ADA
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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.
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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
ADA – What, When and Why?
What is the Americans with Disabilities Act?
The Americans with Disabilities Act (ADA) is Federal civil rights legislation designed to provide equal rights to people with disabilities as those enjoyed by the able-bodied.
When was the ADA Enacted?
The ADA was signed into law by President George H. W. Bush on July 26, 1990 and it was subsequently amended in 2008. The Amendments became effective on January 1, 2009.
Why was the Americans with Disabilities Act Passed?
Congress determined that people with mental and physical disabilities were entitled to participate in all aspects of society but found that many individuals had been discriminated against in areas such as:
- employment;
- housing;
- public accommodations;
- transportation;
- communication;
- access to public services;
- and more.
The purpose of enacting the ADA was to:
(1) provide a national mandate for the elimination of discrimination against individuals with disabilities;
(2) to provide clear, enforceable standards to address discrimination against people with disabilities;
(3) to have the Federal Government play a central role in enforcing the standards against such discrimination.
Why was the ADA Amended?
By 2008 Congress found that the Americans with Disabilities Act of 1990 (ADA) was not being interpreted and enforced by the Courts in the way Congress intended. They found that discrimination against people with disabilities persisted and enacted amendments to the ADA to improve the consistent enforcement of the standards.
The ADA is divided into Titles I, II, III and V as follows:
- Title I – Employment;
- Title II – Public Services;
- Title III – Public Accommodations and Services Operated by Private Entities (The focus of these questions and answers);
- Title V – Miscellaneous Provisions.
Congress determined 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.”
I will be providing a series of articles describing how the ADA affects Places of Public Accommodation in an attempt to distill the key requirements of the ADA and offer suggestions for owners, tenants, operators and property managers about making modifications that will enable their business to be accessible to all people.
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
D5 Creation