Title III of the ADA applies to businesses regarded as “public accommodations” and includes hotels, motels, inns, bars, restaurants, recreation centers, and gyms, to name a few. If your business regularly caters to the public, you are required to comply. Meeting ADA Standards is good business if you wish to deliver the same excellent experience to disabled guests.
FAQ
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1. Do All Businesses Need to Comply with the Americans with Disabilities Act (ADA)?
2. Do Accessibility Requirements Under State or Local Laws Meet Federal Guidelines Under the ADA?
Hotels that adhere to ADA Standards may also be required to meet accessibility requirements under local and state laws. Many state building codes, which include accessibility requirements, are based on national models but state and local code requirements may vary significantly. Any design or construction under state and local codes will comply with ADA Standards when the codes provide accessibility that equals or exceeds ADA requirements. The responsibility is on building owners and designers to ensure compliance with federal and state laws.
3. Who is Responsible for Complying with the ADA?
Hospitality owners and operators are jointly liable for non-compliance with the ADA. Accessibility requirements should be embedded in policies, practices, procedures throughout the ownership and management of the property.
4. Who is a CASp?
A Certified Access Specialist (CASp) is certified by the State of California as having a specialized knowledge of construction-related accessibility standards at the federal and state levels. A CASp can conduct property inspections to check for and advise on applicable accessibility codes and standards such as the ADA.
5. Is inspection by an ADA consultant a legal requirement?
Having your property reviewed by a CASp demonstrates that you care about offering equal access and enjoyment to all customers. A CASp is a certified individual with knowledge of various accessibility codes, standards, and regulations. They will be able to guide you in the standards applicable to your property, based on its age and history of improvements. A CASp is also qualified and licensed to grant a “Qualified Defendant” status to clients, helping decrease the property owner’s liability and providing legal benefits in the event of an accessibility claim, such as reduced minimum statutory damages from $4,000 to $1,000 per offense.
6. Is there a grace period for compliance?
Small businesses (fewer than 50 employees) have a grace period from the liability of statutory damages for 120 days following the date that an area or a structure was inspected by a CASp, to give businesses time to remove the barrier identified by the CASp. If a building permit is needed to correct violations, businesses may be granted a 180 days grace period.
7. What Are the Advantages of Involving a CASp Consulting Firm?
In general, hotels, motels, inns, and all places of lodging designed or constructed after January 26, 1993, must meet the ADA Standards for Accessible Design, but there is no law requiring hotels to hire a CASp. However, hotels that do not comply with Title III of the ADA can face lawsuits and financial penalties. Changes to the law have made it easier for disabled individuals to prove hotels’ non-compliance. Viewing ADA compliance as a safeguard against legal action and reputational damage will be in the best interest of your business.
8. What Are the Costs of the ADA Compliance Consultation?
Apertum Access offers a broad range of ADA compliance services, including review and product specification, inspections and corrections, specifications writing, and cost estimates. Costs are based on the scope of the consultation and the details involved. Our CASp is highly involved in the process and provides prompt clarifications to all your questions.
9. What areas will a CASp inspect?
- Ease of approaching and egressing your facility, which encompasses parking and loading zones, exterior routes, and building entrance and lobby. Handicap-accessible parking spaces, ramp near the main entrance, requirements for protruding objects.
- Guest Room and suite (appropriate passage width, roll-in showers, visual smoke alarm).
- Public/Common use restrooms (at least one accessible lavatory, urinal, stall/toilet; appropriate clear floor space for wheelchair-bound guests; horizontal grab bars in accessible toilets).
- Foodservice areas (no abrupt vertical level changes to tables, appropriate tray slide heights above the floor, and width of queue lines for cafeteria-style dining).
10. What Happens After an Inspection of My Facility?
After an inspection of your facility, we will provide a CASp Inspection Report and Disability Access Inspection Certificate. The certificate is a record of compliance; it does not attest that your facility is compliant with applicable requirements. The inspection report states a determination of either “meets applicable standards” or “inspected by a CASp”. If your report has a determination “inspected by a CASp”, it will identify violations of applicable standards, list improvements for correction, and have a schedule for completion over a reasonable time.
