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ADA Guide for Small Business

Web Posted on: December 18, 1997


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U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Americans with Disabilities Act
ADA Guide for Small Businesses

(page i)

Reproduction

Reproduction of this document is encouraged.

Disclaimer

The ADA authorizes the Department of Justice to providetechnical assistance to individuals and entities that have rightsor responsibilities under the Act. This document providesinformal guidance to assist you in understanding the ADA and theDepartment's regulation. However, this technical assistance doesnot constitute a legal interpretation of the statute.

(page ii)

Table of Contents

Introduction 1

The Americans with Disabilities Act 1

Businesses that Serve the Public Public Accommodations 2

Existing Facilities 2

Architectural Barriers 3

Removing Architectural Barriers 3

Priorities for Barrier Removal 3

Examples of Barrier Removal 3

Accessible Parking 4

Accessible Entrance 6

Doors at Entrances to Businesses 8

Turnstiles and Security Gates at Entrances 8

Shelves and Maneuvering Space 10

Sales and Service Counters 11

Serving Counters 12

Fixed Seating and Tables 13

Policies and Procedures 14

Communicating with Customers 14

Tax Credits and Deductions 14

New Construction and Alterations 15

ADA Information Sources 15

(page 1)

Introduction

This guide presents an informal overview of some basic ADArequirements for small businesses that provide goods or servicesto the public. It omits many of the "legal" terms thatare found in the ADA and its regulations. But because it would bemisleading to separate any explanation of ADA requirements fromthe law, references to key sections of the regulations or otherinformation are included.

sidebar

To get answers to questions about the ADA or to learn moreabout the law call the

Department of Justice ADA Information Line,toll-free

(1-800-514-0301 voice and 1-800-514-0383 TDD).

photo - street scene showing the fronts of three smallbusinesses with a short ramp at each entrance - a cleaners, aframe shop and a restaurant

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a Federal civilrights law that prohibits the exclusion of people withdisabilities from everyday activities, such as buying an item atthe store, watching a movie in a theater, enjoying a meal at alocal restaurant, exercising at the local health club or havingthe car serviced at a local garage. To meet the goals of the ADA,the law established requirements for private businesses of allsizes. These requirements first went into effect on January 26,1992, and continue for both for-profit and non-profitorganizations.

For small businesses, compliance with the ADA is notdifficult. To help businesses with their compliance efforts,Congress established a technical assistance program to answerquestions about the ADA. Answers to your questions about the ADAare a phone call away. The Department of Justice operates atoll-free ADA Information Line (800- 514-0301 voice and

800-514-0383 TDD). In addition, tax credits and deductionswere established that can be used annually to offset many costsof providing access to people with disabilities.

In recognition that many small businesses can not afford tomake significant physical changes to their stores or places ofbusiness to provide accessibility to wheelchair users and otherpeople with disabilities, the ADA has requirements for existingfacilities built before 1993 that are less strict than for onesbuilt after early 1993 or modified after early 1992.

(page 2)

Private Businesses that Serve the Public Public Accommodations

Private businesses that provide goods or services to thepublic are called public accommodations in the ADA. The ADAestablishes requirements for twelve categories of publicaccommodations, including stores and shops, restaurants and bars,service establishments, theaters, hotels, recreation facilities,private museums and schools and others. Nearly all types ofprivate businesses that serve the public are included in thecategories, regardless of size.

If you own, operate, lease, or lease to a business that servesthe public, then, you are covered by the ADA and have obligationsfor existing facilities as well as for compliance when a facilityis altered or a new facility is constructed. Existing facilitiesare not exempted by "grandfather provisions" that areoften used by building code officials.

(sidebar)

This booklet focuses on businesses that provide goods andservices to the public.

These businesses may be large or small and can be for profitor non-profit.

two photos -- both showing the entrances to a small business.Each has one step at the entrance

Existing Facilities

Many business facilities were built without features thataccommodate people with disabilities, including people who usewheelchairs. This lack of accessibility makes it impossible formany people with disabilities to take part in everyday activitiessuch as going to work, eating in a restaurant or shopping in astore. The ADA recognizes that, for people with disabilities toparticipate in the everyday activities in their communities, theyneed to have access to the goods and services provided bybusinesses

While it is not possible for many businesses, especially smallbusinesses, to make their facilities fully accessible, there ismuch that can be done without much difficulty or expense toimprove accessibility. Therefore, the ADA requires thataccessibility be improved without taking on excessive expensesthat could harm the business.

If you own or operate a business that serves the public youmust remove physical "barriers" that are "readilyachievable," which means easily accomplishable without muchdifficulty or expense. The "readily achievable"requirement is based on the size and resources of the business.So larger businesses with more resources are expected to take amore active role in removing barriers than small businesses. TheADA also recognizes that economic conditions vary. When abusiness has resources to remove barriers, it is expected to doso; but when profits are down, barrier removal may be reduced ordelayed. Barrier removal is an ongoing obligation -- you areexpected to remove barriers in the future as resources becomeavailable.

(page 3)

Architectural Barriers

Architectural barriers are physical features that limit orprevent people with disabilities from obtaining the goods orservices that are offered. They can include parking spaces thatare too narrow to accommodate people who use wheelchairs; a stepor steps at the entrance or to part of the selling space of astore; round doorknobs or door hardware that is difficult tograsp; aisles that are too narrow for a person using awheelchair, electric scooter, or a walker; a high counter ornarrow checkout aisles at a cash register, and fixed tables ineating areas that are too low to accommodate a person using awheelchair or that have fixed seats that prevent a person using awheelchair from pulling under the table.

Removing Architectural Barriers

In evaluating what barriers need to be removed, a businessshould look to the ADA Standards for Accessible Design as aguide. These standards are part of the ADA Title III regulations.Seeking input from people with disabilities in your community canalso be an important and valuable part of the barrier removalprocess because they can help identify barriers in your businessand offer advice on what solutions may work.

When a business removes barriers, it should follow the designrequirements for new construction in the ADA Standards forAccessible Design (Standards). In some cases, existingconditions, limited resources or both will make it not"readily achievable" to follow these Standards fully.If this occurs, barrier removal measures may deviate from theStandards so long as the measures do not pose a significant riskto the health or safety of individuals with disabilities orothers.

three photos -- first shows a car parked in a parking spacethat is designated as accessible but that lacks an access aisle.Caption - These parking spaces are too narrow and lack a wideaccess aisle so people who use wheelchairs cannot get out oftheir vehicle

second photo shows an entrance to a restaurant with threesteps. Caption - Any step at the entrance can stop people fromvisiting your business

third photo shows a ramp in front of a store that runsparallel to the front of the store. An awning is located abovethe ramp but it is too low. Caption - The awning and awningsupport over the walk to the entrance

Priorities for Barrier Removal

When deciding which barriers to remove first, we suggest thatyou first provide access to the business from public sidewalks,parking, and public transportation and then provide access to theareas where goods and services are made available to the public.Once these barriers are removed, you should provide access topublic toilet rooms (if toilet rooms are provided for customeruse). When these barriers have been removed, it may be necessaryto remove any remaining barriers including those that limit useof public telephones and drinking fountains.

The following examples illustrate common barriers and suggestsolutions that may be readily achievable. Each business mustdecide on a case-by-case basis what constitutes "readilyachievable" barrier removal for their business.

(page 4)

Accessible Parking

When parking is provided for the public, designated accessibleparking spaces must be provided, if doing so is readilyachievable. An accessible parking space must have space for thevehicle and an additional space located either to the right or tothe left of the space that serves as an access aisle. This aisleis needed to permit a person using a wheelchair, electricscooter, or other mobility device to get out of their car or van.A sign with the international symbol of accessibility must belocated in front of the parking space and mounted high enough soit is not hidden by a vehicle parked in the space.

Accessible parking spaces should be the spaces closest to theaccessible entrance and be located on level ground. If it is notreadily achievable to locate accessible parking in the closestspaces due to sloped pavement or other existing conditions, thenthe closest level area should be selected. An accessible routemust be provided between the access aisle and the accessiblebuilding entrance. This route must have no steps or steeplysloped surfaces and it must have a firm, stable, slip-resistantsurface.

Van accessible spaces must have an access aisle that is atleast eight-feet wide and be designated by a sign with theinternational symbol and "van accessible." There shouldbe a vertical clearance of at least 98 inches on the vehicularroute to the space, at the parking space, and along the vehicularroute to an exit.

Photo - Car parked in an accessible parking space that has aneight foot wide access aisle located next to the car. Caption - AVan Accessible Parking Space (1 of 8 of all accessible parkingspaces, but at least one, must be van accessible. Althoughdesignated a van accessible space, cars may use the space too.)

Notes for the photo -

Provide a parking space that is at least 8 feet wide. Thereshould be at least a 98 inch high clearance at the parking space,the adjacent access aisle and along the vehicular route to thespace and vehicular exit.

Install a sign with the international symbol of accessibilityand "van accessible" and mount it high enough so it isnot hidden by the vehicle parked in the space.

Locate parking space and access aisle so that they arerelatively level (1:50 maximum slope in all directions isrecommended if readily

achievable)

Provide an access aisle that is at least 8 feet wide next tothe van parking space to permit a person using a wheelchair orscooter to exit or enter a van with a side-mounted lift.

Provide an accessible route to the accessible entrance(s) tothe building - a marked crosswalk may be needed if route crossesvehicular traffic.

(page 5)

Accessible parking spaces for cars must have an access aislethat is at least five-feet wide. The other features are the sameas for vans, except that the sign designating the parking spaceonly has an international symbol of accessibility, and there isno requirement for a minimum vertical height.

The number of accessible parking spaces that should beprovided is based on the total number of parking spaces that youprovide. For example, if your parking lot has 25 or fewer spaces,then 1 should be an accessible parking space. If it has 50 orfewer spaces, it should have 2 accessible parking spaces.

If you provide only one accessible parking space, it also mustbe a van accessible space. In facilities where more than oneaccessible parking space is required, one of eight accessibleparking spaces must be van accessible.

Where parking is provided in several locations near buildingentrances, the accessible parking should also be dispersed, ifdoing so is readily achievable. Since van accessible parkingspaces are provided in limited numbers, it is often not possibleto disperse the van accessible parking spaces.

Photo -- An accessible parking space with a five foot wideaccess aisle located beside the parking space. Caption - AnAccessible Parking Space for Cars

Notes for photo

Note: locate accessible parking spaces as close as possible tothe accessible entrances and on an accessible route to thebuilding.

Install a sign with the international symbol of accessibilityand mount high enough so sign is not hidden by a vehicle parkedin the space.

Locate parking space and access aisle on relatively levelground (1:50 maximum slope in all directions)

Two parking spaces may share a common access aisle (van orcar).

Install curb ramp where an accessible route crosses a curb -note: curb ramp does not extend into the access aisle.

Note: Accessible parking spaces for cars must have an accessaisle that is at least five feet wide.

(page 6)

Accessible Entrance

Providing physical access to a facility from public sidewalks,public transportation, or parking is basic to making goods andservices available to people with disabilities. Having only onestep at the entrance can prevent access by a person using awheelchair, walker, or cane and can make entry difficult for manyother people with mobility disabilities.

Where one or two steps exist at an entrance, access can beachieved in a variety of ways -- for example, by using analternate accessible entrance, adding a short ramp, modifying thearea in front or to the side of the entrance to eliminate a step,or installing a lift.

When a business has two public entrances, in most cases, onlyone must be accessible. The shop shown in the photo (bottomright) has a street entrance and is also served by an accessibleentrance from the building lobby at the other side of the store.Using the lobby entrance provides access to the store. When oneentrance is not accessible and another entrance is accessible, asign must provide direction to the accessible entrance. Thealternative entrance must be open during store hours. If thealternative accessible entrance is not left unlocked due tosecurity concerns, you must provide an accessible way fornotifying staff to open the door, such as a buzzer or bell. Ifused, the buzzer or call bell must be located on an accessibleroute and mounted at an accessible height (generally not morethan 48 inches above ground).

When a ramp is added to provide an accessible entrance, theslope of the ramp should be as shallow as possible but not morethan 1:12. It is also important to provide handrails whenever theslope is more that 1:20 and the vertical rise is greater than 6inches (a slope of 1:20 means that for every 20 units ofhorizontal length there is one unit of vertical rise or fall). Itis best to grade the area that is adjacent to the ramp to avoidan abrupt drop-off. If a drop-off exists, then a barrier such asa raised edge or railing must be installed. Edge protection isvery important because it prevents people from accidentallyrolling off the edge of the ramp. The ramp that is shown (page 6,top right ) uses railings and edge protection. Edge protectioncould also be provided by a lower railing installed parallel tothe ramp surface.

photo - A front view of a store showing a ramp with handrails.The ramp runs parallel to the front of the store. Caption - A newramp with edge protection, handrails and a wide

landing outside the entrance provide access to this business

notes on photo - Edge protection prevents people from rollingover the edge of the ramp.

Wide landing accommodates turns needed to enter or exit thestore.

photo - A front view of a store with an entrance that is belowsidewalk level. Three steps lead down to the entrance. A sign isprovided to direct customers to the accessible entrance. Caption- Signage provided at an inaccessible entrance provides directionto another entrance that is accessible

note on photo - Example of a sign that directs customers tothe nearest accessible entrance. (sign has an internationalsymbol of accessibility, an arrow and accessible entrance inWalnut Street Lobby)

(page 7)

The photo (upper right) illustrates another way to modify anentrance to make it accessible. A level landing area is providedin front of the entry door so a person can pull the door open.The area adjacent to the landing is graded flush with the landingso no drop-off exists between the landing and the grass areaeliminating the need for railings. The earth is also graded flushwith the ramp surface to eliminate a drop-off.

photo (upper right) - Front of a hair salon with a ramp andlanding located at the entrance. Caption - A new landing, rampand lever door handle provide an accessible entrance to thisbusiness.

notes:

Lever handle added to or in place of round door knob.

Landing extends 18" minimum beyond the edge of door and60" minimum out from door.

New landing and ramp eliminates step at entrance.

Earth is graded up to landing and ramp to eliminate drop off.

Ramp slope max. 1:12 and width is 36" minimum

Another approach to providing access at an entrance is to usea platform or folding lift. Lifts are mechanical devices that canbe used to transport a person using a wheelchair or scooter up ordown several feet. A lift may be a preferred solution wherelittle space exists for a ramp or when an entrance serves morethan one level. For example, had the bookstore shown in the photo(page 6, bottom right) not had an alternate entrance that wasaccessible, a lift could have been installed. Lifts requireperiodic maintenance and must meet safety codes but areworthwhile considerations when a ramp is not feasible.

Photo - view of the entrance to a restaurant which has threesteps. A sign on the front has we deliver and the telephonenumber. Caption - Home delivery, take-out, curbside delivery orother alternate service is required, if readily achievable, whenyou cannot make an entrance accessible

When it is not readily achievable to provide an accessibleentrance, the goods and services must be provided in some otherway, if doing so is readily achievable. For example, if arestaurant has several steps at the entrance and no accessibleentry is possible, providing home delivery or some alternativeservice may be required. In other cases, it may be possible toreceive an order by telephone and to have a clerk bring the orderto the customer outside the store or business. If alternativeservice is provided, it is important that it be publicized so acustomer knows how the goods and services are offered.

(page 8)

Doors at Entrances to Businesses

Most entrances to stores and businesses use 36 inch wide doorsthat are wide enough to be accessible. However, some older doorsare less than 36 inches wide and may not provide enough width (32inch clear width when fully opened). Door openings can sometimesbe enlarged. It may also be possible to use special "swingclear" hinges that provide approximately 1 1/2 inches moreclearance without replacing the door and door frame.

Inaccessible door hardware can also prevent access to thebusiness. For example, the handle shown below requires the userto tightly grasp the handle to open the door. Many people withmobility disabilities and others with a disability that limitsgrasping, such as arthritis, find this type of handle difficultor impossible to use.

Illustration - view of panel-type door handle on an entry doorand a hand tightly grasping the handle. Caption - This panel-typehandle is not accessible because it requires the user to tightlygrasp the handle to pull the door open.

Other types of door hardware, such as a round door knob (whichrequires tight grasping and twisting to operate) or a handle witha thumb latch (see above -- center) are also inaccessible andmust be modified or replaced, if doing so is readily achievable.

Illustration - view of hand using a loop handle with a thumblatch. Caption - This handle with a thumb latch is not accessiblebecause one must grasp the handle and pinch down on the thumblatch at the same time.

Changing or adding door hardware is usually relatively easyand inexpensive. A round doorknob can be replaced with a leverhandle or modified by adding a clamp-on lever. In some cases, athumb latch can be disabled so the door can be pulled openwithout depressing the latch or the hardware may be replaced. Aflat panel-type pull handle can be replaced with a loop-typehandle.

Illustration - view of a lever handle mounted on an entry doorwith a hand pushing down on the lever. Caption - A lever handleis accessible because it can be operated without tight grasping,pinching or twisting.

Illustration - view of a loop-type handle with a hand slippedaround the handle. Caption - A loop-type handle is alsoaccessible because it can be used without grasping, pinching ortwisting.

Turnstiles and Security Gates at Entrances

Businesses with narrow revolving turnstiles located at theentrance exclude people with disabilities unless accessible gatesor passages are provided. Standard narrow turnstiles are notusable by wheelchair users and by most people who walk withcrutches, walkers, or canes. Whenever a narrow turnstile is used,an accessible turnstile, gate or opening must be provided, ifdoing so is readily achievable.

Illustration - view of a turnstile with three rotating bars.Caption - This type of turnstile is not accessible to most peoplewith disabilities.

(page 9)

If an inaccessible turnstile is located at the entrance to thebusiness and no accessible gate or entry is provided, it must bereplaced or removed or an alternative accessible entranceprovided, if doing so is readily achievable. For most businesses,removing or altering the turnstile is not difficult. For somebusinesses, providing an alternative accessible entrance may bean acceptable solution if the business has two or more doors thatcould function as entrances. For example, a store that has aninaccessible turnstile at the entrance but also has an exit door(with no turnstile) located near the cash register may be able touse the exit door as an alternative entrance. It may be readilyachievable to add an accessible door handle to the outside of theexit door, install a sign that designates this door as theaccessible entrance, and permit people with disabilities to enterthrough the exit door.

Eliminating the barrier caused by a turnstile may beaccomplished by simply removing the turnstile and leaving theopening. To assure passage of people using wheelchairs, orcrutches, the opening must be at least 32 inches wide. If it isnot readily achievable to provide a minimum 32 inch wide opening,then the opening should be as wide as possible. If a securitygate is required, then the turnstile may be removed and replacedwith an accessible gate, if readily achievable. Where a businesswishes to retain its standard turnstile, it may provide anaccessible gate adjacent to the turnstile.

Illustration - view of an open passage that is at least 32inches wide. Caption - Removing the turnstile to provide anaccessible passageway.

Illustration - view of an accessible swinging gate (opening 32inch minimum width) . Caption - An example of an accessible gate.

Illustration - view of an accessible gate provided next to aconventional turnstile. Caption - An accessible gate providedadjacent to a turnstile.

(page 10)

Shelves and Maneuvering Space

After ensuring that its entrance is accessible, a businessmust consider how people with disabilities will get to the itemsthat are sold or provided. When sales items are displayed orstored on shelves for selection by customers, the store mustprovide an accessible route to fixed shelves and displays, ifdoing so is readily achievable.

If the maneuvering space adjacent to shelves and displays istoo narrow, the space should be widened. In general, a 36 inchwide accessible route is needed with a slightly larger spaceprovided at corners. If a 180 degree turn is needed to exit anarea, then a 60 inch diameter turning space or a 36 inch wide"T" is needed. The space for a "T" turnrequires at least 36 inches of width for each segment of the Tand it must fit within a 60 inch by 60 inch area.

Some businesses will have difficulty providing enoughmaneuvering space between all displays and shelving without asignificant reduction in selling space that may substantiallyaffect the profitability of the business. This fact can beconsidered in determining if it is readily achievable to provideaccess to all sales areas. If access is not provided to all salesareas, then alternative services such as having staff availableto retrieve items, must be provided,

if doing so is readily achievable. This also applies whenmerchandise is located in areas served only by stairs.

photo - woman using a wheelchair with a child on her lap andone standing beside maneuvering between displays in a bookstore.caption - Provide a 36 inch minimum width route between displaysand shelves if readily achievable

notes:

Sales items may be located at any height

but sales staff should be available, on request, to reachitems for customers

Provide at least a 3' by 3' turning space at a corner for a 90degree turn.

Sales merchandise, displays and other items can block accessand should not be placed in narrow aisles. These books block the3'-0" accessible route.

3'-0" minimum width to move between shelves, displays andmerchandise

It is not necessary to locate all merchandise within reach ofpeople who use wheelchairs. Items can be placed at any height butstaff should be available to assist customers who may havedifficulty reaching or viewing items.

photo - view of staff assisting customer using a wheelchair.Caption - Sales staff retrieving items for customer.

Notes:

Staff assist customers by retrieving merchandise from shelvesand displays.

Staff should provide information about an item by readinglabels for people with a vision impairment.

(page 11)

Sales and Service Counters

When sales or service counters are provided, the counters mustbe accessible, if doing so is readily achievable. This access isan important part of receiving the goods and services provided bya business.

At counters having a cash register, a section of counter atleast 36 inches long and not more than 36 inches above the floorwill make the counter accessible. This provides a lowered surfacewhere goods and services and money can be exchanged. Analternative solution is to provide an auxiliary counter nearby.

photo - view of an accessible counter with a cash register.Person using an electric scooter is pulled parallel to thecounter and the cashier is exchanging money with the customer.Caption - An accessible sales counter at a cash register.

notes:

Accessible counter is at least 36" long and no more than36" above the floor

Provide a 30" by 48" space in front of the sales orservice counter to accommodate a wheelchair or electric scooter

At sales and service counters, such as ticketing counters,teller stations in a bank, registration counters in hotels andmotels, and other counters where goods or services are sold ordistributed a counter that is at least 36 inches long and that isnot more than 36 inches above the floor will make the counteraccessible. It is also possible to provide an auxiliary counternearby or to use a folding shelf or area next to the counter, ifdoing so is readily achievable.

In addition to having a maximum height of 36 inches, allaccessible sales and service counters must have a clear floorspace in front of the accessible surface that permits a customerusing a wheelchair to pull alongside. This space is at least 30inches by 48 inches and may be parallel or perpendicular to thecounter. It is also connected to the accessible route whichconnects to the accessible entrance and other areas in thebusiness where merchandise or services are provided.

If you cannot provide an accessible sales or service counteror auxiliary counter nearby, such as a table or desk, you mayprovide a clip board or lap board for use until a more permanentsolution can be implemented.

Checkout aisles, such as in a grocery store, have differentrequirements. An accessible checkout aisle should provide aminimum of a 36-inch-wide access aisle and it should beidentified by a sign with the international symbol ofaccessibility mounted over the aisle. The counter adjacent to theaccessible checkout aisle has a maximum height of 38 inches. If alip is provided between the counter and the checkout aisle, itsmaximum height is 40 inches.

The number of accessible aisles that is needed depends on thetotal number of checkout aisles provided. For example, if one tofour aisles are provided, then at least one should be accessible.If more than five to eight aisles are provided, then twoaccessible aisles are needed. Each type of checkout, includingexpress lanes, must have an accessible checkout aisle.

The ADA Standards for Accessible Design provide detailedinformation on the requirements for checkout aisles and for salesand service counters.

(page 12)

Serving Counters

Where food or drinks are served at counters and the counterheight is more than 34 inches above the floor, providing alowered section of the serving counter at least 60 inches longand no higher than 34 inches will make the counter accessible. Ifit is not readily achievable to make the counter accessible, abusiness can serve the items at nearby accessible tables, ifreadily achievable.

When it is not readily achievable to provide an accessiblecounter or bar area or service at accessible tables in the samearea, then a business should provide service in an alternativemanner, if doing so is readily achievable. This may includeoffering to assist the customer by moving items to an accessiblecounter or to their table in another area.

photo - staff serving items on a lowered counter. caption -Lowered serving counter provides an accessible space to selectand receive food items.

note:

Door under counter can be opened to provide required kneeclearance when customers eat at the counter.

Self-service restaurants with a food service line must provideadequate maneuvering space for a person using a wheelchair toapproach and move through the line, if doing so is readilyachievable. A minimum width of 36 inches should be provided witha 42 inch width preferred, if readily achievable. If the linechanges direction, such as a 180 degree turn, an extra wideturning space is needed. An alternative solution, in an existingfacility, is to provide an accessible route around the queuingarea.

If self-service condiments, utensils, or tableware areprovided, then they should be located no higher than 54 inches ifa side reach is possible or 48 inches for a forward reach (seeSection 4.2 of the ADA Standards for Accessible Design). If it isnot readily achievable to provide these items in an accessiblelocation, a business can provide staff assistance, if doing so isreadily achievable.

photo - person using a scooter pulled alongside a shelf thathas been installed to provide accessible condiments. Caption -Lowered shelf provided for condiment items.

note:

Lowered shelf was added to provide an accessible surface forpreparing coffee.

(page 13)

Fixed Seating and Tables

If tables are provided, such as in restaurants and snack bars,and the tables are attached to the wall or floor (fixed), then 5%of the tables or at least one (if less than 20 are provided) mustbe accessible, if doing so is readily achievable. Accessibleseating must be provided, if doing so is readily achievable, ateach accessible table to accommodate people using wheelchairs.Movable chairs can be used for these tables and the movablechairs can be removed when customers using wheelchairs use thetable(s).

The same requirements apply to fixed tables in outdoor areassuch as picnic areas, playgrounds or patios.

(sidebar)

When fixed seating or fixed tables are provided, accessibleseating must be provided, if readily achievable.

An accessible table has a surface height of no more than 34inches and no less than 28 inches above the floor. At least 27inches of knee clearance must be provided between the floor andthe underside of the table. An accessible route provides accessto each accessible table and a clear floor area 30 inches by 48inches is provided at each accessible seating location. Thisclear floor area extends 19 inches under the table to provide legand knee clearance.

If it is not readily achievable to provide the minimal numberof accessible tables in all areas where fixed tables areprovided, then the services must be provided in anotheraccessible location, if doing so is readily achievable. However,these alternate location(s) must be available for all customersand not just people with disabilities. It is illegal to segregatepeople with disabilities in one area by designating it as anaccessible area to be used only by people with disabilities.

photo - two people using electric scooters eating at a fixedtable. Caption - Accessible seating positions at apermanently-mounted table

notes:

Table height 34" maximum, 28" minimum

Knee clearance 27" minimum (from floor to bottom of tablesurface)

Clear floor area of 30" by 48" needed at eachseating area

Knee clearance extends at least 19" under the table

(page 14)

Policies and Procedures

Businesses must review their policies and procedures forserving customers and change those that exclude or limitparticipation by people with disabilities. For example, if astore has a policy to exclude all animals, the policy should bechanged to permit people who use service animals, such as"seeing-eye-dogs" and "hearing-assist-dogs"to enter the store with their service animals. A store that has aspecial accessible entrance that remains locked during businesshours will need to change the policy and keep the door unlockedwhen the store is open. If security is a problem, an accessiblecall box or buzzer (identified by a sign and mounted in anaccessible location and height) should be installed to enablepeople with disabilities to call staff to unlock the door. Arestaurant that restricts seating of people with disabilities toone area must revise the policy to permit the range of choicesenjoyed by others.

Communicating with Customers

Customers who have hearing or speech disabilities may need tocommunicate with sales staff without using speech. The method ofcommunication will vary depending the abilities of the customersand on the complexity of the communications that are required.For example, some people who are deaf are able to use speech butunable to understand words spoken by others while other peoplewho are deaf are not able to communicate with speech. People withspeech or hearing disabilities may require extra time to completetheir message or extra attention by staff to understand what isbeing said. When communication by speech is not possible, simplequestions, such as the price of an item, may be handled with penand paper by exchanging written notes or a mixture of speech andwritten notes. Staff should be aware of the need to use notes orboth speech and communication with pen and paper. It isappropriate to ask the customer what is their preference forsimple communication.

When more complex or lengthy communications are needed, it maybe necessary to provide a sign language interpreter in, forexample, negotiating the purchase of an automobile or home. Butmost business communications with customers involve only simplecommunications that can be done using pen and paper.

Many people with hearing or speech disabilities use atelecommunications device for the deaf (TDD) instead of astandard telephone. This device has a keyboard for enteringmessages and a visual display to view the content of aconversation from another person using a TDD.

To make it easy for people who use a TDD to communicate withbusinesses and individuals who do not have a TDD, the ADAestablished a free state-by-state relay network nationwide thathandles voice-to-TDD and TDD-to-voice calls. Customers who use aTDD to make telephone calls may telephone your business using arelay network. The relay consists of an operator with a TDD whotranslates TDD and voice messages. For example, a caller using aTDD calls the relay operator who then calls your business. Thecaller types the message into the TDD and the operator reads themessage to you. You respond by talking to the operator who thenenters your message into the TDD.

Tax Credits and Deductions

To assist businesses with complying with the ADA, Section 44of the IRS Code allows a tax credit for small businesses andSection 190 of the IRS Code allows a tax deduction for allbusinesses.

The tax credit is available to businesses that have totalrevenues of $1,000,000 or less in the previous tax year or 30 orfewer full-time employees. This credit can cover 50% of theeligible access expenditures in a year up to $10,250 (maximumcredit of $5000). The tax credit can be used to offset the costof undertaking barrier removal and alterations to improveaccessibility; providing accessible formats such as Braille,large print and audio tape; making available a sign languageinterpreter or a reader for customers or employees, and forpurchasing certain adaptive equipment.

The tax deduction is available to all businesses with amaximum deduction of $15,000 per year. The tax deduction can beclaimed for expenses incurred in barrier removal and alterations.

To learn more about the tax credit and tax deductionprovisions, contact the DOJ ADA Information Line (see InformationSources for the numbers).

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New Construction and Alterations

The ADA requires that newly constructed facilities, firstoccupied on or after January 26, 1993, meet or exceed the minimumrequirements of the ADA Standards for Accessible Design(Standards). Alterations to facilities, spaces or elements(including renovations) on or after January 26, 1992, also mustcomply with the Standards. If you build a new facility or modifyyour existing one, (for example, work such as restriping theparking area, replacing the entry door or renovating the salescounter), make sure to consult the Standards and the title IIIregulations for the specific requirements. Renovations ormodifications are considered to be alterations when they affectthe usability of the element or space. For example, installing anew display counter, moving walls in a sales area, replacingfixtures, carpet or flooring, and replacing an entry door.However, simple maintenance, such as repainting a wall is notconsidered an alteration by the ADA.

Many communities also have State or local accessibility codesenforced by local building inspectors. When a local accessibilitycode exists, you must follow both the code and the ADArequirements.

ADA Information Sources

Department of Justice

ADA Information Line

The ADA Information Line is available during weekdays toprovide technical assistance on the ADA Standards for AccessibleDesign and other ADA provisions applying to businesses,non-profit service agencies and state and local governmentprograms. It also provides a 24 hour automated service forordering ADA materials.

800-514-0301 (voice)

800-514-0383 (TDD)

To download information by computer:

Electronic Bulletin Board

202-514-6193

Internet Access

http://www.usdoj.gov/crt/ada/adahom1.htm

Disability and Business Technical Assistance Centers (DBTACs)

The ten regional centers are funded by the Department ofEducation to provide technical assistance on the ADA. Onetoll-free number connects to the center in your region.

800-949-4232 (voice & TDD)

Access Board

Offers technical assistance on the ADA AccessibilityGuidelines.

800-872-2253 (voice)

800-993-2822 (TDD)

Electronic Bulletin Board

202-272-5448

Equal Employment Opportunity Commission (EEOC)

The EEOC offers technical assistance on the ADA provisions foremployment which apply to businesses with 15 or more employees.

Employment questions

800-669-4000 (voice)

800-669-6820 (TDD)

Employment documents

800-669-3362 (voice)

800-800-3302 (TDD)

Local Libraries

Technical assistance materials including the title IIIregulations that apply to businesses have been distributed to15,000 libraries nationwide. This collection, is known as the ADAInformation File. Contact your local or regional library to findif it has the ADA Information File and where it is located. Youmay also contact the regional DBTAC (800-949-4232) to obtain thename of a local library that has the ADA Information File.


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