ADA Compliance Process by Evan Terry Associates

◼ An Overview of the Basic ADA Facility Requirements for Public Accommodations and Commercial Facilities

[Click here to view or download the PDF version of "An Overview of the Basic ADA Facility Requirements" (12 KB PDF)]

The ADA was signed into law on July 26, 1990 and became effective over a series of dates, the last of which, for private entities, was January 26, 1993. The key dates that apply to most facilities are as follows:

• New Construction¹ first occupied after January 26, 1993 was required to meet the full ADA Standards unless the plans were completed and submitted for permitting before January 26, 1992;

• Alterations physically started after January 26, 1992 were required to comply with the ADA Standards to the Maximum Extent Feasible, and

  • When an Alteration might affect the usability of a Primary Function Area, then additional Path of Travel barrier removal might also be required;

• Existing Places of Public Accommodation were required to remove Barriers to People with Disabilities where it was Readily Achievable to do so by January 26, 1992 and subsequently as conditions changed to make it Readily Achievable preferably reassessing it annually; (Note that Commercial Facilities are not required to remove barriers under the Readily Achievable requirement of the ADA);

• When physical removal of a barrier is determined not to be Readily Achievable, then the Public Accommodation must make their goods and services available to people with disabilities using alternate methods when that is Readily Achievable;

• Finally, private entities with more than 15 employees are required to make Reasonable Accommodations to allow their employees with disabilities to perform the essential functions of their jobs and to make it possible for them to enjoy an equal employment opportunity²

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1 All Italicized and capitalized words are defined in "ADA Facility Definitions".

2 The full requirements for Reasonable Accommodations under Title I of the ADA are too broad to be covered in this document. This reference is primarily to note that some Reasonable Accommodations that may exceed the simple requirements of the ADA Standards must be made in certain circumstances to allow prospective employees to have access to the employment process.

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_{Evan Terry Associates, P.C. • One Perimeter Park So, Suite 200S • Birmingham AL 35243}

_{• Phone 205/9729100 • TTY 205/9729112 • Fax 205/9729110}

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