Companies that run a brick-and-mortar location understand the headaches that go with building maintenance. From the bathroom plumbing to the landscaping owning and operating out of a location has a lot of associated risk. Leasing a location can lower the risk dramatically if the rental agreement covers the facilities and maintenance. One of the biggest gaps in the leasing agreement is the maintenance of the sidewalks and parking lots. However, it is common that the lease agreement has the verbiage "sidewalks and parking lot" there is not much detail on what that means. It is important as a tenant you ensure that the owner is responsible for providing and maintaining ADA (Americans with Disabilities Act) code compliance.
Both tenants and landlords have obligations to ensure that facilities and operations are ADA compliant. The lease may indicate how barrier removal responsibilities are shared but the lease does not relieve either tenant or landlord from their individual obligations to comply with the ADA.
The ideal time to address this is when leasing new space or renewing a lease. A tenant should request that the landlord agree in the lease to modify those areas which are under the exclusive control of the landlord, such as parking, walkways, entrances, and rest rooms. If the lease specifies that the tenant has control over these areas, then the tenant should request that a provision be added to the lease so that the tenant can make those alterations needed to comply with barrier removal requirements.
A Registered Accessibility Specialist are the subject matter experts when it comes to ADA compliance. During construction of any building that will be open to the public that cost $50,000 or more of construction cost must have the plans and site inspected. There are fees involved by calling a RAS, and all inspection fees differ.
If there is an area that does not meet the slope and elevation requirements Ro-Berg is able to adjust the concrete structure by using polyurethane foam lifting technology. Using Ro-Berg saves time, money, and that ramp that has too much of a cross slope or is too steep. We can also work with your RAS or contract with a RAS to help solve these ADA challenges. It only takes one person getting injured on a structure that does not meet standards to end up in a lawsuit with the possibility of losing it all. Do not hesitate! Call us today!