Accessibility and Historic Preservation: Mutual Goals of the Americans with Disabilities Act

by Martha Raymond,
Department Head, Technical Preservation Services
Ohio Historic Preservation Office

The Americans with Disabilities Act of 1990 (ADA) provides comprehensive civil rights protection to people with disabilities, prohibiting discrimination in employment and enhancing opportunities for independent, unassisted access to buildings and services. Often called the most sweeping anti-discrimination legislation since the 1964 Civil Rights Act, the ADA is intended to benefit 43 million Americans with disabilities - one-sixth of the country’s population - and bring about significant change in our society.

Passage of the law broadened the scope of existing accessibility laws to cover virtually all properties open to the general public. New and existing buildings must meet basic levels of accessibility for individuals with physical disabilities including impaired mobility, hearing, speech, and sight. ADA requirements specify various levels of access for existing properties, properties for which alterations are planned, and new construction, and give special consideration to historic properties to ensure that significant materials, features, and spaces are not destroyed in the process of making them accessible.

Barrier Removal

In existing properties, architectural and communication barriers must be eliminated when it is readily achievable to do so. Under the ADA, "readily achievable" means "easy to accomplish without much difficulty or expense." Examples include ramping a few steps, repositioning telephones, installing offset hinges to widen doorways, and installing flashing alarm lights.

The judgment of whether or not an alteration is readily achievable must be made on a case-by-case basis, taking into account such factors as the size, type, and overall financial resources of a company and the nature and costs of the access improvements needed. The ADA recognizes that readily achievable change for a large corporation may be unreasonably difficult or expensive for a small company. In such cases, alternative methods for supplying the services are permitted, such as changing the location of an activity or offering personal assistance. However, the process of determining what changes are readily achievable is not a one-time effort; barrier removal that may be difficult to carry out now may be readily achievable at a later date.

An Accessible Path of Travel

The ADA requires a higher level of access in properties for which alterations are planned. To the maximum extent feasible, all alterations that affect the use of a property must be made in an accessible manner. For example, when alterations are made to a primary function area, such as a lobby or a cafeteria, an accessible path of travel to the altered area must also be provided. The bathrooms, telephones, and drinking fountains serving that area must also be made accessible. Additional alterations to provide for accessibility are only required to the extent that the added costs are not disproportionate to the overall cost of the alterations, defined as 20 percent of the overall cost under ADA. Elevators are generally not required in properties under three stories or with fewer than 3,000 square feet per floor.

ADA legislation asked that the Architectural and Transportation Barriers Compliance Board develop accessibility standards. The ADA Accessibility Guidelines (ADAAG) provided illustrated technical guidance for enacting the provisions of the law.

Historic Properties

Special attention is paid to the effect changes required by the ADA can have on historic properties and to the role of the State Historic Preservation Office in helping owners provide maximum access with minimum impact. Historic properties are defined as those listed on the National Register of Historic Places or designated as historic under state or local law.

In most cases, historic property owners will be able to find ways to make a property fully accessible under ADA without substantially altering its historic character. However, if full compliance with ADA necessitates changes that would substantially alter a property’s historic character, alternative requirements may apply. Owners, lessees, or others responsible for ADA compliance are directed to Section 4.1.7. of the ADA Accessibility Guidelines to consult with the State Historic Preservation Office for an evaluation of the impact of full accessibility on a property’s historic character and a determination as to whether or not the alternative requirements apply. In Ohio, this assistance is provided by the Ohio Historic Preservation Office. In general, the alternative requirements address the necessity for accessible entrances and paths of travel, toilet facilities, and displays and written information.

In planning alterations to historic properties, the highest level of accessibility should be provided while minimizing damage and visual change to significant features. This may mean installing a custom-designed ramp, adding an automatic door opener to an existing door, or installing lever handles on doors. Before making changes, buildings should be carefully evaluated to identify all possible retrofit alternatives. Retrofit designs or alterations should respect the historic character of the building and preserve, to the maximum extent possible, significant historic materials and features.

Enforcement, Incentives, and Assistance

Because the ADA is a civil rights law, rather than a building code, enforcement is accomplished through litigation. Private individuals may bring lawsuits in which they obtain court orders to stop discrimination. Individuals may also file complaints with the Attorney General, who is authorized to bring suit in their behalf in cases of general public importance or where a pattern or practice of discrimination is alleged.

To encourage creative solutions to accessibility, the ADA includes a provision, known as equivalent facilitation, that allows for alternative design and technology that provides substantially equivalent or greater access to a property as that specified in the ADA Accessibility Guidelines. This is of particular importance given the development of access-related technology that the ADA has already inspired. Tax incentives are available to help absorb the costs of accessibility alterations. The Internal Revenue Code allows a deduction of up to $15,000 a year for expenses associated with the removal of qualified architectural and transportation barriers.

The following organizations can provide information, publications, and advice about ADA:

U.S. Department of Justice
Civil Rights Division
Office on the Americans with Disabilities Act
P.O. Box 66738
Washington, DC 20035-6738
(202) 514-0301 - Voice
(202) 514-0383 - TDD

Provides technical assistance about the regulations and enforcement of ADA Titles II (public services) and Ill (public accommodations). Copies of the ADA and the ADA Accessibility Guidelines (ADAAG) available upon request.

Architectural and Transportation Barriers Compliance Board
1331 F Street, N.W.
Washington, DC 20004
(800) 872-2253
(800) 993-2822 - TDD

Federal regulatory agency. Ensures accessibility to federally-owned or -funded facilities or programs. Publications on accessibility issues, including the ADA Accessibility Guidelines, available upon request.

Clearinghouse on Disability Information
Office of Special Education and Rehabilitation Services
U.S. Department of Education
330 C Street, N.W.
Switzer Building, Room 3132
Washington, DC 20202-2524

Responds to inquiries on disability issues, Federal legislation, and programs benefiting the disabled.

Paralyzed Veterans of America
Department of Architecture and Barrier-Free Design
801 18th Street, NW
Washington, DC 20006
(800) 424-8200
(202) 872-1300

Supports programs for rehabilitation and social integration of disabled Americans. Assistance by staff architects on barrier-free design and removing barriers from existing buildings.

National Park Service
Preservation Assistance Division
P.O. Box 37127
Washington, DC 20013
(202) 343-9578

Provides policy and technical guidelines for project treatments on historic buildings and landscapes.

American Institute of Architects
Public Affairs Office
1735 New York Avenue, NW
Washington, DC 20006
(202) 626-7300

Provides information about requirements of ADA and sources of assistance.

ADA Ohio
700 Morse Road, Suite 101
Columbus, OH 43214
(614) 844-5410
(800) 232-2321 - TDD

Ohio-specific clearinghouse for ADA information and assistance

Governor’s Council on People with Disabilities
400 East Campus View Boulevard
Columbus, OH 43235-4604
(614) 438-1391
(800) 282-4536 - Voice and TDD

In Ohio, serves in an advisory capacity to the Governor and the General Assembly on issues related to the needs, programs, and concerns of Ohioans with disabilities. Develops and disseminates public educational materials and promotes the elimination of architectural, attitudinal, and other barriers.

For more information regarding accessibility issues and historic buildings, contact the Ohio Historic Preservation Office.