Generally, Title III of the Americans with Disabilities Act (ADA) prohibits discrimination by entities to access and use of “areas of public accommodations” and “commercial facilities” on the basis of disability. Regardless of their age, these areas and facilities must be maintained and operated to provide the following:
Provide goods and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.
Eliminate unnecesary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services of public accommodation.
Make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration would result in the nature of the goods and services provided.
Furnish auxiliary aids when necessary to ensure effective communications, unless an undue burden or fundamental alteration would result.
Remove architectural and structural communication barriers in existing facilities where readily achievable.
Provide readily achievable alternative measures when removal of barriers is not readily achievable.
Provide equivalent transportation services and purchase accessible vehicles in certain circumstances.
Maintain accessible features of facilities and equipment.
Design and construct new facilities and, when undertaking alterations, alter existing facilities in accordance with the “Americans with Disabilities Act Accessibility Guidelines issues by the Architectural and Transportation Barriers Compliance Board and incorporated in the final Department of Justice Title III regulation.” www.ADA.gov
The Department of Justice published revised regulations in September, 2010 for Titles II and III of the Americans with Disabilities Act of 1990 “ADA” in the Federal Register. The revised enforceable accessibility standards went into effect on March 15, 2012 are called the 2010 ADA Standards for Accessible Design “2010 Standards” or “Standards”. The 2010 Standards set minimum requirements – both scoping and technical — for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.
The rule includes a general “safe harbor” under which elements in covered facilities that were built or altered in compliance with the 1991 Standards would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration. A similar safe harbor applies to elements associated with the “path of travel” to an altered area.
Eagle Spec Inspections includes an ASTM E 2018-08 Tier II: Abbreviated Accessibility Survey (ADA survey)