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New construction brings great opportunities!

As we discussed in Tool 4: Physical Access, an accessible business is safer and more user-friendly for everyone, including your customers of all ages, families with children, staff, and people with disabilities. Older businesses (located in buildings built prior to the ADA requirements for accessibility that went into effect in 1993) often have barriers to access that are trickier to correct than in newer buildings.

New construction creates endless opportunities to incorporate accessibility features that will benefit your customers. While this may seem obvious, there is still some confusion in the business community about the necessity for accessible design in newly constructed businesses.

Build in accessibility from the beginning

For a new building, be sure to add accessibility features during the design and development, because it is much harder and more expensive to remediate access issues later.

It is best practice to ensure that your design team, which includes (but is not limited to) architects, contractors, and engineers—and you, the business owner, are familiar with applicable accessibility standards.

Pay attention to the building code

Many people don’t realize that while the ADA Standards (a federal obligation) apply to newly constructed businesses, most states require similar accessibility design features in the building code. In fact, many building codes throughout the country require a higher level of accessibility than what the ADA requires. This is why it is important to confirm that your design team is well versed in local, state, and federal accessibility regulations.

Just as the building code regulates features in new construction related to plumbing, electricity, and life safety, it also regulates accessibility. Accessibility isn’t just something “nice to do”; it is a mandatory requirement in new construction with specific technical design considerations.

Avoid ADA-related problems

When you newly construct a building, the onus is on you, the business owner, to comply with the ADA Standards; the US Department of Justice does not send “inspectors” to check every building under construction. The ADA is complaint-driven, so the ADA leaves it to your customers to let you know about violations. Obviously, you don’t want that to happen!

From a building code perspective, new construction will be inspected for compliance with the code, including accessibility requirements. Having the appropriate professionals guide construction decisions will aid in compliance with both state and federal accessibility requirements.

What kinds of accessible features should I be aware of?

Accessibility is important in many parts of your business. The ADA Standards address common features found in many businesses, including accessible dining and work surfaces, sales and service counters, dressing rooms, toilet rooms, entrances, routes throughout your business, parking, and more.

Should every part of a new business building be accessible?

From an ADA perspective, the sentiment is that in new construction, the entire building should be accessible unless there is an exception in the ADA Standards for something not to be built as accessible (for example, a mechanical room used only occasionally by service personnel). In some cases, a certain number of features must be accessible. An example could be dining tables in a restaurant—5%, or at least one, of the tables must be accessible per the ADA Standards. You can always provide more accessible tables than what is required, but that is the minimum needed.

Question your assumptions

A business owner said to his architect, “We need to cut costs, there’s no need to make the second floor toilet room accessible. People with disabilities can’t get up there anyway!” What do you think? Is that right?

In fact, this is not correct, and it highlights the need for business owners to involve professionals when designing a space.

Many people who greatly appreciate accessible features in a toilet room do not use a wheelchair for mobility, so a newly constructed customer toilet room (even if on an inaccessible level) must be accessible. Examples of these features include accessible stalls, grab bars, and accessible faucets. Additionally, the business may grow, causing the owner to add an elevator. Building the new toilet room to be accessible from the start makes the building all the more accessible for the long term.