Accessibility Exemption Guide - New South Memphis

Technology and Data Tennessee 3 Minutes Read · published February 08, 2026 Flag of Tennessee

New South Memphis, Tennessee property owners and managers sometimes seek an accessibility exemption from municipal accessibility or building-code requirements. This guide explains typical municipal pathways for an exemption or variance, who enforces accessibility rules, how to apply, and what to expect under local ordinances and federal ADA standards (see municipal code)[1].

Penalties & Enforcement

Enforcement of accessibility requirements in the Memphis area is administered by local code enforcement and building permitting offices; remedies and penalties depend on the controlling ordinance or code cited by the inspecting officer (Code Enforcement)[2]. If an exemption or variance is improperly used or revoked, municipal actions may include orders to comply, stop-work orders, civil penalties, and referral to courts.

  • Fines: not specified on the cited page; check the cited municipal ordinance for exact monetary amounts and schedules.
  • Escalation: first and repeat offences and continuing violations are handled per the enforcing ordinance; exact escalation ranges are not specified on the cited page.
  • Non-monetary sanctions: compliance orders, corrective timelines, stop-work or closure orders, and court injunctions.
  • Enforcer: local Code Enforcement and Building Inspection divisions handle inspections, notices, and enforcement; appeals typically go to the municipal appeals board or local court.
  • Inspection & complaints: complaints are submitted to the Code Enforcement office or via the city service portal; see the official code enforcement contact page online[2].
Appeals generally have specific short time limits once a notice is served.

Applications & Forms

Many municipalities require a formal variance or permit application for an accessibility exemption or alternative compliance; in some cases, applications reference local building-code variance procedures or historic-preservation review. The federal ADA standards set baseline accessibility obligations and are not themselves an exemption form (2010 ADA Standards)[3].

  • Form name/number: not specified on the cited page; consult the local building-permit or variance application pages for the exact application and fee schedule.
  • Fees: not specified on the cited page; fee amounts for variances or permits are set by municipal schedule.
  • Deadlines & processing: timelines for decision and any hearing dates follow municipal procedure; exact time limits are not specified on the cited page.
  • Submission method: typically online permit portal, in-person at Building & Codes, or by mail—confirm on the local permitting page.

How to Prepare an Accessibility Exemption Request

Prepare clear documentation showing why full compliance is technically infeasible, creates undue hardship, or is structurally impracticable; include site plans, photographs, expert reports, proposed alternate measures, and a draft compliance timeline.

  • Collect evidence: site photos, architectural drawings, and contractor assessments.
  • Describe alternatives: propose equivalent facilitation measures where full accessibility cannot be achieved.
  • Legal authority: cite the municipal code section or variance rule used for the request (see municipal code)[1].
Documenting reasonable alternatives improves the chance of an approved variance.

FAQ

Who may apply for an accessibility exemption?
Property owners, authorized agents, or applicants on record with the municipal permitting office may apply for a variance or exemption per local procedure.
Does an exemption remove federal ADA obligations?
No. An approved municipal exemption or variance does not override federal ADA requirements; federal obligations may still apply in public accommodations and state or federal programs.
How long does the process take?
Processing time varies by municipality and by complexity; specific timelines are not specified on the cited pages and must be confirmed with the local permitting office.

How-To

  1. Gather site documentation, drawings, and a statement explaining why full compliance is not feasible.
  2. Contact the local Building & Codes or Code Enforcement office to request the specific variance/exemption application form.
  3. Submit the application with required fees and supporting evidence; request a hearing if applicable.
  4. Attend any hearings and respond to inspector requests; implement any required interim measures.
  5. If denied, follow the municipal appeal process or seek judicial review as allowed by local ordinance.

Key Takeaways

  • Start early: documentation and alternatives are essential.
  • Contact Code Enforcement for exact forms and timelines.
  • Federal ADA obligations may still apply even with a municipal variance.

Help and Support / Resources

  1. [1] City of Memphis Code of Ordinances
  2. [2] City of Memphis - Code Enforcement
  3. [3] U.S. Department of Justice - 2010 ADA Standards

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