ADA Guide for Small Business

U.S. Small Business Administration U.S. Department of Justice
Office of Entrepreneurial Development Civil Rights Division

Americans with Disabilities Act
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 businesses to understand and comply with the Americans With Disabilities Act.

Reproduction
Reproduction of this document is
encouraged.

Disclaimer
The ADA authorizes the Depart-
ment of Justice to provide techni-
cal assistance to individuals and
entities that have rights or respon-
sibilities under the Act. This
document provides informal
guidance to assist you in under-
standing the ADA and the
Department's regulation. How-
ever, this technical assistance does
not constitute a legal interpretation
of the statute.

SBA Authorization #99-2111-26

i fourth printing, June 1999

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

ii

Introduction
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, refer-
ences to key sections of the regula-
tions or other information are
included.

The Americans with Disabilities Act
The Americans with Disabilities Answers to your questions about
Act (ADA) is a Federal civil rights the ADA are a phone call away.
law that prohibits the exclusion of The Department of Justice oper-
people with disabilities from ates a toll-free ADA Information
To get answers to questions everyday activities, such as buying Line (800- 514-0301 voice and
an item at the store, watching a 800-514-0383 TDD). In addition,
about the ADA or movie in a theater, enjoying a meal tax credits and deductions were
at a local restaurant, exercising at established that can be used
to learn more about the law the local health club or having the annually to offset many costs of
call the car serviced at a local garage. To providing access to people with
meet the goals of the ADA, the law disabilities.
Department of Justice established requirements for
private businesses of all sizes. In recognition that many small
ADA Information Line, These requirements first went into businesses can not afford to make
effect on January 26, 1992, and significant physical changes to
toll-free continue for both for-profit and their stores or places of business to
(1-800-514-0301 voice and non-profit organizations. provide accessibility to wheelchair
users and other people with
1-800-514-0383 TDD). For small businesses, compliance disabilities, the ADA has require-
with the ADA is not difficult. To ments for existing facilities built
help businesses with their compli- before 1993 that are less strict than
ance efforts, Congress established for ones built after early 1993 or
a technical assistance program to modified after early 1992.
answer questions about the ADA.
1

Private Businesses that Serve the Public: Public Accommodations
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, includ-
ing stores and shops, restaurants
and bars, service establishments,
theaters, hotels, recreation facili-
ties, private museums and schools
and others. Nearly all types of
private businesses that serve the
public are included in the catego-
ries, regardless of size.

If you own, operate, lease, or lease
to a business that serves the public,
then, you are covered by the ADA Existing Facilities
and have obligations for existing
facilities as well as for compliance Many business facilities were built
when a facility is altered or a new without features that accommodate
facility is constructed. Existing people with disabilities, including
facilities are not exempted by people who use wheelchairs. This
"grandfather provisions" that are lack of accessibility makes it
often used by building code impossible for many people with
officials. 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 activi-
ties in their communities, they
need to have access to the goods easily accomplishable without
and services provided by busi- much difficulty or expense. The
nesses. “readily achievable” requirement is
This booklet focuses on based on the size and resources of
While it is not possible for many the business. So larger businesses
businesses that provide businesses, especially small with more resources are expected
businesses, to make their facilities to take a more active role in
goods and services fully accessible, there is much that removing barriers than small
to the public. can be done without much diffi- businesses. The ADA also recog-
culty or expense to improve nizes that economic conditions
accessibility. Therefore, the ADA vary. When a business has re-
requires that accessibility be sources to remove barriers, it is
improved without taking on expected to do so; but when profits
These businesses may be excessive expenses that could are down, barrier removal may be
harm the business. reduced or delayed. Barrier
large or small and can be removal is an ongoing obligation --
for profit or non-profit. If you own or operate a business you are expected to remove
that serves the public you must barriers in the future as resources
remove physical “barriers” that are become available.
“readily achievable,” which means

2

Architectural Barriers
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 These parking spaces are too narrow
to grasp; aisles that are too narrow and lack a wide access aisle so people
for a person using a wheelchair, who use wheelchairs cannot get out of
electric scooter, or a walker; a their vehicle.
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.
Removing
Architectural Barriers
In evaluating what barriers need to Any step at the entrance can stop
be removed, a business should look people from visiting your business.
to the ADA Standards for Acces-
sible Design as a guide. These
standards are part of the ADA Title
III regulations. Seeking input from
people with disabilities in your
The awning and awning support over
community can also be an impor-
the walk to the entrance is too close to
tant and valuable part of the
the ground and is a barrier to people
barrier removal process because
who are blind or visually impaired.
they can help identify barriers in
your business and offer advice on
what solutions may work.

When a business removes barriers,
Priorities for Barrier Removal
it should follow the design require- When deciding which barriers to remaining barriers including those
ments for new construction in the remove first, we suggest that you that limit use of public telephones
ADA Standards for Accessible first provide access to the business and drinking fountains.
Design (Standards). In some cases, from public sidewalks, parking,
existing conditions, limited re- and public transportation and then
Examples of Barrier Removal
sources or both will make it not provide access to the areas where
“readily achievable” to follow goods and services are made The following examples illustrate
these Standards fully. If this available to the public. Once these common barriers and suggest
occurs, barrier removal measures barriers are removed, you should solutions that may be readily
may deviate from the Standards so provide access to public toilet achievable. Each business must
long as the measures do not pose a rooms (if toilet rooms are provided decide on a case-by-case basis
significant risk to the health or for customer use). When these what constitutes “readily achiev-
safety of individuals with disabili- barriers have been removed, it may able” barrier removal for their
ties or others. be necessary to remove any business.

3

Accessible Parking
When parking is provided for the
public, designated accessible
parking spaces must be provided, Provide a parking space that is at
if doing so is readily achievable. least 8 feet wide. There should be at
An accessible parking space must least a 98 inch high clearance at the
have space for the vehicle and an parking space, the adjacent access
aisle and along the vehicular route to
additional space located either to
the space and vehicular exit.
the right or to the left of the space
that serves as an access aisle. This Install a sign with the international
aisle is needed to permit a person symbol of accessibility and "van
using a wheelchair, electric accessible" and mount it high enough
scooter, or other mobility device to so it is not hidden by the vehicle
get out of their car or van. A sign parked in the space.
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 acces-
sible 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
8'-0" min.
between the access aisle and the
accessible building entrance. This
route must have no steps or steeply
sloped surfaces and it must have a Locate parking space and access
firm, stable, slip-resistant surface. aisle so that they are relatively level
(1:50 maximum slope in all directions
Van accessible spaces must have is recommended if readily
achievable)
an access aisle that is at least
eight-feet wide and be designated Provide an access aisle that is at
by a sign with the international least 8 feet wide next to the van
symbol and "van accessible." parking space to permit a person
There should be a vertical clear- using a wheelchair or scooter to exit
ance of at least 98 inches on the or enter a van with a side-mounted
vehicular route to the space, at the lift.
parking space, and along the
vehicular route to an exit. Provide an accessible route to the
accessible entrance(s) to the building
- a marked crosswalk may be needed
if route crosses vehicular traffic.

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.)

4

Accessible parking spaces for cars
Note: locate accessible parking must have an access aisle that is at
spaces as close as possible to the least five-feet wide. The other
accessible entrances and on an features are the same as for vans,
accessible route to the building.
except that the sign designating the
Install a sign with the international
parking space only has an interna-
symbol of accessibility and mount high tional symbol of accessibility, and
enough so sign is not hidden by a there is no requirement for a
vehicle parked in the space. minimum vertical height.

The number of accessible parking
Locate parking space and access spaces that should be provided is
aisle on relatively level ground (1:50 based on the total number of
maximum slope in all directions)
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
5'-0" min.
several locations near building
entrances, the accessible parking
should also be dispersed, if doing
Two parking spaces may share a so is readily achievable. Since van
common access aisle (van or car). accessible parking spaces are
provided in limited numbers, it is
Install curb ramp where an accessible often not possible to disperse the
route crosses a curb - note: curb ramp
does not extend into the access aisle.
van accessible parking spaces.

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

An Accessible Parking Space for Cars

5

Accessible Entrance
Providing physical access to a
facility from public sidewalks,
public transportation, or parking is
basic to making goods and ser-
vices 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 ex-
ample, by using an alternate
accessible entrance, adding a short Edge protection prevents Wide landing accommodates turns
ramp, modifying the area in front people from rolling over needed to enter or exit the store.
or to the side of the entrance to the edge of the ramp.
eliminate a step, or installing a lift.
A new ramp with edge protection, handrails and a wide
When a business has two public landing outside the entrance provide access to this business
entrances, in most cases, only one
must be accessible. The shop
shown in the photo (bottom right) When a ramp is added to provide more that 1:20 and the vertical rise
has a street entrance and is also an accessible entrance, the slope of is greater than 6 inches (a slope of
served by an accessible entrance the ramp should be as shallow as 1:20 means that for every 20 units
from the building lobby at the possible but not more than 1:12. It of horizontal length there is one
other side of the store. Using the is also important to provide unit of vertical rise or fall). It is
lobby entrance provides access to handrails whenever the slope is best to grade the area that is
the store. When one entrance is
not accessible and another en-
trance is accessible, a sign must
provide direction to the accessible Example of a sign
entrance. The alternative entrance that directs customers Accessible Entrance in
must be open during store hours. to the nearest Walnut Street Lobby
If the alternative accessible accessible entrance
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 Accessible Entrance in
Walnut Street Lobby

above ground).

Signage provided at an inaccessible entrance
provides direction to another entrance that is accessible
6

adjacent to the ramp to avoid an Lever handle added to or in place of
abrupt drop-off. If a drop-off round door knob.
exists, then a barrier such as a
raised edge or railing must be
Landing extends 18" minimum beyond
installed. Edge protection is very
the edge of door and 60" minimum out
important because it prevents
from door.
people from accidentally rolling off
the edge of the ramp. The ramp
that is shown (page 6, top right ) New landing and ramp eliminates step
uses railings and edge protection. at entrance.
Edge protection could also be
provided by a lower railing in- Earth is graded up to landing and
stalled parallel to the ramp surface. ramp to eliminate drop off.
New ramp up to
new landing
The photo (upper right) illustrates Ramp slope max. 1:12 and width is
another way to modify an entrance 36" minimum
to make it accessible. A level
A new landing, ramp and lever door handle
landing area is provided in front of
the entry door so a person can pull provide an accessible entrance to this business
the door open. The area adjacent to
the landing is graded flush with the
landing so no drop-off exists Another approach to providing level. For example, had the
between the landing and the grass access at an entrance is to use a bookstore shown in the photo
area eliminating the need for platform or folding lift. Lifts are (page 6, bottom right) not had an
railings. The earth is also graded mechanical devices that can be alternate entrance that was acces-
flush with the ramp surface to used to transport a person using a sible, a lift could have been
eliminate a drop-off. wheelchair or scooter up or down installed. Lifts require periodic
several feet. A lift may be a maintenance and must meet safety
preferred solution where little codes but are worthwhile consider-
space exists for a ramp or when an ations when a ramp is not feasible.
entrance serves more than one

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 re-
quired. 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.

Home delivery, take-out, curbside delivery or other alternate service is re-
quired, if readily achievable, when you cannot make an entrance accessible
7

Doors at Entrances to Businesses
Most entrances to stores and
businesses use 36 inch wide doors
that are wide enough to be acces-
sible. However, some older doors NOT
are less than 36 inches wide and ACCESSIBLE
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 A loop-type handle is also acces-
grasp the handle to open the door. sible because it can be used without
This handle with a thumb latch is
Many people with mobility dis- grasping, pinching or twisting.
not accessible because one must
abilities and others with a disability
grasp the handle and pinch down
that limits grasping, such as
on the thumb latch at the same
arthritis, find this type of handle
difficult or impossible to use. time.
Turnstiles and Security
Gates at Entrances
Changing or adding door hardware
is usually relatively easy and Businesses with narrow revolving
NOT inexpensive. A round doorknob turnstiles located at the entrance
ACCESSIBLE can be replaced with a lever handle exclude people with disabilities
or modified by adding a clamp-on unless accessible gates or passages
lever. In some cases, a thumb are provided. Standard narrow
latch can be disabled so the door turnstiles are not usable by wheel-
can be pulled open without de- chair users and by most people
pressing the latch or the hardware who walk with crutches, walkers,
may be replaced. A flat panel-type or canes. Whenever a narrow
pull handle can be replaced with a turnstile is used, an accessible
loop-type handle. turnstile, gate or opening must be
provided, if doing so is readily
achievable.

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

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 A lever handle is accessible This type of turnstile is not accessible
modified or replaced, if doing so is because it can be operated without to most people with disabilities.
readily achievable. tight grasping, pinching or twisting.

8

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 alterna-
tive 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 32" min.
inaccessible turnstile at the en-
trance but also has an exit door
(with no turnstile) located near the Removing the turnstile to provide an accessible passageway
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 32" min.
simply removing the turnstile and
leaving the opening. To assure
passage of people using wheel- An example of an accessible gate
chairs, 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.

32" min.

An accessible gate provided adjacent to a turnstile 9

Shelves and Maneuvering Space
After ensuring that its entrance is
accessible, a business must con-
sider how people with disabilities Sales items may be
will get to the items that are sold or located at any height
provided. When sales items are but sales staff should be
displayed or stored on shelves for available, on request, to
selection by customers, the store reach items for customers
must provide an accessible route to
fixed shelves and displays, if doing
so is readily achievable.

If the maneuvering space adjacent Provide at least a 3' by 3'
to shelves and displays is too turning space at a corner
narrow, the space should be for a 90 degree turn.
widened. In general, a 36 inch
wide accessible route is needed
with a slightly larger space pro-
vided 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
Sales merchandise,
space for a "T" turn requires at
displays and other items
least 36 inches of width for each
segment of the T and it must fit can block access and
within a 60 inch by 60 inch area. should not be placed in
narrow aisles. These
Some businesses will have diffi- books block the 3'-0"
culty providing enough maneuver- accessible route
ing 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 3'-0" minimum width to move between
considered in determining if it is shelves, displays and merchandise
readily achievable to provide
access to all sales areas. If access Provide a 36" minimum width route between displays
is not provided to all sales areas, and shelves if readily achievable
then alternative services such as
having staff available to retrieve
items, must be provided,
if doing so is readily achievable. Staff assist customers by retrieving
This also applies when merchan- merchandise from shelves and
dise is located in areas served only displays.
by stairs.

It is not necessary to locate all
merchandise within reach of Staff should provide information about
people who use wheelchairs. an item by reading labels for people
Items can be placed at any height with a visual impairment.
but staff should be available to
assist customers who may have
difficulty reaching or viewing
items.

10 Sales staff retrieving items for customer

Sales and Service Counters
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.
Accessible counter is at
At counters having a cash register,
least 36" long and no
a section of counter at least 36
more than 36" above
inches long and not more than 36
the floor
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 Provide a 30" by 48"
solution is to provide an auxiliary space in front of the
counter nearby. sales or service counter
to accommodate a
At sales and service counters, such wheelchair or electric
as ticketing counters, teller stations scooter
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 36 inches long and
that is not more than 36 inches
above the floor will make the
counter accessible. It is also
possible to provide an auxiliary An accessible sales counter at a cash register
counter nearby or to use a folding
shelf or area next to the counter, if
doing so is readily achievable.

In addition to having a maximum Checkout aisles, such as in a than five to eight aisles are pro-
height of 36 inches, all accessible grocery store, have different vided, then two accessible aisles
sales and service counters must requirements. An accessible are needed. Each type of check-
have a clear floor space in front of checkout aisle should provide a out, including express lanes, must
the accessible surface that permits minimum of a 36-inch-wide access have an accessible checkout aisle.
a customer using a wheelchair to aisle and it should be identified by
pull alongside. This space is at a sign with the international The ADA Standards for Accessible
least 30 inches by 48 inches and symbol of accessibility mounted Design provide detailed informa-
may be parallel or perpendicular to over the aisle. The counter tion on the requirements for
the counter. It is also connected to adjacent to the accessible checkout checkout aisles and for sales and
the accessible route which con- aisle has a maximum height of 38 service counters.
nects to the accessible entrance inches. If a lip is provided be-
and other areas in the business tween the counter and the check-
where merchandise or services are out aisle, its maximum height is 40
provided. inches.

If you cannot provide an accessible The number of accessible aisles
sales or service counter or auxil- that is needed depends on the total
iary counter nearby, such as a table number of checkout aisles pro-
or desk, you may provide a clip vided. For example, if one to four
board or lap board for use until a aisles are provided, then at least
more permanent solution can be one should be accessible. If more
implemented. 11

Serving Counters
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 Door under counter can
bar area or service at accessible be opened to provide
tables in the same area, then a required knee clearance
business should provide service in when customers eat at
an alternative manner, if doing so is the counter
readily achievable. This may
include offering to assist the
customer by moving items to an
accessible counter or to their table
in another area.

Self-service restaurants with a food
service line must provide adequate
maneuvering space for a person
using a wheelchair to approach and
Lowered serving counter provides an accessible
move through the line, if doing so
space to select and receive food items
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, uten-
sils, or tableware are provided, then
they should be located no higher
than 54 inches if a side reach is Lowered shelf was
possible or 48 inches for a forward added to provide an
reach (see Section 4.2 of the ADA accessible surface for
Standards for Accessible Design). preparing coffee
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 provided for condiment items
12

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) must be accessible, if
doing so is readily achievable. Table height 34"
Accessible seating must be maximum, 28" minimum
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 Knee clearance 27"
removed when customers using
minimum (from floor to
wheelchairs use the table(s).
bottom of table surface)
The same requirements apply to
fixed tables in outdoor areas such
as picnic areas, playgrounds or
patios. Clear floor area of 30"
by 48" needed at each
seating area

Knee clearance extends
at least 19" under the
table

Accessible seating positions
at a permanently-mounted table

An accessible table has a surface If it is not readily achievable to
When fixed seating height of no more than 34 inches provide the minimal number of
and no less than 28 inches above accessible tables in all areas where
or fixed tables the floor. At least 27 inches of fixed tables are provided, then the
knee clearance must be provided services must be provided in
are provided, between the floor and the under- another accessible location, if
accessible seating must be side of the table. An accessible doing so is readily achievable.
route provides access to each However, these alternate
provided, accessible table and a clear floor location(s) must be available for
area 30 inches by 48 inches is all customers and not just people
if readily achievable provided at each accessible seating with disabilities. It is illegal to
location. This clear floor area segregate people with disabilities
extends 19 inches under the table in one area by designating it as an
to provide leg and knee clearance. accessible area to be used only by
people with disabilities.

13

Policies and Procedures
Businesses must review their such as the price of an item, may Operators are trained to provide an
policies and procedures for serving be handled with pen and paper by exact interpretation and to not
customers and change those that exchanging written notes or a become personally involved in the
exclude or limit participation by mixture of speech and written conversation and are required to
people with disabilities. For notes. Staff should be aware of maintain confidentiality.
example, if a store has a policy to the need to use notes or both
exclude all animals, the policy speech and communication with Calls using a relay take a little
should be changed to permit pen and paper. It is appropriate to longer. You may also use the relay
people who use service animals, ask the customer what is their network to place a voice call to a
such as “seeing-eye-dogs" and preference for simple communica- customer who uses a TDD.
"hearing-assist-dogs” to enter the tion.
store with their service animals. A Tax Credits
store that has a special accessible When more complex or lengthy
entrance that remains locked communications are needed, it
and Deductions
during business hours will need to may be necessary to provide a To assist businesses with comply-
change the policy and keep the sign language interpreter in, for ing with the ADA, Section 44 of
door unlocked when the store is example, negotiating the purchase the IRS Code allows a tax credit
open. If security is a problem, an of an automobile or home. But for small businesses and Section
accessible call box or buzzer most business communications 190 of the IRS Code allows a tax
(identified by a sign and mounted with customers involve only deduction for all businesses.
in an accessible location and simple communications that can
height) should be installed to be done using pen and paper. The tax credit is available to
enable people with disabilities to businesses that have total revenues
call staff to unlock the door. A Many people with hearing or of $1,000,000 or less in the
restaurant that restricts seating of speech disabilities use a telecom- previous tax year or 30 or fewer
people with disabilities to one area munications device for the deaf full-time employees. This credit
must revise the policy to permit the (TDD) instead of a standard can cover 50% of the eligible
range of choices enjoyed by others. telephone. This device has a access expenditures in a year up to
keyboard for entering messages $10,250 (maximum credit of
and a visual display to view the $5000). The tax credit can be
Communicating content of a conversation from used to offset the cost of undertak-
another person using a TDD. ing barrier removal and alterations
with Customers to improve accessibility; providing
Customers who have hearing or To make it easy for people who accessible formats such as Braille,
speech disabilities may need to use a TDD to communicate with large print and audio tape; making
communicate with sales staff businesses and individuals who do available a sign language inter-
without using speech. The method not have a TDD, the ADA estab- preter or a reader for customers or
of communication will vary lished a free state-by-state relay employees, and for purchasing
depending the abilities of the network nationwide that handles certain adaptive equipment.
customers and on the complexity voice-to-TDD and TDD-to-voice
of the communications that are calls. Customers who use a TDD The tax deduction is available to
required. For example, some to make telephone calls may all businesses with a maximum
people who are deaf are able to telephone your business using a deduction of $15,000 per year.
use speech but unable to under- relay network. The relay consists The tax deduction can be claimed
stand words spoken by others of an operator with a TDD who for expenses incurred in barrier
while other people who are deaf translates TDD and voice mes- removal and alterations.
are not able to communicate with sages. For example, a caller using
speech. People with speech or a TDD calls the relay operator To learn more about the tax credit
hearing disabilities may require who then calls your business. The and tax deduction provisions,
extra time to complete their caller types the message into the contact the DOJ ADA Information
message or extra attention by staff TDD and the operator reads the Line (see Information Sources for
to understand what is being said. message to you. You respond by the numbers).
When communication by speech is talking to the operator who then
not possible, simple questions, enters your message into the TDD.

14

New Construction ADA Information
and Alterations Sources

The ADA requires that newly Department of Justice Equal Employment
constructed facilities, first occu- ADA Information Line Opportunity Commission
pied on or after January 26, 1993, The ADA Information Line (EEOC)
meet or exceed the minimum provides information and technical The EEOC offers technical assis-
requirements of the ADA Stan- assistance on the ADA Standards tance on the ADA provisions for
dards for Accessible Design for Accessible Design and other employment which apply to
(Standards). Alterations to ADA provisions applying to businesses with 15 or more
facilities, spaces or elements businesses, non-profit service employees.
(including renovations) made on agencies and state and local
or after January 26, 1992, also government programs. Informa- Employment questions
must comply with the Standards. tion Specialists are available to 800-669-4000 (voice)
If you build a new facility or answer general and technical 800-669-6820 (TTY)
modify your existing one, (for questions during business hours on
example, work such as restriping weekdays. The Information Line Employment documents
the parking area, replacing the also provides 24 hour automated 800-669-3362 (voice)
entry door or renovating the sales service for ordering ADA materi- 800-800-3302 (TTY)
counter), make sure to consult the als and an automated fax back
Standards and the title III regula- system that delivers technical Small Business
tions for the specific requirements. assistance materials to fax ma- Information Source
Renovations or modifications are chines or fax modems.
considered to be alterations when
they affect the usability of the 800-514-0301 (voice) Small Business
element or space. For example, 800-514-0383 (TTY) Administration
installing a new display counter,
moving walls in a sales area, Internet 800-827-5722 (voice/relay)
replacing fixtures, carpet or www.ada.gov (800-U ASK SBA)
flooring, and replacing an entry
door. However, simple mainte- Disability and Business Internet
nance, such as repainting a wall is Technical Assistance Centers www.sba.gov
not considered an alteration by the (DBTACs)
ADA.
The ten regional centers are
Many communities also have State funded by the Department of
or local accessibility codes Education to provide technical
enforced by local building inspec- assistance on the ADA. One toll-
tors. When a local accessibility free number connects to the center
code exists, you must follow both in your region.
the code and the ADA require-
ments. 800-949-4232 (voice & TTY)

Access Board

Offers technical assistance on the
ADA Accessibility Guidelines.

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

Internet
www.access-board.gov

15

ADA Guide for Small Business

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