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"Your appreciation of both the details of the Act, as well as the need to assess the technical issues in a broader context was of vital importance… Without your assistance, I strongly doubt that a fair settlement could have been achieved. This is for the simple reason that the theater’s legal counsel and insurer were unwilling to realistically asses the issues in this case. I look forward to working with you again in the future."

Fred Diamondstone, Attorney at Law

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Historic Buildings and the ADA

There are many misconceptions regarding historic buildings and compliance with the Americans with Disabilities Act.

  • First, although many buildings have details of architectural significance, they are not considered historic landmarks unless they are registered at the federal, state or local level as historic landmarks.
  • Second, many people think that historic buildings are exempted from ADA compliance.

 

Alterations in historic buildings must comply with the same standards as other alterations to existing buildings to maximum extent feasible with this part (Section 36.405).  If it is determined that providing access threatens or destroys the historic significance, then alternative methods of access must be provided per subpart C.

Per the ADAAG, Minimal Requirements for Accessibility in Historic Buildings are considered:

  1. A minimum of one accessible route from the site to an accessible entry. (A ramp with a 1:6 slope for a maximum 2 foot length may be used at an exterior entry.)
  2. At least one accessible entry shall be provided. (If public entries cannot comply, then a non-public, unlocked entry may be provided, with directional signage provided at the public entries.)
  3. If toilets are provided, at least one toilet on an accessible route must be provided. (A unisex privacy restroom may be used.)
  4. An accessible route shall be provided to all public spaces at the level of the entry.
  5. Displays and written information must be viewable by a seated person, including horizontal displays at 44" maximum.

Again, these minimal requirements may only be used by exception, when it is formally and properly determined that meeting the standard requirements for alterations to buildings cannot be done, in order to preserve the historic nature.  There may be issues even meeting the minimum requirements. 

If you own an historic landmark, work with your landmarks board, architect and ADA Consultant to arrive at good, compliant solutions.