In response to many inquiries from Pennsylvania members of Tri-State AMC, we have prepared the following guidance on the 48” machine height issue to help our members work their way through it.  It is our hope that this will answer the questions and resolve the problems that our members have on this matter.  Please read the following material closely.  If you still have questions, please address them to the NAMA Eastern Regional Office in Herndon, VA.  That phone number is 703-435-1210.

First, some clarifications

1. This is not an issue arising from the Americans with Disabilities Act (ADA ).  Briefly stated, it comes from the PA Uniform Construction Code (UCC) which was passed about ten years ago.  The UCC contained a provision that incorporated another building code, the International Building Code (IBC).  The IBC contains a provision that incorporates yet another building code, the American National Standards Institute (ANSI).  Neither the IBC nor the ANSI are products of any government body, they come from private groups.  About two years ago, the ANSI was changed to require that all controls on all vending machines be no more that 48” from the floor.  That language automatically took on the same status as PA law, and our problem began.

2. The PA Department of Labor and Industry is not doing the building inspections and issuing the citations except in a tiny minority of the cases.  Those inspections are done by local building inspectors in virtually all municipalities in the state.

3. To the best of NAMA’s knowledge, there is only one company that makes a machine that is compliant with the 48” rule.  Dixie-Narco has a glass-front 20 ounce cold drink machine that meets the standard. 

4. This issue did not arise from concerns about wheelchair customers.  If they pull their chairs up to a standard 54” machine, they have sufficient side-reach to be able to operate all controls.  The concern came from the little people whose height does not allow them to reach up to 54”.

What to do if you are cited

Up to this point, all the citations have come from building inspectors who are checking out new construction prior to issuing an occupancy permit.  When they find a machine that exceeds the 48” standard they are ordering that the machine be removed from the building or they will not issue that permit.  So, the first thing to do is to remove the machines and allow your customer to open.

Next, apply for a variance.  Tri-State AMC has worked with the Department of Labor & Industry (L&I) to deal with this situation.  L&I understands that operators cannot get machines that meet the 48” rule.  They know that if the rule is strictly enforced, it will devastate the vending industry in the state.  However they are stuck, because as explained above, that is the current rule in PA.  They have agreed to an expedited process for getting a variance.  We’ll explain how to apply for the variance below.

Third, keep all your paperwork.  In case there is a problem with the variance, you will need to have all documents from the building inspector and L&I, as well as all documents you sent them.  We will not be able to help you unless you have a solid paper trail.

Conclusion

This is a problem that has caused a number of Tri-State AMC members some difficulty because it is virtually impossible to comply with.  We have worked as hard as we can to make the process of getting around the rule as easy and efficient as possible, and we have had good cooperation from L&I in that effort.  We hope that this guidance will help you deal with the situation should it arise for your company.

Please keep the NAMA Eastern Regional Office of any difficulties you may have.

Lou Pace,

President,
Tri-State Automatic Merchandising Council