If you own a commercial property in the Las Vegas area or anywhere throughout the state, your property must meet federal and state accessibility requirements. Federal accessibility requirements are detailed in Title III of the Americans with Disabilities Act (ADA).
State regulations are addressed in the Nevada Building Code. Chapter 11 specifically discusses accessibility.
Requirements for properties that are open to the public
Title III of the ADA applies to “businesses, including nonprofits, that serve the public (also called public accommodations).” This includes everything from retail and hospitality businesses to private schools and daycare facilities.
The ADA requires businesses that are open to the public to abide by a number of requirements, including the requirement that they must ensure that “a person with a disability can access the businesses’ goods or services.” There are “specific standards for physical accessibility.” A few key elements of accessibility include doorways, paths of travel, restrooms and parking.
Requirements for commercial facilities
Compliance for properties that are considered “commercial facilities” typically involves meeting the ADA Standards for Accessible Design. These standards typically apply to factories, office buildings, warehouses and other properties with little or no customer traffic. These standards must be followed when building a new structure or remodeling an existing one.
It’s important to remember that ADA requirements don’t just apply to those with “mobility disabilities.” They also apply to those with vision and hearing disabilities as well as conditions for which they have a service animal. It’s important for businesses to make “reasonable modifications” to their rules to accommodate the need of those with disabilities.
Different types of professional guidance can help
Ensuring compliance with federal and state accessibility regulations can feel like a massive undertaking. There are businesses that conduct ADA compliance surveys and assessments to help commercial property owners avoid unnecessary legal and regulatory issues. Getting them involved in the building or remodeling process can help avoid costly modifications later.
Even when property owners are vigilant about maintaining accessibility, there’s no guarantee against an accessibility-related lawsuit. Some lawsuits, unfortunately, are filed by those who are more interested in financial gain than protecting the right to accessibility. By taking compliance with the ADA and the Nevada Building Code seriously and seeking legal guidance if a liability concern does arise, commercial property owners can help protect their valuable investments.
