24 November 2022 By Admin
If you own or manage a commercial property, there is no avoiding the fact that you need to take responsibility for making sure that it is ADA-compliant. The Americans with Disabilities Act, or ADA, has been around for over 30 years. Yet, many business owners and property managers still don’t know what needs to be done to meet the requirements. This is where working with an ADA construction company like Protrk® Construction can help you to avoid a Federal lawsuit!
The most challenging part about ADA compliance for most business owners and property managers is that there is no easy ‘cheat sheet’ for them to follow to ensure they follow the law. The ADA guidelines are very complex, and most of the time, a business only finds out they are not compliant when they receive a complaint or a lawsuit. You can preempt this situation by working with an ADA construction company to identify problem areas and make a plan to resolve them. At Protrk® Construction, we only handle ADA construction. That means we are working with the ADA guidelines day in and day out. We know them intimately and can help ensure that your building is ADA-compliant.
The ADA came into law in 1990 and is designed to prevent discrimination against those with disabilities. As an ADA construction company, we focus on the design elements of the law and making properties accessible to disabled individuals. However, the ADA as a whole extends far beyond that. It also protects disabled people from discrimination in all areas, including employment, housing, and more. Aside from addressing accessibility issues, you may find that your business must also make sure they comply with the ADA regarding the rights of any disabled employees you have.
As noted above, the ADA sets out requirements for making your building accessible. Title III is the specific area of the law that you need to comply with within this context. However, in California, you will also want to pay attention to the California Building Code since there are even stricter laws regarding accessibility here in the Golden State! The ADA applies nationwide, and there are very few exemptions. Even buildings erected before the ADA was passed in 1990 still need to take steps to become compliant, although this can sometimes wait until renovation work is required. Failure to comply with the ADA can result in hefty fines and Federal lawsuits. It can also damage the reputation of your business. The disabled community is a vocal one. If you are known not to make accommodations for them, it is only a matter of time before word of mouth spreads, making your business look uncaring and discriminatory. With almost 20% of the adult population living with a disability, few businesses can afford to alienate such a large group of potential customers.
A number of hotspots around your property are the most common areas that fail ADA compliance checks. These include restrooms, drinking fountains, elevators, parking lots, entrances, and signage. Talk to an ADA contractor about what needs to be done to make these areas ADA-compliant; you will most likely be surprised!
While descriptions of the ADA and the accessibility guidelines are readily available online, they can be challenging to understand, especially when you are not experienced. The best way to ensure your business is ADA-compliant and consult with an ADA contractor to help you identify problem areas and work with you to decide on the best plan of action to remove barriers to accessibility and make your property ADA-compliant.
There can be a tendency to take a ‘wait and see approach to ADA compliance. However, this is not something that we would ever recommend. While we understand the temptation to avoid paying for construction work until you are notified about an ADA violation, this could result in a costly legal battle for your business. It’s a matter of if, not when, you will be hit with an ADA complaint or Lawsuit. When that day comes, it could mean some hefty fines. In addition to an ADA lawsuit, California law considers each individual violation a civil rights violation carrying minimum damages of $4000 per violation. Working with an ADA contractor and preemptively taking care of any present violations will be far more cost-effective in the long run than facing a lawsuit.
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Why Wait to be "Forced" into ADA Compliance. If you are a public business or public property owner, save money, lawsuits, time and headaches by being prepared and avoiding it all in the first place. It’s time to call in the ADA pros. Use Protrk, an ADA construction expert, to Get it Done Right Prior to Forced Compliance.
Call 415-813-9877 today or visit www.protrkconstruction.com for more details.
Being involved in ADA design and construction has given me the opportunity to help a lot of business owners and commercial property owners prevent costly ADA compliant lawsuits.
Owner & Founder Protrk®
Tested & Proven
Working For You
For ADA Compliance
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