Rose Paving’s Guide to ADA Compliance in Arizona

Rose Paving / April 17, 2020

If you own or operate a business property in the state of Arizona, then you likely already know the importance of ensuring accessibility to all patrons, including those with disabilities. Rose Paving aims to be your trusted source of information on ADA Compliance in Arizona and provide answers to your most Frequently Asked Questions about ADA regulations in Arizona.

What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act is a comprehensive federal law enacted to protect the rights of Americans with disabilities. It does this by prohibiting discrimination and guaranteeing equal opportunities for people with disabilities.

What is ADA Compliance in Arizona?

ADA compliance refers to the legal requirement of all State, local and federal agencies, and commercial entities to comply with the Americans with Disabilities Act, which guarantees equal opportunity for individuals with disabilities in all areas of public life, specifically:

Employment (Title I)
Public Services (Title II)
Public Accommodations (Title III)
Telecommunications (Title IV)
Miscellaneous (Title V)

Title III: Public Accommodations prohibits any government agency or commercial entity from discriminating against individuals with disabilities by not providing an equal opportunity to access their commercial facility and utilize it in the way it was intended.

As a federal law, the ADA not only applies to all local, county, state, and federal government agencies, it also applies to the majority of the 550,000 small businesses in Arizona classified as a Public Place of Accommodation, such as:

Hotels
Restaurants
Retail Merchants
Doctor’s Offices
Golf Courses
Private Schools
Day Care Centers
Health Clubs
Sports Stadiums
Movie Theaters

The ADA is enforced by the Department of Justice, who ensures private public entities maintain 2010 ADA Standards for Accessible Design standards and keep their properties free from all barriers as soon as they can.

How Do You Know If You are ADA Compliant in Arizona?

Though the ADA is a federal law, Arizona state and local governments may pass their own legislation that enforces accessibility standards above and beyond the federal ADA requirement.

Arizona ADA Compliance Resources

It’s important for Arizona business and property owners to be knowledgeable in and compliant with all local, state, and federal ADA regulations. That’s why we’ve put together even more resources for Arizona business and property owners to utilize.

These additional resources include:

Arizona State ADA Compliance Frequently Asked Questions

Arizona is known to hold its business and building owners to a very high ADA standard with severe consequences for noncompliance. Below you’ll find the most commonly asked questions and answers regarding ADA compliance in Arizona.

Q: Who Is Required To Be ADA Compliant in Arizona?

A: The Americans with Disabilities Act applies to all local, county, state, and federal government agencies; any business or organization that relies on the general public or is for its benefit and/or any business or organization that operates with 15 or more employees on staff.

Q: What Happens If You Aren’t ADA Compliant in Arizona?

A: The ADA gives people with disabilities the right to file lawsuits in Federal court and obtain Federal court orders to stop ADA violations. Therefore, any Arizona business that does not comply with the Americans with Disabilities Act may face legal action.

Q: What is the penalty for violating the ADA?

A: Violations of the Americans with Disabilities Act can result in fines up to $75,000 for the first ADA violation and $150,000 for subsequent violations.

Q: What is a Primary Function area?

A: The ADA defines a Primary Function Area as “any area where people carry out one or more of the major activities for which a facility is used.” That includes offices and any areas where employees work and/or business is conducted.

Q: Who Is Exempt From The ADA in Arizona?

A: Like certain taxes, the ADA does not apply to religious organizations, private clubs or any entity historically exempt from federal civil rights laws, such as places of worship and facilities controlled by religious organizations (school, day care, etc.).

Q: How Do You Become ADA Compliant in Arizona?

A: Businesses and buildings may be non ADA compliant without intention. Common culprits include old building features such as narrow doors, a step at an entrance door, or a crowded check-out aisle – these are considered barriers to access by people with disabilities. A few ways to ensure ADA compliance is to remove barriers, widen entrances, and install visual alarms throughout the building.

ADA Compliance for Parking lots, Garages and New Buildings

For a parking lot, garage or building to be considered ADA compliant, the business must provide unobstructed access to and from handicapped parking spaces to all accessible elements and spaces, such as walks, sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, and sanitary facilities.

However, the best way to ensure all your parking lots meet ADA regulations is to contact Rose Paving for a consultation. From ADA consulting to pavement restriping, we offer every service you need to maintain your business/parking lot’s ADA Compliance in Arizona. Contact the Rose Paving team in Phoenix, Arizona today.