How to Comply With Handicap Accessibility Standards

All public buildings have certain handicap accessibility standards.

When constructing or renovating a building, it is common to inquire how to comply with handicap accessibility standards. Handicap accessibility standards are based in federal law, but are also specified in many state building codes. A failure to adhere to handicap accessibility standards cannot only prevent one from obtaining proper building approvals but also may result in the imposition of litigation and fines. As a result, it is important to comply with all handicap accessibility standards.

Things You'll Need

• Building plans
• Local building codes

Instructions

Check the Legal Requirements

1. Review Title II of the Americans with Disabilities Act (ADA). If the building is one which will accommodate the general public, such as a library, government office or post office, it is necessary to adhere to ADA standards. Section II of the Act, explains the specific requirements public buildings must meet, such as having wheelchair ramps, elevators and other accessibility features. Alternatively, if the building is a privately-owned business or a non-profit open to the public, such as a retail store, a doctor's office or the headquarters of a national charity, the Americans with Disabilities Act Title III will apply. Title III also indicates the type of standards required when performing work on a building.

2. Review the Fair Housing Act (FHA) and determine if it applies to your property. The FHA applies to private properties, state and local housing properties and properties which receive federal funds. Under the FHA, if a potential building modification to allow access for a disabled tenant in their home or a common area is deemed financially and logistically "reasonable," the change must be made by a landlord. In addition, the FHA indicates that new construction for buildings 4 or more housing units must be handicapped accessible.

3. Consider if the Architectural Barriers Act (ABA) applies. Under the ABA, any building designed, built or leased with federal funds must be handicapped accessible. If you are going to lease the building, check to see if you are leasing to a federal entity. Ultimately, under the ABA, there are no exceptions to the ADA guidelines and therefore, the building must meet ADA standards.

4. Examine local laws and state building codes. This body of law is crucial to consider, especially since your local building official will typically grant your final building approvals. You should consider contacting your local building department office early in the process in order to ensure that all handicap accessibility requirements are fulfilled in both the design and final construction in order to avoid any problems.

Tips & Warnings

• Your architect can be very helpful and offer insight regarding handicap accessibility standards. You may want to ask him for his insights to help you determine how to comply.

• This is general information and does not constitute legal advice. One should always consult an attorney before engaging in any transaction involving legal matters.

References

• Americans with Disabilities Act

Resources

• Fair Housing First