National ADA Accessibility Compliance Network

July 26, 2010 marked 20 years since President George H.W. Bush signed the Americans with Disabilities Act into law. The Americans with Disabilities Act, often referred to as the ADA, is a landmark piece of legislation whose main purpose is to provide protection from discrimination to individuals with disabilities and reduce or eliminate many of the barriers that those with disabilities face on a day-to-day basis.

National ADA Accessibility Compliance Network (NADAACN) promotes public access for the disabled community, one public facility at a time, by educating business owners on the ADA Title III “readily achievable” standards and modifications, in an effort at attempting to help businesses from potential litigation.

Title III of the ADA - The public accommodations requirement: provides that “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to) or operates a place of public accommodation ...”

NADAACN conducts an initial analysis of your facility and provides an ADA checklist based on the “readily achievable” modifications needed to comply with the ADA.

Once you become compliant under the ADA “readily achievable” modifications standards, an NADAACN decal will be placed on your businesses storefront window. Your business will appear on the National ADAACN website (under your appropriate state) indicating compliance and accessibility.

As a member of NADAACN individuals with disabilities will be able to locate ADA friendly business for patronage and anonymously report encounters of violations directly to our National Call Center. When a call is received at our National Call Center we will contact your business and advise you of the customers complaint, giving you the opportunity to correct the problem, in an effort to promote constant awareness and continuous accessibility for the disabled community.

The purpose of the ADA handicapped guidelines is to give dignity and opportunity to the differently-abled, allowing them to participate in such activities as shopping, watching a movie in a theater, enjoying a meal at a restaurant or exercising at a gym--activities most people take for granted. The guidelines establish acceptable norms that provide access for those in wheel chairs. All of our members own, lease, and/or operate establishments where the function of the ADA is adhered to under the "readily achievable" standards.

The ADA guidelines create responsibilities for any business serving the public, from shops, to restaurants, bars, theaters, hotels and schools. Most people are familiar with the ubiquitous handicapped parking spaces. But most might overlook ramps that provide access despite architectural barriers such as stairs, or special counters and tables designed at a fixed height to accommodate wheel chairs. Bathrooms are also usually required to have at least one stall with handles to facilitate handicapped access. All of our members own, lease, and/or operate establishments where the features of the ADA are taken seriously.

Some of the even less obvious guidelines have to do with maneuverability. In most cases, a 36-inch wide route is needed with slightly larger corners for turns. In spaces requiring a 180-degree turn, a full 60-inch diameter turning space or a 36-inch wide "T" is needed. If there are turnstiles, the business must provide a gate for wheelchair access. If a business has difficulty providing enough maneuvering space, they may be forced to eliminate some displays or shelving, even if it materially harms their business. All of our members own, lease, and/or operate establishments where consideration has been given to how each and every person can utilize their facilities in an easily accessible and convenient manner.

New construction and alterations beginning on or after March 15, 2012, a covered public or private entity must comply with the 2010 Standards for new construction and alterations. Public entities follow the Title II regulations, and private entities (public accommodations and commercial facilities) follow the Title III regulations. If construction or alterations start before March 15, 2012, you have a choice of following the 1991 or 2010 Standards. (Title II entities, including all state and local governments, can also choose to follow UFAS during that time.) During the transition, you can't choose to follow one standard for part of a building and another standard for another part. In other words, all alterations to a building during the transition (from September 15, 2010, to March 14, 2012) must follow the one standard you choose. One purpose of the 2010 Standards was to harmonize the federal requirements with state requirements. In about half the states, new construction and alterations already have to comply with a state code that is very similar to the 2010 Standards. If you are in a state that has adopted 2003 or 2006 International Building Code (including the accessibility standards of the American National Standards Institute, A117.1-2003), then when you build to your state requirements, you will be following most of the federal requirements already. But you will also need to follow the additional requirements that DOJ has issued, "beyond" 2004 ADAAG. For example, DOJ includes more specific provisions about detention and correction facilities, seating in assembly areas, medical care facilities, housing at a place of education, and the path of travel requirements for alterations. If construction or alteration might not start before March 15, 2012 (e.g., for a new project that is in the design stage), it will be safest to use the 2010 Standards for that project. You may want to consider the type of building and the types of alterations you contemplate before the compliance date. For example, an auditorium or theater with tiered seating would have to follow more stringent requirements under the 2010 Standards (in most respects) than under the 1991 Standards. If you alter a single-user toilet room, in many cases the 2010 Standards would require increased floor space compared to 1991 Standards. Both the 1991 and 2010 Standards generally require that when existing elements and spaces of a facility are altered, the alterations must comply with new construction requirements. But the 2010 Standards include a new exception to the scoping requirements for visible alarms system is upgraded or replaced, or a new fire alarm system is installed. (But when making this decision, keep life safety issues in mind.) These tips highlight certain provisions of DOJ's ADA regulations and do not constitute legal advise. The regulations and other DOJ materials can be found online at www.ada.gov.

DOJ recommends the development of an implementation plan for compliance with the barrier removal provisions, and an ongoing method of assessing compliance. As a matter of good removal provisions, and an ongoing method of assessing compliance. As a matter of good practice, and to the extent your resources allow, the plan should include a list of significant access barriers (created after a survey of the building), a schedule for removing them, and a description of the methods used to identify and prioritize barriers. An element that does not comply with the alterations provisions of the Standards for that element is considered a "barrier." For example, a typical round knob on a door that should be accessible would be a barrier because it requires tight grasping, pinching, or twisting of the wrist to operate, contrary to the provisions of the Standard. Changes undertaken as part of a barrier-removal effort should comply with the Standards. According to the 2010 Standards, between September 15, 2010, and March 14, 2012, public accommodations must remove barriers (to the extent readily achievable) so that elements in existing facilities that do not comply with the requirements for those elements in the 1991 Standards meet either the 1991 Standards or the 2010 Standards. Starting March 15, 2012, barrier removal must be done in accordance with the 2010 Standards. The 2010 Regulations provide a "safe harbor" for elements that comply with the 1991 Standards. Those elements do not have to be modified in order to meet the 2010 Standards, just for barrier removal purposes. You should document your compliance as to those elements, before March 15, 2012. For example, both Standards set maximum reach ranges for controls and operating mechanisms, light switches, electrical outlets, thermostats, fire alarm pull stations, card readers, and keypads, so that the controls can be used and operated by people using wheelchairs or other mobility devices and people or short stature. With some exceptions, the 1991 Standards set the maximum height for controls that can be reached by a side reach at 54 inches above the floor or ground; the 2010 Standards, at section 308.3, lower the maximum height (whether by side or forward approach) to 48 inches. Starting March 15, 2012, you will have to measure whether something is a barrier or not by the 2010 Standards. Those controls, if they haven't been modified by that time to be at the height called for by the 1991 Standards, would have to then be modified to the 2010 Standards, if doing so is readily achievable. This probably makes it advisable to lower any such controls to 54" (or less), if reachable from a side approach, before March 15, 2012. If a control remains beyond reach after that date, it will have to be lowered to 48", according to the 2010 regulations. Controls that are already at 54" and reachable from the side do not have to be lowered to 48" before that date, and they benefit from the safe harbor after that date. Note that this safe harbor does not apply to elements for which there are no standards in the 1991 Standards, such as residential facilities and dwelling units, play areas, and swimming pools. DOJ lists these in the 2010 Regulation at section 36.304(d)(2)(iii). Remember that you have only until March 14, 2012, to do barrier removal under the 1991 Standards. So should start now to assess barriers under those Standards, and remove any that are readily achievable to remove. These tips highlight certain provisions of DOJ's ADA regulations and do not constitute legal advise. The regulations and other DOJ materials can be found online at www.ada.gov.

As of March 15, 2012, program accessibility will be measured by reference to the 2012 Standards. This means that if a facility needs to be accessible for program accessibility purposes, it should be brought up to the Standards by the 2012 compliance date. Buildings for which there are standards before 2010 Safe harbor advantage for buildings can be assessed and altered for program accessibility purposed under 1991 Standards or UFAS, and they don't have to be altered after the compliance date just for the sake of program accessibility. You should document your compliance before March 15, 2012. Buildings for which there were no standards before 2010 (that is, where the 2010 Standards establish specific requirements for the first time) The safe harbor does not apply to elements for which there are no standards in the 1991 Standards, such as residential facilities and dwelling units, play areas, and swimming pools. DOJ lists these in the 2010 Regulation at section 35.150(b)(2)(ii). Because of the new requirements, one of your top priorities during the transition to 2012 should be to evaluate those types of facilities and bring them up to the 2010 Standards by March 15, 2012, if they need to be accessible as part of program accessibility. This is a good time to re-evaluate or update the self-evaluations and transition plans requirements under Title II (as well as section 504 of the Rehabilitation Act of 1973, if you receive federal financial assistance). A self-evaluation lays out your assessment of programs and whether physical changes need to be made to facilities. A transition plan states what buildings or facilities will be modified, how, and when, and names the people responsible for implementing the plan. These tips highlight certain provisions of DOJ's ADA regulations and do not constitute legal advise. The regulations and other DOJ materials can be found online at www.ada.gov.