Americans with Disabilities Act

ADA Guide for Small Businesses

U.S. Department of JusticeCivil Rights Division

U.S. Small Business AdministrationOffice of Entrepreneurial Development

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The ADA authorizes the Depart-ment of Justice to provide techni-cal assistance to individuals andentities that have rights or respon-sibilities under the Act. Thisdocument provides informalguidance to assist you in under-standing the ADA and theDepartment's regulation. How-ever, this technical assistance doesnot constitute a legal interpretationof the statute.

SBA Authorization #99-2111-26

fourth printing, June 1999

Disclaimer

Reproduction

Reproduction of this document isencouraged.

The U.S. Small Business Administration is pleased to work with the U. S. Department of Justice inassisting small businesses to understand and comply with the Americans With Disabilities Act.

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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

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1

To get answers to questions

about the ADA or

to learn more about the law

call the

Department of Justice

ADA Information Line,

toll-free

(1-800-514-0301 voice and

1-800-514-0383 TDD).

This guide presents an informaloverview of some basic ADArequirements for small businessesthat provide goods or services tothe public. It omits many of the“legal” terms that are found in theADA and its regulations. Butbecause it would be misleading toseparate any explanation of ADArequirements from the law, refer-ences to key sections of the regula-tions or other information areincluded.

The Americans with DisabilitiesAct (ADA) is a Federal civil rightslaw that prohibits the exclusion ofpeople with disabilities fromeveryday activities, such as buyingan item at the store, watching amovie in a theater, enjoying a mealat a local restaurant, exercising atthe local health club or having thecar serviced at a local garage. Tomeet the goals of the ADA, the lawestablished requirements forprivate businesses of all sizes.These requirements first went intoeffect on January 26, 1992, andcontinue for both for-profit andnon-profit organizations.

For small businesses, compliancewith the ADA is not difficult. Tohelp businesses with their compli-ance efforts, Congress establisheda technical assistance program toanswer questions about the ADA.

Answers to your questions aboutthe ADA are a phone call away.The Department of Justice oper-ates a toll-free ADA InformationLine (800- 514-0301 voice and800-514-0383 TDD). In addition,tax credits and deductions wereestablished that can be usedannually to offset many costs ofproviding access to people withdisabilities.

In recognition that many smallbusinesses can not afford to makesignificant physical changes totheir stores or places of business toprovide accessibility to wheelchairusers and other people withdisabilities, the ADA has require-ments for existing facilities builtbefore 1993 that are less strict thanfor ones built after early 1993 ormodified after early 1992.

The Americans with Disabilities Act

Introduction

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Private Businesses that Serve the Public: Public Accommodations

Private businesses that providegoods or services to the public arecalled public accommodations inthe ADA. The ADA establishesrequirements for twelve categoriesof public accommodations, includ-ing stores and shops, restaurantsand bars, service establishments,theaters, hotels, recreation facili-ties, private museums and schoolsand others. Nearly all types ofprivate businesses that serve thepublic are included in the catego-ries, regardless of size.

If you own, operate, lease, or leaseto a business that serves the public,then, you are covered by the ADAand have obligations for existingfacilities as well as for compliancewhen a facility is altered or a newfacility is constructed. Existingfacilities are not exempted by"grandfather provisions" that areoften used by building codeofficials.

easily accomplishable withoutmuch difficulty or expense. The“readily achievable” requirement isbased on the size and resources ofthe business. So larger businesseswith more resources are expectedto take a more active role inremoving barriers than smallbusinesses. The ADA also recog-nizes that economic conditionsvary. When a business has re-sources to remove barriers, it isexpected to do so; but when profitsare down, barrier removal may bereduced or delayed. Barrierremoval is an ongoing obligation --you are expected to removebarriers in the future as resourcesbecome available.

Existing Facilities

Many business facilities were builtwithout features that accommodatepeople with disabilities, includingpeople who use wheelchairs. Thislack of accessibility makes itimpossible for many people withdisabilities to take part in everydayactivities such as going to work,eating in a restaurant or shoppingin a store. The ADA recognizesthat, for people with disabilities toparticipate in the everyday activi-ties in their communities, theyneed to have access to the goodsand services provided by busi-nesses.

While it is not possible for manybusinesses, especially smallbusinesses, to make their facilitiesfully accessible, there is much thatcan be done without much diffi-culty or expense to improveaccessibility. Therefore, the ADArequires that accessibility beimproved without taking onexcessive expenses that couldharm the business.

If you own or operate a businessthat serves the public you mustremove physical “barriers” that are“readily achievable,” which means

This booklet focuses on

businesses that provide

goods and services

to the public.

These businesses may be

large or small and can be

for profit or non-profit.

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The awning and awning support overthe walk to the entrance is too close tothe ground and is a barrier to peoplewho are blind or visually impaired.

These parking spaces are too narrowand lack a wide access aisle so peoplewho use wheelchairs cannot get out oftheir vehicle.

Any step at the entrance can stoppeople from visiting your business.

Architectural Barriers

In evaluating what barriers need tobe removed, a business should lookto the ADA Standards for Acces-sible Design as a guide. Thesestandards are part of the ADA TitleIII regulations. Seeking input frompeople with disabilities in yourcommunity can also be an impor-tant and valuable part of thebarrier removal process becausethey can help identify barriers inyour business and offer advice onwhat solutions may work.

When a business removes barriers,it should follow the design require-ments for new construction in theADA Standards for AccessibleDesign (Standards). In some cases,existing conditions, limited re-sources or both will make it not“readily achievable” to followthese Standards fully. If thisoccurs, barrier removal measuresmay deviate from the Standards solong as the measures do not pose asignificant risk to the health orsafety of individuals with disabili-ties or others.

RemovingArchitectural Barriers

When deciding which barriers toremove first, we suggest that youfirst provide access to the businessfrom public sidewalks, parking,and public transportation and thenprovide access to the areas wheregoods and services are madeavailable to the public. Once thesebarriers are removed, you shouldprovide access to public toiletrooms (if toilet rooms are providedfor customer use). When thesebarriers have been removed, it maybe necessary to remove any

Priorities for Barrier Removal

remaining barriers including thosethat limit use of public telephonesand drinking fountains.

The following examples illustratecommon barriers and suggestsolutions that may be readilyachievable. Each business mustdecide on a case-by-case basiswhat constitutes “readily achiev-able” barrier removal for theirbusiness.

Examples of Barrier Removal

Architectural barriers are physicalfeatures that limit or preventpeople with disabilities fromobtaining the goods or servicesthat are offered. They can includeparking spaces that are too narrowto accommodate people who usewheelchairs; a step or steps at theentrance or to part of the sellingspace of a store; round doorknobsor door hardware that is difficultto grasp; aisles that are too narrowfor a person using a wheelchair,electric scooter, or a walker; ahigh counter or narrow checkoutaisles at a cash register, and fixedtables in eating areas that are toolow to accommodate a personusing a wheelchair or that havefixed seats that prevent a personusing a wheelchair from pullingunder the table.

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8'-0" min.

Accessible Parking

When parking is provided for thepublic, designated accessibleparking spaces must be provided,if doing so is readily achievable.An accessible parking space musthave space for the vehicle and anadditional space located either tothe right or to the left of the spacethat serves as an access aisle. Thisaisle is needed to permit a personusing a wheelchair, electricscooter, or other mobility device toget out of their car or van. A signwith the international symbol ofaccessibility must be located infront of the parking space andmounted high enough so it is nothidden by a vehicle parked in thespace.

Accessible parking spaces shouldbe the spaces closest to the acces-sible entrance and be located onlevel ground. If it is not readilyachievable to locate accessibleparking in the closest spaces due tosloped pavement or other existingconditions, then the closest levelarea should be selected. Anaccessible route must be providedbetween the access aisle and theaccessible building entrance. Thisroute must have no steps or steeplysloped surfaces and it must have afirm, stable, slip-resistant surface.

Van accessible spaces must havean access aisle that is at leasteight-feet wide and be designatedby a sign with the internationalsymbol and "van accessible."There should be a vertical clear-ance of at least 98 inches on thevehicular route to the space, at theparking space, and along thevehicular route to an exit.

Provide a parking space that is atleast 8 feet wide. There should be atleast a 98 inch high clearance at theparking space, the adjacent accessaisle and along the vehicular route tothe space and vehicular exit.

Install a sign with the internationalsymbol of accessibility and "vanaccessible" and mount it high enoughso it is not hidden by the vehicleparked in the space.

A Van Accessible Parking Space(1 of 8 of all accessible parking spaces, but at least one, must be van accessible.

Although designated a van accessible space, cars may use the space too.)

Locate parking space and accessaisle so that they are relatively level(1:50 maximum slope in all directionsis recommended if readilyachievable)

Provide an access aisle that is atleast 8 feet wide next to the vanparking space to permit a personusing a wheelchair or scooter to exitor enter a van with a side-mountedlift.

Provide an accessible route to theaccessible entrance(s) to the building- a marked crosswalk may be neededif route crosses vehicular traffic.

.

5

5'-0" min.

Accessible parking spaces for carsmust have an access aisle that is atleast five-feet wide. The otherfeatures are the same as for vans,except that the sign designating theparking space only has an interna-tional symbol of accessibility, andthere is no requirement for aminimum vertical height.

The number of accessible parkingspaces that should be provided isbased on the total number ofparking spaces that you provide.For example, if your parking lothas 25 or fewer spaces, then 1should be an accessible parkingspace. If it has 50 or fewer spaces,it should have 2 accessible parkingspaces.

If you provide only one accessibleparking space, it also must be avan accessible space. In facilitieswhere more than one accessibleparking space is required, one ofeight accessible parking spacesmust be van accessible.

Where parking is provided inseveral locations near buildingentrances, the accessible parkingshould also be dispersed, if doingso is readily achievable. Since vanaccessible parking spaces areprovided in limited numbers, it isoften not possible to disperse thevan accessible parking spaces.

Note: locate accessible parkingspaces as close as possible to theaccessible entrances and on anaccessible route to the building.

Install a sign with the internationalsymbol of accessibility and mount highenough so sign is not hidden by avehicle parked in the space.

Locate parking space and accessaisle on relatively level ground (1:50maximum slope in all directions)

An Accessible Parking Space for Cars

Two parking spaces may share acommon access aisle (van or car).

Install curb ramp where an accessibleroute crosses a curb - note: curb rampdoes not extend into the access aisle.

Note: Accessible parking spaces forcars must have an access aisle that isat least five feet wide.

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Signage provided at an inaccessible entranceprovides direction to another entrance that is accessible

Example of a signthat directs customersto the nearestaccessible entrance

Accessible Entrance in Walnut Street Lobby

Wide landing accommodates turnsneeded to enter or exit the store.

Edge protection preventspeople from rolling overthe edge of the ramp.

A new ramp with edge protection, handrails and a widelanding outside the entrance provide access to this business

Accessible Entrance

Accessible Entrance in Walnut Street Lobby

Providing physical access to afacility from public sidewalks,public transportation, or parking isbasic to making goods and ser-vices available to people withdisabilities. Having only one stepat the entrance can prevent accessby a person using a wheelchair,walker, or cane and can makeentry difficult for many otherpeople with mobility disabilities.

Where one or two steps exist at anentrance, access can be achievedin a variety of ways -- for ex-ample, by using an alternateaccessible entrance, adding a shortramp, modifying the area in frontor to the side of the entrance toeliminate a step, or installing a lift.

When a business has two publicentrances, in most cases, only onemust be accessible. The shopshown in the photo (bottom right)has a street entrance and is alsoserved by an accessible entrancefrom the building lobby at theother side of the store. Using thelobby entrance provides access tothe store. When one entrance isnot accessible and another en-trance is accessible, a sign mustprovide direction to the accessibleentrance. The alternative entrancemust be open during store hours.If the alternative accessibleentrance is not left unlocked dueto security concerns, you mustprovide an accessible way fornotifying staff to open the door,such as a buzzer or bell. If used,the buzzer or call bell must belocated on an accessible route andmounted at an accessible height(generally not more than 48 inchesabove ground).

When a ramp is added to providean accessible entrance, the slope ofthe ramp should be as shallow aspossible but not more than 1:12. Itis also important to providehandrails whenever the slope is

more that 1:20 and the vertical riseis greater than 6 inches (a slope of1:20 means that for every 20 unitsof horizontal length there is oneunit of vertical rise or fall). It isbest to grade the area that is

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New ramp up to new landing

Home delivery, take-out, curbside delivery or other alternate service is re-quired, if readily achievable, when you cannot make an entrance accessible

adjacent to the ramp to avoid anabrupt drop-off. If a drop-offexists, then a barrier such as araised edge or railing must beinstalled. Edge protection is veryimportant because it preventspeople from accidentally rolling offthe edge of the ramp. The rampthat is shown (page 6, top right )uses railings and edge protection.Edge protection could also beprovided by a lower railing in-stalled parallel to the ramp surface.

The photo (upper right) illustratesanother way to modify an entranceto make it accessible. A levellanding area is provided in front ofthe entry door so a person can pullthe door open. The area adjacent tothe landing is graded flush with thelanding so no drop-off existsbetween the landing and the grassarea eliminating the need forrailings. The earth is also gradedflush with the ramp surface toeliminate a drop-off.

A new landing, ramp and lever door handleprovide an accessible entrance to this business

Lever handle added to or in place ofround door knob.

Landing extends 18" minimum beyondthe edge of door and 60" minimum outfrom door.

New landing and ramp eliminates stepat entrance.

Earth is graded up to landing andramp to eliminate drop off.

Ramp slope max. 1:12 and width is36" minimum

level. For example, had thebookstore shown in the photo(page 6, bottom right) not had analternate entrance that was acces-sible, a lift could have beeninstalled. Lifts require periodicmaintenance and must meet safetycodes but are worthwhile consider-ations when a ramp is not feasible.

Another approach to providingaccess at an entrance is to use aplatform or folding lift. Lifts aremechanical devices that can beused to transport a person using awheelchair or scooter up or downseveral feet. A lift may be apreferred solution where littlespace exists for a ramp or when anentrance serves more than one

When it is not readily achievableto provide an accessible entrance,the goods and services must beprovided in some other way, ifdoing so is readily achievable. Forexample, if a restaurant has severalsteps at the entrance and noaccessible entry is possible,providing home delivery or somealternative service may be re-quired. In other cases, it may bepossible to receive an order bytelephone and to have a clerk bringthe order to the customer outsidethe store or business. If alternativeservice is provided, it is importantthat it be publicized so a customerknows how the goods and servicesare offered.

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Doors at Entrances to BusinessesMost entrances to stores andbusinesses use 36 inch wide doorsthat are wide enough to be acces-sible. However, some older doorsare less than 36 inches wide andmay not provide enough width (32inch clear width when fullyopened). Door openings cansometimes be enlarged. It mayalso be possible to use special“swing clear” hinges that provideapproximately 1 1/2 inches moreclearance without replacing thedoor and door frame.

Inaccessible door hardware canalso prevent access to the business.For example, the handle shownbelow requires the user to tightlygrasp the handle to open the door.Many people with mobility dis-abilities and others with a disabilitythat limits grasping, such asarthritis, find this type of handledifficult or impossible to use.

This panel-type handle is not acces-sible because it requires the user totightly grasp the handle to pull thedoor open.

Other types of door hardware, suchas a round door knob (whichrequires tight grasping and twistingto operate) or a handle with athumb latch (see above -- center)are also inaccessible and must bemodified or replaced, if doing so isreadily achievable.

This handle with a thumb latch isnot accessible because one mustgrasp the handle and pinch downon the thumb latch at the sametime.

Changing or adding door hardwareis usually relatively easy andinexpensive. A round doorknobcan be replaced with a lever handleor modified by adding a clamp-onlever. In some cases, a thumblatch can be disabled so the doorcan be pulled open without de-pressing the latch or the hardwaremay be replaced. A flat panel-typepull handle can be replaced with aloop-type handle.

A loop-type handle is also acces-sible because it can be used withoutgrasping, pinching or twisting.

Businesses with narrow revolvingturnstiles located at the entranceexclude people with disabilitiesunless accessible gates or passagesare provided. Standard narrowturnstiles are not usable by wheel-chair users and by most peoplewho walk with crutches, walkers,or canes. Whenever a narrowturnstile is used, an accessibleturnstile, gate or opening must beprovided, if doing so is readilyachievable.

Turnstiles and SecurityGates at Entrances

NOTACCESSIBLE

NOTACCESSIBLE

A lever handle is accessiblebecause it can be operated withouttight grasping, pinching or twisting.

This type of turnstile is not accessibleto most people with disabilities.

9

Removing the turnstile to provide an accessible passageway

32" min.

32" min.

An example of an accessible gate

An accessible gate provided adjacent to a turnstile

32" min.

Eliminating the barrier caused by aturnstile may be accomplished bysimply removing the turnstile andleaving the opening. To assurepassage of people using wheel-chairs, or crutches, the openingmust be at least 32 inches wide. Ifit is not readily achievable toprovide a minimum 32 inch wideopening, then the opening shouldbe as wide as possible. If asecurity gate is required, then theturnstile may be removed andreplaced with an accessible gate, ifreadily achievable. Where abusiness wishes to retain itsstandard turnstile, it may providean accessible gate adjacent to theturnstile.

If an inaccessible turnstile islocated at the entrance to thebusiness and no accessible gate orentry is provided, it must bereplaced or removed or an alterna-tive accessible entrance provided,if doing so is readily achievable.For most businesses, removing oraltering the turnstile is not difficult.For some businesses, providing analternative accessible entrance maybe an acceptable solution if thebusiness has two or more doorsthat could function as entrances.For example, a store that has aninaccessible turnstile at the en-trance but also has an exit door(with no turnstile) located near thecash register may be able to use theexit door as an alternative entrance.It may be readily achievable to addan accessible door handle to theoutside of the exit door, install asign that designates this door as theaccessible entrance, and permitpeople with disabilities to enterthrough the exit door.

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3'-0" minimum width to move betweenshelves, displays and merchandise

Provide a 36" minimum width route between displaysand shelves if readily achievable

Sales staff retrieving items for customer

Staff assist customers by retrievingmerchandise from shelves anddisplays.

Staff should provide information aboutan item by reading labels for peoplewith a visual impairment.

Shelves and Maneuvering Space

Sales items may belocated at any heightbut sales staff should beavailable, on request, toreach items for customers

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

Sales merchandise,displays and other itemscan block access andshould not be placed innarrow aisles. Thesebooks block the 3'-0"accessible route

After ensuring that its entrance isaccessible, a business must con-sider how people with disabilitieswill get to the items that are sold orprovided. When sales items aredisplayed or stored on shelves forselection by customers, the storemust provide an accessible route tofixed shelves and displays, if doingso is readily achievable.

If the maneuvering space adjacentto shelves and displays is toonarrow, the space should bewidened. In general, a 36 inchwide accessible route is neededwith a slightly larger space pro-vided at corners. If a 180 degreeturn is needed to exit an area, thena 60 inch diameter turning space ora 36 inch wide "T" is needed. Thespace for a "T" turn requires atleast 36 inches of width for eachsegment of the T and it must fitwithin a 60 inch by 60 inch area.

Some businesses will have diffi-culty providing enough maneuver-ing space between all displays andshelving without a significantreduction in selling space that maysubstantially affect the profitabilityof the business. This fact can beconsidered in determining if it isreadily achievable to provideaccess to all sales areas. If accessis not provided to all sales areas,then alternative services such ashaving staff available to retrieveitems, must be provided,if doing so is readily achievable.This also applies when merchan-dise is located in areas served onlyby stairs.

It is not necessary to locate allmerchandise within reach ofpeople who use wheelchairs.Items can be placed at any heightbut staff should be available toassist customers who may havedifficulty reaching or viewingitems.

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Sales and Service Counters

Accessible counter is atleast 36" long and nomore than 36" abovethe floor

Provide a 30" by 48"space in front of thesales or service counterto accommodate awheelchair or electricscooter

An accessible sales counter at a cash register

When sales or service counters areprovided, the counters must beaccessible, if doing so is readilyachievable. This access is animportant part of receiving thegoods and services provided by abusiness.

At counters having a cash register,a section of counter at least 36inches long and not more than 36inches above the floor will makethe counter accessible. Thisprovides a lowered surface wheregoods and services and money canbe exchanged. An alternativesolution is to provide an auxiliarycounter nearby.

At sales and service counters, suchas ticketing counters, teller stationsin a bank, registration counters inhotels and motels, and othercounters where goods or servicesare sold or distributed a counterthat is at least 36 inches long andthat is not more than 36 inchesabove the floor will make thecounter accessible. It is alsopossible to provide an auxiliarycounter nearby or to use a foldingshelf or area next to the counter, ifdoing so is readily achievable.

In addition to having a maximumheight of 36 inches, all accessiblesales and service counters musthave a clear floor space in front ofthe accessible surface that permitsa customer using a wheelchair topull alongside. This space is atleast 30 inches by 48 inches andmay be parallel or perpendicular tothe counter. It is also connected tothe accessible route which con-nects to the accessible entranceand other areas in the businesswhere merchandise or services areprovided.

If you cannot provide an accessiblesales or service counter or auxil-iary counter nearby, such as a tableor desk, you may provide a clipboard or lap board for use until amore permanent solution can beimplemented.

Checkout aisles, such as in agrocery store, have differentrequirements. An accessiblecheckout aisle should provide aminimum of a 36-inch-wide accessaisle and it should be identified bya sign with the internationalsymbol of accessibility mountedover the aisle. The counteradjacent to the accessible checkoutaisle has a maximum height of 38inches. If a lip is provided be-tween the counter and the check-out aisle, its maximum height is 40inches.

The number of accessible aislesthat is needed depends on the totalnumber of checkout aisles pro-vided. For example, if one to fouraisles are provided, then at leastone should be accessible. If more

than five to eight aisles are pro-vided, then two accessible aislesare needed. Each type of check-out, including express lanes, musthave an accessible checkout aisle.

The ADA Standards for AccessibleDesign provide detailed informa-tion on the requirements forcheckout aisles and for sales andservice counters.

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Lowered serving counter provides an accessiblespace to select and receive food items

Lowered shelf wasadded to provide anaccessible surface forpreparing coffee

Lowered shelf provided for condiment items

Serving CountersWhere food or drinks are served atcounters and the counter height ismore than 34 inches above thefloor, providing a lowered sectionof the serving counter at least 60inches long and no higher than 34inches will make the counteraccessible. If it is not readilyachievable to make the counteraccessible, a business can serve theitems at nearby accessible tables, ifreadily achievable.

When it is not readily achievable toprovide an accessible counter orbar area or service at accessibletables in the same area, then abusiness should provide service inan alternative manner, if doing so isreadily achievable. This mayinclude offering to assist thecustomer by moving items to anaccessible counter or to their tablein another area.

Self-service restaurants with a foodservice line must provide adequatemaneuvering space for a personusing a wheelchair to approach andmove through the line, if doing sois readily achievable. A minimumwidth of 36 inches should beprovided with a 42 inch widthpreferred, if readily achievable. Ifthe line changes direction, such asa 180 degree turn, an extra wideturning space is needed. Analternative solution, in an existingfacility, is to provide an accessibleroute around the queuing area.

If self-service condiments, uten-sils, or tableware are provided, thenthey should be located no higherthan 54 inches if a side reach ispossible or 48 inches for a forwardreach (see Section 4.2 of the ADAStandards for Accessible Design).If it is not readily achievable toprovide these items in an accessiblelocation, a business can providestaff assistance, if doing so isreadily achievable.

Door under counter canbe opened to providerequired knee clearancewhen customers eat atthe counter

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Fixed Seating and Tables

Accessible seating positionsat a permanently-mounted table

An accessible table has a surfaceheight of no more than 34 inchesand no less than 28 inches abovethe floor. At least 27 inches ofknee clearance must be providedbetween the floor and the under-side of the table. An accessibleroute provides access to eachaccessible table and a clear floorarea 30 inches by 48 inches isprovided at each accessible seatinglocation. This clear floor areaextends 19 inches under the tableto provide leg and knee clearance.

If tables are provided, such as inrestaurants and snack bars, and thetables are attached to the wall orfloor (fixed), then 5% of the tablesor at least one (if less than 20 areprovided) must be accessible, ifdoing so is readily achievable.Accessible seating must beprovided, if doing so is readilyachievable, at each accessibletable to accommodate peopleusing wheelchairs. Movablechairs can be used for these tablesand the movable chairs can beremoved when customers usingwheelchairs use the table(s).

The same requirements apply tofixed tables in outdoor areas suchas picnic areas, playgrounds orpatios.

When fixed seating

or fixed tables

are provided,

accessible seating must be

provided,

if readily achievable

If it is not readily achievable toprovide the minimal number ofaccessible tables in all areas wherefixed tables are provided, then theservices must be provided inanother accessible location, ifdoing so is readily achievable.However, these alternatelocation(s) must be available forall customers and not just peoplewith disabilities. It is illegal tosegregate people with disabilitiesin one area by designating it as anaccessible area to be used only bypeople with disabilities.

Table height 34"maximum, 28" minimum

Knee clearance 27"minimum (from floor tobottom of table surface)

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

Knee clearance extendsat least 19" under thetable

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Policies and ProceduresBusinesses must review theirpolicies and procedures for servingcustomers and change those thatexclude or limit participation bypeople with disabilities. Forexample, if a store has a policy toexclude all animals, the policyshould be changed to permitpeople who use service animals,such as “seeing-eye-dogs" and"hearing-assist-dogs” to enter thestore with their service animals. Astore that has a special accessibleentrance that remains lockedduring business hours will need tochange the policy and keep thedoor unlocked when the store isopen. If security is a problem, anaccessible call box or buzzer(identified by a sign and mountedin an accessible location andheight) should be installed toenable people with disabilities tocall staff to unlock the door. Arestaurant that restricts seating ofpeople with disabilities to one areamust revise the policy to permit therange of choices enjoyed by others.

Customers who have hearing orspeech disabilities may need tocommunicate with sales staffwithout using speech. The methodof communication will varydepending the abilities of thecustomers and on the complexityof the communications that arerequired. For example, somepeople who are deaf are able touse speech but unable to under-stand words spoken by otherswhile other people who are deafare not able to communicate withspeech. People with speech orhearing disabilities may requireextra time to complete theirmessage or extra attention by staffto understand what is being said.When communication by speech isnot possible, simple questions,

Communicatingwith Customers

such as the price of an item, maybe handled with pen and paper byexchanging written notes or amixture of speech and writtennotes. Staff should be aware ofthe need to use notes or bothspeech and communication withpen and paper. It is appropriate toask the customer what is theirpreference for simple communica-tion.

When more complex or lengthycommunications are needed, itmay be necessary to provide asign language interpreter in, forexample, negotiating the purchaseof an automobile or home. Butmost business communicationswith customers involve onlysimple communications that canbe done using pen and paper.

Many people with hearing orspeech disabilities use a telecom-munications device for the deaf(TDD) instead of a standardtelephone. This device has akeyboard for entering messagesand a visual display to view thecontent of a conversation fromanother person using a TDD.

To make it easy for people whouse a TDD to communicate withbusinesses and individuals who donot have a TDD, the ADA estab-lished a free state-by-state relaynetwork nationwide that handlesvoice-to-TDD and TDD-to-voicecalls. Customers who use a TDDto make telephone calls maytelephone your business using arelay network. The relay consistsof an operator with a TDD whotranslates TDD and voice mes-sages. For example, a caller usinga TDD calls the relay operatorwho then calls your business. Thecaller types the message into theTDD and the operator reads themessage to you. You respond bytalking to the operator who thenenters your message into the TDD.

Operators are trained to provide anexact interpretation and to notbecome personally involved in theconversation and are required tomaintain confidentiality.

Calls using a relay take a littlelonger. You may also use the relaynetwork to place a voice call to acustomer who uses a TDD.

Tax Creditsand DeductionsTo assist businesses with comply-ing with the ADA, Section 44 ofthe IRS Code allows a tax creditfor small businesses and Section190 of the IRS Code allows a taxdeduction for all businesses.

The tax credit is available tobusinesses that have total revenuesof $1,000,000 or less in theprevious tax year or 30 or fewerfull-time employees. This creditcan cover 50% of the eligibleaccess expenditures in a year up to$10,250 (maximum credit of$5000). The tax credit can beused to offset the cost of undertak-ing barrier removal and alterationsto improve accessibility; providingaccessible formats such as Braille,large print and audio tape; makingavailable a sign language inter-preter or a reader for customers oremployees, and for purchasingcertain adaptive equipment.

The tax deduction is available toall businesses with a maximumdeduction of $15,000 per year.The tax deduction can be claimedfor expenses incurred in barrierremoval and alterations.

To learn more about the tax creditand tax deduction provisions,contact the DOJ ADA InformationLine (see Information Sources forthe numbers).

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New Constructionand Alterations

ADA InformationSources

Department of JusticeADA Information LineThe ADA Information Lineprovides information and technicalassistance on the ADA Standardsfor Accessible Design and otherADA provisions applying tobusinesses, non-profit serviceagencies and state and localgovernment programs. Informa-tion Specialists are available toanswer general and technicalquestions during business hours onweekdays. The Information Linealso provides 24 hour automatedservice for ordering ADA materi-als and an automated fax backsystem that delivers technicalassistance materials to fax ma-chines or fax modems.

800-514-0301 (voice)800-514-0383 (TDD)

Internetwww.usdoj.gov/crt/ada/adahom1.htm

Electronic Bulletin Board202-514-6193

Disability and BusinessTechnical Assistance Centers(DBTACs)

The ten regional centers arefunded by the Department ofEducation to provide technicalassistance on the ADA. One toll-free number connects to the centerin your region.

800-949-4232 (voice & TDD)

Access Board

Offers technical assistance on theADA Accessibility Guidelines.

800-872-2253 (voice)800-993-2822 (TDD)

Internetwww.access-board.gov

The ADA requires that newlyconstructed facilities, first occu-pied on or after January 26, 1993,meet or exceed the minimumrequirements of the ADA Stan-dards for Accessible Design(Standards). Alterations tofacilities, spaces or elements(including renovations) made onor after January 26, 1992, alsomust comply with the Standards.If you build a new facility ormodify your existing one, (forexample, work such as restripingthe parking area, replacing theentry door or renovating the salescounter), make sure to consult theStandards and the title III regula-tions for the specific requirements.Renovations or modifications areconsidered to be alterations whenthey affect the usability of theelement or space. For example,installing a new display counter,moving walls in a sales area,replacing fixtures, carpet orflooring, and replacing an entrydoor. However, simple mainte-nance, such as repainting a wall isnot considered an alteration by theADA.

Many communities also have Stateor local accessibility codesenforced by local building inspec-tors. When a local accessibilitycode exists, you must follow boththe code and the ADA require-ments.

Equal EmploymentOpportunity Commission(EEOC)The EEOC offers technical assis-tance on the ADA provisions foremployment which apply tobusinesses with 15 or moreemployees.

Employment questions800-669-4000 (voice)800-669-6820 (TDD)

Employment documents800-669-3362 (voice)800-800-3302 (TDD)

Local Libraries

Technical assistance materialsincluding the title III regulationsthat apply to businesses have beendistributed to 15,000 librariesnationwide. This collection, isknown as the ADA InformationFile. Contact your local orregional library to find if it has theADA Information File and whereit is located. You may also contactthe regional DBTAC (800-949-4232) to obtain the name of a locallibrary that has the ADA Informa-tion File.

Small BusinessInformation Source

Small BusinessAdministration

800-827-5722 (voice/relay)(800-U ASK SBA)

Internetwww.sba.gov