Back Bar Aisle Requirements

[JakeBuildsBars]

I’m finishing up building out a wine bar for a new client.

They already had the bar built out and are having me build the back bar.

They did not have a layout before construction and the original back bar fridge they picked out would have resulted in a 24” back bar aisle.

With the shallow depth fridge I had them pick ou, the clearance between bar and back bar is 27.5", though I may need it slightly less to deal with conduit running along the back wall behind the fridge.

I know there are codes for kitchen aisles, but haven't found anything referring to back bar aisles specifically.

Can anyone offer insight into regulations on this? I'm in Austin TX.

 

[bill1952]

Well, clearly running a foul of accessibility requirements.

 

[JakeBuildsBars]

Most bars aren't setup for disabled folks to work as bartenders. I've built several commercial bars that don't have 4' aisles...

I've read here that "back of house" areas are exempt from ADA requirements, and that's been my experience. https://www.thebuildingcodeforum.com/forum/threads/exemption-for-area-behind-bar.10400/

I'm wondering if building codes have stipulations about minimum clearance in non-kitchen employee areas.

 

[Yankee Chronicler]

Most bars aren't setup for disabled folks to work as bartenders. I've built several commercial bars that don't have 4' aisles...

I've read here that "back of house" areas are exempt from ADA requirements, and that's been my experience. https://www.thebuildingcodeforum.com/forum/threads/exemption-for-area-behind-bar.10400/

I'm wondering if building codes have stipulations about minimum clearance in non-kitchen employee areas.

Under the ADA, a "back bar" area isn't used by the public, so it's exempt from the fundamental ADAAG technical standards. It would fall under the provisions of the ADA addressing individual accommodation for a worker with a disability who can perform the job -- with specific accommodations.

Under the building codes, the technical requirements are found in A117.1 but the scoping comes from Chapter 11 of the IBC. Scoping is in section 1103, and exceptions are in sections 1104 through 1112.

1103.2.2 Employee work areas. Spaces and elements within
employee work areas shall only be required to comply with
Sections 907.5.2.3.1, 1009 and 1104.3.1 and shall be designed
and constructed so that individuals with disabilities can
approach, enter and exit the work area. Work areas, or portions
of work areas, other than raised courtroom stations in accordance
with Section 1109.4.1.4, that are less than 300 square
feet (30 m2) in area and located 7 inches (178 mm) or more
above or below the ground or finished floor where the change
in elevation is essential to the function of the space shall be
exempt from all requirements

 

[bill1952]

As you see, I'm not the only one who pays attention when what xmay be deemed a primary function area is not accessible at all. Were it 3' clear, even with a few permitted tighter spaces, I wouldn't have posted. Just seems like to easy to be challenged.

 

[Yankee Chronicler]

I don't think the back bar area would be considered an area containing a primary function. That said, IBC 1103.2.2 requires that work areas be accessible for entrance and exit, but not necessarily for work (without employee-specific accommodation). However, IBC 1103.2.2 also says that

"Work areas, or portions of work areas, ... , that are less than 300 square feet (30 m2) in area and located 7 inches (178 mm) or more above or below the ground or finished floor where the change in elevation is essential to the function of the space shall be exempt from all requirements."

The way I read that, if the back bar area is 7 inches higher than the barroom floor elevation and the back bar area is under 300 square feet, it's completely exempt.

 

[bill1952]

I don't think the back bar area would be considered an area containing a primary function. That said, IBC 1103.2.2 requires that work areas be accessible for entrance and exit, but not necessarily for work (without employee-specific accommodation). However, IBC 1103.2.2 also says that



The way I read that, if the back bar area is 7 inches higher than the barroom floor elevation and the back bar area is under 300 square feet, it's completely exempt.

Why is the 7" essential? Since this does not seem common what makes it essential in this case?

 

[Yankee Chronicler]

Why is the 7" essential? Since this does not seem common what makes it essential in this case?

I don't know, but that doesn't stop me from guessing.

The underlying intent of the ADA and of the accessibility provisions in the IBC is to make everything accessible. However, the ADA (and thus chapter 11 of the IBC, which is ultimately a codification of the ADA) recognize that it's not always practical to make everything 100% accessible. In the case of a back bar, it's not unusual for the back bar area to be elevated slightly above the barroom floor, so that might apply here.

Why is 7 inches the magic number? Many numbers in the codes are arbitrary choices. Why is 199 feet of exit access travel distance allowable but 201 feet is not? They had to pick a number, and that's what they picked.

My guess is that 7 inches was chosen because it's one step. Anything more than 7 inches would be two (or more) steps. I suppose the committee felt that up to one step wouldn't be overly burdensome to use a ramp for the change in elevation, but over 7 inches would be unreasonably costly.

 

[ICE]

I don't know, but that doesn't stop me from guessing.

I might have been wrong about you.

 

[bill1952]

I've seen bars where the bartender floor was lower but never higher. Makes no sense.

Clearly the OP does not believe a person in a wheel chair or perhaps using a cane or walker can do anything behind the bar - not clean, stock, tend bar, get a glass of ice, or anything, ever.

 

[Yankee Chronicler]

Clearly the OP does not believe a person in a wheel chair or perhaps using a cane or walker can do anything behind the bar - not clean, stock, tend bar, get a glass of ice, or anything, ever.

And that may be correct. A supervisor in a wheelchair may not be able to function as a chef in a restaurant, or run a milling machine in a factory, but IBC section 1103.2.2 still requires that "Spaces and elements within employee work areas shall only be required to comply with Sections 907.5.2.3.1, 1009 and 1104.3.1 and shall be designed and constructed so that individuals with disabilities can approach, enter and exit the work area."

It doesn't say that the person with a disability has to be able to perform the work -- just approach, enter and exit the work area. This is for two reasons: (1) to allow for supervisors to have access to the workers they have to supervise, and (2) to get workers with a disability to the place where the work must be performed. After that, if an individual worker can perform the work with a "reasonable" accommodation, the employer must provide the accommodation. The requirement for employers to provide reasonable accommodation becomes useless if the employee can't get to the place where the work is to be performed.

 

[bill1952]

The OP is in Texas and they have (or did at least a few years ago) their own accessibility standard. All I talk is that the number of wheelchair spaces in assembly did not align with ADA or IBC.