The Americans with Disabilities Act (ADA) is a comprehensive piece of federal legislation that prohibits discrimination against anyone with a disability. The legislation is wide-reaching and applies to any business or organization that relies on the public or operates with 15 or more employees on staff.
Included in the ADA is a set of design standards for the construction and alteration of facilities that ensure access to the built environment for people with disabilities. These standards are enforced by the Department of Justice (DOJ) and apply to places of public accommodation, commercial facilities, and all state and local government facilities.
ADA compliance in Colorado looks much as it does in the rest of the country. As a federal law, the ADA applies no matter where you are in the United States. Compared to other states, however, Colorado is known to be especially litigious when it comes to ADA Title III (disability access) lawsuits.
As such, many Colorado businesses and institutions, like the University of Colorado Boulder, have taken it upon themselves to document their additional commitment to ADA compliance.
“At the University of Colorado Boulder, individuals with disabilities are entitled to access, support, and when appropriate, reasonable accommodations… A person with a disability who believes their disability is not being accommodated may file a complaint with the federal government through the U.S. Department of Education’s Office for Civil Rights; the U.S. Equal Employment Opportunity Commission or the U.S. Department of Justice.”
While these additional ADA commitments are not required, you can see how going above and beyond to ensure a safe, accessible environment for everyone is advisable.
Additionally, the team at OmegaStriping Solutions, Pueblo aim to ensure that all Colorado business owners are informed of how they can reach or maintain ADA compliance in their parking lots and beyond. That’s why we’ve gathered several supplemental resources to help you stay informed and ADA complaint.
A few additional resources include:
· 2010 ADA Standards for Accessible Design
· ADA Guidelines and Standards
· ADA Update: A Primer for State and Local Governments
· ADA Update: A Primer for Small Business
· Current Ada Regulations: Title III (Public Accommodations and Commercial Facilities)
Below are a few of the most commonly asked questions that relate to ADA compliance in Colorado, along with our answers and additional information. See below to learn more.
Q: Who Is Required To Be ADA Compliant in Colorado?
A: The Americans with Disabilities Act is federal law, as such it applies to all local, state and federal agencies, as well as any privately run company, nonprofit or charitable organization that serves the public and/or employs 15 or more employees.
Q: What Happens If You Aren’t ADA Compliant in Colorado?
A: ADA violations can result in a fine up to 75,000 for the first ADA violation and $150,000 for every subsequent violation thereafter.
Q: What does Built Environment mean?
A: The Built Environment is defined as any surrounding created by and for human activity, like a home or a parking lot. It includes all the physical parts of where we live and work, and heavily influences a person’s level of physical activity. For example, a wheelchair ramp that is inaccessible or nonexistent prevents a person with disabilities from patronizing a business.
Q: Do Parking Lots Have to Be ADA Compliant?
A: Yes. All physical construction and new alterations are now subject to the current ADA standards and outlined in the 2010 ADA Standards for Accessible Design. It should be noted, however, that each state and some municipalities exercise their right to set requirements above and beyond the ADA Standards.
Q: Who Is Exempt From The ADA in Colorado?
A: Since it is a federal law, the ADA does not apply to:
· Religious organizations
· Private clubs
· Any entity historically exempts from federal civil rights laws, such as:
· places of worship
· facilities controlled by religious organizations.
However, all new construction and alterations must still comply with 2010 ADA Standards for Accessible Design.
Q: How Do You Become ADA Compliant in Colorado?
A: Colorado business owners can ensure their parking structures are ADA compliant by contacting Omega Striping Solutions for a parking lot consultation. We’ll assess your current ADA compliance and provide recommendations on how to achieve a safe, accessible parking lot.
ADA Compliance for Parking lots, Garages and New Buildings
From new parking lots and handicapped ramps to accessible pathways and pavement marking, we’ll go over your property with a microscope to find every ADA infraction so everyone can patronize your business.
Contact OmegaStriping Solutions LLC to get started today on your ADA compliance assessment.