New Construction and Alterations in Title III 1 ADA Trainer Network Module 6d Trainer’s Name Trainer’s Title Phone /Website
Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Mid-Atlantic ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. 2
Architectural Barriers and Communication Barriers that are Structural in Nature in Existing Facilities Must be Removed where Such Removal is Readily Achievable “Easily accomplishable and able to be carried out without much difficulty or expense” 3
Barrier Removal Priorities 1.Accessible approach and entrance 2.Access to areas where goods and services are made available to the public 3.Access to restroom facilities 4.Other necessary measures 4
Examples of Readily Achievable Barrier Removal Installing ramps Widening doorways Installing accessible door hardware Creating designated parking spaces Rearranging tables, repositioning shelves Installing flashing alarm lights Making curb cuts in sidewalks and entrances Installing grab bars in toilet stalls 5
If Removal of Barriers is NOT Readily Achievable Alternate Steps Must Be Taken to Make Goods and Services Accessible 6 Examples: provide curb service or home delivery, relocate activities to accessible locations, retrieve merchandise from inaccessible shelves
All newly constructed places of public accommodation and commercial facilities must be readily accessible to and usable by individuals with disabilities 7
Alterations Alterations, including those to public accommodations built before the ADA, must be readily accessible to and usable by individuals with disabilities to the maximum extent feasible. Alteration = any change that affects usability 8
Alterations: Path of Travel Alterations to a “primary function area” trigger an obligation to provide an accessible path of travel to the altered area Primary function area: Any area where a major activity takes place: Customer service areas Work areas Offices and work areas in commercial facilities 9
Alterations In addition to the Path of travel requirements, there are two other important alteration issues outlined by the standards: Elevator Exemption Historic Preservation 10
Does the ADA Require Barrier Removal in Historic Buildings? YES…if it is readily achievable HOWEVER…the ADA takes into account the national interest in preserving significant historic structures. Barrier removal would not be considered “readily achievable” if it would threaten or destroy the historic significance of a building or facility that is designated as historic at the national, state, or local level. 11
Mid-Atlantic ADA Center TransCen, Inc. 401 North Washington Street, Suite 450 Rockville, MD Toll-Free: (DC, DE, MD, PA, VA, WV) Telephone Fax TTY Webwww.ADAinfo.orgwww.ADAinfo.org The contents of this presentation were developed under a grant from the Department of Education, NIDRR grant number H133 A However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. 12