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Commercial kitchen accessibility

K

khsmith55

Bronze Member
Joined
Oct 23, 2010
Messages
237
Location
Glenwood Springs, CO
Can someone give me a brief overview of accessibility requirements for commercial kitchens. I have always treated them as an "employee work area", which means you must be able to enter (36" wide path) and exit ("backing out"? no wheelchair turning space, 60"). Would waitress stations have similar requirements? 2006 Ibc
Thanks, Ken
 
28 CFR Part 36, Appendix B to Part 36 - Analysis and Commentary on the 2010 ADA Standards for Accessible Design

206.2.8 of the 2010 Standards exempt common use circulation paths in employee work areas from the requirements of section 402 where it may be difficult to comply with the technical requirements for accessible routes due to the size or function of the area
Common use circulation paths within employee work areas that are less than 1,000 square feet and are defined by permanently installed partitions, counters, casework, or furnishings are exempt. Kitchens in quick service restaurants, cocktail bars, and the employee side of service counters are frequently covered by this exception
 
On my projects (typically QSR's), i provide accessible entry, turning space, and exit. If the turning space is not close to the entry i have a 36" path to the turning area.
 
mark handler said:
28 CFR Part 36, Appendix B to Part 36 - Analysis and Commentary on the 2010 ADA Standards for Accessible Design

206.2.8 of the 2010 Standards exempt common use circulation paths in employee work areas from the requirements of section 402 where it may be difficult to comply with the technical requirements for accessible routes due to the size or function of the area
Common use circulation paths within employee work areas that are less than 1,000 square feet and are defined by permanently installed partitions, counters, casework, or furnishings are exempt. Kitchens in quick service restaurants, cocktail bars, and the employee side of service counters are frequently covered by this exception
Click to expand...

ADA is not directly enforceable by Code Officials (generally). The adopted Code and the Referenced Standard are.
 
It depends Mark, in CA the state architect is directed by GC 4450 to enforce a standard no less than ADASAD at a minimum.
The CBC does not however require barrier removal on existing buildings and sites. That is an ADA requirement.

There in lies the conumdrum, if no work is being done to a pre-ADA building/site it is the owners responsibility to know of the ADA and its requirements.
How are they to know? Therein lies the issue, one of notification on a recurring basis. Who provides/is responsible for providing the notification? How often?
States are directed to comply with the ADA with responsibility to enforce falling to DOJ unless individual states allow for enforcement on a state level (Unrhu), AHJ's only being responsible for the CBC.

The unintended result of Unrhu is to create "Bounty Hunters" who are "rewarded" by law to seek out and file actions against providers of public services. Was this the intent of Unrhu? Maybe not at the time but attempts to cure it have met with considerable resistance. The most recent revision has been SB 269 which has further clarified the circumstances associated with filing claims.

Much of this could have been avoided with ongoing notification to owners, just as we are notified about car license renewals and taxes.
 
& = &

ADAguy,

Unfortunately, that "ongoing notification to owners" would cost the
taxpayers more money ( i.e. - staffing, office resources, materials,
etc. ) and create more levels of bureaucracy.

I do not like the "playing field" as it is today, or as it is developing
in to, ...but IMO, if someone is either in business, or thinking about
going in to business, they should at least have a due diligence report
performed initially, and probably annually........To not do so just
exposes them in one more area........Unfortunately, that is one of
the many costs of owning & operating a business. :(

& = &
 
$ ~ ! ~ $

Continuing with this Topic, ...are Commercial Kitchens
required to comply with ADA compliance [ i.e. - countertop
heights, ...appliance controls heights & graspability,
...circulation paths, ...cabinetry storage of goods,
...electrical switches & equipment control panel switches,
...other ] ?....RE: Section 804, `10 ADASAD.

Please cite your sources !......Thanks !


$ ~ ! ~ $
 
Compliance, as has been noted is a tight rope walk, especially when dealing with new vs existing restaurants.
Starting with a clean sheet and knowing the minimums, there should be no excuse for poor design when designing a new facility.
 
I have a similar scenario as Ken though it is a backbar rather than a commercial kitchen. The health inspector is requiring a hand sink behind the bar (existing bar, 80 years old, no major work over the years which would otherwise trigger accessible upgrades. Don't know why all of a sudden she is requiring this when nothing has changed in decades). Anyway, does this sink need to be 34" max. height or can it match existing work counter height of 36"?
 
If new or an alteration to existing it should comply with 34", then again unless it is requested by an employee of a large bar as opposed to one with 5 or less employees then it might be allowed at 36". The bar does have a lower height section for wheelchair users doesn't it?
 
$ ~ $

ADAguy,

In doing some reading on this topic, what I read
said that it is a "gray area" regarding requiring
full ADA compliance [ with all aspects ] of the
Comm. Kitchen layout \ the back areas of a
restaurant.......As I read it, there seems to be
some "current" limits on design on manufactured
equipment [ design heights & graspability of the
controls ], working spaces designed for fully
able persons versus larger aisles between
equipment & appliances, ...non-slip floors,
...access to stored inventory, etc.

For the most part, it is desired for prepared food
to be prepared & served quickly, not always, but
for the most part, so speed is a critical factor in
assisting in keeping a restaurant business solvent.
I am also not saying that challenged individuals
could not perform in a well thought out & designed
restaurant.....It is just not the "norm".......Access
to electrical panels & controls is also another
issue, not just wall mounted switches.

$ ~ $
 
The bar has fewer than 5 employees. None of the bar top is accessible...all at 42". Bar top has been in place for probably 80 years (original to the building.)
 
Wouldn't the ability to approach, enter and exit a commercial kitchen come into play (IBC 2009: 1103.2.3)?
This ability would give potential door maneuvering clearances on both sides, but not require the route through the space (IBC 2009: 1104.3.1)
Also, if a hand wash sink is provided, wouldn't that possibility be a common use sink? If not used to perform work, shouldn't it be accessible?
 
I would tend to agree with you.

As to 1937 Bar, does it have any historic designation, if not barrier removal is required.
 
The hand sink the health inspector is requiring the owner to install is in the back bar area, an employee only space so would not be used by the public. According to the CA Retail Food Code the hand sink in the bathrooms meets the sink requirement UNLESS major revisions have taken place since 1996, which there have been none. So I am still shaking my head as to why she is requiring one.

Mark, yes there are loose tables at 32" height.

ADAguy...can you please elaborate on the barrier removal? The restrooms are not in compliance, nor is the entry, hall width, levers, bar, etc. An old building that hasn't been remodeled....pre ADA. I am always hit with "what are we required to do" vs. what should we do. Thanks.
 
If you are questioning the official's grounds for requiring a the sink, you are well within your rights to ask for the section that requires it. You can also ask for a written interpretation if the application of the section is unclear. Depending on the official, you may have to put a nice bow on the ask so you don't offend them. We get asked for code interpretations a fair amount and gladly issue them.
 
Do you want the person handling your food to have to go into the bathroom to wash their hands or should it be near their workstation so that it actually happens...?
 
@ @ @


Usually, the State Health Departments "require" the Hand Washing
Sink in the Kitchen Areas.......Whether the State actually enforces
it, or checks the water temps. is another story.


???
 
I agree, having a handsink near food prep makes sense, but according to CA Retail Food code, if the building did not have a handsink near food prep before 1996, it does not need one now, unless the owner remodels. Keep in mind too, this is a bar that happens to have hot pockets, microwave pizzas, mostly prepackaged food and not a fresh food commercial kitchen with cooktop, hood, 3 compartment sink, food prep sink, grease trap, etc. I will recommend to the owner to ask for the section citing the need for the sink. They have given him 90 days to comply. It wouldn't be the first time I have missed fine print somewhere!
 
Lets bring this topic back for discussion.....................California and a commercial kitchen is the area in question, I have a plan reviewer that is asking for accessibility compliance with sections 11B-212 and 11B-804. In addition to sections relating to sink and appliance access.

I believe we are exempt from most accessibility requirements within the kitchen with the exception of a path into the kitchen, a turning circle, and the path back out. 11B-206.2.5 only pertains to "functional areas" I believe we would fall under 11B-206.2.8 Employee Work Areas, exception #2 which eliminates compliance with 11B-402.

anyone have additional scoping or code sections to support this?
 
# # #

JPohling,

You could draft your response letter to the Plan Reviewer
with the Code Sections and Exceptions that you listed.
Provide your reasoning and see if it holds up......If the Plan
Reviewer doesn't agree with your Code sections and
interpretations, ...kindly request an interpretation from the
B.O. and go from there.

# # #
 
I do belive the sinks do need to be accessible if they are "common" space for all users of the kitchen. If The sinks are in an individual's work space then no.
 
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