# Another food retail accessibility question - concession stand



## Yikes (Oct 24, 2017)

I am designing a new concession building for a city park (baseball field).  They basically sell prepackaged food (soda cans,, candy bars, chips, etc.)
The customer side will be fully accessible.  Inside the concession "kitchen", I had been treating the accessibility as an "employee work area", subject only to CBC 11B-206.2.8 (and thus 11B-402 for circulation).  The main components (freestanding commercial scullery sink, commercial refrigerator) were not themselves accessible

Last week, the city told me they intend for the concession building to be staffed not by city employees, but by volunteers from the public, e.g. little league parents.  
*Does this mean that this is no longer an "employee work area", and all kitchen components need to be accessible?*  (Shallow sink bowls with knee clearance below, refrigerator temperature controls within reach, etc.?)


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## Pcinspector1 (Oct 24, 2017)

I think it's an Employee Work Area and has to be made accessible based off the definitions section of the IBC.

IBC, 1103.2.3 exemption for less than 300 sf, does the CBC have something like this.


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## Francis Vineyard (Oct 24, 2017)

Would you interpret Volunteer Fire Houses as having no Employee Work Areas?

Though the definition of employee provides for compensation, I think the intent are for areas that are not opened to the public. The code commentary makes reference to  Public-use areas for further information on differences.


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## ADAguy (Oct 24, 2017)

Yikes of CA, even those with disabilities volunteer; as such controls they use and the heights and reach ranges to them must comply.


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## mark handler (Oct 24, 2017)

Yikes said:


> I am designing a new concession building for a city park (baseball field).  They basically sell prepackaged food (soda cans,, candy bars, chips, etc.)
> The customer side will be fully accessible.  Inside the concession "kitchen", I had been treating the accessibility as an "employee work area", subject only to CBC 11B-206.2.8 (and thus 11B-402 for circulation).  The main components (freestanding commercial scullery sink, commercial refrigerator) were not themselves accessible
> 
> Last week, the city told me they intend for the concession building to be staffed not by city employees, but by volunteers from the public, e.g. little league parents.
> *Does this mean that this is no longer an "employee work area", and all kitchen components need to be accessible?*  (Shallow sink bowls with knee clearance below, refrigerator temperature controls within reach, etc.?)


Yes it is no longer an individual work space. Yes, IMPO, It must be accessible.
Provide a 36 inch accessible portion, on both sides.


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## steveray (Oct 25, 2017)

Even if it were exempted under employee work area, you would have to make that "reasonable accommodation" the first time you had a volunteer/ employee that needed it...Do it right the first time...Or continue to discriminate, doesn't matter to me.


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## ADAguy (Oct 25, 2017)

Got it "Yikes"?


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## Yikes (Oct 25, 2017)

steveray said:


> Even if it were exempted under employee work area, you would have to make that "reasonable accommodation" the first time you had a volunteer/ employee that needed it...Do it right the first time...Or continue to discriminate, doesn't matter to me.


Wait a minute - - I understand about public access - - but even if it _were_ exempted as an employee work area?

You mean all those commercial kitchens out there with 12" deep scullery sinks to wash deep pots would need to change out or add a 4-6" deep scullery sink if a person in a wheelchair requested it as a reasonable accommodation?
All those commercial refrigerators with controls placed up high (so that no one will accidentally change temperature in violation of health code) would also need to be changed to meet ADA, if an employee requested it?


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## Rick18071 (Oct 26, 2017)

I always wondered if a employee meant a employee of the company that is running the business or could the employee also could be a contractor or an employee of a temp service or a delivery service like a mail man or pizza delivery person or truck driver, or a repair person, an inspector or someone that is self employed or they are an employee of a company that has nothing to do with this business. Almost everyone is a employee somewhere unless retired.


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## ADAguy (Nov 6, 2017)

Public RR's are for those who are not W-2 employees unless it is a volunteer kitchen (?)


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## Paul Sweet (Nov 7, 2017)

I think that at least the serving counter needs to be accessible on both sides so a disabled person could pass out the food and run the cash register.

Refrigeration temperature controls should not be operated by users, so they could be out of the reach range.

If the deep scullery sink discriminated against anybody it would be the able bodied person who would be stuck washing the dishes.


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## ADAguy (Nov 7, 2017)

1. correcto
2. Controls no higher than 48"
3. Or short people?


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## Yikes (Nov 7, 2017)

ADA Guy, regarding the scullery example, a reasonable accommodation would also be to assign them to a duty / job description that does no require them to use the scullery sink.
The example I typically hear is the grocery store, where the person who wants the cashier job says they have a disability that prevents them from accurately counting the money.  As a reasonable accommodation, you can offer them an alternative job, for example stocking the shelves; but if an alternate job is not available, it is not discriminatory to not hire them for a job they cannot perform.


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## ADAguy (Nov 13, 2017)

reasonable but not with a similar salary opportunity, but then if they are limited in their capacity to count change the individual cannot perform the necessary functions of the job. In that you are correct.


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