ADA Bathroom Requirements allow for an accessible property to all. CASp inspectors at ADA Access Consultants help you get ADA compliant. Protect your self legally... Continue Reading ADA Bathroom Requirements
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.
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ADA regulations encompass many different laws, regulations, and senate bills. All of these explain the legal duty one has to be ADA compliant. Continue Reading ADA Law & Regulations
This guide covers the use and necessity of ADA maps in an accessible property. Using this guide helps businesses reach accessibility. Continue Reading ADA Mat Requirements
Historical building ADA compliance is essential in a property regardless of status. Using this guide helps businesses reach accessibility. Continue Reading Historical Building ADA compliance
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ADA bathroom signage is a complicated subject encompassing several areas including braille, signage dimensions, signage height and more. Continue Reading ADA Bathroom Signage
An ADA grandfather clause does not grant exceptions from the ADA. The ADA considers the time of construction and the then current ADA laws. Continue Reading The ADA “Grandfather Clause”
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A CASp inspection is the inspection & reporting on a subject premise. This helps businesses work towards an accessible property. Continue Reading CASp Inspection
ADA compliance responsibility usually falls on both the owner and tenant legally. Often times lease agreements stipulate tenants pay for necessary improvements. Continue Reading ADA Compliance Responsibility