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What is NYC BC § 1108.2.9?

Quick Answer

This section mandates that all interior and exterior floor areas in dining and drinking areas must be accessible and on an accessible route. Exceptions apply for certain mezzanine configurations and tiered dining areas in sports facilities. Applies to building owners and operators of dining and drinking establishments.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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1108.2.9 Dining and drinking areas.

BC § 1108.2.9

In dining and drinking areas, all interior and exterior floor areas shall be accessible and be on an accessible route. Exceptions: 1. An accessible route between accessible levels and stories above or below is not required where permitted by Section 1104.4, Exception 1.

2.An accessible route to dining and drinking areas in a mezzanine is not required, provided that the mezzanine contains less than 25 percent of the total combined area for dining and drinking and the same services, and decor are provided in the accessible area.

3.In sports facilities, tiered dining areas providing seating required to be accessible shall be required to have accessible routes serving at least 25 percent of the dining area, provided that accessible routes serve accessible seating and where each tier is provided with the same services and similar view.

4.Employee-only work areas shall comply with Sections 1103.2.2 and 1104.3.1.

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