When contemplating how and when to bring a building up to ADA standards, two important terms to understand are “public accommodation” and “readily achievable”. Buildings not covered by this exemption are a shopping center or mall, the professional office of a health care provider, a terminal, depot or other station used for specified public transportation, or an airport passenger terminal. The Act includes an elevator exemption that does not require the owner to install an elevator in a facility that is being altered if it is less than three (3) stories, or less than 3,000 square feet per story. It is therefore prudent to have local authorities involved with those decisions. However, this in turn requires subjective decision making for each building. Fortunately, the ADA recognizes that it is not always possible to bring existing buildings up to the standards applicable for new buildings. The extent of ADA compliance requirements for existing buildings is ambiguous. With the passing of this legislation, additional responsibilities have been placed on building owners and managers. The public accommodations and commercial facility portion of the Americans with Disabilities Act became effective on January 26, 1992. The ADA is often mistaken for a building code, when it is in fact a civil rights act.
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