Title III Public Accommodations
Public accommodations include any place the public is expected or invited; restaurants, hotels, theaters, doctor’s offices, retail stores, Libraries and similar establishments.
Penalty for violation of ADA requirements Civil penalties may not exceed $50,000 for a first violation or $100,000 for any subsequent violation.
Information
After January 26, 1993, the provisions of the Americans with Disabilities Act, Title III, dealing with Public Accommodations and Commercial Facilities went into effect, for all size establishments, including those with 10 or fewer employees. Other provisions of the Act cover employment and public services.
Disabled individuals must be able to approach, enter and use the building’s facilities easily and conveniently. New construction must comply with the provisions of the Act regarding accessibility. Physical barriers in existing facilities must be remodeled if “readily achievable” (easily accomplished and able to be carried without much difficulty or expense). If not, alternate methods of providing services must be offered, if those methods are readily achievable. Alterations to existing facilities must be accessible. When alterations to primary function areas are made, an accessible path of travel must be provided to the altered area.
Ramps Ramp slopes between 1:16 and I:20 are preferred. In general 1 :12 is the maximum rise to length ratio permissible. *
New Construction In new construction, all dining areas, including raised or sunken dining areas, loggias and outdoor seating areas shall be accessible. In non-elevator buildings, an accessible means of vertical access to the mezzanine when the areas of the mezzanine seating is no more than 33 percent of the area, the same services and decor are available in an accessible space not restricted to people with disabilities.
Restaurant Compliance
In general, restaurants must comply with the requirement of being accessible. Where fixed tables (or dining counters where food is consumed but there is no service) are provided at least 5%, but not less than 1 of the fixed tables (or a portion of the dining counter) shall be accessible. In new construction and where practicable, accessible tables shall be spread throughout the facility.
Counters and Bars
In areas where food or drink is served at counters exceeding 34” in height for standing customers or customers seated on stools, a portion of the counter 60” minimum in length shall be accessible or service shall be provided at accessible tables within the same area. Food Service line tray slides and food access shall have a maximum height of 34”. Aisles for food service lines shall be a minimum clear width of 36” and preferably 42”. In general 36” is the minimum accessible width for wheelchair users, and some walking aids.
Wood Seating/Metal Seating
Most dining chairs have the recommended 18” seat height for accessibility – See Wood Chairs & Barstools and Metal Chairs & Barstool sections for seat height specifications. Seating with sturdy arms and casters (on front legs only) are more accessible for some persons with disabilities.
Although not a part of ADA requirements, Cart seating products are available with a variety of barrier fabrics, vinylized fabrics, and options to meet other requirements.
Table Tops: Handicap Logo Inlay on laminate table tops provides easy recognition of the seating that is designed for handicapped access. *Handicap Logo Inlay
Wheelchair Seating Requirements
A. Wheelchair seating area.. ........................ 30”
B. Tabletop width ................................. 24” - 42”
C.Customer seating area .................... 18” - 24”
D.Distance to underside of table ................. 30”
E. Tabletop height …….….......................... 31”
Height of work surfaces The tops of tables and work surfaces shall be from 28” to 34” (710 mm to 865 mm) from the finished floor.
Table Bases
Any Carr table base with steel column may be ordered to a special height to comply with accessibility requirements. Base measurements shown are from finished floor to the top of the spider. A drop edge top will require a longer column length to provide minimum wheelchair height clearance.
Wall Mounted Cantilever Base, provides additional clearance for wheelchair radii and accessibility. When used in conjunction with loose seating at 18” seat height, cantilevers provide additional versatility.
Knee Clearances If seating for people in wheelchairs is provided at tables or counters, knee spaces at least 27” (685 mm) high 30” wide, and 19” deep shall be provided with sufficient access aisle width and turning radius for wheelchair access. Preferred seating height for accessibility is 18”.
For More information
Full text of the ADA (28 CFR Part 36; 56 CFR 35544, July 26, 1991), Technical Assistance Bulletins, and Americans with Disabilities Act Accessibility Guidelines are available from:
US Government Printing Office
Washington, DC
ADA Regional Technical Assistance Centers
(several are available nationwide)
Architectural and Transportation Barriers
Complianc0 Board
1331 F Street NW
Suite 1000
Washington, DC. 200044 111
American National Standards Institute
1430 Broadway,
New York, NY 10018
8311 South 200th St., Kent, WA 98032
253.437.1355
800.523.8842
Fax: 253.437.1356