ADA Inspections | ADA compliance Surveys
What is an ADA Inspection?
An ADA compliance inspection refers to a thorough review or audit of a facility, property, or business to ensure compliance with the Americans with Disabilities Act (ADA), a U.S. law passed in 1990 that prohibits discrimination against individuals with disabilities. The ADA mandates that businesses, public accommodations, and other facilities provide equal access and services to people with disabilities by removing physical architectural barriers.
The goal of an ADA inspection is to identify areas where a business may not be compliant with ADA standards and provide recommendations for remediation. This inspection in California is typically conducted by a Certified Access Specialist (CASp), a professional well-versed in the ADA’s legal standards, building codes, and accessibility requirements.
Components of an ADA Compliance Inspection
An ADA inspection will assess multiple aspects of a property or facility, depending on the type of business and its services. Some of the key components include:
Exterior Accessibility
Parking Lots: ADA regulations mandate that a specific number of parking spaces must be accessible, including van-accessible spaces with appropriate signage, proper dimensions, slopes etc..
Accessible Routes: Walks leading to the accessible entrance(s) of a building need to be free from obstructions, with proper width and slope to accommodate wheelchairs or mobility devices. Ramps or platform lifts may be needed in some circumstances if stairs are present.
Signage: Proper ADA-compliant signage is necessary throughout the premises, especially for indicating accessible parking spaces, entrances, restrooms, and exits.
Interior Accessibility
Entrances: The primary entrance to a building must be accessible. This includes having doors that are easy to open or equipped with automatic door openers.
Paths of Travel: All hallways, corridors, and rooms must allow sufficient space for wheelchair access. Elevators or lifts may be required for multi-story buildings.
Restrooms: Public restrooms are a critical focus in ADA compliance. They need to have grab bars, accessible sinks, appropriately placed fixtures, and turning space for wheelchairs.
Counter Heights: Service counters, cash registers, and reception desks need to be at a height that accommodates individuals using wheelchairs.
Seating: Restaurants, theaters, and waiting areas must provide accessible seating options, ensuring there is ample space for mobility devices.
How ADA Inspections Benefit Business Owners
ADA inspections offer a multitude of benefits to business owners, helping them avoid legal, financial, and reputational risks while also improving their business operations. Here are some of the significant benefits:
Avoiding Legal Penalties and Lawsuits
One of the primary reasons businesses should conduct ADA inspections is to avoid the potential for lawsuits or regulatory fines. Non-compliance with ADA can lead to costly legal actions by individuals with disabilities or government enforcement agencies. The ADA is a civil rights law, and violations can lead to both federal and state-level lawsuits.
ADA lawsuits are common, especially in California. For example, individuals or advocacy groups can file "drive-by" lawsuits—cases initiated after attempting to visit a business and identifying any non-compliance issue. In these cases, businesses can be sued without prior notice, leading to expensive settlements.
Conducting an ADA inspection proactively helps business owners identify potential issues before they become legal problems, ensuring that corrective actions can be taken without the pressure of a lawsuit. Since California has more restrictive accessibility standards, our Certified Access Specialists (CASp) will often recommend that our California clients have their facilities CASp inspected for both state and federal compliance rather than only having the site evaluated under the ADA standards.
Increased Customer Base
By ensuring that a business is fully accessible, business owners can tap into a broader customer base. According to data from the Centers for Disease Control and Prevention (CDC), 26% of adults in the United States live with a disability, which translates to millions of potential customers.
When people with disabilities know that a business is ADA-compliant, they are more likely to visit, make purchases, and return. Accessible facilities also encourage positive word-of-mouth marketing, as individuals with disabilities, their families, and advocacy organizations often share information about accessible businesses.
In essence, ensuring accessibility can help businesses attract new customers and increase revenue.
Enhanced Reputation and Public Relations
Businesses that actively engage in ADA compliance demonstrate a commitment to inclusivity and social responsibility. This helps build a positive public image and enhances the business's reputation in the community.
In today’s socially conscious market, consumers are increasingly looking to support businesses that align with their values. A business that promotes accessibility and inclusiveness can gain favor with a broader segment of the population, including non-disabled individuals who view the business as ethical and responsible.
Additionally, ADA compliance can be used as a marketing tool. Businesses can advertise their accessible features on their websites, social media, and other marketing materials to attract customers who value accessibility.
Tax Incentives for ADA Compliance
The IRS offers tax incentives to businesses that make ADA-related improvements. Two key incentives are:
Disabled Access Credit (Form 8826): This credit is available to small businesses with 30 or fewer employees or annual revenues below $1 million. It provides a tax credit of up to 50% of the costs of improving accessibility, with a maximum credit of $5,000 per year.
Barrier Removal Tax Deduction: Businesses can deduct up to $15,000 per year for removing physical barriers in existing buildings, such as installing ramps or widening doorways.
By conducting an ADA inspection and making the necessary changes, businesses can take advantage of these incentives, helping offset the costs of compliance.
Avoiding Loss of Business Licenses and Permits
In some jurisdictions, non-compliance with ADA standards can lead to the loss of business licenses or permits. This is particularly true for businesses that operate in heavily regulated industries, such as healthcare, hospitality, and transportation. An ADA inspection can help business owners ensure that they remain compliant with local, state, and federal regulations, reducing the risk of losing their ability to operate.
Improved Employee Productivity and Satisfaction
ADA compliance is not only about customers; it also pertains to employees. Ensuring that the workplace is accessible to employees with disabilities helps create an inclusive and supportive work environment. This can lead to increased employee satisfaction, better morale, and lower turnover rates.
Moreover, making accommodations for employees with disabilities can enhance productivity. Simple changes like providing adjustable workstations, improving access to office facilities, or using assistive technology can enable employees with disabilities to work more efficiently.
How to Schedule an ADA Inspection
An ADA inspection is a critical process for ensuring that a business is compliant with the Americans with Disabilities Act. It covers a wide range of elements, from physical accessibility to communication and programmatic policies. By conducting an ADA inspection, business owners can avoid legal penalties, attract a broader customer base, improve their public image, take advantage of tax incentives, and foster a more inclusive workplace.
In an increasingly competitive and socially conscious market, ADA compliance is not just a legal obligation—it’s a strategic advantage that can significantly benefit business owners both financially and reputationally.
ADA inspections do not consider state or local codes that may apply to any particular property. ADA compliance inspections are typically reserved for national clients or facilities located outside of California. We also perform ADA compliance surveys for California facilities or defense attorneys that wish to limit the scope of inspection to the ADA only. In most cases, California clients are better served by receiving a CASp inspection report using the ADA standards and California Building Code.