Disclaimer
The ADA authorizes the Department
of Justice to provide technical assistance to individuals and entities
that have rights or responsibilities under the Act. This document provides
informal guidance to assist you in understanding the ADA and the Department's
regulation. However, this technical assistance does not constitute a
legal interpretation of the statute.
(page 1) Introduction
ADA-TA, a series of technical assistance (TA) updates from the
Disability Rights Section of the Civil Rights Division of the Department
of Justice, provides practical information on how to comply with the
Americans with Disabilities Act (ADA). Each ADA-TA highlights specific
topics of interest to business owners and managers, State and local
government officials, architects, engineers, contractors, product designers
and manufacturers, and all others who seek a better understanding of
accessible design and the ADA. The goal of the series is to clarify
potential misunderstandings about the requirements of the ADA, and to
highlight its flexible, common sense approach to accessibility.
Each ADA-TA has two standard features: Common Questions and Design
Details. Common Questions answers questions that have been brought to
our attention through complaints, compliance reviews, calls to our information
line, or letters from the public. Design Details provides supplemental
information and illustrations of specific design requirements.
ADA-TA complements the Department's ADA documents, including
the regulations issued under titles II and III of the ADA and the Department's
technical assistance manuals. ADA-TA is not a legal interpretation of
the ADA. Instead it provides practical solutions on how to comply with
the ADA while avoiding costly and common mistakes.
Obtaining additional ADA
information may be as easy as a trip to your local library. The Department
of Justice has sent an ADA Information File containing 70 technical
assistance documents to 15,000 libraries across the country. Most libraries
maintain this file at the reference desk.
To order copies of the Department's
regulations, technical assistance manuals and other publications, or
obtain answers to specific questions, CALL: (800) 514-0301 (voice) (800)
514-0383 (TDD).
The Department's ADA publications
are also available electronically, including ADA regulations and technical
assistance materials, through the Internet or by calling the Department's
electronic bulletin board (BBS). Materials can be accessed on the World
Wide Web at http://www.usdoj.gov/crt/ada/adahom1.htm or by using The
materials can be also downloaded from the Department of Justice ADA-BBS
by dialing (202) 514-6193. You can also reach this BBS through the Internet
using the telenet fedworld gateway (telenet fedworld.gov). At the main
menu, choose "U" (Utilities/Files/Mail), then choose "D"
(gateway system) followed by "D" (connect to gov't sys/database)
and then #9 ADA-BBS (DOJ).
(page 2) Common Questions
Illustration: three
lavatories in a public toilet room. One lavatory has been made accessible.
Title: Selected Examples
of Barrier Removal
notes for illustration:
Replacing round faucet handles with lever handles
Repositioning the paper towel dispenser
Installing a full-length bathroom mirror or lowering lavatory mirror
Modifying the front of the counter at the accessible lavatory to provide
wheelchair access
Insulating lavatory pipes under sinks to prevent burns
(page 3) Common Questions
Common Questions: Readily Achievable Barrier Removal
The ADA requires companies
providing goods and services to the public to take certain limited steps
to improve access to existing places of business. This mandate includes
the obligation to remove barriers from existing buildings when it is
readily achievable to do so. Readily achievable means easily accomplishable
and able to be carried out without much difficulty or expense.
Many building features that
are common in older facilities such as narrow doors, a step or a round
door knob at an entrance door, or a crowded check-out or store aisle
are barriers to access by people with disabilities. Removing barriers
by ramping a curb, widening an entrance door, installing visual alarms,
or designating an accessible parking space is often essential to ensure
equal opportunity for people with disabilities. Because removing these
and other common barriers can be simple and inexpensive in some cases
and difficult and costly in others, the regulations for the ADA provide
a flexible approach to compliance. This practical approach requires
that barriers be removed in existing facilities only when it is readily
achievable to do so. The ADA does not require existing buildings to
meet the ADA's standards for newly constructed facilities.
The ADA states that individuals
with disabilities may not be denied the full and equal enjoyment of
the ìgoods, services, facilities, privileges, advantages, or
accommodationsî that the business provides -- in other words,
whatever type of good or service a business provides to its customers
or clients. A business or other private entity that serves the public
must ensure equal opportunity for people with disabilities.
In the following section,
we answer some of the most commonly asked questions we receive from
our toll-free ADA Information Line about the barrier removal requirement
and how it differs from those requirements that apply to new construction
and alteration of buildings.
(sidebar)
Individuals
with disabilities may not be denied the full and equal enjoyment of
the ìgoods, services, facilities, privileges, advantages, or
accommodations.
(page 4) Common Questions
I own three buildings,
two of which were designed and constructed prior to the enactment of
the ADA. I have been told I have to make them all accessible. Is this
true? Does the ADA require me to make them all accessible?
The ADA establishes different
requirements for existing facilities and new construction. In existing
facilities where retrofitting may be expensive, the requirement to provide
access through barrier removal is less than it is in new construction
where accessibility can be incorporated in the initial stages of design
and construction without a significant increase in cost.
The requirement to remove
barriers in existing buildings applies only to a private entity that
owns, leases, leases to or operates a ìplace of public accommodation.î
Further, barriers must be removed only where it is ìreadily achievableî
to do so. Readily achievable means easily accomplishable and able to
be carried out without much difficulty or expense.
( sidebar)
The ADA establishes
different requirements for existing facilities and new construction.
Is my business required
to remove barriers?
If your business provides
goods and services to the public, you are required to remove barriers
if doing so is readily achievable. Such a business is called a public
accommodation because it serves the public. If your business is not
open to the public but is only a place of employment like a warehouse,
manufacturing facility or office building, then there is no requirement
to remove barriers. Such a facility is called a commercial facility.
While the operator of a commercial facility is not required to remove
barriers, you must comply with the ADA Standards for Accessible Design
when you alter, renovate or expand your facility.
What is a place of public accommodations?
A place of public accommodation
is a facility whose operations affect commerce and fall within at least
one of the following 12 categories set out in the ADA:
1) Places of lodging (e.g.,
inns, hotels, motels) (except for owner-occupied establishments renting
fewer than six rooms);
2) Establishments serving
food or drink (e.g., restaurants and bars);
3) Places of exhibition or
entertainment (e.g., motion picture houses, theaters, concert halls,
stadiums);
4) Places of public gathering
(e.g., auditoriums, convention centers, lecture halls);
5) Sales or rental establishments
(e.g., bakeries, grocery stores, hardware stores, shopping centers);
6) Service establishments
(e.g., laundromats, dry-cleaners, banks, barber shops, beauty shops,
travel services, shoe repair services, funeral parlors, gas stations,
offices of accountants or lawyers,
(page 5) Common Questions
pharmacies, insurance offices,
professional offices of health care providers, hospitals);
7) Public transportation
terminals, depots, or stations (not including facilities relating to
air transportation);
8) Places of public display
or collection (e.g., museums, libraries, galleries);
9) Places of recreation (e.g.,
parks, zoos, amusement parks);
10) Places of education (e.g.,
nursery schools, elementary, secondary, undergraduate, or postgraduate
private schools);
11) Social service center
establishments (e.g., day care centers, senior citizen centers, homeless
shelters, food banks, adoption agencies); and
12) Places of exercise or
recreation (e.g., gymnasiums, health spas, bowling alleys, golf courses).
(sidebar)
The types
of facilities listed in each category are examples ó they are
not intended to be an exhaustive list of all covered facilities.
I operate a restaurant
that opened in 1991. The city required that the restaurant comply with
the local accessibility code. Is the restaurant "grandfathered"
and not required to remove barriers as required by the ADA?
No. A restaurant is a public
accommodation and a place of public accommodation must remove barriers
when it is readily achievable to do so. Although the facility may be
"grandfathered" according to the local building code, the
ADA does not have a provision to "grandfather" a facility.
While a local building authority may not require any modifications to
bring a building "up to code" until a renovation or major
alteration is done, the ADA requires that a place of public accommodation
remove barriers that are readily achievable even when no alterations
or renovations are planned.
(sidebar)
...the ADA
does not have a provision to "grandfather" a facility...
Do I, as the owner, have
to pay for removing barriers?
Yes, but tenants and management
companies also have an obligation. Any private entity who owns, leases,
leases to, or operates a place of public accommodation shares in the
obligation to remove barriers.
If I do remove barriers,
is my business entitled to any tax benefit to help pay for the cost
of compliance?
As amended in 1990, the Internal
Revenue Code allows a deduction of up to $15,000 per year for expenses
associated with the removal of qualified architectural and transportation
barriers (Section 190).
(page 6) Common Questions
The 1990 amendment also permits
eligible small businesses to receive a tax credit (Section 44) for certain
costs of compliance with the ADA. An eligible small business is one
whose gross receipts do not exceed $1,000,000 or whose workforce does
not consist of more than 30 full-time workers. Qualifying businesses
may claim a credit of up to 50 percent of eligible access expenditures
that exceed $250 but do not exceed $10,250. Examples of eligible access
expenditures include the necessary and reasonable costs of removing
architectural, physical, communications, and transportation barriers;
providing readers, interpreters, and other auxiliary aids; and acquiring
or modifying equipment or devices.
(sidebar)
To learn
more about tax credits and deductions for barrier removal and providing
accessibility contact the IRS at (800) 829-1040 (voice) or (800) 829-4059
(TDD) or call the Department of Justice
ADA Information Line (800)
514-0301 voice, (800) 514-0383 TDD.
What design standards
apply when Iím removing barriers?
When you undertake to remove
a barrier, you should use the alterations provisions of the ADA Standards
for Accessible Design (Standards). These Standards were published in
Appendix A to the Department of Justice's Title III regulations, 28
CFR Part 36, Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities. Deviations from the Standards
are acceptable when full compliance with those requirements is not ìreadily
achievableî. In such cases, barrier removal measures may be taken
that do not fully comply with the Standards, so long as the measures
do not pose a significant risk to the health or safety of individuals
with disabilities or others.
ILLUSTRATION: As a
first step toward removing architectural barriers, the owner of a small
shop decides to widen the shop's 26-inch wide front door. Because of
space constraints the shop owner can only widen the door to provide
a 30-inch clear width, not the full 32-inch clearance required for alterations
under the Standards. Full compliance with the Standards is not in this
case readily achievable. The 30-inch clear width will allow most people
who use crutches or wheelchairs to get through the door and will not
pose a significant risk to their health or safety.
How can I get a copy of
the ADA Standards for Accessible Design?
Copies of the regulations,
which include the Standards, are available from the Department of Justice's
ADA Information Line and may also be available in your local library.
The Department of Justice distributed an ADA Information File containing
regulations and technical assistance materials to over 15,000 libraries
nationwide. Copies of the regulations can be ordered 24 hours a day
from the Departmentís ADA Information line (1-800-514-0301 Voice
or 1-800-514-0383 TDD).
(sidebar)
Copies of
the regulations, which include the Standards can be ordered 24 hours
a day from the Departmentís ADA Information line.
(page 7) Common Questions
How do I determine what
is readily achievable?
Readily achievable means
easily accomplishable and able to be carried out without much difficulty
or expense. Determining if barrier removal is readily achievable is,
by necessity, a case-by-case judgment. Factors to consider include:
1) The nature and cost of
the action;
2) The overall financial
resources of the site or sites involved; the number of persons employed
at the site; the effect on expenses and resources; legitimate safety
requirements necessary for safe operation, including crime prevention
measures; or any other impact of the action on the operation of the
site;
3) The geographic separateness,
and the administrative or fiscal relationship of the site or sites in
question to any parent corporation or entity;
4) If applicable, the overall
financial resources of any parent corporation or entity; the overall
size of the parent corporation or entity with respect to the number
of its employees; the number, type, and location of its facilities;
and
5) If applicable, the type
of operation or operations of any parent corporation or entity, including
the composition, structure, and functions of the workforce of the parent
corporation or entity.
(sidebar)
..readily achievable will
have to be determined on a case-by-case basis in light of the nature
and cost of the barrier removal and the resources available.
If the public accommodation is a facility that is owned or operated
by a parent entity that conducts operations at many different sites,
you must consider the resources of both the local facility and the parent
entity to determine if removal of a particular barrier is ìreadily
achievable.î The administrative and fiscal relationship between
the local facility and the parent entity must also be considered in
evaluating what resources are available for any particular act of barrier
removal.
Can you tell me what barriers
it will be readily achievable to remove?
The Departmentís regulation
contains a list of 21 examples of modifications that may be readily
achievable. These include installing ramps, making curb cuts in sidewalks
and at entrances, repositioning telephones, adding raised markings on
elevator control buttons, installing visual alarms, widening doors,
installing offset hinges to widen doorways, insulating lavatory pipes
under sinks, repositioning a paper towel dispenser, installing a full-length
mirror, rearranging toilet partitions to increase maneuvering space
or installing an accessible toilet stall. The list is not exhaustive
and is only intended to be illustrative. Each of these modifications
will be readily achievable in many instances, but not in all. Whether
or not any of these measures is readily achievable will have to be determined
on a case-by-case basis in light of the nature and cost of the barrier
removal and the resources available.
(page 8) Common Questions
Does the ADA permit me
to consider the effect of a modification on the operation on my business?
Yes. The ADA permits consideration
of factors other than the initial cost of the physical removal of a
barrier.
ILLUSTRATION: CDE convenience
store determines that it would be inexpensive to remove shelves to provide
access to wheelchair users throughout the store. However, this change
would result in a significant loss of selling space that would have
an adverse effect on its business. In this case, the removal of all
the shelves is not readily achievable and, thus, is not required by
the ADA. However, it may be readily achievable to remove some shelves.
If an area of my store
is reachable only by a flight of steps, would I be required to add an
elevator?
Usually no. A public accommodation
generally would not be required to remove a barrier to physical access
posed by a flight of steps, if removal would require extensive ramping
or an elevator. The readily achievable standard does not require barrier
removal that requires burdensome expense. Thus, where it is not readily
achievable to do so, the ADA would not require a public accommodation
to provide access to an area reachable only by a flight of stairs.
I have a portable ramp
that we use for deliveries - can't I just use that?
Yes, you could, but only
if the installation of a permanent ramp is not readily achievable. In
order to promote safety, a portable ramp should have railings, a firm,
stable, nonslip surface and the slope should not exceed one to twelve
(one unit of rise for every twelve units horizontal distance). It should
also be properly secured and staff should be trained in its safe use.
Because one of my buildings
is very inaccessible, I don't know what to fix first. Is guidance available?
Yes. The Department recommends
priorities for removing barriers in existing facilities because you
may not have sufficient resources to remove all existing barriers at
one time. These priorities are not mandatory. You are free to exercise
discretion in determining the most effective ìmixî of barrier
removal measures for your facilities.
(page 9) Common Questions
The first priority is enabling
individuals with disabilities to enter the facility. This priority on
ìgetting through the doorî recognizes that providing physical
access to a facility from public sidewalks, public transportation, or
parking is generally preferable to any alternative arrangements in terms
of both business efficiency and the dignity of individuals with disabilities.
The second priority is providing access to those areas where goods and
services are made available to the public. For example, in a hardware
store these areas would include the front desk and the retail display
areas of the store.
The third priority is providing access to restrooms (if restrooms are
provided for use by customers or clients).
The fourth priority is removing any remaining barriers, for example,
lowering telephones.
(sidebar)
Our priorities for barrier
removal are not mandatory. Public accommodations are free to exercise
discretion in determining the most effective ìmixî of barrier
removal measures to undertake in their facilities.
What about my employee areas?
Must I remove barriers in areas used only by employees?
No. The ìreadily achievableî
obligation to remove barriers in existing facilities does not extend
to areas of a facility that are used exclusively by employees. Of course,
it may be necessary to remove barriers in response to a request for
ìreasonable accommodationî by a qualified employee or applicant
as required by Title I of the ADA. For more information, contact the
Equal Employment Opportunity Commission (EEOC) which enforces Title
I of the ADA.
How can a public accommodation decide what needs to be done?
One effective approach is
to conduct a ìself-evaluationî of the facility to identify
existing barriers. While not required by the ADA, a serious effort at
self-assessment and consultation can save resources by identifying the
most efficient means of providing required access and can diminish the
threat of litigation. It serves as evidence of a good faith effort to
comply with the barrier removal requirements of the ADA. This process
should include consultation with individuals with disabilities or with
organizations representing them and procedures for annual reevaluations.
(sidebar)
...public accommodations
are urged to establish procedures for an ongoing assessment of their
compliance with the ADAís barrier removal requirements
(page 10) Common Questions
If a public accommodation
determines that its facilities have barriers that should be removed,
but it is not readily achievable to undertake all of the modifications
now, what should it do?
The Department recommends
that a public accommodation develop an implementation plan designed
to achieve compliance with the ADAís barrier removal requirements.
Such a plan, if appropriately designed and executed, could serve as
evidence of a good faith effort to comply with the ADAís barrier
removal requirements.
(sidebar)
...when barrier removal is
not readily achievable, then goods and services must be made available
through alternative methods, if such methods are readily achievable.
What if Iím not able to remove barriers at this time due to my
financial situation? Does
that mean Iím relieved of current responsibilities?
No, when you can demonstrate
that the removal of barriers is not readily achievable, you must make
your goods and services available through alternative methods, if undertaking
such methods is readily achievable. Examples of alternative methods
include having clerks retrieve merchandise located on inaccessible shelves
or delivering goods or services to the customers at curbside or in their
homes. Of course, the obligation to remove barriers when readily achievable
is a continuing one. Over time, barrier removal that initially was not
readily achievable may later become so because of your changed circumstances.
If the obligation is continuing, do you mean there are no limits on
what I must do to remove barriers?
No. There are limits. In
removing barriers, a public accommodation does not have to exceed the
level of access required under the alterations provisions contained
in the Standards (or the new construction provision where the Standards
do not provide specific provisions for alterations).
ILLUSTRATION 1: An office building that houses places of public accommodation
is removing barriers in public areas. The alterations provisions of
the Standards explicitly state that areas of rescue assistance are not
required in buildings that are being altered. Because barrier removal
is not required to exceed the alterations standard, the building owner
need not establish areas of rescue assistance.
(page 11) Common Questions
ILLUSTRATION 2: A grocery store has more than 5000 square feet of selling
space and prior to the ADA had six inaccessible check-out aisles. Because
the Standards do not contain specific provisions applicable to the alteration
of check-out aisles one must look to the new construction provisions
of the Standards for the upper limit of the barrier removal obligation.
These provisions require only two of the six check-out aisles to be
accessible. Because the store found it readily achievable in 1993 and
1994 to remove barriers and make two of check-out aisles accessible,
the store has fulfilled its obligation and is not required to make more
check-out aisles accessible.
What is the difference between barrier removal and alterations? Aren't
they both very similar?
Not really . Under the ADA,
barrier removal is done by a place of public accommodation to remove
specific barriers that limit or prevent people with disabilities from
obtaining access to the goods and services offered to the public. This
is an ongoing obligation for the business that has limits determined
by resources, size of the company and other factors (see pages 7 &
8). An alteration is replacement, renovation or addition to an element
or space of a facility. Generally alterations are done to improve the
function of the business, to accommodate a change or growth in services,
or as part of a general renovation. The requirements for alterations
are greater than those for barrier removal because the alteration is
part of a larger construction or replacement effort.
One of the buildings that I own is a small factory with offices.
Do I have to make that accessible?
No, commercial facilities
such as factories, warehouses, and office buildings that do not contain
places of public accommodation are considered ìcommercial facilitiesî
and are not required to remove barriers in existing facilities. They
are, however, covered by the ADAís requirements for accessible
design in new construction or alterations.
(Sidebar)
Commercial facilities that
do not contain places of public accommodation are not
required to remove barriers
in existing facilities except to provide access to
employment.
(Page 12 blank)
(Page 13) Design Details
Design Details: Van Accessible Parking Spaces
Vans equipped with lifts are an essential mode of transportation for
many people who use wheelchairs and three-wheeled scooters. The lift-equipped
van permits people to enter and exit the vehicle independently without
having to leave their wheelchair.
The ADA creates new requirements for van accessible parking spaces.
The ADA Standards for Accessible Design or Standards cover public accommodations,
commercial facilities and certain State and local governments. State
and local governments may choose between these Standards and the Uniform
Federal Accessibility Standards (UFAS). Because UFAS does not specify
how many van accessible parking spaces are required, only those State
and local governments that have chosen the Standards as their ADA accessibility
standard have specific, numerical requirements for van accessible parking.
Requirements for State and local government agencies that have chosen
the Uniform Federal Accessibility Standard (UFAS) are not addressed
by this document.
(Illustration)
A van equipped with a side-mounted
wheelchair lift parked in a van-accessible parking space. A person using
a wheelchair is getting out of the van using the lift. The accessible
route from the lift to the sidewalk is marked with a dashed line and
arrow leading to a curb ramp.
(Sidebar)
A Van Accessible Parking
Space always has a minimum 96-inch wide access aisle next to the van
The new requirement for van accessible parking spaces is an important
one for van users but its implementation has caused some confusion among
people responsible for providing parking.
The following section provides information about the design requirements
for van accessible parking spaces and explains when these spaces are
required, what features are required, and where to locate them on a
site.
(page 14) Design Details
Design Requirements for Van
Accessible Parking Spaces
Van accessible parking spaces are identical to accessible parking spaces
for cars except for the following:
ï the access aisle must be at least eight-feet wide (as opposed
to five-feet wide) to accommodate a wheelchair lift mounted at the side
of a van;
ï vertical clearance of at least 98 inches is required along the
vehicular route to the parking space, at the van parking space, and
along the route from the space to the exit to accommodate the height
of most vans; and
ï the required sign must have the words ìvan accessibleî
below the international symbol of accessibility (see 4.6.4 of the Standards).
Illustration:
Van with side-mounted wheelchair
lift parked in a van-accessible parking space. The wheelchair lift and
a person using a wheelchair are in the marked access aisle. Notes (below)
are provided for the sign identifying the accessible parking space,
the vertical clearance and the width of the access aisle.
Title: Unique Features of a Van Accessible Parking Space
Notes:
Sign with symbol of access
and "Van Accessible"
98 inch min. vertical clearance for vans along route to space, at the
parking space and along route to exit the site
96 inch min. width access aisle provides space for lift
The other required features
of van accessible parking spaces are the same as those for accessible
parking spaces for cars. These include:
ï the parking space for the vehicle must be at least 96 inches
wide;
ï the parking space for the vehicle and the entire access aisle
must be level (with a maximum slope of 1:501 in all directions);
ï the access aisle must have a firm, stable, non-slip surface;
1 (footnote) A 1:50 slope
is nearly level and is usually adequate for drainage. The ratio means
that a change in vertical height of no more than one unit can occur
for every fifty units of distance. For example, a change of one inch
in height over a distance of fifty inches.
(page 15) Design Details
ï the access aisle must be part of an accessible route to a facility
or building entrance(s), and
ï a sign that complies with 4.6.4 of the Standards must be mounted
in front of where the vehicle parks to designate the accessible parking
space.
Illustration:
plan view of a van accessible
parking space which highlights the common features of accessible parking
spaces (van and car)
Title:
Common Features of all Accessible
Parking spaces (van and car)
Notes:
parked vehicle overhangs
shall not reduce the clear width of the accessible route
sign with international symbol of accessibility mounted high enough
so view is not obstructed by parked vehicle
wide access aisle is part of the accessible route to the accessible
entrance and has a firm, stable, non-slip surface
level access aisle and vehicle parking space (max. 1:50 slope in all
directions)
accessible parking spaces are min. 96 inches wide
The access aisle must be
located on a 36-inch-wide accessible route to the building entrance(s).
Section 4.3 of the Standards contains requirements for accessible routes
and includes specifications for width, passing space to permit two people
using wheelchairs to pass, head room, ground surfaces along the route,
slope, changes in levels, and doors. The accessible route must not be
obstructed by any objects including vehicles that may extend into the
accessible route, a curb, outdoor furniture, or shrubbery.
If an accessible route crosses a curb, a curb ramp must be used. However,
a built-up curb ramp may not project into the minimum required space
for the access aisle at an accessible parking space. When an accessible
route crosses a vehicular way, a marked crosswalk may be part of the
accessible route.
Illustration:
Example of a sign for a van
accessible parking space
Title:
Sample sign for a van accessible
parking space
(page 16) Design Details
Location and Dispersion of
Parking Spaces
Section 4.6.2 of the Standards requires that accessible parking spaces,
including van accessible spaces, be located on the shortest accessible
route from adjacent parking to the accessible entrance of the building
or facility. Accessible parking spaces and the required accessible route
should be located where individuals with disabilities do not have to
cross a vehicular lane. When parking cannot be located immediately adjacent
to a building and the accessible route must cross a vehicular route,
then it is recommended that a marked crossing must be used where the
accessible route crosses the vehicular route. In facilities that have
multiple accessible entrances with adjacent parking spaces, the accessible
parking spaces must be dispersed.
When parking spaces are located in a parking garage, the Standards permit
the van accessible parking spaces to be grouped on one floor (Standards
4.1.2 (5) (b)).
Illustration
Multi-story building with
a circular driveway adjacent to the front entrance and a three level
parking garage located across the street. The accessible route from
the parking garage to the building entrance is identified. A note also
identifies a possible location for van accessible parking spaces on
the circular driveway.
Notes:
van accessible parking spaces
may be grouped on one level of a parking structure
possible location for van accessible parking spaces if inadequate vertical
clearance exists in parking garage
(page 17) Design Details
When Van Accessible Spaces are Required
When you provide parking at a newly constructed place of public accommodation
or at a commercial facility you must provide accessible parking spaces
including van accessible parking spaces.
When you alter or renovate a parking lot or facility the following may
apply.
ï If you repave or otherwise alter the parking lot, you must add
as many accessible parking spaces, including van spaces, as needed to
comply.
ï If you restripe the parking area, you must restripe so that you
provide the correct number of accessible parking spaces, including van
accessible parking.
ï Existing physical site constraints may make it ìtechnically
infeasibleî to comply fully with the Standards. However, in most
cases a ìtechnically infeasibleî condition exists only
in a portion of a lot, and other suitable locations for accessible parking
spaces are often available.
Number of Van Accessible
Spaces Required
Section 4.1.2 (5) of the Standards specifies the minimum number of accessible
parking spaces to be provided including van accessible parking spaces.
One out of every eight accessible spaces provided must be a van accessible
space. When only one accessible parking space is required, the space
provided must be a van accessible parking space. Van accessible spaces
can serve vans and cars because they are not designated for vans only.
In larger parking lots, both van accessible and accessible car spaces
must be provided. For example, in a parking lot for 250 spaces where
seven accessible parking spaces are required, one van accessible space
would be required along with six accessible car parking spaces. In a
parking lot for 450 spaces where nine accessible spaces are required,
then two van accessible spaces would be required along with seven accessible
car parking spaces.
Two van accessible parking spaces may share an access aisle.
(Sidebar)
When accessible spaces are
required for new construction and during alterations, van accessible
parking spaces must always be provided.
(page 18) Design Details
Readily Achievable Barrier Removal: Van Accessible Parking Spaces
Public accommodations must remove architectural barriers that are structural
in nature in existing facilities when it is ìreadily achievableî
to do so. Readily achievable means easily accomplishable and able to
be carried out without much difficulty or expense.
The ADA provides flexibility for public accommodations undertaking barrier
removal and does not require that the ADA Standards for Accessible Design
(Standards) be complied with fully if it is not readily achievable to
do so. Rather, the Standards serve as guidelines for barrier removal
that should be met if physical conditions and cost permit. Deviation
from the Standards is permitted unless it results in a safety hazard
to people with disabilities or others.
Because removing barriers to accessible parking generally involves relatively
low cost, it may be readily achievable for many public accommodations.
Illustration:
View of three parking spaces
with a sidewalk located at the front of the spaces. None of the parking
spaces are accessible.
Title:
Existing parking area without
accessible spaces
(page 19) Design Details
If readily achievable, the first accessible parking space that is provided
as part of barrier removal activities should be a van accessible space.
This type of parking space can be used by both vans and by cars and
can be used by anyone who needs accessible parking.
Examples of barrier removal related to accessible parking may include
restriping a section or sections of a parking lot to provide accessible
parking spaces with designated access aisles, installing signs that
designate accessible parking spaces, providing an accessible route from
the accessible parking spaces to the building entrance, and providing
a marked crossing where the accessible route crosses a vehicular way.
Sidebar:
If readily achievable, the
first accessible parking space that is provided should be a van accessible
space.
Where parking lot surfaces
slope more than 1:50, select the most nearly level area that is available
for the accessible parking spaces. When selecting the area for the accessible
parking spaces, consider the location of the accessible route that must
connect the access aisle to the facilityís accessible entrance(s).
Illustration:
Same view of parking spaces
after restriping and installation of a curb ramp and sign. One of the
three parking spaces is now a 96 inch wide access aisle and a curb ramp
is located adjacent to the access aisle.
Title: Same area with van accessible parking space added
Notes:
sign with international symbol of accessibility and "van accessible"
designates van accessible
parking
curb ramp installed outside access aisle area
accessible route to entrance
level access aisle
(Page 20) Design Details
Requirements for readily
achievable barrier removal permit businesses to consider the effect
of barrier removal on the operation of their businesses.
For example, a small independently owned store has only three parking
spaces for its customers. It determines that restriping the parking
area to provide an accessible parking space could be easily accomplished
without significant expense. However, to provide a fully complying van
accessible parking space would reduce the available parking for other
customers who do not have disabilities from three spaces to one. This
loss of parking (not just the cost of the paint for restriping) can
be considered in determining whether the barrier removal is readily
achievable.
The ADA provides flexibility for the store to implement a solution that
complies with the law but does not result in loss of business. For example,
if it is not readily achievable to provide a fully compliant van accessible
parking space, one can provide a space that has an access aisle that
is narrower than required by the Standards if the result does not cause
a safety hazard. Or, the store may provide the service (to a customer
with a disability) in an alternative manner, such as curb service or
home delivery. In some cases, providing a van accessible parking space
that does not fully comply with the Standards will often be the preferred
alternative approach, if doing so is readily achievable, because many
people with disabilities will benefit from having a designated accessible
parking space, even if it is not usable by everyone. If an accessible
parking space is provided with a narrow access aisle, then a ìVan
Accessibleî sign should not be provided and the store should be
prepared to offer service in an alternative manner, if it is readily
achievable to do so, to van users who cannot park in the space.
sidebar:
Requirements for readily
achievable barrier removal permit businesses to consider the effect
of barrier removal on the operation of their businesses.
(Page 21) Information Sources
Information Sources: ADA Technical Assistance
The Department of Justice, through the Disability Rights Section, has
responsibility for coordinating government-wide ADA technical assistance
activities. Information and direct technical assistance are available
from the agencies listed below. Use the list to select the agency responsible
for ADA requirements in your area of interest. Some provide free publications
in addition to other information services.
For State and local government programs, privately-operated businesses
and services, access to facilities, design standards enforceable under
the ADA, and information on tax credits and deductions contact:
U.S. Department of Justice
ADA Information Line
(800) 514-0301
(800) 514-0383 (TDD)
ADA-BBS:
(202) 514-6193
www.usdoj.gov/crt/ada/adahom1.htm
For information about Tax
Credits and Deductions, contact:
Internal Revenue Service
(800) 829-1040
(800) 829-4059 (TDD)
For employment issues, contact:
Equal Employment Opportunity
Commission (EEOC)
(800) 669-4000
(800) 669-6820 (TDD)
www.eeoc.gov
For transportation, contact:
U.S. Department
of Transportation
(202) 366-1656
(202) 366-4567 (TDD)
www.fta.dot.gov
For information on the ADA
Accessibility Guidelines, contact:
Access Board
(800) 872-2253
(800) 993-2822 (TDD)
www.access-board.gov/
For additional ADA information
and referral sources from Federally funded grantees, contact:
Job Accommodation Network
(800) 526-7234 (V/TDD)
www.jan.wvu.edu/
Disability and Business
Technical Assistance Centers
(800) 949-4232 (V/TDD)
www.adata.org
Disability Rights Education
and Defense Fund (DREDF)
(800) 466-4232 (V/TDD)