Understanding the Key Differences Between 2010 ADA Standards Section 226.2 and California Building Code 11B-226.2: A Critical Distinction in Dining Surface Requirements - Seating

Restaurant owners and accessibility professionals must understand that California's accessibility requirements are more stringent than federal ADA standards, particularly regarding how accessible dining surfaces must be distributed throughout their establishments.

The Core Difference: Language That Changes Everything

The most significant difference between these two standards lies in just eight additional words in the California Building Code that completely transform how accessible seating must be provided:

2010 ADA Standards Section 226.2 states: "Dining surfaces and work surfaces required to comply with 902 shall be dispersed throughout the space or facility containing dining surfaces and work surfaces."

California Building Code 11B-226.2 states: "Dining surfaces required to comply with Section 11B-902 shall be dispersed throughout the space or facility containing dining surfaces for each type of seating in a functional area."

Those eight additional words—"for each type of seating in a functional area"—create a dramatically more comprehensive accessibility requirement.

What This Means in Practice

Under 2010 ADA Standards

Under the federal ADA standards, a restaurant can meet the 5% accessibility requirement by providing accessible seating that is simply "dispersed throughout" the dining area. This could theoretically be satisfied by having all accessible seating at regular-height dining tables, even if the restaurant also offers booth seating, bar-height tables, and counter seating.

Under California Building Code 11B-226.2

California requires that 5% of each type of seating within each functional area must be accessible. This means that if your restaurant has different seating types, each must individually meet the 5% accessibility requirement.

Understanding "Types" and "Functional Areas"

Types of Seating

"Types" refers to distinct seating configurations or furniture styles, including:

• Standard dining tables (typically 28-30 inches high with movable chairs)

• Booth seating (fixed benches with tables)

• Bar-height tables (typically 40-42 inches high, requiring accessible portions at 28-34 inches)

• Counter seating (at service counters or food preparation areas)

• Banquette seating (upholstered benches along walls)

• Communal tables (large tables for multiple parties)

• Outdoor seating (patio or sidewalk tables)

Functional Areas

"Functional areas" are distinct spaces within the facility where dining occurs, such as:

• Main dining room

• Bar area

• Private dining rooms

• Outdoor patio

• Banquet hall

• Café section

Real-World Restaurant Configuration Examples

Example 1: Mixed-Height Restaurant

Consider a restaurant with:

• Main dining area: 40 standard tables and 10 booth seats

• Bar area: 20 bar-height tables and 15 counter seats

Under 2010 ADA Standards: The restaurant would need 5% of total seating (85 seats = 5 accessible seats) dispersed throughout both areas. This could be met with 5 accessible standard tables.

Under California CBC 11B-226.2: The restaurant must provide:

• 5% of standard tables (2 accessible tables) in the main dining area

• 5% of booth seats (1 accessible booth) in the main dining area

• 5% of bar tables (1 accessible bar table at 28-34 inches height) in the bar area

• 5% of counter seats (1 accessible counter section at 28-34 inches height) in the bar area

Example 2: High Tables and Regular Dining Tables

A restaurant has both standard dining tables (30 inches high) and "high tables" (36 inches high) that are clearly distinguishable and obviously higher than standard dining height:

Under 2010 ADA Standards: If the high tables exceed 34 inches, they cannot serve as accessible dining surfaces. The 5% requirement would apply only to compliant surfaces.

Under California CBC 11B-226.2: Each type must individually meet the 5% requirement:

• 5% of standard tables must be accessible

• 5% of high tables must be accessible (requiring modification to 28-34 inches height or replacement with accessible alternatives)

Example 3: Bar Table Configuration

For establishments with obvious bar-height seating:

Both Standards Require: When food or drink is served at counters exceeding 34 inches in height, a portion of the main counter 60 inches minimum in length must be provided at accessible height (28-34 inches).

Additional California Requirement: If you have both bar tables and regular dining tables, the bar table accessible seating cannot count toward the regular dining table accessible seating requirement—each type must independently meet the 5% standard.

Technical Requirements Remain the Same

While the scoping differs significantly, both standards maintain identical technical requirements for accessible dining surfaces:

• Height: 28 inches minimum to 34 inches maximum above the floor

• Knee clearance: 27 inches minimum height, 30 inches minimum width, 17 inches minimum depth (19 inches in California)

• Clear floor space: Forward approach with compliant knee and toe clearance

The California Building Code's more stringent requirements reflect the state's commitment to comprehensive accessibility, ensuring that individuals with disabilities have equitable access to all dining experiences offered by an establishment, not just a minimal subset of options.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or consultant for advice tailored to your situation.