Owners and operators of retail, hotel and other commercial properties are now required to be in full compliance with new ADA regulations, effective March 15, 2012 CHICAGO, March 20, 2012 /PRNewswire/ -- New Americans with Disabilities Act (ADA) regulations originally announced in 2010 officially took effect on March 15. Property owners across the country will now be required to meet these expanded regulations for renovation or construction projects, or risk ADA compliance lawsuits. What's New The ADA is a complex law that has not previously had any major refinements since it was signed into law in 1990. In the past, charges of non-compliance have led to a number of lawsuits, which have led to fines and civil penalties when plaintiffs were successful. Properties for which construction was completed before March 15, 2012 fall under the safe harbor provision and are considered to be in compliance as long as they meet the original standard. Conversely, projects for which renovation or construction is completed after the cut-off date will be required to comply with the new rules immediately. Some of the significant changes to existing regulations include: - The side reach range of equipment in accessible areas has been reduced to be no higher than 48 inches (instead of 54 inches) and no lower than 15 inches (instead of 9 inches). - Construction tolerances for dimensions of equipment (such as grab bars) stated as a range will be eliminated. - In single-user toilet rooms, the water closet now must provide clearance for both a forward and a parallel approach and, in most instances, the lavatory cannot overlap the required clear space around water closets. - Increased requirements for accessible routes within buildings - More stringent slope requirements for clear floor space at accessible elements - Each pool must have its own wheelchair lift -- one moveable lift for multiple pools in a facility is no longer acceptable. (A statement from the Department of Justice has extended this requirement by 60 days.) In commercial buildings, the ADA applies mainly to areas open to the public. In the past, ADA lawsuits have centered mainly on retail, restaurant and hospitality chains, since these are organizations with many locations that often share similar or identical designs. A non-compliance issue at one location is likely to be repeated at many locations, greatly magnifying the potential liability. To help owners and operators avoid the potentially millions of dollars in legal fees and civil penalties, the Jones Lang LaSalle Project and Development Services group, together with LCM Architects, a leading national architecture and design firm specializing in ADA-friendly design, offers an ADA compliance platform. This construction management program assists owners in achieving ADA compliance and is particularly focused on the needs of multi-site property portfolios.
