36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

902 Dining Surfaces and Work Surfaces

Section 902 provides specifications for seating at dining and work surfaces. Clear floor space is required for a forward approach (902.2), and a surface height of 28 to 34 inches is specified (902.3). Alternate specifications for surfaces designed for children’s use are also provided (902.4).

Comment. Commenters expressed concern about use of the terms "dining surfaces" and "work surfaces" and urged the Board to include definitions of the terms in the final rule. Comments considered the term "dining surfaces" insufficient in covering bars where only drinks are consumed. Questions were also raised about the term "work surfaces" which some commenters thought might be misconstrued as applying only to surfaces in employee work areas. Some commenters considered the term too limiting and questioned whether it would apply, as they felt it should, to surfaces used for purposes not necessarily considered "work," such as counters that support credit card readers or video games. These comments urged the requirement to be modified to apply to all built-in tables and counters used by the public for any purpose.

Response. The Board has clarified the application of this section by revising scoping provisions for accessible dining and work surfaces, as discussed above in section 226. The term dining surface has been clarified as applying to those dining surfaces used "for the consumption of food or drink" (226.1). In addition, the Board has indicated in the ADA scoping provisions that the types of work surfaces covered do not include those surfaces used by employees since elements of work stations subject to the ADA are not required to comply with these guidelines (226.1). A similar clarification is not provided in ABA scoping provisions since work stations covered by the ABA are fully subject to the guidelines.

Comment. Persons with disabilities considered the 34 inch maximum height too high for surfaces used for any length of time. These commenters recommended that where only a portion of counters are made accessible, the accessible height should be 31 inches maximum. Some commenters also recommended a higher minimum height of 29 inches instead of 28 inches to allow a more comfortable knee clearance.

Response. The Board has not revised the specified height for dining and work surfaces or the minimum clearances for knee and toe space required below since it believes further research is needed on these long-standing specifications, particularly in relation to people who use scooters and other powered mobility aids. Research on powered mobility aids the Board is currently sponsoring through the Rehabilitation Engineering Research Center on Universal Design will provide information on various fundamental specifications the Board may use in future updates of the guidelines.

Comment. Persons with disabilities considered the 34 inch maximum height too high for surfaces used for any length of time. These commenters recommended that where only a portion of counters are made accessible, the accessible height should be 31 inches maximum. Some commenters also recommended a higher minimum height of 29 inches instead of 28 inches to allow a more comfortable knee clearance.

Response. The Board has not revised the specified height for dining and work surfaces or the minimum clearances for knee and toe space required below since it believes further research is needed on these long-standing specifications, particularly in relation to people who use scooters and other powered mobility aids. Research on powered mobility aids the Board is currently sponsoring through the Rehabilitation Engineering Research Center on Universal Design will provide information on various fundamental specifications the Board may use in future updates of the guidelines.

Comment. Commenters expressed concern about use of the terms "dining surfaces" and "work surfaces" and urged the Board to include definitions of the terms in the final rule. Comments considered the term "dining surfaces" insufficient in covering bars where only drinks are consumed. Questions were also raised about the term "work surfaces" which some commenters thought might be misconstrued as applying only to surfaces in employee work areas. Some commenters considered the term too limiting and questioned whether it would apply, as they felt it should, to surfaces used forpurposes not necessarily considered "work," such as counters that support credit card readers or video games. These comments urged the requirement to be modified to apply to all built-in tables and counters used by the public for any purpose.

Response. The Board has clarified the application of this section by revising scoping provisions for accessible dining and work surfaces, as discussed above in section 226. The term dining surface has been clarified as applying to those dining surfaces used "for the consumption of food or drink" (226.1). In addition, the Board has indicated in the ADA scoping provisions that the types of work surfaces covered do not include those surfaces used by employees since elements of work stations subject to the ADA are not required to comply with these guidelines (226.1). A similar clarification is not provided in ABA scoping provisions since work stations covered by the ABA are fully subject to the guidelines.