SCPD Recommendations on Outdoor Dining Draft Plan — File 22-0210

Somerville Commission for Persons with Disabilities January 21, 2021 To whom it may concern, The Somerville Commission for Persons with Disabilities reviewed the Outdoor Dining Draft Plan at our meeting on January 18th, 2022. Below are our recommendations to be incorporated into the Outdoor Dining Plans to ensure access for people with disabilities, both within the outdoor seating areas and in the larger environments where sidewalk seating and parklets are deployed. The Commission believes that the incorporation of outdoor dining on city sidewalks is not in the best interest of equitable access. The effects of using the public way for the operation of private establishments presents real barriers to accessibility and safety, such as: introduction of tripping hazards, reduced width of sidewalks, obstructions in the path of travel, and inability to easily reach the curb in order to park or be dropped off or picked up near businesses. In the context of a pandemic, a concentration of unmasked diners in close proximity to the public way presents a particular risk for immunocompromised individuals who need to access other businesses nearby. Given the numerous accessibility issues introduced by a poorly implemented Temporary Outdoor Dining system, the City Administration and Departments responsible for drafting and implementing new Outdoor Dining Plans must do everything in their power to create and maintain more than the bare minimum of what is required by the ADA and MAAB (521 CMR: https://www.mass.gov/law-library/521-cmr) and ensure that it is implemented properly. Our recommendations are grouped below by document section - Application submittal and approval process 5. A complete application includes the following documentation: f. Toilet capacity calculations, including both existing indoor seating and proposed outdoor seating counts, prepared and certified by an architect or plumbing engineer currently licensed in Massachusetts (248 CMR 10.10). SCPD recommends using specific language detailing toilet requirements - if portable toilets are provided in multiple locations on the same site, an accessible portable toilet (5%, but not less than 1) should be provided in each location. If portable toilets are all provided in one single location, the 5%, but not less than 1 must be provided (MAAB 30.1.2). 6. The standard application review process, prior to the Licensing Commission hearing, includes but is not limited to the following City Divisions: Engineering, ISD-Health and Fire Prevention.

SCPD recommends that the ADA Coordinator and one or more SCPD Commissioners be included in the list of reviewers. 11. Applicant shall contacts(sic) ISD (outdoor seating) or Engineering (outdoor goods) upon setup for safety and accessibility inspection, prior to its use. SCPD recommends including ADA Coordinator review, and/or training of ISD by ADA Coordinator for how to meet MAAB and ADA compliance. General There is no social distancing requirement between tables. Close proximity of unmasked people increases transmission of Covid-19, and many people with disabilities are at increased risk of hospitalization, complications, and death from contracting Covid-19. Not including distance requirements inherently excludes people with disabilities from accessing outdoor dining. SCPD recommends including social distancing requirements within outdoor seating and requiring non-porous barriers to separate outdoor dining from the public sidewalk. In addition to the specific revisions to the licensing requirements, SCPD recommends adding additional accessible on-street spaces and pick-up/drop off spaces in neighborhoods where more than 20% of the on-street parking spaces are being utilized by parklets. 1. Seats, tables, barriers, signs, stands, etc. may only be located in the public way according to the plans in the approved license. SCPD recommends adding “and in private outdoor seating” after “public way”. 2. All components of the license area shall meet all requirements of the ADA and MAAB (521 CMR: https://www.mass.gov/law-library/521-cmr); this includes, but is not limited to, access aisles, approaches to seating from sidewalk and clear floor space, and at least one accessible table. SCPD recommends increasing accessible seating from the 5% minimum per seating area and type (per MAAB Section 17.2) to not less than 20% to ensure equitable access. SCPD recommends highlighting the seating requirements from https://www.mass.gov/regulations/521-CMR-17-restaurants to ensure restaurants and ISD staff responsible for compliance understand the requirements. Clear Floor Space at Accessible Tables: At each accessible table, a clear floor space measuring 36-inches by 48-inches should be provided to allow for an individual to easily set themselves at the table. This space should not overlap with the knee space depth under the table by more than 19-inches (MAAB Section 17.2.3). Knee Clearances at Accessible Tables:

Knee space of at least 27-inches high, 30-inches wide, and 19-inches deep must be provided to allow for an individual using a mobility device to maneuver and use the table (MAAB Section 17.2.4). Height of Tables and Counters: The tops of the accessible tables shall be from 28-inches to 34-inches above the floor or ground (MAAB Section 17.2.5). SCPD recommends including in this document who will be responsible for reviewing proposed furniture to ensure accessibility. SCPD recommends that any accessible path to private outdoor seating may only pass through the interior of the building if the path for all patrons does. 4. The standard accessible route width along Pedestrian Sidewalks (as defined by the Somerville Zoning Ordinance) shall not be reduced to less than 60”, and elsewhere shall not be reduced to less than 48”. SCPD recommends including a list of Pedestrian Sidewalks and/or a link to such in this document. SCPD recommends extensive consideration of sidewalk conditions along proposed accessible routes to ensure safe pathways. If this cannot be met no license should be issued. SCPD recommends adding a provision to look at concentrations of public seating (ie Davis Sq) to ensure accessible walkways allow for meeting 521 CMR 20.5 - PASSING SPACE (“If an accessible route has less than 60 inches (60" = 1524mm) clear width, then passing spaces at least 60 inches by 60 inches (60" x 60" = 1524mm by 1524mm) shall be located at intervals not to exceed 200 feet (200' = 61m). A T-intersection of two corridors or walks is an acceptable passing place.”) 7. The licensed areas that also includes a license to serve alcohol shall be located to meet current ABCC rules & regulations. SCPD recommends that no exceptions should be made because of ABCC rules, and if a potential licensee cannot meet both ABCC rules and the outdoor dining accessibility requirements, they be granted a license for outdoor dining without alcohol sales. 12. If the licensee fails to adhere to these requirements and conditions, the violation will result in a written warning and then daily fines. License violations may also result in the revocation of the licensee's license after notice and public hearing by the Licensing Commission. SCPD recommends including the fee schedule in this document.

SCPD recommends violations be issued after 24 hours of non-compliance, as evidenced by 311 report, ISD spot check, ADA complaint form, Licensing Commission complaint form, or any other notification to City staff in ISD, Licensing, or the ADA Coordinator. Private outdoor seating 1. Seating located on a parking lot may not occupy or obstruct access to the existing accessible parking spaces. SCPD recommends additional language and requirements to construct permanent (ie concrete blocks, not traffic cones or rope) barriers adjacent to access aisles of accessible parking spaces to ensure that they remain open. Public Street Seating 5. Parklet Seating located on a constructed level (2% maximum slope in any direction) platform that connects to the sidewalk with a level change of less than 1⁄4” (521 CMR 20). SCPD recommends a requirement that parklets have a flush transition via a bridge plate between sidewalk and curb to permit easy access and avoid trip hazards. See Dero Parklet for example. SCPD recommends including additional language from MAAB on accessible surfaces of parklets (“The surface must also be stable, firm, slip resistant (MAAB 20.9), free from changes in level exceeding ½ inch and unbeveled (MAAB 29.2), and free from protruding objects that extend into the accessible route (MAAB 20.6).”) 6. Parklet Seating that remains at roadway grade (typically 6” below sidewalk grade) shall include an accessible ramp with an 8.3% maximum slope and handrails (521 CMR 24); and application shall include a survey prepared and certified by a surveyor and/or engineer currently licensed in Massachusetts of the existing roadway surface confirming that it is both level (2% maximum slope in any direction) and flat (all level changes of less than 1⁄4”). SCPD recommends not allowing parklets that require a ramp. If ramps are to be used, we recommend including explicit language documenting the required size of level landings; listing ramp slope requirements as 1:12 ratio as well as percent; and including language to indicate that ramps must remain in place at all times during the term of the license. SCPD recommends only allowing roadway grade parklets that can utilize an existing curb cut in good repair (meeting all AAB guidelines, no crumbling brick, concrete, or asphalt, connecting to

a roadway in good repair). This document should include criteria for using an existing curb cut for access to a street level parklet (including both situations where the curb cut leads directly to the parklet and situations where the parklet is adjacent to a crosswalk). Sincerely, Bonnie Denis Chair, Somerville Commission for Persons with Disabilities