U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Reserved 


Parking

Van 


Accessible

Common Questions:

Readily Achievable Barrier Removal

Design Details:

Van Accessible Parking Spaces

Technical Assistance

Updates from the U.S. Department of Justice

August 1996

Number 1.

TA

Americans with Disabilities Act
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.
1

Introduction

U. S. Department of Justice

ADA Technical Assistance

Introduction

TA

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.

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).

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).
2

Common Questions

U. S. Department of Justice

ADA Technical Assistance

Repositioning the paper

towel dispenser

Insulating lavatory pipes

under sinks to prevent burns

Selected Examples of Barrier Removal

Modifying the front of the

counter at the accessible

lavatory to provide

wheelchair access

Replacing round faucet

handles with lever handles

Installing a full-length

bathroom mirror or

lowering lavatory mirror
3

Common Questions

U. S. Department of Justice

ADA Technical Assistance

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.

Individuals with

disabilities may not be

denied the full and

equal enjoyment of the

“goods, services,

facilities, privileges,

advantages, or

accommodations”
4

Common Questions

U. S. Department of Justice

ADA Technical Assistance

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.

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 owneroccupied 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,

The ADA establishes

different requirements

for existing facilities

and new construction.

The types of facilities

listed in each category

are examples — they

are not intended to be

an exhaustive list of all

covered facilities.
5

Common Questions

U. S. Department of Justice

ADA Technical Assistance

funeral parlors, gas stations, offices of accountants or lawyers,

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).

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.

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).

...the ADA does not

have a provision to

"grandfather" a

facility...
6

Common Questions

U. S. Department of Justice

ADA Technical Assistance

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.

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).

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.

Copies of the regulations, which include the

Standards can be ordered 24 hours a day

from the Department’s

ADA Information line.
7

Common Questions

U. S. Department of Justice

ADA Technical Assistance

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.

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

...readily achievable

will have to be determined on a case-bycase basis in light of the

nature and cost of the

barrier removal and the

resources available.
8

Common Questions

U. S. Department of Justice

ADA Technical Assistance

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.

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.
9

Common Questions

U. S. Department of Justice

ADA Technical Assistance

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.

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.

...public accommodations are urged to establish procedures for

an ongoing assessment

of their compliance

with the ADA’s barrier

removal requirements.
10

Common Questions

U. S. Department of Justice

ADA Technical Assistance

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.

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.

...when barrier removal

is not readily achievable, then goods and

services must be made

available through alternative methods, if such

methods are readily

achievable.
11

Common Questions

U. S. Department of Justice

ADA Technical Assistance

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 checkout 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.

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.
12

Common Questions

U. S. Department of Justice

ADA Technical Assistance

Design Details
13

Design Details

U. S. Department of Justice

ADA Technical Assistance

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 liftequipped 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.

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.
14

Design Details

U. S. Department of Justice

ADA Technical Assistance

Design Requirements for Van Accessible Parking Spaces

acc

Van Accessible

 98" min

space, aisle &

vehicle route

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

96" min

1 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.

Unique Features of a Van

Accessible Parking Space

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).

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;
15

Design Details

U. S. Department of Justice

ADA Technical Assistance

• 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.

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.

accessible route

96 min


 2440

96 min for Vans


 2440 

36

915

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

sign with international symbol of

accessibility mounted high enough

so view is not obstructed by parked vehicle accessible route

parked vehicle overhangs shall not reduce

the clear width of the accessible route

Sample sign

 for a van accessible

parking space

Reserved 


Parking

Van 


Accessible

Common Features of all Accessible

Parking Spaces (van and car)
16

Design Details

U. S. Department of Justice

ADA Technical Assistance

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)).

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
17

Design Details

U. S. Department of Justice

ADA Technical Assistance

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.

When accessible

spaces are required for

new construction and

during alterations,

van accessible parking

spaces must always

be provided.
18

Design Details

U. S. Department of Justice

ADA Technical Assistance

Existing parking area

without accessible spaces

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.
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Design Details

U. S. Department of Justice

ADA Technical Assistance

Same area

with van accessible

parking space added

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.

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).

level access aisle

accessible route to entrance

curb ramp installed

outside access aisle area

sign with international symbol of

accessibility and "van accessible"

designates van accessible parking

96" min

96" min

If readily achievable,

the first accessible

parking space that is

provided should be a

van accessible space.
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Design Details

U. S. Department of Justice

ADA Technical Assistance

Requirements for

readily achievable

barrier removal permit

businesses to consider

the effect of barrier

removal on the operation of their business.

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.
21 U. S. Department of Justice

ADA Technical Assistance

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)