ADA Frequently Asked Questions

Category: Title III: Places of Public Accommodations

Do public accommodations need to remove physical barriers on a continual basis?

Outside of planned alterations or additions, Title III of the ADA also requires public accommodations like businesses, non-profits and other private entities to remove structural barriers in existing buildings when it is “readily achievable.” This means that the changes are easily accomplishable without much difficulty or expense. What is considered “reasonable” can depend on factors such as the type of barrier removal needed, whether it is technically feasible, the overall financial resources of the site or any parent corporation as well as any tax credits or other assistance that is available to the entity.

The ADA contains a priority list for removing barriers. In general, entities should look at removing barriers in the following order:

• Getting Through the Door: Examples can include installing ramps, making curb cuts in sidewalks and entrances, widening doors or installing offset hinges to widen doorways, creating accessible parking spaces with the correct signage, etc.
• Accessing Goods and Services: Examples can include repositioning shelves, rearranging tables, chairs, vending machines, display racks, and other furniture, providing Brailled and raised character signage, installing flashing fire alarms, removing high pile and low density carpeting, etc.
• Accessing Restrooms: Examples can include installing grab bars in toilet stalls, rearranging toilet partitions to increase maneuvering space, insulating lavatory pipes under sinks to prevent burns, installing a raised toilet seat, repositioning the paper towel dispenser in a bathroom, etc.
• Removing Remaining Barriers: Once the previous priorities are met, the entity should continue removing other physical barriers until they have complied with the 2010 ADA Standards to the maximum extent feasible.

For permanent facilities, accessibility updates are generally required to be permanent. For example, an entity should not be using a portable ramp when installing a permanent ramp is readily achievable. Alternatives to physical barrier removal can only be considered if the entity can demonstrate that the barrier removal is not “readily achievable.” Some examples of alternatives might include providing online or curbside service, relocating goods or services to accessible locations, assisting customers with retrieving items from shelves, etc.Physical barrier removal updates must comply with the 2010 ADA Standards, at minimum. However, there may be additional requirements under state or local building codes. In cases where requirements overlap, the entity must comply with the stricter standard. For example, some states may require all accessible parking spaces to meet the dimensions for van accessible spaces. This is a stricter standard than what the ADA requires.

Resource(s):

• Title III Regulations - Section 36.304 Removal of barriers
• Title III Regulations - Section 36.305 Alternatives to barrier removal
• Small Business and ADA Readily Achievable Requirements
• ADA Quick Tips - Tax Incentives