Accessible Work Surfaces and Countertops: When and Where

As is the case with many technical requirements, the confusion is not how to make something accessible but when is it required to be accessible.

Counter-tops are a great example since not all work surfaces are treated equally.

5% of common-use work surfaces are required to have knee clearance and shall not be higher than 34″.

4.1.3(18) If fixed or built-in seating or tables (including, but not limited to, study carrels and student laboratory stations), are provided in an accessible public or common use area, at least five percent (5%), but not less than one, of the fixed or built-in seating areas or tables shall comply with 4.32. An accessible route shall lead to and through such fixed or built-in seating areas, or tables

But sales and service counters can be 36″ high since the person with a disability is not expected to spend much time at a service counter.

Sales and Service Counters, Teller Windows, Information Counters.

(1) In department stores and miscellaneous retail stores where counters have cash registers and are provided for sales or distribution of goods or services to the public, at least one of each type shall have a portion of the counter which is at least 36 in (915 mm) in length with a maximum height of 36 in (915 mm) above the finish floor. It shall be on an accessible route complying with 4.3. The accessible counters must be dispersed throughout the building or facility. In alterations where it is technically infeasible to provide an accessible counter, an auxiliary counter meeting these requirements may be provided.

In a dining area, if fixed counters are provided, then 5% of the fixed counters are required to be accessible, even if accessible tables are provided. There are no technical requirements for loose furniture, the Texas Accessibility Standards and the ADAAG only regulate the fixed seating and tables. This is a common violation in employee break rooms and delis where a bar height counter may be provided for dining and the need for accessible fixed counters is overlooked.

5.1* General.

(1) Except as specified or modified in this section, restaurants and cafeterias, including snack bars and other areas for obtaining or consuming food or drink, shall comply with the requirements of 4.1 to 4.35. Where fixed tables (or dining counters where food is consumed but there is no service) are provided, at least 5 percent, but not less than one, of the fixed tables (or a portion of the dining counter) shall be accessible and shall comply with 4.32 as required in 4.1.3(18).

And as previously discussed, work surfaces that are provided for employees to perform their job are not required to be accessible. There are a few places where this can get confusing. For instance, a working laboratory is not required to have accessible work surfaces, but an almost identical student laboratory is required to have accessible work surfaces since it is not an “employee work area”.  The issue gets fuzzy when you may have a research laboratory at a university where students are receiving credit for working in the lab.  Let the university lawyers figure that one out, it’s what they are paid for.

Contrasting Curb Ramps and Detectable Warnings

To quote the TDLR Technical Memorandum 08-01, “With the intention of harmonizing both State and Federal requirements, the Department issues the following technical clarifications regarding surface texture requirements at curb ramps.”

TM 08-01 then goes on to confuse the issue further by treating differently curb ramps within the public ROW (right of way) and those that are not within the ROW.

From the Texas Accessibility Standards (italics denote a change from the ADAAG):

4.7.4 Surface. Surfaces of curb ramps shall comply with 4.5.

(1) Textures shall consist of exposed crushed stone aggregate, roughened concrete, rubber, raised abrasive strips, or grooves extending the full width and depth of the curb ramp. Surfaces that are raised, etched, or grooved in a way that would allow water to accumulate are prohibited.

(2) For purposes of warning, the full width and depth of curb ramps shall have a light reflective value and texture that significantly contrasts with that of adjoining pedestrian routes.

Contrasting curb ramp on private property.

Per TM 08-01, section 4.7.4(1) & (2) do not apply to curb ramps within the public ROW.  Instead, these curb ramps shall have detectable warnings that comply with section 4.29.2:

4.29.2* Detectable Warnings on Walking Surfaces. Detectable warnings shall consist of raised truncated domes with a diameter of nominal 0.9 in (23 mm), a height of nominal 0.2 in (5 mm) and a center-to-center spacing of nominal 2.35 in (60 mm) and shall contrast visually with adjoining surfaces, either light-on-dark, or dark-on-light.

The material used to provide contrast shall be an integral part of the walking surface. Detectable warnings used on interior surfaces shall differ from adjoining walking surfaces in resiliency or sound-on-cane contact.

The ADAAG(1991) and the revised ADA/ABA Guidelines(2004), do not specify contrast for curb ramps.  The contrast is a requirement for the detectable warnings which are required to be provided on curb ramps.

There is no conflict for curb ramps within the ROW; the contrast is only required on the detectable warnings.  The remainder of the curb ramp may be plain concrete.

If a curb ramp is not located within the ROW, section 4.7.4(2) still applies; the full width and depth of the curb ramp shall contrast with adjoining pedestrian routes even if detectable warnings are not used.

Don’t try too hard to understand it.  This story is not over.

An accessible roll-in shower for two.

A major complaint of building owners is the requirement for accessible showers.   Anytime showers are provided for public or employee use (regardless of job description), an accessible shower is required.   If showers are provided at a refinery locker room, accessible showers are required; a small shower room adjacent to an employee only fitness center…accessible;  a high-end Spa….accessible; even if it’s only provided to gain a LEED* point, an accessible shower is required.

The complaint is that there are only two options for an accessible shower: a 36″x36″ Shower with a folding seat or a Roll-In Shower that is 30″ x 60″ minimum.

Transfer type accessible shower. 36" by 36" fixed dimensions with a seat.

Roll-in shower. 30" by 60" minimum, no seat required.

No one likes to use the smaller shower with the seat because the seat takes up too much space.  The roll-in shower works well for larger gang showers, but it does take up a lot of real estate.

So I came up with this concept: Take a standard roll-in shower, make it a bit bigger than the minimum, add an additional shower head and provide a shower curtain that can divide the shower into two individual showers.  I can’t find anything in the rules that would prevent this design.

A compliant roll-in shower with two curtains and two shower heads.

* Leadership in Energy and Environmental Design.  Showers are sometimes provided to gain a LEED point so that people can presumably ride a bike to work and get cleaned up.

Accessible Means of Egress and Entrances

In a previous post, I had discussed requirements for accessible means of egress in new construction: Grade Level Accessible Exits

While all means of egress are required to be accessible in new construction, it is not a requirement for renovations or alterations.  From the Texas Accessibility Standards:

4.1.6(1)(g) In alterations, the requirements of 4.1.3(9), 4.3.10 and 4.3.11 do not apply.

Section 4.1.3(9) requires accessible exits in the same number as code required exits and permits areas of rescue assistance (ARAs) to be used when conditions preclude accessible exits;

Section 4.3.10 requires that accessible routes shall also serve as means of egress, and;

Section 4.3.11 defines (ARAs).

Therefore, an existing facility that is being altered is only required to have one accessible entrance.  Extra, existing, exits and entrances (nice alliteration) are not required to be made accessible.

Even if an existing entrance is being altered, it is not necessarilly required to be made accessible:

4.1.6(1)(h)* Entrances: If a planned alteration entails alterations to an entrance, and the building has an accessible principal or primary entrance, the entrance being altered is not required to comply with 4.1.3(8), (except to the extent required by 4.1.6(2)), unless the altered entrance will become a principal or primary entrance by design or function. If a particular entrance is not made accessible, appropriate accessible signage indicating the location of the nearest accessible entrance(s) shall be installed at or near the inaccessible entrance, such that a person with disabilities will not be required to retrace the approach route from the inaccessible entrance.

Now according to section 4.1.5, additions are to be regarded as alterations.  But this does not mean that the new exits from an addition are exempt from access.  “Each space or element added to the existing building or facility shall comply with the applicable provisions of 4.1.1 to 4.1.3…” including accessible exits and/or the provision of ARAs.

You may be wondering why accessible means of egress are not required in existing buildings.  But keep in mind that the Standards are a minimum requirement.