Retail ada law

Title III

Title III states that any business that provides goods to the public - services or commercial goods - cannot discriminate against customers based on a disability. That means your business needs to be accessible to persons with disabilities and you cannot turn-away a customer based on a disability.

This applies to 12 different types of establishments:

•             Shopping Malls

•             Stores & Shops

•             Theaters & Hotels

•             Restaurants & Bars

•             Service Establishments

•             Doctors and Dentists Offices

•             Private Museums and Schools

•             Other retail stores and service provider

Nearly all businesses that serve the public are included of this list and all need to comply with Title III, regardless of the business’ size or the age of the building it’s housed in.

 

Accessible Parking

Vehicle space, the access aisle, the curb ramp, and the route that connects the parking to the accessible entrance of the building. Lack of maintenance of any one of those elements can make the whole space inaccessible. For example, for a wheelchair user to exit her car, she must place her wheelchair in the access aisle, transfer from the car seat to her wheelchair, and then roll backward in the access aisle to provide clearance to close the car door. If another car parks in the aisle or if a plow loads the aisle with snow, the wheelchair user does not have sufficient room to get out of her car. That parking space the owner just paid to have correctly restriped is now useless to her.

Not only should there be a certain number of spaces designated for people with disabilities, but they also must meet the specific dimensions detailed by the ADA Accessibility Guidelines. Accessible spaces must be at least 8 feet wide and include a 5-foot-wide access aisle alongside each one.

 

Maintenance List

• Remove obstacles, including shopping carts, maintenance equipment, and cars without designated license plates or placards, from parking spaces and access aisles as soon as possible.

• Clear completely snow, ice, mud, and leaves from accessible parking spaces whenever plowing or clearing the rest of the parking area. Be sure that cleaning crews do not pile snow or gravel in the accessible parking spaces, access aisles, and curb ramps.

• Maintain curb ramps and sidewalks to prevent large cracks and uneven surfaces from forming.

•  Keep the accessible route from the parking area to the store's entrance clear of obstacles that either block or narrow the route.

 

Accessible Route Into and Through the Business

While accessible routes through a store are originally well-planned, promotional, seasonal, and other special displays that surround entrances and spill into aisles may substantially reduce their accessibility. Customers with disabilities will not be able to shop in a store if the route through an entry plaza is too narrow because of a display of snow blowers, if the maneuvering clearance alongside the entrance door is blocked by a sale book rack, or if a route contains scattered trip hazards from impulse items displayed on cloth-covered tables or in baskets on the floor.

  • Doors and Entrances-According to ADAAG, there must be a minimum of 32 inches of clear space between the face of the door and the opposite stop when a door is opened 90 degrees to allow for customers who use wheelchairs, crutches, and other similar devices to enter your retail store. Choosing offset hinges can give you several extra inches of clear space. While not required, automatic or push button doors are often the best option for providing access. Automatic and push-button doors mean your employees won’t have to drop what they’re doing every time the door needs to be open for a disabled customer. Consult ADAAG for more specific guidelines regarding entrances and doorways.
    • CLEAR SIGNAGE WHERE IS THE ADA ENTERANCE ACCESS-DIRECTION SIGN
    • Ring bell for assistance sign
    • Doorbell to inform staff if assistance is needed
    • Shelves, Aisles, and Maneuvering Space Customers with disabilities - customers who use wheelchairs, crutches, or mobility devices, customers with limited maneuverability, and blind or deaf customers - experience retail stores very differently than someone without a disability. A person with a disability can experience access problems non-disabled persons wouldn’t even necessarily think of. For example, people on crutches have difficulty maneuvering in aisles when displays are placed in the middle of the aisle. While widening aisles is the ideal solution for customers with limited mobility, some retail stores would lose a significant amount of their selling space to widen their aisles, so this option isn’t always readily achievable. A different step you can take to improve the functionality of your aisles for disabled persons is to place heavy items on lower shelves and light items on higher shelves. Lowering a heavy object from a high height can be difficult even for able-bodied persons, let alone someone with a disability. If this isn’t possible, make sure your sales clerks are prepared to assist patrons with lowering heavy objects and make sure a small ladder is nearby for your clerks to use. Moving displays and boxes that could cause access issues in aisles or could trip someone with vision impairment will also help you make sure your store is accessible for all customers. If your store is so small that you cannot move displays and products out of the aisles, train your clerks to offer customers with disabilities assistance at the front door.
      • Sign- assistance available upon request
      • Checkout Counter- Sales and Service Counters To ensure you have an ADAAG friendly checkout space, you need to meet their measurement requirements. Accessible counters can be no taller than 36” from the floor to the top of the counter, with few exceptions. If you existing countertops are taller than that and reconstruction would be prohibitively expensive, the ADA allows these counters to stay in place as long as the retail store’s owner build a new, accessible counter near the original counter.To make space for wheelchairs, people using crutches, and scooters, sales and service counters also have to an obstructed space of no less than 30” by 40” in front of their counter space.
      • Dressing Rooms-When it’s readily achievable, retail stores have to adapt one or more of their dressing rooms to allow customers using wheelchairs or other mobility devices to access them easily.

 

  • Restrooms-If your business provides customers a restroom, there are very specific guidelines you must meet to make that restroom accessible if readily achievable. For example, a toilet must be installed with the top of the seat between 17 - 19” above the floor, located between 16 - 18” from the side wall to the center line or 17 - 19” from the side wall to the centerline if it is considered an ambulatory accessible toilet.To make sure the restroom in your store is ADA compliant, consult the ADA’s design standards.

 

Maintenance List

•             During business hours, unlock all doors at accessible entrances, even if they are not main entrances to the store. Mount clear, well-maintained signage at the main entrance to direct people to the accessible entrance.

•             If construction or repair requires customers to detour around taped-off areas or to step up on plywood walkways, ensure that the temporary route is accessible or that there is an alternate temporary accessible route with proper signage.

•             Ensure that boxes, vending machines, display racks, or other equipment do not block the maneuvering clearances required at the doors of accessible entrances. Arrange seasonal merchandise, baskets of impulse items, and extra clothes racks so that they do not block or protrude into the accessible route through the store.

•  Eliminate billowy, long table covers that spill into the accessible route. These create trip hazards for customers with low vision and snag under patrons' crutches, canes, and walkers and in their wheelchair wheels.

•  Plan all routes so that any hanging or mounted displays, wall-mounted shelving, lighting, or decorations provide required head clearance and cane detection for customers who are blind or have low vision.

•  Staff the accessible sales counters and check-out aisles during all business hours. These areas must have their aisles clear and their lowered counter spaces free of equipment and merchandise to be usable.

•  Ensure that accessible exits - including accessible emergency exits - are maintained at all times. Remove boxes, extra furniture, and other objects that may obstruct the route to the exits and the required door and floor clearances at them. Ensure that the doors have working accessible hardware and are unlocked during all business hours. If the store has evacuation equipment to assist people who cannot use stairs, make sure it is available, unobstructed, and in working condition.

 

Accessible Restrooms, Fitting Rooms, and Elevators

Equally important to the customer experience is the ability to move comfortably within the establishment and to try out or try on the merchandise. Maintenance of accessible restrooms and fitting rooms, customer service and product demonstration areas, and lifts and elevators is essential for all customers to fully enjoy the shopping experience and buy merchandise.

Maintenance List

•  Unlock accessible public restrooms, toilet stalls, and fitting rooms and make sure they are available to customers with disabilities during business hours. They cannot be used as temporary storage areas or staff locker space.

•  Eliminate furniture or equipment, such as shelving, large trashcans, and chairs, that take up required maneuvering space in fitting rooms and restrooms.

•  Routinely refill the accessible paper towel and soap dispensers when all other dispensers are refilled.

•  Maintain lifts and elevators regularly. Repair them whenever necessary, and return them to service as quickly as possible.

•  Remove trash receptacles and cigarette urns from under elevator hall call buttons and beside doors to ensure access to controls and sufficient maneuvering clearance.

 

Accessible Customer Information

Alternate formats of printed information for customers have to be kept up to date to be useful. Offering a Braille brochure with old telephone numbers or a large-print equipment rental application with wrong rental return requirements will only frustrate and confuse customers.

One way to maintain accessible features is to consistently educate all staff about them. Tell employees the location and purpose of accessible retail elements and impress upon them the importance of keeping the features usable. Provide employees with procedures for correcting problems. Together staff can ensure that the store's investment in accessibility brings the greatest possible return.

 

DOORS

Automatic or push-button doors are common today, but there must also be a minimum of 32 inches of clean space between the face of the door and the stop on the other side when open to provide access for those using wheelchairs or crutches.

 

COUNTERS

At least one checkout counter in a store must be no higher than 38 inches off the floor to allow easier access for those using wheelchairs.

 

AISLES

Failing to provide wide enough walkways between shelving units can put a retailer in danger of noncompliance with the ADA. A minimum width of 36 inches is required. If the aisle is more than 200 feet long, a passing space of at least 60 inches by 60 inches must be provided.

 

DIRECTORIES

Although many retail stores feature store maps or directories, some forget to use Braille for the visually impaired.

 

SIGNAGE

Signs that feature elaborate typefaces or color schemes without enough contrast may be too difficult for those with limited vision to read.

 

 RESTROOMS

At least one sink in each restroom has to be no more than 34 inches from the floor, and there must be at least 48 inches of clear floor space underneath it. Accessible toilets should be no greater than 19 inches off the floor and grab bars must be provided alongside them.

 

ARRANGE ITEMS BY WEIGHT

When you stock the heavier items on the lower shelves and lighter ones on higher shelves, you improve access for those with limited mobility. It also makes shopping more convenient for all.

 

LARGER DRESSING ROOMS

Accommodating people who use wheelchairs also means spaces that are more comfortable for everyone.

 

BETTER SIGNS

Designing signage with easy-to-read type and contrasting colors not only helps people with limited vision, but it also makes them more eye-catching and attractive.

 

 

 

 

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For more information about what is required, see the laws that are referenced and the rules applicable to your city and state. This page is for informational purposes only and is not intended as legal advice, professional advice or a statement of law. You may wish to consult with an attorney.