Texas Department of Licensing and Regulation

1. Kitchens, Kitchenettes & Comparable Spaces Texas Department of Licensing and Regulation Texas Accessibility Standards

2. Texas Department of Licensing and RegulationArchitectural Barriers Program

3. This presentation will identify the compliance requirements of the 2012 Texas Accessibility Standards (TAS) for kitchens, kitchenettes, and other comparable spaces such as break rooms.

4. This topic is also addressed in: RAS Bulletin 2012-07 Kitchens, Kitchenettes, and Comparable Spaces The contents of this bulletin have been incorporated into this presentation. www.license.state.tx.us/ab/rasbulletins.htm

5. Portions of the following scoping and technical sections of the 2012 TAS will be discussed during this presentation:

7. Scoping: 106 Undefined Terms

8. 106.3 Undefined Terms The meaning of terms not specifically defined in 106.5 or in regulations issued by TDLR to implement Chapter 469, or in referenced standards, are as defined by collegiate dictionaries in the sense that the context implies. The following terms are not defined in TAS, therefore, based on 106.3, they shall have the following meanings:

9. Excerpt from Kitchen A place (as a room) with cooking facilities. Kitchenette A small kitchen or alcove containing cooking facilities. These terms are used interchangeably.

10. Excerpt from Cooking Facilities This term is not defined in collegiate dictionaries, however, “Cook” means “To prepare food for eating especially by means of heat.” Therefore, based on this definition and input from the U.S. Access Board, cooking facilities shall include the following: • Range • Oven • Cooktop • Microwave Oven • Convection Oven

11. Wet Bar A bar for mixing drinks that contains only a sink with running water. A bar used for purposes other than drink preparation is not a wet bar.

12. Scoping: 201.1 Scope Fixed or Built-In

13. 201.1 Scope These standards apply to fixed or built-in elements of buildings…

14. Since TAS only applies to fixed or built-in elements based on 201.1, the “cooking facilities” provided in a space must be fixed or built-in for the space to be considered a kitchen or kitchenette. The following is the criteria to be used when determining if an appliance is fixed or built-in:

15. Fixed The appliance is attached to a cabinet, shelf, or other surfaces or to a gas supply. Built-In The cabinetry design or location of utilities (i.e. gas supply or 220V electrical outlet) creates a dedicated shelf or space for the appliance. • The following are examples of • fixed and built-in cooking facilities:

16. Fixed Microwave Ovens Attached to Shelf Attached to Cabinet

17. Built-In Microwave Ovens Cabinetry design and location of electrical outlet creates dedicated space for the microwave oven.

18. Built-In Convection Oven Cabinetry design and location of 220V outlet creates a dedicated space for the convection oven.

19. These microwaves are NOT built-in or fixed.

20. Fixed and Built-In Ranges Cabinetry design and location of electrical and gas outlets create a dedicated space for the range.

21. Fixed Gas Range Attached to a Gas Supply

22. Fixed or Built-in Cooktop Appliance is attached and the cabinetry design and location of electrical outlet creates a dedicated space for the cooktop.

23. SUMMARY

24. Spaces With Fixed or Built-In Cooking Facilities The space must comply with 212 and 804 if at least one of the following fixed or built-in cooking facilities is provided: • Range • Oven • Cooktop • Microwave Oven • Convection Oven

25. Spaces Without Fixed or Built-In Cooking Facilities The space is not required to comply with 212 and 804 if no fixed or built-in cooking facilities are provided. However, the space must still comply with applicable provisions of TAS.

26. Example: NOT a Kitchen This space has no fixed or built-in cooking facilities

27. Not a Kitchen: Compliance Requirements • Compliance with TAS is based on the elements provided. Example: Typical requirements for spaces that are not kitchens Operable parts must comply with 309 based on 205. At least one of each type of storage must comply with 309 based on 225.2. 5% of the sinks must comply with 606 based on 212.3.

28. Excerpt from Counter Height Not a Kitchen No counter height requirement (except at a sink)for spaces that are not kitchens since 804.3.2 is applicable only to work surfaces in residential and transient lodging kitchens. Example: Storage and operable parts must comply but not the counter height.

29. Test Your Knowledge

30. Is This A Kitchen? Space has a cooking facility (range). Compliance with 212 and 804 is required. Yes!

31. Kitchen? Yes! Space has a cooking facility (fixed microwave). Compliance with 212 and 804 is required.

32. Scoping: 201.1 Scope, Contd. How Many?

33. 201.1 Scope • These requirements (TAS) are to be applied to all areasof a facility: • Unless exempted* or • Where scoping limits the number of multiple elements required to be accessible. *Exemptions are identified in Rule 68.30 and TAS 203 and will not be discussed during this presentation.

34. How does 201.1 apply to common and public use spaces? Common and public use spaces (defined below) such as break rooms and classroom kitchens are not exempted by Rule 68.30 or TAS 203. Common Use: …spaces made available for the shared use of two or more people. (106.5.21). Public Use: …spaces in privately or publically owned buildings that are made available to the public. (106.5.50).

35. In addition, the scoping for kitchens (noted below) does not limit the number of common or public use kitchens required to be accessible. Where provided, kitchens, kitchenettes, and sinks shall comply with 212. (212.1). Therefore, 100% of all common and public use kitchens must be accessible.

36. The following slides identify additional entities that must comply with 804 (Kitchens and Kitchenettes).

37. Residential

38. Residential Facilities Residential facilities include the following: • Social Service Establishments • (See 224.1, Exception 2) • Graduate Student and Faculty Housing • (See 224.6, Exception 3) • Crew Quarters for Emergency Response Personnel (See RAS Bulletin 2012-04)

39. Excerpt from 809 Residential Dwelling Units 809.3 Kitchen. Where a kitchen is provided, it shall comply with 804.

40. Major Differences Between Kitchens in Residential Facilities & Other Kitchens • Accessible work surface is required based on 804.3 (optional in other types of kitchens but recommended except in housing at a place of education based on 224.6 Exception 1). • Knee and toe spaces under sinks and work surfaces can contain cabinetry if the exception criteria of 606.3(2) and 804.3.1 are met. 804.3 and the referenced exceptions will be discussed later in the presentation.

41. Transient Lodging

42. Transient Lodging Facilities Transient lodging facilities include the following: • Hotels, Motels, and Other Places of Lodging Including Timeshares (224.1) • Housing at a Place of Education (224.6 and 224.6 Exception 1)

43. Excerpt from 806 Transient Lodging Guest Rooms 806.2 Guest Rooms with Mobility Features 806.2.5 Kitchens and Kitchenettes. Kitchens and kitchenettes shall comply with 804.

44. Employee Spaces

45. Employee Work Areas Not Required to be Accessible • Employee work areas are not required to be accessible except to the extent required by 203.9 based on the following definition: • All or any portion of a space used only by employees and used only for work (106.5.28).

46. Examples: Employee Work Areas Restaurant Kitchen Work Area of Demonstration Kitchen

47. Break Rooms Requiredto be Accessible Kitchenettes and break rooms are not employee work areas also based on the definition of “Employee Work Area” in 106.5.28.

48. Scoping: 212 Technical: 804 Kitchens & Kitchenettes

49. 212 Kitchens &Kitchenettes Scoping

50. 212.2 Kitchens and Kitchenettes • Kitchens and kitchenettes shall comply with 804.