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ADA Compliance: Who, What, where, when, why?

ADA Inspector - Johnny Moore - President of ADA Expert Inspections.

Who Needs ADA Inspections or Information?

Building owners and investors looking to purchase or refinance a new or existing building or property, building tenants or occupants, disabled people who need access to buildings or properties that are blocked or impeded by barriers, facility managers, risk managers, property managers,  architects, attorneys, Real Estate Attorneys, Hotels, Motels & Resorts, Restaurants, Bars & Banquet Facilities, Shopping Centers, Retail Stores, Office Buildings, Apartment Complexes, Mobile Home & RV Parks, Educational facilities, building contractors and all places of public accommodation.

What is ADA?

The Americans with Disabilities Act (ADA), which was passed into law in 1990,  gives civil rights protections to individuals with disabilities. These rights are provided to individuals on the basis of race, sex, national origin, and religion.  These rights help guide buildings and properties in becoming 'a place of accommodation'.  These places meet or exceed the Standards of Title III buildings that comply with the 2010 ADA Standards of Accessible Design.

The ADA is legislation that is intended to “establish a clear and comprehensive prohibition of discrimination on the basis of "disability” and to ensure access and participation in society for persons with disabilities"

It guarantees equal opportunity for individuals with disabilities in employment, transportation, public accommodations, state and local government services and telecommunications.

In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of significant changes to the definition of disability. The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees); Title II (programs and activities of state and local government entities); and Title III (private entities that are considered places of public accommodation).

Effective March 15, 2012, the applicable standards for new construction and alterations for either a public entity under Title II or a place of public accommodation under Title III were revised with the 2010 ADA Standards for Accessible Design.  There are five titles in the ADA Standards.

When is ADA Expert Inspections available to work?

ADA Expert Inspections, LLC will perform inspections anytime throughout the year.  We will work any day the facility or property is open and available.  We work Sunday through Saturday and even holidays.  If you are in a hurry for your report, we will work any day to accomplish your requests.

Where will ADA Expert Inspections Go?

ADA Expert Inspections, LLC will travel anywhere you are located.  We have performed inspections all over the country and points beyond.  There are no limits to the location or scope of work we can or will perform.

Why are ADA Inspections Required?

  • It's the Law! It guarantees the rights of equal opportunity for individuals with disabilities in employment, transportation, public accommodations, state and local government services and telecommunications.
  • ADA Inspections  help cover all of the 2010 ADA Standards for Accessible Design and guidelines to limit your liability.
  • ADA Inspections help cover all of the  2012 Florida Accessibility Code for Building Construction  guidelines to limit your liability.
  • The ADA Inspection Report  provides the information to  save your business the potential embarrassment, cost, and aggravation of an unexpected lawsuit.
  • You increase your brand experience  when you correct accessibility issues.
  • Changes in buildings due to renovations and additions happen over time by builders, contractors, owners, tenants, managers and others that often result in a non-compliant facility. The ADA Inspection Report provides awareness of items that might no longer be ADA compliant as well as possible solutions to correct the problem.
  • Builders are not 'Grandfathered in'  just because they were built prior to the 2010 ADA Standards for Accessible Design.  The report will point out areas for improvement for facility maintenance planning.

       Title III of the U.S. Code authorizes the Department of Justice to certify that State laws, local building codes, or similar ordinances meet or exceed the ADA Standards for Accessible Design for new construction and alterations. Title III applies to public accommodations and commercial facilities, which include most private businesses and non-profit service providers. Examples of covered businesses are restaurants, banks and commercial lending institutions, movie theaters, stadiums, grocery and convenience stores, health care facilities and professional medical offices to name a few.

Congress, by authorizing the certification of State and local accessibility requirements under title III, recognized the important role that state and local building codes and standards may play in achieving compliance with the building-related aspects of accessibility. State and local building officials who are involved in plan approval and construction inspection processes may provide important assistance to construction and design professionals through their oversight of the accessibility requirements of a certified State or local code.

And, in any legal challenge that might be brought under the ADA to facilities constructed in compliance with an ADA certified code, compliance with the certified code constitutes rebuttable evidence of compliance with title III of the ADA. The benefits of certification are not limited, however, to potential ADA lawsuits.

ADA Compliance: Who, what, where, when, why? ADA inspections

The costs or difficulty in achieving a barrier free facility and attaining ADA compliance is relatively small in relation to the size and the overall assets of the person or company that owns and/or leases the facility.  This means compliance with the ADA Laws with ADA inspections is of uppermost importance to ensure happy customers and patrons as well as keeping your legal costs down.

ADA Expert Inspections, LLC can provide the services you need with a supporting report that outlines the findings and condition of your building along with advice on how to correct all the barriers found during the assessment.

Having a state of mind to comply with the criteria of the ADA is the same as having 'peace of mind'.