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
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