ADA Architectural Barriers Examples
ADA requires public accommodations for a disability to include the removal of architectural barriers when it is easy to do without much difficulty or expense. An architectural barrier is any physical feature that is not accessible or impedes accessibility of people with a disability. This can be things like:
- Curbs or steps that do not allow access for people in wheelchairs.
- Sinks, doorknobs, paper towel dispensers, telephones, mirrors, and drinking fountains that are placed too high for people in wheelchairs.
- Doorknobs or controls that impede someone with limited manual dexterity.
- Deep pile carpeting and unpaved outside services (like gravel) can impede access to people in wheelchairs or with walking aids.
- The location of furniture, display racks, and other moveable objects can create a barrier to access.
ADA Communication Barriers Examples
ADA requires public accommodations for a disability to include the removal of communication barriers when it is easy to do without much difficulty or expense. A communication barrier is structural if it is part of the building’s physical structure. This includes things like:
- Signage that is inaccessible to people with visible impairments
- Alarm systems that are audio-only and cannot be accessed by people with hearing impairments.
- Physical barriers that reduce the sound between customers and customers make communication inaccessible for people with limited hearing
- A lack of physical barriers to reduce external noise can also cause a communication barrier for people who have limited hearing.
This section of ADA does not cover the obligation to provide auxiliary aids as these are not structural in nature.
In ADA law, the term facility refers to a building or structure, any equipment, any part of a site (including parking lots, roads, and sidewalk), vehicle, and personal property. It also includes permanent and temporary facilities
ADA Readily Achievable Definition
The wording of ADA Title III requires barriers to be removed only when it is “readily achievable.” This means it must be easily changed, without much expense or difficulty.
The ADA makes similar provisions of “no undue burden” or “no undue hardship” in other titles to account for instances where retrofitting or changes may be expensive or otherwise costly to the business. It requires changes to be made where it is reasonably simple to make changes to create a more accessible environment.
To determine whether removing barriers is readily achievable, business owners should consider the following factors:
- The cost of the change and what it will involve
- The financial resources of the facility
- Safety requirements for the facility and the impact that the change would have on overall safety
- The relationship of the facility to any parent company, entity, or corporation
- The financial resources of the parent company and the size
- The operations of the parent company and workforce function
The resources of both the individual facility and the parent entity will be evaluated in determining if the change is readily achievable. The feasibility of the change will be determined in relation to the resources available.
Readily Achievable Example
There is no easy answer to this question as it is evaluated on a case-by-case basis. Here are a list of examples that the Department have determined are readily achievable in most cases:
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- Moving shelves
- Installing ramps
- Moving furniture
- Repositioning telephones
- Curb cuts for entrances and sidewalk
- Flashing alarm lights
- Raising the button markings for elevator control
- Widening doors or installing offset hinges
- Accessible door hardware
- Removing turnstiles or adding an alternative entrance
- Installing handrails in toilet stalls
- Insulating pipes under sinks
- Increasing maneuvering room in toilet stalls
- Repositioning sinks and towel dispensers
- Installing a raised toilet seat
- Full-length bathroom mirror
- Designating accessible parking spaces
- Removing low-density high pile carpeting
- Installing a paper cup dispenser for water fountains
- Hand controls for company vehicles
Stores and restaurants should also consider rearranging their furniture to ensure wheelchair users can maneuver easily. However, in the case of restaurants, if moving furniture to create more space will cause a significant loss of serving or selling space, it is not required.
The above list is of modifications is not a binding list of modifications that must be made. It is a list of examples that should be readily achievable in most cases. The circumstances will be evaluated on a case-by-case basis.
Must Buildings Be Retrofitted With Elevators?
No, retrofitting an elevator or adding extensive ramping would not be considered “readily achievable.”
Must Businesses Lease Spaces That Are Accessible?
No, this is not a requirement. The space will be subject to the same barrier removal requirements.
Must Barriers Be Removed in Historic Buildings?
If it is readily achievable, yes. However, the barrier removal must not destroy or threaten the building’s historical significance.
Examples of times when a modification would not be readily achievable:
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- When installing a platform lift would threaten elements of the building that are architecturally significant
- When it is easy to remove shelves to provide wheelchair access but doing so would affect the business because of reduced selling space
- When it is inexpensive to paint the parking lot to create accessible parking spaces, but doing so would significantly reduce the available parking spaces.
Title III-4.4300 Standards to Apply
When a business takes steps to remove barriers, its measures should comply with the ADAAG. If full compliance is not readily achievable, then deviations are allowed. For example, a business owner widens the door to make it more accessible but is unable to widen it the full 32 inches required by ADAAG. This is acceptable if it is impossible or unsafe to widen it to the full width.
Title III-4.4400 Continuing Obligation
Business owners have a continuing obligation to remove barriers. If a barrier removal is possible that was not previously possible, the business owner should remove the barrier when circumstances allow.
Title III-4.4500 Priorities for Barrier Removal
A business may not have the resources needed to remove all barriers. Therefore, the ADA gives guidelines to help determine the priorities for barrier removal.
Firstly, the priority should be to allow disabled people to physically enter the facility. This includes parking, public transport, and sidewalks.
Secondly, the next priority is to give access to places where good and services are available to the public. For example, a grocery store should not just be accessible for wheelchair users to enter, but to shop and move around the store.
Thirdly the priority is restroom access if the facility provides restrooms for clients.
Fourthly is to remove barriers to any other public accommodations such as telephone use.
How Can Businesses Identify Existing Barriers?
A business should do a self-evaluation to see what barriers might be present for customers. This is not a requirement but is good practice. Consult with individuals with disability or organizations to help you conduct this evaluation. This will help you to identify the priorities and allocate your resources effectively.
The business owner should also draw up an implementation plan to show that they have plans in place to remove the barriers. This can act as evidence of good faith efforts towards compliance.
Title III-4.4600 Seating in Assembly Areas
In assembly areas such as conference rooms, theatres, and lecture halls that have fixed seating, accommodations must be provided for people in wheelchairs. The seating areas for people in wheelchairs must:
- Provide lines of sight and admission levels similar to those available to everyone else
- Be dispersed throughout the seating area; not all concentrated on one side
- Close to an accessible emergency exit route
- Allows wheelchair users to sit with friends and family
If auditoriums cannot readily achieve wheelchair spaces amongst friends and family, they can provide portable chairs to allow family and friends to sit near the wheelchair user. The auditorium or public assembly should follow the ADAAG guidelines for how many wheelchair seats should be provided. They only need to supply what the guidelines require.
If the venue has a fixed seating capacity of more than 300 people, then the wheelchair seating must be in more than one area of the venue. Where possible, a range of different sightlines and price ranges so wheelchair users have a choice of tickets. Wheelchair tickets should not be at a higher cost than standard tickets in that seating category.
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