Gcsv2011 the ada and section 504-ada-smallbusprimer2010

U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Americans with Disabilities Act

ADA Update:
A Primer for Small Business

TABLE OF CONTENTS

New Customers ................................................................................................... 1
Who is Covered by the ADA? ............................................................................ 1
Compliance Dates ............................................................................................... 2

GENERAL NONDISCRIMINATION REQUIREMENTS

Policies and Procedures .................................................................................... 3
Service Animals .................................................................................................. 4
Wheelchairs and Other Power-Driven Mobility Devices .................................. 5
Communicating with Customers ....................................................................... 6

MAKING THE BUILT ENVIRONMENT ACCESSIBLE

Existing Facilities ................................................................................................ 9
Element-by-Element Safe Harbor ...................................................................... 9
Readily Achievable Barrier Removal ............................................................... 10
Barrier Removal Before March 15, 2012 .............................................. 11
Priorities for Barrier Removal .............................................................. 11
Parking ................................................................................................... 12
Accessible Entrances ........................................................................... 14
Accessible Route to Goods and Services........................................... 14
Shelves, Sales and Service Counters, and Check-Out Aisles .......... 15
Food and Restaurant Services ............................................................. 16
New Construction and Alterations .................................................................. 17
Alterations .............................................................................................. 17
2010 ADA Standards Basics ............................................................................ 18

STEPS FOR SUCCESS

Assessing Your Facility .................................................................................... 19
Staff Training ..................................................................................................... 19
Tax Credit and Deduction ................................................................................. 19

ADA INFORMATION RESOURCES .............................................................................. 20

The Department of Justice has revised its regulations implementing the Americans with
Disabilities Act (ADA). This rule takes effect on March 15, 2011, clarifies issues that have
arisen over the past 20 years, and contains new requirements, including the 2010 Standards for
Accessible Design (2010 Standards). This document provides guidance to assist small
business owners in understanding how this new regulation applies to them.

New Customers

More than 50 million Americans—18% of our population—have disabilities, and each is a
potential customer. People with disabilities are living more independently and participating
more actively in their communities. They and their families want to patronize businesses that
welcome customers with disabilities. In addition, approximately 71.5 million baby boomers will
be over age 65 by the year 2030 and will be demanding products, services, and environments
that meet their age-related physical needs. Studies show that once people with disabilities find
a business where they can shop or get services in an accessible manner, they become repeat
customers.

People with disabilities have too often been excluded from everyday activities: shopping at a
corner store, going to a neighborhood restaurant or movie with family and friends, or using the
swimming pool at a hotel on the family vacation. The ADA is a Federal civil rights law that
prohibits discrimination against people with disabilities and opens doors for full participation in
all aspects of everyday life. This publication provides general guidance to help business owners
understand how to comply with the Department’s revised ADA regulations and the 2010
Standards, its design standards for accessible buildings. The ADA applies to both the built
environment and to policies and procedures that affect how a business provides goods and
services to its customers. Using this guidance, a small business owner or manager can ensure
that it will not unintentionally exclude people with disabilities and will know when it needs to
remove barriers in its existing facilities. If you are planning to build a new facility or alter an
existing one, please see page 17 for specific guidance on these types of projects. Businesses
should consult the revised ADA regulations (www.ada.gov/regs2010/ADAregs2010.htm) and the
2010 Standards (www.ada.gov/2010ADAstandards_index.htm) for more comprehensive
information about specific requirements.

Who is Covered by the ADA?

Businesses that provide goods or services to the public are called “public accommodations” in
the ADA. The ADA establishes requirements for 12 categories of public accommodations,
which include stores, restaurants, bars, service establishments, theaters, hotels, recreational
facilities, private museums and schools, doctors’ and dentists’ offices, shopping malls, and other
businesses. Nearly all types of businesses that serve the public are included in the 12
categories, regardless of the size of the business or the age of their buildings. Businesses
covered by the ADA are required to modify their business policies and procedures when
necessary to serve customers with disabilities and take steps to communicate effectively with
customers with disabilities. The ADA also requires businesses to remove architectural barriers
in existing buildings and make sure that newly built or altered facilities are constructed to be
accessible to individuals with disabilities. “Grandfather provisions” often found in local building
codes do not exempt businesses from their obligations under the ADA.

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Commercial facilities, such as office buildings, factories, warehouses, or other facilities that do
not provide goods or services directly to the public are only subject to the ADA’s requirements
for new construction and alterations.

Compliance Dates

Businesses need to know two important deadlines for compliance. Starting March 15, 2011,
businesses must comply with the ADA’s general nondiscrimination requirements, including
provisions related to policies and procedures and effective communication. The deadline for
complying with the 2010 Standards, which detail the technical rules for building accessibility, is
March 15, 2012. This delay in implementation was provided to allow businesses sufficient time
to plan for implementing the new requirements for facilities. In addition, hotels, motels, and inns
have until March 15, 2012, to update their reservation policies and systems to make them fully
accessible to people with disabilities.

Compliance Dates

March 15, 2011 General Non-Discrimination Requirements

March 15, 2012 Hotel Reservation Policies

March 15, 2012 2010 Standards

For additional details, see ADA 2010 Revised Requirements: Effective Date/ Compliance Date
at www.ada.gov/revised_effective_dates-2010.htm.

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GENERAL NONDISCRIMINATION REQUIREMENTS

Policies and Procedures

Your business, like all others, has formal and informal policies, practices, and procedures that
keep it running smoothly. However, sometimes your policies or procedures can inadvertently
make it difficult or impossible for a customer with a disability to access your goods and services.
That is why the ADA requires businesses to make “reasonable modifications” to their usual
ways of doing things when serving people with disabilities. Most modifications involve only
minor adjustments in policies. For example, a day care center that has two scheduled snack
times must modify this policy to allow a child with diabetes to bring food for an extra snack if
necessary. A clothing store must modify a policy of permitting only one person at a time in a
dressing room for a person with a disability who is shopping with a companion and needs the
companion’s assistance to try on clothes. Anything that would result in a “fundamental
alteration” —a change in the essential nature of your business—is not required. For example, a
clothing store is not required to provide dressing assistance for a customer with a disability if
this is not a service provided to other customers.

Allowing a second person in a dressing
room is one way to modify policies.

Customers with disabilities may need different types of assistance to access your goods and
services. For example, a grocery store clerk is expected to assist a customer using a mobility
device by retrieving merchandise from high shelves. A person who is blind may need
assistance maneuvering through a store’s aisles. A customer with an intellectual disability may
need assistance in reading product labels and instructions. Usually the customer will tell you up
front if he or she needs assistance, although some customers may wait to be asked “may I help
you?” When only one staff person is on duty, it may or may not be possible for him or her to
assist a customer with a disability. The business owner or manager should advise the staff
person to assess whether he or she can provide the assistance that is needed without
jeopardizing the safe operation of the business.

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Retrieving out of reach items and describing items for sale
are ways to provide assistance to customers with disabilities.

Service Animals

Often businesses such as stores, restaurants, hotels, or theaters have policies that can exclude
people with disabilities. For example, a “no pets” policy may result in staff excluding people with
disabilities who use dogs as service animals. A clear policy permitting service animals can help
ensure that staff are aware of their obligation to allow access to customers using service
animals. Under the ADA’s revised regulations, the definition of “service animal” is limited to a
dog that is individually trained to do work or perform tasks for an individual with a disability. The
task(s) performed by the dog must be directly related to the person’s disability. For example,
many people who are blind or have low vision use dogs to guide and assist them with
orientation. Many individuals who are deaf use dogs to alert them to sounds. People with
mobility disabilities often use dogs to pull their wheelchairs or retrieve items. People with
epilepsy may use a dog to warn them of an imminent seizure, and individuals with psychiatric
disabilities may use a dog to remind them to take medication. Service members returning from
war with new disabilities are increasingly using service animals to assist them with activities of
daily living as they reenter civilian life. Under the ADA, “comfort,” “therapy,” or “emotional
support” animals do not meet the definition of a service animal.

Service animals provide many types
of assistance for people with disabilities.

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Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices
interfere with the service animal’s work or the individual’s disability prevents him from using
these devices. Individuals who cannot use such devices must maintain control of the animal
through voice, signal, or other effective controls. Businesses may exclude service animals only
if 1) the dog is out of control and the handler cannot or does not regain control; or 2) the dog is
not housebroken. If a service animal is excluded, the individual must be allowed to enter the
business without the service animal.

In situations where it is not apparent that the dog is a service animal, a business may ask only
two questions: 1) is the animal required because of a disability and 2) what work or task has the
animal been trained to perform? No other inquiries about an individual’s disability or the dog are
permitted. Businesses cannot require proof of certification or medical documentation as a
condition for entry

Wheelchairs and Other Power-Driven Mobility Devices

People with mobility, circulatory, or respiratory disabilities use a variety of devices for mobility.
Some use walkers, canes, crutches, or braces while others use manually-operated or power
wheelchairs, all of which are primarily designed for use by people with disabilities. Businesses
must allow people with disabilities to use these devices in all areas where customers are
allowed to go.

Devices categorized as wheelchairs must be permitted.

Advances in technology have given rise to new power-driven devices that are not necessarily
designed for people with disabilities, but are being used by some people with disabilities for
mobility. The term “other power-driven mobility devices” is used in the revised ADA regulations
to refer to any mobility device powered by batteries, fuel, or other engines, whether or not they
are designed primarily for use by individuals with mobility disabilities for the purpose of
locomotion. Such devices include Segways®, golf cars, and other devices designed to operate
in non-pedestrian areas. Public accommodations must allow individuals who use these devices
to enter their premises unless the business can demonstrate that the particular type of device
cannot be accommodated because of legitimate safety requirements. Such safety requirements
must be based on actual risks, not on speculation or stereotypes about a particular class of
devices or how they will be operated by individuals using them.

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Businesses must consider these factors in determining whether reasonable modifications can
be made to admit other power-driven mobility devices to their premises:

 The type, size, weight, dimensions, and speed of the device;

 The business’s volume of pedestrian traffic (which may vary at different times of the day,
week, month, or year);

 The business’s design and operational characteristics, such as its square footage,
whether it is indoors or outdoors, its placement of stationery equipment or devices or
furniture, and whether it has storage space for the device if requested by the customer;

 Whether legitimate safety standards can be established to permit the safe operation of
the device; and

 Whether the use of the device creates a substantial risk of serious harm to the
environment or natural or cultural resources or poses a conflict with Federal land
management laws and regulations.

Using these assessment factors, a business may decide that it can allow devices like Segways®
in its facilities, but cannot allow the use of golf cars in the same facility. It is likely that many
businesses will allow the use of Segways® generally, although some may decide to exclude
them during their busiest hours or on particular shopping days when pedestrian traffic is
particularly dense. Businesses are encouraged to develop written policies specifying when
other power-driven mobility devices will be permitted on their premises and to communicate
those policies to the public.

Businesses may ask individuals using an other power-driven mobility device for a credible
assurance that the device is required because of a disability. An assurance may include, but
does not require, a valid State disability parking placard or other Federal or State-issued proof
of disability. A verbal assurance from the individual with a disability that is not contradicted by
your observation is also considered a credible assurance. It is not permissible to ask individuals
about their disabilities.

Communicating with Customers

Communicating successfully with customers is an essential part of doing business. When
dealing with customers who are blind or have low vision, those who are deaf or hard of hearing,
or those who have speech disabilities, many business owners and employees are not sure what
to do. The ADA requires businesses to take steps necessary to communicate effectively with
customers with vision, hearing, and speech disabilities.

Because the nature of communications differs from business to business, the rules allow for
flexibility in determining effective communication solutions. What is required to communicate
effectively when discussing a mortgage application at a bank or buying an automobile at a car
dealership will likely be very different from what is required to communicate effectively in a
convenience store. The goal is to find practical solutions for communicating effectively with your
customers. For example, if a person who is deaf is looking for a particular book at a bookstore,
exchanging written notes with a sales clerk may be effective. Similarly, if that person is going to
his or her doctor’s office for a flu shot, exchanging written notes would most likely be effective.
However, if the visit’s purpose is to discuss cancer treatment options, effective communication

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would likely require a sign language or oral interpreter because of the nature, length, and
complexity of the conversation. Providing an interpreter guarantees that both parties will
understand what is being said. The revised regulations permit the use of new technologies
including video remote interpreting (VRI), a service that allows businesses that have video
conference equipment to access an interpreter at another location.

Exchange of written notes may be appropriate
for casual interactions.

It is a business’s responsibility to provide a sign language, oral interpreter, or VRI service unless
doing so in a particular situation would result in an undue burden, which means significant
difficulty or expense. A business’s overall resources determine (rather than a comparison to the
fees paid by the customer needing the interpreter) what constitutes an undue burden. If a
specific communications method would be an undue burden, a business must provide an
effective alternative if there is one.

Complex transactions will likely require more formal means
of communication, such as a sign language interpreter.

Many individuals who are deaf or have other hearing or speech disabilities use either a text
telephone (TTY) or text messaging instead of a standard telephone. The ADA established a
free telephone relay network to enable these individuals to communicate with businesses and

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vice versa. When a person who uses such a device calls the relay service by dialing 7-1-1, a
communications assistant calls the business and voices the caller’s typed message and then
types the business’s response to the caller. Staff who answer the telephone must accept and
treat relay calls just like other calls. The communications assistant will explain how the system
works if necessary.

Businesses must answer calls placed
through the telephone relay service.

The rules are also flexible for communicating effectively with customers who are blind or have
low vision. For example, a restaurant can put its menu on an audio cassette or a waiter can
read it to a patron. A sales clerk can find items and read their labels. In more complex
transactions where a significant amount of printed information is involved, providing alternate
formats will be necessary, unless doing so is an undue burden. For example, when a client who
is blind visits his real estate agent to negotiate the sale of a house, all relevant documents
should be provided in a format he can use, such as on a computer disk or audio cassette. It
may be effective to e-mail an electronic version of the documents so the client can use his or
her screen-reading technology to read them before making a decision or signing a contract. In
this situation, since complex financial information is involved, simply reading the documents to
the client will most likely not be effective. Usually a customer will tell you which format he or she
needs. If not, it is appropriate to ask.

Reading a menu to a customer who is blind
is one way to provide effective communication.

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MAKING THE BUILT ENVIRONMENT ACCESSIBLE

People with disabilities continue to face architectural barriers that limit or make it impossible to
access the goods or services offered by businesses. Examples include a parking space with no
access aisle to allow deployment of a van’s wheelchair lift, steps at a facility’s entrance or within
its serving or selling space, aisles too narrow to accommodate mobility devices, counters that
are too high, or restrooms that are simply too small to use with a mobility device.

The ADA strikes a careful balance between increasing access for people with disabilities and
recognizing the financial constraints many small businesses face. Its flexible requirements
allow businesses confronted with limited financial resources to improve accessibility without
excessive expense.

The ADA’s regulations and the ADA Standards for Accessible Design, originally published in
1991, set the standard for what makes a facility accessible. While the updated 2010 Standards
retain many of the original provisions in the 1991 Standards, they do contain some significant
differences. These standards are the key for determining if a small business’s facilities are
accessible under the ADA. However, they are used differently depending on whether a small
business is altering an existing building, building a brand new facility, or removing architectural
barriers that have existed for years.

Existing Facilities

Element-by-Element Safe Harbor

If your business facility was built or altered in the past 20 years in compliance with the 1991
Standards, or you removed barriers to specific elements in compliance with those Standards,
you do not have to make further modifications to those elements—even if the new standards
have different requirements for them—to comply with the 2010 Standards. This provision is
applied on an element-by-element basis and is referred to as the “safe harbor.” The following
examples illustrate how the safe harbor applies:

The 2010 Standards lower the mounting height for light switches and thermostats from
54 inches to 48 inches. If your light switches are already installed at 54 inches in
compliance with the 1991 Standards, you are not required to lower them to 48 inches.

The 1991 Standards require one van accessible space for every eight accessible
spaces. The 2010 Standards require one van accessible space for every six accessible
spaces. If you have complied with the 1991 Standards, you are not required to add
additional van accessible spaces to meet the 2010 Standards.

The 2010 Standards contain new requirements for the input, numeric, and function keys
(e.g. “enter,” “clear,” and “correct”) on automatic teller machine (ATM) keypads. If an
existing ATM complies with the 1991 Standards, no further modifications are required to
the keypad.

If a business chooses to alter elements that were in compliance with the 1991 Standards, the
safe harbor no longer applies to those elements. For example, if you restripe your parking lot,
which is considered an alteration, you will now have to meet the ratio of van accessible spaces

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in the 2010 Standards. Similarly, if you relocate a fixed ATM, which is considered an alteration,
you will now have to meet the keypad requirements in the 2010 Standards. The ADA’s
definition of an alteration is discussed later in this publication.

The revised ADA rules and the 2010 Standards contain new requirements for elements in
existing facilities that were not addressed in the original 1991 Standards. These include
recreation facilities such as swimming pools, play areas, exercise machines, miniature golf
facilities, and bowling alleys. Because these elements were not included in the 1991 Standards,
they are not subject to the safe harbor. Therefore, on or after March 15, 2012, public
accommodations must remove architectural barriers to elements subject to the new
requirements in the 2010 Standards when it is readily achievable to do so. For example, a hotel
must determine whether it is readily achievable to make its swimming pool accessible to people
with mobility disabilities by installing a lift or a ramp as specified in the 2010 Standards.

New Requirements in the 2010 Standards
Not Subject to the Safe Harbor

• Amusement rides • Swimming pools, wading pools, and
• Recreational boating facilities spas
• Exercise machines and • Shooting facilities with firing positions
equipment • Residential facilities and dwelling units
• Fishing piers and platforms • Miscellaneous
• Golf facilities –Team or player seating
• Miniature golf facilities – Accessible route to bowling lanes
• Play areas – Accessible route in court sports
• Saunas and steam rooms facilities

Readily Achievable Barrier Removal

The ADA requires that small businesses remove architectural barriers in existing facilities when
it is “readily achievable” to do so. Readily achievable means “easily accomplishable without
much difficulty or expense.” This requirement is based on the size and resources of a business.
So, businesses with more resources are expected to remove more barriers than businesses
with fewer resources.

Readily achievable barrier removal may include providing an accessible route from a parking lot
to the business’s entrance, installing an entrance ramp, widening a doorway, installing
accessible door hardware, repositioning shelves, or moving tables, chairs, display racks,
vending machines, or other furniture. When removing barriers, businesses are required to
comply with the Standards to the extent possible. For example, where there is not enough
space to install a ramp with a slope that complies with the Standards, a business may install a
ramp with a slightly steeper slope. However, any deviation from the Standards must not pose a
significant safety risk.

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Removing barriers, such as a step to an entrance, is required when readily achievable.

Determining what is readily achievable will vary from business to business and sometimes from
one year to the next. Changing economic conditions can be taken into consideration in
determining what is readily achievable. Economic downturns may force many public
accommodations to postpone removing some barriers. The barrier removal obligation is a
continuing one and it is expected that a business will move forward with its barrier removal
efforts when it rebounds from such downturns. For example, if a restaurant identified barriers
under the 1991 Standards but did not remove them because it could not afford the cost, the
restaurant has a continuing obligation to remove these barriers when it has the financial
resources to do so.

Barrier Removal Before March 15, 2012

Businesses removing barriers before March 15, 2012, have the choice of using either the 1991
Standards or the 2010 Standards. You must use only one standard for removing barriers in an
entire facility. For example, you cannot choose the 1991 Standards for accessible routes and
the 2010 Standards for restrooms. (See, ADA 2010 Revised Requirements: Effective Date/
Compliance Date at www.ada.gov/revised_effective_dates-2010.htm). Remember that if an
element complies with the 1991 Standards, a business is not required to make any changes to
that element until such time as the business decides to alter that element.

Compliance Dates and Applicable Standards for
Readily Achievable Barrier Removal, New Construction, and Alterations

Compliance Date Applicable Standard
Until March 15, 2012 1991 Standards or 2010 Standards
On or After March 15, 2012 2010 Standards

Priorities for Barrier Removal

Understanding how customers arrive at and move through your business will go a long way in
identifying existing barriers and setting priorities for their removal. Do people arrive on foot, by
car, or by public transportation? Do you provide parking? How do customers enter and move
about your business? The ADA regulations recommend the following priorities for barrier
removal:

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 Providing access to your business from public sidewalks, parking areas, and public
transportation;

 Providing access to the goods and services your business offers;

 Providing access to public restrooms; and

 Removing barriers to other amenities offered to the public, such as drinking fountains.

Businesses should not wait until March 15, 2012 to identify existing barriers, but should begin
now to evaluate their facilities and develop priorities for removing barriers. Businesses are also
encouraged to consult with people with disabilities in their communities to identify barriers and
establish priorities for removing them. A thorough evaluation and barrier removal plan,
developed in consultation with the disability community, can save time and resources.

In some instances, especially in older buildings, it may not be readily achievable to remove
some architectural barriers. For example, a restaurant with several steps leading to its entrance
may determine that it cannot afford to install a ramp or a lift. In this situation, the restaurant
must provide its services in another way if that is readily achievable, such as providing takeout
service. Businesses should train staff on these alternatives and publicize them so customers
with disabilities will know of their availability and how to access them.

When barrier removal is not possible, alternatives
such as curbside service should be provided.

Parking

If your business provides parking for the public, but there are no accessible spaces, you will
lose potential customers. You must provide accessible parking spaces for cars and vans if it is
readily achievable to do so. The chart below indicates the number of accessible spaces
required by the 2010 Standards. One of every six spaces must be van accessible.

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Total Number of Parking Spaces Minimum Number of Required
Provided in Parking Facility Accessible Parking Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
20, plus 1 for each 100, or fraction
1001 and over
thereof, over 1000

Small businesses with very limited parking (four or fewer spaces) must have one accessible
parking space. However, no signage is required.

An accessible parking space must have an access aisle, which allows a person using a
wheelchair or other mobility device to get in and out of the car or van.

An overview of accessible parking requirements.

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Accessible Entrances

One small step at an entrance can make it impossible for individuals using wheelchairs,
walkers, canes, or other mobility devices to do business with you. Removing this barrier may be
accomplished in a number of ways, such as installing a ramp or a lift or regrading the walkway
to provide an accessible route. If the main entrance cannot be made accessible, an alternate
accessible entrance can be used. If you have several entrances and only one is accessible, a
sign should be posted at the inaccessible entrances directing individuals to the accessible
entrance. This entrance must be open whenever other public entrances are open.

Ensuring that items do not block the
accessible route allows independent access.

Accessible Route to Goods and Services

The path a person with a disability takes to enter and move through your business is called an
“accessible route.” This route, which must be at least three feet wide, must remain accessible
and not be blocked by items such as vending or ice machines, newspaper dispensers, furniture,
filing cabinets, display racks, or potted plants. Similarly, accessible toilet stalls, dressing rooms,
or counters at a cash register must not be cluttered with merchandise or supplies.

An accessible route allows customers using
mobility devices to access items for sale.

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Temporary access interruptions for maintenance, repair, or operational activities are permitted,
but must be remedied as soon as possible and may not extend beyond a reasonable period of
time. Businesses must be prepared to retrieve merchandise for customers during these
interruptions. For example, if an aisle is temporarily blocked because shelves are being
restocked, staff must be available to assist a customer with a disability who is unable to
maneuver through that aisle. In addition, if an accessible feature such as an elevator breaks
down, businesses must ensure that repairs are made promptly and that improper or inadequate
maintenance does not cause repeated failures. Businesses must also ensure that no new
barriers are created that impede access by customers with disabilities. For example, routinely
storing a garbage bin or piling snow in accessible parking spaces makes them unusable and
inaccessible to customers with mobility disabilities.

Snow or other debris in accessible parking spaces and
access aisles must be removed as soon as possible.

Shelves, Sales and Service Counters, and Check-Out Aisles

The obligation to remove barriers also applies to merchandise shelves, sales and service
counters, and check-out aisles. Shelves and counters must be on an accessible route with
enough space to allow customers using mobility devices to access merchandise. However,
shelves may be of any height since they are not subject to the ADA’s reach range requirements.
Where barriers prevent access to these areas, they must be removed if readily achievable.
However, businesses are not required to take any steps that would result in a significant loss of
selling space. At least one check-out aisle must be usable by people with mobility disabilities,
though more are required in larger stores. When it is not readily achievable to make a sales or
service counter accessible, businesses should provide a folding shelf or a nearby accessible
counter. If these changes are not readily achievable, businesses may provide a clip board or
lap board until more permanent changes can be made.

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A lowered counter and clear floor space are critical
components of an accessible service counter.

Food and Restaurant Services

People with disabilities need to access tables, food service lines, and condiment and beverage
bars in restaurants, bars, or other establishments where food or drinks are sold. There must be
an accessible route to all dining areas, including raised or sunken dining areas and outdoor
dining areas, as well as to food service lines, service counters, and public restrooms. In a
dining area, remember to arrange tables far enough apart so a person using a wheelchair can
maneuver between the tables when patrons are sitting at them. Some accessible tables must
be provided and must be dispersed throughout the dining area rather than clustered in a single
location.

Restaurants must provide access to self-service items.

Where barriers prevent access to a raised, sunken, or outdoor dining area, they must be
removed if readily achievable. If it is not readily achievable to construct an accessible route to
these areas and distinct services (e.g., special menu items or different prices) are available in
these areas, the restaurant must make these services available at the same price in the dining
areas that are on an accessible route. In restaurants or bars with only standing tables, some
accessible dining tables must be provided.

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New Construction and Alterations

The ADA requires that all new facilities built by public accommodations, including small
businesses, must be accessible to and usable by people with disabilities. The 2010 Standards
lay out accessibility design requirements for newly constructed and altered public
accommodations and commercial facilities. Certain dates in the construction process determine
which ADA standards—the 1991 Standards or the 2010 Standards—must be used.

If the last or final building permit application for a new construction or alterations project is
certified before March 15, 2012, businesses may comply with either the 1991 or the 2010
Standards. In jurisdictions where certification of permit applications is not required, businesses
can also choose between the 1991 or 2010 Standards if their jurisdiction receives their permit
application by March 15, 2012. Businesses should refer to their local permitting process.
Where no permits are required, businesses may comply with either the 1991 or 2010 Standards
if physical construction starts before March 15, 2012. Start of physical construction or
alterations does not mean the date of ceremonial groundbreaking or the day demolition of an
existing structure commences. In this situation, if physical construction starts after March 15,
2012, the small business must use the 2010 Standards.

Alterations

When a small business undertakes an alteration to any of its facilities, it must, to the maximum
extent feasible, make the alteration accessible. An alteration is defined as remodeling,
renovating, rehabilitating, reconstructing, changing or rearranging structural parts or elements,
changing or rearranging plan configuration of walls and full-height partitions, or making other
changes that affect (or could affect) the usability of the facility.

Examples include restriping a parking lot, moving walls, moving a fixed ATM to another location,
installing a new sales counter or display shelves, changing a doorway entrance, replacing
fixtures, flooring or carpeting. Normal maintenance, such as reroofing, painting, or
wallpapering, is not an alteration.

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2010 ADA Standards Basics

Chapter 1: Application and Administration
Contains important introductory and interpretive information, including definitions for
key terms used in the 2010 Standards.

Chapter 2: Scoping
Sets forth what elements and how many of them must be accessible. Scoping covers
newly constructed facilities and altered portions of existing facilities.

Note: The 2010 Standards do not address barrier removal. The revised regulations,
however, require that barrier removal must comply with the 2010 Standards to the
extent it is readily achievable.

Chapters 3 – 10: Design and Technical Requirements
Provides design and technical specifications for elements, spaces, buildings, and
facilities.

Common Provisions for Small Business

Accessible Route
Section 206 and Chapter 4

Parking Spaces
Sections 208 and 502 specifically address parking spaces. The provisions regarding
accessible route (section 206 and chapter 4), signs (section 216), and, where
applicable, valet parking (section 209) also apply.

Passenger Loading Zones
Sections 209 and 503

Sales and Service
Sections 227 and 904 specifically cover sales and service areas, such as check-out
aisles and sales and service counters. Section 226.1, exempts sales and service
counters from the technical requirements of 902 (dining surfaces and work surfaces).

Dining Surfaces
Sections 226 and 902 specifically address fixed dining surfaces. The provisions
regarding accessible routes in section 206.2.5 (Restaurants and Cafeterias) and
226.2 (Dispersion) also apply to dining surfaces.

Dressing, Fitting, and Locker Rooms
Sections 222 and 803 cover dressing, fitting, and locker rooms. The provisions on
doors in sections 206.5 and 404 usually apply.

18

STEPS FOR SUCCESS

Being proactive is the best way to ensure ADA compliance. Evaluate access at your facility,
train your staff on the ADA’s requirements, think about the ADA when planning an alteration or
construction of a new facility, and, most importantly, use the free information resources
available whenever you have a question.

Assessing Your Facility

The revised ADA regulations give businesses 18 months (until March 15, 2012) before they
must comply with the 2010 Standards. The purpose of this phase-in period is to provide
businesses sufficient time to plan and comply. Businesses are strongly encouraged to assess
their facilities now to determine what architectural barriers exist. Until March 15, 2012, you have
the choice of using the 1991 Standards or the 2010 Standards to remove architectural barriers,
alter, or construct a new facility. Businesses that use the 1991 Standards during this phase-in
period can take advantage of the safe harbor provision. Beginning March 15, 2012, only the
2010 Standards can be used.

Staff Training

A critical and often overlooked component of ensuring success is comprehensive and ongoing
staff training. You may have established good policies, but if front line staff are not aware of
them or do not know how to implement them, problems can arise. Businesses of all sizes
should educate staff about the ADA’s requirements. Staff need to understand the requirements
on modifying policies and practices, communicating with and assisting customers, and
accepting calls placed through the relay system. Many local disability organizations, including
Centers for Independent Living, conduct ADA trainings in their communities. The Department of
Justice or the ADA National Network can provide local contact information for these
organizations.

Tax Credit and Deduction

To assist small businesses to comply with the ADA, the Internal Revenue Service (IRS) Code
includes a Disabled Access Credit (Section 44) for businesses with 30 or fewer full-time
employees or with total revenues of $1 million or less in the previous tax year. Eligible
expenses may include the cost of undertaking barrier removal and alterations to improve
accessibility, providing sign-language interpreters, or making material available in accessible
formats such as Braille, audiotape, or large print.

Section 190 of the IRS Code provides a tax deduction for businesses of all sizes for costs
incurred in removing architectural barriers in existing facilities or alterations. The maximum
deduction is $15,000 per year.

19

ADA INFORMATION RESOURCES

U.S. Department of Justice

For more information about the revised ADA regulations and the 2010 Standards, please visit
the Department of Justice’s website or call our toll-free number.

ADA Website

www.ADA.gov

ADA Information Line

800-514-0301 (Voice)

800-514-0383 (TTY)

24 hours a day to order publications by mail.
M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time) to speak to an ADA
Specialist. All calls are confidential.

“Reaching Out to Customers with Disabilities” explains the ADA’s requirements for businesses
in a short 10-lesson online course (www.ada.gov/reachingout/intro1.htm).

ADA National Network (DBTAC)

Ten regional centers are funded by the U.S. Department of Education to provide ADA technical
assistance to businesses, States and localities, and persons with disabilities. One toll-free
number connects you to the center in your region:

800-949-4232 (Voice and TTY)

www.adata.org

Access Board

For technical assistance on the ADA/ABA Guidelines:

800-872-2253 (Voice)

800-993-2822 (TTY)

Internal Revenue Service

For information on the Disabled Access Tax Credit (Form 8826) and the Section 190 tax
deduction (Publication 535 “Business Expenses”):

800-829-3676 (Voice) or 800-829-4059 (TTY)

www.irs.gov

20

This publication is available in alternate formats for persons with disabilities.

This document has been developed for small businesses in accordance with the Small Business
Regulatory Enforcement Flexibility Act of 1996.

Duplication of this document is encouraged. March 2011

21

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