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When
It Comes to the ADA, It’s What You Don’t Ask that Might Hurt
You!
Signed into
law on July 26 1990, the Americans with Disabilities Act is a
wide-ranging legislation intended to make American Society more
accessible to people with disabilities.
Q: What Has to
be Done?
For the purpose of our discussion, Title III deals
directly with issues revolving around doors, locking hardware and
accessibility of your buildings. Title III stipulates that in
existing facilities, barriers to services must be removed if
“technically feasible.”
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“The
Americans with Disabilities Act allows Individuals to Sue
to Enforce
Compliance” |
Q: Does
“technically feasible” include cost considerations?
Cost is not a
factor in determining whether an action would be technically
feasible. Technically infeasible includes actions such as the
removal of a load-bearing member that is an essential part of the
structural frame of a building.
Q: Who Must Comply?
While
the employment provisions of the ADA apply to employers of fifteen
employees or more, its public accommodation provisions apply to all
sizes of business, regardless of number of employees. Simply stated;
if a customer will ever potentially visit your facility, you need to
comply.
Q: What Will Happen if I Don't Comply?
This is the
million-dollar question. The ADA is civil rights law, so compliance
is not overseen by local building code or an official agency.
Compliance is exercised either through private suit or by the
Department of Justice. If someone feels you have discriminated
against him or her by denying access, the government will help them
sue you.
Q: How Do I Comply ?
The door hardware industry
has developed many products including leverhandle locks, assisted
door operators and keyless entry systems which make it possible to
retrofit your existing entrances to comply. To get a detailed quote
on what needs to be done in your facility, contact our office and we
will provide a no-obligation survey to determine your
needs.
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