The Americans with Disabilities Act (ADA) does not have a provision to “grandfather” a facility but it does have a provision called “safe harbor” in the 2010 ADA regulations for businesses and state and local governments. A “safe harbor” means that organizations do not have to make modifications to elements in a building that comply with the 1991 ADA Standards, even if the 2010 ADA Standards have different requirements for them. This provision is applied on an element-by-element basis. However, if organizations choose to alter elements that were in compliance with the 1991 ADA Standards, the altered elements must comply with the 2010 ADA Standards.
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