ADA repairs
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Readily Achievable ADA Modifications
What Types of Building and Site Modifications are considered to be readily achievable by the ADA?
The Americans with Disabilities Act (ADA) requires Places of Public Accommodation to remove architectural barriers when it is readily achievable to do so. Readily achievable means easily accomplished and able to be carried out without much difficulty or expense.
To determine what is readily achievable, one must consider factors such as:
- The nature and cost of the action;
- The overall financial resources of the site involved;
- Safety concerns;
- Impact upon the operation of the site;
- The relationship of the site to a parent corporation.
Examples of Readily Achievable Repairs
Examples of readily achievable steps to remove barriers include, but are not limited to, the following actions:
- Installing ramps;
- Installing curb cuts;
- Eliminating excessive slope or cross-slope on sidewalks;
- Eliminating excessive changes in level along accessible routes;
- Removing obstacles in accessible routes;
- Rearranging tables, chairs, display racks, and other furniture;
- Widening doors or installing offset hinges;
- Installing accessible door hardware;
- Installing grab bars in toilet stalls;
- Installing accessible faucets;
- Rearranging toilet partitions to increase maneuvering space;
- Insulating pipes under sinks to prevent burns;
- Installing a full-length bathroom mirror;
- Re-positioning bathroom accessories such as toilet paper and paper towel dispensers;
- Creating designated accessible parking spaces;
- Installing proper ADA signage.
The information provided in this article is based upon my review of the Americans with Disabilities Act, The 2010 Accessibility Guidelines, the Americans with Disabilities Act Title III Regulations. And the Title III Technical Assistance Manual. It describes what I have found to be the most common issues encountered during my ADA investigations. For a more complete review of the Americans with Disabilities Act (ADA) please refer to the law, regulations and standards referenced, herein.
Return to Frequently Asked Questions
Who Gets ADA Exemptions?
Are There Exemptions from The Americans With Disabilities Act (ADA)?
Not many places of public accommodation get ADA exemptions. Places of Worship and some Private Clubs (establishments exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e))) are generally exempt from the provisions of the ADA – but that exemption is not absolute.
ADA exemptions for premises owned by places of worship or private clubs may be lost if the facilities are leased to operators of a place of public accommodation.
Also, determining what type of entity is considered to be a private club is somewhat elusive as the term was not defined in the Civil Rights Act of 1964.
What Qualifies as a Private Club?
The Pepperdine Law Review in its article “The Private Club Exemption from Civil Rights Legislation – Sanctioned Discrimination or Justified Protection of Right to Associate” identifies some criteria that the courts have used to qualify organizations as private clubs, including:
- The extent that the facilities of such establishment are made available to the customers or patrons of an establishment;
- Numerical limit on membership;
- Use of facilities by non-members;
- Club advertisement;
- Profit or non-profit status;
- Public funding.
While the facilities of religious organizations and private clubs may be exempt from the retrofit provisions of the ADA, they risk excluding valuable members from participation in their organizations.
New Construction and Alterations
The 2015 International Building Code (IBC) has been adopted in New Jersey and many other jurisdictions to regulate the construction of new buildings. The accessibility provisions, which are found in Chapter 11 of the IBC, do not provide global ADA exceptions for religious organizations or private clubs. Alterations to existing buildings are required to include modifications that improve accessibility that do not disproportionately increase the cost of the alteration work.
The information provided in this article is based upon my review of the Americans with Disabilities Act, The 2010 Accessibility Guidelines, the Americans with Disabilities Act Title III Regulations. And the Title III Technical Assistance Manual. It describes what I have found to be the most common issues encountered during my ADA investigations. For a more complete review of the Americans with Disabilities Act (ADA) please refer to the law, regulations and standards referenced, herein.
Return to Frequently Asked Questions
Who Needs to Comply with the ADA?
Which Businesses Need to Comply with the ADA? What is a Place of Public Accommodation?
When do Architectural Barriers need to be removed?
I’m often asked questions about the Americans With Disabilities Act (ADA), such as, “If I haven’t done any construction on my property, do I still need to make modifications for handicapped access?” The answer is “It depends.” It depends upon the answers to the following questions:
- Is it privately owned or operated?
- Is it an existing facility?
- Is it a commercial use?
- Is it a “Place of Public Accommodation?”
If the facility is publicly owned or operated by a state or local government, you must comply with the Title II standards of the ADA. Most public facilities are required to be retrofitted for compliance with the 2010 Standards.
What Is A Place of Public Accommodation?
If the property is privately owned or operated, the answer lies in whether the facility is considered a commercial use or a place of public accommodation. The ADA prohibits discrimination against disabled individuals by any person who owns, leases or operates a place of public accommodation.
The ADA contains twelve categories of premises that are considered Places of Public Accommodation – meaning a facility operated by a private entity whose operations affect commerce, examples include:
- Hotels and motels;
- Restaurants, bars, or other establishments serving food or drink;
- Theaters and stadiums;
- Auditoriums, convention centers, and other place of public gathering;
- Shopping centers, retail stores or other sales or rental establishments;
- Service Businesses such as laundromats, banks, beauty;
- Offices, health care providers, hospitals;
- Terminals or stations used for specified public transportation;
- Museums or libraries;
- Parks and places of recreation;
- Private schools, or other places of education;
- Day care center, or other social service establishment; and
- Gyms, Bowling alleys and golf courses.
Discrimination includes failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities. The law does, however, provide that when the removal of a barrier is not readily achievable, alternative methods of providing the goods or services may be possible.
Facilities include buildings, structures, sites, equipment, walkways and parking lots.
What About Other Commercial Properties?
Commercial buildings, which do not meet the definition of a place of public accommodation, are obligated by the ADA to meet accessibility standards when newly constructed or altered. Such improvements are often also regulated by local codes and ordinances and may require the facility owner or operator to obtain permits and have the improvements inspected. Places of public accommodation which are newly constructed or altered have similar requirements.
While enforcement of accessibility standards for new construction and alterations is often provided by local government through their Building and/or Engineering Departments, removal of barriers in existing places of accommodation is more likely to be enforced through lawsuits.
Owners and operators of places of public accommodation who fail to identify and remove architectural barriers can find themselves as defendants in such lawsuits.
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