Small Business and ADA Readily Achievable Requirements - A Factsheet from the ADA National Network

ADA Checklist for Existing Facilities: Identify barriers and develop a plan

Common sense dictates that before a business can determine its barrier removal responsibilities, it has to identify what is out of compliance. A good resource for this task is the ADA Checklist for Existing Facilities produced by the New England ADA Center (http://www.adachecklist.org). This document provides background information and several checklists that address different priorities, possible barriers, technical specifications, and possible solutions.

Once barriers have been identified using these checklists, a business should develop a plan to remove readily achievable barriers. Reaching full compliance for many businesses is ongoing and takes several years. The ADA recognizes that a number of small businesses will never have the resources to bring their building(s) into full compliance. However, these businesses should continue to do as much as they can to become more accessible, based upon changes in resources over time.

Developing a plan based on priorities

ADA guidance recommends businesses develop a long-term plan for bringing their facilities into compliance. Where should a business start when there are numerous changes that need to be made? Should the most expensive changes they can afford be made first? The easiest? The cheapest?

To help businesses develop a long-range plan maximizing the access they can provide for the amount they can pay, the ADA regulations list four priority areas for readily achievable barrier removal.

Priority 1: Getting through the Door

The first priority is to make sure individuals with disabilities can physically enter the facility as independently as possible. “Getting through the door” also means providing physical access to a facility from public sidewalks and/or public transportation. If the business offers parking to its customers, providing accessible parking is also part of “getting through the door.”

Note: Portable ramps are permitted when the installation of a permanent ramp is not readily achievable. In order to promote safety, a portable ramp should be properly secured; have railings; and a firm, stable, nonslip surface.

Priority 2: Access to the Goods and Services

Once inside, people with disabilities need access to the business’s services including access to the front desk or checkout, access through the aisles, and any retail displays.

Priority 3: Restrooms

The third priority is to provide accessible restrooms, if restrooms are provided to other customers and clients.

Priority 4: Remaining Barriers

Features such as drinking fountains and telephones available to the public should be made accessible.

Customizing the readily achievable plan

ADA regulations do not mandate following these priorities. In fact, the regulations acknowledge that business may “mix and match” to best meet their customers’ needs. For example, Business A may have very limited resources and can only create an accessible route inside the store and lower a counter that contains product samples. Although these changes fall into priority two and four, they are what is currently readily achievable and so should be the first actions taken. Businesses should not avoid putting off making any accessibility changes because they are unable to meet all of priority one, etc.

Common sense goes a long way in developing a business compliance plan. It does not make sense to spend all of your available barrier removal dollars on creating an accessible bathroom, when there is no accessible parking and customers cannot enter through the front door.