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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I own a convenience store where the fountain machine needs

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I own a convenience store where the fountain machine needs to be replaced. The counter
that the fountain is installed on is 41 inches high. I will need to replace an entire beverage
counter if this height does not meet the requirements. Does the replacement of equipment
require a adjustment in counter height to meet requirements of the american disability act?

Thank you for your question.

Let me first start by clarifying that any building built before the ADA is not "grandfathered". There is no grandfather provision under the ADA and an owner of a public facility is under a duty to renovate to bring the building up to code. Thus, you are already under an obligation to renovate the counter height to bring it into ADA compliance.

The only safe harbor that exists is if the store had been constructed or brought into compliance at one time with the ADA, and then the standard changed. In that circumstance, you would not have to make the renovation unless the renovation was substantial.

So in conclusion, you need to bring the counter height into compliance, as 41 inches has always been too high.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further working together on your questions.

Best Regards,

Customer: replied 3 years ago.

You did not address the second part of the question, does this qualify

for tax credit for completing the counter height change?

I did not see any question regarding a tax credit in your original post.

However, I'd be happy to address that question.

In this situation, bringing the counter into compliance with ADA will qualify for a tax credit for 50% of the expenditure over $250 up to $10,500.
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