American’s With Disabilities Act Requirements for Vending Machines

The 2010 Standards

April 27, 2011

Barbara J. Elkin

Attorney-Advisor

U.S. Department of Justice

Overview

• What’s Old: The 1991 ADA Standards (ADAAG)

• What’s Changed and What Has Not Changed: The 2010 ADA Standards

What’s Old

The Americans with Disabilities Act of 1990

• Provides civil rights protections to persons with disabilities similar to those provided based on race, color, sex, national origin, and religion.

• Provides for equal opportunity for persons with disabilities in public accommodations, employment, transportation, state and local gov’t. services, and telecommunications.

The Americans with Disabilities Actof 1990 – Who is Covered?

• Title II – State and local governmental entities Examples: Programs and services provided by publicly funded schools, colleges and hospitals, government agencies.

• Title III – Private entities that own, lease, or operate facilities that serve the public. (public accommodations). Examples: restaurants, retail stores, hotels, movie theaters, private schools, convention centers, recreation facilities.

Who is covered by the ADA (cont.)

• Vending machine manufacturers are not directly covered by the ADA because they do not qualify as state or local government services or public accommodations.

• However, covered entities that offer vending machine services to their program participants must ensure that those services are accessible to persons with disabilities.

DOJ Regulations Implementing the ADA

• Department of Justice Regulations originally issued, July 26, 1991.

• 28 CFR Part 35 –State and Local government Services

• 28 CFR Part 36 - Public Accommodations and Commercial Facilities

1991 DOJ ADA regulations

• General nondiscrimination requirements.

• Accessibility standards applicable to new construction and alterations.

• Title II - 1991 ADA Standards for Accessible Design (ADAAG) or Uniform Federal Accessibility Standards (UFAS).

• Title III – ADAAG .

• Requirements for program access (title II) and barrier removal (title III) for existing facilities.

Title II –Program Access

• Covered entities required to ensure that their programs and services are accessible to persons with disabilities. In some circumstances this will require structural changes to existing facilities.

• This would include ensuring that vending machine services are accessible.

• Program access obligation runs to the title II entity, not the vending machine manufacturer.

Title III – Barrier Removal

• ADA requires that public accommodations remove architectural barriers in existing facilities when it is "readily achievable.“

• Readily achievable means "easily accomplishable without much difficulty or expense."

• Modification not readily achievable if it requires extensive restructuring, or substantial expense.

Barrier Removal

• Determination made on a case-by-case basis.

• Accessibility standards for barrier removal -use the standards for alterations.

• Barrier removal obligation runs to the public accommodation – not the vending machine manufacturer.

1991 ADA Standards Applicable to Vending Machines

• Standards apply to all fixed elements including those vending machines that qualify as “fixed” equipment.– On accessible route.

– Clear floor space.

– Side reach range – 54 inches (max) and 9 inches (min).

– Forward reach range – 48 inches (max) and 15 inches” (min.)

What’s New (and What Isn’t)!!

Revised Regulations

• DOJ published final rules revising title II and title III regulations on September 15, 2010.

• Revised non-discrimination policies took effect on March 15, 2011.

• But, compliance with revised ADA Standards for Accessible Design (2010 ADA Standards) required as of March 15, 2012.

Revised Rules• Contain revisions to the nondiscrimination

policies.• Adopt revised technical standards for the built

environment – the 2010 Standards.• 2010 Standards contain specific scoping for

vending machines.• 2010 Standards revise the applicable side

reach ranges. Now high side reach is 48 inches max. and low side reach is 15 inches min.

What hasn’t changed

• Requirement for locating vending machines on accessible route with clear floor space.

• Requirements for operable parts.

• Forward reach range requirements.

When do the ADA Standards apply to vending machines?

• ADA Standards apply to “fixed equipment.”• When a public entity or a public

accommodation installs a new vending machine, replaces an existing vending machine, or alters an existing vending machine, if the vending machine is “fixed equipment,” then it must provide a machine that complies with the applicable ADA accessibility standards.

What is Fixed Equipment?

• Equipment that is built into the structure of the building, attached to the wall or floor; not equipment that is freestanding.

• Upside down test.

Why are fixed elements covered?

• Considered part of built environment because they are attached to the facility.

• Currently, standards apply to all fixed elements and spaces in the built environment.

• DOJ recommends they be used as a guide for other non-fixed elements.

When is a vending machine fixed equipment?

• A vending machine does not become “fixed” by virtue of being plugged into the wall.

• If a line of machines are bolted together but not affixed or attached to the building structure in some manner, they are not fixed equipment.

Fixed vs. freestanding equipment

• If, for example, a coffee machine is plumbed into the building’s water system, or attached by electrical conduit (as compared to plugged in) it is “fixed equipment” and covered entities must provide new and altered machines that comply with the 2010 Standards.

Accessibility Requirements for Freestanding Equipment

• If a covered entity provides vending machines that are not fixed (freestanding), it must still ensure that its vending services are accessible so that the service it provides to the public (vending services) are accessible to persons with disabilities.

• Accessible route and clear floor space still required at installation by the Standards (1991 and 2010).

• Freestanding machines should be made accessible to the maximum extent feasible. DOJ recommends that the ADA Standards be used as a guide for these machines as well.

What is an alteration?

• 2010 Standards (and 1991 Standards) define alteration as a change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Must comply with Standards to the maximum extent feasible.

• Alterations include changes due to remodeling, renovation, or changes or rearrangement of structural parts or elements.

What is an alteration?

• Does not include normal maintenance or changes to mechanical or electrical systems unless they affect usability.

• If it is technically infeasible to meet standards when making an alteration, provide accessibility to maximum extent possible.

Existing Vending Machines

• What are the obligations of a public accommodation or a public entity to modify existing vending machines to comply with the revised requirements in the 2010 Standards?

Existing Vending Machines

• Title II Program Access

• Title III Barrier Removal

Relevant Standards for Program Access and Barrier Removal

• Before March 15, 2012, to provide program access through architectural changes, title II entities have option to use either the 1191, 2010 Standards, or UFAS.

• Public accommodations may use either 1991 or 2010 Standards when modifying noncompliant elements to extent readily achievable.

After March 15, 2012

• On or after March 15, 2012, use 2010 Standards for both barrier removal and architectural changes made for program access.

Safe Harbor

• If a building has existing fixed vending machines that complied with the 1991 Standards, and the machines are not altered or replaced, then the public accommodation or public entity is not required to modify those vending machines to bring them into compliance with the 2010 Standards.

Safe Harbor Continued

• But if the covered entity replaces or alters the machines, the Safe Harbor no longer applies and the new or altered machines must comply with the 2010 Standards after March 15, 2012.

Technical Requirements of the 2010 Standards

Vending Machines

Design Principle for Accessibility

• As a general proposition, when designing a product to comply with technical standards, design the product so that all users, with or without disabilities can use the same controls or receive product the same way. Do not require extra steps for persons with disabilities.

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Maintenance of Accessible Features

• Covered entities are required to maintain required accessible features in operable condition .

Scoping (Number required)

Section 228 – Depositories, Vending Machines, Change Machines, Mail Boxes and Fuel Dispensers

“Where provided, at least one of each type of depository, vending machine, change machine, and fuel dispenser shall comply with section 309.

At least one of each type

• If you have a bank of similar machines.

• Machines on different floors

• Machines in different places on a floor.

Section 309 – Operable Parts

• 309.1 GeneralOperable parts shall comply with section 309.

• 309.2 Clear floor space complying with section 305.

• 309.3 Height --within reach ranges in section 308.

• 309.4 Operation .

Clear Floor Space – Section 305

• 305.1 requires accessible floor or ground space complying with section 305.2. (dimensions have not changed).

• Section 302 requires floor or ground space to be stable, firm, and slip resistant.

Clear Floor Space

309.3 Height

• Operable Parts shall be placed within one or more of the reach ranges specified in section 308.

• Within reach range means just that – not above or below.

Forward Reach

• Section 308.2 Forward Reach (Unchanged from 1991).

• High forward reach shall be 48 inches maximum and the low forward reach shall be 15 inches.

Side Reach 308.3

• Where clear floor or ground space allows parallel approach to an element,

– high side reach - 48 inches, and

– low side reach – 15 inches.

Operable Parts - Defined

• Defined in section 106.5.

• “A component of an element used to insert or withdraw objects, or to activate, deactivate, or adjust the element.”

• Examples – buttons, buckets, switches, handles, doors, etc.

Section 309.4

• Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist.

• The force required to activate operable parts shall be 5 pounds maximum.

• Unchanged from 1991.

Can the bottom of a vending bucket be below the reach range?

• Standards require the operable part to be within the reach range.

• Product must be delivered at minimum height of 15 inches to all users.

• This portion of requirement is not changed from 1991 Standards. Reach ranges are required to make element usable.

Do I determine placement of button or switch based on center line or top of

button or switch?

• Entire operable part must be within reach range.

Possible Future Regulatory Activity

• July 26, 2010 - DOJ Advanced Notice of Proposed Rulemaking (ANPRM) soliciting public comments on accessibility of non-fixed equipment and furniture.

• March 22, 2010 - U.S. Access Board ANPRM soliciting public comments for development of guidelines for accessibility of self-service machines (including food service machines).

How is the ADA Enforced?

• Complaints filed with DOJ may be resolved through mediation, formal or informal settlement agreements, or litigation in Federal court. DOJ must attempt negotiated agreement prior to litigation.

• Title II complaints may be initially investigated by designated federal agencies.

• DOJ compliance reviews.

How is the ADA Enforced (Cont’d.)?

• Private individuals have right to sue under the ADA.

• In all cases, enforcement is against covered entity that is subject to the ADA, not manufacturer.

Resources

• ADA Information Line (DOJ):

– 1-800-514-0301 (v); 1-800-514-0383 (TTY)

• ADA Website (DOJ):– www.ada.gov

• National Network of ADA Centers/Disability & Business Technical Assistance Centers (formerly “DBTACs”):– 1-800-949-4232 (Voice and TTY)

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Where to find the 2010 Standards on the DOJ website

• Official DOJ online version (html or pdf)

• http://www.ada.gov/2010ADAstandards_index.htm