Just how accessible is your small business? An overview of the ADA for business owners

1. Just how accessible is your small business?An overview of the ADA for business owners Presented by J. Aaron McCullough Staff member of the Disability Law Resource Project

3. What is the ADA? • Civil rights law protecting people with disabilities from discrimination in: • Employment • Access to state and local governmental programs and services • Access to places of public accommodation (private businesses and non-profits open to the public) • Access to telecommunications

4. Public Accommodations & ADA • Title III governs Public Accommodations • Essentially, a public accommodation is any business or commercial facility open to the public • These include: retail shopping centers, professional offices, recreational facilities, service facilities (i.e. laundries), private schools, & much more … • Churches and private clubs are largely exempt

5. Essentially what does the ADA require of small businesses? • That your new & alteredfacilities that are open to the public meet minimal ADA Accessibility guidelines • That you eliminate architectural and communication barriers in existing facilities to the extent that is readily achievable (over time), or find alternative ways to deliver the same goods and services • That the goods and services available through your business be accessible to people with disabilities • That you maintain accessible features • Effectively communicate with customers or clients with disabilities

6. New facilities and the ADAAG? • Considered “NEW” if designed & constructed for first occupancy after 1/26/1993 • Alterations made after 1/26/1992 must comply with ADAAG • Additions to existing facilities also have requirements under the ADAAG

7. Existing buildings & basic access • Even unaltered existing buildings open to the public have some minimal requirements under the ADA • No such thing as a “grandfather clause” in the ADA • Even designated historical buildings that contain businesses have some requirements

8. Basic Accessibility: Four Priorities • Accessible approach & entrance • Access to goods & services • Access to restrooms • Any other measures necessary to promote access

9. Accessible approach & entrance • Can a person with a disability park, approach, and enter your business? • What barriers may prevent that access? • What are your obligations?

10. Can a person with a disability park, approach, and enter your business? • Is there a route of travel that does not require stairs? • Is that route stable, firm, & slip resistant? • Is route at least 36” wide & free from protruding objects blocking path?

11. Can a person with a disability park, approach, and enter your business? • If ramps are required to approach or enter your business are they: • No steeper than 1:12 slope? • At least 36” wide between railings or curbs • Non-slip? • Is there a landing (flat space) at top & bottom of the ramp?

12. Entrance & Ramp solutions • Even the most difficult entrance access barriers may be fixed with some ingenuity. • Where there is a stepped entrance to an older building, why not build a ramp integrated into the flow of traffic on the sidewalk?

13. Can a person with a disability park, approach, and enter your business? • Have you designated proper accessible parking?: • Proper number of spaces (see checklist)? • At least one accessible space, even in small lots? • Is space marked, does it have a visible sign, is it without steep cross-slope, and is the access aisle clearly marked? • Are van accessible spaces marked? • Are the spaces near an accessible entrance, and on a accessible path to that entrance?

14. Common parking space errors:

15. Common parking space errors:

16. Can a person with a disability park, approach, and enter your business? • Are all entrances accessible? • If not, are there signs from he inaccessible entrance indicating where customer can enter?

17. Can a person with a disability park, approach, and enter your business? • Are exterior doors free from barriers? • When opened at 90 degree angle, do entry doors provide for a minimum 32” clear opening ?

18. Can a person with a disability park, approach, and enter your business? • Is door hardware operable with a “closed fist,” or without grasping or turning? • Is the threshold no more than ¼” high, or if beveled ¾”?

19. Doors • Is there at least 18” of clear wall space on the latch or “pull side” of the door, next to the handle? • People who use mobility aids like wheelchairs tend to approach and enter differently than ambulatory people.

20. Doors • Can the entrance door be opened without too much force? • If there is a door closer installed, does it take at least 3 seconds to close?

21. Access to goods & services • Are circulation routes, or aisles free from barriers? • Do display racks allow for turning space for people who use wheelchairs (60” or “T-shaped”)?

22. Service and sales counters • Is there a portion of the sales counter no more than 36” tall? • Is the approach clear? • In this photo, the accessible portion of the counter has been blocked, and an additional register added.

23. Signs • Do permanent rooms have conforming signs? • Mounted 60” to centerline off floor? • Mounted on latch side of door? • As close as possible to door? • With Braille and raised characters?

24. Usability of restrooms • Is the path to the restrooms clear from barriers? • Are all restrooms accessible, or is there signage to direct people to accessible restrooms? • Do restroom doors provide 32” clear opening? • Is the door hardware accessible?

25. Usability of restrooms • In single user restrooms, or accessible stalls, is there adequate turning space (60”)? • Is there adequate approach space at fixtures (30” X 48” floor space)? • Are faucet controls, and soap and towel dispensers within reach? (see checklist)

26. Additional access

27. Tax Credits for Businesses For Providing Access or Reasonable Accommodations

28. Disabled Access Tax CreditSection 44 of the Internal Revenue Code • For Small Businesses • A business that had revenues of $1,000,000 or less for the previous tax year; or had 30 or fewer full-time workers

29. …Tax Credit • Covers “eligible access expenditures” • Removal of architectural barriers on existing facilities or vehicles (alterations must comply with ADA standard) • NOT for new construction • Purchase of adaptive equipment • Provision of readers for customers or employees with visual impairments • Provision of sign language interpreters • Consultants

30. …Tax Credit • Maximum credit = $5,000 • Credit = 50% of the eligible access expenditures in a year, up to $10,250 • There is no credit for the first $250 of expenditures

31. Architectural and Transportation Barrier Removal DeductionSection 190 of the Internal Revenue Code • For businesses of any size • Covers the removal of architectural or transportation barriers (renovations must comply with ADA standards) • Maximum deduction = $15,000 per year

32. Notes on Tax Credit & Deduction • A small business may use both the credit and deduction $20,000 cost of access improvements - $ 5,000 maximum credit __________________________ $15,000 remaining for deduction

33. … Notes on TaxCredit & Deduction • Tax credit and deduction may be used annually • You may not carry over expenses from one year to the next • You may carry forward the unused portion of the credit to the following year if the amount of credit you are entitled to exceeds the amount of taxes you owe

34. Disability Law Resource Project • 1/800-949-4232 • 713-520-0232 • dlrp@ilru.org • www.dlrp.org • 2323 S. Shepherd; Suite 1000 • Houston, TX 70019