1. What is Title III of the
Americans with Disabilities Act? What types of businesses does this law cover?
Title III of the Americans with Disabilities Act requires that any place that serves the
public or places of public accommodation (hairdressers, grocery stores, restaurants,
jewelry stores, banks, doctors offices, retail stores, etc.) must remove barriers that
prevent a customer from obtaining the goods and services of the establishment. This
applies to small, family owned businesses as well as national chains.
2. Are businesses that have
been operating for decades exempt from the ADA because of the "Grandfather
Clause?"
There is no Grandfather Clause in the ADA. All businesses, no matter how old, are required
to comply with the ADA.
3. Must I remove all barriers?
The ADA requires the removal of barriers that are readily achievable, which means that
removal is "easily accomplishable and able to be carried out without much difficulty
or expense." Examples include ramping a few steps, widening an entrance doorway for
wheelchair users, installing grab bars, adjusting the door to reduce the amount of
pressure needed to open it, or replacing door knobs with levers so that doors can be
opened with a closed fist. Businesses can also rearrange shelves and racks to allow
greater access by customers with disabilities.
4. Some barrier removals
are not readily achievable. Do I still have to provide goods and services to customers
with disabilities?
Yes. Stores should provide reasonable accommodations in order for customers with
disabilities to access the goods and services of the store. This can done by having the
merchandise brought down from a top shelf to a customer or providing the customer with a
catalog displaying the merchandise.
5. I am not the owner of the
store, only the manager; am I responsible for making the store accessible?
Yes. ADA regulations state that any private entity who owns, leases to, or operates a
place of public accommodation shares in the obligation to remove barriers.
6. Much of my store is
not accessible. Where do I start?
The ADA prioritizes the areas of public accommodations that should be made accessible. The
first priority is the path of travel from the sidewalk or parking lot to the business and
its entrance. The second priority is access to good and services. The third priority is
making bathrooms, if available for public use, accessible. The fourth priority is any
other amenities of the establishment that are available to the public, such as telephone
booths or drinking fountains.
7. Is there a guide that I
should follow in making my business accessible?
Yes. Newly constructed businesses (as well as existing businesses) should use the
ADAs Standards for Accessible Design as a guide for removing barriers. These
standards are published in Appendix A to the Department of Justice Title III regulations,
entitled "Nondiscrimination on the Basis of Disability by Public Accommodations and
in Commercial Facilities."
8. What is the NJ Barrier Free
Subcode?
Adopted in 1976, the Barrier Free Subcode is the standard used for accessible design in
new buildings. For more information, contact your local building inspector or the
Department of Community Affairs, Division of Codes and Standards, 609.984.7609.
9. Are there tax incentives?
Internal Revenue Service rules allow business owners tax credits and deductions for
accessibility improvements made to their business.
Section 44 of the IRS Codes allows
owners of small businesses a tax credit that is equal to 50% of access expenditures in a
year, up to $10,250 in expenditures. Under Section 190 of the IRS Code, businesses of any
size can take up to a $15,000-deduction in taxes for removal of architectural barriers.
The renovations must comply with applicable accessible standards