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What Does the ADA Require for a Small Business Location?

If your business is open to the public, the Americans with Disabilities Act (ADA) applies no matter how small you are or how old your building is. Existing businesses must remove barriers when it’s “readily achievable,” which the Department of Justice describes as “easily accomplishable without much difficulty or expense.” New construction and remodels must meet the 2010 ADA Standards. Tax credits and deductions can help with the cost.

The ADA’s Title III covers “public accommodations,” which include stores, restaurants, offices, salons, and most businesses customers visit. The Department of Justice says there’s no exemption based on business size or building age.

Readily achievable barrier removal. For existing buildings, you must remove barriers when you can do it without much difficulty or expense. What counts depends on your size and resources, and the duty continues. When finances improve, you’re expected to do more. If you can’t remove a barrier, offer another way to serve people, like curbside service.

The Department of Justice suggests this order of priorities:

  1. Getting in from sidewalks, parking, and public transportation
  2. Reaching the goods and services
  3. Public restrooms
  4. Other amenities, like drinking fountains

What to look at (from the outline): parking, entrances, paths through the space, counters, restrooms, and customer areas.

Parking. The Department of Justice says lots with 1 to 25 spaces need at least one accessible space, and one of every six accessible spaces must be van accessible. Accessible spaces need an access aisle (see 9.4.6 Parking Rules).

New construction and remodels. Must meet the 2010 ADA Standards. Elements that met the older 1991 Standards may fall under a “safe harbor” until you alter them.

Tax help. The IRS says small businesses with $1 million or less in revenue or no more than 30 full-time employees in the prior year may claim the Disabled Access Credit on Form 8826 for 50% of eligible access costs, within limits. Businesses of any size may deduct up to $15,000 a year for qualified barrier removal. Ask your CPA how these apply.

Made-up example: Fern and Feather Gift Shop is in an older building with one step at the door. The owner buys a portable ramp, moves a display to widen the main aisle, lowers part of the checkout counter, and adds an accessible space to the small lot. She marks “Wheelchair accessible entrance” in her GBP only after the ramp is in place, and asks her CPA about the tax credit.

  • Customers. People with disabilities, older customers, and parents with strollers all need access.
  • Lawsuits and complaints. Accessibility complaints and lawsuits against small businesses are common.
  • Remodel costs. Building a new space right costs less than fixing it later.
  • Search and trust. Accurate accessibility info on your profile helps people decide to visit.

Every business that customers visit, including offices, shops, salons, restaurants, clinics, and studios. Home-based businesses that welcome customers should think about the areas customers use. Businesses with no public space, like warehouses, follow ADA rules mainly for new construction and alterations. Employee accessibility is a separate set of rules under the ADA’s employment title.

  1. Walk your site like a customer who uses a wheelchair, walker, or cane. Start in the parking lot.
  2. Use a checklist from ADA.gov or an accessibility specialist to note barriers.
  3. List fixes in the priority order above. Note the cost of each.
  4. Fix what’s readily achievable now. Plan the rest with dates.
  5. Offer alternatives where you can’t fix a barrier yet, and train staff on them.
  6. Check your lease to see whether you or the landlord handles each fix (see 9.4.4 Lease Permissions).
  7. For remodels, make sure your designer or contractor follows the 2010 Standards.
  8. Ask your CPA about tax help before you spend.
  9. Update your GBP accessibility attributes truthfully, and add photos of your entrance (see 14.9.4 Attributes). Do the same on Bing Places and Apple Business Connect where offered.
  • Your site checklist and photos, with dates
  • A barrier removal plan with dates and costs
  • Receipts for work done
  • Contractor or architect statements for remodels
  • Tax forms for any credit or deduction claimed
  • Screenshots of your profile’s accessibility attributes
  • Thinking an old building is “grandfathered.” The Department of Justice says local grandfather rules don’t exempt you from the ADA.
  • Blocking accessible paths with displays, chairs, or boxes.
  • Restriping the lot without adding the accessible spaces. Altering an element can remove its safe harbor.
  • Marking accessibility attributes on Google that aren’t true.
  • Doing nothing because you can’t do everything. Start with the top priorities.

An accessibility specialist or architect can survey your site. An attorney can help if you receive a complaint or demand letter. A CPA can explain the tax credit and deduction. Questions to ask:

  • Which barriers should we fix first, and what’s readily achievable for a business our size?
  • Does our remodel meet the 2010 Standards?
  • Can we use the Disabled Access Credit or barrier removal deduction?

[Bill: add a short opinion. For example, how often you see accessibility attributes left blank or wrong on client profiles, and why you check them during a profile setup.]

If you’d rather have this done for you, SiteSmarty handles Google Business Profile setup, including attributes.

  • [Date I did this:]
  • [What I actually did, step by step: whether customers visit a SiteSmarty location, and which accessibility attributes I set]
  • [What it cost and how long it took:]
  • [What surprised me or what I’d do differently:]
  • [Screenshot or photo to add, with private info blurred: GBP accessibility attributes and entrance photo]
  • [Result so far:]

Does the ADA apply to my small business? Yes, if it’s open to the public. The Department of Justice says there’s no exemption for small businesses.

What is readily achievable barrier removal? Fixing barriers that you can fix without much difficulty or expense for a business your size. Examples include ramps, moving furniture, and adding grab bars.

How many accessible parking spaces do I need? The Department of Justice says lots with 1 to 25 spaces need at least one, and one of every six accessible spaces must be van accessible.

Is my older building grandfathered? No. Older buildings still have to remove barriers when it’s readily achievable.

Are there tax credits for accessibility? Yes. Eligible small businesses may claim the Disabled Access Credit, and any business may deduct up to $15,000 a year for qualified barrier removal. Ask your CPA.

  • Question: Has the business checked its parking, entrance, paths, counters, restrooms, and customer areas for barriers, fixed what is readily achievable, and shown accurate accessibility information on its listings?
  • Pass looks like: Dated survey and plan. Top priority barriers fixed or alternatives in place. Remodels meet the 2010 Standards. Accurate GBP accessibility attributes and entrance photos.
  • Fail looks like: No survey. Blocked paths. No accessible parking. Attributes marked “Yes” for features that don’t exist.
  • Evidence to collect: Survey, photos, plan, receipts, and profile screenshots.

Where this fits

Do this first: 9.4.1 Zoning, 9.4.4 Lease Permissions

Do this next: 9.7.2 Communication Access

Related pages: 9.4.3 Certificate of Occupancy, 9.4.6 Parking Rules, 9.7.4 Service Animals, 9.7.5 Accessibility Complaints, 14.9.4 Attributes, 14.2.2 Storefront Eligibility

Sources

This page explains general rules and Bill's own experience. It is not legal, tax, or insurance advice. Talk to a qualified professional about your situation.

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