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.

HB 1055 gives you more time to forget to submit.

The Texas Legislature did accomplish a few things.  One of those is HB 1055 that is headed to the Governor’s desk.

This bill that should go into affect September 1, 2009, changes the deadline for submitting construction documents for TAS review to 20 days after the issue date.  Currently, documents must be submitted to a Registered Accessibility Specialist or TDLR within 5 days of the issue date.

68.50. Submission of Construction Documents. (New rule section effective November 5, 2001, 26 TexReg 8807; amended effective February 1, 2005, 30 TexReg 382; amended effective March 1, 2007, 32 TexReg 884)

(a) An architect, interior designer, landscape architect, or engineer with overall responsibility for the design of a building or facility subject to §469.101 of the Act, shall mail, ship, or hand-deliver the construction documents along with a Proof of Submission form to the department, a registered accessibility specialist, or a contract provider not later than the fifth day after the plans and specifications are issued. In computing time under this subsection, a Saturday, Sunday or legal holiday is not included.

Many design professionals have gotten confused by the definition of “issue“.

(15) Issue–To mail, deliver, transmit, or otherwise release plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for the purpose of construction, applying for a building permit, or obtaining regulatory approval after such plans have been sealed by an architect, interior designer, landscape architect, or engineer. In the case of a state-funded or other public works project, it is the time at which plans or specifications are publicly posted for bids, after such plans or specifications have been sealed by an architect, interior designer, landscape architect, or engineer.

This definition really has nothing to do with the dates that appear on your drawings.  You can sign, seal and label your documents, “Issued for Permit and Construction June 5, 2009″ then stick those drawings under your desk for 6 months.  December 5, 2009 you pull those drawings out and take them to the City for permit.  Even though the documents have an old date, the issue date is December 5, 2009, the date the documents left your control.  If you forget to submit for review, it does not help to change the date on your drawings.

This change in the submission time probably won’t help that many designers.  If you forget to do it in the first week, you will probably forget in the next three weeks.

Don’t forget to send in your Proof of Submission to record that issue date.

Are built-in shoe shine stands required to be accessible?

This post references the Texas Accessibility Standards, but on this issue the ADAAG is the same.

“Is it built-in?” If no, then there are no requirements since TAS does not apply to furniture.

Assuming that it is built-in and therefore subject to TAS, we could look to section 4.32 for fixed or built-in seating and tables. The first section of the chapter reads:

4.32.1 General.(1) Fixed or built-in seating or tables required to be accessible by 4.1 shall comply with 4.32.

Let’s take a look at 4.1 to see if shoe-shine stands are mentioned……flip, flip, flip….flip….

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.

Ok, back to 4.32. …..flip (good thing I kept my finger on the page)…. Here are the remaining sections of 4.32:

4.32.2 Seating. If seating spaces for people in wheelchairs are provided at fixed tables or counters, clear floor space complying with 4.2.4 shall be provided. Such clear floor space shall not overlap knee space by more than 19 in (485 mm) (see Fig. 45).

4.32.3 Knee Clearances. If seating for people in wheelchairs is provided at tables or counters, knee spaces at least 27 in (685 mm) high, 30 in (760 mm) wide, and 19 in (485 mm) deep shall be provided (see Fig. 45).

4.32.4* Height of Tables or Counters. The tops of accessible tables and counters shall be from 28 in to 34 in (710 mm to 865 mm) above the finish floor or ground.

None of these sections impose a requirement on the shoe-shine stand since there are no tables or counters provided. Therefore, the only thing necessary to comply would be to have an accessible route to the stand.

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.