ADA Bathroom Violations: 25 Common Mistakes That Fail Inspections If you provide a bathroom to the public, it is important you optimize …
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
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