Q & A - CASp Pro

FAQ

What is the ADA?

The Americans with Disabilities Act (ADA) is a civil-rights law, enacted by congress in 1990, which prohibits discrimination based on a disability. The purpose of the ADA was to provide equal accommodation to those individuals with a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having an impairment (as defined per the ADA).

Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?

The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible.

Why should I obtain an ADA survey and report?

First and foremost, the primary reason to attain ADA compliance is to provide equal accommodation, and to prevent discrimination, to those individuals with a disability. At CASp Pro, that is our primary concern. Another reason to become ADA compliant is to prevent being confronted with litigation. Places of public accommodation which are not currently designed per the ADA are susceptible to lawsuits.

How will the public accommodations provisions be enforced?

Private individuals may bring lawsuits in which they can obtain court orders to stop discrimination. Individuals may also file complaints with the Attorney General, who is authorized to bring lawsuits in cases of general public importance or where a oepattern o practiceî of discrimination is alleged. In these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties may not exceed $55,000 for a first violation or $110,000 for any subsequent violation.

My site is old, am I protected by a grandfather clause?

Per the American’s with Disability Act, there is no grandfathering. Therefore, all sites which are places of public accommodation are susceptible to the ADA requirements.

What does the ADA require in new construction?

The ADA requires that all new construction of places of public accommodation, as well as of “commercial facilities” such as office buildings, be accessible. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal.

What are the ADA requirements for altering facilities?

All alterations that could affect the usability of a facility must be made in an accessible manner to the maximum extent feasible. For example, if during renovations a doorway is being relocated, the new doorway must be wide enough to meet the new construction standard for accessibility. When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided. The bathrooms, telephones, and drinking fountains serving that area must also be made accessible. These additional accessibility alterations are only required to the extent that the added accessibility costs do not exceed 20% of the cost of the original alteration. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal.

How does the ADA affect existing State and local building codes?

Existing codes remain in effect. The ADA allows the Attorney General to certify that a State law, local building code, or similar ordinance that establishes accessibility requirements meets or exceeds the minimum accessibility requirements for public accommodations and commercial facilities. Any State or local government may apply for certification of its code or ordinance. The Attorney General can certify a code or ordinance only after prior notice and a public hearing at which interested people, including individuals with disabilities, are provided an opportunity to testify against the certification.

760.241.7858

FAQ