CE Disabled Services

California Title 24 has some very interesting language in it regarding ATMs and
Point of sale machines.  It has been interpreted to cover far more than those
who wrote it may have intended.  Companies are again going to need to make many
things "accessible".  Buttons instead of touch pads.  We shall be looking
forward to any comments.

                 3105A(g)
Automated Teller Machines and Point of Sale Machines

    Interpretation [for Section 3105A(g)]

    Section 3105A(g) is new to Title 24, although the requirement for accessible
ATMs in California is not new. The California State Supreme Court decision in
Donald v. Sacramento Valley Bank states that ATMs are a public accommodation and
are therefore required to be accessible even though Title 24 previously
contained no specific regulations that explained how to provide accessibility.

      Now the ADA also requires accessible ATMS, and section 3105(g) has been
added to Title 24 to comply with ADA but also to reflect the intent of Donald v.
Sacramento Valley Bank in order to avoid legal problems in California.

         Section 3105A(g), continued

     1.     Definitions. A. "Automated teller machine" (ATM) means any
electronic information processing device, including a point of sale machine,
used by a financial institution or other business entity and its customers for
the primary purpose of executing financial transactions between itself and its
customers. For the purposes of this section, automated teller machine includes
point of sale machines used in grocery stores, ticket sales facilities, and
other business entities, but does not include card reading devices located on
fuel pump islands at gasoline service stations and motor vehicle fuel
facilities.

   Interpretation [for Section 3105A(g)lA]

     This definition section gives the parameters of what types of machines are
considered ATMs for the purpose of providing accessibility. Note that the
definition includes point of sale machines, but does not include fuel pump
devices at gasoline service stations.

3105A(g)6.        ATM Equipment for Persons with Vision Impair-
ments. Instructions and all information for use shall be made accessible to and
independently usable by persons with vision impairments.

 3105A(f) Controls and Operating Mechanisms.

See also Sections 210-50(e), 380-8(c) and 760-8.1, California Electrical Code,
for electrical installation.

                    Interpretation [for Section 3105A(f)]

      Previously this section referred to accessibility requirements for light
and control switches, manual fire alarm boxes, and receptacle outlets. Because
ADA now requires all operating controls and mechanisms to be accessible, the
Title 24 terminology has been changed. Controls and operating mechanisms extend
beyond light switches and electrical receptacles to include vending machine
levers and buttons, telephone pushbuttons, and any other device required to
operate a machine, appliance, or element in an accessible facility. Subparagraph
1 below says you must provide accessible controls and operating mechanisms in
all facilities required to be accessible; the reference to section 110-10 sends
you back to the application section to determine whether accessibility is
required in a given facility.