ADA Compliance

When must state and local government facilities comply with the Americans with Disabilities Act?

No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any public entity.

28 CFR §35.130

What constitutes a public entity?

  1. Any State or local government;
  2. Any department, agency, special purpose district, other instrumentality of a State or States or local government and;
  3. The National Railroad Passenger Corporation, and any commuter authority.

28 CFR § 35.104

What is the time period for compliance with ADA for government facilities?

Where structural changes in facilities are undertaken to comply with the obligations established under this section, such changes shall be made within three years of January 26, 1992, but in any event as expeditiously as possible.

28 CFR § 35.150(C)

When must commercial facilities comply with the Americans with Disabilities Act?

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.

28 CFR §36.201

What constitutes a place of public accommodation?

Public accommodation means a facility, operated by a private entity, whose operations affect commerce and fall within at least one of the following categories:

28 CFR § 36.104

By what date must commercial facilities comply with ADA?

All places of public accommodation should comply with the Americans with Disabilities Act as of January 26, 1992.

28 CFR § 36.508

What are the Texas Accessibility Standards (TAS)?

TAS was established by the Texas Department of Licensing and Regulation for purposes of administering the state Architectural Barriers Act, Article 9102, Texas Civil Statutes. TAS is based on the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and applies to subject building and facilities constructed on or after April 1, 1994. The expressed purpose of TAS is to merge the federal and state standards for accessibility. Utilizing TAS will also satisfy ADAAG and therefore meets all state and federal requirements.

When must plans and specifications be submitted to the State for approval?

All plans and specifications for construction or for the substantial renovation, modification, or alteration of a building or facility that has an estimated construction cost of $50,000 or more and that is subject to the provisions of this article shall be submitted to the department of licensing and regulation for review and approval prior to the time that construction or that substantial renovation, modification, or alteration on the building or facility begins...

quoted from Texas Civil Statutes Article 9102

For a printable list of ADA Regulations for COMMERCIAL facilities click here

For a printable list of ADA Regulations for GOVERNMENT facilities click here

For a list of our ADA compliance clients click here

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