Issue link: https://read.dmtmag.com/i/107993
LEGAL CORNER required to be modified under ADA which is a little over 20 years old. There is no true "grandfather" provision under ADA except that in reality the qualification that the corrections must be able to be made with "reasonable modifications" is in the nature of a "grandfathering" provision for older properties where many of these fixes cannot be easily done without pulling walls down, etc. Of note, the U. S. Department of Justice issued a new rule in 2012 that amends and updates requirements for compliance with ADA. In a nutshell, they are as follows: Existing Facilities:If your business was in operation before January 26, 1993, then you need only remove existing barriers. If you are in compliance with the 1991 ADA Accessible Design Standards before March 15, 2012, then you need to do nothing. If you alter an element after March 15, 2012, you must comply with 2010 ADA Accessible Design Standards to the maximum extent feasible for any element undergoing alteration. New Construction: All new construction commenced after September 15, 2010, may meet either 1991 ADA Design Standards or 2010 ADA Accessibility Design Standards. New Construction:All new construction commenced after March 15, 2012, must comply with 2010 ADA Accessibility Design Standards. 2. ATM Machines – 2010 standards contain new requirements for the input, numeric and function keys (e.g. "enter," "clear," and "correct" on ATM keypads). If an existing ATM complies with the 1991 standards, no further modifications are required for the keypad. As you can see, this works a "safe harbor," not a "grandfather" provision. You either brought an existing facility into compliance with the 1991 standards or built a new facility after 1991 in compliance with those 1991 standards and, therefore, are "safe" from the new 2010 requirements. That is something far different than believing because your facility pre-dated the 1991 standards, you are somehow "grandfathered" in from having to comply. Again, we don't see these ADA letters all the time, but they seem to come in bunches, and we are experiencing them now in the Montgomery market. If you have any questions, you should contact your local attorney or feel free to call P&CMA or me. Do you recognize this P&CMA board member? This article does not allow setting out all of the particulars both in the new rules and the old, so it is critical that you have a qualified contractor who can assure your facility's compliance. The "Safe Harbor" provision set forth under "Existing Facilities" above essentially means that if your business facility was built or altered in the past 20 years in compliance with the 1991 standards, or you removed barriers to specific elements in compliance with those standards, you do not have to make further modifications to those elements – even if these new standards have different requirements for them – to comply with the 2010 standards. Two examples to illustrate how the "safe harbor" applies: 1. Dispenser Nozzles – 2010 standards lower the mounting height for dispenser nozzles from 54 inches to 48 inches. If your nozzles are already installed at 54 inches in compliance with the 1991 standards, you are not required to lower them to 48 inches. WINTER 2013 OIL PROPHETS 19