Ensuring accessibility in commercial properties is more than just a best practice—it is a legal requirement that affects business owners, property managers, and investors alike. Compliance with the Americans with Disabilities Act (ADA) is particularly important for existing buildings, where upgrades may be required to remove barriers and improve accessibility. Understanding when compliance is enforceable, the extent of liability, and the practical limits of modifications is crucial for effective property management. At Inspect Montana, we adhere to the Certified Commercial Property Inspectors Association (CCPIA) Standards of Practice and ensure compliance with Montana accessibility laws.

Understanding ADA Compliance for Existing Buildings

The ADA requires that commercial properties be accessible to individuals with disabilities, but enforcement and requirements vary based on factors such as building age, use, and financial feasibility. Unlike new constructions, existing buildings are subject to the “readily achievable” standard, meaning that accessibility improvements must be made when they are easy to accomplish without undue difficulty or expense. Montana law aligns with federal ADA regulations while incorporating state-specific guidelines to ensure accessibility across commercial properties.

When Compliance is Enforceable

Enforcement of ADA standards for existing commercial buildings typically occurs in the following scenarios:

• Renovations and Alterations: If a building undergoes significant renovations, the altered areas must be brought into ADA compliance per federal and Montana state guidelines.
• Public Accommodations: Businesses that serve the public must make reasonable modifications to improve accessibility, as required under both the ADA and Montana accessibility codes.
• Legal Action and Complaints: Compliance can be mandated through lawsuits, Department of Justice (DOJ) actions, or local enforcement agencies in response to complaints.
• Leasing and Property Transactions: Buyers, tenants, and lenders may require ADA compliance as part of due diligence. In Montana, commercial lease agreements may specify compliance responsibilities between landlords and tenants.

Key Accessibility Requirements for Existing Buildings

For existing commercial properties, modifications should focus on:

• Entrances and Exits: Providing accessible routes, ramps, and doorways with proper clearances, in accordance with CCPIA and Montana state regulations.
• Parking and Pathways: Ensuring designated accessible parking and routes to entrances are free from obstructions.
• Restrooms: Installing grab bars, adjusting sink heights, and ensuring adequate maneuverability for wheelchair users.
• Signage and Communication: Adding Braille signage, improving wayfinding, and ensuring auditory and visual signals are present where needed.
• Service Counters and Seating Areas: Modifying transaction counters and seating to accommodate individuals with disabilities.

Limits of Liability and Compliance Considerations

• Financial Feasibility: Changes must be “readily achievable,” meaning they should be within reasonable financial means for the business.
• Historic Buildings: Some exemptions apply if modifications would alter a building’s historical character, per Montana’s Historic Preservation guidelines.
• Landlord vs. Tenant Responsibilities: Montana lease agreements often determine responsibility for ADA compliance, but both parties may share liability.
• Legal Risks: Non-compliance can lead to lawsuits, fines, and reputational damage. Addressing accessibility proactively can mitigate risks while ensuring compliance with Montana state regulations.

Conclusion

Modern ADA compliance for existing commercial buildings is about balancing legal obligations with practical feasibility. While some properties face limitations due to cost, structure, or historic status, reasonable efforts must be made to remove barriers and improve accessibility where possible. Property owners and managers should conduct accessibility audits, stay informed on legal updates, and work with experts to ensure compliance with Montana state law.

At Inspect Montana, we provide comprehensive ADA assessments to help property owners navigate compliance challenges. Contact us today to ensure your commercial property meets modern accessibility standards while mitigating liability risks.