The Americans with Disabilities Act of 1990
(42 U.S.C. 12181), as the same may be amended from time to time, prohibits
discrimination on the basis of disability, and requires pursuant to
Title III of said Act that places of public accommodation and commercial
facilities be designed, constructed, and altered in compliance with
accessibility standards established by the Americans with Disabilities
Act Accessibility Guidelines incorporated into Title III of the Americans
with Disabilities Act, and Part 36 of the Regulations for Title III
of the Americans with Disabilities Act, as printed in the Code of
Federal Regulations (7/1/94 and as thereafter amended) and the appendices
annexed thereto. The Village of East Hampton has adopted the New York
State Uniform Fire Prevention and Building Code and requires compliance
with the provisions of the Americans with Disabilities Act, as the
same may be amended from time to time.
All terminology used in this article shall be
defined as set forth in Americans with Disabilities Act (42 U.S.C.
12181), as the same may be amended from time to time.
It shall be the responsibility of any owner
of property containing improvements which are subject to the provisions
of Title III of the Americans with Disabilities Act or upon which
the owner proposes to construct improvements which, if constructed
as proposed, would be subject to the provisions of Title III of the
Americans with Disabilities Act, to assure that such improvements
comply with any and all design and accessibility guidelines ("guidelines")
required pursuant thereto. Newly constructed places of public accommodation
and commercial facilities must be accessible to individuals with disabilities
to the extent that such access is not structurally impracticable.
Existing facilities, which predate the January 1993 dateline, are
required to remove physical barriers to entering and using existing
facilities when such removal is "readily achievable." Whether such
alterations on existing facilities are considered readily achievable
is to be considered on a case-by-case basis. If compliance with the
guidelines is not readily achievable, other safe, readily achievable
measures must be taken.
All plans submitted to the Code Enforcement
Officer for purposes of obtaining a building permit for new construction,
or for the addition to, alteration or modification of existing construction
utilized or proposed to be utilized for purposes within the scope
of Title III of the Americans with Disabilities Act, shall contain
a certification from the architect that the proposed construction
complies with the accessibility requirements of the Americans with
Disabilities Act, and shall further state that:
A. Any required alterations to existing premises (other
than improvements for which a permit is sought) required pursuant
to the requirements of the Americans with Disabilities Act have been
designed and will be implemented as a part of the improvement process;
or
B. A waiver or variance has been obtained from such requirements.