How To Make Your Business ADA Compliant?

An ada primer to finally get it right

Reducing your risk & exposure

A Perfect ADA Score......... Is it ever possible?

You will find barriers to access in any property, even new ones. It’s not always possible to be 100 percent compliant eg. a sloping site. Old buildings, in particular, may find that it is not “READILY ACHIEVABLE” to remove a barrier to access. Business owners, however, should make every attempt to be “ADA PROACTIVE”, by getting an ADA/CASp survey of your business & REDUCING RISK. What may seem an “INSIGNIFICANT” VIOLATION, eg. a paper towel dispenser at the improper height, could result in a $1,000 penalty, plus attorney’s fees.

ADA SCORE CARD

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mistakes businesses make

10 Most Common ADA Violations

Signage
missing, outdated or incorrect signage. Directional signs/symbols, missing or not visible.
Parking
insufficient number of designated accessible spaces, improper slope, incorrect dimensions, wrong striping,
Accessible Routes
missing signage, improper slope, hazardous conditions along route
Curb Ramps
improper slope
Pedestrian Ramps
missing handrails, unleveled landings, inaccessible ramps
Bathrooms
incorrect dimensions for eg. wheelchair clearance, or fixtures too high to reach
Fixed Seating
lack of access for disabled patrons
Stairs
open risers, uneven treads, missing striping, missing handrails or at incorrect height
Doors
inadequate strike clearance, excessive opening force required
Access Goods & Support
Surface heights and space requirements for counters, tables, bars, or seating are not compliant.

Quick ADA Fix ADA Signage & Accessories

US Access Board ADA Accessibility Animations

Accessible Bathing Facilities

Maneuvering at Doors

Sales & Service Counters

Signs

Protruding Objects

Parking & Passenger Loading

Wheelchair Maneuvering

Toilet Rooms

Knowledge is power

Know Before you Go... Defining some ADA Stuff

What's an "UNDUE HARDSHIP" under the ADA?

“Undue hardship refers not only to FINANCIAL DIFFICULTY, but to reasonable accommodations that are Unduly Extensive, substantial, or disruptive, or those that would Fundamentally Alter the nature or operation of the business.Financial Difficulty”

What is “READILY ACHIEVABLE" barrier removal”

Removal of barriers, “easily accomplishable and able to be carried out without much DIFFICULTY or EXPENSE”. If you or your CASp determine that an accessibility improvement is not readily achievable, you should retain any documentation that supports this, together with your CASp inspection report.

VALUATION THRESHOLD for ADA Improvements to Existing Buildings

Existing Title III buildings in California, must follow CBC guidelines. If the building you are altering already provides certain items, eg primary access to bathrooms, then providing “ACCESSIBLE” bathrooms must be part of your project scope. Adding additional ADA improvements to small alteration projects might be financially unfeasible. For this reason, the CBC section sets limits. (usually 20% of total cost must be assigned to making these items accessible).

PRIORITIES for BARRIER REMOVAL

Understanding how customers arrive at and navigate through your business will help you identify existing barriers and set priorities for their removal.

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

TAX CREDIT & 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.

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