What To Do When A Building Is Not ADA Compliant or Accessible
Richard Acree
2010 ADA Standards Cover
Whether you are disabled or not, if you see a building that does not comply with the laws in the Americans with Disabilities Act (ADA), you have a right to take action. Title II and Title III of the 2010 Standards for Accessible Design, combined with their implementation regulations, are the laws that govern most facilities. Title II applies to State and Local Government facilites and Title III applies to Public Accommodations and Commercial facilities.
These laws are complicated. If you are not sure the laws have been broken, you should consider hiring an expert ADA building inspector (inspector) to complete a walk-through of the facility to look for evidence of poor ADA compliance. A preliminary impressions and observation site and facility inspection, similar to a Tier I or Tier II ADA Inspection as defined by ASTM E 2018, can be completed by the inspector without taking measurements because the site and facility are open to the public. If significant discrepancies are found during this limited observation, a more detailed inspection including measurements and counts, similar to a Tier III ADA Inspection as defined by ASTM E 2018, can be performed, perhaps as part of a legal resolution.
Once you have confirmed that the ADA law(s) have been broken, you can ask the building owner or tenant to take action to remedy the situation. If you are not comfortable approaching the building owner or tenant, I can do that for you.
If the building owner or tenant fails to remedy, you can seek a legal resolution using a qualified attorney, or you can contact the US Department of Justice (DOJ) and ask them to investigate. Again, if you are not comfortable working with an attorney or the DOJ, I can do that for you.
The ADA laws have been in effect since 1991. Many public and government locations are still not in compliance. Unfortunately it takes action by the public to make a difference. Call Richard at ADA Inspections Nationwide, LLC, today, at 615-752-0060 to discuss anything you have observed if you think a building is not ADA compliant or accessible.
ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.