ADA Compliance for Commercial Buildings: Who’s Responsible?

ADA Compliance for Commercial Buildings: Who’s Responsible & More

By Mike Shabluk | March 26, 2024

What Features Are Required in Commercial Buildings?

Commercial buildings are generally covered under Title III of the ADA and must comply with the 2010 ADA Standards for Accessible Design.
Requirements vary based on the building type, size, and scope of renovations, but common accessibility features include:

Doorways

Doorway openings should provide a clear width between 32 inches (minimum) and 48 inches (maximum).

Ramps

Ramp runs should have a slope no steeper than 1:12. Existing sites may be permitted steeper slopes when space limitations make compliance difficult.

Drinking Fountains

Drinking fountains must have spout outlets no higher than 36 inches above the floor. The spout must also meet ADA setback requirements.

Hardware and Fixtures

Doors, fixtures, and hardware should be operable without tight grasping, pinching, or twisting of the wrist. Lever handles and U-shaped pulls are common solutions.

Accessible Parking

The required number of accessible parking spaces depends on the total size of the parking lot. For example, lots with 1–25 spaces must provide at least one accessible space.

Handrails

Handrails should be installed on both sides of stairs and ramps and remain continuous for the entire run.

Bathrooms

Accessible restrooms must provide compliant stalls, maneuvering clearances, and sufficient floor space around fixtures. Typically, wheelchair users must have clear space measuring at least 30 inches by 48 inches.

Signage

ADA-compliant signs should have a non-glare finish and strong visual contrast between text and background. Signs identifying permanent rooms or spaces generally require braille and tactile lettering.
These examples represent only a portion of ADA requirements. Compliance can be far more complex depending on the building and occupancy type. That is why property owners and tenants should review the 2010 ADA Standards for Accessible Design and perform an accessibility audit when evaluating an existing facility.

Why Is ADA Compliance for Commercial Buildings Important?

ADA compliance is both a legal obligation and a sound business practice.
The ADA was signed into law in 1990 to prevent discrimination against individuals with disabilities. Commercial properties that fail to provide equal access can face legal, financial, and reputational consequences.
Potential consequences of noncompliance include:
  1. Damage to business reputation
    If customers, visitors, or employees encounter accessibility barriers, it can negatively affect public perception and customer trust.
  2. Fines and penalties
    Building inspectors or enforcement agencies may identify violations that require corrective action. Financial penalties can be significant.
  3. Lawsuits and legal expenses
    Individuals who experience accessibility barriers may pursue legal action. Addressing violations proactively is often far less costly than defending a claim.
Beyond avoiding fines and lawsuits, ADA compliance helps ensure that all individuals can safely and comfortably access a facility. Accessibility benefits users, employees, visitors, and businesses alike.

Who’s Responsible for ADA Compliance for Commercial Properties?

Quick Answer

In most cases, both landlords and tenants can have ADA responsibilities. The specific division of responsibility often depends on the nature of the issue, the terms of the lease, and the area of the property involved.
Generally speaking:
  • Operational compliance issues are often the tenant’s responsibility.
  • Physical accessibility improvements are frequently a shared responsibility.
  • Common areas and building access are typically the landlord’s responsibility.
Let’s take a closer look.

Tenant Responsibility

In some situations, the tenant may be solely responsible for ADA compliance requirements. In others, responsibility may be shared with the property owner.
As a general rule, accessibility issues tied directly to business operations typically fall on the tenant.
It’s also important to note that lease agreements may outline how compliance responsibilities are divided. However, those lease provisions do not necessarily determine liability under the ADA.
Examples of tenant responsibilities may include:
  • Ordering and installing ADA-compliant signage
  • Maintaining accessible customer service practices
  • Ensuring operational accessibility within leased spaces
For larger physical modifications, responsibility may be shared with the property owner.
Examples include:
  • Installing ramps
  • Adding elevators
  • Making significant accessibility upgrades within leased areas

Landlord Responsibility

Property owners are responsible for providing access to the building and maintaining accessibility in areas under their control.
Landlords are generally expected to address accessibility barriers when renovations occur. In some cases, barrier removal may also be required when it is considered readily achievable, meaning it can be accomplished without significant difficulty or expense.
Owners are typically responsible for:
  • Building entrances
  • Accessible parking areas
  • Shared hallways
  • Common areas
  • Shopping mall common spaces
  • Certain lobbies and other non-leased public areas
Because accessibility obligations can vary by property, disputes occasionally arise. When disagreements occur regarding compliance responsibilities or required modifications, the Department of Justice may ultimately determine the extent of required changes.

Takeaway

ADA compliance for commercial buildings is essential for creating accessible environments and avoiding costly compliance issues.
While responsibility may fall on the landlord, the tenant, or both parties, understanding those obligations is the first step toward reducing risk and maintaining compliance.
For existing buildings, performing an accessibility audit can help identify barriers before they become larger problems. And when signage upgrades are part of the solution, working with an experienced ADA signage partner can help ensure requirements are met accurately and efficiently.
If you’re evaluating signage as part of an ADA compliance project, Erie Custom Signs can help guide you through ADA signage requirements and provide solutions designed for commercial facilities, healthcare environments, education, government, and other professional settings.

FAQ

Who is responsible for ADA compliance in a commercial building?

Responsibility may fall on the landlord, the tenant, or both. Landlords are typically responsible for building access, parking, and common areas, while tenants are often responsible for operational accessibility issues within their leased space.

Can a lease make the tenant responsible for ADA compliance?

A lease can allocate responsibilities between the landlord and tenant. However, lease provisions do not necessarily determine liability under the ADA.

Are ADA-compliant signs required in commercial buildings?

Yes. Permanent room identification signs generally require tactile lettering, braille, appropriate contrast, and a non-glare finish.

What happens if a commercial property is not ADA compliant?

Potential consequences include accessibility complaints, required corrective actions, financial penalties, legal disputes, and reputational damage.

Do older commercial buildings have to comply with the ADA?

Many older buildings must remove accessibility barriers when doing so is readily achievable or when renovations trigger accessibility requirements. The specific obligations depend on the property and circumstances.