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ADAIN Blog

Interesting articles about ADA, FHA, and ABA compliance inspections by ADA Inspections Nationwide, LLC.

ADA Laws for Fixed Elements versus Non-Fixed Elements

The Americans with Disabilities Act (ADA) laws apply to fixed or built-in elements, not non-fixed elements. 2010 ADA Standards, Title III § 36.406, Standards for new construction and alterations, Scope of Coverage, states, “The 1991 [ADA] Standards and the 2010 [ADA] Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site.”

Non-Fixed Tea Dispensers on Fixed Counter

Non-Fixed Tea Dispensers on Fixed Counter

The photo on the right is a common observation in a small restaurant where the tea dispensers are placed on a food service counter. Because the tea dispensers are not fixed to the counter they do not have to comply with ADA Standards.

In many installations there will be a combination of fixed and non-fixed elements. In the photo on the right the counter is a fixed element and must comply with the ADA Standards. The photo below is also representative where the tea dispenser, drink lid dispenser, and napkin dispenser are not fixed elements but the drink dispenser and counter are fixed or built-in. So the drink dispenser and counter must comply with the ADA Standards but not the tea, drink lid, or napkin dispenser.

Fixed and Built-In Elements and Non-Fixed Elements

Fixed and Built-In Elements and Non-Fixed Elements

So based on the comments above, elements that are not fixed into position or not built-in do not have to comply with the ADA laws. However, in the spirit of the ADA laws, the purpose of which is to provide access to disabled individuals that is equal to or better than the access provided to individuals that are not disabled, elements that are not fixed or built-in should be placed in locations that comply with the Standards, if feasible and reasonable.

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.

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