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The Americans with Disabilities Act (A.D.A.) was passed in 1990 to ensure uniform compliance with standards for the benefit of those with disabilities. Its scope encompasses everything from the width of doorways and force required to open them to the use of Braille in elevators to assist the visually impaired. Most common in relation to pavement are the standards for disabled parking, access aisles, curb ramps, signage and markings etc. Some states and municipalities also have laws which regulate proper accessibility for the disabled. Many people think that all buildings older than 1990 are “grandfathered,” and do not have to comply with the federal requirements of the A.D.A. This is actually not true- all building owners are under an ongoing obligation to remove any and all barriers to entry. (Click here for a complete explanation of the A.D.A.)
A.D.A. advocates claim that businesses have had enough time and money to comply with the requirements and in 2014 Austin made tighter guidelines for new homes being built.
The ADA has regulations that apply directly to parking lots. These regulations govern all parking facilities including lots and ramps and require all public and commercial facilities to be compliant by March of 2012. If your parking facility is not already compliant it is not too late. The good news is there may be a tax credit available to small businesses who seek to improve access to their facility. A tax advisor should be consulted for further information on this.
Some important things to note: building owners and landlords can be jointly liable under the A.D.A. for tenant violations. Some owners believe since there have not been any previous complaints or injuries at their facility, that they cannot be held liable. ADA law, however, does not require a plaintiff to notify a business prior to suing it for compliance problems.
Some common ADA violations include: not complying with the “path of travel” obligations, incorrectly, constructed curb ramps, and excessive slopes in A.D.A. parking spaces.
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For more information and help with ADA compliance and for a free on-site estimate and honest evaluation of your property please fill out our contact form, or call us at 844-PAVETEX. You can learn more about our services here.