.”

In summary, if your are remodeling or renovating a commercial or government building, the ADA laws are clear that providing access to the disabled community is a high priority that cannot be forgotten or dismissed. Owners and tenants in commercial or government buildings share equal responsibility for the application of the ADA laws to the facility and site. Failure to comply with the ADA laws can result in a significant lawsuit and oversite provisions from the US Department of Justice.

If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

Thank you,