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ADAIN Blog

Interesting articles about ADA, FHA, and ABA compliance inspections by ADA Inspections Nationwide, LLC.

ADA Requirements for Education Facilities

Education facilities [schools] must comply with the ADA Standards. These facilities are complicated and complex. Many sections of the ADA Standards apply to schools, whether they are public or private entities. Other regulations may apply such as Section 504 of the Rehabilitation Act, the Architectural Barriers Act, and regulations at the Department of Education. Where regulations overlap, the regulation with the most stringent requirements should be followed.

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Outside Dining Tables that Comply with ADA Laws During Covid 19 Pandemic

Dining Surfaces in public places should comply with the ADA laws whether they are inside or outside the entity facility. Dining tables that are not fastened to the floor or a wall are not considered fixed, therefore, technically speaking, if the dining tables at the exterior of the restaurant are not fixed in position, they are not required to be compliant with the ADA laws. However, the DOJ expects entities to apply the principles of the ADA laws for reasonable accommodations as long as doing so does not incur undue burden.

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Residential Dwelling Units Technical Requirements as Defined by the ADA

This article discusses the technical requirements for residential dwelling units found in 2010 ADA Standard 809. Standard 809 is the primary Standard for technical requirements for residential dwelling units; however, several other Standards have requirements for residential dwelling units as well. These requirements can be complicated.

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Residential Dwelling Units Scoping Requirements as Defined by the ADA

This article discusses the scoping requirements for residential dwelling units found in 2010 ADA Standard 233, other scoping Standards, 28 CFR 35.151(e) and (f), and 28 CFR 36.406(d) and (e). This topic can be complicated and confusing. Start first with funding. If federal funds are involved you are probably looking at HUD rules for the facility. If public funds are involved you are probably looking at a combination of FHA and ADA rules for the facility.

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The Difference Between ADA Residential Dwelling Units and FHA Covered Units

FHA covered units are found only in multi-family housing facilities consisting of 4 or more dwelling units. ADA residential dwelling units are not defined by the number of dwelling units but must be located in Title II or Title III facilities. It is possible that certain properties, or portions thereof, will be covered by both the FHA and Title II and/or Title III of the ADA. When the FHA and ADA overlap the more stringent requirements of each law must be met, in terms of both scoping and technical requirements.

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Accessible Stadium Style Movie Theaters as Defined by the ADA

Accessible stadium style movie theaters located at Title III facilities are required to comply with the ADA. A facility housing a movie theater must comply with the ADA Standards throughout the entire facility. This includes from the site arrival points all the way into and within the movie theater space(s), and almost everything in between such as routes and toilet rooms.

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Accessible Assembly Areas Technical Requirements

Accessible assembly areas located at Title II and Title III facilities are required to comply with the ADA. Technical requirements exist for wheelchair spaces, line of sight, dispersion, companion seats, and designated aisle seats. Information regarding the scoping requirements for assembly areas is available at Assembly Area Scoping Requirements.

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Accessible Assembly Areas Scoping as Defined by the ADA

Accessible assembly areas located at Title II and Title III facilities are required to comply with the ADA. Requirements include accessible routes and spaces for disabled individuals including wheelchair spaces and companion seating. Accessible wheelchair spaces should be dispersed throughout the seating area(s) where there are 4 or more seats available, including all locations such as box and mezzanine seating.

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Accessible Automatic Teller Machines as Defined by the ADA

Accessible ATMs located at Title II and Title III facilities are required to comply with the ADA. An accessible ATM is required at each separate location within the facility. Each accessible ATM installation should take into account a clear space, operable parts, output, input, user control, and privacy.

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ADA Compliant Assistive Listening Systems

ADA compliant assistive listening systems are generally required in assembly areas where systems for sound amplification are used, such as a microphone. These systems typically include a base station and receivers. The number of receivers required is based on the seating capacity of the assembly area. Some receivers must also be compatible for use with hearing aids.

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Accessible Public Telephone Installations as Defined by the ADA

Public telephone installations in Title II and Title III facilities are required to comply with the Americans with Disabilities Act (ADA). Public telephones shall be provided in accordance with the ADA Standards for each type of public telephone provided. All public telephones shall have volume controls. Wheelchair accessible telephones and TTY devices have specific requirements for locations and features.

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Compliant Fire Alarm Systems in Transient Lodging as Defined by the ADA

In transient lodging facilities, fire alarms should be located in required spaces such as the lobby, public corridors, restaurants, other food vending areas, ballrooms, meeting rooms, public and employee restrooms, all retail spaces, guest laundry, exercise room, business center, guest sleeping rooms designated for people who have impaired hearing, etc.

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Accessible Transient Lodging Guest Sleeping Rooms as Defined by the ADA

Accessible transient lodging guest sleeping rooms must comply with the Americans with Disabilities Act (ADA). Hotels, motels, and inns must have a minimum number of accessible sleeping rooms based on the overall number of sleeping rooms. These accessible sleeping rooms must have accessible features and, if installed, accessible bathing rooms and kitchens or kitchenettes.

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Accessible Transient Lodging and the Americans with Disabilities Act

Owners or operators of transient lodging must maintain their facilities in compliance with the ADA. This article only discusses the general requirements for ADA compliance for accessible transient lodging in public accommodations. The details for scoping and technical requirements for transient lodging must be used to verify ADA compliance of transient lodging facilities.

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Profitability versus Accessibility - Which Will You Choose?

For existing facilities that are not undergoing alterations, and regardless of the age of the facility, owners, operators and tenants still have an obligation to remove barriers to ADA compliance to the maximum extent that is readily achievable. And if your entity is profitable, readily achievable is hard to deny. Newly designed and constructed facilities must comply with the new 2010 ADA Standards, and alterations to existing facilities must comply to the maximum extent feasible.

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