A customer who uses a wheelchair needs four things from a small store: a parking space they can get out of, a route down the aisles, a counter they can reach, and a checkout they can use. The federal accessibility standards put a number on each one.
How those numbers bind your store depends on whether the space is new, altered or existing. This article explains that first, then covers counters, check-out aisles, routes and parking. The Counter and Aisle Check, a tape-measure tool, puts the numbers on one page.
It covers the federal rules under Title III of the Americans with Disabilities Act only. Nothing here is legal advice, and a question about your own building belongs with an accessibility specialist or an attorney.
First question: new, altered or existing?
The Department of Justice regulation for businesses open to the public is 28 CFR Part 36. Its definition of a place of public accommodation names “A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment” (28 CFR 36.104), so a convenience store, bodega or small grocer is covered. The regulation then treats a store in one of three ways.
New construction. Under 28 CFR 36.401, discrimination includes “a failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities.” A building in that group must meet the design standards, apart from narrow exceptions such as structural impracticability.
Alterations. Under 28 CFR 36.402, an alteration must be made “so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.” The Department of Justice small business guide gives retail examples of alterations: “restriping a parking lot, moving walls, moving a fixed ATM to another location, installing a new sales counter or display shelves, changing a doorway entrance, replacing fixtures, flooring or carpeting” (ADA Update: A Primer for Small Business).
Existing buildings. For space that has not been built or altered under the standards, the duty is different. 28 CFR 36.304 states: “A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.”
The factors that decide what is readily achievable start with “The nature and cost of the action needed under this part” (28 CFR 36.104). The small business guide puts it plainly: “businesses with more resources are expected to remove more barriers than businesses with fewer resources.” It adds that “The barrier removal obligation is a continuing one”.
A safe harbor protects older work. Under 28 CFR 36.304(d)(2)(i), “Elements that have not been altered in existing facilities on or after March 15, 2012 and that comply with the corresponding technical and scoping specifications for those elements in the 1991 Standards are not required to be modified in order to comply with the requirements set forth in the 2010 Standards.” This article does not quote the 1991 dimensions, so check them before relying on the safe harbor for an older counter.
Why the 2010 numbers matter to every store
The measurements in this article come from the 2010 ADA Standards for Accessible Design. For new construction and alterations they are the rule. For an existing store, barrier removal measures “shall comply with the applicable requirements for alterations” (28 CFR 36.304(d)(1)), and the duty “shall not be interpreted to exceed the standards for alterations” (28 CFR 36.304(g)(1)).
Where full compliance is not readily achievable, a business “may take other readily achievable measures to remove the barrier that do not fully comply with the specified requirements” (28 CFR 36.304(d)(3)), as long as they are safe.
Sales and service counters: the 36-inch rule
Most small stores sell across a counter rather than through supermarket-style lanes, so this rule matters most. Section 227.3 states: “Where provided, at least one of each type of sales counter and service counter shall comply with 904.4.” The phrase to read twice is “at least one of each type”. The advisory note says counter types “include, but are not limited to, order, pick-up, express, and returns.” A store with a register counter and a separate deli counter has two types to check.
Section 904.4 gives two ways to comply, and a counter needs to meet one of them.
Parallel approach (904.4.1). The customer pulls up alongside the counter. The rule: “A portion of the counter surface that is 36 inches (915 mm) long minimum and 36 inches (915 mm) high maximum above the finish floor shall be provided.” A short counter has its own exception: “Where the provided counter surface is less than 36 inches (915 mm) long, the entire counter surface shall be 36 inches (915 mm) high maximum above the finish floor.”
Forward approach (904.4.2). The customer rolls in facing the counter. The rule: “A portion of the counter surface that is 30 inches (760 mm) long minimum and 36 inches (915 mm) high maximum shall be provided.” It adds: “Knee and toe space complying with 306 shall be provided under the counter.” Section 306 states: “Knee clearance shall be 30 inches (760 mm) wide minimum.” A solid-front counter cannot use this option.
The clear floor space. Both options rely on section 305: “The clear floor or ground space shall be 30 inches (760 mm) minimum by 48 inches (1220 mm) minimum.” Section 305.2 adds: “Changes in level are not permitted.” A display bin or a stack of cases in that rectangle defeats the counter.
Where to put the low section. Section 904.2 requires that “All portions of counters required to comply with 904 shall be located adjacent to a walking surface complying with 403.” The advisory note adds: “If a cash register is provided at the sales or service counter, locate the accessible counter close to the cash register”.
Security glazing. For stores that serve through a window, section 904.6 states: “Where counters or teller windows have security glazing to separate personnel from the public, a method to facilitate voice communication shall be provided.”
For an existing counter that cannot be lowered, the small business guide sets an order: “When it is not readily achievable to make a sales or service counter accessible, businesses should provide a folding shelf or a nearby accessible counter. If these changes are not readily achievable, businesses may provide a clip board or lap board until more permanent changes can be made.” The clipboard is the last step, not the first.
One daily habit matters as much as the carpentry. The guide warns that “counters at a cash register must not be cluttered with merchandise or supplies.” The lowered section is often the first place an impulse display lands. If you are planning counter displays with NRS’s guide on how to set up your checkout counter, keep them off the lowered section.
Check-out aisles: a different rule
A check-out aisle is a lane the customer walks through with a counter alongside. Section 227.2 says: “Where check-out aisles are provided, check-out aisles complying with 904.3 shall be provided in accordance with Table 227.2.” Under the table, a store with “1 to 4” aisles of a function needs one accessible aisle, and small stores have an exception: “Where the selling space is under 5000 square feet (465 m2) no more than one check-out aisle complying with 904.3 shall be required.”
The aisle must meet the walking-surface rules in 403. Section 904.3.2 sets a different counter height: “The counter surface height shall be 38 inches (965 mm) maximum above the finish floor or ground. The top of the counter edge protection shall be 2 inches (51 mm) maximum above the top of the counter surface on the aisle side of the check-out counter.”
The line counts too. Section 227.5 states: “Queues and waiting lines servicing counters or check-out aisles required to comply with 904.3 or 904.4 shall comply with 403.” Self-checkout machines are outside this article; NRS’s article on whether a self-checkout kiosk is worth it for a small retail store covers the business side.
Aisles and routes: 36 inches, with exceptions
Section 206.2.1 requires “At least one accessible route” from accessible parking, sidewalks and transit stops to the entrance, and the route continues through the store.
Clear width. Section 403.5.1 states that “the clear width of walking surfaces shall be 36 inches (915 mm) minimum.” It allows short pinch points: “The clear width shall be permitted to be reduced to 32 inches (815 mm) minimum for a length of 24 inches (610 mm) maximum provided that reduced width segments are separated by segments that are 48 inches (1220 mm) long minimum and 36 inches (915 mm) wide minimum.”
U-turns. Where a route turns around “an element which is less than 48 inches (1220 mm) wide”, section 403.5.2 requires that “clear width shall be 42 inches (1065 mm) minimum approaching the turn, 48 inches (1220 mm) minimum at the turn and 42 inches (1065 mm) minimum leaving the turn.” The exception: “Where the clear width at the turn is 60 inches (1525 mm) minimum compliance with 403.5.2 shall not be required.”
Level changes. Section 303 sets three steps for thresholds and lips: “Changes in level of 1/4 inch (6.4 mm) high maximum shall be permitted to be vertical.” Changes “between 1/4 inch (6.4 mm) high minimum and 1/2 inch (13 mm) high maximum shall be beveled with a slope not steeper than 1:2.” And “Changes in level greater than 1/2 inch (13 mm) high shall be ramped”.
Shelves. Section 225.2.2 states: “Self-service shelves shall be located on an accessible route complying with 402. Self-service shelving shall not be required to comply with 308.” Section 308 is the reach-range section. The small business guide agrees that “shelves may be of any height”, because shelves are not subject to the reach range rules. When barriers cannot be removed, 28 CFR 36.305 lists “Retrieving merchandise from inaccessible shelves or racks” as an example of an alternative method.
Keeping the route open. The small business guide says the accessible route “must remain accessible and not be blocked by items such as vending or ice machines, newspaper dispensers, furniture, filing cabinets, display racks, or potted plants.” It adds that “if an aisle is temporarily blocked because shelves are being restocked, staff must be available to assist a customer with a disability who is unable to maneuver through that aisle.”
For existing stores, 28 CFR 36.304(b) names “Repositioning shelves” as barrier removal, with a limit that matters to small stores: “The rearrangement of temporary or movable structures, such as furniture, equipment, and display racks is not readily achievable to the extent that it results in a significant loss of selling or serving space” (28 CFR 36.304(f)).
Parking: count, size, aisle and sign
Parking comes first in the order of priorities for existing stores in 28 CFR 36.304(c)(1), whose examples include “providing accessible parking spaces.” The small business guide states: “You must provide accessible parking spaces for cars and vans if it is readily achievable to do so.”
How many. Section 208.1 applies “Where parking spaces are provided”, so a store with no parking of its own has no count to meet under it. Table 208.2 begins:
| Total spaces in the parking facility | Minimum accessible spaces |
|---|---|
| 1 to 25 | 1 |
| 26 to 50 | 2 |
| 51 to 75 | 3 |
| 76 to 100 | 4 |
Van spaces. Section 208.2.4 states: “For every six or fraction of six parking spaces required by 208.2 to comply with 502, at least one shall be a van parking space complying with 502.” Because a fraction of six includes one, a lot that needs one accessible space needs it to be a van space.
Size and aisle. Section 502.2 states: “Car parking spaces shall be 96 inches (2440 mm) wide minimum and van parking spaces shall be 132 inches (3350 mm) wide minimum”. Its exception allows another layout: “Van parking spaces shall be permitted to be 96 inches (2440 mm) wide minimum where the access aisle is 96 inches (2440 mm) wide minimum.” Under 502.3.1, access aisles “shall be 60 inches (1525 mm) wide minimum”. Under 502.3.2 and 502.3.3 they “shall extend the full length of the parking spaces they serve” and “shall be marked so as to discourage parking in them.” Section 502.4 adds: “Access aisles shall be at the same level as the parking spaces they serve.” Section 502.1 says widths are measured “from the centerline of the markings.”
Signs. Section 502.6 states: “Parking space identification signs shall include the International Symbol of Accessibility complying with 703.7.2.1. Signs identifying van parking spaces shall contain the designation “van accessible.” Signs shall be 60 inches (1525 mm) minimum above the finish floor or ground surface measured to the bottom of the sign.” The smallest lots have an exception in 216.5: “Where a total of four or fewer parking spaces, including accessible parking spaces, are provided on a site, identification of accessible parking spaces shall not be required.” The space and aisle are still required; only the sign is excused.
Two habits undo a compliant lot. The guide warns that “routinely storing a garbage bin or piling snow in accessible parking spaces makes them unusable and inaccessible to customers with mobility disabilities.” Restriping is an alteration, so keep the accessible spaces intact in any lot project. NRS’s article on turning unused store space into revenue covers parking lot ideas; plan those around the accessible spaces.
The Counter and Aisle Check: a tape-measure tool
Step 1. Write down your status. New or altered work must meet the targets in the table. Existing, unaltered space uses them as the target for readily achievable barrier removal.
Step 2. Measure each item and compare.
| What to measure | How | Target (2010 Standards) |
|---|---|---|
| Lowered counter height, each type of counter | Floor to top of counter surface | 36 inches maximum (904.4) |
| Lowered counter length | Along the front edge of the low section | 36 inches minimum, parallel approach; 30 inches minimum, forward approach with knee space (904.4) |
| Knee space (forward approach only) | Width of open space under the counter | 30 inches wide minimum (306) |
| Clear floor space at the low section | Mark a rectangle on the floor | 30 by 48 inches, no level changes, nothing stored in it (305) |
| Check-out lane counter, if any | Floor to counter surface; height of edge lip | 38 inches maximum; lip 2 inches maximum (904.3.2) |
| Aisle and queue width | Narrowest point, including displays | 36 inches minimum; 32 inches allowed for 24 inches maximum (403.5.1) |
| U-turn at an aisle end | Width approaching, at and leaving the turn | 42, 48 and 42 inches, unless 60 inches at the turn (403.5.2) |
| Thresholds and floor lips | Height of the edge | 1/4 inch vertical; up to 1/2 inch if beveled; more needs a ramp (303) |
| Accessible parking space width | Centerline to centerline of the paint | 96 inches car; 132 inches van, or 96 inches with a 96-inch aisle (502.2) |
| Access aisle | Width and length | 60 inches wide (96 inches beside a 96-inch van space), full length, marked, level (502.3, 502.4) |
| Parking sign | Ground to bottom of sign | 60 inches minimum; van accessible designation on van spaces; no sign needed if the site has four or fewer spaces (502.6, 216.5) |
Step 3. Count. Count parking spaces against Table 208.2, and counter types (register, deli, pick-up) against 227.3.
Step 4. Walk the route. Go from the accessible parking space through the entrance, down each aisle to the counter. Note every point under 36 inches, every lip over 1/4 inch, and anything parked in the route.
Step 5. Sort what you found. Use three columns: fix today at little cost (move a display, clear the counter), plan and budget (a lowered counter section, a threshold ramp), and needs professional advice. Follow the regulation’s order: parking and entrance first, then the sales floor and counters.
Step 6. Date the sheet and keep it. The barrier removal duty is continuing, so the sheet is a living record.
Where state law fits
The rules in this article are federal, and the federal regulation does not displace stronger rules. 28 CFR 36.103(c) states: “This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.” If a state or local code is stricter, the stricter rule applies. This article does not summarize any state’s rules; ask your local building department which code applies.
Where the POS fits, and where it does not
A point-of-sale system does not make a counter compliant. One piece of the checkout is worth placing with care, though. NRS’s point-of-sale page describes an optional card reader this way: “Swipe, dip, tap or key in payments using an EMV card reader”. The sections quoted here set no placement rule for a card reader, but as a store practice, put it where a customer at the lowered section can reach it.
What this article leaves out. It does not cover entrances and doors in detail, restrooms, service animals, fuel dispensers, communication with customers who have vision or hearing disabilities, tax incentives or penalty amounts, and it does not discuss website accessibility. It does not quote the 1991 Standards used for the safe harbor. The 2010 Standards and the Part 36 sections were read on ada.gov and on the Legal Information Institute’s copy of the Electronic Code of Federal Regulations on 21 October 2026, and they can be amended.
Frequently asked questions
How high can a checkout counter be under the ADA?
The accessible section of a sales or service counter can be no higher than 36 inches, and it must be at least 36 inches long for a parallel approach or 30 inches with knee space for a forward approach. A check-out aisle counter may be up to 38 inches.
Does an older store have to lower its counter?
Not automatically. An existing store must remove barriers “where such removal is readily achievable”, and an unaltered counter that meets the 1991 Standards falls under the safe harbor. Where lowering is not readily achievable, the small business guide points to “a folding shelf or a nearby accessible counter.”
How wide do store aisles have to be?
The accessible route needs 36 inches of clear width, with pinch points down to 32 inches allowed “for a length of 24 inches (610 mm) maximum”. Shelves themselves “shall not be required to comply with 308”, so they can be any height.
Do I need an accessible parking space if I have only a few spaces?
Under the 2010 Standards, a lot of 1 to 25 spaces needs one accessible space, and it must be a van space. In an existing, unaltered lot, the duty applies where readily achievable. With four or fewer total spaces, “identification of accessible parking spaces shall not be required”, so the sign is excused but not the space.
Key takeaways
- Decide your status first: new construction and alterations meet the 2010 Standards; existing, unaltered space must remove barriers where readily achievable.
- At least one of each type of sales or service counter needs a section 36 inches high maximum and 36 inches long (parallel approach), or 30 inches long with knee space (forward approach).
- That section needs a clear 30 by 48 inch floor space and should sit near the register, free of displays.
- Check-out lane counters may be up to 38 inches, and a store under 5,000 square feet of selling space needs no more than one accessible check-out aisle.
- Aisles and queues need 36 inches of clear width, with 32-inch pinch points allowed for 24 inches or less. Shelves can be any height.
- Under the standards, a lot of 1 to 25 spaces needs one accessible space, and it must be a van space. Lots of four or fewer need no sign.
- State and local codes may be stricter, and the stricter rule applies.
