Architectural Barrier Free-Design Committee

State of New Hampshire

Governor's Commission
on
Disability

The Americans with Disabilities Act (ADA) requires all businesses open to the public to be accessible and useable by individuals with disabilities. Below are some tips and accessibility guidelines that will allow you to comply with the ADA. For more information, refer to the U.S. Department of Justice's Business Connections website www.usdoj.gov/crt/ada/reachingout/intro1.htm

Parking and Entrance: If parking is provided, at least one space that is 8-feet wide with an adjacent access aisle - a no-parking zone - that is also 8-feet wide is required. This space must be designated by a sign 60 inches from the ground, mounted on a post or mounted on a building, directly in front of the space.

If getting from the car through the front door might requires stepping over a curb or climbing stairs, ramps are required to provide wheelchair access. There should be a 36-inch wide path of travel that leads to a level landing in front of the entrance door, and the width of the door must be at least 32 inches wide when opened.

Tips for providing an accessible route within your business: Businesses must provide an accessible route throughout, including access to the service counters, displays, merchandise racks, elevators, water fountains, and the restrooms. Staff should be aware of the need to maintain a 36-inch wide path of travel throughout and to avoid bumping into wheelchairs, canes, and crutches.

Do not have objects sticking out more than 4 inches from shelves or walls. If an item protrudes more than 4 inches, it could injure an individual who is blind or who has limited vision.

Location of Sales Items: Most items should be located on shelves no lower than 15 inches and no higher than 48 inches from the floor. To avoid accident or injury, do not place items on shelves located above a display case.

Customer Service: If a customer with a disability asks for assistance, it is important to listen to what kind of assistance is needed and not make assumptions. The most common requests are that of reaching items that either too low or too high, moving objects that are in the way, or reading labels. If requested, staff must be willing to retrieve merchandise for customers. For standard information that is distributed to the public, large print versions should be made available (printed in size 18 font or higher). Remember to speak directly to the person who has a disability when asking them for their order.

Requiring a form of photographic identification is acceptable, but you must accept a valid non-driver's identification card in cases when the customer does not have a driver's license.

Food Service Areas: If there is a self-service area for condiments, utensils, napkins, etc., these items should be no higher than 48 inches from the floor.

A food service line or buffet table must provide adequate maneuvering space for a person using a wheelchair to approach and move through the line. A minimum width of 36 inches should be provided with a 42-inch width preferred. If the line changes direction, such as a 180-degree turn, an extra wide turning space is needed. An alternative solution is to provide an accessible route around the queuing area. Staff should be available to assist in serving items from the buffet table.

Fixed Seating and Tables: An accessible table should have a surface height that is 28 - 34 inches above the floor. For adequate leg and knee clearance, there must be at least 27 inches of clearance between the floor and the underside of the table. There should be a clear floor area 30 inches by 48 inches at each accessible seating location. This clear floor area extends 19 inches under the table to provide leg and knee clearance. If tables are provided, such as in restaurants and snack bars, and the tables are attached to the wall or floor (fixed), then 5% of the tables or at least one (if less than 20 are provided) must be accessible.

Staff should refrain from asking a customer if they are willing to get out of their wheelchair, including photography studios.

Service and Checkout Counters: There needs to be an area of clear floor space in front of the service counter that measures a minimum of 30 inches by 48 inches. At least one portion of the checkout counter should be no higher than 36 inches from the floor, and at least 36 inches long. If this is not possible, offer a clipboard for signing receipts, or use a table that is no higher than 36 inches from the floor. Credit and Debit card processing machines must be reachable and usable from a wheelchair.

Restrooms: The width of the door to the restroom should be 32 inches clear when opened and should open easily. A wheelchair accessible restroom should have a toilet that is 17-19 inches from the floor, with grab bars mounted on the walls behind and to the side of the toilet. The toilet should be no further than 18 inches from the wall. The toilet paper dispenser should be no further than 9 inches from the front of the toilet bowl. There should be clear floor space that measures 60x60 inches to allow for a wheelchair to turn around. The sink should be no higher than 34 inches from the floor with hardware that is operable with a closed fist (lever faucets), and all dispensers should be no higher than 48 inches from the floor. The door swing should not interfere with access to the sink or the toilet.

Policies and Procedures: Businesses must review their policies and procedures for serving customers and change those that exclude or limit participation by people with disabilities. For example, if a business has a policy to exclude all animals, the policy must be changed to permit the use of service animals, such as "seeing-eye-dogs" and "hearing-assist-dogs". A business that has a separate wheelchair accessible entrance needs to ensure that the door remains unlocked during the hours of operation. If security is a problem, an accessible doorbell (identified by a sign and mounted in an accessible location) should be installed to enable people with disabilities to notify staff of their presence. A restaurant cannot restrict seating of people with disabilities to one area. Policies must be revised to permit the same range of choices enjoyed by others.

Communication with Customers: Customers who are deaf, hard-of-hearing, or who have speech impairments may not communicate vocally. The method of communication will vary depending upon the abilities of the customers. When communication by speech is not possible, simple questions, such as the price of an item, may be handled by exchanging written notes or a mixture of speech, gestures, and written notes. Staff should be aware of these alternative ways to communicate. Be sure to avoid raising your voice and always ask the customer about their preference for communication.

Many people with hearing or speech disabilities use a TTY (Telecommunications Device for the Deaf) instead of a standard telephone. This device has a typewriter keyboard for entering messages and a visual display to view the content of a conversation from another person. For businesses and individuals who do not have a TTY, the ADA established a free state-by-state relay network nationwide that handles voice-to-TTY and TTY-to-voice calls. Customers who use a TTY to make telephone calls may telephone your business using a relay network. The relay consists of an operator with a TTY who translates TTY and voice messages. Conversations may take longer because of the relay method, and the operator acts solely as the voice of those conversing.

Tax Credits and Deductions: To assist businesses with complying with the ADA, Section 44 of the IRS Code allows a tax credit for small businesses and Section 190 of the IRS Code allows a tax deduction for all businesses. The tax credit is available to businesses that have total revenues of $1,000,000 or less in the previous tax year or 30 or fewer full-time employees. This credit can cover 50% of the eligible access expenditures in a year up to $10,250 (maximum credit of $5000). The tax credit can be used to offset the cost of barrier removal and alterations to improve accessibility; providing accessible formats such as Braille, large print and audio tape; making available a sign language interpreter or a reader for customers or employees, and for purchasing certain adaptive equipment. The tax deduction is available to all businesses with a maximum deduction of $15,000 per year.

Committee on Architectural Barrier-Free Design
Governor's Commission on Disability
57 Regional Drive - Suite 5
Concord, NH 03301-8518
Telephone (Voice) (603) 271-4177 or (TTY) (603) 271-2774
NH Toll-Free (Voice/TTY) (800) 852-3405
FAX (603) 271- 2837