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Although the American Disabilities Act (ADA) was adopted July 26, 1990, there are still a number of public facilities today that continue to violate Title III. One reason is because these facilities may have architectural barriers.

Most building owners assume that if your facility has been inspected when it was built or modified, it means that everything is compliant with the ADA.However, the building inspectors are not checking for compliance with ADA requirements. They are just checking the local building codes which may or may not be consistent with the ADA.

The other big misconception is that if their facility was constructed prior to January 26, 1993, that the facility has been grandfathered in and nothing has to be done to make it more accessible. Again, not true. These facilities were required to remove barriers to accessibility. This means widening doors; striping accessible parking; creating Braille signage; an installing grab bars.

So how do you know if a facility is meeting ADA requirements? Here are a few simple signs to look for.

Parking
Accessible parking is often incorrect or non-existent. Section 4.1.2 of the ADA Accessibility Guidelines includes a chart on how many designated accessible parking spots you must have—at least one accessible spot for every 25 spaces you have.

 The sidewalks leading up to your entrance must have curb ramps for people who are using wheelchairs. A ramp should lead up onto a landing area at your front door. If you have just one step, you need to remove it and add a concrete ramp which can cost anywhere from $5,000-$10,000.

Doorways
The next thing to check is the clear space of the door in the waiting area when it’s open—it should provide at least 32 inches so someone with a wheelchair can get through the door. Another telltale sign is how heavy the door is to open: the ADA has a requirement that the door force to open is has to be less than 5 pounds.

Pathways
Are the pathways in the office layout ADA compliant?  The ADA requires a 36-inch wide route that has no level changes greater than ¼ inch or ½ inch with a 1:2 bevel. The path can narrow to 32 inches at a doorway or for a distance of 24 inches maximum.

Signage
Does your office contain signage? Signage is required to designate permanent rooms and spaces and they have to be placed in a particular location, on the latch side of the door and be in Braille.

Restrooms
The restroom should have a larger wheelchair stall and accessible sink. All operational controls—door hardware and sink hardware for example—must be lever hardware that does not require tight grasping or twisting. Cabinets should have D-shaped pull hardware.

If your restroom is not ADA compliant, it can become quite expensive to do a remodel. Since bathrooms usually require more square footage the costs can exceed $20,000. But there are tax credits available to help.

Fines and Penalties
Title III of the ADA is enforceable by private litigants as well as the Department of Justice (DOJ). Private litigant means individuals with disabilities or groups who represent individuals with disabilities.  Additionally, the private litigant can also be awarded attorney’s fees. If the DOJ gets involved—and usually that happens when someone files a complaint with them—then the DOJ can not only seek injunctive relief but it can also seek a civil penalty up to $55,000 for the initial violation, and $110,000 for subsequent violations.

For more information, visit http://www.access-board.gov/adaag/html/adaag.htm.