The ADA Standards require 5 percent of patio seats and standing spaces to be accessible, rounded up

Tue, 06 Oct 2026 09:26:26 -0400

Section 226.1 of the 2010 ADA Standards for Accessible Design requires that at least 5 percent of the seating spaces and standing spaces at dining surfaces meet the technical rules in section 902. Section 104.2 tells you to round any fraction up to the next whole number. A café patio with 40 seats needs at least 2 accessible dining spaces, a 120-seat restaurant patio needs 6, and a 300-seat hotel pool terrace needs 15. The count covers every seat and standing space at a dining surface, including bar-height tables and drink rails, so adding 30 standing spaces at a bar on that terrace raises the minimum to 17. The rules quoted here are from the U.S. Access Board’s text of the standards, checked October 6, 2026.

The worked examples below use round numbers and describe no real property. The ADA guide covers the same sections in more detail, along with benches and federal picnic areas.

How the count works

Section 226.1 counts seating spaces and standing spaces. Where dining surfaces are provided for the consumption of food or drink, “at least 5 percent of the seating spaces and standing spaces at the dining surfaces shall comply with 902.” The Access Board’s advisory note to section 902 says dining surfaces include bars, tables, lunch counters and booths.

The Department of Justice explains the choice in its guidance on the 2010 standards. Commenters asked it to go back to counting fixed tables, as the 1991 standards did. The Department kept the count of seats and standing spaces because tables vary in size, and it says counting tables could limit the choices open to people with disabilities.

Section 104.2 sets the rounding. When a percentage leaves a fraction, the standards call for the next greater whole number. A count of 6.6 becomes 7, and a count of 16.5 becomes 17.

Example: minimum accessible dining spaces under ADA section 226.1, rounded up under section 104.2. Round numbers, not a real property.
Patio (example)	Seats at tables	Standing spaces at a drink rail	Spaces counted	5 percent	Accessible spaces required
Café patio	40	0	40	2.0	2
Restaurant patio	120	0	120	6.0	6
Restaurant patio with a drink rail	120	12	132	6.6	7
Hotel pool terrace	300	0	300	15.0	15
Hotel pool terrace with a bar	300	30	330	16.5	17

Source: access-board.gov

Standing spaces at a drink rail or a standing-height bar raise the total. Section 226.1 does not say how much rail length makes one standing space, so the person who designs the patio has to settle on a number per foot of rail and use it for the count. Write that figure into the seating plan so the count can be checked later.

Where the accessible spaces can go

A space counts toward the 5 percent only at a surface that meets section 902. The top of the table has to be 28 to 34 inches above the ground. The position needs a clear ground space of 30 by 48 inches for a forward approach, with knee and toe clearance under the table. Section 305.4 lets the clear space include the knee and toe clearance, so part of the 48 inches can sit under the table.

That rules out any bar-height table with a top above 34 inches. Seats at those tables still count in the total, so the accessible spaces have to come from the lower tables.

Example: a 120-seat patio by table type. The 6 required accessible spaces must come from the 80 seats at 29-inch tables. Round numbers, not a real property.
Table type (example)	Top height in inches	Tables	Seats	Can count toward the 5 percent
Four-seat dining table	29	15	60	Yes, where the base leaves knee and toe clearance
Two-seat dining table	29	10	20	Yes, where the base leaves knee and toe clearance
Bar-height table	42	10	40	No, the top is above 34 inches

Source: access-board.gov

In this example, all 120 seats go into the count, and the result is 6. The 40 seats at bar-height tables cannot supply any of the 6. They have to be at the 25 dining tables, and only at tables whose bases leave the clearance below.

Dimensions for one accessible dining position and the route to it, from the 2010 ADA Standards.
Requirement	Minimum in inches	Maximum in inches	Section
Height of the table top above the ground	28	34	902.3
Clear ground space width	30		305.3
Clear ground space length	48		305.3
Knee clearance width	30		306.3.5
Knee clearance depth at 9 inches above the ground	11	25	306.3.2 and 306.3.3
Knee clearance depth at 27 inches above the ground	8		306.3.3
Toe clearance width	30		306.2.5
Toe clearance depth under the table	17	25	306.2.2 and 306.2.3
Accessible route clear width	36		403.5.1

Source: access-board.gov

Section 226.2 adds dispersion: the accessible dining surfaces must be spread throughout the space or facility that has dining surfaces. On a patio with a shaded section, a section by the railing and a section near the bar, the seating plan can place accessible positions in each of the three.

Getting to the tables

Section 206.2.5 requires an accessible route to all dining areas in restaurants and cafeterias, and names raised, sunken and outdoor dining areas among them. The Access Board’s guide says this applies to newly built restaurants and cafeterias. In alterations, an exception says the route need not reach all parts of an existing outdoor dining area where the same services and decor are provided in an accessible space open to the public. The standards’ examples of the same decor include seating at or near windows and railings with views.

The walking surface of the route must be at least 36 inches wide, with a running slope no steeper than 1:20 and a cross slope no steeper than 1:48. The ground under the clear space at each accessible table position may slope no more than 1:48. Section 302.1 requires floor and ground surfaces to be stable, firm and slip resistant, which matters on a patio of gravel, pavers or decking.

What to do with this before ordering

Count every seat and standing space on the seating plan, apply 5 percent and round up. Then count only the positions at tables 28 to 34 inches high with a clear base, and check that the second number is at least as large as the first.
Ask the maker for a dimensioned drawing of each table base. Check the clear width between legs or under the apron against the 30-inch knee and toe width, and the depth against the 17-inch toe and 11-inch knee minimums. A pedestal foot or a center umbrella pole can cut into both.
Mark the accessible positions on the plan, spread across the patio, and keep the plan with the furniture order.

Movable furniture shifts during service. The Department of Justice regulation for businesses open to the public, 28 CFR 36.211, requires a public accommodation to maintain the features that must be accessible in operable working condition, and allows isolated or temporary interruptions for maintenance or repairs. Staff who reset the patio each day need the plan too.

Caveats

These are the federal 2010 ADA Standards. State and local building codes can set more. The architect of record, the local building official or an accessibility consultant should confirm what applies to a given patio.

The Department of Justice guidance says the 2010 standards set requirements for fixed or built-in elements in new or altered facilities. Once construction is finished, the Department says, the facility falls under the regulations’ operational requirements, and it may use the standards as a guide for equipment and furnishings. Whether movable patio tables and chairs are treated as fixed elements is a question for the project’s architect or counsel. Naming section 902 in the purchase specification gives the dealer a requirement it can measure a table against.

The standing-space figures in the examples are assumptions for illustration.

Dining tables | Commercial Outdoor Furniture

The ADA Standards require 5 percent of patio seats and standing spaces to be accessible, rounded up

How the count works

Where the accessible spaces can go

Getting to the tables

What to do with this before ordering

Caveats