Can the Kiosk standing space overlap Travel Path in NYC Building Code?

[Stanovby]

Can the kiosk standing space overlap the travel path in NYC building code? I've done some work for an architect who always wanted to avoid this, but I was looking in the 2022 NYC building code to see if I could find anything about this. Some of my colleagues have said that if there is a fire, there is not going to be anyone there so it is not an issue but I was trying to find out if there is anywhere in the code where they say this is allowed. It just says that the travel path cant have any obstructions.

 

[Yikes]

I can understand why your architect would want to avoid the standing space as a matter of best practice, or even just good practice. However, from a code minimum standpoint, I don't think there's anything that prohibits the path of travel from going through a queuing space.
I assume these lines will have no stanchions, velvet ropes, etc.

 

[ICE]

If the space is shown on the plans as shared, that is obviously an obstruction in the path of travel. Now I suppose that the argument could be made that an obstruction would have to be permanent in nature, Use of the space for a queue could be characterized as a permanent obstruction.

 

[Stanovby]

I can understand why your architect would want to avoid the standing space as a matter of best practice, or even just good practice. However, from a code minimum standpoint, I don't think there's anything that prohibits the path of travel from going through a queuing space.
I assume these lines will have no stanchions, velvet ropes, etc.

No, it is just a temporary space where you order food and then go to a table. i found something in the code that says

but then the argument becomes: is this standing space or more waiting area? I think its more of the latter.

 

[Yankee Chronicler]

Way back, under BOCA the floor area ratio for calculating occupant load in standing-room-only Assembly occupancies was 1 person per 3 square feet. But there was a provision that said there had to be adequate exit access aisles, which were NOT counted in the actual floor space used to calculate the occupant load. This meant that, as architects, we might have to go through multiple trial-and-error scenarios, starting with leaving bare minimum 44-inch exit access paths and calculating an occupant load for all remaining floor area in the room or space. Once we had that occupant load, we than had to check to verify whether 44 inches was adequate. If not we had to increase the exit access width, which reduced the floor area subject to the calculation for occupant load, and thus reduced the occupant load.

Then along came the IBC, and the ratio for standing space became 1 person to 5 square feet and the requirement to provide exit access aisles that didn't count toward the occupiable floor area went away. However, if you look at the IBC Commentary about exist access aisles in restaurants and at bars, there is discussion of keeping the required access aisles beyond a minimum dimension from the bar or tables.

Based on this, I believe that it is appropriate (and necessary) to maintain some minimum space in front of a kiosk that is not part of and does not overlap the required exit access travel path.

 

[bill1952]

If this is true for a kiosk, would it also be true for a vending machine or a video display information/directions?

 

[Stanovby]

This is NYCBC if that makes a difference. Not sure of the history. Maybe the NYCBC was based on IBC? As far as the current code goes I thought the only time a 44" wide path was required was in a corridor. I agree its best practice to keep the standing space outside of the travel path, but is that absolutely required? This is the problem I always seem to run into. I want to do the right thing, but building codes are always open to interpretation and it might just come down to what the person reviewing the drawing says. Some people that I've talked to argue that you are not going to be there long and if there is a fire or some other kind of event nobody is going to be standing there anyway. They will also argue that this isn't standing space like if you were watching a concert, its more like you are waiting to buy a ticket. Before my previous boss passed away, he used to say 2 occupants per kiosk but I'm not sure if that was for a single sided or double sided kiosk.

 

[Yankee Chronicler]

This is NYCBC if that makes a difference. Not sure of the history. Maybe the NYCBC was based on IBC?

According to UpCodes, the 2022 NYCBC is based on the 2015 IBC, so the answer to your question is "Yes." But it is amended, so you always have to see if the amendments affect what the original intent was (and what the IBC Commentray says).

As far as the current code goes I thought the only time a 44" wide path was required was in a corridor.

Ummm ... no.

1005.1 General. All portions of the means of egress system shall be sized in accordance with this section.

Exception: Aisles and aisle accessways in rooms or spaces used for assembly purposes complying with Section 1029.

1005.2 Minimum Width Based on Component. The minimum width, in inches (mm), of any means of egress components shall be not less than that specified for such component, elsewhere in this code.

1005.3 Required Capacity Based on Occupant Load. The required capacity, in inches (mm), of the means of egress for any room, area, space or story shall be not less than that determined in accordance with Sections 1005.3.1 and 1005.3.2.

1005.3.1 Stairways. The capacity, in inches, of means of egress stairways shall be calculated by multiplying the occupant load served by such stairways by a means of egress capacity factor of 0.3 inch (7.6 mm) per occupant. Where stairways serve more than one story, only the occupant load of each story considered individually shall be used in calculating the required capacity of the stairways serving that story.

1005.3.2 Other Egress Components. The capacity, in inches, of means of egress components other than stairways shall be calculated by multiplying the occupant load served by such component by a means of egress capacity factor of 0.2 inch (5.1 mm) per occupant.

1011.2 Width and Capacity. The required capacity of stairways shall be determined as specified in Section 1005, but the minimum width shall be not less than 44 inches (1117.6 mm). See Section 1009.3 for accessible means of egress stairways.

1012.5.1 Width and Capacity. The minimum width and required capacity of a means of egress ramp shall be not less than that required for corridors by Section 1020.2. The clear width of a ramp between handrails, if provided, or other permissible projections shall be 36 inches (914.4 mm) minimum.

1018.1 General. Aisles and aisle accessways serving as a portion of the exit access in the means of egress system shall comply with the requirements of this section. Aisles or aisle accessways shall be provided from all occupied portions of the exit access that contain seats, tables, furnishings, displays and similar fixtures or equipment. The minimum width or required capacity of aisles shall be unobstructed.

Exception: Encroachments complying with Section 1005.7.

1018.3 Aisles in Groups B and M. In Group B and M occupancies, the minimum clear aisle width shall be determined by Section 1005 for the occupant load served, but shall be not less than 36 inches (914.4 mm).

Exception: Nonpublic aisles serving less than 50 people and not required to be accessible by Chapter 11 need not exceed 28 inches (711.2 mm) in width.

1018.4 Aisle Accessways in Group M. An aisle accessway shall be provided on not less than one side of each element within the merchandise pad. The minimum clear width for an aisle accessway not required to be accessible shall be 30 inches (762 mm). The required clear width of the aisle accessway shall be measured perpendicular to the elements and merchandise within the merchandise pad. The 30-inch (762 mm) minimum clear width shall be maintained to provide a path to an adjacent aisle or aisle accessway. The common path of egress travel shall not exceed 30 feet (9144 mm) from any point in the merchandise pad.

From the 2021 IBC Commentary for section 1018.4:

The definition for “Merchandise pad” can be found in
Chapter 2. The idea is that a merchandise pad contains
movable displays and aisle accessways. A surrounding
aisle or permanent walls or displays would
define the extent of the merchandise pad. Large
department stores will have numerous merchandise
pads (see Commentary Figure 1018.4). In accordance
with Section 105.2, Item 13, movable cases, counters
and partitions not over 5 feet 9 inches (1753 mm) in
height do not require a building permit to move, add or
alter, so a merchandise pad can be reconfigured many
times as seasonal projects change, such as moving
from a swimsuit display to a coat display. Every element
within a merchandise pad must adjoin a minimum
30-inch-wide (762 mm) aisle accessway on at
least one side. Travel within a merchandise pad is limited,
with a maximum common path of egress travel of
30 feet (9144 mm). The common path of egress travel
limitation is extended to 75 feet (22 m) in those areas
serving a maximum occupant load of 50. Similar to a
room, the common path of egress travel is the distance
to get from the farthest point inside the merchandise
pad to an aisle where there is a choice of two
ways to move to an exit.

I agree its best practice to keep the standing space outside of the travel path, but is that absolutely required? This is the problem I always seem to run into. I want to do the right thing, but building codes are always open to interpretation and it might just come down to what the person reviewing the drawing says. Some people that I've talked to argue that you are not going to be there long and if there is a fire or some other kind of event nobody is going to be standing there anyway. They will also argue that this isn't standing space like if you were watching a concert, its more like you are waiting to buy a ticket. Before my previous boss passed away, he used to say 2 occupants per kiosk but I'm not sure if that was for a single sided or double sided kiosk.

 

[Stanovby]

I found this on upcodes, but unfortunately I don't have an account so I cant access the diagram. Some of these seem to be talking about something like a movie theatre and not a restaurant.

https://up.codes/viewer/new_york_city/nyc-building-code-2022/chapter/10/means-of-egress#1029.9

https://up.codes/viewer/new_york_city/nyc-building-code-2022/chapter/10/means-of-egress#1029.9.1

In my situation there are 73 seats and 78 occupants based on square footage on the first floor. would that require a 44" wide path to the exit?

 

[Yankee Chronicler]

Is this building an Assembly building, a Mercantile building, or is it mixed uses? The section you cited applies to aisles in places of assembly with stepped seating aisles, such as theaters, arenas, and stadiums. Where in the building is the space you asked about?

 

[Yankee Chronicler]

New York City amended Chapter 1 of the IBC. The NYCBC specifically requires an egress diagram:

107.5 Means of Egress Plans. Floor and roof plans shall show compliance with the requirements of Chapter 10, with sufficient notations indicating egress features and complete egress analysis as required by this code.

Is the partial screen shot you posted taken from your egress plan? There's a lot of information missing. For example, on the lower side of the egress path arrow there are two areas that are both marked using the same diagonal cross hatch. What are these areas?

Above and below the exit doors are two rows of circles. Are these stools for eating at counters?

What are the six objects above the egress path arrow that abut the stair?

Where are the kiosks about which you are asking?

 

[Stanovby]

This is a mixed used building. There is storage in the cellar. It is a restaurant so it is an Assembly, but it also has storage areas. I didn't post the whole space because I was concentrating on the kiosk area. There will also be a hatched area for the front counter. Those are both kiosk areas. The one on the bottom is existing and the one on the top is new. What I was trying to do is determine if this kiosk standing space overlap the required width for the exit. This building was permitted back in 2015-2016 & all we are doing is moving the counter forward & adding the new kiosks.



Here is the existing floor.

 

[Paul Sweet]

I doubt that many people would remain standing in front of the kiosks when there is an actual emergency.

 

[Stanovby]

That seems to be the general opinion. If there is a fire or power failure there is not going to be anyone standing there so there is no issue. Its the same with the front counter or any other standing or waiting area. The entire meaning of an egress path is to get out of a building in the case of an emergency isn't it?