What does "structurally impracticable" mean? The phrase "structurally impracticable" means that unique characteristics of the land prevent the incorporation of accessibility features in a facility. What if a building is occupied before January 26, 1993? It is not covered by the title III new construction requirements. What buildings are covered? The new construction requirements apply to any facility first occupied after January 26, 1993, for which the last application for a building permit or permit extension is certified as complete after Januor in those jurisdictions where the government does not certify completion of applications, the date that the last application for a building permit or permit extension is received by the government. There is no cost defense to the new construction requirements. What is "readily accessible and usable"? This means that facilities must be built in strict compliance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG). This requirement, along with the requirement for accessible alterations, are the only requirements that apply to commercial facilities. All newly constructed places of public accommodation and commercial facilities must be readily accessible to and usable by individuals with disabilities to the extent that it is not structurally impracticable. Regulatory references: 28 CFR 36.401 36.406 Appendix A. Title III Technical Assistance Manual (excerpt) Lesson 3Įxcerpted from the "Americans with Disabilities Act Title III Technical Assistance Manual" III-5.0000 NEW CONSTRUCTION
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