The U.S. Department of Justice has been showing a strong
commitment to technical assistance under the Americans with
Disabilities Act.  Among other things, it has started a series of
publications to answer common questions that the Department has
received in an ADA topic area.  The following document addresses
the "readily achievable" standard faced by public accommodations.

Jamal Mazrui
National Council on Disability
Email: 74444.1076@compuserve.com

----------

(front cover)

U.S. Department of Justice
Civil Rights Division
Disability Rights Section


Americans with Disabilities Act


(logo ADA-TA)
Technical Assistance
Updates from the U.S. Department of Justice


Common Questions:
Readily Achievable Barrier Removal


Design Details:
Van Accessible Parking Spaces

(illustration of a sign for a van accessible parking space)



Number 1.

August 1996
(inside front cover)

Reproduction

Reproduction of this document is encouraged.

Disclaimer

The ADA authorizes the Department of Justice to provide technical
assistance to individuals and entities that have rights or
responsibilities under the Act.  This document provides informal
guidance to assist you in understanding the ADA and the
Department's regulation.  However, this technical assistance does
not constitute a legal interpretation of the statute.

(page 1) Introduction

ADA-TA, a series of technical assistance (TA) updates from the
Disability Rights Section of the Civil Rights Division of the
Department of Justice, provides practical information on how to
comply with the Americans with Disabilities Act (ADA).  Each
ADA-TA highlights specific topics of interest to business owners
and managers, State and local government officials, architects,
engineers, contractors, product designers and manufacturers, and
all others who seek a better understanding of accessible design
and the ADA.  The goal of the series is to clarify potential
misunderstandings about the requirements of the ADA, and to
highlight its flexible, common sense approach to accessibility.

Each ADA-TA has two standard features:  Common Questions and
Design Details.  Common Questions answers questions that have
been brought to our attention through complaints, compliance
reviews, calls to our information line, or letters from the
public.  Design Details provides supplemental information and
illustrations of specific design requirements.

ADA-TA complements the Department's ADA documents, including the
regulations issued under titles II and III of the ADA and the
Department's technical assistance manuals.  ADA-TA is not a legal
interpretation of the ADA.  Instead it provides practical
solutions on how to comply with the ADA while avoiding costly and
common mistakes.

Obtaining additional ADA information may be as easy as a trip to
your local library.  The Department of Justice has sent an ADA
Information File containing 70 technical assistance documents to
15,000 libraries across the country.  Most libraries maintain
this file at the reference desk.


(sidebar)
To order copies of the Department's regulations, technical
assistance manuals and other publications, or obtain answers to
specific questions, CALL:  (800) 514-0301 (voice) (800) 514-0383
(TDD).


The Department's ADA publications are also available
electronically, including ADA regulations and technical
assistance materials, through the Internet or by calling the
Department's electronic bulletin board (BBS).  Materials can be
accessed on the World Wide Web at
http://www.usdoj.gov/crt/ada/adahom1.htm or by using gopher
client software (gopher://justice2.usdoj.gov:70/11/crt/ada).  The
materials can be also downloaded from the Department of Justice
ADA-BBS by dialing (202) 514-6193.  You can also reach this BBS
through the Internet using the telenet fedworld gateway (telenet
fedworld.gov).   At the main menu, choose "U"
(Utilities/Files/Mail), then choose "D" (gateway system) followed
by "D" (connect to gov't sys/database) and then #9 ADA-BBS (DOJ).



(page 2) Common Questions


Illustration:  three lavatories in a public toilet room.  One
lavatory has been made accessible.

Title:  Selected Examples of Barrier Removal

notes for illustration:

Replacing round faucet handles with lever handles

Repositioning the paper towel dispenser

Installing a full-length bathroom mirror or lowering lavatory
mirror

Modifying the front of the counter at the accessible lavatory to
provide wheelchair access

Insulating lavatory pipes under sinks to prevent burns

(page 3) Common Questions

Common Questions:  Readily Achievable Barrier Removal

The ADA requires companies providing goods and services to the
public to take certain limited steps to improve access to
existing places of business.  This mandate includes the
obligation to remove barriers from existing buildings when it is
readily achievable to do so.  Readily achievable means easily
accomplishable and able to be carried out without much difficulty
or expense.

Many building features that are common in older facilities such
as narrow doors, a step or a round door knob at an entrance door,
or a crowded check-out or store aisle are barriers to access by
people with disabilities.  Removing barriers by ramping a curb,
widening an entrance door, installing visual alarms, or
designating an accessible parking space is often essential to
ensure equal opportunity for people with disabilities.  Because
removing these and other common barriers can be simple and
inexpensive in some cases and difficult and costly in others, the
regulations for the ADA provide a flexible approach to
compliance.  This practical approach requires that barriers be
removed in existing facilities only when it is readily achievable
to do so.  The ADA does not require existing buildings to meet
the ADA's standards for newly constructed facilities.

The ADA states that individuals with disabilities may not be
denied the full and equal enjoyment of the "goods, services,
facilities, privileges, advantages, or accommodations"  that the
business provides -- in other words, whatever type of good or
service a business provides to its customers or clients.  A
business or other private entity that serves the public must
ensure equal opportunity for people with disabilities.

In the following section, we answer some of the most commonly
asked questions we receive from our toll-free ADA Information
Line about the barrier removal requirement and how it differs
from those requirements that apply to new construction and
alteration of buildings.

(sidebar)
Individuals with disabilities may not be denied the full and
equal enjoyment of the "goods, services, facilities, privileges,
advantages, or accommodations"

(page 4) Common Questions

I own three buildings, two of which were designed and constructed
prior to the enactment of the ADA.  I have been told I have to
make them all accessible.  Is this true?  Does the ADA require me
to make them all accessible?
The ADA establishes different requirements for existing
facilities and new construction.  In existing facilities where
retrofitting may be expensive, the requirement to provide access
through barrier removal is less than it is in new construction
where accessibility can be incorporated in the initial stages of
design and construction without a significant increase in cost.

The requirement to remove barriers in existing buildings applies
only to a private entity that owns, leases, leases to or operates
a "place of public accommodation."  Further, barriers must be
removed only where it is "readily achievable" to do so.  Readily
achievable means easily accomplishable and able to be carried out
without much difficulty or expense.

( sidebar)
The ADA establishes different requirements for existing
facilities and new construction.

Is my business required to remove barriers?
If your business provides goods and services to the public, you
are required to remove barriers if doing so is readily
achievable.  Such a business is called a public accommodation
because it serves the public.  If your business is not open to
the public but is only a place of employment like a warehouse,
manufacturing facility or office building, then there is no
requirement to remove barriers.  Such a facility is called a
commercial facility.  While the operator of a commercial facility
is not required to remove barriers, you must comply with the ADA
Standards for Accessible Design when you alter, renovate or
expand your facility.

What is a "place of public accommodation"?
A place of public accommodation is a facility whose operations
affect commerce and fall within at least one of the following 12
categories set out in the ADA:

1)   Places of lodging (e.g., inns, hotels, motels) (except for
owner-occupied establishments renting fewer than six rooms);
2)   Establishments serving food or drink (e.g., restaurants and
bars);
3)   Places of exhibition or entertainment (e.g., motion picture
houses, theaters, concert halls, stadiums);
4)   Places of public gathering (e.g., auditoriums, convention
centers, lecture halls);
5)   Sales or rental establishments (e.g., bakeries, grocery
stores, hardware stores, shopping centers);
6)   Service establishments (e.g., laundromats, dry-cleaners,
banks, barber shops, beauty shops, travel services, shoe repair
services, funeral parlors, gas stations, offices of accountants
or lawyers,

(page 5) Common Questions

     pharmacies, insurance offices, professional offices of
health care providers, hospitals);
7)   Public transportation terminals, depots, or stations (not
including facilities relating to air transportation);
8)   Places of public display or collection (e.g., museums,
libraries, galleries);
9)   Places of recreation (e.g., parks, zoos, amusement parks);
10)  Places of education (e.g., nursery schools, elementary,
secondary, undergraduate, or postgraduate private schools);
11)  Social service center establishments (e.g., day care
centers, senior citizen centers, homeless shelters, food banks,
adoption agencies); and
12)  Places of exercise or recreation (e.g., gymnasiums, health
spas, bowling alleys, golf courses).

(sidebar)
The types of facilities listed in each category are examples _
they are not intended to be an exhaustive list of all covered
facilities.

I operate a restaurant that opened in 1991.  The city required
that the restaurant comply with the local accessibility code.  Is
the restaurant "grandfathered" and not required to remove
barriers as required by the ADA?
No.  A restaurant is a public accommodation and a place of public
accommodation must remove barriers when it is readily achievable
to do so.  Although the facility may be "grandfathered" according
to the local building code, the ADA does not have a provision to
"grandfather" a facility.  While a local building authority may
not require any modifications to bring a building "up to code"
until a renovation or major alteration is done, the ADA requires
that a place of public accommodation remove barriers that are
readily achievable even when no alterations or renovations are
planned.

(sidebar)
...the ADA does not have a provision to "grandfather" a
facility...

Do I, as the owner, have to pay for removing barriers?
Yes, but tenants and management companies also have an
obligation.  Any private entity who owns, leases, leases to, or
operates a place of public accommodation shares in the obligation
to remove barriers.

If I do remove barriers, is my business entitled to any tax
benefit to help pay for the cost of compliance?
As amended in 1990, the Internal Revenue Code allows a deduction
of up to $15,000 per year for expenses associated with the
removal of qualified architectural and transportation barriers
(Section 190).

(page 6) Common Questions


The 1990 amendment also permits eligible small businesses to
receive a tax credit (Section 44) for certain costs of compliance
with the ADA.  An eligible small business is one whose gross
receipts do not exceed $1,000,000 or whose workforce does not
consist of more than 30 full-time workers.  Qualifying businesses
may claim a credit of up to 50 percent of eligible access
expenditures that exceed $250 but do not exceed $10,250.
Examples of eligible access expenditures include the necessary
and reasonable costs of removing architectural, physical,
communications, and transportation barriers; providing readers,
interpreters, and other auxiliary aids; and acquiring or
modifying equipment or devices.

(sidebar)
To learn more about tax credits and deductions for barrier
removal and providing accessibility contact the IRS at (800)
829-1040 (voice) or (800) 829-4059 (TDD) or call the Department
of Justice
ADA Information Line (800) 514-0301 voice, (800) 514-0383 TDD.

What design standards apply when I'm removing barriers?
When you undertake to remove a barrier, you should use the
alterations provisions of the ADA Standards for Accessible Design
(Standards).  These Standards were published in Appendix A to the
Department of Justice's Title III regulations, 28 CFR Part 36,
Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities.  Deviations from the
Standards are acceptable when full compliance with those
requirements is not "readily achievable".  In such cases, barrier
removal measures may be taken that do not fully comply with the
Standards, so long as the measures do not pose a significant risk
to the health or safety of individuals with disabilities or
others.

ILLUSTRATION:  As a first step toward removing architectural
barriers, the owner of a small shop decides to widen the shop's
26-inch wide front door.  Because of space constraints the shop
owner can only widen the door to provide a 30-inch clear width,
not the full 32-inch clearance required for alterations under the
Standards.  Full compliance with the Standards is not in this
case readily achievable.  The 30-inch clear width will allow most
people who use crutches or wheelchairs to get through the door
and will not pose a significant risk to their health or safety.

How can I get a copy of the ADA Standards for Accessible Design?

Copies of the regulations, which include the Standards, are
available from the Department of Justice's ADA Information Line
and may also be available in your local library.  The Department
of Justice distributed an ADA Information File containing
regulations and technical assistance materials to over 15,000
libraries nationwide.  Copies of the regulations can be ordered
24 hours a day from the Department's ADA Information line
(1-800-514-0301 Voice or 1-800-514-0383 TDD).

(sidebar)
Copies of the regulations, which include the Standards can be
ordered 24 hours a day from the Department's ADA Information
line.

(page 7) Common Questions


How do I determine what is readily achievable?
"Readily achievable" means easily accomplishable and able to be
carried out without much difficulty or expense.  Determining if
barrier removal is readily achievable is, by necessity, a
case-by-case judgment.  Factors to consider include:

1)   The nature and cost of the action;

2)   The overall financial resources of the site or sites
involved; the number of persons employed at the site; the effect
on expenses and resources; legitimate safety requirements
necessary for safe operation, including crime prevention
measures; or any other impact of the action on the operation of
the site;

3)   The geographic separateness, and the administrative or
fiscal relationship of the site or sites in question to any
parent corporation or entity;

4)   If applicable, the overall financial resources of any parent
corporation or entity; the overall size of the parent corporation
or entity with respect to the number of its employees; the
number, type, and location of its facilities; and

5)   If applicable, the type of operation or operations of any
parent corporation or entity, including the composition,
structure, and functions of the workforce of the parent
corporation or entity.

(sidebar)
..readily achievable will have to be determined on a case-by-case
basis in light of the nature and cost of the barrier removal and
the resources available.

If the public accommodation is a facility that is owned or
operated by a parent entity that conducts operations at many
different sites, you must consider the resources of both the
local facility and the parent entity to determine if removal of a
particular barrier is "readily achievable."   The administrative
and fiscal relationship between the local facility and the parent
entity must also be considered in evaluating what resources are
available for any particular act of barrier removal.


Can you tell me what barriers it will be "readily achievable" to
remove?
The Department's regulation contains a list of 21 examples of
modifications that may be readily achievable.  These include
installing ramps, making curb cuts in sidewalks and at entrances,
repositioning telephones, adding raised markings on elevator
control buttons, installing visual alarms, widening doors,
installing offset hinges to widen doorways, insulating lavatory
pipes under sinks, repositioning a paper towel dispenser,
installing a full-length mirror, rearranging toilet partitions to
increase maneuvering space or installing an accessible toilet
stall.  The list is not exhaustive and is only intended to be
illustrative.  Each of these modifications will be readily
achievable in many instances, but not in all.  Whether or not any
of these measures is readily achievable will have to be
determined on a case-by-case basis in light of the nature and
cost of the barrier removal and the resources available.

(page 8) Common Questions


Does the ADA permit me to consider the effect of a modification
on the operation on my business?
Yes.  The ADA permits consideration of factors other than the
initial cost of the physical removal of a barrier.

ILLUSTRATION:  CDE convenience store determines that it would be
inexpensive to remove shelves to provide access to wheelchair
users throughout the store.  However, this change would result in
a significant loss of selling space that would have an adverse
effect on its business.  In this case, the removal of all the
shelves is not readily achievable and, thus, is not required by
the ADA.  However, it may be readily achievable to remove some
shelves.

If an area of my store is reachable only by a flight of steps,
would I be required to add an elevator?
Usually no.  A public accommodation generally would not be
required to remove a barrier to physical access posed by a flight
of steps, if removal would require extensive ramping or an
elevator.  The readily achievable standard does not require
barrier removal that requires burdensome expense.  Thus, where it
is not readily achievable to do so, the ADA would not require a
public accommodation to provide access to an area reachable only
by a flight of stairs.

I have a portable ramp that we use for deliveries - can't I just
use that?
Yes, you could, but only if the installation of a permanent ramp
is not readily achievable.  In order to promote safety, a
portable ramp should have railings, a firm, stable, nonslip
surface and the slope should not exceed one to twelve (one unit
of rise for every twelve units horizontal distance).  It should
also be properly secured and staff should be trained in its safe
use.

Because one of my buildings is very inaccessible, I don't know
what to fix first.  Is guidance available?
Yes.  The Department recommends priorities for removing barriers
in existing facilities because you may not have sufficient
resources to remove all existing barriers at one time.  These
priorities are not mandatory.  You are free to exercise
discretion in determining the most effective "mix" of barrier
removal measures for your facilities.

(page 9) Common Questions

The first priority is enabling individuals with disabilities to
enter the facility.  This priority on "getting through the door"
recognizes that providing physical access to a facility from
public sidewalks, public transportation, or parking is generally
preferable to any alternative arrangements in terms of both
business efficiency and the dignity of individuals with
disabilities.

The second priority is providing access to those areas where
goods and services are made available to the public.  For
example, in a hardware store these areas would include the front
desk and the retail display areas of the store.

The third priority is providing access to restrooms (if restrooms
are provided for use by customers or clients).

The fourth priority is removing any remaining barriers, for
example, lowering telephones.

(sidebar)
Our priorities for barrier removal are not mandatory.  Public
accommodations are free to exercise discretion in determining the
most effective "mix" of barrier removal measures to undertake in
their facilities.


What about my employee areas?  Must I remove barriers in areas
used only by employees?
No.  The "readily achievable" obligation to remove barriers in
existing facilities does not extend to areas of a facility that
are used exclusively by employees.  Of course, it may be
necessary to remove barriers in response to a request for
"reasonable accommodation" by a qualified employee or applicant
as required by Title I of the ADA.  For more information, contact
the Equal Employment Opportunity Commission (EEOC) which enforces
Title I of the ADA.

How can a public accommodation decide what needs to be done?
One effective approach is to conduct a "self-evaluation" of the
facility to identify existing barriers.  While not required by
the ADA, a serious effort at self-assessment and consultation can
save resources by identifying the most efficient means of
providing required access and can diminish the threat of
litigation.  It serves as evidence of a good faith effort to
comply with the barrier removal requirements of the ADA.  This
process should include consultation with individuals with
disabilities or with organizations representing them and
procedures for annual reevaluations.

(sidebar)
...public accommodations are urged to establish procedures for an
ongoing assessment of their compliance with the ADA's barrier
removal requirements


(page 10) Common Questions


If a public accommodation determines that its facilities have
barriers that should be removed, but it is not readily achievable
to undertake all of the modifications now, what should it do?
The Department recommends that a public accommodation develop an
implementation plan designed to achieve compliance with the ADA's
barrier removal requirements.  Such a plan, if appropriately
designed and executed, could serve as evidence of a good faith
effort to comply with the ADA's barrier removal requirements.

(sidebar)
...when barrier removal is not readily achievable, then goods and
services must be made available through alternative methods, if
such methods are readily achievable.

What if I'm not able to remove barriers at this time due to my
financial situation?  Does that mean I'm relieved of current
responsibilities?
No, when you can demonstrate that the removal of barriers is not
readily achievable, you must make your goods and services
available through alternative methods, if undertaking such
methods is readily achievable.  Examples of alternative methods
include having clerks retrieve merchandise located on
inaccessible shelves or delivering goods or services to the
customers at curbside or in their homes.  Of course, the
obligation to remove barriers when readily achievable is a
continuing one.  Over time, barrier removal that initially was
not readily achievable may later become so because of your
changed circumstances.

     If the obligation is continuing, do you mean there are no
limits on what I must do to remove barriers?
No.  There are limits.  In removing barriers, a public
accommodation does not have to exceed the level of access
required under the alterations provisions contained in the
Standards (or the new construction provision where the Standards
do not provide specific provisions for alterations).

ILLUSTRATION 1:  An office building that houses places of public
accommodation is removing barriers in public areas.  The
alterations provisions of the Standards explicitly state that
areas of rescue assistance are not required in buildings that are
being altered.  Because barrier removal is not required to exceed
the alterations standard, the building owner need not establish
areas of rescue assistance.

(page 11) Common Questions

ILLUSTRATION 2:  A grocery store has more than 5000 square feet
of selling space and prior to the ADA had six inaccessible
check-out aisles.  Because the Standards do not contain specific
provisions applicable to the alteration of check-out aisles one
must look to the new construction provisions of the Standards for
the upper limit of the barrier removal obligation. These
provisions require only two of the six check-out aisles to be
accessible.  Because the store found it readily achievable in
1993 and 1994 to remove barriers and make two of check-out aisles
accessible, the store has fulfilled its obligation and is not
required to make more check-out aisles accessible.

What is the difference between barrier removal and alterations?
Aren't they both very similar?
Not really .  Under the ADA, barrier removal is done by a place
of public accommodation to remove specific barriers that limit or
prevent people with disabilities from obtaining access to the
goods and services offered to the public.  This is an ongoing
obligation for the business that has limits determined by
resources, size of the company and other factors (see pages  7 &
8).  An alteration is replacement, renovation or addition to an
element or space of a facility.  Generally alterations are done
to improve the function of the business, to accommodate a change
or growth in services, or as part of a general renovation.  The
requirements for alterations are greater than those for barrier
removal because the alteration is part of a larger construction
or replacement effort.

One of the buildings that I own is a small factory with offices.

Do I have to make that accessible?
No, commercial facilities such as factories, warehouses, and
office buildings that do not contain places of public
accommodation are considered "commercial facilities" and are not
required to remove barriers in existing facilities.  They are,
however, covered by the ADA's requirements for accessible design
in new construction or alterations.

(Sidebar)
Commercial facilities that do not contain places of public
accommodation are not
required to remove barriers in existing facilities except to
provide access to
employment.


(Page 12 blank)

(Page 13) Design Details

Design Details:  Van Accessible Parking Spaces

Vans equipped with lifts are an essential mode of transportation
for many people who use wheelchairs and three-wheeled scooters.
The lift-equipped van permits people to enter and exit the
vehicle independently without having to leave their wheelchair.

The ADA creates new requirements for van accessible parking
spaces.  The ADA Standards for Accessible Design or Standards
cover public accommodations, commercial facilities and certain
State and local governments.  State and local governments may
choose between these Standards and the Uniform Federal
Accessibility Standards (UFAS).  Because UFAS does not specify
how many van accessible parking spaces are required, only those
State and local governments that have chosen the Standards as
their ADA accessibility standard have specific, numerical
requirements for van accessible parking.  Requirements for State
and local government agencies that have chosen the Uniform
Federal Accessibility Standard (UFAS) are not addressed by this
document.

(Illustration)
A van equipped with a side-mounted wheelchair lift parked in a
van-accessible parking space.  A person using a wheelchair is
getting out of the van using the lift.  The accessible route from
the lift to the sidewalk is marked with a dashed line and arrow
leading to a curb ramp.

(Sidebar)
A Van Accessible Parking Space always has a minimum 96-inch wide
access aisle next to the van

The new requirement for van accessible parking spaces is an
important one for van users but its implementation has caused
some confusion among people responsible for providing parking.

The following section provides information about the design
requirements for van accessible parking spaces and explains when
these spaces are required, what features are required, and where
to locate them on a site.

(page 14) Design Details


Design Requirements for Van Accessible Parking Spaces

Van accessible parking spaces are identical to accessible parking
spaces for cars except for the following:

.    the access aisle must be at least eight-feet wide (as
opposed to five-feet wide) to accommodate a wheelchair lift
mounted at the side of a van;

 .   vertical clearance of at least 98 inches is required along
the vehicular route to the parking space, at the van parking
space, and along the route from the space to the exit to
accommodate the height of most vans; and

.    the required sign must have the words "van accessible" below
the international symbol of accessibility (see 4.6.4 of the
Standards).

Illustration:
Van with side-mounted wheelchair lift parked in a van-accessible
parking space.  The wheelchair lift and a person using a
wheelchair are in the marked access aisle.  Notes (below) are
provided for the sign identifying the accessible parking space,
the vertical clearance and the width of the access aisle.

Title: Unique Features of a Van Accessible Parking Space

Notes:
Sign with symbol of access and "Van Accessible"

98 inch min. vertical clearance for vans along route to space, at
the parking space and along route to exit the site

96 inch min. width access aisle provides space for lift


The other required features of van accessible parking spaces are
the same as those for accessible parking spaces for cars.  These
include:

.    the parking space for the vehicle must be at least 96 inches
wide;

.    the parking space for the vehicle and the entire access
aisle must be level (with a maximum slope of 1:501 in all
directions);

.    the access aisle must have a firm, stable, non-slip surface;



1  (footnote) A 1:50 slope is nearly level and is usually
adequate for drainage.  The ratio means that a change in vertical
height of no more than one unit can occur for every fifty units
of distance.  For example, a change of one inch in height over a
distance of fifty inches.

(page 15) Design Details

.    the access aisle must be part of an accessible route to a
facility or building entrance(s), and

.    a sign that complies with 4.6.4 of the Standards must be
mounted in front of where the vehicle parks to designate the
accessible parking space.


Illustration:
plan view of a van accessible parking space which highlights the
common features of accessible parking spaces (van and car)

Title:
Common Features of all Accessible Parking spaces (van and car)

Notes:
parked vehicle overhangs shall not reduce the clear width of the
accessible route

sign with international symbol of accessibility mounted high
enough so view is not obstructed by parked vehicle

wide access aisle is part of the accessible route to the
accessible entrance and has a firm, stable, non-slip surface

level access aisle and vehicle parking space (max. 1:50 slope in
all directions)

accessible parking spaces are min. 96 inches wide


The access aisle must be located on a 36-inch-wide accessible
route to the building entrance(s).  Section 4.3 of the Standards
contains requirements for accessible routes and includes
specifications for width, passing space to permit two people
using wheelchairs to pass, head room, ground surfaces along the
route, slope, changes in levels, and doors.   The accessible
route must not be obstructed by any objects including vehicles
that may extend into the accessible route, a curb, outdoor
furniture, or shrubbery.

If an accessible route crosses a curb, a curb ramp must be used.
However, a built-up curb ramp may not project into the minimum
required space for the access aisle at an accessible parking
space.  When an accessible route crosses a vehicular way,  a
marked crosswalk may be part of the accessible route.

Illustration:
Example of a sign for a van accessible parking space

Title:
Sample sign for a van accessible parking space

(page 16) Design Details


Location and Dispersion of Parking Spaces

Section 4.6.2 of the Standards requires that accessible parking
spaces, including van accessible spaces, be located on the
shortest accessible route from adjacent parking to the accessible
entrance of the building or facility.  Accessible parking spaces
and the required accessible route should be located where
individuals with disabilities do not have to cross a vehicular
lane.  When parking cannot be located immediately adjacent to a
building and the accessible route must cross a vehicular route,
then it is recommended that a marked crossing must be used where
the accessible route crosses the vehicular route.  In facilities
that have multiple accessible entrances with adjacent parking
spaces, the accessible parking spaces must be dispersed.

When parking spaces are located in a parking garage, the
Standards permit the van accessible parking spaces to be grouped
on one floor (Standards 4.1.2 (5) (b)).

Illustration
Multi-story building with a circular driveway adjacent to the
front entrance and a three level parking garage located across
the street.  The accessible route from the parking garage to the
building entrance is identified.  A note also identifies a
possible location for van accessible parking spaces on the
circular driveway.

Notes:
van accessible parking spaces may be grouped on one level of a
parking structure

possible location for van accessible parking spaces if inadequate
vertical clearance exists in parking garage

(page 17) Design Details

When Van Accessible Spaces are Required

When you provide parking at a newly constructed place of public
accommodation or at a commercial facility you must provide
accessible parking spaces including van accessible parking
spaces.

When you alter or renovate a parking lot or facility the
following may apply.

.    If you repave or otherwise alter the parking lot, you must
add as many accessible parking spaces, including van spaces, as
needed to comply.

.    If you restripe the parking area, you must restripe so that
you provide the correct number of accessible parking spaces,
including van accessible parking.

.    Existing physical site constraints may make it "technically
infeasible" to comply fully with the Standards.  However, in most
cases a "technically infeasible" condition exists only in a
portion of a lot, and other suitable locations for accessible
parking spaces are often available.


Number of Van Accessible Spaces Required

Section 4.1.2 (5) of the Standards specifies the minimum number
of accessible parking spaces to be provided including van
accessible parking spaces.  One out of every eight accessible
spaces provided must be a van accessible space.    When only one
accessible parking space is required, the space provided must be
a van accessible parking space.  Van accessible spaces can serve
vans and cars because they are not designated for vans only.

In larger parking lots, both van accessible and accessible car
spaces must be provided.  For example, in a parking lot for 250
spaces where seven accessible parking spaces are required, one
van accessible space would be required along with six accessible
car parking spaces.  In a parking lot for 450 spaces where nine
accessible spaces are required, then two van accessible spaces
would be required along with seven accessible car parking spaces.

Two van accessible parking spaces may share an access aisle.

(Sidebar)
When accessible spaces are required for new construction and
during alterations, van accessible parking spaces must always be
provided.


(page 18) Design Details

Readily Achievable Barrier Removal:  Van Accessible Parking
Spaces

Public accommodations must remove architectural barriers that are
structural in nature in existing facilities when it is "readily
achievable" to do so.  Readily achievable means easily
accomplishable and able to be carried out without much difficulty
or expense.

The ADA provides flexibility for public accommodations
undertaking barrier removal and does not require that the ADA
Standards for Accessible Design (Standards) be complied with
fully if it is not readily achievable to do so.  Rather, the
Standards serve as guidelines for barrier removal that should be
met if physical conditions and cost permit.  Deviation from the
Standards is permitted unless it results in a safety hazard to
people with disabilities or others.

Because removing barriers to accessible parking generally
involves relatively low cost, it may be readily achievable for
many public accommodations.

Illustration:
View of three parking spaces with a sidewalk located at the front
of the spaces.  None of the parking spaces are accessible.

Title:
Existing parking area without accessible spaces

(page 19) Design Details

If readily achievable, the first accessible parking space that is
provided as part of barrier removal activities should be a van
accessible space.  This type of parking space can be used by both
vans and by cars and can be used by anyone who needs accessible
parking.

Examples of barrier removal related to accessible parking may
include restriping a section or sections of a parking lot to
provide accessible parking spaces with designated access aisles,
installing signs that designate accessible parking spaces,
providing an accessible route from the accessible parking spaces
to the building entrance, and providing a marked crossing where
the accessible route crosses a vehicular way.

Sidebar:
If readily achievable, the first accessible parking space that is
provided should be a van accessible space.


Where parking lot surfaces slope more than 1:50, select the most
nearly level area that is available for the accessible parking
spaces.  When selecting the area for the accessible parking
spaces, consider the location of the accessible route that must
connect the access aisle to the facility's accessible
entrance(s).


Illustration:
Same view of parking spaces after restriping and installation of
a curb ramp and sign.  One of the three parking spaces is now a
96 inch wide access aisle and a curb ramp is located adjacent to
the access aisle.

Title: Same area with van accessible parking space added

Notes:

sign with international symbol of accessibility and "van
accessible"
designates van accessible parking

curb ramp installed outside access aisle area

accessible route to entrance

level access aisle

(Page 20) Design Details


Requirements for readily achievable barrier removal permit
businesses to consider the effect of barrier removal on the
operation of their businesses.

For example, a small independently owned store has only three
parking spaces for its customers.  It determines that restriping
the parking area to provide an accessible parking space could be
easily accomplished without significant expense.  However, to
provide a fully complying van accessible parking space would
reduce the available parking for other customers who do not have
disabilities from three spaces to one.  This loss of parking (not
just the cost of the paint for restriping) can be considered in
determining whether the barrier removal is readily achievable.

The ADA provides flexibility for the store to implement a
solution that complies with the law but does not result in loss
of business.  For example, if it is not readily achievable to
provide a fully compliant van accessible parking space, one can
provide a space that has an access aisle that is narrower than
required by the Standards if the result does not cause a safety
hazard.  Or, the store may provide the service (to a customer
with a disability) in an alternative manner, such as curb service
or home delivery.  In some cases, providing a van accessible
parking space that does not fully comply with the Standards will
often be the preferred alternative approach, if doing so is
readily achievable, because many people with disabilities will
benefit from having a designated accessible parking space, even
if it is not usable by everyone.  If an accessible parking space
is provided with a narrow access aisle, then a "Van Accessible"
sign should not be provided and the store should be prepared to
offer service in an alternative manner, if it is readily
achievable to do so, to van users who cannot park in the space.

sidebar:
Requirements for readily achievable barrier removal permit
businesses to consider the effect of barrier removal on the
operation of their businesses.

(Page 21) Information Sources

Information Sources:  ADA Technical Assistance

The Department of Justice, through the Disability Rights Section,
has responsibility for coordinating government-wide ADA technical
assistance activities.  Information and direct technical
assistance are available from the agencies listed below.  Use the
list to select the agency responsible for ADA requirements in
your area of interest.  Some provide free publications in
addition to other information services.

For State and local government programs, privately-operated
businesses and services, access to facilities, design standards
enforceable under the ADA, and information on tax credits and
deductions contact:

U.S. Department of Justice
ADA Information Line
(800) 514-0301
(800) 514-0383 (TDD)
ADA-BBS:
 (202) 514-6193
Internet:
http://www.usdoj.gov/crt/ada/adahom1.htm
gopher://justice2.usdoj.gov:70/11/crt/ada

For information about Tax Credits and Deductions, contact:

Internal Revenue Service
(800) 829-1040
(800) 829-4059 (TDD)

For employment issues, contact:

Equal Employment Opportunity
Commission (EEOC)
(800) 669-4000
(800) 669-6820 (TDD)

For transportation, contact:

U.S. Department
of Transportation
(202) 366-1656
(202) 366-4567 (TDD)
Internet:
http://www.fta.dot.gov

For information on the ADA Accessibility Guidelines, contact:

Access Board
(800) 872-2253
(800) 993-2822 (TDD)
Internet:
http://www.access-board.gov/

For additional ADA information and referral sources from
Federally funded grantees, contact:

Job Accommodation Network
(800) 526-7234 (V/TDD)
Internet:
http://www.janweb.icdi.wvu.edu/

Disability and Business
Technical Assistance Centers
(800) 949-4232 (V/TDD)

Disability Rights Education
and Defense Fund (DREDF)
(800) 466-4232 (V/TDD)
