exemption for area behind bar?

[heartofglass]

Just got plans back from our architect showing a 48" work space behind a cocktail bar (space inbetween the equipment and the backbar shelving), and our bar manager is warning us that's a foot too wide (30" to 36" is standard for ergonomics - being able to reach things at the front work station and the backbar where the glassware is, etc). This is in California. I was able to find these statements below in an appendix in the 2010 federal ADA standards which SOUNDS like sometimes exceptions are made for bars. (http://www.ada.gov/regs2010/titleIII_2010/reg3_2010_appendix_b.htm)

"Several exceptions to section 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...

"...Machinery and equipment are permitted to reduce the clear width of common use circulation paths where the reduction is essential to the function of the work performed. Machinery and equipment that must be placed a certain way to work properly, or for ergonomics or to prevent workplace injuries are covered by this exception....

"...Nothing in the 2010 Standards requires all circulation paths in non-exempt areas to be accessible. The Department recognizes that building codes and fire and life safety codes, which are adopted by all of the states, require primary circulation paths in facilities, including employee work areas, to be at least 36 inches wide for purposes of emergency egress. Accessible routes also are at least 36 inches wide. Therefore, the Department anticipates that covered entities will be able to satisfy the requirement to provide accessible circulation paths by ensuring that their required primary circulation paths are accessible."

The bar is about 20 feet long. I'm having a hard time imagining someone in a wheelchair tending a busy bar, gathering and washing dishes, and maneuvering the anti-fatigue mats other employees need behind the bar. Or reaching the top shelf liquor. I have a disability that prevents ME from efficiently working behind the bar as well, which is why I'm the bookkeeper. :-? To me a reasonable accomodation would be having someone in a wheelchair, or someone like me, perform a different job that does NOT involve tending bar, for goodness' sake.

 

[mark handler]

Being in California you need to refer to the California Building Code, not the ADA.

And yes the "work space" can be 36" wide. "Back of House" areas are exempt, BUT reasonable accommodations must be made if one of the employees becomes disabled, of a disabled employee is hired.

Also note:

A portion of the customer portion of the counter MUST be lowered

 

[steveray]

I'd agree with Mark...

 

[ADAguy]

Ditto: T-I issue vs T- III, and fatigue matts wouldn't be necessary for a wheeler (smiling)

 

[mark handler]

Ditto: T-I issue vs T- III, and fatigue matts wouldn't be necessary for a wheeler (smiling)

I hope no bars in Title 1's

 

[heartofglass]

Ditto: T-I issue vs T- III, and fatigue matts wouldn't be necessary for a wheeler (smiling)

Well, of course not! They're for all the other employees - my point was that fatigue mats would be hard for a wheelchair to navigate and I'd have to get rid of them if someone in a wheelchair was hired as a bartender, and move everything so that it was more accessible for the wheelchair and less accessible and non-ergonomic for other employees, which doesn't seem fair. Again, this is coming from a disabled person (myself) with mobility issues. Everything else is wheelchair accessible, but I'm not going to design the bar for ME, it's for the bartenders I hire to do the work I can't reasonably do. If that makes sense, which it really should.

 

[ADAguy]

Sense ='s accommodation; design to accommodate the users on either side and you will comply with T-I and T-III

 

[heartofglass]

Just found this: "The title I employment provisions apply to private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees." We're a private employer w/ less than 15 employees so Title I accomodations behind the bar should not apply, is that what you mean by T-I vs T-III, Mark?

ADAguy: We WILL have a lowered 5' long portion of the bar, per code, for customers, and everything accessed by customers will be up to code. If we found an experienced bartender in a wheelchair and hired them, we would have to rearrange everything so that it was pretty user-unfriendly and non-ergonomic for the rest of the staff, so if we don't have to, I'd rather not design the behind-the-bar area for wheelchair use and instead focus on making it ergonomic for the staff that we do have. I'd rather cross that bridge when I get to it and have a well functioning bar for now, with happy employees.

I sent our architect the exemptions I posted above, and she says "The code reference is a good start, although we need to update it to 2013 code. Usually he insists on 48" in commercial kitchens." Commercial kitchen is a little different than a cocktail bar, though, no? Also, we have a max occupancy of less than 75 people, if that matters.

Now I can't seem to find the 2010 appendix in the 2013 code, ugh. Anyone know where I can find this clearly spelled out?

 

[nitramnaed]

T1 Employment

T2 Public Facilities

T3 Accommodations

I think that's it.

 

[ADAguy]

H.O.G., back of bar similar to back of house, employee work station. Let the qualified apply and only then modify as necessary to accommodate.

We always seem to only consider "wheelers" but disabilities come in many flavors. Not all bartenders are tall?