Rose Paving’s Guide to ADA Compliance in Tennessee
It’s critical for Tennessee businesses and buildings to ensure they are ADA Compliant for all entrances, walk ways, restrooms, and primary function areas. That’s why Rose Paving Nashville aims to be your trusted resource for all ADA Compliance information in Tennessee, and to provide all the answers you need to your most frequently asked questions.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act is a comprehensive federal law enacted to protect the rights of Americans with disabilities. It does this by prohibiting discrimination and guaranteeing equal opportunities for people with disabilities.
What is ADA Compliance in Tennessee?
ADA compliance refers to a businesses legal obligation to adhere to the 2010 ADA Standards for Accessible Design outlined in the Americans with Disabilities Act, which protects the rights of people with disabilities and ensures equal access to five sectors of public life:
- Employment (Title I)
- Public Services (Title II)
- Public Accommodations (Title III)
- Telecommunications (Title IV)
- Miscellaneous (Title V)
As a business owner, the section of the ADA that most concerns your facility is Title III, public accommodation, which ensures reasonable access and accommodation for all disabled customers, clients and members of the public.
How To Become ADA Compliant in Tennessee
In Tennessee, business owners are required to adhere to the 2010 ADA Standards for Accessible Design to keep the built environment free from all barriers and ensure access to the for people with disabilities.
While the ADA does not require retrofitting of existing buildings to eliminate barriers, it does establish a high standard of accessibility for new buildings. As such, public entities (public or private facilities used by the public) must ensure that newly constructed buildings are readily accessible to individuals with disabilities. Under Title III of the Americans with Disabilities Act, individuals with disabilities may file lawsuits to enforce their right to equal access.
In short, if your business facility caters to the public, you’ll need to maintain accessibility to people with disabilities at all times. We can help.
Tennessee ADA Compliance Resources
There are several useful resources that Tennessee business owners can utilize to ensure their compliance with all local, state and federal ADA regulations.
A few 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)
Tennessee ADA Compliance Frequently Asked Questions
As with any federal law, there are a number of commonly asked questions that relate to ADA Compliance in Tennessee.
Q: Who Is Required To Be ADA Compliant in Tennessee?
A: The Americans with Disabilities Act was enacted at the federal level. 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 Tennessee?
A: Tennessee business owners who fail to comply with the 2010 ADA Standards for Accessible Design may be faced with a ADA Title III Class Action Lawsuit or an ADA Compliance Failure.
Q: What are Places of Public Accommodation?
A: Places of Public Accommodation are public or private facilities used by the public, like retail stores, restaurants, movie theatres and office buildings. The term also includes public and commercial facilities like:
- Government buildings
- Gas Stations
- Sports Facilities
Q: What Standards Address the Built Environment?
A: The standards issued under the ADA address access to buildings in new construction and under new alterations. These standards establish design requirements for the construction and alteration of facilities to ensure access to the built environment for people with disabilities.
Q: What is a Primary Function Area?
A: A Primary Function Area is defined by the ADA as “any area where people carry out one or more of the major activities for which a facility is used” including offices and any areas where employees work and/or business is conducted.
The ADA requires business owners to remove barriers that hinder a diabled persons access to a primary function area.
Q: Do Parking Lots Have to Be ADA Compliant in Tennessee?
A: Yes. All physical construction and new alterations must maintain current ADA standards as outlined in the 2010 ADA Standards for Accessible Design. It should be noted, however, that the legal signage for a handicap accessible parking spot in one state may not be the same as it is in another state. That is why we recommend consulting with your local paving contractor before you begin a new paving project.
Q: How Do You Become ADA Compliant in Tennessee
A: According to the Americans with Disabilities Act, to be considered accessible compliant in Tennessee, the business or organization must ensure all handicapped parking spaces and all accessible elements and spaces, such as walks, sidewalks and ramps, are free from barriers of any kind.
ADA Compliance for Parking lots, Garages and New Buildings
From handicapped accessible parking and pavement restriping, to new access ramps and sidewalks, we offer every service you need to ensure your parking lot, garage and commercial property comply with all ADA Title III: Public Accommodation requirements. Contact the Rose Paving team in Nashville today to begin your assessment.