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ADA Guide for Small Businesses
The U.S. Small Business Administration is pleased to work with the U.S. Department of Justice in assisting small buinesses to understand and comply with the Americans With Disabilities Act. Reproduction Disclaimer The ADA authorizes the Department of Justice to provide technical assistance to
individuals and entities that have rights or responsibilities under the Act.
This document provides informal guidance to assist you in understanding the ADA
and the Department's regulation. However, this technical assistance does not
constitute a legal interpretation of the statute.
Introduction 1
This guide presents an informal overview of some basic ADA requirements for small businesses that provide goods or services to the public. It omits many of the "legal" terms that are found in the ADA and its regulations. But because it would be misleading to separate any explanation of ADA requirements from the law, references to key sections of the regulations or other information are included.
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The Americans with Disabilities Act (ADA) is a Federal civil rights law
that prohibits the exclusion of people with disabilities from everyday
activities, such as buying an item at the store, watching a movie in a
theater, enjoying a meal at a local restaurant, exercising at the local
health club or having the car serviced at a local garage. To meet the
goals of the ADA, the law established requirements for private businesses
of all sizes. These requirements first went into effect on January 26,
1992, and continue for both for-profit and non-profit organizations.
For small businesses, compliance with the ADA is not difficult. To help
businesses with their compliance efforts, Congress established a technical
assistance program to answer questions about the ADA. Answers to your
questions about the ADA are a phone call away. The Department of Justice
operates a toll-free ADA Information Line (800- 514-0301 voice and
800-514-0383 TDD). In addition, tax credits and deductions were
established that can be used annually to offset many costs of providing
access to people with disabilities.
In recognition that many small businesses can not afford to make
significant physical changes to their stores or places of business to
provide accessibility to wheelchair users and other people with
disabilities, the ADA has requirements for existing facilities built
before 1993 that are less strict than for ones built after early 1993 or
modified after early 1992.
Private businesses that provide goods or services to
the public are called public accommodations in the ADA. The ADA
establishes requirements for twelve categories of public accommodations,
including stores and shops, restaurants and bars, service establishments,
theaters, hotels, recreation facilities, private museums and schools and
others. Nearly all types of private businesses that serve the public are
included in the categories, regardless of size.
If you own, operate, lease, or lease to a business that serves the public,
then, you are covered by the ADA and have obligations for existing
facilities as well as for compliance when a facility is altered or a new
facility is constructed. Existing facilities are not exempted by
"grandfather provisions" that are often used by building code
officials.
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These businesses may be large or small and can be for profit or non-profit.
Many business facilities were built without features that accommodate
people with disabilities, including people who use wheelchairs. This lack
of accessibility makes it impossible for many people with disabilities to
take part in everyday activities such as going to work, eating in a
restaurant or shopping in a store. The ADA recognizes that, for people
with disabilities to participate in the everyday activities in their
communities, they need to have access to the goods and services provided
by businesses
While it is not possible for many businesses, especially small businesses,
to make their facilities fully accessible, there is much that can be done
without much difficulty or expense to improve accessibility. Therefore,
the ADA requires that accessibility be improved without taking on
excessive expenses that could harm the business.
If you own or operate a business that serves the public you must remove
physical "barriers" that are "readily achievable,"
which means easily accomplishable without much difficulty 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 a more active role in removing barriers than small
businesses. The ADA also recognizes that economic conditions vary. When a
business has resources to remove barriers, it is expected to do so; but
when profits are down, barrier removal may be reduced or delayed. Barrier
removal is an ongoing obligation -- you are expected to remove barriers in
the future as resources become available.
Architectural barriers are physical features that limit or prevent people with disabilities from obtaining the goods or services that are offered. They can include parking spaces that are too narrow to accommodate people who use wheelchairs; a step or steps at the entrance or to part of the selling space of a store; round doorknobs or door hardware that is difficult to grasp; aisles that are too narrow for a person using a wheelchair, electric scooter, or a walker; a high counter or narrow checkout aisles at a cash register, and fixed tables in eating areas that are too low to accommodate a person using a wheelchair or that have fixed seats that prevent a person using a wheelchair from pulling under the table.
In evaluating what barriers need to be removed, a business should look to the ADA Standards for
Accessible Design as a guide. These standards are part of the ADA Title
III regulations. Seeking input from people with disabilities in your
community can also be an important and valuable part of the barrier
removal process because they can help identify barriers in your business
and offer advice on what solutions may work.
When a business removes barriers, it should follow the design requirements
for new construction in the ADA Standards for Accessible Design
(Standards). In some cases, existing conditions, limited resources or both
will make it not "readily achievable" to follow these Standards
fully. If this occurs, barrier removal measures may deviate from the
Standards so long as the measures do not pose a significant risk to the
health or safety of individuals with disabilities or others.
When deciding which barriers to remove first, we
suggest that you first provide access to the business from public
sidewalks, parking, and public transportation and then provide access to
the areas where goods and services are made available to the public. Once
these barriers are removed, you should provide access to public toilet
rooms (if toilet rooms are provided for customer use). When these barriers
have been removed, it may be necessary to remove any remaining barriers
including those that limit use of public telephones and drinking
fountains.
When parking is provided for the
public, designated accessible parking spaces must be provided, if doing so
is readily achievable. An accessible parking space must have space for the
vehicle and an additional space located either to the right or to the left
of the space that serves as an access aisle. This aisle is needed to
permit a person using a wheelchair, electric scooter, or other mobility
device to get out of their car or van. A sign with the international
symbol of accessibility must be located in front of the parking space and
mounted high enough so it is not hidden by a vehicle parked in the space.
Accessible parking spaces should be the spaces closest to the accessible
entrance and be located on level ground. If it is not readily achievable
to locate accessible parking in the closest spaces due to sloped pavement
or other existing conditions, then the closest level area should be
selected. An accessible route must be provided between the access aisle
and the accessible building entrance. This route must have no steps or
steeply sloped surfaces and it must have a firm, stable, slip-resistant
surface.
Van accessible spaces must have an access aisle that is at least
eight-feet wide and be designated by a sign with the international symbol
and "van accessible." There should be a vertical clearance of at
least 98 inches on the vehicular route to the space, at the parking space,
and along the vehicular route to an exit.
Note:
Accessible parking spaces for cars
must have an access aisle that is at least five-feet wide. The other
features are the same as for vans, except that the sign designating the
parking space only has an international symbol of accessibility, and there
is no requirement for a minimum vertical height.
The number of accessible parking spaces that should be provided is based
on the total number of parking spaces that you provide. For example, if
your parking lot has 25 or fewer spaces, then 1 should be an accessible
parking space. If it has 50 or fewer spaces, it should have 2 accessible
parking spaces.
If you provide only one accessible parking space, it also must be a van
accessible space. In facilities where more than one accessible parking
space is required, one of eight accessible parking spaces must be van
accessible.
Where parking is provided in several locations near building entrances,
the accessible parking should also be dispersed, if doing so is readily
achievable. Since van accessible parking spaces are provided in limited
numbers, it is often not possible to disperse the van accessible parking
spaces.
Note:
Install a sign with the international symbol of accessibility and mount
high enough so sign is not hidden by a vehicle parked in the space.
Locate parking space and access aisle on relatively level ground (1:50
maximum slope in all directions)
Two parking spaces may share a common access aisle (van or car).
Install curb ramp where an accessible route crosses a curb - note: curb
ramp does not extend into the access aisle.
Accessible parking spaces for cars must have an access aisle that is
at least five feet wide.
Providing physical access to a facility from public
sidewalks, public transportation, or parking is basic to making goods and
services available to people with disabilities. Having only one step at
the entrance can prevent access by a person using a wheelchair, walker, or
cane and can make entry difficult for many other people with mobility
disabilities.
Where one or two steps exist at an entrance, access can be achieved in a
variety of ways -- for example, by using an alternate accessible entrance,
adding a short ramp, modifying the area 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, only one must be
accessible. The shop shown in the photo (bottom right) has a street
entrance and is also served by an accessible entrance from the building
lobby at the other side of the store. Using the lobby entrance provides
access to the store. When one entrance is not accessible and another
entrance is accessible, a sign must provide direction to the accessible
entrance. The alternative entrance must be open during store hours. If the
alternative accessible entrance is not left unlocked due to security
concerns, you must provide an accessible way for notifying staff to open
the door, such as a buzzer or bell. If used, the buzzer or call bell must
be located on an accessible route and mounted at an accessible height
(generally not more than 48 inches above ground).
When a ramp is added to provide an accessible entrance, the slope of the
ramp should be as shallow as possible but not more than 1:12. It is also
important to provide handrails whenever the slope is more that 1:20 and
the vertical rise is greater than 6 inches (a slope of 1:20 means that for
every 20 units of horizontal length there is one unit of vertical rise or
fall). It is best to grade the area that is adjacent to the ramp to avoid
an abrupt drop-off. If a drop-off exists, then a barrier such as a raised
edge or railing must be installed. Edge protection is very important
because it prevents people from accidentally rolling off the edge of the
ramp. The ramp that is shown (page 6, top right ) uses railings and edge
protection. Edge protection could also be provided by a lower railing
installed parallel to the ramp surface.
Note: Wide landing accommodates turns needed to enter or exit the store. Lever handle added to or in place of round door knob. Landing extends 18" minimum beyond the edge of door and 60"
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 use a platform
or folding lift. Lifts are mechanical devices that can be used to
transport a person using a wheelchair or scooter up or down several feet.
A lift may be a preferred solution where little space exists for a ramp or
when an entrance serves more than one level. Lifts
require periodic maintenance and must meet safety codes but are worthwhile
considerations when a ramp is not feasible. When it is not readily achievable to provide an accessible entrance, the
goods and services must be provided in some other way, if doing so is
readily achievable. For example, if a restaurant has several steps at the
entrance and no accessible entry is possible, providing home delivery or
some alternative service may be required. In other cases, it may be
possible to receive an order by telephone and to have a clerk bring the
order to the customer outside the store or business. If alternative
service is provided, it is important that it be publicized so a customer
knows how the goods and services are offered.
Most entrances to stores and businesses use 36 inch
wide doors that are wide enough to be accessible. However, some older
doors are less than 36 inches wide and may not provide enough width (32
inch clear width when fully opened). Door openings can sometimes be
enlarged. It may also be possible to use special "swing clear"
hinges that provide approximately 1 1/2 inches more clearance without
replacing the door and door frame.
Inaccessible door hardware can also prevent access to the business. For
example, the handle shown below requires the user to tightly grasp the
handle to open the door. Many people with mobility disabilities and others
with a disability that limits grasping, such as arthritis, find this type
of handle difficult or impossible to use.
Other types of door hardware, such as a round door knob (which requires
tight grasping and twisting to operate) or a handle with a thumb latch
(see above -- center) are also inaccessible and must be modified or
replaced, if doing so is readily achievable.
Changing or adding door hardware is usually relatively easy and
inexpensive. A round doorknob can be replaced with a lever handle or
modified by adding a clamp-on lever. In some cases, a thumb latch can be
disabled so the door can be pulled open without depressing the latch or
the hardware may be replaced. A flat panel-type pull handle can be
replaced with a loop-type handle.
Businesses with narrow revolving turnstiles located at the entrance
exclude people with disabilities unless accessible gates or passages are
provided. Standard narrow turnstiles are not usable by wheelchair users
and by most people who walk with crutches, walkers, or canes. Whenever a
narrow turnstile is used, an accessible turnstile, gate or opening must be
provided, if doing so is readily achievable. If an inaccessible
turnstile is located at the entrance to the business and no accessible
gate or entry is provided, it must be replaced or removed or an
alternative accessible entrance provided, if doing so is readily
achievable. For most businesses, removing or altering the turnstile is not
difficult. For some businesses, providing an alternative accessible
entrance may be an acceptable solution if the business has two or more
doors that could function as entrances. For example, a store that has an
inaccessible turnstile at the entrance but also has an exit door (with no
turnstile) located near the cash register may be able to use the exit door
as an alternative entrance. It may be readily achievable to add an
accessible door handle to the outside of the exit door, install a sign
that designates this door as the accessible entrance, and permit people
with disabilities to enter through the exit door.
Eliminating the barrier caused by a turnstile may be accomplished by
simply removing the turnstile and leaving the opening. To assure passage
of people using wheelchairs, or crutches, the opening must be at least 32
inches wide. If it is not readily achievable to provide a minimum 32 inch
wide opening, then the opening should be as wide as possible. If a
security gate is required, then the turnstile may be removed and replaced
with an accessible gate, if readily achievable. Where a business wishes to
retain its standard turnstile, it may provide an accessible gate adjacent
to the turnstile.
After ensuring that its entrance is accessible, a
business must consider how people with disabilities will get to the items
that are sold or provided. When sales items are displayed or stored on
shelves for selection by customers, the store must provide an accessible
route to fixed shelves and displays, if doing so is readily achievable. If the maneuvering space adjacent to shelves and displays is too narrow,
the space should be widened. In general, a 36 inch wide accessible route
is needed with a slightly larger space provided at corners. If a 180
degree turn is needed to exit an area, then a 60 inch diameter turning
space or a 36 inch wide "T" is needed. The space for a
"T" turn requires at least 36 inches of width for each segment
of the T and it must fit within a 60 inch by 60 inch area.
Some businesses will have difficulty providing enough maneuvering space
between all displays and shelving without a significant reduction in
selling space that may substantially affect the profitability of the
business. This fact can be considered in determining if it is readily
achievable to provide access to all sales areas. If access is not provided
to all sales areas, then alternative services such as having staff
available to retrieve items, must be provided, if doing so is readily achievable. This also applies when merchandise is
located in areas served only by stairs.
Note:
Provide at least a 3' by 3' turning space at a corner for a 90 degree
turn.
Sales merchandise, displays and other items can block access and should
not be placed in narrow aisles. These books block the 3'-0"
accessible route.
3'-0" minimum width to move between shelves, displays and merchandise
It is not necessary to locate all merchandise within reach of people who
use wheelchairs. Items can be placed at any height but staff should be
available to assist customers who may have difficulty reaching or viewing
items.
Staff assist customers by retrieving merchandise from shelves and
displays.
When sales or service counters are provided, the
counters must be accessible, if doing so is readily achievable. This
access is an important part of receiving the goods and services provided
by a business.
At counters having a cash register, a section of counter at least 36
inches long and not more than 36 inches above the floor will make the
counter accessible. This provides a lowered surface where goods and
services and money can be exchanged. An alternative solution is to provide
an auxiliary counter nearby.
Note:
In addition to having a maximum height of 36 inches, all accessible sales
and service counters must have a clear floor space in front of the
accessible surface that permits a customer using a wheelchair to pull
alongside. This space is at least 30 inches by 48 inches and may be
parallel or perpendicular to the counter. It is also connected to the
accessible route which connects to the accessible entrance and other areas
in the business where merchandise or services are provided.
If you cannot provide an accessible sales or service counter or auxiliary
counter nearby, such as a table or desk, you may provide a clip board or
lap board for use until a more permanent solution can be implemented.
Checkout aisles, such as in a grocery store, have different requirements.
An accessible checkout aisle should provide a minimum of a 36-inch-wide
access aisle and it should be identified by a sign with the international
symbol of accessibility mounted over the aisle. The counter adjacent to
the accessible checkout aisle has a maximum height of 38 inches. If a lip
is provided between the counter and the checkout aisle, its maximum height
is 40 inches.
The number of accessible aisles that is needed depends on the total number
of checkout aisles provided. For example, if one to four aisles are
provided, then at least one should be accessible. If more than five to
eight aisles are provided, then two accessible aisles are needed. Each
type of checkout, including express lanes, must have an accessible
checkout aisle.
The ADA Standards for Accessible Design provide detailed information on
the requirements for checkout aisles and for sales and service counters.
Accessible counter is at least 36" long and no more than 36"
above the floor
Provide a 30" by 48" space in front of the sales or service
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 and motels, and other counters
where goods or services are sold or distributed a counter that is at least
Where food or drinks are served at counters and the counter height is more than 34 inches above the floor,
providing a lowered section of the serving counter at least 60 inches long
and no higher than 34 inches will make the counter accessible. If it is
not readily achievable to make the counter accessible, a business can
serve the items at nearby accessible tables, if readily achievable.
When it is not readily achievable to provide an accessible counter or bar
area or service at accessible tables in the same area, then a business
should provide service in an alternative manner, if doing so is readily
achievable. This may include offering to assist the customer by moving
items to an accessible counter or to their table in another area.
Note:
Self-service restaurants with a food service line must provide adequate
maneuvering space for a person using a wheelchair to approach and move
through the line, if doing so is readily achievable. A minimum width of 36
inches should be provided with a 42 inch width preferred, if readily
achievable. If the line changes direction, such as a 180 degree turn, an
extra wide turning space is needed. An alternative solution, in an
existing facility, is to provide an accessible route around the queuing
area.
If self-service condiments, utensils, or tableware are provided, then they
should be located no higher than 54 inches if a side reach is possible or
48 inches for a forward reach (see Section 4.2 of the ADA Standards for
Accessible Design). If it is not readily achievable to provide these items
in an accessible location, a business can provide staff assistance, if
doing so is readily achievable.
Lowered shelf was added to provide an accessible surface for preparing
coffee.
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) must be
accessible, if doing so is readily achievable. Accessible seating must be
provided, if doing so is readily achievable, at each accessible table to
accommodate people using wheelchairs. Movable chairs can be used for these
tables and the movable chairs can be removed when customers using
wheelchairs use the table(s).
The same requirements apply to fixed tables in outdoor areas such as
picnic areas, playgrounds or patios.
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An accessible table has a surface height of no more than 34 inches and no
less than 28 inches above the floor. At least 27 inches of knee clearance
must be provided between the floor and the underside of the table. An
accessible route provides access to each accessible table and a clear
floor area 30 inches by 48 inches is provided at each accessible seating
location. This clear floor area extends 19 inches under the table to
provide leg and knee clearance.
If it is not readily achievable to provide the minimal number of
accessible tables in all areas where fixed tables are provided, then the
services must be provided in another accessible location, if doing so is
readily achievable. However, these alternate location(s) must be available
for all customers and not just people with disabilities. It is illegal to
segregate people with disabilities in one area by designating it as an
accessible area to be used only by people with disabilities.
Note:
Knee clearance 27" minimum (from floor to bottom of table surface)
Clear floor area of 30" by 48" needed at each seating area
Knee clearance extends at least 19" under the table
Businesses must review their policies and procedures for serving customers and change those that exclude or limit participation by people with disabilities. For example, if a store has a policy to exclude all animals, the policy should be changed 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 a special accessible entrance that remains locked during business hours will need to change the policy and keep the door unlocked when the store is open. If security is a problem, an accessible call box or buzzer (identified by a sign and mounted in an accessible location and height) should be installed to enable people with disabilities to call staff to unlock the door. A restaurant that restricts seating of people with disabilities to one area must revise the policy to permit the range of choices enjoyed by others.
Customers who have hearing or speech disabilities
may need to communicate with sales staff without using speech. The method
of communication will vary depending the abilities of the customers and on
the complexity of the communications that are required. For example, some
people who are deaf are able to use speech but unable to understand words
spoken by others while other people who are deaf are not able to
communicate with speech. People with speech or hearing disabilities may
require extra time to complete their message or extra attention by staff
to understand what is being said. When communication by speech is not
possible, simple questions, such as the price of an item, may be handled
with pen and paper by exchanging written notes or a mixture of speech and
written notes. Staff should be aware of the need to use notes or both
speech and communication with pen and paper. It is appropriate to ask the
customer what is their preference for simple communication.
When more complex or lengthy communications are needed, it may be
necessary to provide a sign language interpreter in, for example,
negotiating the purchase of an automobile or home. But most business
communications with customers involve only simple communications that can
be done using pen and paper.
Many people with hearing or speech disabilities use a telecommunications
device for the deaf (TDD) instead of a standard telephone. This device has
a keyboard for entering messages and a visual display to view the content
of a conversation from another person using a TDD.
To make it easy for people who use a TDD to communicate with businesses
and individuals who do not have a TDD, the ADA established a free
state-by-state relay network nationwide that handles voice-to-TDD and TDD-to-voice
calls. Customers who use a TDD to make telephone calls may telephone your
business using a relay network. The relay consists of an operator with a
TDD who translates TDD and voice messages. For example, a caller using a
TDD calls the relay operator who then calls your business. The caller
types the message into the TDD and the operator reads the message to you.
You respond by talking to the operator who then enters your message into
the TDD.
To assist businesses with complying with the ADA,
Section 44 of the IRS Code allows a tax credit for small businesses and
Section 190 of the IRS Code allows a tax deduction for all businesses.
The tax credit is available to businesses that have total revenues of
$1,000,000 or less in the previous tax year or 30 or fewer full-time
employees. This credit can cover 50% of the eligible access expenditures
in a year up to $10,250 (maximum credit of $5000). The tax credit can be
used to offset the cost of undertaking barrier removal and alterations to
improve accessibility; providing accessible formats such as Braille, large
print and audio tape; making available a sign language interpreter or a
reader for customers or employees, and for purchasing certain adaptive
equipment.
The tax deduction is available to all businesses with a maximum deduction
of $15,000 per year. The tax deduction can be claimed for expenses
incurred in barrier removal and alterations.
To learn more about the tax credit and tax deduction provisions, contact
the DOJ ADA Information Line (see Information Sources for the numbers).
The ADA requires that newly constructed facilities, first occupied on or
after January 26, 1993, meet or exceed the minimum requirements of the ADA
Standards for Accessible Design (Standards). Alterations to facilities,
spaces or elements (including renovations) on or after January 26, 1992,
also must comply with the Standards. If you build a new facility or modify
your existing one, (for example, work such as restriping the parking area,
replacing the entry door or renovating the sales counter), make sure to
consult the Standards and the title III regulations for the specific
requirements. Renovations or modifications are considered to be
alterations when they affect the usability of the element or space. For
example, installing a new display counter, moving walls in a sales area,
replacing fixtures, carpet or flooring, and replacing an entry door.
However, simple maintenance, such as repainting a wall is not considered
an alteration by the ADA. Many communities also have State or local accessibility codes enforced by
local building inspectors. When a local accessibility code exists, you
must follow both the code and the ADA requirements.
Department of Justice ADA Information Line The ADA Information Line is available during weekdays to provide technical assistance on the ADA Standards for Accessible Design and other ADA provisions applying to businesses, non-profit service agencies and state and local government programs. It also provides a 24 hour automated service for ordering ADA materials.
800-514-0301 (voice) To download information by computer:
Electronic Bulletin Board Internet: http://www.usdoj.gov/crt/ada/adahom1.htm Disability and Business Technical Assistance Centers (DBTACs)
The ten regional centers are funded by the Department of Education to
provide technical assistance on the ADA. One toll-free number connects to
the center in your region.
800-949-4232 (voice & TDD)
Access Board offers technical assistance on the ADA Accessibility Guidelines.
800-872-2253 (voice) or 800-993-2822 (TDD)
Internet: www.access-board.gov Equal Employment Opportunity Commission (EEOC)
The EEOC offers technical assistance on the ADA provisions for employment
which apply to businesses with 15 or more employees.
Employment questions
Employment documents Local Libraries Technical assistance materials including the title III regulations that apply to businesses have been distributed to 15,000 libraries nationwide. This collection, is known as the ADA Information File. Contact your local or regional library to find if it has the ADA Information File and where it is located. You may also contact the regional DBTAC (800-949-4232) to obtain the name of a local library that has the ADA Information File. Small Business Information Source
Small Business Administration
Internet: www.sba.gov
Last revised - July 16, 1999 Home | Access Control | Security Tips | Door Facts | ADA Law Online Forms | Links | Contact Us ©Sacramento Valley Lockworks 2002 |