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New Construction: Sales and Service Counters

Spoke with both Region VII and the access-board TA, and they concur that, while this is a less than ideal situation, there is nothing in the standards to prohibit this installation, however, they noted that these are the minimum standards and an AHJ can reserve the right to require more than the minimum and may choose stricter enforcement to remain consistent within their jurisdiction. It was also noted that the fold-up/down counter be attached to the sales counter element and not an adjacent wall, and meet the requirements for graspable objects and maximum forces for staff operating the fold-up/down counter.

They also noted that meeting the minimum standards does not guarantee protection from the claims filed in regards to the ADA, and that the business owner is ultimately liable.

According to TA, equivalent facilitation is conceptually directed towards functions, services, and events, and not towards singular elements.

I will discuss this internally to see how we want to proceed and recommend that if we do accept the proposed design we require a letter of acknowledgement and operations regarding this alternative design.

Thanks for all of the input.
 
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