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Americans with Disabilities Act, Title III

Friday, March 9th, 2012

Next Thursday, March 15, 2012, compliance with Americans with Disabilities Act, Title III becomes mandatory. Title III guarantees persons with disabilities are provided accommodations and access equal to, or similar to, the general public into commercial facilities and areas of public accommodation.

The 2010 updates are enforceable under civil rights law. This means that a person is able to file lawsuit if he/she has “reasonable grounds” for believing that discrimination is about to occur, rather than filing a grievance after the fact. A civil law suit can be filed with penalties of up to $100,000 imposed per offense.

To help facilitate the transition process, the U.S. Department of Justice (DOJ) is allowing a one-year “grace period” for businesses to prepare for the changes.

2010 ADA Guidelines

  1. Facilities that provide goods or services directly to the public: These facilities will be required to remove architectural barriers in existing buildings, and must make sure that newly built or altered facilities are constructed to be accessible. 
  2. Facilities that do not provide goods/services directly to the public: These facilities are only subject to new construction and alteration requirements.
  3. Small businesses with very limited parking (four or fewer spaces): These businesses must have one accessible parking space; though no new signage is required.
  4. Medium-Large Businesses: Non-van accessible parking stalls need to be 8’ wide with a 60″ aisle. For van-accessible parking, the van parking stall should be 11’, with a 60″ access isle. Plus, disabled parking signs are required on all accessible parking spaces, and should be easily visible, a minimum of 60″ off the ground.

However, specific ADA regulations will vary depending on location.

For additional information on the new ADA standards, please visit http://www.ada.gov/.

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Sources:

New ADA Standards Take Effect in 2012. How will the line striping contractor be affected?