Is Your Building ADA Compliant....?

There is an interesting little fact about the American with Disabilities Act that should worry any commercial property owner.

The ADA permits disabled individuals to help enforce the ADA by suing you. You will probably never have met the person. Occasionally,lawsuits are valid due to a business owner’s complete disregard for the ADA but many of these lawsuits - especially in California and Florida - are “drive-by” lawsuits.  If a disabled individual drives past your builidng and notices that the handicapped parking spot is not wide enough, he or she can bring suit against you.   It's that simple.

Getting fully into compiance isn't.

There are few training programs and a local municipal bulding inspector may or may not have the expertise to determine if the door pressure is too great (doors should open with less than five pounds psi) or close too quickly.  Add in proper signage (to exacting details), slopes on walkways, the height of a paper towel dispenser and even the height and distance of travel for water at a water fountain and the process quickly overwhelms most inspectors.

What's more, when doing your due diligence for commercial purchases, the ADA compliance is usually not included.  An exceedingly few inspectors are willing to take on the additional liability of this type of inspection. Your best option is to search for an inspector that has studied the issue and is conversant with the requirements of the ADA, ICC accessibility code and commercial inspection.

You may be inclined to believe that the expense of complying with the ADA is not worth the effort.  Fines can be as high as $55,000 for the first offense.  That would purchase a lot of compliance.  Something to think about....