Guide to ADA Toilet Accessories What Are ADA Toilet Accessories? In a bathroom or toilet facility, ADA compliant toilet accessories include items …
The ADA "Grandfather Clause"
ADA Grandfather Clause: Is my Building Safe?
Contrary to popular belief, there is no actual “grandfather” clause within the ADA. However, the law does offer flexibility and alternatives. City governments are mandated to adhere to Title II of the ADA, ensuring that individuals with disabilities have access to the entirety of city services and buildings. While providing access, city governments are not compelled to take actions that would alter the nature of their operations, or something that will cause financial or administrative burdens. This shows the importance of balancing accessibility requirements with practical considerations on cities.
Safe Harbor Vs. ADA Grandfather CLause
The ADA does not include a provision for “grandfathering” facilities, but it does have a provision known as “safe harbor” in the 2010 ADA. The “safe harbor” clause allows for businesses to adhere to previous ADA standards if the building was built before new ADA laws come into place. For example, if a building is compliant to 1991 ADA standards and was constructed prior to the implementation of the 2010 ADA, when there is a change in the ADA law, that property does not need to be furhter modified to meet current standards. This exemption applies to each element individually. However, if alterations are made to elements that were compliant with the 1991 ADA Standards, those altered elements must adhere to the 2010 ADA Standards.
ADA Grandfather Clause: Federal vs. Local Law
Despite common beliefs the reality remains that federal law supersedes local regulations in the context of the ADA. This misunderstanding often results in a failure to provide necessary programs or implement necessary modifications to policies so a city conforms to the ADA. Consequently, it’s imperative to recognize that the ADA is a federal law, prevailing over local laws under the Constitution. While city permits and inspectors focus on local regulations, they may accidentially certify architectural features that comply with local law but violate ADA requirements. Property owners and managers must be vigilant, understanding that city permits and what is required by federal ADA law in order to provide access to all.
CASP INSPECTION OR ADA Consultation:
Blog:
ADA Door Width Requirements: Minimum Widths & Clearances ADA Clear Door Width Requirements Openings to doors must provide a clear width of …
ADA urinal requirements include various elements of compliance. An ADA accessible urinal can prevent lawsuits and help business reputation. Continue Reading ADA Urinal Requirements
ADA requirements for medical, dental and professional offices: reception desk heights, exam rooms, accessible exam tables, elevators, parking and California differences. Continue Reading ADA Office Requirements: Medical, Dental & Professional Offices
ADA requirements for businesses by type: restaurants, retail stores, offices, medical and dental offices, hotels, gyms and apartments, with California rules. Continue Reading ADA Requirements for Businesses: Rules by Business Type
ADA Robe Hook Requirements: Height Clearance & Location ADA robe hook requirements are federally enforced and include mounting height, clear floor space, …
Understanding ADA Ramp Requirements is crucial in preventing lawsuits and access issues with your property. One of the primary considerations when designing ramps and their landings is the slope. Continue Reading ADA Counter Height Requirements
An ADA inspection certificate is issued when a property is inspected by a licensed CASp. Call to get your ADA inspection certificate today. Continue Reading ADA Inspection Certificate
ADA Operable Parts: Definition and Requirements ADA operable parts are components like switches, door handles, or other controls used to operate or …
ADA Grab Bar Requirements What are ADA Grab Bar Requirements? ADA grab bar requirements are an extremely important set of regulations that …
ADA baby changing station requirements can be complex. Check out our website for new updates on laws and learn how to stay ADA compliant! Continue Reading ADA Baby Changing Station
A CASp-written ADA compliance checklist for existing businesses: parking, accessible route, entrances, counters, restrooms and signage, with ADA Standards and California CBC 11B numbers. Continue Reading ADA Compliance Checklist for Businesses: Parking, Entrances, Restrooms and More
ADA Reach Range Requirements Reach range requirements are the required dimensions and placement of accessories and accessible elements to ensure they can …
Written by Ernie Castro Ernie Castro is the founder of ADA Access Consultants and a California Certified Access Specialist (CASp #618). He …
ADA Drinking Fountain Requirements: Height, Clearance & More Property owners, business owners, tenants, and property managers need to be aware of ADA …
ADA sink height and width is an important metric when considering ADA access. Sink height is required to be 34 inches above finished floor. Continue Reading ADA Bathroom Sink Guide
ADA Elevator Requirements: Compliance Guide (Dimensions, Codes & Costs) If you have an elevator in your property that doesn’t comply with the …
Hiring a CASp has many benefits. This includes ADA legal compliance, saved money, and a seamless construction process. In addition to this, there is a great social benefit to being ADA accessible. Continue Reading Benefits of a CASp Inspection
ADA Shower Requirements: Who’s Responsible A common question by many business owners, property managers, and tenants is who is responsible for ADA …
ADA pool requirements explained by licensed CASp inspectors: how many pool lifts you need, lift and spa dimensions, existing-pool rules, and California 11B differences. Continue Reading ADA Pool Requirements: Pool Lifts, Spas & Accessible Entry