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What is NYC BC § 1108.2.9.2?

Quick Answer

This section mandates that dining and drinking counters with seating must provide accessible seating spaces to ensure compliance with accessibility standards. At least one portion of the counter must accommodate two accessible seating spaces, while exceptions apply for shorter counters and specific occupancy types. Applies to building owners of establishments with dining or drinking counters.

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

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1108.2.9.2 Dining and drinking counters.

BC § 1108.2.9.2

Where seating is provided at dining or drinking counters, at least one 60 inch (1524 mm) long portion of the counter shall be provided with two accessible seating spaces. Such accessible seating space shall comply with Section 902 (Dining Surfaces and Work Surfaces) of ICC A117.1, and shall not be located within 40 inches (1016 mm) of either end of the counter, so as to provide individuals with disabilities with the same level of service and experience as that provided to others. Exceptions: 1. Where the linear length of counter is 12 feet (3657.6 mm) or less, one accessible seating space shall be provided, at least 30 inches (762 mm) long, for each accessible seating space required by Section 1108.2.9.1 of this code. Such accessible seating space may be located anywhere along the counter.

2.In Group R-2 occupancies, one accessible seating space shall be provided, at least 30 inches (762 mm) long, for each accessible seating space required by Section 1108.2.9.1 of this code.

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