About
Welcome, this webpage is to help explain some frequently asked questions businesses may have about ADA legal requirements. This page is solely informative and should not be treated as legal advice.
FAQ
What are the ADA requirements for businesses?
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities and requires all public accommodations (businesses and non-profit organizations) to be accessible to individuals with disabilities.
What are the ADA requirements for architectural access?
New construction and alterations must fully comply with current ADA standards. Places of public accommodation built after the passage of the ADA must comply with the ADA standards in place at the time of construction or alteration.
Places of public accommodation that have not been altered since the passage of the ADA must remove architectural barriers when it is “readily achievable” to do so. Readily achievable means “easily accomplishable without much difficulty or expense.”
My place of business is old. Am I grandfathered in?
There is no grandfather clause in the ADA. Existing facilities that have not been altered in any way since the passage of the ADA are still obligated to bring their facilities into compliance when it is “readily achievable” to do so. "Readily achievable" is a slippery legal term and you should get advice from a knowledgeable lawyer to determine what you must do versus what you can defer. That said, certain things are almost always readily achievable:
- Installing the proper signs and notification devices
- Properly striping your parking lot to provide accessible parking
- Leveling minor slopes
- Mounting dispensers, towel holders, and switches at the proper height
Beyond all "readily achievable" changes, you must also comply with the ADA when you make "alterations" to your property. "Alterations", like "readily achievable", is a slippery term. According to the Florida Building Code, alteration means any construction, renovation, or change in a building component that does not add to or stretch the exterior dimensions of the structure. While the ADA doesn't require full compliance for unaltered features, there are important exceptions. For example, you generally must provide an accessible path of travel to the altered area, even if the path of travel itself wasn't part of the alterations.
Do the ADA requirements for architectural access apply to historic buildings?
The requirement to remove barriers when it is “readily achievable” to do so applies to qualified historic facilities to the extent that doing so does not threaten or destroy the historic significance of a facility.
When a historic facility is altered, the alteration must be done in compliance with current ADA standards to the maximum extent feasible without threatening or destroying the historic significance of the facility.
What are the most common accessibility complaints?
The most common complaints are access to entry, accessibility throughout the areas where goods and services are available, accessible restroom facilities, and accessible amenities, including counters, fountains, and parking.
Who can help me understand how the ADA applies to my business?
There are many online resources that provide information about the ADA. You can reach out to our building reviewers at the Building Department by calling 305-460-5245. In addition, you may call the entities listed below to speak with someone about how the ADA applies to your specific circumstance. These links will redirect you to sites not managed by the City of Coral Gables.
Department of Justice Civil Rights Division
United States Access Board
- Information about the technical requirements of the ADA
- (202) 272-0080
Is the landlord responsible for ADA compliance, or is it the tenant’s responsibility?
ADA compliance of facilities and common areas is a shared responsibility between the landlord and tenant.
Is there any financial help for business accessibility?
Yes, tax benefits and financial resources are available to assist businesses in complying with the ADA.
- Federal Disabled Access Credit – Up to $5,000 credit for eligible access expenditures for small businesses.
- Federal Barrier Removal Tax Deduction – Up to $15,000 per year for qualified expenses for businesses of any size.
What are the financial consequences of ADA noncompliance?
The ADA is a civil rights law, so each barrier to access represents a civil rights violation. Over the past several years, hoteliers, retailers and restaurant owners across the country have been slapped with thousands of private lawsuits for failing to meet the precise guidelines of the ADA. Often these lawsuits are brought by individuals who are not patrons of these establishments. Rather, they visit the establishment for the express purpose of finding a violation of the ADA and filing suit. These actions, known as “drive-by” lawsuits, have cost the hotel, retail and restaurant industries millions of dollars. Ultimately, the best thing a business can do to prevent a “drive-by” lawsuit is to comply with the ADA and to be proactive in addressing guest complaints. Finding out if your facility makes the grade—and taking the steps necessary to get your facility in line with ADA guidelines—will not only reduce the risk of a lawsuit, it will also make your facility safer and more welcoming for all guests.
Who can assess my business for necessary ADA improvements?
A licensed architect, contractor, or accessibility compliance specialist can be very helpful in assessing your business and determining what steps can be taken to achieve compliance, or to assist with preparing plans and obtaining permits to upgrade non-compliant facilities to current requirements. Based on the Florida Building Code, priority should be given to those elements that provide the greatest access, in the following order: (i) an accessible entrance; (ii) accessible route; (iii) restrooms; (iv) telephones; (v) drinking fountains; and (vi) parking, storage, and alarms.
Be sure to obtain proper permits before beginning any alteration or renovation project. For additional guidance on building code and permitting requirements, please contact Development Services at 305-460-5245. The city will also expedite your ADA improvement permit in accordance with resolution 2023-237.