Does ADA Apply to Pre-1992 Construction or Alteration?
The Americans with Disabilities Act (ADA) is a landmark legislation that was enacted in 1990 to ensure that individuals with disabilities have equal access to public accommodations, employment, transportation, state and local government services, and telecommunications. One of the most frequently asked questions regarding ADA compliance is whether it applies to pre-1992 construction or alterations. This article aims to provide a comprehensive overview of this topic.
Understanding the ADA’s Scope
The ADA primarily focuses on ensuring that new construction and alterations made to buildings and facilities after the act’s enactment in 1990 are accessible to individuals with disabilities. However, the application of the ADA to pre-1992 construction or alterations is not as straightforward. The act does not explicitly address the retroactive application to older buildings, but there are certain considerations that can help determine the extent of ADA compliance for such structures.
Exemptions for Pre-1992 Construction
Under the ADA, certain types of buildings and facilities are exempt from compliance with the act’s accessibility requirements. For pre-1992 construction, the following exemptions apply:
1. Private residential dwellings: The ADA does not require private residential dwellings to be accessible if they were constructed before 1990.
2. Existing facilities: The ADA does not require existing facilities to be altered to meet accessibility standards unless the alteration is made for reasons unrelated to compliance with the ADA.
Compliance for Pre-1992 Construction or Alteration
Even though there are exemptions for pre-1992 construction, certain circumstances may necessitate compliance with ADA standards. Here are some scenarios where ADA compliance may apply to pre-1992 construction or alterations:
1. Public accommodations: Public accommodations, such as restaurants, theaters, and hotels, are required to comply with ADA standards regardless of their construction date.
2. New construction or alterations: If a pre-1992 building undergoes new construction or alterations, the new or altered portions must comply with ADA standards.
3. State and local government facilities: ADA standards must be met for new construction or alterations to state and local government facilities, regardless of their construction date.
Conclusion
In conclusion, while the ADA does not explicitly apply to pre-1992 construction or alterations, there are certain circumstances where compliance with ADA standards is required. Understanding the exemptions and exceptions to the ADA can help businesses and property owners determine their obligations regarding accessibility. It is always advisable to consult with a legal professional or ADA compliance expert to ensure that your facility meets all applicable accessibility requirements.
