Each business that requires a license, which appears in the Business Licensing Order, must meet the demands of the planning and construction laws and of the various bodies, in order to obtain the license to operate in its respective field. The myriad of regulations that business must meet includes the Equal Rights for Persons with Disabilities Law (1998). This law is relevant for all businesses which serve the public, regardless of size, and its purpose is promoting human dignity and liberty and preventing social discrimination.
How Does the Equal Rights Law Affect Businesses?
Starting at the end of 2013, each business serving the public is required to meet various accessibility requirements. This will be conducted by the business owner or by a licensed security advisor, and supervised by the local authorities.
The demand is for new buildings only, built as of August 2009. Information regarding implementation will be filled in the designated form and presented for inspection with an accessibility supervisor on behalf of the local authorities. However, there are exceptions, for example when the business owner (or licensed professional) is permitted to check the demands and fill out a form that will be filed with the authorities. This, under the condition that the seating area does not exceed 25 square meters in a new building, or 50 square meters in an existing one, and when the entire space of the business does not exceed 100 square meters.
*This is a very important, significant aspect that was recently added as another condition for business licensing eligibility from the local authority.
Amendment 34 of the Licensing of Business Law, enacted in 2019, provides alternatives or facilitates the Equal Rights Law:
- Deposition: the business owner is permitted to file a verified deposition in which is declares the implementation of the law.
- Accessibility advisor expert opinion: the business owner will file the expert opinion of a licensed building, infrastructure and environment accessibility expert, who confirms that the business implements the accessibility instructions. Such a document is sufficient for obtaining the license and does not require an additional authorization from the licensing supervisor in the municipal authority.
- (New) The business owner (the petitioner) is permitted to request the local authority for its accessibility survey, for a fee (324 NIS, information from April 2020). The authority will then prepare its own expert opinion document based on its own specialists. While this is a relatively cheap service, it might hinder the entire licensing procedure and also provide additional demands.
Despite everything abovementioned, it is recommended to speak with us before taking any steps in the matter.
Main Accessibility Regulations Required to Comply with
This is manifested in the accessibility of the location and of the service. In small businesses, the main points of the accessibility regulations are:
- Adjusting the entrance to the business: the entrance must be completely cleared of trashcans, stands, boxes etc. The free space should measure 150x150 cm, or 170x130 cm. In accordance with the accessibility law, the floor of this space must be made of hard material, with no bumps or cracks.
- Entrance accessibility: it should not require great force to open the door, and the door shall be no less than 90 cm wide. The store level shall not be higher than 2 cm off the sidewalk.
- Service accessibility: the passage to the service counter will be clear, and its width will be no less than 90 cm. The accessible area will be according to the “free space” standard. The service counter will be approximately 90 cm high (and, in any case, lower than 100 cm), and 90 cm long.
- Business accessibility: two stickers in different colors (dark and light) will be put on the business doors, to prevent colliding with the glass. The business’ signs will be clear and legible from the service counter, with large and legible point. The lighting shall be strong enough to light the entire business.
It is important to understand that a business license is not granted to the business itself but rather to the person operating it. Therefore, in the event that the owner leaves or adds a new partner, new plans must be filed. The very fact of the change requires the same person to meet the new regulations and laws, and therefore there is no guarantee that the replacement of someone who ran a licensed business would also be granted a license—this despite the fact that the business did not change its location or essence, unless the owner performs changes to the business, in accordance with the new regulations.
Our firm has the tools and knowledge to deal with the authorities and accompany the business owner in the process of obtaining an accessibility permit. This text is not intended to substitute legal advice and is brought here only in the form of advice.