As a restaurant space owner, you are undoubtedly interested in welcoming as many patrons as possible. If you’re an architect or designer working with a restaurant owner, you’re aware that it will reflect well on you if your work results in more customers. The ADA (Americans with Disabilities Act) requires that any place of business serving the public must make substantial efforts to provide access to all people regardless of their mobility issues or other disabilities. Here’s what you need to know in order to comply with this law and make your restaurant welcoming to everyone who wants to come and eat.
Does the ADA Apply to Me?
Since the ADA went into effect in 1992 and was updated in 2010, it divides businesses up into categories depending on when the business was built. If your restaurant was built prior to 1993, and has not been substantially remodeled since 1992, the ADA requirements for your basic architecture are less strict. After all, you may not be able to have the entire structure rebuilt. However, you will have to change things (such as restaurant tables and painted parking places) that are easily modified. The government enforcers call these changes “readily achievable.” If your building was constructed or modified after 1993, then you have a greater obligation to abide by all construction regulations, because the architect should have been aware of ADA laws.
What Does ADA Compliance Entail?
The ADA addresses anything that creates a barrier for disabled people. The regulations are highly detailed, and they cover everything from stair-steps to doorknob types to counter height. Parking spaces must be level, and at least one space must be eight feet wide in order to accommodate a van. Walkways and aisles have to be spacious, doorways must use certain types of handles and open to a minimum width, and restrooms must follow handicapped access guidelines. The 2010 update of the ADA modifies and adds to some of the original requirements, so it’s essential to make sure you’re following the most recent version of the law.
Table Height and Other Restaurant Issues
Restaurant tables must be high enough to allow someone in a wheelchair to comfortably pull their chair up underneath the tabletop, but not so high that the table is uncomfortable or out of reach. ADA regulations state that the tabletop must be at least 28 inches high, and not more than 34 inches high. The “knee clearance,” or distance from the floor to the underside of the table top, must be at least 27 inches. There must be a clear floor area (for the wheelchair to enter) of 30 inches by 48 inches at each accessible seating space, and this area must extend 19 inches under the table in order to make room for the person’s legs. Restaurant chairs must be movable at accessible tables, so that they can be moved out of the way to make room for a wheelchair. If most of your restaurant’s seating is fixed (as in booths) and cannot be made accessible, in most cases you will be required to make sure that at least 5 percent of all eating surfaces are accessible.
Another important section of the ADA states that accessible seating must be offered in the same restaurant area that everyone else uses. In other words, restaurant owners aren’t allowed to create a special area only for the use of handicapped patrons. If the existing architecture of an older restaurant simply prevents wheelchair access altogether, the restaurant is required to provide curbside or home delivery options and these must be well-publicized.
Tax Credits and Deductions
If you have a small restaurant with fewer than 30 full-time employees and you take in less than $1,000,000 in total annual revenue, you are eligible for a special tax credit when you purchase items to make your business more accessible. This tax credit reimburses you for 50 percent of your qualified expenses in a year, up to a total annual reimbursement of $5000. Restaurants of any size enjoy a tax deduction for architectural barrier removals and modifications. You can find out more by contacting the Small Business Administration or your regional Disability and Business Technical Assistance Center.
