What Makes a Dining Table Compliant?

If you own or operate a restaurant and want to avoid a lawsuit, making your seating accessible needs to be a top priority. We have seen the same boiler plate lawsuit filed against restaurants throughout Southern California and tables / bar seating are almost always cited. Dining serves as the primary function of a restaurant and non-accessible tables are easily identified without the use of a tape measure. Restaurants without accessible seating are easy targets for serial litigants.

So what makes a table compliant anyway?

Contrary to popular belief, posting an international symbol of accessibility is not what makes the table accessible. Accessible tables must be installed at the proper height and provide knee clearance. Accessible tables often have either four legs or two legs with 30" clearance between. Tables with a single leg mounted in the center of the table are almost always non-accessible because they obstruct knee and toe clearances. Below are some of the height and width requirements for accessible tables.

1. The table top height cannot be lower that 28" and higher than 34"

2. The knee clearance must be 27" high minimum

3. The knee clearance width must be 30" minimum

4. The knee clearance depth must be 19" minimum

This diagram shows a compliant table

This 30" table is not compliant

In addition to the above requirements; placement, accessible routes and quantity provided in each functional area must also be taken into consideration. We recommend contacting our CASp Experts to evaluate your seating and all of the public elements in your restaurant to ensure that you are compliant with the complex federal and state standards that apply to your business. 

To learn about how a CASp inspection can reduce your exposure to an ADA lawsuit, Click Here.

The Changing Table Dilemma

It is becoming more and more common to find baby changing tables in restaurants and other businesses with public restrooms. As a father, I find that these tables are extremely helpful. In fact, if I have a choice between two restaurants and I know that there is a changing table at one but not the other, I will choose the restaurant with the baby changing table. It is very difficult to find a sanitary place in public to change your child if there is no baby changing table available. Many businesses understand that a need exists for parents and choose to provide this valuable amenity to serve more of their customers.

Unfortunately, many businesses that provide baby changing tables are exposing themselves to an accessibility lawsuit. The ADA and CBC both have strict standards about clear floor space and maneuvering clearances in restrooms. These clearances include; a 30"x48" space in front or the lavatory, a 60"x56" space around the toilet and up to a 54"x60" door clearance. If a baby changing table is located in any of these clearances, the business is out of compliance with accessibility laws. The diagram below shows how an otherwise compliant single user toilet facility simply cannot accommodate a compliant table if it is left in a down position. The same rules apply to multiple user restrooms with an additional requirement that the changing table cannot be located inside an accessible stall compartment. (A common violation)

As CASp inspectors, we always advise that our clients remove barriers to accessibility but baby changing tables come up quite often in our CASp inspection reports and owners are forced to make a tough decision between removing the tables to comply with accessibility laws or exposing themselves to potential lawsuits to serve the needs of parents. 

ADA Standards For Floor-Mats

Floor mats show up in the findings of our CASp reports quite often. The citation is almost always the same; The floor-mat edges are not securely fastened to the ground. While floor-mats are important for slip prevention, all floor-mats are not created equal. Most restaurants use a very thin floor-mat at their entry doors and near the soda fountain area. The thin mats are acceptable when they are brand new but as time goes on and the floor-mats are washed, the edges begin to curl up. Once the edges begin to curl, they are no longer ADA compliant because they can cause wheel entrapment and a tripping hazard. This leaves the business owner exposed to an accessibility lawsuit and a personal injury claim. We advise our clients to invest in thicker, more durable mats that comply with the ADA. The thicker mats are more expensive but they have a much longer life-span. If our clients prefer the thin mats, we recommend inspecting the mat for curling before laying them out every day. For more information about the ADA requirements, see the citation below.

2010 ADAS Section 302.2 - Carpet or carpet tile shall be securely attached and shall have a firm cushion, pad, or backing or no cushion or pad. Carpet or carpet tile shall have a level loop, textured loop, level cut pile, or level cut/uncut pile texture. Pile height shall be 1/2 inch (13 mm) maximum. Exposed edges of carpet shall be fastened to floor surfaces and shall have trim on the entire length of the exposed edge. Carpet edge trim shall comply with 303.