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

226 Dining Surfaces and Work Surfaces

Provisions for access to dining and work surfaces have been revised to:

• further define dining surfaces as those used "for the consumption of food or drink" (226.1)

• clarify that the types of work surfaces covered do not include those surfaces used by employees, since elements of work stations are not required to comply with these guidelines (226.1)

• exempt sales and service counters from this section, which are covered instead by section 227 (226.1, Exception 1)

• exempt check-writing surfaces at inaccessible check-out aisles (226.1, Exception 2)

Comment. These guidelines generally do not require elements of a work station to be accessible. Concern was expressed that the reference to "work surfaces" may be confused as covering surfaces that are part of a work area or station.

Response. Clarification has been added that this section applies to work surfaces that are provided "for use by other than employees." In addition, the Board has specified that the type of dining surface covered are those provided "for the consumption of food or drink."

Comment. Some comments reflected a misunderstanding that this section also applied to sales counters and other elements that are addressed in section 227 (Sales and Service).

Response. The final rule includes two clarifying exceptions. Exception 1 indicates that sales and service counters, which are addressed in section 227 (Sales and Service), are not required to comply with the requirements for dining and work surfaces. Exception 2 acknowledges that check writing surfaces are a type of work surface and that those provided at inaccessible check-out aisles are not required to comply.