Top 10 ADA Violations to Watch Out For at Your Business
Almost every public business has ADA violations that affect accessibility. Your individual property includes bathrooms, accessible entrances, routes, and parking that can all affect how accessible a property is.The Americans with Disabilities Act (ADA) has specific requirements that you must follow to avoid ADA violations as much as possible. When your property or business doesn’t provide proper access, you open yourself up to lawsuits and liabilities.
What Counts as an ADA Violation?
ADA violations are considered elements of a building or the condition that does not follow the Americans with Disability Act (ADA). The ADA is federal law and is applicable to almost all businesses. An example of an ADA violation can be incorrect toilet seat height, incorrect parking striping, or uneven floor surfaces. All of these code requirements are in place to ensure people with disabilities can access a property and use its elements as intended. If you are unsure of your properties compliance status, reach out to get ADA compliant.
What Happens if I’m not ADA Compliant?
If you have ADA violations, you are opening yourself up to liability. All across the United States we’re seeing an increase in ADA related lawsuits. “Drive-by” attorneys are taking advantage of the fact that basically everybody has ADA violations. Business owners and property managers are fighting back with ADA evaluations and reports to protect themselves from liability. ADA Access Consultants is a private inspection company that wants to educate you on the accessibility requirements. If you want to protect your business while serving the largest amount of customers possible, reach out and get rid of ADA violations.
Top 10 ADA violations to Check for on Your Property
On our ADA inspections, we see plenty of common violations and compiled a list of our top 10 most common. If you want to protect your business and set an example in your community, we recommend an ADA inspection to remove all ADA violations. We’ll take photos, measurements, and provide you a detailed report showing the proper code requirements and diagrams. Check out below the most common ADA violations we see on our inspections and find out why ADA compliance is so important to business owners and property managers.
1. Accessible Parking Spaces not Meeting Requirements
The most common ADA violations we see are non-compliant ADA parking spaces which are covered in section §208 & §502.2 of the ADA. If you provide public parking as a property manager or business owner, you are required to have accessible parking spaces. Accessible parking spaces include correct dimensions of parking stalls, access aisles, identification signs, and more. If just one element of your parking is off, you are non-compliant and subject to fines and legal fees. Wheelchair symbols on their own (ISA) are not a substitute for accessible parking. Reach out to get fully ADA compliant!
2. Blocked or Inaccessible Routes
Another violation that appears often are blocked or inaccessible routes. For example, the back section of a store is not accessible because of a non-compliant step or ramp. This can result in lack of access to a certain part of a store. As a business owner, you must provide access to all areas of your store and connect your accessible routes (§206.2.4). Connecting your accessible routes creates the most amount of access possible. If you need more information, check out our guide on wheelchair width on accessible routes.
3. Improper Slopes and Landings at Curb Ramps
The most preventable ADA violations we find are related to ADA curb ramps and regular ADA ramps. The ramp slopes on both the rise and landing often are too high. On a ramp, slope is required to be at a slope ratio of 1:12, or 8.33% with a level landing slope of 1:48 or 2.08% (§405). The proper ADA slope allows wheelchair users to use the ramp without difficulty.
4. Door Opening Force and Maneuverability
ADA door requirements include the correct landing size and slope, proper door hardware, correct opening force, and thresholds (§404.2). All of these code requirements create a door that is accessible and easy to maneuver through. If you need help with your ADA door requirements, reach out to remove all your ADA violations.
5. Inadequate Toilet Clearances or Grab Bars
The number 6 most common ADA violation is related to toilet grab bars, toilet height, and toilet clearance. Every accessible toilet is subject to grab bar requirements which include rear and side grab bar height and position requirements. In addition to grab bars, a toilet needs proper clear floor space dimensions and slope. All of these small combined standards make up an ADA compliant bathroom. The risk of having an ADA related lawsuit are high when you ignore your ADA violations.
6. Uneven Walking Surfaces and Abrupt Changes in Level
If you are responsible for a property’s exterior, make sure you provide stable walking surfaces, avoid raised or uneven surfaces, and loose mats or carpeting (§302). We commonly see conditions that are not ideal for wheelchair users and accessible routes and walking surfaces with trip hazards.
7. ADA Violations: Sinks, Mirrors, and Dispensers
The sink height, knee and toe clearance, and mirror height in a bathroom all fall under ADA requirements outlined in section §603.3 of the ADA. If you don’t provide enough room at lavatories or your mirror and faucet are too high, you’re denying access to people with disabilities. It’s important to reach out for a thorough ADA evaluation of your property to avoid fines and costly settlements.
8. Missing or Incorrectly Installed Signage
Signage is super common when it comes to ADA violations. If your bathroom sign is mounted too high, parking signage isn’t worded correctly, or you’re lacking signage, you’re at risk of an ADA related lawsuit. When working with ADA Access Consultants, you’ll get a detailed report telling you exactly where your signs are incorrect and how to fix them.
9. Service Counters and ADA Dining Surfaces
If you’re a restaurant owner or provide service counters and dining services you need to be aware of ADA table requirements (§902). These include the clear floor space in front of tables and the knee and toe space underneath tables. If you have ADA violations at your tables, you are denying access to people in wheelchairs or other mobility devices. It’s best practice to include accessible seating in all dining areas.
10. Protruding Objects on Accessible Routes
The final item on our ADA violations list is protruding objects on accessible routes. Make sure any wall mounted objects like TVs or umbrellas do not project into circulation paths (§307). Any mounted objects that are above the cane-detection area can be a danger to people with vision disabilities. If you need help with protruding objects, reach out to remove all your ADA violations.
What to do When You Find a Potential ADA Violation
With the hundreds upon hundreds of ADA violations, almost nobody is ADA compliant. As a business owner or property manager, you are federally obligated to provide accessibility to the interior and exterior of your business. Our services include a detailed report and assessment of your property’s accessibility and can be used to avoid future litigation and remove liability related to your building’s accessibility.