ADA Laws for self service displays and shelves in retail stores can be confusing depending on the purpose of the installation.

2010 ADA Standard 227.4, [Sales and Service] Food Service Lines, states, “Food service lines shall comply with [Standard] 904.5. Where self-service shelves are provided, at least 50 percent, but no fewer than one, of each type provided shall comply with [Standard] 308.” Standard 308 provides guidance for reach ranges. So where self service displays and shelves are part of a food service line, as in a restaurant or cafeteria, at least 50 percent, but no fewer than one, of each type of shelf provided shall comply with [Standard] 308.” The graphic below is representative of self service shelving in a food service line.

2010 ADA Standard 225.2.2 [Storage] Self-Service Shelving, states, “Self-service shelves shall be located on an accessible route complying with [Standard] 402. Self-service shelving shall not be required to comply with [Standard] 308.” So if the self-service shelving is used for storage, none of the shelves have to comply with reach ranges, according to this Standard.

Advisory 225.2.2 Self-Service Shelving, states, “Self-service shelves include, but are not limited to, library, store, or post office shelves.”

2010 ADA Advisory 225.2, Storage, states, “Types of storage include, but are not limited to, closets, cabinets, shelves, clothes rods, hooks, and drawers. Where provided, at least one of each type of storage must be within the reach ranges specified in [Standard] 308; however, it is permissible to install additional storage outside the reach ranges.”

2010 ADA Standard 225.2, Storage, states, “Where storage is provided in accessible spaces, at least one of each type shall comply with [Standard] 811.”

2010 ADA Standard 811.1, [Storage] General, states, “Storage shall comply with [Standard] 811. Standard 811.2, Clear Floor or Ground Space, states, “A clear floor or ground space complying with [Standard] 305 shall be provided. Standard 811.3, Height, states, “Storage elements shall comply with at least one of the reach ranges specified in [Standard] 308.” Standard 811.4, Operable Parts, states, “Operable parts shall comply with [Standard] 309.” So there is a bit of a conflict here in Standard 811.3 with what is shown above where it is stated “Self-service shelving shall not be required to comply with [Standard] 308.”

Also and unfortunately, the 2010 ADA Standards does not offer a definition for a food service line. Clearly an installation that offers food over a counter should be considered a food service line. But what about the shelved displays of food or goods in a grocery story or any place of business that offers food or goods from shelving such as a gas station or gift shops? The photo below is representative where food and clothing is displayed for sale on shelving.

The 2010 ADA Standards do provide an opportunity for a work-around for barriers that are difficult to overcome in ADA Standard 103, Equivalent Facilitation, which states, “Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.”

Common sense solutions could include placing lightweight items on higher shelves and heavier items on lower shelves and offering the use of a device for reaching high items to improve the usability of a store not only for customers with mobility impairments but also for customers with manual impairments.

Also, signage at the pedestrian entry/exit door(s), at shelving displays, and at a customer service area that advises individuals who need assistance to contact an employee can provide a suitable equivalent alternative under 2010 ADA Standard 103 for Equivalent Facilitation. Furthermore, the ADA Guide for Small Businesses, found at http://www.ada.gov/smbustxt.htm, states “If it is not readily achievable to provide these [food or goods] items in an accessible location, a business can provide staff assistance, if doing so is readily achievable.”

Bottom line, if your facility offers food or goods for patrons make sure you have ample methods in place so disabled individuals can have the same or better access to these items as individuals who are not disabled. See the graphic on the right where an employee is helping a disabled individual at a food buffet. Signage encouraging individuals to ask for assistance may be the most cost effective method to provide this service and avoid discrimination. An example of the signage that could help individuals is shown below.

If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.