This is the real problem facing your business and the courts. What is the difference between the 19 standard? However, the person filing a drive-by lawsuit probably doesn’t know or care if you are legally in compliance with either standard.
Grandfather clause law on property upgrade#
As the 2010 regulations rolled out new requirements for new structures, parking lots, and even sidewalks, your established business is only required to upgrade to the 2010 standard if you undergo renovations. Meeting only the 1991 standard is called the S afe Harbor” rule.
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The “ Safe Harbor Rule ” requires compliance In 2010, the updated regulations removed the “grandfather clause.” While you didn’t have to instantly meet the 2010 standard, your property did have to meet the 1991 regulation. When the first ADA standards were introduced in 1991, existing small businesses and some public buildings were allowed to avoid complying unless they added new construction or renovated their properties. They may give you the impression that if you have been in business for thirty years or longer, all these rules simply don’t apply and you are protected. Unfortunately, those are just rumors.
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There are often rumors of buildings being “grandfathered in” with regard to ADA compliance, and you may have heard these rumors. As drive-by ADA lawsuits continue to punish small business owners, you may be scrambling to determine what must be done to your property to avoid any expensive court proceedings or fines.