ADA Requirements

[jwl868]

Can you clarify that? The introduction to the Standards (below) would indicate otherwise:

"Introduction
The Department of Justice published revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 “ADA” in the Federal Register on September 15, 2010. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design “2010 Standards” or “Standards”. The 2010 Standards set minimum requirements – both scoping and technical -- for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.

Adoption of the 2010 Standards also establishes a revised reference point for Title II entities that choose to make structural changes to existing facilities to meet their program accessibility requirements; and it establishes a similar reference for Title III entities undertaking readily achievable barrier removal."

Joe

 

[museav]

As I understand it, the ADA is Federal law. To better define and enforce that law, the Department of Justice has developed Standards, which have legal authority, and Guidelines such as the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) that define the baseline for the Standards. So basically, the Guidelines are cookbooks for the Standards that define compliance with the ADA which is a Federal law. Or put another way, the ADA is law, the Standards are legal interpretations that clarify that law and how it will be interpreted and the Guidelines help define how to meet those Standards. Confused enough?

If not, then as JimN noted, the ADA Standards or Guidelines may also be incorporated by reference into building codes. And that can get convoluted as they may be incorporated by reference into a code or ordinance that is in turn incorporated by reference into another code or ordinance. And they may be incorporated with or without modifications. A county or municipality may incorporate the state building code by reference but may also modify it or not reference at all. That is why it is so important to know what codes and ordinances are applicable for a project.

One common difference between building codes and the ADA for most projects is that building code or ordinances are usually enforced by compliance, in other words there are reviews and inspections to verify compliance while in comparison the ADA is typically enforced via assertions of non-compliance. A construction project plan review or inspection may not even address ADA compliance and a Architect's seal or Inspector's approval does does not protect the venue from being found to be non-compliant.

Violations of ADA can carry very large fines, the civil fine alone can be up to $50,000 for the first violation and $100,000 for each subsequent violation and that's in addition to any compensatory or punitive damages the Court may award. But the goal of such penalties is not to generate large fines and instead to encourage compliance or 'reasonable accommodation'. The idea is usually to make it more beneficial for everyone to comply with the ADA than to not comply. The Department of Justice does not want to be taking everyone to court, when a complaint is filed and found to have merit they'd prefer to see a resolution offered that creates compliance or reasonable accommodation. It's usually only when someone refuses to cooperate and work in good faith to resolve any non-compliance that the DoJ get aggressive in terms of pursuing legal action and fines.

 

[mstaylor]

I think what Jim is saying is that the ADA is the minimum, but your local rules and regs can be tougher. What they can't do is pass local codes to make it less stringent. It is similar to OSHA, states can add to the OSHA rules but not make it less. I work in MD and DE mostly. MD has MOSHA, DE has just OSHA. MD's rules are somewhat tougher and are enforced at the state level.

 

[museav]

I think what Jim is saying is that the ADA is the minimum, but your local rules and regs can be tougher.

I agree that this is what he was probably trying to say, however the comments "The Federal guidelines and standards are exactly that-guidelines and a standard. That standard needs to be referenced by law to be enforceable." seemed to potentially provide a false understanding as ADA is law and the Standards do have legal authority regardless of whether or not they are incorporated into any building codes or ordinances.

I think it is important to understand that ADA addresses discrimination and rights of the disabled in general and that the accessibility aspect is just part of that. There are sections of the ADA that deal with employment and other issues that have nothing to do with buildings or other construction. Thus when referencing "ADA" we are actually referencing a much more encompassing issue and legislation and what we are probably addressing in terms of facilities are only the accessibility aspects of that Federal law.

What they can't do is pass local codes to make it less stringent.

I don't think it is quite that black and white. As I understand the ADA accessibility Standards and Guidelines, if there are other considerations such as life safety or structural issues that prohibit compliance with the ADA Standards then that may be acceptable provided that "reasonable accommodation" for accessibility is provided. "Reasonable accommodation" can also be a major factor when dealing with existing, and especially historic, venues. While there may be no good excuse for a new facility to not be fully both code and ADA compliant, in existing buildings there may be conflicts which prohibit full compliance with both building code and ADA and in those cases the building code compliance usually takes precedence as long as some reasonable accommodation is made for the ADA issues.

An example I've seen several times are balconies in older venues. Making those balconies handicap accessible may be totally impractical, but if the balcony seat count is included in the provision of handicap and companion seating in the main floor seating and those seats are offered for the same price as the balcony seating then that will likely be seen as reasonable accommodation. On the other hand, if those same balconies cannot be made code compliant in other ways then there are no exceptions unless they are specifically pursued and granted by the Authority Having Jurisdiction.

It is similar to OSHA, states can add to the OSHA rules but not make it less.

Agreed, building codes may include accessibility provisions beyond those required by ADA. However, there are also significant differences between OSHA and ADA compliance in terms of "reasonable accommodations" as noted above, enforcement and the application of penalties for non-compliance.

 

[Ryan5443]

The ADA regulations appear to be here:
2010 ADA STANDARDS FOR ACCESSIBLE DESIGN
2010 ADA Standards for Accessible Design

In addition to that there are specific state, and town building codes/ordinances associated with accessibility. You should also check with your local building department and they can assist you, but if there is a question about accessibility your fire inspector might have cited you. It would be something interesting to explore. Let me know what you find out

RCF