Article

Taking new space in old building; ADA comply?

Provided by:  Jennifer Kirschenbaum, Esq.

October 4, 2018

 

Question:

Hi Jennifer,

I am taking new space in an old building that I do not believe is ADA compliant - no ramp.  Is that a problem?  Can I just grandfather in?

Thanks, Dr. P

Answer: 


Could be a problem.  Updates to the ADA are very specific on building "build date", renovation dates, effort required by small business for compliance, etc.  For instance, buildings before 1991 have different requirements for adherence depending on whether or not they have been renovated over the years.  Newer buildings are required to comply or be fixed.  

The ADA provides a detailed overview of requirements in its (fairly) recent guidance - https://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm.  
 
 Under the unique circumstances where ADA compliance in a new building is really not feasible because of a structural issue - (such as Ramp access in a very steep incline entrance), you may have to exhaust possibilities by seeking municipal confirmation through the input of plans to show you attempted compliance (if, or in case of, challenge).  

Compliance with ADA is absolutely fact specific - based on structure, build date, reno, and resources of business (at a minimum).  


*************************************************************
 

Every NYS Employer (no matter the size) is required to have Sexual Harassment Policies and Train NOW. 
Order Policies and Training here:   

https://www.kirschenbaumesq.com/page/practice-compliance


Learn about the law and what you need by watching our Free webinars: 
Webinar 1: CLICK HERE NYS Free Sexual Harassment Policies: Employer Beware (overview in 6 minutes) 
AND
Webinar 2: CLICK HERE NY Sexual Harassment Training Requirements: Protecting Your Business from your Employees


Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!
Taking new space in old building; ADA comply? - October 4, 2018 - Jennifer Kirschenbaum

Article

Taking new space in old building; ADA comply?

Provided by:  Jennifer Kirschenbaum, Esq.

October 4, 2018

 

Question:

Hi Jennifer,

I am taking new space in an old building that I do not believe is ADA compliant - no ramp.  Is that a problem?  Can I just grandfather in?

Thanks, Dr. P

Answer: 


Could be a problem.  Updates to the ADA are very specific on building "build date", renovation dates, effort required by small business for compliance, etc.  For instance, buildings before 1991 have different requirements for adherence depending on whether or not they have been renovated over the years.  Newer buildings are required to comply or be fixed.  

The ADA provides a detailed overview of requirements in its (fairly) recent guidance - https://www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm.  
 
 Under the unique circumstances where ADA compliance in a new building is really not feasible because of a structural issue - (such as Ramp access in a very steep incline entrance), you may have to exhaust possibilities by seeking municipal confirmation through the input of plans to show you attempted compliance (if, or in case of, challenge).  

Compliance with ADA is absolutely fact specific - based on structure, build date, reno, and resources of business (at a minimum).  


*************************************************************
 

Every NYS Employer (no matter the size) is required to have Sexual Harassment Policies and Train NOW. 
Order Policies and Training here:   

https://www.kirschenbaumesq.com/page/practice-compliance


Learn about the law and what you need by watching our Free webinars: 
Webinar 1: CLICK HERE NYS Free Sexual Harassment Policies: Employer Beware (overview in 6 minutes) 
AND
Webinar 2: CLICK HERE NY Sexual Harassment Training Requirements: Protecting Your Business from your Employees


Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!