On January 26, 1992 the ADA Title III Regulations covering Public Accommodations and Commercial Facilities went into effect. Enforced by the Department of Justice the Act is a Federal Civil Rights law that prohibits the exclusion of people with disabilities from everyday activities, such as buying an item at the store, eating at a local restaurant or having the car serviced at the local garage. Public Accommodations are defined by the ADA as private businesses that provide goods and services to the public both for profit and non profit. These businesses are required to improve accessibility for many people with disabilities. These requirements include removing physical barriers that are readily achievable. The Act defines readily achievable as easily accomplishable and able to be carried out without much difficulty or expense. This Newsletter will discuss how the small business owner can meet the requirements of Title III of the ADA by removing possible barriers to entrances of existing facilities. Removing these barriers are considered readily achievable by the Department of Justice in most cases. The Department of Justice decided that changing or adding door hardware to remove physical barriers and improve accessibility for people with disabilities, is usually easy and inexpensive.

Door Openings

One of the first places to start in determining whether an entrance meets ADA guidelines is for the clear opening the entrance provides when the door is fully open. The ADA Standards for Accessible Design (Standards), part of the Department of Justice's Title III Regulations require that opening be at least 32 inches wide. Most establishments meet these regulations. However, some older establishments might not. The most beneficial way to comply with this guideline is to install offset (swing clear) hinges. This type of continuous hinge provides approximately 1 1/2 inches of extra clearance without replacing the door or frame. This extra clearance could be all that is needed to meet the regulations. The installation of these special hinges can be carried out without much difficulty or expense falling under the Act's definition of readily achievable. Offset hinges also eliminate door sagging a frequent problem with aluminum storefront doors that receive much traffic and/or abuse.

Door Hardware

Changing, moving or adding, door hardware is also easy and inexpensive. Door handles should be no higher than 48 inches from the finished floor and operable with a closed fist. Round door handles need to be replaced with lever type handles. A lever type handle is accessible because it can be operated without tight grasping, pinching or twisting. Lever handles also offer special features. Freewheeling or clutch type lever handles prevent would be intruders from exerting force on the handle. Previous lever handles began appearing on the market without these features and many could be defeated by someone trying to stand on the lever or slipping a pipe over the lever and exerting enough force to jar the lock loose making the door easier to open. Most of today's graded lever handles offer added protection. The freewheeling lever handle gives way but still remains locked when any amount of force is applied. The clutch handle will give way and still remain locked after a certain amount of force is applied. Both types are an excellent choice for high traffic and remote location areas. In addition graded lever handles have through bolting posts at the twelve o'clock and six o'clock positions preventing the lock from moving in an attack.

Flat type pull handles can be replaced with loop type pull handles. Loop type pull handles are accessible because they can be operated with a closed fist and without grasping, pinching or twisting. If you are not sure whether the hardware on your entrance door complies with the ADA Standards try the "closed fist" test. Try opening the door or operating the control using only one hand, held in a fist. If you can do it, so can a person who has limited use of his or her hands.

These are just some solutions to help the small business owner meet the obligations under the ADA. Remember the requirements discussed in this newsletter pertain to existing facilities when barrier removal is readily achievable. If it is not readily achievable to undertake the modifications, the Department of Justice recommends that a public accommodation develop an implementation plan designed to achieve compliance with the ADA's barrier removal requirements. If such a plan is designed and executed properly it could serve as a good faith effort to comply.

Tax Credits & Deductions

Tax credits and deductions are available to assist business 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. For more about the tax credit and tax deduction provisions contact the Department of Justice ADA Information Line at 1-800-514-0301(Voice), 1-800-514-0383 (TDD). For your free checklist for existing facilities visit the Department of Justice on-line at www.usdoj.gov.