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TAS/ADA Dining Areas. When are Dining Areas required to be on an Accessible Route?
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We will first look at the definitions of "Mezzanine" and "Story" as stated in the 2012 Texas Accessibility Standards. It is important to understand these terms before moving forward. While is may seem elementary, it is important to understand the definition provided in the TAS.
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106.5.38 Mezzanine. An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which the level or levels are located. Mezzanines have sufficient elevation that space for human occupancy can be provided on the floor below.
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106.5.64 Story. That portion of a building or facility designed for human occupancy included between the upper surface of a floor and upper surface of the floor or roof next above. A story containing one or more mezzanines has more than one floor level.
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Next, we will need to look at the scoping requirements in Chapter 2 of the 2012 TAS. There is a subsection in 206 Accessible Routes about Restaurants and Cafeterias.
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206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor dining areas.
EXCEPTIONS:
1. In buildings or facilities not required to provide an accessible route between stories, an accessible route shall not be required to a mezzanine dining area where the mezzanine contains less than 25 percent of the total combined area for seating and dining and where the same decor and services are provided in the accessible area.
2. In alterations, an accessible route shall not be required to existing raised or sunken dining areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities.
3. In sports facilities, tiered dining areas providing seating required to comply with 221 shall be required to have accessible routes serving at least 25 percent of the dining area provided that accessible routes serve seating complying with 221 and each tier is provided with the same services.
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The most common exception I have seen used is exception 1, so that is what I will be focusing on for this newsletter. There are a lot of different circumstances that can prevent you from being able to use this exception.
If the restaurant is located in a building that is not able to use exception 1 in 206.2.3 (code below & newsletter here), then it would not be permissible to use exception 1 in 206.2.5.
Also, the dining area cannot be located on another story. This exception only applies to mezzanines, and it must qualify as a mezzanine by the TAS definition. This means that raised dining areas are out. Mezzanines provide sufficient elevation to allow for human occupancy on the floor below.
Additionally, it must contain less than 25 percent of the total combined seating, and the accessible area would need to offer the same decor and services. Keep in mind that "Decor and Services" can be interpreted many different ways. It is somewhat RAS dependent.
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206.2.3 Multi-Story Buildings and Facilities. At least one accessible route shall connect each story and mezzanine in multi-story buildings and facilities.
EXCEPTIONS:
1. In private buildings or facilities that are less than three stories or that have less than 3000 square feet (279 m2) per story, an accessible route shall not be required to connect stories provided that the building or facility is not a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot or other station used for specified public transportation, an airport passenger terminal, or another type of facility as determined by the U. S. Attorney General. In transportation facilities, any area housing passenger services, including boarding and debarking, loading and unloading, baggage claim, dining facilities, and other common areas open to the public must be on an accessible route from an accessible entrance.
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I hope you now have a better understanding of when dining areas are required to be on an accessible route.
Should you have any questions regarding this newsletter, or another area of accessibility, please feel free to reach out to me.
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