Infosheet

ADA Accessibility Checklist

Issue link: https://resources.twc.edu/i/1178418

Contents of this Issue

Navigation

Page 1 of 14

The goal of the survey process is to plan how to make an existing facility more usable for people with disabilities. The Department of Justice (DOJ) recommends the development of an Implementa- tion Plan, specifying what improvements you will make to remove barriers and when each solution will be carried out: "…Such a plan…could serve as evidence of a good faith effort to comply…." Technical Requirements This checklist details some of the requirements found in the ADA Standards for Accessible Design (Standards). The ADA Accessibility Guidelines (ADAAG), when adopted by DOJ, became the Standards. The Standards are part of the Department of Justice Title III Regulations, 28 CFR Part 36 (Nondiscrimination on the basis of disability… Final Rule). Section 36.304 of this regu- lation, which covers barrier removal, should be reviewed before this survey is conducted. However, keep in mind that full compliance with the Standards is required only for new construc- tion and alterations. The requirements are pre- sented here as a guide to help you determine what may be readily achievable barrier removal for ex- isting facilities. The Standards should be followed for all barrier removal unless doing so is not readily achievable. If complying with the Standards is not readily achievable, you may undertake a modification that does not fully com- ply, as long as it poses no health or safety risk. In addition to the technical specifications, each item has a scoping provision, which can be found under Section 4.1 in the Standards. This section clarifies when access is required and what the exceptions may be. Each state has its own regulations regarding accessibility. To ensure compliance with all codes, know your state and local codes and use the more stringent technical requirement for every modifi- cation you make; that is, the requirement that provides greater access for individuals with disabilities. The barrier removal requirement for existing facilities is new under the ADA and supersedes less stringent local or state codes. Checklist for Existing Facilities version 2.1 Checklist for Existing Facilities version 2.1 © revised August 1995, Adaptive Environments Center, Inc. for the National Institute on Disability and Rehabilitation Research. For technical assistance, call 1-800-949-4ADA (voice/TDD). 2 Introduction Title III of the Americans with Disabilities Act requires public accommodations to provide goods and services to people with disabilities on an equal basis with the rest of the general public. The goal is to afford every individual the opportunity to benefit from our country's businesses and services, and to afford our businesses and services the opportunity to benefit from the patronage of all Americans. The regulations require that architectural and communication barriers that are structural must be removed in public areas of existing facilities when their removal is readily achievable—in other words, easily accomplished and able to be carried out without much difficulty or expense. Public accommodations that must meet the barrier removal requirement include a broad range of establishments (both for-profit and nonprofit)—such as hotels, restaurants, theaters, museums, retail stores, private schools, banks, doctors' offices, and other places that serve the public. People who own, lease, lease out, or operate places of public accommodation in existing buildings are responsible for complying with the barrier removal requirement. The removal of barriers can often be achieved by making simple changes to the physical environment. However, the regulations do not define exactly how much effort and expense are required for a facility to meet its obligation. This judgment must be made on a case-by-case basis, taking into consideration such factors as the size, type, and overall financial resources of the facility, and the nature and cost of the access improvements needed. These factors are described in more detail in the ADA regulations issued by the Department of Justice. The process of determining what changes are readily achievable is not a one-time effort; access should be re-evaluated annually. Barrier removal that might be difficult to carry out now may be readily achievable later. Tax incentives are avail- able to help absorb costs over several years. Purpose of This Checklist This checklist will help you identify accessibility problems and solutions in existing facilities in order to meet your obligations under the ADA.

Articles in this issue

view archives of Infosheet - ADA Accessibility Checklist