Accessibler Bar Seating

[CityKin]

I live and work in a historic neighborhood with lots of new bars going into old buildings. I've been the architect on a couple of them. The spaces are tight (16' wide x 50' sometimes) and accessibility is difficult to achieve. Sometimes ramps at the entry and the required toilet rooms eat up a good portion of the space. IMO the 1994 ADA standards got it right. If you provide table service, there should be no need to lower 5' of the bar.

2009,12,15 IBC 1108.2.9.1: Where dining surfaces for the consumption of food or drink are provided, at least 5 percent, but not less than one, of the dining surfaces for the seating and standing spaces shall be accessible and be distributed throughout the facility and located on a level accessed by an accessible route.

The 2015 IBC Commentary says the following: "...There are practical reasons not to require dispersment by type. If you require a high table to be lowered, you no longer have a high table...The issue of whether a portion of the bar or dining counter in a restaurant is required to be lowered is subjective. The assumption is that if other types of seating are provided adjacent to the counter, then services provided at the counter will also be available at the adjacent seating. Therefore, if adequate accessible seating is available adjacent to the bar area, the bar is not required to be lowered. If the bar is the only eating surface in a restaurant, or in a separate room, then a portion of the bar must be made accessible."

 

[Mr. Inspector]

I only enforce 2015 IBC, so I need a section from there.

1109.10 Seating at tables, counters and work surfaces.
Where seating or standing space at fixed or built-in tables, counters or work surfaces is provided in accessible spaces, at least 5 percent of the seating and standing spaces, but not less than one, shall be accessible . In Group I-3 occupancy visiting areas at least 5 percent, but not less than one, cubicle or counter shall be accessible on both the visitor and detainee sides.
Exception: Check-writing surfaces at check-out aisles not required to comply with Section 1109.11.2 are not required to be accessible .

So is a bar the sane thing as a counter?

 

[ADAguy]

Beware the IBC, it continues by some to be seen as a safe harbor from the "law", it is not.

 

[CityKin]

^If I am the architect on a project that 100% meets the building code, I can still be successfully sued for not being accessible? Are there examples of this?

 

[ADAguy]

Ohio architect eh?
Code compliance is not enough in California and I believe most everywhere else. An architect must comply with "all" codes, rules and regulations per our licensing act.
Yes. you can be included even if your plans are both code and ADA compliant.
Yes, you may not be responsible for methods and means but still could be drawn in by plaintiff's counsel under the "shotgun theory".
If you have E & O check with your carrier for coverage limits.