General Rule: All newly constructed places of public accommodation and commercial facilities must be readily accessible to and usable by individuals with disabilities to the extent that it is not structurally impracticable.

What is “readily accessible and usable”? This means that facilities must be built in strict compliance with the ADA Standards for Accessible Design (ADAAG). There is no cost defense to the new construction requirements.

What buildings are covered? The new construction requirements apply to any facility first occupied after January 26, 1993, for which the last application for a building permit or permit extension is certified as complete after January 26, 1992; or in those jurisdictions where the government does not certify completion of applications, the date that the last application for a building permit or permit extension is received by the government.

What does “structurally impracticable” mean? The phrase “structurally impracticable” means that unique characteristics of the land prevent the incorporation of accessibility features in a facility.

Elevator Exemption: Title II entities must provide elevators in all new, multilevel construction. Elevators are not required in new facilities covered by Title III of the ADA under three stories or with fewer than 3000 square feet per floor, unless the building is a shopping center or mall, professional office of a health care provider, public transit station, or airport passenger terminal.

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