Rose Paving’s Guide to ADA Compliance in Illinois
If you own a business in the state of Illinois, then you likely already know the importance of maintaining ADA Compliance on your property. The Americans with Disabilities Act is an important piece of legislation that ensures equal opportunity and accessibility for individuals with disabilities.
Rose Paving aims to be your trusted resource for both information pertaining to ADA regulations and answers to your most commonly asked questions related to ensuring ADA Compliance for your properties and parking lots.
What is the Americans with Disabilities Act (ADA)?
Passed in 1990, the Americans with Disabilities Act (ADA) guarantees the rights of individuals with disabilities by ensuring equal access to five specific sectors of public life:
- Employment (Title I)
- Public Services (Title II)
- Public Accommodations (Title III)
- Telecommunications (Title IV)
- Miscellaneous (Title V)
Title III concerns Public Accommodations, defined as facilities, both public and private, used by the public. Everything from restaurants and office buildings to theatres and warehouses are considered Places of Public Accommodation and, therefore, must ensure reasonable access and accommodation for all disabled customers, clients, and members of the public.
Non-compliance with the ADA can lead to legal fees and a fine ranging of 75,000 for the first ADA violation and $150,000 for every subsequent violation.
How to Become ADA Compliant in Illinois
As federal law, every state requires its businesses and buildings to uphold the Americans with Disabilities Act regulation standard. However, state and local governments often extend additional accessibility standards above and beyond the minimum required by the ADA. The state of Illinois is one of those states that requires additional accessibility regulations.
To help protect the rights of people with disabilities, the State of Illinois passed the Illinois Environmental Barriers Act. Enforced by the Disability Rights Bureau, the Illinois Environmental Barriers Act governs physical access for people with disabilities in new construction; additions and alterations to public facilities and multi-story housing.
For more information regarding the additional requirements that Illinois business and property owners are subject to, you can visit the Accessibility Requirements under State and Federal Law on Illinois.gov.
In summary, if you operate a business with a facility used for commercial purposes in Illinois, your building (including its parking lot and walkways) must be accessible to individuals with disabilities and remain free from barriers at all times.
Illinois ADA Compliance Resources
Rose Paving Chicago understands the importance of keeping you informed when it comes to ADA Compliance for your parking lot. We’ve gathered a few additional resources that might come in handy for Illinois business and property owners.
Additional resources include:
- 2010 ADA Standards for Accessible Design
- Guide to the ADA Standards
- Guidance on the 2010 ADA Standards for Accessible Design
- 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)
- Illinois Accessibility Code
ADA Compliant in Illinois Frequently Asked Questions
There are several commonly asked questions when it comes to ADA compliance in Chicago and the State of Illinois. Below you’ll find Rose Paving’s answers and responses to some of the most frequently asked ADA questions.
Q: Who Is Required To Be ADA Compliant in Illinois?
A: Enacted in July of 1990, the Americans with Disabilities Act (ADA) is a federal law that 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 is the Penalty for Noncompliance in Illinois?
A: Businesses who fail to comply with the ADA Standards for Accessible Design are subject to a fine of 75,000 and $150,000 for every subsequent violation and to class action lawsuits filed by individuals with disabilities.
Additionally, Illinois business owners who fail to comply with the Illinois Environmental Barriers Act may be investigated by the Illinois Attorney General, Disability Rights Bureau.
Q: What are Places of Public Accommodation?
A: Places of Public Accommodation are defined as public or private facilities used by the public, like retail stores, restaurants, movie theatres and office buildings. The term also includes educational institutions, recreational facilities, and service centers.
Q: How Does the Illinois Environmental Barriers Act Define “Public Facilities”?
A: The Illinois Environmental Barriers Act defines “Public” as “any group of people who are users of the building and employees of the building.”
The following are examples of Public Facilities:
- Government buildings
- Grocery Stores
- Gas Stations
- Sports Facilities
- Religious Entities
- Newly Constructed Multi-story Housing
Q: Do Parking Lots Have to Be ADA Compliant?
A: Yes. Where parking is provided, the ADA standards require places of public accommodation to provide accessible parking spaces. It should be noted, however, that state and local accessibility standards may vary from state to state.
Q: Who Is Exempt From The ADA in Illinois?
A: As a federal law, the Americans with Disabilities Act does not apply to religious organizations, private clubs or any entity historically exempt from federal civil rights laws, such as places of worship and facilities controlled by religious organizations.
Q: How Do You Become ADA Compliant in Illinois?
A: If you cater to the public or employ more than 15 employees in Illinois, then your business needs to comply with the 2010 ADA Standards for Accessible Design. We can help.
ADA Compliance for Parking Lots, Garages and New Buildings
From new parking lots to accessible pathways and pavement marking, we provide every service you need to ensure your parking lot is not only ADA compliant, but also complies with all state and local accessibility standards.
Contact Rose Paving Chicago today to get started today on your ADA compliance assessment.