Can you elaborate on examples of when ADA compliance isn’t required that you mentioned on the FM Podcast? We are going to re-pave soon and are curious about if we need to have a compliant parking lot because we re-paved.
— Zack R.
Thanks for listening to the podcast! I’ll have another episode coming up soon.
As a civil rights law, ADA compliance is always required, but there are two reasons that barrier removal does not have to take place. These are when the barrier removals are “Technically Infeasible” and “Not Readily Achievable.”
Technically infeasible has little likelihood of being accomplished (i.e. Existing physical/site constraints that prohibit compliance).
Readily achievable is easily accomplishable and able to be carried out without much difficulty or expense.
Even though these sound simple, the determination actually is very complex and depends on many factors.
If the barrier is “technically infeasible” or “not readily achievable” to remove, then the barrier does not have to be removed. However, that does not excuse one from not providing access in some other manner.
As far as the parking lot you asked about, you do have a barrier removal obligation, regardless of whether you repave. The trigger for removal of a barrier is simply the fact that the barrier exists. You should absolutely make sure the lot is compliant.
I hope this helps! Let me know if you have any further questions.