[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Rules and Regulations]
[Pages 44084-44455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16025]
[[Page 44083]]
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Part II
Architectural and Transportation Barriers Compliance Board
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36 CFR Parts 1190 and 1191
Americans with Disabilities Act (ADA) Accessibility Guidelines for
Buildings and Facilities; Architectural Barriers Act (ABA)
Accessibility Guidelines; Final Rule
Federal Register / Vol. 69, No. 141 / Friday, July 23, 2004 / Rules
and Regulations
[[Page 44084]]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Parts 1190 and 1191
[Docket No. 99-1]
RIN 3014-AA20
Americans with Disabilities Act (ADA) Accessibility Guidelines
for Buildings and Facilities; Architectural Barriers Act (ABA)
Accessibility Guidelines
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Final rule.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) is revising and updating its accessibility guidelines
for buildings and facilities covered by the Americans with Disabilities
Act of 1990 (ADA) and the Architectural Barriers Act of 1968 (ABA).
These guidelines cover new construction and alterations and serve as
the basis for enforceable standards issued by other Federal agencies.
The ADA applies to places of public accommodation, commercial
facilities, and State and local government facilities. The ABA covers
facilities designed, built, altered with Federal funds or leased by
Federal agencies. As a result of this revision and update, the
guidelines for the ADA and ABA are consolidated in one Code of Federal
Regulations part.
DATES: The guidelines are effective September 21, 2004. The
incorporation by reference of certain publications listed in the
guidelines is approved by the Director of the Federal Register as of
September 21, 2004.
FOR FURTHER INFORMATION CONTACT: Marsha Mazz, Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Telephone numbers (202) 272-0020 (voice); (202) 272-0082 (TTY).
These are not toll free numbers. E-mail address: board.gov">ta@access-board.gov.
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by
calling the Access Board's automated publications order line (202) 272-
0080, by pressing 2 on the telephone keypad, then 1 and requesting
publication S-50 (ADA and ABA Accessibility Guidelines Final Rule).
Please record your name, address, telephone number and publication
code. Persons using a TTY should call (202) 272-0082. This document is
available in alternate formats upon request. Persons who want a
publication in an alternate format should specify the type of format
(cassette tape, braille, large print, or ASCII disk). This document is
also available on the Board's Web site (http: //www.access-board.gov).
Statutory Background
The Access Board is responsible for developing and maintaining
accessibility guidelines for the construction and alteration of
facilities covered by the Americans with Disabilities Act (ADA) of
1990.\1\ The Board holds a similar responsibility under the
Architectural Barriers Act (ABA) of 1968.\2\ The Board's guidelines
provide a minimum baseline for other Federal departments responsible
for issuing enforceable standards.
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\1\ 42 U.S.C. 12101 et seq.
\2\ 42 U.S.C. 4151 et seq.
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The ADA recognizes and protects the civil rights of people with
disabilities and is modeled after earlier landmark laws prohibiting
discrimination on the basis of race and gender. To ensure that
buildings and facilities are accessible to and usable by people with
disabilities, the ADA establishes accessibility requirements for State
and local government facilities under title II and places of public
accommodation and commercial facilities under title III. The law
requires that the Board issue minimum guidelines to assist the
Department of Justice (DOJ) and the Department of Transportation (DOT)
in establishing accessibility standards under these titles. Those
standards must be consistent with the Board's guidelines.
The ABA requires access to facilities designed, built, altered, or
leased with Federal funds. Similar to its responsibility under the ADA,
the Board is charged with developing and maintaining minimum guidelines
for accessible facilities that serve as the basis for enforceable
standards issued by four standard-setting agencies. The standard-
setting agencies are the Department of Defense (DOD), the General
Services Administration (GSA), the Department of Housing and Urban
Development (HUD), and the U.S. Postal Service (USPS).
Each Federal department responsible for standards based on the
Board's guidelines under the ADA or the ABA is represented on the
Board. These departments have been closely involved in the development
of this rule. Through this process, the Board and the standard-setting
agencies coordinated extensively to minimize any differences between
the Board's guidelines and their eventual updated standards.
Rulemaking History
ADA Accessibility Guidelines
On July 26, 1991, one year after the ADA was signed into law, the
Board published the ADA Accessibility Guidelines (ADAAG).\3\ The Board
supplemented ADAAG to include additional requirements specific to
transportation facilities on September 6, 1991.\4\ The Department of
Justice (DOJ) and the Department of Transportation (DOT) incorporated
ADAAG into their ADA implementing regulations, thus making ADAAG the
enforceable standard under titles II and III of the ADA.\5\
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\3\ 56 FR 35408, 36 CFR Part 1191.
\4\ 56 FR 45500.
\5\ 56 FR 35544, 28 CFR Part 36 (DOJ's ADA regulation
implementing title III); 56 FR 45584, 49 CFR Parts 37 and 38 (DOT's
ADA regulation implementing titles II and III).
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In developing the original ADAAG, the Board identified subjects for
further rulemaking based on information it received through public
comments. Some addressed areas that had not been specifically covered
by an access standard or code before. The Board initiated a long-term
agenda of rulemaking a year after ADAAG was first published. It
proceeded with this agenda independently from its update of the
original document. On separate tracks, the Board developed ADAAG
supplements covering:
State and local government facilities (1998)\6\
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\6\ 63 FR 2000 (January 13, 1998).
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building elements designed for children's use (1998) \7\
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\7\ 63 FR 2060 (January 13, 1998).
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play areas (2000) \8\
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\8\ 65 FR 62498 (October 18, 2000).
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recreation facilities (2002) \9\
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\9\ 67 FR 56352 (September 3, 2002).
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These supplementary guidelines have not yet been adopted by the DOJ
as enforceable standards under the ADA.
In 1994, the Board initiated an effort to update the original ADAAG
by establishing an advisory committee to thoroughly review the document
and to recommend changes. The ADAAG Review Advisory Committee consisted
of 22 members representing the design and construction industry, the
building codes community, State and local government entities, and
people with disabilities.\10\ The committee was
[[Page 44085]]
charged with reviewing ADAAG in its entirety and making recommendations
to the Board on improving ADAAG's format and usability, reconciling
differences between ADAAG and national consensus standards, and
updating its requirements so that they continue to meet the needs of
persons with disabilities.
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\10\ The American Council of the Blind, the American Institute
of Architects, the American Society of Interior Designers, the Arc,
Builders Hardware Manufacturers Association, Building Officials and
Code Administrators International, Building Owners and Managers
Association International, Council of American Building Officials,
Disability Rights Education and Defense Fund, Eastern Paralyzed
Veterans Association, International Conference of Building
Officials, International Facility Management Association, Maryland
Association of the Deaf, National Conference of States on Building
Codes and Standards, National Easter Seal Society, National Fire
Protection Association, National Institute of Building Sciences,
Regional Disability and Business Technical Assistance Centers,
Southern Building Code Congress International, Texas Department of
Licensing and Regulation, Virginia Building and Code Officials
Association, and the World Institute on Disability.
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Following a consensus-based process for the adoption of
recommendations, the committee met extensively over a two-year period
and fulfilled its mission with the issuance of a report,
``Recommendations for a New ADAAG,'' in September, 1996.
The advisory committee's report recommended significant changes to
the format and style of ADAAG. In fact, its recommendations reorganize
much of the document. The changes were recommended to provide a
guideline that is organized and written in a manner that can be more
readily understood, interpreted, and applied. The recommended changes
would also make the arrangement and format of ADAAG more consistent
with model building codes and industry standards. The advisory
committee coordinated closely with the American National Standards
Institute (ANSI) A117 Committee, which was in the process of updating
its standard. The ANSI A117.1 standard is a national consensus standard
that provides technical requirements for accessible buildings and
facilities. The A117.1 standard is referenced by the International
Building Code and various state codes, among others. While ADAAG
requirements derive in large part from an earlier version of the ANSI
standard, there are considerable differences between them. Both the
advisory committee and the ANSI committee sought to reconcile
differences between ADAAG and the ANSI A117.1-1998 standard.
ABA Accessibility Guidelines
The Board issued minimum guidelines for federally funded facilities
under the ABA in 1982. These guidelines served as the basis for
enforceable standards known as the Uniform Federal Accessibility
Standards (UFAS). The Board has coordinated the update of its ABA
guidelines with its review of ADAAG in order to reconcile differences
between them and to establish a more consistent level of accessibility
between facilities covered by the ADA and those subject to the ABA.
ADA and ABA Accessibility Guidelines
On November 16, 1999, the Board published a proposed rule to
jointly update and revise its ADA and ABA accessibility guidelines.
This proposal was largely based on the ADAAG Review Advisory
Committee's report. In preparing the proposed rule, the Board had
reviewed all of the committee's recommendations and adopted most of
them with some changes of its own. Additionally, the Board developed
new figures to illustrate various provisions and provided updated
advisory information. In an accompanying discussion of the proposed
revisions, the Board posed a number of questions to the public on a
variety of issues to solicit information for its use in finalizing the
rule. The proposed rule contained three parts:
Application and scoping requirements for facilities
covered by the ADA.
Application and scoping requirements for facilities
covered by the ABA.
A common set of technical provisions referenced by both
scoping documents.
The proposed rule also incorporated supplements to ADAAG that the
Board developed independently from its review of ADAAG. In 1998, the
Board issued a supplement to ADAAG covering State and local government
facilities, including courthouses and prisons. At the same time, the
Board published specifications for building elements designed for
children's use as amendments to ADAAG, which, as originally published,
only contained requirements based on adult dimensions. The Board also
incorporated into the proposed rule requirements for residential
housing which were based on those developed by the ANSI A117 Committee
in 1998.
The proposed rule was made available for public comment for six
months. During this comment period, which ended May 15, 2000, the Board
held public hearings in Los Angeles, CA (January 31, 2000) and in the
Washington, DC area (March 13, 2000), which provided an additional
forum for people to provide comment, either orally or in writing. About
140 persons provided testimony at these hearings.
More than 2,500 comments on the proposed rule were submitted to the
Board by mail, e-mail, or fax. Almost three quarters of the comments
were submitted by individuals, primarily persons with disabilities.
Most of these comments addressed reach range requirements for people of
short stature, access for people with multiple chemical sensitivities,
movie theater captioning for persons who are deaf or hard of hearing,
and access to certain elements, such as automatic teller machines
(ATMs) for people with vision impairments. Comments were also submitted
by trade associations and manufacturers, disability groups, design and
codes professionals, government agencies, and building owners and
operators, among others. Some of the most common topics included
alarms, handrails, assembly areas, van spaces and ATMs. Comments
received after the deadline were entered into the docket as the Board
has a policy of considering late comments to the extent practicable.
The Board has finalized the guidelines according to its review and
analysis of the comments to the proposed rule. Comments and resulting
changes in the rule are discussed below in the Section-by-Section
Analysis.
From the outset of this rulemaking, the Board has sought to
harmonize the ADA and ABA Accessibility Guidelines with industry
standards, particularly the ANSI A117.1 standard and the International
Building Code (IBC). On April 2, 2002, the Board placed in the
rulemaking docket for public review a draft of the final guidelines to
further promote such harmonization.\11\ The ANSI A117 Committee and the
International Code Council (ICC) were in the process of updating the
ANSI A117.1-1998 standard and the IBC, respectively. The Board proposed
changes to these documents based on the draft final guidelines, some of
which were approved. In addition, the Board made revisions to the
guidelines for consistency with proposed changes to the ANSI A117.1
standard and the IBC. As a result, some of the remaining differences
between the draft final guidelines and these documents were reconciled.
Changes to the guidelines as a result of this harmonization, as well as
public comments received on the draft final guidelines, are noted in
the Section-by-Section Analysis.
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\11\ 67 FR 15509.
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General Issues
Comments were received on the organization and format of the
revised guidelines. The final rule has been structurally reorganized in
several
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respects. Two technical chapters covering specific occupancies
(transportation facilities and residential facilities) were integrated
into other chapters. A new chapter was added through the incorporation
of guidelines for recreation facilities and play areas that the Board
previously finalized in separate rulemakings. These changes are further
detailed in this section. In addition, comments were received on issues
that the Board is involved in but were not made part of this
rulemaking. These issues, further discussed below, concern multiple
chemical sensitivities and electromagnetic sensitivities, classroom
acoustics, and certain elements specific to public rights-of-ways.
Organization and Format
Most commenters supported the new organizational structure of the
guidelines and found it to be clearer and easier to use than the
original ADAAG. Several suggested that the final rule contain a subject
index, that pages not be numbered separately for each part of the rule,
and that a table of contents be provided for advisory material and
figures listing the figure with section number, the title of the
figure, and page number where it is located. Several commenters
recommended that there be one table of contents at the beginning of the
document rather than separate tables of contents for each part of the
rule. There was support for placing advisory material near the
provision it discusses but commenters recommended even greater
distinction of their non-legal, non-binding status since the advisory
notes stand out more than the requirements. Commenters also recommended
that figures should have titles and numbers and be clearly linked to
the text. A few commenters recommended that advisory information be
adopted as enforceable language or be deleted.
The Board has revised the format and structure of the guidelines in
response to these comments. The final rule includes a subject index to
facilitate use of the document. In the proposed rule, the ADA and ABA
scoping documents and the technical section were paginated separately;
in the final rule, the pages are numbered consecutively through the
entire document. In addition, the Board has simplified the table of
contents structure, provided titles for figures, and reformatted
advisory notes so that they appear subordinate to the requirements they
discuss. Advisory notes are provided for informational purposes only
and are not mandatory. Throughout the final rule, advisory notes have
been added or revised based on comments or revisions to text
requirements. In most cases, advisory notes clarify the meaning of a
requirement or provide recommendations for good practice.
Some commenters felt that the Board should reference other codes
and standards for greater consistency with the model building codes and
that more cross references should be made to other codes and standards.
In the final rule, the Board has added references to other codes and
standards to enhance consistency with model building codes and
standards. Scoping and technical requirements for accessible means of
egress have been replaced with a reference to corresponding
requirements in the International Building Code (IBC), as further
discussed below in the Section-by-Section Analysis under section 207.
Criteria for fire alarm systems have been replaced by a reference to
the National Fire Protection Association (NFPA) standard upon which
they were based, as discussed below in section 702.
Existing Facilities
Commenters expressed concern about how changes to these guidelines
would impact existing facilities that were previously retrofitted under
ADA requirements, such as those requiring barrier removal and program
access. The ADA requires the removal of barriers in existing places of
public accommodation where it is readily achievable. State and local
government entities are required to provide access to programs, which
may necessitate retrofit of existing facilities. Commenters expressed
concern that further retrofit efforts would be triggered due to new
requirements in the revised guidelines. Specifically, commenters asked
whether elements that comply with the original ADAAG would need to be
altered to meet the requirements of the updated guidelines under the
obligations for barrier removal or program access.
The Board's authority under the ADA only extends to the development
and maintenance of accessibility guidelines for construction and
planned alterations and additions. It does not have jurisdiction over
requirements for existing facilities that are otherwise not being
altered, except for certain types of transit stations (key stations and
intercity rail stations). Under the ADA, regulations issued by the
Department of Justice (DOJ) and the Department of Transportation (DOT)
effectively govern requirements that apply to existing facilities. How,
and to what extent, the Board's guidelines are used for purposes of
retrofit, including removal of barriers and provision of program
access, is wholly within the purview of these departments. It is the
Board's understanding that the Department of Justice is aware of the
concern outlined in comments and that the Department plans to address
these concerns in its rulemaking to revise its ADA standards consistent
with the Board's final rule.
Reorganization of Chapters on Transportation Facilities and Residential
Facilities
The proposed rule, consistent with the advisory committee's
recommendations, minimized classifications and structural delineations
in the guidelines based on facility or occupancy type. As a result,
special occupancy chapters of the original ADAAG had been integrated
into the main body of the document in the proposed rule. It was felt
that this change would help underscore the premise that the guidelines
must be consulted and applied in its entirety regardless of the
facility type. It is also consistent with the overall aim of
encouraging an integrated approach to accessibility as reflected by
other proposed format and organizational changes. However, the proposed
rule did retain two technical chapters based on occupancy types:
transportation facilities (Chapter 10) and residential facilities
(Chapter 11). In the final rule, the provisions of these technical
chapters have been incorporated into other chapters, as appropriate,
for greater consistency with the rest of the document. The revisions
related to this reorganization are further detailed in the Section-by-
Section Analysis.
Incorporation of Guidelines for Play Areas and Recreation Facilities
In separate rulemakings, the Board developed supplements to ADAAG
covering play areas and recreation facilities. These supplemental
guidelines, developed independently from this rulemaking, were
finalized after the Board published the proposed rule.
On October 18, 2000, the Board issued final guidelines for play
areas.\12\ The guidelines are one of the first of their kind in
providing a comprehensive set of criteria for access to play areas.
They cover the number of play components required to be accessible,
accessible surfacing in play areas, ramp access and transfer system
access to elevated structures, and access to soft contained play
structures. The guidelines address play areas provided at schools,
parks, child care facilities (except those based in the operator's
home, which are
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exempt), and other facilities subject to the ADA. The Board developed
the guidelines through regulatory negotiation, a supplement to the
traditional rulemaking process that allows face-to-face negotiations
among representatives of affected interests in order to achieve
consensus on the text of a proposed rule. The regulatory negotiation
committee represented a variety of interests, including play equipment
manufacturers, landscape architects, parks and recreation facilities,
city and county governments, child care operators, and people with
disabilities. The committee submitted a report to the Board upon which
the guidelines are based. The Board published the guidelines in
proposed form for public comment in April 1998 and finalized them
according to its review and analysis of the comments it received.
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\12\ 65 FR 62498.
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On September 3, 2002, the Board finalized guidelines that address
access to a variety of recreation facilities covered by the ADA,
including amusement rides, boating facilities, fishing piers and
platforms, golf courses, miniature golf, sports facilities, and
swimming pools and spas.\13\ The requirements are largely based on
recommendations prepared by the Recreation Access Advisory Committee,
which the Board had established for this purpose. These recommendations
are contained in a report, ``Recommendations for Accessibility
Guidelines: Recreational Facilities and Outdoor Developed Areas,''
which the Board had made widely available as a source of guidance
pending the development of guidelines. The Board published the
guidelines in proposed form in July 1999, and made them available for
public comment for six months. During the comment period, the Board
held public hearings on the proposed guidelines in Dallas, TX and
Boston, MA. In an effort to provide the public with an additional
opportunity for input on the rule before it was finalized, the Board
published a summary of changes it intended to make to the guidelines.
This summary was published on July 21, 2000, and was made available for
public comment for two months. During the comment period, the Board
held informational meetings on the summary in Washington, DC and San
Francisco, CA. Approximately 70 comments on the summary were received.
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\13\ 67 FR 56352.
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The Board issued a notice on September 3, 2002, making the final
guidelines issued for play areas and recreation facilities applicable
to federally funded facilities covered by the ABA.\14\ No comments were
received in response to the notice.
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\14\ 67 FR 56441.
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The Board has integrated the guidelines for play areas and those
for recreation facilities into this final rule. Referenced standards
and definitions have been added to Chapter 1 (sections 105 and 106),
scoping provisions have been incorporated into Chapter 2 (sections 234
through 243), and technical provisions are provided in Chapter 6
(Plumbing Elements and Facilities) and Chapter 10 (Recreation
Facilities and Play Areas). In addition, various provisions and
exceptions have been integrated into existing scoping provisions in
Chapter 2 (sections 203 through 206, 210, 216, and 221) and technical
provisions in Chapter 3 (section 302 and 303). These criteria have been
editorially revised to fit into the new structure and format of the
revised ADA and ABA accessibility guidelines. No substantive revisions
have been made in incorporating them into this final rule. While the
Board has otherwise sought to avoid technical chapters that are based
solely on an occupancy type, it has located the technical provisions of
the play areas and recreation facilities guidelines into a separate
chapter. Since these guidelines are new and comprehensive in their
coverage of a variety of distinct facility types, the Board felt that
users could more readily familiarize themselves with the requirements
if they remained localized in a separate chapter.
Multiple Chemical Sensitivities and Electromagnetic Sensitivities
The Board received approximately 600 comments from individuals with
multiple chemical sensitivities and electromagnetic sensitivities. They
reported that chemicals released from products and materials used in
the construction, alteration, and maintenance of buildings;
electromagnetic fields; and inadequate ventilation are barriers that
deny them access to buildings. They requested the Board to include
provisions in this final rule to make the indoor environment accessible
to them.
The Board recognizes that multiple chemical sensitivities and
electromagnetic sensitivities may be considered disabilities under the
ADA if they so severely impair the neurological, respiratory, or other
functions of an individual that it substantially limits one or more of
the individual's major life activities. The Board plans to closely
examine the needs of this population, and undertake activities that
address accessibility issues for these individuals.
The Board plans to develop technical assistance materials on best
practices for accommodating individuals with multiple chemical
sensitivities and electromagnetic sensitivities. The Board also is
sponsoring a project on indoor environmental quality. In this project,
the Board is bringing together building owners, architects, building
product manufacturers, model code and standard-setting organizations,
individuals with multiple chemical sensitivities and electromagnetic
sensitivities, and other individuals. This group will examine building
design and construction issues that affect the indoor environment, and
develop an action plan that can be used to reduce the level of
chemicals and electromagnetic fields in the built environment.
Neither the proposed rule nor the draft final rule included
provisions for multiple chemical sensitivities or electromagnetic
sensitivities. The Board believes that these issues require a thorough
examination and public review before they are addressed through
rulemaking. The Board does not address these issues in this final rule.
Classroom Acoustics
Comments were received that urged the Board to address the
acoustical performance of buildings and facilities, in particular
school classrooms and related student facilities. Research indicates
that high levels of background noise in classrooms compromises speech
intelligibility for many children to such an extent that their reading,
communication, and learning skills may not be developing adequately. At
particular risk are children who have mild to moderate hearing loss,
temporary hearing loss, speech impairments, or learning disabilities.
Instead of undertaking rulemaking of its own on this issue, the Board
opted to work with the private sector in the development of classroom
acoustic standards. In 1999, the Board partnered with the Acoustical
Society of America (ASA) on the development of a new standard for
acoustics in classrooms that takes into account children who are hard
of hearing. ASA had previously established a special working group for
this purpose. The Board helped sponsor the work of this group and
expanded its membership through the addition of representatives from
disability groups, school systems, designers, and government agencies.
At the Board's urging, ASA committed to a two-year time frame for the
completion of
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standards. The standard, completed in 2002, has been approved as ASA/
ANSI S12.60-2002, Acoustical Performance Criteria, Design Requirements
and Guidelines for Schools. It sets specific criteria for maximum
background noise (35 decibels) and reverberation time (0.6 to 0.7
seconds for unoccupied classrooms). These and other specifications are
consistent with long-standing recommendations for good practice in
acoustical design. Taken by itself, the standard is voluntary unless
referenced by a code, ordinance, or regulation. The Board submitted a
proposal to the International Code Council (ICC) recommending that core
provisions contained in the ASA/ANSI standard be incorporated into the
next edition of the International Building Code (IBC). The Board's
proposal was taken up for consideration at an ICC hearing in September
2002, but was not adopted. However, school systems in various states
and cities are applying the criteria in the ASA/ANSI standard to the
design of classrooms. The Board is participating in outreach and
education activities to promote greater understanding of the need for
good classroom acoustics.
Public Rights-of-Way
Some comments asked that the final rule address certain elements
common in public rights-of-ways. These comments addressed roadway
design, speed bumps, crosswalks, on-street parking, audible signs and
pedestrian signals, and emergency call boxes. The Board will address
and invite comment on issues regarding access to public rights-of-way
in a separate rulemaking. On June 17, 2002, the Board released for
public comment a set of draft guidelines on accessible public rights-
of-way in advance of publishing a proposed rule. The guidelines would
supplement the ADA and ABA accessibility guidelines by adding new
provisions for sidewalks, street crossings, and related pedestrian
facilities. The draft guidelines were based on a report submitted to
the Board by the Public Rights-of-Way Access Advisory Committee in
January 2001. This committee, which the Board created to make
recommendations on the guidelines, included representatives from the
transportation industry, Federal, State and local government agencies,
the disability community, and design and engineering professionals. The
advisory committee's report, ``Building A True Community,'' is
available from the Board.
Section-by-Section Analysis
In finalizing this rule, the Board has revised various requirements
in the guidelines based on its review and analysis of public comments.
This section discusses public comments to the rule and details
revisions that represent a substantive change from the proposed rule.
Not all editorial or non-substantive revisions are addressed in this
discussion.
Part I: ADA Application and Scoping
Chapter 1: Application and Administration
This chapter states general principles that recognize the purpose
of the guidelines (101), provisions for adults and children (102),
equivalent facilitation (103), conventions (104), referenced standards
(105), and definitions (106). Revisions have been made in the final
rule to the sections covering conventions, referenced standards, and
definitions.
104 Conventions
Section 104.1 notes that all dimensions not stated as a ``maximum''
or ``minimum'' are absolute and that all dimensions are ``subject to
conventional industry tolerances.'' Conventional industry tolerances
recognized by this provision include those for field conditions and
those that may be a necessary consequence of a particular manufacturing
process. In the final rule, the Board has limited this provision so
that it does not apply to requirements where a range is provided since
the specified range offers adequate tolerances. Section 104.2 addresses
rounding in the case of percentages where fractions result.
Comment. Commenters recommended that a statement be added
indicating that the figures in the guidelines are provided for
information purposes only, consistent with the ANSI A117.1 standard.
Response. A provision has been added in the final rule which states
that the figures contained in this document ``are provided for
informational purposes only'' (104.3). This recognizes that all
requirements in the guidelines are contained in text and that the
figures are provided to illustrate the text-based specifications.
Should a figure be interpreted differently from the text, the text
governs.
105 Referenced Standards
Section 105 lists the industry standards referenced in the
guidelines. It also clarifies that where there is a difference between
a provision of the guidelines and the referenced standards, the
provision of the guidelines applies. The final rule includes
information on where these referenced standards can be obtained or
inspected. The Board also has clarified in this section where in the
guidelines each standard is referenced.
Standards referenced in the final rule include those issued by the:
American National Standards Institute (ANSI) and Builders
Hardware. Manufacturers Association (BHMA) for power operated and power
assisted doors (105.2.1).
American Society of Mechanical Engineers (ASME) for
various elevators and platform lifts (105.2.2).
American Society for Testing and Materials (ASTM) for use
zones, play equipment, and accessible surfaces at play areas (105.2.3).
International Code Council (ICC), whose International
Building Code is referenced with respect to provisions for means of
egress and railings (105.2.4).
National Fire Protection Association (NFPA) for fire
alarms (105.2.5).
The Board has revised the rule to reference the most recent
editions of the standards and addenda. The final rule includes the
addition of ASTM standards and the International Building Code (IBC).
Guidelines for play areas previously issued by the Board, which
reference ASTM criteria for use zone and accessible surfaces in play
areas, have been incorporated into the final rule. Provisions in the
guidelines for accessible means of egress have been replaced by
references to corresponding requirements in the IBC.
Information on the standards referenced in this rule is available
on the Board's Web site at www.access-board.gov and in advisory notes.
106 Definitions
Various defined terms and definitions have been revised, removed,
or added in the final rule. The following definitions have been removed
as unnecessary, in most cases due to changes in certain scoping or
technical requirements: ``accessible route,'' ``area of refuge,''
``automatic door,'' ``destination-oriented elevator,'' ``ground
floor,'' ``occupiable,'' ``power-assisted door,'' ``sign,'' and
``wheelchair.'' New definitions included in the final rule address:
``assistive listening system,'' ``equipment,'' ``key station,'' and
``occupant load.'' Definitions contained in the guidelines for
recreation facilities and play areas are included in the final rule.
Definitions that have been revised include: ``assembly area,'' ``common
use,'' ``mezzanine,'' ``residential dwelling unit,'' ``transient
lodging,'' ``vehicular way,'' and ``walk.''
Comment. It was suggested that the definition of ``assembly area''
should more clearly address the types of
[[Page 44089]]
facilities covered. The definition's reference to spaces used ``for the
consumption of food and drink'' may be interpreted as applying to
restaurants generally. The definition should also be revised,
consistent with building codes, to apply to assembly areas that
comprise only a portion of a facility.
Response. The definition of ``assembly area'' has been revised to
include ``a building, facility, or portion thereof used for the purpose
of entertainment, educational or civic gatherings or similar
purposes.'' An illustrative list of examples, previously provided in
the scoping provision (221), has been relocated to this definition.
Comment. Consistent with the original ADAAG, the proposed rule
defined ``common use,'' in part, as spaces or elements ``made available
for a restricted group of people.'' Comments considered the reference
to ``restricted'' as a source of confusion and misinterpretation. In
addition, it was suggested that ``group'' be replaced by a specific
number.
Response. As revised, the definition of ``common use'' refers to
``interior or exterior circulation paths, rooms, spaces, or elements
that are not for public use and are made available for the shared use
of two or more people.''
Comment. Commenters suggested that the definition for ``mezzanine''
should be revised for consistency with model building codes, including
the IBC.
Response. ``Mezzanine'' is now defined by the same definition used
in the IBC: ``An intermediate level or levels between the floor and
ceiling of any story with an aggregate floor area of not more than one-
third of the area of the room or space in which the level or levels are
located.'' The Board has included clarification that mezzanines are
elevated high enough to accommodate human occupancy on the floor below.
Comment. Commenters considered it important that the definitions
for ``dwelling unit'' and ``transient lodging'' be revised and made
mutually exclusive to avoid the confusion of potentially overlapping
terms. In particular, the hotel and motel industry was concerned about
requirements for dwelling units being misapplied to transient lodging
facilities.
Response. In the final rule, the definitions for ``dwelling unit''
and ``transient lodging'' have been clarified and made mutually
exclusive. The guidelines now use the term ``residential dwelling
unit,'' which is defined as ``a unit intended to be used as a
residence, that is primarily long-term in nature.'' This definition
specifically excludes transient lodging, as well as medical care and
long-term care facilities and detention and correctional facilities.
``Transient lodging'' has been revised as applying to any facility
``containing one or more guest room(s) for sleeping that provides
accommodations that are primarily short-term in nature.'' The term
excludes residential dwelling units, among other facility types. In
addition, language exempting bed-and-breakfast type facilities with no
more than five rooms has been relocated to this definition from the
scoping provision for transient lodging in section 224.
ADA Chapter 2: Scoping Requirements
This section discusses comments and changes to scoping provisions
for facilities covered by the ADA. These provisions specify which
elements and spaces are required to be accessible according to various
technical requirements contained in chapters 3 through 10.
Throughout this chapter and the rest of the document, the term
``accessible'' has been replaced with more precise references to
applicable criteria in the guidelines. For example, instead of
referring to ``accessible'' spaces of one type or another, the
guidelines now refer to spaces ``complying with'' the relevant
technical criteria that make them accessible. This was done for greater
precision and clarity.
201 Application
This section provides that these guidelines apply to the design,
construction, or alteration of covered facilities. The requirements
apply to both permanent and temporary structures. No substantive
changes have been made to this section.
Comment. In the proposed rule, the term ``fixed'' had been removed
as a modifier of certain elements covered by the guidelines, such as
tables and storage. This was removed, along with references to elements
that are ``built-in.'' Some comments argued that this change could be
interpreted as broadening the scope of the guidelines to cover elements
that are not fixed or built-in.
Response. References to ``fixed'' and ``built-in'' were removed for
editorial purposes of clarity and consistency. While the scope of the
guidelines does not extend to elements that are not fixed or built-in,
the Board believes that such clarification can be appropriately
addressed in the regulations that implement the enforceable standards
based on the Board's guidelines.
202 Existing Buildings and Facilities
Section 202 establishes the scope and application of the guidelines
in the case of alterations or additions to existing facilities. Section
202.3 states that each altered element or space is required to meet the
applicable scoping provisions of Chapter 2. There are three exceptions
to this requirement, which have been revised for clarity or added in
the final rule. Criteria for alterations affecting primary function
areas (202.4) and historic facilities (202.5) are also provided. In the
final rule, the provision for primary function areas includes a new
exception for residential facilities.
Comment. An exception in the proposed rule (202.3, Exception 1)
stated that altered elements and spaces are not required to be on
accessible routes. This was intended to clarify that an accessible
route to an altered space or element does not have to be provided as
part of the work, unless the alteration is to a primary function area
covered by 202.4. Comments pointed out that while this exception was
intended to cover accessible routes to an altered space, as worded it
would also exempt accessible routes within an altered space.
Response. The Board did not intend to exempt requirements for
accessible routes within spaces that are altered. The scope of this
exception has been limited so that it applies only where elements and
spaces are altered, but the circulation path to them is not. Consistent
with the proposed rule, this exception is not permitted for alterations
to primary function areas, which are required to be connected by an
accessible path of travel (unless the cost of providing such a path is
``disproportionate'' to the overall alteration cost).
A second exception notes that compliance is required unless it is
technically infeasible, in which case compliance is required to the
maximum extent feasible (202.3, Exception 2). In the proposed rule,
this exception contained clarifying language related to this provision
that has been recast as an advisory note in the final rule.
A third exception has been added in the final rule for residential
facilities (202.3, Exception 3). This exception exempts from coverage
dwelling units not required to be accessible under the ADA or the
Rehabilitation Act of 1973,\15\ which requires that federally funded
programs and services, including those pertaining to housing, be
accessible to persons with disabilities. In finalizing the rule, the
Board has reconciled housing requirements with those of
[[Page 44090]]
other Federal regulations, as discussed below in the scoping section on
residential dwelling units (233). Regulations issued under title II of
the ADA by DOJ and HUD under section 504 of the Rehabilitation Act
require each program or activity conducted by a covered entity or a
program or activity receiving Federal financial assistance to be
readily accessible to and usable by individuals with disabilities when
the program or activity is viewed in its entirety. Meeting these
requirements may involve retrofit of existing facilities as part of a
transition plan for compliance. Dwelling units that are accessible or
that are to be made accessible under the requirements of the ADA or the
Rehabilitation Act are required to comply with the requirements of
section 202 when altered; other dwelling units are exempt under the new
exception.
---------------------------------------------------------------------------
\15\ 29 U.S.C. 701 et seq.
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Comment. Commenters expressed concern that the replacement of
telephones would trigger more extensive alterations, such as a
requirement to lower a telephone installed at 54 inches (currently
permitted by ADAAG) to 48 inches.
Response. Where elements are altered or replaced they must comply
with these guidelines. However, in some cases the altered element is
part of a larger element which is itself not altered. For example, pay
telephone providers sometimes replace existing telephones with new
telephones and, as part of the telephone replacement project, they do
not replace or alter the existing telephone enclosures or pedestals.
The new telephones, when replaced, must provide a volume control in
compliance with section 704.3 that provides up to 20 decibels of gain;
original ADAAG 4.31.5(2) only required 18 decibels of gain. However,
the existing unaltered telephone enclosures or pedestals need not be
lowered so that the telephones comply with the new 48 inch reach
requirement established in section 308. Similarly, if a narrow door is
replaced, the doorway need not be widened as a consequence of the door
replacement. However, if new operating hardware is provided for the
door, the hardware must comply with section 404.2.7.
Comment. Commenters indicated that it is common practice to reduce
the number of existing telephones in telephone banks in order to
reconcile the supply of pay telephones with the demand; noting also an
overall decrease in the demand for pay telephones. The comments
requested clarification as to whether the removal of an inaccessible
pay telephone would be an alteration that would trigger a requirement
to lower an adjacent wheelchair accessible pay telephone from 54 inches
(currently permitted by ADAAG) to 48 inches.
Response. Inaccessible pay telephones may be removed without
triggering requirements for lowering adjacent wheelchair accessible pay
telephones, provided that the telephone enclosure or pedestal is not
altered when telephones are removed.
Alterations to areas containing a primary function must include an
accessible path of travel to the altered area unless it is
disproportionate in cost or scope (202.4). This provision is intended
to ensure that such areas, when altered, are on an accessible route and
are served by accessible rest rooms, telephones, and drinking
fountains. Requirements specific to altered residential dwelling units
in section 233.3 effectively substitute for this provision by ensuring
an accessible route to those dwelling units required to comply as part
of an alteration. For consistency and clarity, the Board has exempted
residential dwelling units from the requirements for altered primary
function areas.
Comment. Comments from the historic preservation community
requested that information be provided on the consultation procedures
to be followed when applying the exceptions for alterations to
qualified historic buildings or facilities in section 202.5. They also
requested that the specific language for the exceptions for accessible
routes, entrances, and toilet facilities be included in section 202.5,
instead of in the various scoping provisions for those elements. In
addition, they requested that information be provided on the obligation
of public entities that operate historic preservation programs to
achieve program accessibility under the DOJ regulations.
Response. The final rule includes advisory information in section
202.5 on the consultation procedures to be followed when applying the
exceptions for alterations to qualified historic buildings or
facilities. This information derives from advisory information in the
original ADAAG (section 4.1.7). When an entity believes that compliance
with the requirements for accessible routes, entrances, or toilet
facilities would threaten or destroy the historic significance of the
building or facility, the entity should consult with its State Historic
Preservation Officer. If the State Historic Preservation Officer agrees
that compliance with the requirements for a specific element would
threaten or destroy the historic significance of the building or
facility, use of the exception for that element is permitted. The
advisory note to section 202.5 also references the scoping provisions
for accessible routes, entrances, and toilet facilities where the
specific language for the exceptions for qualified historic buildings
and facilities are found. Information has also been included in the
advisory note to section 202.5 on the obligation of public entities
that operate historic preservation programs to achieve program
accessibility under the DOJ regulations.
203 General Exceptions
Certain spaces are generally exempt from the guidelines, including
construction sites (203.2), raised areas (203.3), limited access spaces
(203.4), machinery spaces (203.5), single occupant structures (203.6),
certain areas within detention and correctional facilities (203.7) and
residential facilities (203.8), employee work areas (203.9), and
various spaces within recreation and sports facilities (203.10 through
203.14). These provisions have been editorially revised and renumbered
in the final rule. Specifically, clarification has been added that
exempt spaces ``are not required to comply with these requirements or
to be served by an accessible route,'' which is more precise than the
phrase in the proposed rule that such spaces ``are not required to be
accessible.'' This is part of a global editorial revision to replace
the term ``accessible'' throughout the text with more specific
language. In addition, the reference in the exception at 203.5 to
spaces frequented only by service personnel has been changed from
``equipment spaces'' to ``machinery spaces,'' which was considered a
more specific and accurate reference to the type of spaces covered by
this exception. The Board's guidelines for recreation facilities
contain exceptions for certain limited spaces within recreation and
sports facilities that have been incorporated into the final rule.
These exceptions address raised refereeing, judging, and scoring areas
(203.10), water slides (203.11), animal containment areas (203.12),
raised boxing and wrestling rings (203.13), and diving boards and
platforms (203.14).
Substantive changes are made to the exceptions for limited access
spaces and employee work areas. The exception at 203.4 covers limited
access spaces, such as those accessed by ladders, catwalks, crawl
spaces, or very narrow passageways. A reference to ``tunnels'' has been
removed from this list, as this term could apply to spaces intended for
coverage, such as underground connections between buildings and
pedestrian connections required to be
[[Page 44091]]
accessible in provisions for accessible routes (206.4.3).
203.9 Employee Work Areas
Provisions for employee work areas in 203.9 require that accessible
routes and accessible means of egress connect with employee work areas
so that persons with disabilities can approach, enter, and exit the
work area. Employee work areas are also subject to requirements that
facilitate the provision of visual alarms. Specifically, employee work
areas must meet accessibility requirements for:
Circulation paths for common use within the area, except
for those that are an integral part of equipment or that are located in
work areas that are relatively small (i.e., less than 1,000 square
feet) or fully exposed to the weather (206.2.8).
Means of egress (207.1).
Wiring systems to support later installation of visual
alarms as needed where work areas have audible fire alarm coverage
(215.2).
There are limitations on the application of these requirements.
Small work areas (i.e., less than 300 square feet in area) that need to
be elevated at least seven inches due to the function of the space are
not required to comply with any of these requirements. In addition,
other provisions in section 203 exempt spaces or structures that may
function as work areas, such as raised areas, limited access spaces,
machinery spaces, and single occupant structures (203.3 to 203.6).
Circulation paths within work areas that are not fully exempt from
compliance are required to comply with specifications for accessible
routes, but exceptions are provided for route widths and handrails in
certain instances.
This section differs from the proposed rule, which required a
connecting accessible route to work areas for approach, entry, and
exit, but which did not specifically address circulation paths within
them or requirements for accessible means of egress. In addition, the
proposed rule required visual alarms in employee work areas served by
audible alarms.
Access to employee work areas was the subject of considerable
discussion and a host of questions posed by the Board in the proposed
rule. The issues centered on whether, and to what degree, access should
be expanded within such areas. The original ADAAG required access to,
but not fully within, employee work areas since title I of the ADA
generally treats access for employees with disabilities as an
individual accommodation handled on a case-by-case basis. Consequently,
the original guidelines distinguished spaces used only as employee work
areas from public use and common use spaces, which are fully subject to
access requirements. In effect, requirements in ADAAG stopped at the
entry to work areas by requiring only that such spaces be on an
accessible route so that persons with disabilities could approach,
enter, and exit the space. Maneuvering space, including wheelchair
turning space, was not required within the work area, and elements
within used only by employees as part of their job responsibilities
were not required to be accessible. Nor was access required to
individual work stations within a work area.
The ADAAG Review Advisory Committee recommended that ADAAG be
changed to require an accessible route to each ``individual work
station'' instead of to ``work areas.'' Other than the connecting
route, work stations would not be required to be accessible. The
advisory committee recommended this change for consistency with model
building codes which, unlike ADAAG, do not provide a similar exception
for work areas. Building and fire codes already require connecting
paths of travel to work stations for purposes of emergency egress. In
the advisory committee's view, this aspect of the model building codes,
as well as general exceptions for equipment and other spaces in section
203, would serve to limit the overall impact of this change. Further,
the requirement for an ``accessible route'' to individual work
stations, as opposed to access for ``approach, entry, and exit'' to
work areas, was considered clearer and more easily interpreted.
The Board, while committed to harmonizing the ADAAG requirements
with the requirements of the model codes, was concerned about whether
such a requirement would be workable in all employment settings.
Consequently, the Board posed several questions in the proposed rule on
the appropriateness and impact of requiring an accessible route to
individual work stations.
Comment. Many comments addressed access to work areas. The majority
of comments were from people with disabilities who supported the
recommendations of the ADAAG Review Advisory Committee to require an
accessible route to all individual work stations. They stated that not
providing an accessible route to all work stations would limit
employment opportunities, make reasonable accommodation more difficult
to implement, and exclude people with disabilities from interacting
with other employees while in the workplace. The Board sought comment
on what obstacles people with disabilities have encountered as a result
of ADAAG requiring access only to work areas and not to individual work
stations (Question 1). Responses to this question generally referred to
employment or reasonable accommodation of persons with disabilities
being made more difficult, although specific cases or instances were
not detailed. The majority of comments against providing an accessible
route to individual work stations came from organizations representing
the business community. These comments considered the original ADAAG
requirements to be more consistent with the intent of title I of the
ADA and urged that they be retained. Increased costs and design impacts
associated with greater access to work areas or individual work
stations were generally cited as a concern.
Response. The final rule preserves the general scope of coverage in
the proposed rule and current ADAAG by applying requirements to work
areas, as opposed to individual work stations. Enhanced specifications
for circulation access in work areas will effectively provide access to
individual work stations in various types of work areas. However, the
Board has limited the requirements for circulation access to interior
work areas that are 1,000 square feet or more in size in order to
minimize the impact on facilities with small work areas.
Comment. The Board requested comment on the impact of requiring
access to ``individual work stations'' rather than to ``employee work
areas'' (Question 2). Comments provided no clear consensus on this
issue. People with disabilities stated that the impact would be minimal
due to requirements in the model codes, a consideration shared by the
ADAAG Review Advisory Committee. They also felt that not requiring
access to individual work stations would limit their employment
opportunities. The business community disputed the assertion that
compliance with life safety codes would achieve an accessible route in
all circumstances and noted that such a requirement would severely
impact many small businesses.
Response. The final rule requires that common use circulation paths
within work areas satisfy requirements for accessible routes in section
402. This will facilitate accommodation of employees, while recognizing
constraints posed by certain work areas, including various types of
equipment within. The final rule does not require full accessibility
within the work area or
[[Page 44092]]
to every individual work station but does require that a framework of
common use circulation pathways within the work area as a whole be
accessible. This provision is generally consistent, but somewhat less
stringent, than the requirements in the model building codes. In
addition, exceptions to certain technical requirements for route width
(403.5) and ramp handrails (405.8) are provided for circulation paths
in certain work areas in order to prevent design conflicts.
Comment. Information was requested in the proposed rule on specific
types of individual work stations, not otherwise exempt in the
guidelines, that could not be served by an accessible route (Question
3). People with disabilities generally noted that all areas of a newly
constructed building should be on an accessible route. Comments from
industry mentioned various types of work stations that would not easily
be served by an accessible route. These included press boxes, service
bays, including grease pits in automotive centers, the employee side of
check-out counters, compact restaurant kitchens, spot light towers,
boom and other camera positions, cocktail bars, and lighting control
booths.
Response. The Board has added exceptions at 203.9 and 206.2.8 for
work areas that are raised, small, exterior, or an integral part of
equipment. Work areas that are less than 300 square feet that have to
be elevated seven inches or more because it is essential to the space's
function are exempt from provisions for work areas entirely. Other
exceptions in section 203, such as those covering raised areas (203.3),
limited access spaces (203.4), machinery spaces (203.5), and single
occupant structures (203.6) would apply to some of the mentioned types
of work stations. In addition, an exception to accessible route
requirements has been provided for press boxes (206.2.7), which is
further discussed below in section 206.
Comment. The Board also sought information about whether the phrase
``areas used only by employees as work areas'' has been misinterpreted
or considered unclear, and if it should be clarified in the final rule
to prevent misinterpretation (Question 4). People with disabilities
wanted clarification that employee common use areas not used as work
areas must be fully accessible and do not qualify for the limited level
of access permitted for areas used only by employees as work areas.
Comments from industry generally supported the interpretation of this
phrase. The Board sought information about whether the term
``individual employee work stations'' is sufficiently specific or if
further clarification, qualification, or definition would be needed
should a requirement be added to the final guidelines. Comments
provided no clear consensus on this question.
Response. ``Employee work area'' is defined as spaces or portions
of spaces used only by employees for work. This definition, which has
been retained in the final rule without change, notes that corridors,
toilet rooms, kitchenettes, and break rooms are not employee work
areas. A definition for individual employee work station has not been
included as the term is not used in the final rule.
204 Protruding Objects
Few comments were received on the scoping provision for protruding
objects, which remains unchanged. Exceptions developed for sport
activity areas and play areas in separate rulemakings on recreation
facilities and on play areas are included in the final rule (204.1
Exceptions 1 and 2).
205 Operable Parts
The guidelines require operable parts on accessible routes and in
accessible rooms and spaces to be accessible. Clarification has been
added that operable parts on accessible elements are required to comply
as well, which is consistent with technical provisions for various
types of covered elements.
In the final rule, exceptions to this provision have been added.
Some have been relocated from the technical provisions for operable
parts in section 309. Exceptions in 205.1 cover:
Operable parts intended for use only by service or
maintenance personnel (Exception 1).
Electrical or communication receptacles serving a
dedicated use (Exception 2).
Certain outlets at kitchen counters (Exception 3).
Floor electrical receptacles (Exception 4).
HVAC diffusers (Exception 5).
Redundant controls, other than light switches, provided
for a single element (Exception 6).
Boat securement devices (Exception 7).
Exercise machines (Exception 8).
The proposed rule contained an exception from the technical
requirement that operable parts be within accessible reach ranges
(309.3). This exception applied ``where the use of special equipment
dictates otherwise or where electrical and communication system
receptacles are not normally intended for use by building or facility
occupants.'' Since such operable parts may merit exception from some of
the other technical criteria in 309, the exception has been revised to
exempt such equipment generally and has been relocated to the scoping
provision in section 205. The original exception has been divided in
separate parts covering different types of elements: operable parts
intended only for use by service or maintenance personnel (Exception
1); electrical or communication receptacles serving a dedicated use
(Exception 2); and floor electrical receptacles (Exception 4).
Three exceptions derive from provisions that were specific to
residential dwelling units in the proposed rule (section 1102.9). They
were relocated to section 205 and made generally applicable to all
types of facilities. These cover certain outlets above kitchen
countertops (Exception 3); HVAC diffusers (Exception 5); and redundant
controls on elements other than light switches (Exception 6). This
latter exception derives from exemptions in the proposed rule for range
hood controls and controls mounted on ceiling fans in residential
facilities. This exception has been broadened to cover other types of
redundant controls, except light switches.
Exceptions the Board developed in rulemaking on recreation
facilities are included in the final rule. These exceptions permit
cleats and other boat securement devices to be outside accessible reach
ranges (Exception 7) and generally exempt exercise machines from
requirements for controls and operating mechanisms, including reach
range and operating force specifications (Exception 8).
206 Accessible Routes
This section specifies the required number of accessible routes
(206.2) and their location (206.3), and addresses elements on
accessible routes such as entrances (206.4), doors, doorways, and gates
(206.5), platform lifts (206.7), and security barriers (206.8).
Section 206.2 specifies where accessible routes are required within
a site, including their connection to accessible buildings, stories,
spaces, and elements. In addition, there are provisions specific to
restaurants and cafeteria dining areas, performance areas, press boxes,
employee work areas, and various types of recreation facilities.
Editorial revisions made to this section include:
Clarification that ``at least one'' accessible route is
required between facilities and public streets and sidewalks, parking,
passenger loading
[[Page 44093]]
zones, and public transportation stops (206.2.1).
Revising the requirement for accessible routes between
floor levels as applying to ``multi-story'' facilities and ``stories''
within, as opposed to ``levels,'' the term used in the proposed rule
(206.2.3, including the exceptions).
Relocation of an exception for assembly areas in 206.2.3
to 206.2.4 (Exception 2).
Clarifying an exception for certain raised courtroom
stations by adding specific references to the types of spaces covered
(206.2.4 Exception 1).
Incorporation of provisions for recreation facilities that
address accessible routes to amusement rides (206.2.9), boating
facilities (206.10), bowling lanes (206.11), court sports (206.12),
exercise machines (206.13), fishing piers and platforms (206.14), golf
facilities (206.15), miniature golf facilities (206.16), and play areas
(206.17).
Substantive changes, further discussed below, include:
Modifying the exception for an accessible route in certain
public facilities (206.2.3 Exception 2).
A new exception for mezzanines in one story buildings
(206.2.4 Exception 3).
A new exception for dining areas in sports facilities
(206.2.5 Exception 3).
Revision of the requirement for accessible routes to
performance areas (206.2.6).
A new provision and exception for press boxes (206.2.7).
A new provision and exceptions for employee work areas
(206.2.8).
Comment. Public facilities, which are defined as State and local
government facilities, are permitted an exception from the requirement
for access between stories (206.2.3, Exception 2). In the proposed
rule, this exception pertained to public facilities that are less than
three stories and are not open to the public if the level above or
below the accessible level houses no more than five persons and is less
than 500 square feet. Comments considered the limit based on occupant
load to be sufficient and suggested that the square footage cap was
unnecessary.
Response. The 500 square foot maximum was based on a floor area
allowance of 100 square feet per occupant, which is consistent with
model building code requirements for business and industrial
occupancies used in determining the occupant load for egress purposes.
The Board agrees that the maximum occupant load is an effective cap on
the size of buildings eligible for this exception. The square footage
specification has been removed as a criterion of this exception.
The Board has clarified requirements for vertical access to
mezzanines. While elevators, where provided, must serve all stories,
including mezzanines where provided, ADAAG has not been clear on
whether some form of vertical access is nonetheless required to a
mezzanine level where no elevator is provided, such as a one-story
building. Since mezzanines are elevated at heights similar to a full
story, access by ramp or certain platform lifts may not provide a
practical alternative. The final rule includes an exception at 206.2.4,
Exception 3 stating that an accessible route to mezzanines is not
required in facilities that are not subject to the requirement for an
elevator, including one story buildings and those that qualify for the
elevator exemption.
Comment. Designers called attention to dining areas integrated into
the seating bowl of sports venues that are tiered in order to provide
adequate lines of sight. These comments pointed out that it is
difficult to provide accessible routes to much of the seating in such
dining areas.
Response. An exception is included in the final rule for tiered
dining areas in sports facilities at 206.2.5, Exception 3. Under this
exception, access is not required to all dining areas, as is otherwise
required. Instead, 25% of the dining area is required to be accessible
provided that accessible routes connect seating required to be
accessible, and each tier is provided with the same services.
Comment. The proposed rule required that an accessible route be
provided where a circulation path ``directly connects'' seating and
performance areas (206.2.6). Comments recommended that the accessible
route should also directly connect such spaces to provide an equivalent
level of access. Otherwise, it may be possible to provide access to
performance areas through a more circuitous route and still be in
compliance.
Response. Clarification has been added that the accessible route
``shall directly connect the seating area with the performance area''
where a circulation path is provided to do the same. This revision will
ensure that the accessible route to a performance area is comparable to
the general circulation route.
Since ADAAG was first published, many questions have been received
about its proper application to press boxes at various sports
facilities, particularly high schools. Such structures, which can be
prefabricated, are significantly elevated above ground. Some are
located at the top of bleachers. As a result, their design and location
have posed unique challenges to the provision of a connecting
accessible route. In the final rule, the Board has addressed the
concerns raised in many technical inquiries by providing an exception
for press boxes at 206.2.7. Press boxes in assembly facilities are
required to be on an accessible route except for certain bleacher-
mounted and free-standing types. An accessible route is not required to
press boxes with 500 square feet or less of aggregate space that are
located on bleachers with entrances on only one level (Exception 1).
Free-standing structures are exempt if they are elevated more than 12
feet and have an aggregate area that is 500 square feet or less
(Exception 2).
Section 206.2.8 establishes new provisions for employee work areas.
The proposed rule required such areas to be on an accessible route so
that people with disabilities could approach, enter, and exit the
space. In the final rule, the Board has added a requirement that common
use circulation paths, where provided within employee work areas, also
be accessible by meeting the requirements for accessible routes in
section 402. The basis for this change is discussed above under section
203.9 (Employee Work Areas). This revision provides for greater
maneuvering access within work areas but does not require elements or
equipment that are part of a work station to comply with any other
requirements. This requirement is limited to relatively sizable,
interior work spaces. Exceptions are provided for small work areas that
are less than 1,000 square feet in size (Exception 1), circulation
paths that are an integral part of equipment (Exception 2), and
exterior work areas that are fully exposed to the weather (Exception
3).
Section 206.4 covers entrances. Substantive changes include:
Increasing scoping for public entrances (206.4.1).
Removing a requirement for accessible ground floor
entrances (206.4.3 in the proposed rule).
Revision of provision for parking structure entrances
(206.4.2).
Editorial changes include reordering of provisions and the addition
of requirements specific to transportation facilities (206.4.4) and
residential dwelling units (206.4.6) that were previously located in
chapters specific to those facilities. Scoping requirements for signs
at entrances have been moved to the scoping for signs at section 216.
Comment. The proposed rule specified that at least 50% of public
entrances be accessible (206.4.3). Many persons with disabilities urged
the
[[Page 44094]]
Board to increase this scoping so that they have equal access in terms
of convenience, entry options, travel distances, and proximity to
accessible parking. Some commenters argued that all public entrances
should be accessible.
Response. The minimum number of entrances required to be accessible
has been increased from 50% to 60% in the final rule. While access to
all entrances is desirable, a variety of conditions on a site can make
access to every entrance difficult and costly. For example, facilities
located on steep hillsides may have entrances elevated significantly
above grade. However, this consideration, in the Board's view, is not
as relevant to connections from parking structures. In final rule, the
Board has required all pedestrian connections between parking
structures and facility entrances to be accessible (206.4.2). This
represents an increase from the proposed rule, which required only one
to be accessible.
Comment. The proposed rule required that at least one accessible
entrance be a ground floor entrance (206.4.3). Commenters recommended
that this stipulation be removed since the ground floor may not always
be the primary floor. In such conditions, the provision would not
enhance accessibility.
Response. The requirement that at least one accessible entrance be
a ground floor entrance has been removed in the final rule.
Comment. Section 206.4.2 covers access to pedestrian connections
between parking structures and facility entrances. In the proposed
rule, this requirement referred to ``parking garages.'' Comments
considered that term to be too narrow and recommended alternatives such
as ``parking facilities.''
Response. The reference to ``parking garage'' has been changed to
``parking structure'' in the final rule.
Section 206.5 provides scoping requirements for doors, doorways,
and gates. Revisions include:
Clarification of a provision covering doors and doorways
in inaccessible transient lodging guest rooms in section 206.5.3
(located at 224.1.2 in the proposed rule).
Addition of a new exception from this requirement for
shower and sauna doors (206.5.3, Exception).
This section also includes a provision for doors and doorways in
residential dwelling units (206.5.4) that has been relocated from
Chapter 11.
Comment. In transient lodging facilities, doors and doorways in
inaccessible guest rooms are required to provide a clear width of at
least 32 inches. This specification stems from the original ADAAG and
is intended to afford some access to inaccessible guest rooms for
visitation purposes. Clarification was requested on which types of
doors this is intended to cover and whether it applies to shower doors.
Response. In the final rule, clarification has been added in
206.5.3 that the 32 inch minimum clearance applies to those doors
``providing user passage'' into and within guest rooms not required to
be accessible. In addition, the Board has added an exception that
exempts shower and sauna doors in inaccessible guest rooms from this
requirement. Corresponding changes have been made to a similar
provision in the scoping section for transient lodging facilities
(224.1.2).
Scoping requirements for elevators in section 206.6 reference
technical criteria for standard passenger elevators, destination-
oriented elevators, existing elevators that are altered, limited-use/
limited-application (LULA) elevators, and private residence elevators.
Destination-oriented elevators are different from typical elevators in
that they provide a means of indicating the desired floor at the
location of the call button, usually through a key pad, instead of a
control panel inside the car. Responding cars are programmed for
maximum efficiency by reducing the number of stops any passenger
experiences. Limited-use/limited-application (LULA) elevators are
typically smaller and slower than other passenger elevators and are
used for low-traffic, low-rise installations, including residential
facilities.
Scoping provisions have been editorially revised to correspond to
reorganized technical criteria in Chapter 4. Specifically, requirements
for destination-oriented elevators and altered elevators have been
integrated into the specifications for standard elevators (407). LULA
elevators (408) and private residence elevators (409) are addressed in
separate sections since their specifications vary considerably from the
other elevator types. Scoping for private residence elevators (206.6,
Exception 2) has been relocated from Chapter 11.
Section 206.6 requires each passenger elevator to comply with the
requirements for standard elevators or destination-oriented elevators.
LULA elevators are permitted in those facilities that are exempt from
the requirement for an elevator (206.6 Exception 1).
Comment. Industry, facility operators, designers and some
disability groups strongly supported LULA elevators as an alternative
where a standard elevator is not required. Some comments from persons
with disabilities opposed allowing use of LULA elevators over concern
about their size and accessibility.
Response. The ADA's statutory language exempts certain facilities
from the requirement for an elevator. The Board has retained the
exception permitting LULA elevators, since it offers a more economical
alternative than a standard elevator and thus may help encourage
inclusion of some vertical access where none is mandated. The technical
criteria for LULA elevators specify minimum car sizes that ensure
adequate accessibility. In addition, the Board has revised the
exception to also allow LULA elevators as an alternative to platform
lifts, since such elevators provide an equivalent, if not greater,
degree of access.
Comment. The guidelines provide an exception for private sector
facilities based on the number of stories or the square footage per
floor (206.2.3, Exception 1). A much narrower exception is permitted
for State and local government facilities (206.2.3, Exception 2). The
Board sought comment on whether LULA elevators should be allowed
instead of a standard elevator in certain small State or local
government facilities. There were few comments in response to this
question.
Response. No changes have been made regarding LULA elevators that
are specific to State and local government facilities. Any facility,
regardless of whether it is a public or private facility, may be
equipped with a LULA elevator if is not required to have an elevator.
LULA elevators may also be used as a substitute for platform lifts.
Comment. The guidelines require that when one elevator is altered,
the same alteration has to be carried out for all elevators programmed
to respond to the same hall call control (206.6.1). Commenters opposed
this requirement as excessive and argued that it goes beyond the
potential scope of an elevator alteration. Generally under the
guidelines, the requirements apply only to the element to be altered
and not those outside the intended scope of work (except for
alterations to primary function areas and the requirement for
accessible paths of travel).
Response. This provision is unique in requiring an alteration to be
replicated to corresponding elements (elevator cars) because it
addresses an equally unique circumstance. Elevator users typically do
not control which elevator will respond to a call. If one car is
altered and as a result made accessible, it would make continuous
access on that elevator a game of chance, with the
[[Page 44095]]
odds higher for each additional car responding to the call that is not
similarly altered.
Section 206.7 specifies where platform lifts can be installed. In
new construction, platform lifts are permitted as a means of vertical
access to certain spaces, including performance areas and speakers'
platforms (206.7.1), wheelchair spaces in assembly areas (206.7.2),
incidental spaces not open to the public that house no more than five
persons (206.7.3), and various work spaces in courtrooms (206.7.4). In
the final rule, provisions have been added that permit platform lifts
where exterior site constraints make installation of a ramp or elevator
infeasible (206.7.5) and in residential dwelling units and transient
lodging guest rooms (206.7.6). Also included in the final rule are
provisions developed in separate rulemakings on recreation and play
facilities that permit platforms lifts to be used to provide access to
amusement rides (206.7.7), play equipment and structures (206.7.8),
team or player seating areas in sports facilities (206.7.9), and
boating facilities, fishing piers, and fishing platforms (206.7.10).
Comment. Comments suggested that the guidelines use the industry
term ``platform lifts'' instead of ``wheelchair (platform) lifts.'' The
recommended term does not suggest that such platforms are limited to
people who use wheelchairs.
Response. The term ``wheelchair (platform) lifts'' has been
replaced with ``platform lifts'' throughout the document.
Comment. Original ADAAG allowed use of platform lifts where ramps
or lifts are infeasible due to existing site constraints (4.1.3(5),
Exception 4(d)). This provision was not included in the proposed rule
as it was considered unwarranted in new construction. Strong support
was expressed for reinstating this exception, particularly among
industry. These comments referred to conditions that could pose
significant challenges to access in new construction.
Response. The provision for existing site constraints has been
reinserted in the final rule at section 206.7.5. It is intended to
apply to instances where exterior site constraints posed by the
topography make ramp or elevator access infeasible. Although the
triggering condition (site constraints) must be exterior, the permitted
platform lift may in fact be located in the interior of a building.
This clarification is provided in an advisory note to this provision.
Section 206.7.6 permits platform lifts in residential dwelling
units and transient lodging guest rooms. The Board included this
provision in the final rule since it considers lift access appropriate
in such spaces.
Section 206.8 requires that an accessible route or accessible means
of egress be maintained where security barriers or check points are
provided. It also requires that people with disabilities be able to
maintain visual contact with their personal items to the same extent
afforded others passing through barriers.
Comment. The proposed rule specified that people with disabilities
be able to maintain visual contact with their personal belongings while
``passing though'' security barriers. Comments stated that the
maintenance of visual contact should be ensured from the accessible
route, which may not coincide with the route through barriers.
Response. Clarification has been added that ``the accessible route
shall permit persons with disabilities passing around security barriers
to maintain visual contact with their personal items to the same extent
provided others passing through the security barrier.''
207 Accessible Means of Egress
Provisions for accessible means of egress are completely revised in
the final rule. Provisions in the proposed rule were intended to be
more consistent with model building codes and standards. In the final
rule, the Board has taken this a step further by directly referencing
the scoping and technical requirements in the International Building
Code (IBC) for accessible means of egress. All technical criteria for
accessible means of egress (409), including areas of refuge (410) have
been removed in the final rule. Information on the IBC requirements for
accessible means of egress is available on the Board's website at
www.access-board.gov and in advisory notes.
The proposed rule, consistent with model building codes and
standards, specified at least one accessible means of egress for all
accessible spaces and at least two accessible means of egress where
more than one means of egress was required. In addition, it provided a
new requirement for an evacuation elevator to be provided as an
accessible means of egress in buildings with four or more stories above
or below the exit discharge level, which is also consistent with model
building codes.
The proposed scoping provisions referenced technical criteria for
accessible means of egress, including exit stairways and evacuation
elevators (409). These specifications allowed use of exit stairways and
elevators that are part of an accessible means of egress when provided
in conjunction with horizontal exits or areas of refuge. While typical
elevators are not designed to be used during an emergency evacuation,
there are elevators that are designed with standby power and other
features in accordance with the elevator safety standard that can be
used for evacuation. The proposed rule also provided requirements for
areas of refuge, which are fire-rated spaces on levels above or below
the exit discharge levels where people unable to use stairs can go to
register a call for evacuation assistance and wait for it.
Comment. Many comments supported the Board's overall effort to
harmonize its guidelines with model building codes and life safety
codes. Some considered this particularly important in specifications
related to life and fire safety. To further underscore this effort, it
was recommended that the Board directly rely on the International
Building Code (IBC) in addressing accessible means of egress.
Response. Historically, the Board's guidelines have ``piggybacked''
model building and life safety codes in addressing accessible means of
egress, particularly for scoping purposes. The required number was
specified according to the number of means of egress or exits required
by model building codes. The IBC's scoping and technical requirements
for accessible means of egress are substantively consistent with the
provisions contained in the proposed rule. For purposes of
harmonization and simplicity, the Board has replaced these provisions
with a reference in section 207.1 to a specific section of the IBC
(1003.2.13 in the 2000 edition and 1007 in the 2003 edition).
Comment. In response to the draft final guidelines, the National
Fire Protection Association (NFPA) urged the Board to reference its
Life Safety Code (NFPA 101), a voluntary consensus code which contains
scoping and technical provisions for accessible means of egress. NFPA
requested that the final guidelines reference the 2000 edition of the
Life Safety Code in addition to the IBC provisions for accessible means
of egress.
Response. Requirements for accessible means of egress in the IBC
are consistent with those the Board has proposed. Further, they are
provided in the IBC in a discrete section (1003.2.13), which the final
guidelines specifically reference. Specifications for accessible means
of egress in the Life Safety Code are provided throughout that
document. Consequently, NFPA's request would require a reference to the
complete Life
[[Page 44096]]
Safety Code. For this reason, the Board has retained its references to
the IBC for accessible means of egress. The final guidelines do
reference NFPA's National Fire Alarm Code (NFPA 72-1999) with respect
to technical requirements for visual alarms, further discussed below in
section 702.
The Board had considered adding a provision, which was included in
the draft of the final guidelines, that would have required accessible
means of egress to be connected to the level of exit discharge by an
accessible route. This would have been required except where the floor
level is 30 inches or more above or below the level of exit discharge.
In such cases, areas of rescue assistance would have been permitted in
lieu of an accessible route to the level of exit discharge. The Board
sought to incorporate a similar provision into the IBC. The IBC
Committee on Means of Egress did not approve adding such a provision
into the IBC. The IBC Committee and others believed that the rationale
for areas of rescue assistance was relevant not just to the levels
above and below the exit discharge level, but also to the level of exit
discharge itself. The Board's provision recognized elevation
differentials that would make connection by an accessible route very
difficult even in new construction. This recognition, it was argued,
should not be limited by a specific elevation change (i.e., 30 inches).
For purposes of harmonization, the Board has removed this provision in
the final rule.
Comment. Comments suggested that situations should be addressed
where accessible means of egress should be allowed to coincide, such as
a space that provides few wheelchair spaces.
Response. The final rule includes an exception acknowledging that
accessible means of egress can share a common path of egress travel
where this is permitted for means of egress by local building or life
safety codes (207.1, Exception 1).
In addition, the Board has retained in the final rule an exemption
for detention and correctional facilities from the requirement for
areas of refuge (Exception 2). This exception was provided because such
areas are considered a security risk and evacuation is typically
supervised in these types of occupancies.
The Board has added a new provision specific to platform lifts. The
proposed rule allowed accessible routes to serve as accessible means of
egress, except for wheelchair lifts, which are not permitted as part of
an accessible means of egress because they are not generally provided
with standby power that would allow them to remain functional in
emergencies when power is lost. The final rule includes a provision
that allows platform lifts with standby power to be part of an
accessible means of egress where the IBC permits lift access (207.2).
This change helps ensure that necessary accessible means of egress from
spaces served by platform lifts are maintained in emergencies.
208 Parking Spaces
Section 208 specifies the minimum number of parking spaces required
to be accessible. In general, required access is determined by a
sliding scale based on the total number of spaces provided (Table
208.2). This section includes scoping requirements specific to hospital
outpatient facilities (208.2.1), rehabilitation facilities and
outpatient physical therapy facilities (208.2.2), residential
facilities (208.2.3), and van spaces (208.2.4). Changes made in the
final rule include:
Removing an exception for ``motor pools'' (208.1,
Exception).
Clarifying scoping, including where multiple parking
facilities are provided on a site (208.2).
Clarifying requirements for parking at residential
facilities (208.2.3).
Increasing the portion of accessible spaces that
accommodate vans (208.2.4).
Relocation of requirements for signage to the scoping
section on signs (216.5).
Section 208.1 exempts spaces used exclusively for buses, trucks,
other delivery vehicles, law enforcement vehicles, and vehicular
impound where public access lots are provided with accessible passenger
loading zones. The proposed rule included in this list a reference to
``motor pools,'' which the Board has removed in the final rule.
Comment. The scoping table in the proposed rule specified the
minimum number based on the total number of parking spaces provided in
a parking lot. Commenters indicated that this term could be construed
as applying only to surface lots, even though the requirement is
intended to apply to parking garages and other types of parking
structures as well.
Response. The Board has replaced the references to ``parking lots''
with the term ``parking facility,'' which is more inclusive of the
various types of parking covered by this section.
Comment. Persons with disabilities urged an increase in the number
of parking spaces required to be accessible. Other commenters,
including those representing facility operators, asked for a reduction
in this number because existing accessible spaces are believed to be
underutilized. Comments also opposed basing scoping on the number of
spaces provided at each facility instead of the total number provided
on a site, which further serves to inflate the required number of
accessible spaces.
Response. Scoping for accessible parking spaces (excluding the
portion required to be van accessible) has not been changed in the
final rule. A strong difference of opinion exists between those who use
such spaces and those who must provide or maintain them. There was no
clear consensus among commenters on either side of this issue on an
alternative scoping level. Additionally, the final rule preserves the
application of scoping on a facility-by-facility basis instead of on
the total number provided on a site, consistent with the original ADAAG
and the proposed rule. Clarification to this effect that was provided
in an advisory note in the proposed rule has been added to the text of
the requirement in 208.2.
Parking at residential facilities is addressed in section 208.2.3.
Where parking spaces are provided for each dwelling unit, at least one
parking space for each accessible dwelling unit is required to be
accessible (208.2.3.1). The Board has clarified this provision to apply
``where at least one parking space is provided for each dwelling
unit.'' At least 2% of any additional spaces, where provided, are
required to be accessible as well (208.2.3.2). The Board has amended
requirements for guest parking (208.2.3.3) to include employee spaces,
which is consistent with the basic scoping provision applying generally
to all facility types in 208.2.
Comment. Section 208.2.4 covers van accessible spaces. The proposed
rule specified that one of every eight accessible spaces, or fraction
thereof, be designed to accommodate vans. Technical specifications for
van spaces provide for a wider access aisle to better accommodate lift-
equipped vehicles. Many comments considered this number to be wholly
insufficient. People with disabilities who use vans reported difficulty
finding available van spaces which, when provided, are too often
already occupied. Recommended alternate scoping levels varied, though
some urged that all accessible spaces be van accessible.
Response. The final rule has been revised to require one van space
for every six accessible spaces, or fraction thereof. This change does
not increase the total number of parking spaces required to be
accessible, but instead increases the portion of such spaces that must
be accessible to vans. The Board made this change due to several
factors. In addition to the response from commenters, anecdotal
information clearly suggests that the use of vans by
[[Page 44097]]
persons with disabilities is on the rise. In addition, the Board is
aware of other entities, such as the State of Maryland, that have
responded to this demand for more van spaces by doubling the required
number. Another consideration is that van spaces are not designated or
reserved exclusively for vans; their use by people who do not drive
vans can impact their availability among accessible spaces. The primary
difference between van spaces and standard accessible spaces is an
additional three feet of aisle width. The technical specifications
permit the additional space to be provided in either the aisle or the
space. The Board believes that the impact of this change is lessened by
technical requirements that allow two accessible spaces, including van
spaces, to share the same aisle.
The requirement for van spaces applies to all types of facilities,
including those that are the subject of special provisions, such as
hospital outpatient facilities (208.2.1), rehabilitation and physical
therapy facilities (208.2.2), and residential facilities (208.2.3). In
the proposed rule, the reference to rehabilitation and physical
outpatient therapy facilities covered in 208.2.2 was inadvertently
omitted. This reference has been restored in the final rule.
Section 208.3 specifies the location of accessible parking spaces.
This section has been edited to clarify:
The location of accessible spaces generally (208.3.1).
That an exception allowing van spaces to be clustered
applies to ``multi-story'' parking facilities (208.3.1, Exception 1).
That ``substantially equivalent'' or greater access in
terms of travel distance, parking fee, and user cost and convenience is
the basis upon which accessible spaces can be located in one facility
instead of another (208.3.1, Exception 2).
That accessible parking serving individual residential
dwelling units must be located on the shortest accessible route to the
units they serve (208.3.2).
Comment. Spaces can be located in other lots where equal or greater
access would result in terms of travel distance, user cost, and
convenience (208.3.1, Exception 2). Comments requested clarification of
the terms ``user cost'' and ``user convenience.''
Response. In the final rule, the Board has replaced the reference
to ``user cost'' with ``parking fee'' which it considered more
descriptive. Under this exception, accessible spaces can be located in
one parking facility instead of another so long as this does not result
in higher parking fees. The Board has clarified the term ``user
convenience'' in a new advisory note.
209 Passenger Loading Zones and Bus Stops
In general, at least one accessible passenger loading zone is
required for every 100 linear feet of loading zone space provided
(209.2.1). Additional requirements address bus loading zones and bus
stops (209.2.2 and 209.2.3), medical and long-term care facilities
(209.3), valet parking (209.4), and mechanical access parking garages
(209.5). Revisions have been made to:
Clarify the basic scoping provision (209.2.1).
Integrate requirements for bus loading zones and bus stops
previously located in a separate chapter covering transportation
facilities (209.2.2 and 209.2.3).
Modify provisions specific to medical care and long-term
care facilities (209.3).
Address mechanical access parking garages (209.5).
An accessible passenger loading zone is required for every 100
linear feet of loading zone space provided. The Board has clarified in
the final rule that this applies to ``fractions'' of this amount as
well, which is consistent with the intent of this provision as
proposed.
The proposed rule addressed bus loading areas and bus stops in
Chapter 10 (section 1002.2), which covered transportation facilities.
With the integration of this chapter into the preceding chapters, the
provisions for bus loading zones and bus stops have been incorporated
into the general scoping provisions for passenger loading zones. This
reorganization helps clarify that while these areas function as
passenger loading zones, they are subject to different technical
criteria. No substantive changes have been made to these requirements
as part of this reorganization.
Comment. Accessible passenger loading zones are required at
licensed medical care and licensed long-term care facilities. The scope
of this requirement was not clear to commenters who asked whether the
reference to medical care facilities included doctors' and dentists'
offices, clinics, and similar types of health care facilities.
Response. The Board did not intend this provision to apply to
medical facilities that do not generally provide overnight stay. In the
final rule, this requirement is limited to those medical and long-term
care facilities where the period of stay may exceed 24 hours. This
change is consistent with original ADAAG's use of the term ``medical
care facility'' and corresponds with a similar revision made to scoping
provisions for patient bedrooms in such facilities in section 223. In
addition, the Board has clarified that this provision applies only to
long-term care facilities that are licensed.
Comment. It was recommended that the guidelines address mechanical
conveyances used to elevate vehicles to different levels of parking
facilities. Comments pointed out that model building codes cover
facilities providing these vehicle lifting devices.
Response. The final rule includes a provision for ``mechanical
access parking garages'' that requires accessible passenger loading
zones at the vehicle drop-off and pick-up areas. This requirement is
consistent with model building codes.
210 Stairways
Stairs that are part of a means of egress are required to comply
with the guidelines (210.1). Exceptions are provided for certain stairs
in detention and correctional facilities and altered stairs. The final
rule modifies the exception for altered stairs (Exception 2), adds a
new exception for aisle stairs in assembly areas (Exception 3), and
incorporates an exception for play components developed in previous
rulemaking on play areas (Exception 4).
Comment. In altered facilities, stairs serving levels that are
connected by an accessible route do not have to comply, but must be
equipped with complying handrails. Comments indicated that this
requirement should apply only where an alteration affects stairs.
Otherwise, the requirement for complying handrails should not apply.
Response. The requirement for complying handrails was intended to
apply only where stairs are modified or replaced as part of an
alteration. Clarification has been added in the final rule that the
requirement for complying handrails applies ``when the stairs are
altered.''
Comment. The International Building Code and other model building
codes provide various exceptions for stairs in assembly areas to permit
design features used to accommodate sight lines. Such features include
unique riser and tread dimensions and handrail configurations. Comments
indicated that an exception should similarly be provided in the
guidelines to avoid conflict with model building codes.
Response. The final rule exempts aisle stairs in assembly areas
from the requirements for stairs.
[[Page 44098]]
211 Drinking Fountains
In addressing drinking fountains, the guidelines cover access for
people who use wheelchairs and access for standing persons who may have
difficulty bending or stooping. Where provided, 50% of drinking
fountains are required to be wheelchair accessible and 50% are required
to be accessible to standing persons (with rounding up or down
permitted in the case of odd numbers). Generally, this requires at
least two units in order to provide such access. However, single units
that provide dual access, such as those equipped with two spouts or
combination high-low types, can substitute for two separate units.
Scoping requirements apply where drinking fountains are provided on
exterior sites, on floors, and within secured areas.
This section has been editorially revised for clarity and
substantively revised in several respects:
References to ``water coolers'' have been removed (211).
The application of scoping to exterior sites has been
clarified (211.1).
An exemption for secured areas in detention and
correctional facilities has been added (211.1, Exception).
The proposed rule scoped both drinking fountains and water coolers.
The term ``water coolers'' typically refers to units that are either
identical to drinking fountains or to furnishings that are not fixed or
plumbed. The reference to water coolers was removed.
Comment. Many comments considered this section unduly complicated
and obscure in potentially requiring at least two units where drinking
fountains are provided. Commenters also opposed specific recognition of
``high-low'' units as an alternative to two separate units since other
types, such as single bowl units with two spouts, are commercially
available.
Response. Section 211 has been editorially revised to enhance
clarity. Section 211.2 now states that ``no fewer than two drinking
fountains shall be provided'' with one being wheelchair accessible and
the other designed to accommodate people who have difficulty bending or
stooping. Single units that provide both types of access are permitted
as an alternative to multiple installations (211.2 Exception). Where
fractions result (i.e., provision of an odd number of units), rounding
up or down is permitted.
In the final rule, scoping has been clarified as applying to units
provided at ``exterior sites,'' in addition to those installed on
floors. For example, if drinking fountains are provided outside a
building and on each of its floors, then dual access must be provided
at exterior locations and on each floor. If drinking fountains are
provided on one floor only, then the requirement for dual access would
apply only to that floor.
Scoping is also applied to ensure dual access in secured areas of
facilities, such as prisons and jails since circulation among occupants
may be restricted to such an area. In the proposed rule, technical
criteria applicable to detention and correctional facilities required
wheelchair access to drinking fountains serving accessible housing or
holding cells (section 807.2.4 in the proposed rule). However, the
basic scoping in section 211 would have applied equally to detention
and correctional facilities, including the requirement for units
designed to accommodate people who have difficulty bending or stooping.
In the final rule, an exception has been added to clarify that drinking
fountains serving inaccessible cells only are not required to be
accessible (211.1, Exception). Those units that serve accessible cells
are required to be accessible as required in section 211.
212 Sinks, Kitchens, and Kitchenettes
Scoping provisions in section 212 require access to kitchens and
kitchenettes, where provided. Where sinks are provided in each
accessible room or space, at least 5% of each type, but no less than
one, must be accessible, except for mop or service sinks, which are
exempt.
Comment. In the proposed rule, this scoping section referenced
``wet bars'' along with kitchens and kitchenettes. Comments, including
those representing the hotel and motel industry, considered this
reference to be unnecessary since such elements are adequately covered
through references to kitchenettes and sinks. The term ``wet bar''
could pose a source of confusion since the guidelines do not provide a
definition or specific technical criteria for such elements.
Response. The reference to ``wet bars'' has been removed in the
final rule.
The proposed rule provided several exceptions which clarified that
access to kitchens and kitchenettes is not required in inaccessible
medical care patient rooms, transient lodging guest rooms, dwelling
units, or housing cells (212.1.1, Exceptions 1 though 4). These
exceptions have been removed as unnecessary since scoping elsewhere in
Chapter 2 indicates the number of rooms, units, and cells required to
be accessible. Those not scoped are not required to be accessible.
Thus, none of the provisions in the guidelines, including those for
kitchens, would apply to rooms, units, and cells not required to be
accessible, unless otherwise indicated.
213 Toilet Facilities and Bathing Facilities
Section 213 covers access to toilet and bathing facilities,
including elements and fixtures they contain. Access is required where
toilet and bathing facilities are provided, though exceptions are
provided for certain altered facilities, including qualified historic
facilities, single user rooms, and portable units clustered at a single
location (213.2, Exceptions 1 through 4).
Substantive changes include an increase in the number of toilet
rooms clustered at a single location required to be accessible and
revision of criteria for unisex toilet and bathing rooms.
Comment. Where single user toilet rooms are clustered at a single
location, not all are required to be accessible (213.2, Exception 4).
In the proposed rule, this exception specified access to at least 5% of
such toilet rooms. This reduced scoping was limited to those toilet
rooms containing fixtures provided in excess of the number required by
the local plumbing or building code. Comments from people with
disabilities strongly opposed this reduction in access from the
original ADAAG, which required all to be accessible. Commenters felt
that this would severely limit choice and availability of accessible
toilet rooms at such locations. Some urged that all toilet rooms
clustered at a location should be required to be accessible.
Response. The exception has been modified to allow only half of the
toilet rooms clustered at a single location to be inaccessible. This
will enhance choice and availability of accessible toilet rooms while
still providing a considerable reduction in the amount required to be
accessible relative to the original ADAAG. As revised in the final
rule, this scoping is not limited to situations where the fixture count
required by the local plumbing or building code is exceeded. Thus, the
50% scoping would apply across the board to facilities clustered at a
single location without regard to the required fixture count. The Board
made this change in order to facilitate compliance.
Comment. Comments advised revising requirements for unisex toilet
and bathing rooms for greater consistency with model building codes.
Recommendations also noted that unisex facilities are also referred to
as ``single use'' or ``family'' toilet and bathing rooms in some codes.
Response. The requirements for unisex facilities have been revised
[[Page 44099]]
according to specifications in the model building codes (213.2.1).
Unisex toilet rooms must have a lavatory and privacy latch and cannot
have more than two toileting fixtures (i.e., two water closets, or one
water closet and one urinal). This differs from the proposed rule which
required unisex toilet rooms to have one water closet. Unisex bathrooms
must have a lavatory, water closet, privacy latch, and one shower, and
may have a tub in addition to a shower. The proposed rule permitted
either a shower or tub. The final rule also includes a reference
indicating that unisex toilet and bathing rooms are also known as
``single use or family'' facilities.
Editorial revisions made to the scoping provisions for toilet and
bathing facilities include:
Clarification of the requirement that toilet and bathing
facilities be provided on an accessible story in facilities exempt from
the requirement for an elevator where toilet and bathing facilities are
provided (213.1).
Relocation of requirements for signs (213.2.2 in the
proposed rule) to the signage scoping section (216.8).
Removal of exceptions for toilet and bathing rooms serving
inaccessible patient rooms, guest rooms, dwelling units, and cells
(213.2, Exceptions 5 through 8 in the proposed rule).
The proposed rule provided several exceptions which clarified that
access is not required to toilet and bathing facilities serving
inaccessible medical care patient rooms, transient lodging guest rooms,
dwelling units, or prison and jail cells (213.2, Exceptions 5 through
8). Similar to corresponding exceptions for kitchens and kitchenettes
in 212, these exceptions have been removed as unnecessary since scoping
elsewhere in Chapter 2 indicates the number of rooms, units, and cells
required to be accessible. Those not scoped are not required to be
accessible, including toilet and bathing facilities serving them.
Section 213.3 addresses plumbed fixtures and accessories.
Substantive changes have been made to scoping provisions for ambulatory
accessible toilet compartments (213.3.1) and urinals (213.3.3).
Comment. The proposed rule, consistent with the original ADAAG,
required that access for people who are ambulatory be provided, in
addition to wheelchair accessible compartments, in toilet rooms with
six or more toilet compartments. Ambulatory accessible stalls feature
parallel grab bars on both sides and a self-closing door and are
designed to accommodate people who may have difficulty walking,
sitting, or rising. Comments pointed to a disparity in the application
of this requirement between men's and women's rooms since the provision
is triggered by the number of compartments without taking into account
urinals. The number of toilet compartments in a men's rooms may be
lower than in a women's rooms due to the provision of urinals.
Response. The requirement for ambulatory accessible compartments
has been revised so that it applies equitably between men's and women's
rooms (213.3.1). The provision has been modified to apply where six or
more toilet compartments are provided or where ``the combination of
urinals and water closets totals six or more fixtures.''
Comment. Where urinals are provided, the proposed rule specified at
least one to be accessible. Comments, particularly those from industry,
urged that this requirement be removed. Some comments questioned the
degree to which men with disabilities use or prefer urinals over water
closets. Several comments indicated that some building codes have been
revised to permit stall-type urinals, which can facilitate the emptying
of leg bags.
Response. The Board believes that access to urinals should be
required to preserve a degree of choice in the type of toilet fixtures
available. However, the scoping requirement has been revised to apply
where more than one urinal is provided. Thus, accessible urinals are
not required in toilet rooms equipped with one urinal.
Editorial changes made to scoping provisions in 213.3 for plumbed
fixtures and accessories include:
Removing as unnecessary the distinction between toilet
compartments and toilet rooms in scoping accessible water closets
(213.3.1, 213.3.2).
Clarifying the prohibition on accessible lavatories being
placed in toilet compartments (213.3.4).
Removing references to operable parts dispensers, and
receptacles, as such elements are generally covered by scoping in 205
(213.3.6 in the proposed rule).
Relocation and modification of a scoping provision for
coat hooks and shelves in toilet and bathing rooms and toilet
compartments (213.3.7).
Comment. At least one accessible lavatory is required in toilet and
bathing rooms. This required accessible lavatory cannot be located in a
toilet compartment. Comments agreed with this provision, but requested
that it be restated more clearly in the final rule.
Response. The provision has been revised for purposes of clarity to
state that where lavatories are provided, at least one shall be
accessible ``and shall not be located in a toilet compartment.''
Section 213.3.7 addresses coat hooks and shelves provided in
accessible toilet rooms, toilet compartments, and bathing facilities
and references corresponding technical criteria for such elements in
these spaces. This provision has been relocated for clarity from the
scoping section covering storage (208). In the proposed rule, this
provision at 228.4 required such access only if coat hooks and shelves
were provided in inaccessible toilet rooms or toilet compartments. This
has been revised in the final rule as applying where such elements are
provided without regard to inaccessible rooms and compartments.
214 Washing Machines and Clothes Dryers
No substantive changes have been made to scoping requirements for
washing machines and clothes dryers. Editorial changes made to this
section include changing the section's title from ``Laundry Equipment''
to ``Washing Machines and Clothes Dryers'' for consistency with the
references used in the scoping provisions.
215 Fire Alarm Systems
Section 215 covers fire alarms, which are required to comply where
audible fire alarms are provided. Provisions are included that are
specific to public use and common use areas (215.2), work areas
(215.3), transient lodging guest rooms (215.4), and residential
dwelling units (215.5).
Substantive changes made in the final rule concern existing
facilities, work areas, and other types of emergency alarm systems.
Editorial changes include the addition of references to transient
lodging facilities and residential dwelling units, which are subject to
specific requirements for fire alarms in other scoping provisions in
sections 224 and 233, respectively.
Fire alarm systems required to be accessible must have visual
appliances which serve people who are deaf or hard of hearing. The
advisory committee had recommended an exception that would require
visual appliances in alterations only where a fire alarm system is
upgraded or replaced or a new system installed. Such an exception would
recognize that fire alarms are often complex building-wide systems that
cannot necessarily be brought into compliance with requirements for
visual appliances on a piecemeal basis. The Board had not included this
exception in the proposed rule because it considered the basic
application provisions for alterations in section 202.3 to be
sufficient. In general, these
[[Page 44100]]
provisions apply requirements of the guidelines according to the scope
of an alteration to the degree that compliance is ``technically
feasible.'' The Board has reconsidered this decision and has included
an exception in the final rule for consistency with the International
Building Code and the National Fire Protection Association code (NFPA
72). The exception clarifies that alterations affecting fire alarm
systems partially, or in a limited manner, do not trigger requirements
for visual appliances (215.1, Exception). However, alterations that
involve the upgrade or replacement of an existing alarm system or the
installation of a new system are subject to the requirements for visual
alarms.
The Board intends the exception at 215.1 to be applied in the same
manner and to have the same meaning as is common practice in a similar
exception provided in the model codes upon which this exception is
based. Upgrades to the fire alarm system are changes to the system
infrastructure and are not changes to individual system components. For
example, replacing the main fire alarm control panel which permits fire
alarms to be better integrated with other building systems or with off-
site monitoring services would be considered an upgrade to the fire
alarm system. In addition, replacing or increasing the main power
supply to the fire alarms would be an upgrade to the fire alarm system.
However, adding or relocating individual visible or audible
notification devices is not an upgrade to the system.
Comment. The proposed rule included a requirement for visual alarms
in employee work areas that are served by audible alarms (203.3).
Employee work areas are exempt from most other requirements in the
guidelines under an exception at 203.9. In order to gauge the impact of
this requirement, the Board posed several questions that sought comment
on: how frequently alarm systems are typically replaced or upgraded in
such a manner that the requirement would be triggered in existing
facilities (Question 5), other alternatives that would provide a
comparable level of life safety for employees who are deaf or hard of
hearing (Question 6), and limiting the number of visual appliances for
the benefit of people who have photosensitive epilepsy (Question 7).
Comments indicated that alarm systems are typically replaced on a 10-15
year cycle. However, some indicated that the electrical service
supporting the alarms is not necessarily replaced or upgraded when
alarms systems are, which may preclude opportunities to easily add more
appliances to the system as part of the work. Responses on alternative
methods included low tech suggestions such as pagers, a buddy system,
and other solutions that involve non-fixed elements or operational
methods and are thus outside the scope of these guidelines. Many people
who have photosensitive epilepsy and organizations representing them
acknowledged that visual alarms are necessary in public use and common
use areas but urged the Board to treat employee work areas differently.
These commenters expressed concern that visual appliances in employee
work areas could pose barriers to the employment of people who have
photosensitive epilepsy. Activation of visual appliances in work areas
on an as-needed basis does not provide a practicable solution as most
codes, standards, and local laws prohibit deactivation of fire alarm
appliances.
Response. The Board has removed the requirement for visual alarms
in employee work areas. Instead, the final rule only requires that work
areas be designed so that compliant visual appliances can be integrated
into the alarm system (215.3). This provision, which applies only where
work areas have audible alarm coverage, will facilitate accommodation
of employees who are deaf or hard of hearing as required under title I
of the ADA. The specification does not require electrical service to
support wiring for visual appliances throughout all employee work
areas. The specification merely requires that the wiring be placed so
that it can be tapped into from the location of employee work areas.
The Board believes that the surplus electrical service typically
provided should be sufficient for the incidental installation of visual
alarms.
Comment. The Board proposed covering facility alarm systems (other
than fire alarm systems) that do not instruct occupants to evacuate the
facility but provide other warning information, such as those used for
tornado warnings and other emergencies. The proposed requirement (215.2
in the proposed rule) specified audible and visible signals but did not
reference any specific technical criteria, including any addressing
placement or photometric characteristics. Instead, the Board sought
comment on what these characteristics should be, particularly where
differentiation from fire alarm system signals is important (Question
9). Many commenters supported ensuring that such alarm systems are
accessible to people who are deaf or hard of hearing, but no
information was received on appropriate technical specifications for
guidelines that are national in scope.
Response. The scoping requirement for other types of alarms has
been removed in the final rule. The Board did not want to scope an
element absent reliable technical specifications. The Board will
consider bringing this matter to the attention of international model
codes and standards organizations in the future.
216 Signs
Scoping requirements for signs cover room designations (216.2) and
directional and informational signs (216.3). The guidelines also
include provisions specific to certain elements and spaces, including
parking, entrances, means of egress, and toilet and bathing rooms. In
the proposed rule, these requirements were located at the scoping or
technical sections covering the elements and spaces. In the final rule,
all scoping requirements specific to signs have been localized in
section 216.
Section 216.1 exempts certain types of signs, including building
directories, menus, building names, temporary signs, and signs provided
in non-public use spaces of prisons and jails. In the proposed rule,
these exceptions were listed separately among provisions for room
designations and directional or informational signs. For simplicity,
they have been relocated as exceptions to the general scoping provision
(216.1) which exempts them from this section entirely. In addition, the
final rule includes new exceptions for:
Seat and row designations in assembly areas (Exception 1).
Occupant names (Exception 1).
Company names and logos (Exception 1).
Signs in parking facilities (Exception 2).
The Board included exceptions for occupant names, and company names
and logos, which is consistent with its interpretation of the original
ADAAG provisions and the intent of the proposed rule. These added
exceptions clarify that the names of stores in shopping malls, building
names, and similar types of signs are exempt from these requirements. A
new exception exempts signs in parking facilities from compliance with
the signage provisions of section 216 except those covering means of
egress (216.4) and designation of accessible parking spaces (216.5).
Comment. Commenters requested that seat and row designations in
assembly areas be exempt from the requirements for signage. It was also
suggested that an exemption be provided for signs in
[[Page 44101]]
parking facilities which are intended for use by vehicle drivers.
Response. An exception has been included in the final rule for seat
and row designations and signs in parking facilities.
Comment. Comments requested clarification on what constitutes a
``temporary'' sign.
Response. The Board has interpreted this reference, which is
included in the original ADAAG, as pertaining to signs that are posted
for a short duration. For greater clarity, the Board has described
temporary as ``seven days or less'' in the final rule.
Section 216.2 covers designations of permanent rooms and spaces,
including pictograms provided as part of such signs. These types of
signs are required to be tactile through the provision of braille and
raised characters. This provision has been editorially revised and
simplified in the final rule, though its application remains basically
unchanged. For example, the term ``permanent'' as a descriptor of the
types of designations covered has been removed as unnecessary since
opposite types (``temporary'') are exempted.
Comment. Some comments considered the scoping provision for room
designations difficult to understand.
Response. In the final rule, requirements for designations in
section 216.2 have been simplified without substantive change.
Information and directional signs are addressed by 216.3. These
types of signs are not required to be tactile but are subject to
requirements for visual legibility and contrast. Signs providing
direction to or information about interior spaces and facilities are
required to comply. In the final rule, the Board has removed
``permanent'' as a descriptor of the type of rooms and facilities
covered in this provision.
Various signage requirements specific to certain spaces and
elements have been relocated for simplicity and ease of reference to
section 216. These provisions include:
216.4 Means of Egress (from 207.3, 410.7, 410.8).
216.5 Parking (from 208.3).
216.6 Entrances (from 206.4.8).
216.7 Elevators (from 407.5.7).
216.8 Toilet Rooms and Bathing Rooms (from 213.2.2 and
213.2, Exception 4).
216.9 TTYs (from 217.4.9).
216.10 Assistive Listening Systems (from 219.4).
216.11 Check-Out Aisles (from 227.2.1).
216.12 Amusement Rides (incorporated from guidelines
previously issued for recreation facilities).
Substantive changes have been made to provisions for means of
egress, parking, assistive listening systems, and check-out aisles.
Section 216.4 provides specific requirements for means of egress,
including exit doors, areas of refuge, and directional signs. The
proposed rule required tactile signs at exit doors and provided
specific requirements for areas of refuge and directional signs. These
specifications are substantively revised in the final rule. The
requirement for exit doors (216.4.1) has been clarified as applying to
``doors at exit passageways, exit discharge, and exit stairways.'' In
the final rule, scoping requirements for means of egress and areas of
refuge have been revised to reference provisions in the International
Building Code (IBC) as discussed above in section 207. Corresponding
changes have been made to signage requirements for areas of refuge
(216.4.2) and directional signs (216.4.3) which now reference the
respective IBC signage specifications for scoping. Such signs must be
provided where required by the IBC but are subject to technical
specifications in these guidelines at section 703.
Accessible parking spaces are required to be designated by the
International Symbol of Accessibility according to 216.5. This
provision was located at 208.3 in the proposed rule. Exemptions are
provided for small lots (Exception 1) and spaces individually assigned
to residential dwelling units (Exception 2). Under the first exception,
accessible spaces in lots with four or fewer spaces are not required to
be identified as accessible (i.e., reserved solely for use by people
with disabilities). This exception is intended to mitigate the impact
of a reserved space in very small lots and stems from model building
codes. In the final rule, the scope of this exception was revised by
changing the maximum lot size eligible for it from five to four. The
exception for residential dwelling unit spaces has not been changed.
Comment. The proposed rule removed a requirement that the access
designation for van parking include the term ``van accessible'' to
clarify that both car and van drivers can use such spaces, as was the
original intent of ADAAG. Many comments strongly opposed this change.
While some may have misinterpreted it as removal of the requirement for
van accessible spaces, others considered this designation important in
encouraging car drivers to use other accessible spaces over those
designed to accommodate vans.
Response. The final rule restores the requirement for van spaces to
be designated as ``van accessible,'' which is provided in the technical
criteria for parking (502).
Comment. Signs are required to indicate the availability of
assistive listening systems, which are required in certain assembly
areas (216.10). In the proposed rule, such signs were required at
ticket offices and windows. Comments pointed out that some assembly
areas subject to this requirement may not have ticket offices or
windows.
Response. In the final rule, the requirement has been revised to
require signs for assistive listening systems at each assembly area
required to provide an assistive listening system, but an exception
allows such signs to be located at a ticket office or window instead,
where provided.
Comment. Section 216.11 requires identification of accessible
check-out aisles. The proposed rule required that this identification
be placed in the same location as the identifying number or type of
check-out aisle. Commenters noted that not all check-out aisles are
distinguished by numbers. They recommended that the guidelines should
be revised to ensure access to each type of aisle serving a different
function, such as express aisles or cash-only aisles.
Response. The requirement for identification of check-out aisles
has been revised to require that accessible designations be located in
the same area as the number, letter, or function identifying the check-
out aisle. The proposed rule required that accessible designations are
not required where ``all check-out aisles in the facility are
accessible.'' This provision, which is reformatted as an exception in
the final rule, has been revised to apply where ``all check-out aisles
serving a single function'' are accessible.
217 Telephones
Access to telephones is covered for people who use wheelchairs and
those who are deaf or hard of hearing. Scoping applies to various
public telephones, including coin and coin-less pay telephones, closed-
circuit telephones, courtesy phones, and other types of public
telephones (217.1). Provisions are provided for wheelchair access
(217.2), volume controls (217.3), and TTYs (217.4), which are devices
that enable people with hearing or speech impairments to communicate
through the telephone. Revisions made in finalizing the guidelines
include:
Clarifying coverage of courtesy phones (217.1).
[[Page 44102]]
Applying requirements for wheelchair accessible telephones
to exterior sites (217.2).
Adding an exception for drive-up public telephones
(217.2).
Increasing scoping for volume controls on public
telephones (217.3).
Clarifying the application of TTY scoping requirements to
exterior sites (217.4.4).
Incorporating requirements for transportation facilities,
including rail stations and airports, that were previously located in
Chapter 10 (217.4.7).
Relocating TTY signage requirements from 217 to the
signage scoping section (216.9).
Comment. Section 217.1 lists various types of public telephones
covered by this section. Commenters requested that courtesy phones be
addressed along with other types of public phones.
Response. The Board has interpreted the reference to ``public
telephones'' as including courtesy phones but has included a specific
reference to them in 217.1 so that their coverage is clear. Such phones
are subject to requirements for wheelchair access and volume controls,
but they are not covered by TTY requirements, which apply only to
public pay telephones.
Comment. Some commenters seemed unclear on whether requirements for
wheelchair access applied to exterior installations.
Response. Scoping for wheelchair access in 217.2 was intended to
cover interior and exterior public telephones. As proposed, this
provision required access to at least one telephone on a floor or level
and, where multiple banks are provided, each bank. In the final rule,
the Board has added clarification that the requirements for wheelchair
accessible phones apply to exterior sites, in addition to floors and
levels.
Comment. Comments to the draft of the final guidelines noted that
some public telephones are intended for use only from vehicles and
recommended that they be exempt from the requirements for wheelchair
access.
Response. An exception has been added in the final rule that
exempts drive-up-only public telephones from the requirements for
wheelchair access (217.2, Exception).
Comment. Comments from persons who are hard of hearing sought an
increase in the number of phones required to have volume control. The
proposed rule specified a minimum of 25%, but many urged that all
public phones should have volume control.
Response. In the final rule, all public telephones are required to
be equipped with volume control instead of 25%, as was proposed. This
is consistent with other Board guidelines and standards covering access
to telecommunications products and electronic and information
technology. Section 255 of the Telecommunications Act of 1996,\16\ a
comprehensive law overhauling regulation of the telecommunications
industry, requires telecommunications products and services to be
accessible. The Board was assigned responsibility to issue guidelines
pursuant to section 255, which are known as the Telecommunications Act
Accessibility Guidelines.\17\ These guidelines require all public
telephones to be equipped with volume controls. A similar requirement
is contained in standards \18\ the Board issued under section 508 of
the Rehabilitation Act of 1973, as amended,\19\ which requires access
to electronic and information technology developed, procured,
maintained, or used by Federal agencies. Since all new phones are to be
equipped with volume controls, the requirement for identifying signage
(a specified pictogram featuring a handset with radiating sound waves)
has been removed.
---------------------------------------------------------------------------
\16\ 47 U.S.C. 153, 255.
\17\ 36 CFR part 1193.
\18\ 36 CFR part 1194.
\19\ 29 U.S.C. 794 (d).
---------------------------------------------------------------------------
General scoping for TTYs in 217.4 includes provisions specific to
floors, buildings, and exterior sites and distinguishes between private
and public facilities. In private buildings (i.e., places of public
accommodation and commercial facilities) where four or more pay phones
are provided at a bank, within a floor, building, or on an exterior
site, a TTY is required at each such location. A lower threshold is
provided for public buildings (i.e., State and local government
facilities) where one pay telephone on a floor or within a public use
area of a building triggers the requirement for a TTY. In the final
rule, the Board has clarified references to ``site'' as being specific
to ``exterior sites'' to avoid confusion that may arise since the term
``site,'' by itself, can be read to include the buildings on a site.
This change helps clarify that TTY scoping requirements for exterior
installations is to be satisfied independently from those applicable to
interior locations.
218 Transportation Facilities
Section 218 provides requirements for rail stations, fixed guideway
systems, bus shelters, and other transit facilities, such as airports.
These provisions are based on requirements located in Chapter 10 in the
proposed rule. They have been relocated without substantive change from
the technical section to this section as they scope specific technical
provisions. These technical provisions are now located in section 810.
219 Assistive Listening Systems
This section covers requirements for assistive listening systems
and receivers in assembly areas. Section 219.2 requires an assistive
listening system in each assembly area where audible communication is
integral to the space and audio amplification is provided. However, in
courtrooms this requirement applies whether or not audio amplification
is provided. Section 219.3 specifies the minimum number of receivers
according to a sliding scale based on the seating capacity of the
assembly area.
Comment. Facility operators urged the Board to lower the required
number of receivers because, in their view, the vast majority of
provided receivers go unused. This is especially true at facilities
with multiple assembly areas, such as multi-screen movie theaters,
where receivers are provided for each assembly area.
Response. In the final rule, the Board has clarified that the
minimum number is to be based on each assembly area. Thus, where a
facility has multiple assembly areas, the required number is to be
determined individually for each assembly area based on its seating
capacity. However, the Board also has included an exception which would
permit the minimum number to be based on the combined seating capacity
of multiple assembly areas as an alternative if two conditions are met:
all receivers are usable with all provided assistive listening systems;
and all assembly areas required to have such systems are under the same
management (219.3, Exception 1). This allows ``mix and match'' types of
receivers to generally serve such facilities.
Comment. Assistive listening systems are generally categorized by
their mode of transmission. There are hard-wired systems and three
types of wireless systems: induction loop, infrared, and FM radio
transmission. Induction loop systems use a wire loop to receive input
from a sound source and transmit sound by creating a magnetic field
within the loop. The loop may surround all or part of a room and can be
installed in ceilings, floors, or walls. Listeners must be sitting
within the loop and have either a receiver or a hearing aid with a
telecoil. People with telecoil hearing aids do not need to use a
receiver. In view of this benefit, comments to the draft of the final
guidelines recommended that the requirement for
[[Page 44103]]
receivers specifically recognize that fewer hearing-aid compatible
receivers can be specified for induction loop systems.
Response. Section 219.3 specifies the minimum number of receivers
for assistive listening systems, including the number of receivers that
are hearing-aid compatible. In the final rule, the Board has added an
exception for assembly areas where all seats are served by an induction
loop system (219.3, Exception 2). Under this exception, the additional
amount of receivers required to be hearing-aid compatible is not
required at all. For example, at an assembly area with a seating
capacity of 500, a total of 20 receivers would generally be required
and at least 5 of this number would have to be hearing-aid compatible.
Under the exception for induction loop systems that serve all seats of
an assembly area, at least 15 receivers would be required instead of
20.
Requirements for signs indicating the availability of assistive
listening systems has been relocated from this section to the scoping
section on signage (216.10). Revisions to these provisions are
discussed above in section 216.
220 Automatic Teller Machines and Fare Machines
No substantive changes have been made to the scoping provisions for
automatic teller machines and fare machines. Most comments on these
types of machines concerned technical specifications and are discussed
below in section 707.
221 Assembly Areas
Provisions in section 221 for accessible assembly areas cover
general scoping (221.1), wheelchair spaces (221.2), companion seats
(221.3), aisle seating (221.4), and new provisions for lawn seating
(221.5).
Section 221.1 contains a general charging statement that assembly
areas provide wheelchair spaces, companion seats, and designated aisle
seats. The proposed rule contained a similar statement that provided an
illustrative list of assembly areas covered by this section, such as
motion picture houses, theaters, stadiums, arenas, concert halls,
courtrooms, and others. This list has been incorporated into the
definition of ``assembly area'' in section 106.5.
Section 221.2 covers the required number, integration, and
dispersion of wheelchair spaces. The minimum number of wheelchair
spaces is specified according to the total number of seats provided in
an assembly area (Table 221.2.1.1). This requirement applies to seating
generally, as well as luxury boxes, club boxes, suites, and other types
of boxes. Substantive changes made in the final rule include:
Limiting the requirements for wheelchair spaces to
assembly areas with fixed seating (221.2).
Lowering scoping for assembly areas with over 500 seats
(Table 221.2.1.1).
Adding a new provision for box seating (221.2.1.3).
Clarifying requirements for integration of wheelchair
spaces (221.2.2).
Revising and relocating dispersion requirements for
wheelchair spaces (221.2.3).
Modifying provisions for companion seating (221.3) and
designated aisle seating (221.4).
Adding a new provision for lawn seating (221.5).
Removing a specification concerning vertical access (221.5
in the proposed rule).
The Board has clarified in the final rule that wheelchair spaces
are required in assembly areas with ``fixed seating.'' This is
consistent with the original ADAAG, but not the proposed rule, which
did not specify that seating had to be fixed. This descriptor was
restored because it is fixed seating that typically defines wheelchair
spaces as a permanent feature, consistent with the scope of these
guidelines.
Comment. The minimum number of wheelchair spaces is specified
according to a sliding scale. A lower percentage is specified for
larger facilities. The proposed rule specified 1% scoping (on top of 6
required wheelchair spaces) for assembly areas with over 500 seats.
Comments from industry recommended that scoping should be lowered for
larger facilities since industry surveys indicate that the vast
majority of wheelchair spaces, particularly in stadiums and arenas,
often go unused. A coalition representing major sports leagues, teams,
and facilities throughout the U.S. conducted a two-year survey of usage
of wheelchair spaces at 40 major arenas and stadiums during basketball,
hockey, and baseball events. This survey found that of the 1% of seats
made accessible in arenas, approximately 12% (0.12% of the total number
of seats) were occupied by persons using wheelchairs; the assessed
usage rate at baseball stadiums was 7% of the accessible seats (0.07%
of the total number of seats). The coalition considered the 1% minimum
scoping far in excess of the demonstrated need in large sports arenas.
These and other industry comments urged the Board to reduce the
required number to at least the amount recommended by the ADAAG Review
Advisory Committee. The advisory committee had recommended a 0.5%
scoping requirement for assembly areas with over 500 seats based on
similar information concerning usage. Industry comments considered 0.5%
as more than adequate in meeting the demand for accessible seating.
Response. The Board has reduced the scoping for wheelchair spaces
in assembly areas with more than 500 seats. Scoping has been reduced
from 1% to a ratio of 1 wheelchair space for every 150 seats in
assembly areas with 501 to 5,000 seats. This is required on top of a
requirement of six wheelchair spaces, consistent with the scoping count
for the first 500 seats. A further reduction to 0.5% scoping, the level
recommended by the ADAAG Review Advisory Committee, is specified for
assembly areas with over 5,000 seats. The 0.5% scoping requirement is
applied on top of a requirement for 36 spaces, which follows the
scoping level for the first 5,000 seats. For example, in assembly
facilities with 5,000 seats, the final rule requires that at least 36
spaces be accessible, whereas the scoping in the proposed rule would
have specified 51 spaces minimum. The minimum number for facilities
with 10,000 seats is 61 (reduced from 101), and for those with 50,000
seats is 261 (reduced from 501).
Comment. In certain performing arts facilities, seating may be
provided in tiered boxes for spatial and acoustical purposes. Often,
steps are located on the route to these boxes. The proposed rule was
not clear on how the scoping and dispersion requirements would apply in
these types of facilities. Comments noted that requiring accessible
routes to all boxes would fundamentally affect this type of design and
recommended that an exception be made for such venues.
Response. Wheelchair spaces are required to be provided in each
luxury box, club box, and suite according to a scoping table
(221.2.1.2). The Board has clarified in the final rule that this
requirement applies where such boxes and suites are provided in
``arenas, stadiums, and grandstands.'' A new provision has been added
for other types of assembly facilities, such as certain performing arts
facilities, that may have tiered box seating (221.2.1.3). Under this
provision, wheelchair spaces are determined according to the total
number of fixed box seats and are required to be dispersed among at
least 20% of the boxes. For example, if an assembly area has 20 boxes
with five fixed seats each (totaling 100 seats), at least four
wheelchair spaces would be
[[Page 44104]]
required according to the scoping table. These four wheelchair spaces
would have to be dispersed among at least four (20%) of the 20 boxes.
This requirement clarifies that each box does not have to be treated
separately as a discreet assembly facility individually subject to the
scoping table, as is the case with luxury boxes and club boxes.
A provision for team and player seating areas is included in the
final rule (221.2.1.4). This provision, which derives from the Board's
guidelines for recreation facilities, requires at least one wheelchair
space in team or player seating areas serving areas of sports activity.
An exception is provided for seating areas serving bowling lanes.
Under section 221.2.2, wheelchair spaces must be integrated
throughout seating areas. In the final rule, the Board has clarified
this requirement to state that wheelchair spaces ``shall be an integral
part of the seating plan.''
The original ADAAG required that wheelchair spaces be provided so
that users are afforded a choice in sight lines that is comparable to
that of the general public. Thus, while individuals who use wheelchairs
need not be provided with the best seats in an assembly area, neither
may they be relegated to the worst. In this rulemaking, the Board has
sought to clarify specifications for lines of sight from wheelchair
spaces. Specifically, the final rule clearly recognizes that viewing
angles are essential components of lines of sight and that various
factors, such as the distance from performance areas and the location
of wheelchair spaces within a row, also greatly determine the quality
of sight lines.
Section 221.2.3 covers dispersion of wheelchair spaces and lines of
sight. Wheelchair spaces are required to be dispersed to provide users
with choices of seating locations and viewing angles substantially
equal to or better than the choices afforded all other spectators.
Spaces must be dispersed horizontally and vertically. Horizontal
dispersion pertains to the lateral, or side to side, location of spaces
relative to the ends of rows. Provisions for vertical dispersion
address the placement of wheelchair spaces at varying distances front
to back from the performance area, screen, or playing field. Exceptions
from the dispersion requirements are provided for assembly areas with
300 seats or less. In addition, an exception from the lines of sight
and dispersion requirements is provided for wheelchair spaces in team
or player seating areas serving areas of sports activity. Various
changes have been made to the requirements for dispersion based on
comments and responses to a number of questions posed by the Board in
the proposed rule. The specifications of section 221.2.3 replace those
in the proposed rule that were included in the technical criteria for
wheelchair spaces at section 802.6.
In the final rule, the Board has added exceptions to the
requirement for horizontal dispersion. Horizontal dispersion is not
required in assembly areas with 300 seats or less where wheelchair
spaces and companion seats are provided in the center sections of a row
(the second or third quartile) instead of at the ends (221.2.3.1,
Exception 1). This exception derives from the ANSI A117.1-2003 standard
and recognizes that viewing angles at the mid-sections of rows are
generally better than those at the ends of rows. In addition, the Board
has clarified that two wheelchair spaces can be paired, but each must
have a companion seat, as required by 221.3 (221.2.3.1, Exception 2).
This exception applies to all assembly areas, not just those with 300
or fewer seats.
Assembly areas with 300 or fewer seats are not required to have
vertically dispersed wheelchair spaces so long as the spaces provide
viewing angles that are equal to or better than the average viewing
angle (221.2.3.2, Exception 1). An exception from the vertical
dispersion requirement is provided for bleachers which allows spaces to
be provided only in the point of entry (221.2.3.2, Exception 2).
Comment. The proposed rule required dispersion that provides ``a
choice of admission prices * * * comparable to that provided to other
spectators.'' Comments from designers indicated that the admission
price criterion is problematic since prices are not typically known in
the design and construction phase. Accommodating choice in admission
price is more realistically addressed as an operational matter by
facility operators and managers.
Response. The Board believes that the dispersion requirement
pertaining to admission prices is better addressed by regulations, such
as those maintained by the Department of Justice under the ADA, that
govern policies and procedures, instead of by these design guidelines.
The reference to admission prices has been removed from the requirement
for dispersion.
Comment. The proposed rule also addressed dispersion in terms of
sight lines and required ``a choice of * * * viewing angles comparable
to that provided to other spectators.'' This provision was intended to
clarify a requirement in the original ADAAG that wheelchair spaces
provide a choice in lines of sight comparable to those available to the
general public. The Board questioned whether this restatement was
sufficient and sought comment on whether this provision should be
enhanced to require ``lines of sight equivalent to or better than''
those afforded the majority of other spectators in the same seating
class or category (Question 43). Disability groups and persons with
disabilities strongly favored such a change to ensure equivalency in
the viewing experience. According to these comments, the proposed rule
would permit location of wheelchair spaces in a manner that compromises
the quality of viewing angles. Industry opposed holding wheelchair
spaces to a higher standard in terms of the quality of viewing angles.
Such commenters pointed to practical complications in comparing viewing
angles between wheelchair spaces and inaccessible seating.
Response. The Board has revised the specification for dispersion so
that persons using wheelchair spaces are provided ``choices of seating
locations and viewing angles that are substantially equivalent to, or
better than, the choices of seating locations and viewing angles
available to all other spectators' (221.2.3). This provision ensures
equivalency in the range of viewing angles provided between wheelchair
seating and all other seats. It recognizes, but does not mandate, a
better range of viewing angles for the users of wheelchair spaces.
Comment. The proposed rule, like the original ADAAG, required
dispersion of wheelchair spaces in assembly areas with more than 300
seats. The Board sought comment on whether this trigger should be
lowered so that dispersion would be provided in smaller assembly spaces
(Question 42). The Board was concerned about the possible impacts of
such a change on certain assembly types, such as stadium-style cinemas,
and sought further information on their design, including the average
number of seats provided per screen. Designers and operators of all
types of assembly facilities were encouraged to comment on the impact
of reducing the triggering point from 300 to 250, 200, or 150 seats.
Quality sight lines in facilities where dispersion may not be required,
such as stadium-style theaters, was a primary concern voiced by
commenters with disabilities. The majority of comments recommended
lowering the threshold for dispersion requirements, though there was
little consensus on a specific alternative number.
Response. The point at which dispersion is required (over 300
seats) has been retained in the final rule.
[[Page 44105]]
Dispersion is not required in assembly areas with 300 or fewer seats
provided that certain conditions concerning viewing angles are met.
These conditions are specified in relation to horizontal and vertical
dispersion.
Comment. In smaller facilities where dispersion of wheelchair
spaces is not required (i.e., those with no more than 300 seats), the
placement of the wheelchair spaces in relation to other seating
acquires greater significance because wheelchair users are not offered
a choice of viewing angles. Therefore, in order to ensure equal
opportunity for people who use wheelchairs in assembly areas in which
dispersion is not required, wheelchair spaces must provide lines of
sight that are comparable to those provided for most of the other
patrons in the assembly area. The Board sought comment on whether this
requirement, specific to facilities where dispersion is not mandated,
should require lines of sight from wheelchair spaces that are
equivalent to or better than the line of sight provided for the
majority of event spectators (Question 44). Persons with disabilities
and organizations representing them unanimously backed this provision.
The issue was considered particularly relevant in stadium-style seating
and other smaller assembly areas where, despite the requirements for
comparable lines of sight in the original ADAAG, wheelchair spaces are
typically located only in the front or back rows.
Response. The final rule makes the provision of equivalent lines of
site a specific condition for not having to disperse wheelchair spaces
in assembly areas with 300 or fewer seats. Wheelchair spaces do not
have to be dispersed vertically (i.e., front to back), so long as the
viewing angle from them is equal to, or better than, the average
viewing angle provided in the facility (221.2.3.2). Wheelchair spaces
and companion seats do not have to be dispersed horizontally (i.e.,
side to side) if they are located in the mid-sections of rows (second
or third quartile of the total row length) instead of at or near the
ends of rows (221.2.3.1). This condition for horizontal dispersion is
required to the extent that the mid-section row is long enough to
accommodate the requisite number of wheelchair spaces and companion
seats; if it is not, some may be located beyond the mid-section portion
(in the first or fourth quartile of the total row length).
Comment. The proposed rule specified vertical dispersion so that
wheelchair spaces are located at ``varying distances'' from the
performing area (802.6.3). Comment was sought on whether the term
``varying distances'' provides sufficient guidance in achieving
dispersion (Question 41). The Board asked whether a minimum separation
between horizontal rows should be specified. Most comments, including
those from individuals with disabilities and from industry, considered
this term too vague and supported a more specific or quantifiable
requirement. Few specific alternatives to this language were
recommended.
Response. The Board has retained the reference to ``varying
distances'' in the final rule (221.2.3.2). Since the requirement
applies to a wide variety of assembly facilities of different sizes and
designs, the Board does not consider it practical to specify a
particular vertical separation or distance requirement. Meeting the
requirement for vertical dispersion is highly relevant to the size of
the facility, the range of sight lines available, elevation changes,
and other design characteristics. Clarification has been added that the
dispersion requirement pertains to the distance from the ``screen,
performance area, or playing field.'' The proposed rule made reference
only to performance areas. This revision clarifies coverage of elements
and events, such as movie screens and sporting events.
Comment. The proposed rule reflected the importance of providing
individuals with disabilities with selections from a variety of vantage
points to enjoy performances and sporting events. The Board requested
comment on whether there are conditions where vertical (i.e., front to
back) separation between wheelchair spaces is not desirable and if
there is a point at which increased distance fails to improve
accessibility or to contribute significantly to equal opportunity
(Question 40). Of the few comments which addressed this question, the
majority called attention to the importance of vertical dispersion in
providing equivalency in the quality of the viewing experience. Some
comments considered adequate integration of wheelchair spaces to be
equally important or expressed concern about vertical separation that
results in longer travel distances from restrooms, concessions, and
other amenities.
Response. The Board has not included any new conditional
limitations on the requirements for vertical dispersion of wheelchair
seating in achieving appropriate viewing angles (other than an
exception for bleacher seating).
Comment. Bleacher manufacturers requested clarification on how
dispersion requirements would apply to bleachers, which have been
interpreted as exempt under original ADAAG specifications.
Response. The final rule includes an exception for bleacher seating
that allows spaces to be provided in the point of entry only
(221.2.3.2, Exception 2). An advisory note clarifies that ``points of
entry'' at bleachers may include cross aisles, concourses, vomitories,
and entrance ramps and stairs.
Comment. In costing out changes made in the proposed rule, the
Board estimated that vertical dispersion requirements could cost as
much as $11 million for each ``large'' (50,000 seats) stadium or arena
to provide vertical dispersion in uppermost decks. According to the
Board's regulatory assessment, ``in order to accommodate the additional
dispersion required by this item, it is assumed that an upper deck
concourse will be required for the facility. These large facilities
generally have a lower deck, a middle deck (with suites and/or club
level amenities), and an upper deck. The steep slopes used in the upper
deck make it impractical to accommodate accessible routes with more
than a minimal change in level up or down from the vomitory access
point within the seating bowl. The dispersion requirement based on
admission pricing and the vertical dispersion requirement will
generally require that a more substantial change in level be
accommodated outside the seating bowl for the upper deck area. It is
assumed that an additional concourse, of 50,000 square feet in area,
will be used to provide access to the upper deck at an additional
level.'' The Board sought information on alternatives to constructing a
secondary concourse that would provide vertical dispersion in upper
decks of larger stadiums (Question 39). Few comments or suggested
alternatives were provided in response. A few comments stressed the
importance of vertical dispersion, while others felt it was necessary
to weigh such requirements against the possible design and cost
impacts.
Response. The Board has retained requirements for vertical
dispersion that are substantively similar to the specifications in the
proposed rule. However, as noted above, the final rule does not require
wheelchair spaces to be dispersed based on admission prices since
pricing is not always established at the design phase and may vary by
event. Instead of requiring wheelchair spaces to be vertically
dispersed on each accessible level, the final guidelines require
wheelchair spaces to be vertically dispersed at varying distances from
the screen, performance area, or playing field. The final guidelines
also
[[Page 44106]]
require wheelchair spaces to be located in each balcony or mezzanine
served by an accessible route. In most sports facilities, these
requirements can be met by locating some wheelchair spaces on each
accessible level of the sports facility.
Comment. The proposed rule contained a requirement that where
elevators or wheelchair lifts are provided on an accessible route to
wheelchair spaces or designated aisle seats, they shall be provided in
``such number, capacity, and speed'' in order to provide a level of
service equivalent to that provided in the same seating area to patrons
who can use stairs or other means of vertical access (221.5 in the
proposed rule). This requirement was included to ensure an equal level
of convenience between accessible seating and inaccessible seating in
terms of travel between the entry gate and seats or between the seats
and concession stands. Most commenters did not support this
requirement, and considered it unenforceable and confusing. Some
commenters misunderstood the intent of this provision and thought it
pertained specifically to egress routes.
Response. The Board has removed the requirement concerning the
number, capacity, and speed of elevators and wheelchair lifts in
providing an equivalent level of service.
Section 221.3 covers companion seats which are to be paired with
wheelchair spaces. The proposed rule specified that companion seats be
readily removable so as to provide additional space for a wheelchair.
In the final rule, companion seats are permitted to be movable. Thus,
they are not required to double as an alternative wheelchair space.
Comment. The Board sought information on the impact of the
requirement that each wheelchair space have an adjacent companion seat
that can be removed to provide an adjoining wheelchair space (Question
10). Comments noted that this requirement effectively doubles the
scoping requirements for wheelchair spaces and that the required extra
space would significantly increase construction costs. Several comments
noted that more flexibility for both wheelchair spectators and the
facility could be achieved by allowing companion seats to be movable;
however, comments noted that some building codes may require companion
seats to be fixed. Another solution put forward was the use of seating
that folded and swung away, leaving enough space for a wheelchair
position.
Response. The final rule requires one companion seat for each
wheelchair space, but allows the seat to be movable. This seat is not
required to provide an additional wheelchair space when removed.
Comment. In the belief that readily removable seats should provide
a companion with virtually the same experience in terms of comfort and
usability as other fixed seats, the Board asked what specific
characteristics they should have relative to other seats (Question 11).
The majority of comments strongly favored requirements for companion
seats to be equivalent or comparable to other provided seating in the
same assembly area.
Response. The Board has included technical criteria for companion
seats that requires them to be equivalent to other seats in the
immediate area in terms of quality, size, comfort, and amenities
(802.3).
Section 221.4 addresses designated aisle seats. The Board has
significantly lowered the number of designated aisle seats required to
be accessible. An exception from the requirement for designated aisle
seats for team or player seating areas serving areas of sports activity
has been incorporated into the final rule from the guidelines for
recreation facilities.
Comment. The proposed rule specified that 1% of all seats be
designated aisle seats, a quarter of which were to be located on
accessible routes and the rest not more than 2 rows from an accessible
route. The Board requested information on the cost and related design
impacts of this requirement, particularly in locating aisle seats at or
no more than two rows from an accessible route (Question 12). Comments
stated that requiring designated aisle seats to be on an accessible
route would require more space and entrances to seating areas and would
result in the loss of seating space. Comments further stated that this
would require a significant increase in the cost of such facilities.
Response. The Board has reduced the overall scoping for designated
aisle seats. The final rule requires that 5% of aisle seats, not all
seats, be designated aisle seats. These seats are required to be those
closest to, but not necessarily on, an accessible route. Technical
requirements for aisle seats at 802.4 have also been modified.
Section 221.5 provides a new requirement that addresses lawn
seating and exterior overflow areas. Such areas are required to be
connected by an accessible route. The accessible route is required to
extend up to, but not through, lawn seating areas. Since such areas
typically do not provide fixed seating, this provision does not require
wheelchair spaces, companion seats, or designated aisle seats.
Comment. Where public address systems are provided in
transportation facilities to convey public information, a means of
conveying the same or equivalent information to persons who are deaf or
hard of hearing is required. In the proposed rule, the Board sought
comment on whether additional provisions for an equivalent means of
communication should be applied to other types of facilities (Question
45). The Board was specifically interested in how captioning can be
associated with electronic scoreboards in stadiums to convey audible
public announcements. People who are deaf or heard of hearing strongly
urged that requirements for access to information conveyed through
public address systems be applied to all types of facilities, not just
transportation facilities.
Response. The Board considered adding a provision (included in the
draft final rule) that would have required the visual display of
audible pre-recorded or real-time messages where electronic signs are
provided in stadiums, arenas, or grandstands. This provision would not
have required provision of electronic signs, but instead would have
specified that, where provided, they be used to display information to
deaf or hard-of-hearing spectators provided audibly during an event.
Since this requirement would have been more pertinent to facility
operations than to facility design, the Board did not include it in the
final rule. Providing ``effective communications'' is within the
purview of the Department of Justice and is addressed in the
Department's title II and III regulations. See 28 CFR 35.160 and 28 CFR
36.203(c).
222 Dressing, Fitting, and Locker Rooms
Section 222 covers dressing rooms, fitting rooms, and locker rooms.
At least 5% of each type, in each cluster, is required to be
accessible. A requirement for coat hooks and shelves located at 228.4
in the proposed rule has been relocated for clarity to this section
(222.2).
223 Medical Care and Long-Term Care Facilities
This section indicates the number of patient or resident sleeping
rooms required to be accessible in medical care and long-term care
facilities. The general scoping provision at 223.1 indicates that the
facilities covered by this section include medical care facilities and
licensed long-term care
[[Page 44107]]
facilities where the period of stay exceeds 24 hours. Section 223.2
covers hospitals, rehabilitation facilities, psychiatric facilities,
and detoxification facilities. In general, those facilities are held to
a 10% scoping requirement, but those that specialize in the treatment
of conditions affecting mobility are subject to a 100% scoping
requirement. In long-term care facilities, 50% of the rooms must be
accessible.
Changes made in the final rule include:
Modifying the description of the facilities covered by
this section (223.1).
Adding a new exception for toilet rooms in critical care
and intensive care patient sleeping rooms (223.1).
Clarifying the application of scoping requirements to
rehabilitation facilities (223.2).
Revising the scoping requirement for long-term care
facilities to apply to ``each type'' of resident sleeping room (223.3).
Comment. Comments considered it unnecessary to qualify covered
medical care facilities as those that are licensed, since all are
typically licensed.
Response. The general charging statement (223.1) has been changed
to refer to ``medical care facilities and licensed long-term care
facilities.'' In addition, the Board has removed as unnecessary
language describing these facilities as places ``where people receive
physical or medical treatment or care.''
Comment. There are certain types of patient rooms, such as those
provided in critical or intensive care units where patients who are
critically ill are immobile or confined to beds and thus generally not
expected to use adjoining toilet rooms. Typically, such patients are
relocated to other types of rooms when no longer confined to beds.
Comments recommended that toilet rooms serving these types of rooms
should not have to be accessible.
Response. An exception has been added that permits toilet rooms in
critical care and intensive care patient sleeping rooms to be
inaccessible (223.1, Exception).
Section 223.2 addresses scoping for hospitals, rehabilitation
facilities, psychiatric facilities, and detoxification facilities. The
Board has clarified the distinction made in scoping between facilities
that specialize in the treatment of conditions affecting mobility
(100%) and those that do not (10%), including rehabilitation
facilities.
Comment. The Board sought comment on how dispersion of accessible
sleeping rooms can be effectively achieved and maintained in medical
care facilities such as hospitals and long-term care facilities
(Question 13). Commenters with disabilities supported a requirement for
dispersion of accessible sleeping rooms among all types of medical
specialty areas, such as obstetrics, orthopedics, pediatrics, and
cardiac care. Conversely, commenters representing the health care
industry pointed out that treatment areas in health care facilities can
be very fluid due to fluctuation in the population and other
demographic and medical funding trends. Comments indicated that in
long-term care facilities, access is provided at rooms that are less
desirable than others available in the facility. Commenters recommended
that the final rule should include a requirement that ensures that
accessibility is fairly dispersed among different types of rooms in
long-term care facilities.
Response. The Board has not added a requirement for dispersion in
medical care facilities because compliance over the life-time of the
facility could prove difficult given the need for flexibility of spaces
within such facilities. However, an advisory note has been added to
encourage dispersion of accessible rooms within the facility so that
accessible rooms are more likely to be proximate to appropriate
qualified staff and resources. Since these considerations are not as
relevant to long-term care facilities, the Board has added a
requirement that the 50% scoping requirement for long-term care
facilities be applied to ``each type'' of resident sleeping room
provided to ensure dispersion among all types (223.3).
224 Transient Lodging Guest Rooms
The minimum number of guest rooms required to be accessible in
transient lodging facilities is covered in section 224. Access is
addressed for people with disabilities, including those with mobility
impairments (224.2) and people who are deaf or hard of hearing (224.4).
In addition to rooms, there is a provision which addresses the number
of beds required to be accessible in facilities such as homeless
shelters, where a room may have a large number of beds. (224.3).
Revisions of this section include:
Removal of the exception for certain bed-and-breakfast
facilities (224.1), which are now exempted through the definition of
``transient lodging'' provided in section 106.
Clarification of a provision covering doors and doorways
in inaccessible transient lodging guest rooms (224.1.2).
Revised scoping for accessible beds (224.3).
Reduced scoping for guest rooms with accessible
communication features (224.4).
Modified dispersion requirements (224.5).
The definition of ``transient lodging'' in section 106.5 has been
revised to exclude, in part, ``private buildings or facilities that
contain not more than five rooms for rent or hire and that are actually
occupied by the proprietor as the residence of such proprietor.'' As a
result, an exception for such facilities in 225.1 has been removed.
Comment. In transient lodging facilities, doors and doorways in
inaccessible guest rooms are required to be at least 32 inches wide
(224.1.2). This specification stems from the original ADAAG and is
intended to afford some access to inaccessible guest rooms for
visitation purposes. Clarification was requested on which types of
doors this is intended to cover and whether it applies to shower doors.
Response. In the final rule, clarification has been added that the
32 inch minimum clearance applies to those doors ``providing user
passage'' into and within guest rooms not required to be accessible. In
addition, the Board has added an exception that exempts shower and
sauna doors in inaccessible guest rooms from this requirement.
Corresponding changes have been made to a similar provision in the
general scoping section for doors (206.5.3).
Comment. A hotel and motel trade group opposed any increase in the
number of guest rooms required to be accessible and submitted a study
it commissioned on the usage of such rooms. According to this study,
80% of accessible guest rooms remain unused by people with
disabilities. This trade group also submitted comments to the draft
final guidelines that included a statistical study of the number of
persons who use wheelchairs based on U.S. census data (1.03% of the
population age 15 years and older). Based on this information, this
commenter requested that the required number of accessible guest rooms
be reduced to a level consistent with assessed usage rates and
population estimates.
Response. The proposed rule was consistent with the recommendations
of the ADAAG Review Advisory Committee and preserved, without increase,
the number of accessible guest rooms (224.2). The number of accessible
guest rooms is also consistent with the International Building Code.
Accessible guest rooms include features such as grab bars and other
elements that benefit not only people who use wheelchairs,
[[Page 44108]]
but also people who use crutches, canes, and walkers. Data provided by
the Disability Statistics Center at the University of California, San
Francisco shows that the number of adults who use wheelchairs has been
increasing at the rate of 6 percent per year from 1969 to 1999; and by
2010, it is projected that 2 percent of the adult population will use
wheelchairs. In addition to people who use wheelchairs, 3 percent of
adults used crutches, canes, walkers and other mobility devices in
1999; and the number is projected to increase to 4 percent by 2010.
Thus, by 2010, up to 6 percent of the population may need accessible
guest rooms.
Data submitted by the hotel and motel trade group showed that hotel
stays are almost equally divided between business travel and non-
business travel. Non-business travelers usually travel as members of a
household or group for vacation, special events, or leisure. In 1999,
2.3 percent of households had an adult member who uses a wheelchair;
and by 2010, it is projected that 4 percent of households will have an
adult member who uses a wheelchair. In addition to households with an
adult member who uses a wheelchair, 7 percent of households had an
adult member who used canes, crutches, walkers or other mobility
devices in 1999; and the number is projected to increase to 9 percent
by 2010. Thus, by 2010, up to 13 percent of households will have adult
members who may need accessible guest rooms.
The Board recognizes that all the people and households that may
benefit from an accessible guest room may not specifically request an
accessible room, and the scoping levels reflect this fact. The
statistical study submitted by the hotel and motel trade group assumed
independence in accessible room requests. In reality, accessible room
requests are likely to be somewhat correlated, due to hotel preferences
or group travel. For smaller hotels, a slight violation of the
independence assumption could lead to a higher sellout rate, as these
hotels have relatively fewer accessible rooms. The hotel and motel
trade group also submitted data on actual accessible room reservation
requests for select hotels that implied the current demand for
accessible rooms is closer to 0.8 percent than 1 percent, as in their
original study. However, this sample was likely not representative and
the study did not take into account data showing that the population
who needs accessible rooms is growing. Hotels constructed in the next
few years will serve the population for decades to come. Because of the
problems with the assumptions used in the statistical study and the
failure to consider future needs, the Board concluded that a reduction
in the number of accessible guest rooms is not warranted.
The hotel and motel trade group has pointed out that the Board has
reduced the scoping for wheelchair spaces in assembly areas by 0.33
percent for assembly areas with 501 to 5,000 seats, and by 0.5 percent
for assembly areas with more than 5,000 seats. However, the hotel and
motel trade group has proposed a much greater reduction in the number
of accessible rooms for all size hotels with more than 50 rooms. For
example, they proposed that hotels with 100 rooms provide 40 percent
fewer accessible rooms (3 accessible rooms, instead of the 5 accessible
rooms currently required). There are important difference between large
assembly areas such as sports stadiums which may have 50,000 to 70,000
seats, and hotels. Only 1 percent of hotels have more than 500 rooms.
These hotels cater to meetings and conferences sponsored by groups who
reserve large numbers of rooms. Disability groups and organizations may
hold meetings and conferences at these hotels and need large numbers of
accessible rooms. For all these reasons, the number of accessible guest
rooms has not been changed in the final rule.
Comment. The proposed rule addressed access to beds according to a
table based on the total number provided in a guest room. This table,
as recommended by the ADAAG Review Advisory Committee, included bed
counts well into the hundreds. The table followed a sliding scale that
started with roughly a 4% requirement (1 per 25 beds provided in a
room) which decreased to 3% (for over 500 beds) and then to 2% (for
over 1,000 beds). Comments considered the upper levels covered by the
table as ridiculously high and suggested a simpler and more realistic
provision.
Response. The scoping table for beds has been removed in the final
rule and replaced by a flat 5% requirement that applies where more than
25 beds are provided in a guest room. Technical requirements for guest
rooms require at least one bed in a sleeping room to be accessible.
This provision would govern in rooms with 25 or fewer beds.
The guidelines address rooms required to provide communication
features accessible to persons who are deaf or hard of hearing,
including visual notification of fire alarms, telephone calls, and door
knocks or bells. Telephones in such rooms must have volume controls and
nearby outlets for the installation of TTYs. The Board had proposed
increasing the minimum number of such guest rooms to 50% of the total
number of guest rooms provided. This contrasted significantly with the
original ADAAG, which specified the minimum number according to a
sliding scale. It required 1 in 25 rooms to comply up to a guestroom
count of 100. Scoping successively decreased to 1 for every 50 rooms
for the next 101 to 200 rooms and to 1 for every 100 rooms for the next
201 to 500 rooms. For facilities with 501 to 1,000 rooms, 2% of rooms
were required to comply, and where the room count exceeded 1,000, the
scoping dropped to 1% (ADAAG 9.1.3). The original ADAAG also required
that all accessible guest rooms be equipped with communication features
in addition to the number of rooms required to provide communication
access only (ADAAG 9.2.2(8)).
The Board had proposed the increased scoping for guestrooms with
accessible communication for several reasons. The communication
features addressed in this requirement address life safety in providing
visual notification of fire alarms for people who are deaf or hard of
hearing. The Board also felt that the increased scoping would afford
greater flexibility in the guest room assignment of people who are deaf
or hard of hearing, especially in light of revisions to the technical
requirements that effectively preclude the use of portable visual alarm
devices. In addition, permanent installation of visual alarm appliances
is considerably less expensive and easier to achieve as part of
facility design and construction than as a retrofit.
Comment. The Board sought information on the new construction cost
impact of the proposed increased scoping and also asked whether
exceptions should be provided for altered facilities or additions
(Question 14). The hotel and motel industry strongly opposed increasing
scoping for rooms providing communication access to 50%, which it
considered unsubstantiated and unsupported by the assessed need. The
industry considers the original ADAAG specification, which is
substantially lower than 50%, to be excessive in view of its
assessments on the usage rate of such rooms by persons with
disabilities. People who have photosensitive epilepsy also opposed the
proposed increase because the potential for triggering seizures would
be too great. On the other hand, many comments from persons who are
deaf or hard of hearing voiced strong support for maintaining or
further increasing the proposed 50% requirement. In the belief
[[Page 44109]]
that some transient lodging facilities have adopted voluntary policies
requiring permanently installed visual alarms in all or a majority of
newly constructed guest rooms, the Board sought information on such
cases (Question 15). Commenters responded that they were unaware of any
such corporate policies.
Response. In the final rule, the Board has reduced the scoping for
guest rooms with accessible communication features to the level
specified by the original ADAAG. The Board has included some limited
changes from the original ADAAG scoping for consistency with the
International Building Code (IBC). The minimum number required to
comply is based on the number of rooms provided: 2-25 (2), 26-50 (4),
51-75 (7), 76-100 (9), 101-150 (12), 151-200 (14), 201-300 (17), 301-
400 (20), 401-500 (22), 501-1,000 (5% of total), 1,001 and over (50,
plus 3 for each 100 over 1,000). These levels slightly differ from the
original ADAAG at the higher levels (401 rooms and above). The numbers
are consistent with the IBC except that the IBC scoping does not apply
to facilities with less than 6 guest rooms.
Comment. The industry also objected to requiring alarm appliances
to be permanently installed. One hotel chain commented that their deaf
and hard of hearing guests preferred portable appliances because these
can be used in any guest room. This point was contradicted by comments
from deaf and hard of hearing commenters and advisory committee members
who urged permanent installation.
Response. The Board has elected to reference the NFPA 72-1999
National Fire Alarm Code and has included a requirement that appliances
be permanently installed. The Board believes that the hospitality
industry can best guarantee deaf and hard of hearing guests the same
level of protection as hearing guest by providing them visual devices
that are part of the same fire alarm system that alerts hearing guests.
Fire alarm systems must pass rigorous installation standards and
frequent inspections. To date, the Board is unaware of any portable
equipment that satisfies the requirements of the referenced standard.
Even if portable equipment satisfying this standard were available,
there is still a key concern that their installation, when not
supervised by a trained professional, would not guarantee proper
location and visibility of the signal. The NFPA 72 includes criteria
for the appropriate location of the visual alarm appliance within the
guest room. Deaf and hard of hearing travelers have reported that hotel
staff have installed portable alarms on the floor, under furniture, and
in other locations that do not satisfy the requirements of the
referenced standard.
Section 224.5 requires dispersion of accessible rooms among the
various classes of rooms provided, including room type, bed count, and
other amenities to a degree comparable to the choices provided other
guests. When complete dispersion is not possible due to the number of
rooms required to be accessible, dispersion is to be provided in the
following order of priority: room type, bed count, and amenities.
The proposed rule required communication access in half of the
accessible guestrooms in addition to the number required in section
224.4. The Board considered removing this requirement and stipulating
that there be no overlap between the dispersion of accessible rooms and
communication accessible rooms, as indicated in the draft of the final
guidelines. The Board sought to prevent such overlap to maximize the
availability of each room type and proposed that a similar change be
made in the IBC. This change was not adopted into the IBC, in part due
to consideration of persons using wheelchairs who may need accessible
communication features. The IBC does not require or prohibit overlap
between both types of rooms. In the final rule, the Board has revised
the dispersion requirement to allow some overlap (10% maximum) between
rooms and to ensure that at least one room provides both wheelchair
access and communication access. Thus, no more than 10% of the
accessible rooms can be used to satisfy the required number of rooms
providing communication access. Communication access can be provided in
a greater number of accessible rooms, but the amount in excess of 10%
cannot count toward the number of rooms required to provide
communication access.
Comment. Comments urged that dispersion should be based on bed
count, instead of bed type. People with disabilities, especially those
who traveled with attendants, felt that bed type or size was not as
important as the number of beds.
Response. The criteria for dispersion is also modified. In the list
of factors that define various classes of rooms, the Board has replaced
``types of beds'' with ``number of beds.''
225 Storage
This section covers storage elements and facilities, including
lockers, self-service shelving, and self-service storage facilities. In
the proposed rule, these elements and spaces were covered in two
separate sections: 225 (Self-Service Storage Facilities) and 228
(Storage). In the final rule, these sections have been combined into
one for clarity. No substantive changes have been made to these
provisions.
A scoping provision for coat hooks and shelves that was located at
228.4 has been moved and revised. Since this provision is specific to
certain types of spaces, it is now located among scoping requirements
covering toilet rooms and compartments (213.3.8), and dressing,
fitting, and locker rooms (222.2), as discussed above at these
sections.
226 Dining Surfaces and Work Surfaces
Provisions for access to dining and work surfaces have been revised
to:
Further define dining surfaces as those used ``for the
consumption of food or drink'' (226.1).
Clarify that the types of work surfaces covered do not
include those surfaces used by employees, since elements of work
stations are not required to comply with these guidelines (226.1).
Exempt sales and service counters from this section, which
are covered instead by section 227 (226.1, Exception 1).
Exempt check-writing surfaces at inaccessible check-out
aisles (226.1, Exception 2).
Comment. These guidelines generally do not require elements of a
work station to be accessible. Concern was expressed that the reference
to ``work surfaces'' may be confused as covering surfaces that are part
of a work area or station.
Response. Clarification has been added that this section applies to
work surfaces that are provided ``for use by other than employees.'' In
addition, the Board has specified that the type of dining surface
covered are those provided ``for the consumption of food or drink.''
Comment. Some comments reflected a misunderstanding that this
section also applied to sales counters and other elements that are
addressed in section 227 (Sales and Service).
Response. The final rule includes two clarifying exceptions.
Exception 1 indicates that sales and service counters, which are
addressed in section 227 (Sales and Service), are not required to
comply with the requirements for dining and work surfaces. Exception 2
acknowledges that check writing surfaces are a type of work surface and
that those provided at inaccessible check-out aisles are not required
to comply.
[[Page 44110]]
227 Sales and Service
Section 227 covers access to check-out aisles (227.2), sales and
service counters (227.3), food service lines (227.4), and queues and
waiting lines (227.5). The general charging statement has been
editorially revised to clearly indicate coverage of these various
elements. The title of this section has been changed to ``Sales and
Service'' instead of ``Sales and Service Counters'' since some of the
provisions it contains apply to elements that may not have a counter,
such as check-out aisles and waiting lines.
Requirements for check-out aisles have been revised to clarify
access to check-out aisles serving different functions (227.2). In
addition, the final rule restores an exception for smaller facilities
that allows one check-out aisle to be accessible (227.2, Exception).
Signage requirements for accessible check-out aisles have been modified
and relocated to section 216.11, as discussed above.
Generally, check-out aisles are required to be accessible according
to a scoping table in 227.2. In the proposed rule, this table specified
access according to the number of check-out aisles provided for ``each
function.'' However, the corresponding scoping provision did not fully
correlate with the table because it specified that ``at least one''
accessible check-out aisle be provided for each function. In the final
rule, this provision has been revised to be consistent with the scoping
of the table.
Comment. The original ADAAG provided an exception for facilities
with less than 5,000 square feet of selling space which allowed only
one check-out aisle to be accessible regardless of the number or
different types of aisles provided. This exception has been provided to
limit the impact of accessible check-out aisles on smaller facilities.
The Board had removed this exception in the proposed rule because it
reasoned that most facilities that would qualify for it would likely
have only one check-out aisle or use sales counters instead of check-
out aisles. Commenters disagreed, indicating that such facilities may
have multiple check-out aisles. Thus, the exception should be restored.
Response. The exception has been included in the final rule (227.2,
Exception).
228 Depositories, Vending Machines, Change Machines, and Mail Boxes
No substantive changes have been made to the scoping requirements
for depositories, vending machines, change machines, mail boxes, and
fuel dispensers in section 228 (229 in the proposed rule). Few comments
addressed this section. In the final rule, the Board has added a
reference to fuel dispensers to clarify their coverage by the
guidelines. The proposed rule included requirements intended to apply
to fuel dispensers such as gas pumps. Gas pump manufacturers expressed
concerns about reach range requirements and operating force
specifications which have been addressed in the final rule, as
discussed in sections 308 and 309 below.
229 Windows
Scoping provisions for windows require that at least one glazed
opening, where provided for operation by occupants, meet technical
criteria for operable parts. Access is also required to each glazed
opening required by the administrative authority to be operable. In the
final rule, the Board has included an exception from this requirement
for windows in residential dwelling units. Devices that make window
controls and latches accessible can be provided as a supplementary add-
on feature instead of installed as a permanent fixture. For this
reason, the Board believes that such access can be effectively provided
as a reasonable accommodation under Federal regulations for program
access. These regulations govern the types of residential facilities
covered by these guidelines.
Comment. Concern was expressed that reference to glazed openings
provided for ``operation by occupants'' would be interpreted to apply
to those operated by employees.
Response. Scoping provisions in 203.9 exempt employee work areas
from the guidelines except for requirements concerning accessible
routes, circulation paths, and wiring for visual alarms. Other elements
of employee work areas are not required to comply.
Comment. The referenced technical criteria address the operable
parts of windows, including that such parts be within accessible reach
ranges, but they do not address the height of glazed openings. The
Board sought comment on whether a maximum sill height should be
specified so that people who use wheelchairs can look through the
window to view ground level activities (Question 16). The Board also
requested information on any design requirements, practices, or
considerations that would specify installation above an accessible
height in certain occupancies for security or safety reasons, such as
to guard against break-ins or to prevent improper use by building
occupants, including children. Information was sought on any other
design impacts, such as the use of the space or cavity below windows
for mechanical or other building systems. Comments from people with
disabilities supported the idea of a specified sill height, though few
recommended a particular height. Comment from industry opposed such a
requirement. Some pointed to concerns about child safety and the impact
on heating, ventilation, and air conditioning (HVAC) systems and other
mechanical systems that use the cavity for duct work.
Response. No additional criteria for windows, including the sill
height, have been included in the final rule.
230 Two-Way Communication Systems
Scoping for two-way communication systems remain unchanged in the
final rule. Few comments addressed this section.
231 Judicial Facilities
This section covers courthouses and other judicial facilities and
provides requirements for courtrooms (231.2), holding cells (231.3),
and visiting areas (231.4). This section has not been changed except
for a few editorial revisions:
Provisions specific to courtrooms have been relocated
without substantive change to a new technical section on courtrooms
(808) in Chapter 8, which covers special rooms, spaces, and elements.
A scoping provision for partitions in visiting areas
(231.4.2) has been revised for consistency with the technical criteria
it references.
Comment. Commenters indicated that provisions specific to
courtrooms in section 232.2 of the proposed rule functioned more as
technical requirements and should be relocated to the appropriate
technical chapter.
Response. The Board agrees and has relocated these provisions to a
new technical section in Chapter 8 (Special Rooms, Spaces, and
Elements) at section 808 that is specific to courtrooms.
Comment. A commenter pointed out that the provision for solid
partitions or security glazing in visiting areas should be revised to
be more consistent with the technical provision it references, which
requires some method to facilitate voice communication.
Response. The Board has revised this provision to clarify that ``at
least one of each type'' is required to comply, consistent with the
referenced technical requirement in section 904.6.
[[Page 44111]]
232 Detention and Correctional Facilities
This section provides scoping criteria specific to prisons, jails,
and other types of detention and correctional facilities.
Several provisions in this section have been revised:
This section has been revised to refer to ``cells'' as
opposed to ``cells or rooms'' for purposes of simplicity.
Scoping for beds in cells (232.2.1.1) references a
provision for beds in transient lodging guest rooms which has been
revised, as discussed above in section 224.
A provision for partitions in visiting areas (232.5.2) has
been revised for consistency with the technical criteria it references,
consistent with a similar provision for judicial facilities (231.4.2)
discussed above in section 231.
A dispersion requirement for wheelchair and communication
accessible cells has been removed, as discussed below (232.2.4 in the
proposed rule).
An exception from the requirement for grab bars in cells
specially designed without protrusions for purposes of suicide
prevention (233.3, Exception 1 in the proposed rule) has been moved to
the technical requirement for grab bars, which is a more appropriate
location (604.5).
Scoping provisions for detention and correctional facilities
require access to at least 2% of the general housing and holding cells
provided (232.2.1). In addition, where emergency alarm systems and
telephones are provided in general housing or holding cells, at least
2% of the cells must be equipped with accessible communication
features, such as visual alarms and telephones equipped with volume
controls, to accommodate persons with hearing impairments (232.2.2).
The proposed rule contained a requirement that half of the accessible
communication features be provided in accessible cells, consistent with
a dispersion requirement provided for transient lodging guest rooms.
This provision was changed, as indicated in the draft of the final
guidelines, to prohibit any overlap between accessible cells and those
equipped with accessible alarms and telephones. In the final rule, the
Board has removed this provision. Scoping for accessible communication
features is triggered only where cells are equipped with alarms and
telephones. In facilities without such cells, only scoping for
accessible cells would apply, making provisions for required overlap
irrelevant. Where such cells are provided, the final rule does not
prohibit the location of accessible communication features in
accessible cells.
233 Residential Facilities
Requirements for residential facilities address access for persons
with disabilities, including persons with mobility impairments and
those who are deaf or hard of hearing. This section specifies the
minimum number of residential dwelling units required to be accessible.
The term ``residential dwelling units'' pertains to facilities used as
a residence. A revised definition for the term used in the final rule,
``residential dwelling units,'' is provided in section 106.5. These
facilities have been redefined to further distinguish them from other
types of facilities, such as transient lodging, that provide living
accommodations on a short-term basis. This section has been
significantly revised in the final rule for consistency with other
Federal regulations that address access to residential facilities,
particularly those issued by the U.S. Department of Housing and Urban
Development (HUD).
The ADA's coverage of residential facilities extends primarily to
entities subject to title II such as public housing and other types of
housing constructed or altered by, on behalf of, or for the use of
State or local governments. Title III of the ADA does not generally
apply to private housing, including apartments and condominiums, except
for spaces within that serve as places of public accommodations, such
as sales and rental offices. HUD administers a variety of programs that
fund or subsidize housing. Many of these programs are subject to
section 504 of the Rehabilitation Act of 1973 \20\ which requires that
those receiving Federal financial assistance be accessible to persons
with disabilities. HUD's section 504 regulations \21\ apply access
requirements to residential facilities and include specific provisions
for the minimum number of dwelling units required to be accessible.
Specifically, they require at least 5% of dwelling units in multi-
family projects of 5 or more dwelling units to be accessible and at
least 2% to be equipped with communication features accessible to
persons with hearing impairments. While these requirements are
consistent with those in the proposed guidelines, the HUD regulations
further specify how this scoping is to be applied to housing
``projects,'' a term specifically defined in the HUD regulations. To
avoid any potential conflicts in this area, the Board has referenced
HUD's section 504 regulations for purposes of scoping (233.2). Thus,
entities subject to HUD's section 504 regulations are required to apply
the technical requirements for new construction and alterations of this
rule to the number of units required to be accessible under HUD's
regulations.
---------------------------------------------------------------------------
\20\ 29 U.S.C. 794.
\21\ 24 CFR 8.22(b).
---------------------------------------------------------------------------
Scoping provisions for facilities not subject to HUD's section 504
regulations are addressed in a separate section (233.3). Requirements
for these residential facilities address new construction, dwelling
units for sale, additions, alterations, and dispersion. Substantive
revisions made in the final rule concern:
Residential facilities with a limited number of dwelling
units (233.3.1, Exception).
Dwelling units for sale (233.3.2).
Alterations (233.3.4).
In addition, references to technical requirements have been
editorially revised consistent with the integration of a separate
chapter on residential facilities (11) into other chapters of the
guidelines.
New construction scoping for facilities not subject to HUD's
section 504 regulations is substantively consistent with the level
specified in the proposed rule (233.3.1). At least 5% of the total
number of residential dwelling units must be accessible to persons with
mobility impairments and at least 2% must be equipped with
communication features accessible to persons who are deaf or hard of
hearing.
For newly constructed residential facilities with less than 5
units, the proposed rule provided an exception that allowed the minimum
number to be applied to the total number of dwelling units constructed
under a single contract, or developed as whole, whether or not located
on a common site. In the final rule, this exception has been revised to
apply to facilities with 15 or fewer units, a level which derives from
UFAS, which the Board considered more appropriate (233.3.1, Exception).
The Board had considered adding a provision stipulating that units
providing mobility access and those providing communication access are
to be satisfied independently (i.e., both types of access cannot be
provided in the same unit to satisfy the minimum number of each type
required to be accessible). The Board did not include such a
requirement in the final rule for consistency with requirements in the
International Building Code (IBC). The IBC specifies that multi-family
dwelling units required to have fire alarm systems also have the
capability to support visible alarms. This
[[Page 44112]]
requirement facilitates installation of visual alarms as needed,
including in units providing access for persons with mobility
impairments. To avoid any conflict with the IBC requirement, the Board
has removed its provision prohibiting the location of required
accessible communication features in dwelling units that are accessible
to persons with mobility impairments.
The final rule includes a provision that specifically covers
residential units that are constructed for purchase (233.3.2). This
provision does not apply the scoping percentages otherwise required in
new construction, but instead references regulations issued under the
ADA or section 504 of the Rehabilitation Act. DOJ's title II ADA
regulation and section 504 regulations contain provisions that ensure
access to programs and activities. These regulations require that each
program or activity conducted by a covered entity or a program or
activity receiving Federal financial assistance be readily accessible
to and usable by individuals with disabilities when viewed in its
entirety. A public entity that conducts a program to build housing for
purchase by individual home buyers must provide access according to the
requirements of the ADA regulations and, where Federal financial
assistance is provided, the applicable section 504 regulation. The
Board determined that access to dwelling units for purchase is better
addressed by the program access obligation of these regulations instead
of by the across-the-board scoping percentages of this rule.
Scoping for additions applies the minimum number according to the
number of units added (233.3.3). No substantive changes have been made
to this requirement in the final rule.
Scoping provisions for alterations have been revised in the final
rule (233.3.4). The Board determined that applying requirements to
dwelling units in alterations should be further tailored to conditions
specific to residential facilities. As a result, the final rule focuses
on alterations where the planned scope of work is extensive enough to
achieve fully accessible units that are on accessible routes.
Provisions are included that specifically address residential
facilities vacated as part of an alteration and those that are
substantially altered. Consistent with these provisions, the Board has
included exceptions to the general scoping provisions for alterations,
as discussed above (sections 202.3 and 202.4).
Where a building is vacated for purposes of alteration and has more
than 15 dwelling units, at least 5 percent of the altered dwelling
units are required to be accessible to persons with mobility
impairments and to be located on an accessible route (233.3.4.1). In
addition, at least 2 percent of the dwelling units are to be equipped
with accessible communication features. Facilities vacated for purposes
other than alteration, such as asbestos removal or pest control, are
not subject to this requirement.
Where individual dwelling units are altered and, as a result, a
bathroom or a kitchen is substantially altered and at least one other
room is also altered, the dwelling unit is required to comply with the
scoping requirements for new construction until the total number of
accessible units is met (233.3.4.2). A substantial alteration to a
kitchen or bathroom includes, but is not limited to, changes to or
rearrangements in the plan configuration, or replacement of cabinetry.
Substantial alterations do not include normal maintenance or appliance
and fixture replacement, unless such maintenance or replacement
requires changes to or rearrangements in the plan configuration, or
replacement of cabinetry. As with new construction, the final rule
permits facilities that contain 15 or fewer dwelling units to apply the
scoping requirements to all the dwelling units that are altered under a
single contract, or are developed as whole, whether or not located on a
common site.
An exception to these alteration scoping requirements is provided
in the final rule where full compliance is technically infeasible
(233.3.4, Exception). Technical infeasibility, as defined in the rule,
pertains to existing structural conditions or site constraints that
effectively prohibit compliance in an alteration. Under this exception,
where it is technically infeasible to provide a fully accessible unit
or an accessible route to such a unit, then a comparable unit at a
different location under an entity's purview can be used as a
substitute provided that it fully complies with the access
requirements. A substituted dwelling unit must be comparable to the
dwelling unit that is not made accessible. Factors to be considered in
comparing one dwelling unit to another should include the number of
bedrooms; amenities provided within the dwelling unit; types of common
spaces provided within the facility; and location with respect to
community resources and services, such as public transportation and
civic, recreational, and mercantile facilities.
Dispersion of accessible units is required among the various types
of units provided so that people with disabilities have choices of
dwelling units comparable to and integrated with those available to
other residents (233.3.5). Single-story units can substitute for multi-
story units provided they have equivalent amenities and spaces. These
provisions have not been substantively revised in the final rule.
234 Through 243 Recreation Facilities and Play Areas
Sections 234 through 243 address various types of recreation
facilities, including play areas. These requirements were developed in
separate rulemakings that were finalized after the proposal for this
rule was published. They have been incorporated into the final rule and
have been reformatted and editorially revised for consistency with the
document. No substantive changes have been made. Scoping provisions,
which reference technical provisions in chapters 6 and 10, address:
Amusement rides (234).
Recreational boating facilities (235).
Exercise machines (236).
Fishing piers and platforms (237).
Golf facilities (238).
Miniature golf facilities (239).
Play areas (240).
Saunas and steam rooms (241).
Swimming pools, wading pools, and spas (242).
Shooting facilities with firing positions (243).
Part II: ABA Application and Scoping
This part provides application and scoping requirements for
facilities subject to the ABA. The ABA covers facilities that are
designed, built, altered, or leased with Federal funds. The Board's ABA
guidelines serve as the basis for standards issued by four standard-
setting Federal agencies: the General Services Administration (GSA),
the Department of Defense (DOD), the Department of Housing and Urban
Development (HUD), and the U.S. Postal Service (USPS). The standards
originally issued by these agencies are known as the Uniform Federal
Accessibility Standards (UFAS).
The Board based the ABA application and scoping documents (Chapters
1 and 2) on those in Part 1 for ADA facilities to ensure greater
consistency between the level of access required for ADA and ABA
facilities. While differences or departures from the ADA scoping and
application sections have been minimized, some are unavoidable due to
differences between the ABA and ADA statutes and regulations issued
under them. For example, the ABA covers facilities leased by Federal
[[Page 44113]]
agencies and the guidelines for the ABA reflect this statutory
difference.
In the final rule, differences between the ADA and ABA application
and scoping chapters pertain to modifications and waivers, definitions,
additions, leases, general exceptions (specifically existing elements
and employee work areas), and provisions specific to private buildings
and facilities. In the proposed rule, the Board raised a question
concerning housing on military installations that was applicable only
to the ABA guidelines.
F103 Modifications and Waivers
The ABA recognizes a process under which covered entities may
request a modification or waiver of the applicable standard. The
standard-setting agencies may grant a modification or waiver upon a
case-by-case determination that it is clearly necessary. This
modification and waiver process is recognized in section F103 as a
substitute to the provision for ``equivalent facilitation'' in section
103 provided for facilities subject to the ADA.
F106 Definitions
Definitions for ``joint use,'' ``lease,'' and ``military
installation,'' are included that pertain to provisions specific to the
ABA covering leased facilities. Definitions of ``private building or
facility'' and ``public building or facility'' are not included because
these terms are used to distinguish between places of public
accommodation and commercial facilities covered by title III of the ADA
(private) and State and local government facilities covered by title II
of the ADA (public). In addition, a definition of ``employee work
area'' has been included in the ABA guidelines, consistent with the ADA
guidelines.
F202.2 Additions
Section F202.2 addresses additions to existing facilities and
provides specific criteria for accessible routes, entrances, and toilet
and bathing facilities that derive from UFAS. These provisions have
been retained but are not provided in the ADA scoping document.
Provisions in this section for public pay telephones and drinking
fountains have been included for consistency with a requirement in the
ADA scoping document for an accessible path of travel for certain
additions (202.2).
F202.6 Leases
The ABA requires access to facilities leased by Federal agencies.
Section F202.6 contains scoping requirements for facilities that are
newly leased by the Federal government, including new leases for
facilities previously occupied by the Federal government. The
negotiation of a new lease occurs when (1) the Federal government
leases a facility that it did not occupy previously; or (2) an existing
term ends and a new lease is negotiated for continued occupancy. The
unilateral exercise of an option which is included as one of the terms
of a preexisting lease is not considered the negotiation of a new
lease. Negotiations which do not result in a lease agreement are not
covered by this section. Provisions in this section address joint-use
areas, accessible routes, toilet and bathing facilities, parking, and
other elements and spaces. Corresponding changes concerning coverage of
leased facilities appear in the sections stating the purpose (F101) and
the overall scope of the guidelines (F201.1).
F203 General Exceptions
Section F203.2 establishes a general exception for elements
complying with earlier standards issued pursuant to the ABA or to
section 504 of the Rehabilitation Act of 1973. This exception, or
``grandfather clause,'' applies only to individual elements and applies
only to the extent that earlier standards contain specific provisions
for the required element. For example, UFAS Section 4.17 contains
provisions for wheelchair accessible toilet compartments, but does not
contain provisions for ambulatory accessible toilet compartments. The
technical criteria for wheelchair accessible toilet compartments in
these guidelines at section 604.8.1 differ from UFAS 4.17; however, if
an existing wheelchair accessible toilet compartment complies with UFAS
4.17 it need not comply with 604.8.1. On the other hand, where a
Federal facility is altered, the toilet room may be subject to new
accessibility requirements. In such cases, elements that were not
addressed in earlier standards, such as the ambulatory accessible
toilet stall, must be provided, unless it is technically infeasible to
comply or a waiver or modification of the standards is obtained.
The Board has added the exception at F203.2 because Federal
agencies raised concerns that these guidelines contain provisions for
leasing at section 202.6 that could require alterations to elements
that would have been deemed accessible under UFAS. For example, when a
new lease is negotiated, certain elements within the space must comply
with 202.6 even if the space was previously occupied by the Federal
agency. UFAS Section 4.1.6(1) (f) contains a provision that exempts
elements in both federally owned and leased facilities from any new
requirements for accessibility unless altered. These guidelines require
leased facilities to provide certain accessible elements such as
accessible routes, toilets, drinking fountains, and telephones. Where
these elements comply with earlier standards, they need not comply with
these guidelines. For example, section 602.2 of these guidelines
requires drinking fountains to provide a forward approach while UFAS
4.15.5 permits either a forward or parallel approach. Therefore, an
existing drinking fountain providing a parallel approach and complying
with UFAS 4.15.5 need not comply with section 602.2. An advisory note
further clarifies that this exception does not effect a Federal
agency's responsibilities under the Rehabilitation Act.
The ADA guidelines specify a limited degree of access within
employee work areas (203.9). The level of access is not similarly
limited in ABA facilities, consistent with the ABA's statutory
language. Consequently, there are specifications for work areas that
apply to ADA facilities but not to ABA facilities. These provisions
address circulation paths (206.2.8) and visual alarms (215.3), and
include exceptions concerning technical specifications for accessible
routes (403.5) and ramp handrails (405.8). Also, ADA scoping provisions
for work surfaces are clarified in the final rule as not applying to
those provided for use by employees (226.1). However, an exception is
provided in the ABA guidelines for laundry equipment used only by
employees (F214.1).
F214 Washing Machines and Clothes Dryers
The ABA guidelines specifically exempt washing machines and clothes
dryers provided for employee use (214.1). Other types of employee use
equipment are not exempted. General exceptions for employee work areas
in the ADA guidelines (203.9) effectively exempt laundry and other
types of equipment used only by employees for work purposes. Laundry
equipment that is provided for use by employees as part of their
housing, recreation, or other accommodation must be accessible because
that equipment is not used by the employee to perform job related
duties.
Private Buildings and Facilities
Certain provisions in the ADA scoping document are specific to
private buildings and facilities (i.e., places of public accommodation
and commercial facilities). These include an exception
[[Page 44114]]
from the requirement for an accessible route in private multi-level
buildings and facilities that are less than three stories or that have
less than 3,000 square feet per floor (206.2.3, Exception 1) and TTY
scoping provisions specific to private buildings (217.4.2.2 and
217.4.3.2). These provisions are not included in the ABA guidelines.
F228 Depositories, Vending Machines, Change Machines, and Mail Boxes
The Board has clarified coverage of fuel dispensers in the final
rule by adding a reference to them in the both the ADA scoping document
(section 228) and the ABA scoping document (section F228). These
elements are subject to requirements for operable parts in section 309,
which specify location within accessible reach ranges and maximum
operating forces. Exceptions to these requirements are provided for
fuel dispensers. In the final rule, the Board has exempted coverage of
fuel dispensers used only for fueling official government vehicles,
such as postal and military vehicles. The Board considered such an
exception appropriate to minimize the impact on elements used only by
employees as part of their work responsibilities. A similar exception
was not included in the corresponding provision for facilities covered
by the ADA because such facilities are held to a different level of
access with respect to work areas. The ADA scoping document, unlike its
ABA counterpart, does not require elements within work areas used only
by employees to be accessible.
F234 Residential Facilities
Requirements for residential dwelling units subject to the ABA are
substantively consistent with the ADA scoping document in
distinguishing between residential facilities subject to HUD
regulations (F233.2) and those that are not (F233.4). As discussed
above in section 233, the Board has sought to ensure consistency
between the requirements of this rule and regulations for housing
issued by HUD. In addition, the Board has included provisions specific
to housing provided on military installations (F233.3) which are
consistent with those for facilities not covered by HUD regulations.
The term ``military installation,'' as defined in the final rule
(F106.5), applies to all facilities of an installation, whether or not
they are located on a common site.
The proposed rule did not include an exception for military housing
that is provided in the current standards used to enforce the ABA
(UFAS). UFAS (4.1.4(3)) permits the Department of Defense (DOD) the
option of modifying dwelling units as needed on an installation-by-
installation basis (4.1.4(3)), as opposed to providing access at the
time of construction as is required for other types of dwelling units.
This flexibility allows the military departments to modify units for
access to suit the needs of families with disabilities.
Comment. The Board sought comment on whether the final rule should
include a similar provision that would permit accessible dwelling units
under control of the DOD to be designed to be readily and easily
modifiable to be accessible provided that modifications are
accomplished on a first priority basis when a need is identified
(Question 17). The vast majority of comments, most of which were from
persons with disabilities, opposed such a provision. DOD supported
retaining this exception, consistent with UFAS, since it provides
appropriate flexibility in accommodating families with disabilities at
military installations.
Response. The Board has not included an exception for military
housing in the final rule. Consistent with the proposed rule, certain
exceptions are provided for residential dwelling units generally that
permit the installation of accessible features after construction if
specified conditions are met. For example, grab bars do not have to be
installed during the construction of residential dwelling units if the
proper reinforcement is provided to facilitate their later installation
as needed.
Chapter 3: Building Blocks
Chapter 3 contains basic technical requirements that form the
``building blocks'' of accessibility as established by the guidelines.
These requirements address floor and ground surfaces (302), changes in
level (303), wheelchair turning space (304), clear floor or ground
space (305), knee and toe clearance (306), protruding objects (307),
reach ranges (308), and operable parts (309). They are referenced by
scoping provisions in Chapter 2 and by requirements in subsequent
technical chapters (4 through 10).
Most comments addressed requirements for reach ranges and operable
parts. Substantive revisions made in the final rule include:
Lowering the maximum height for side reaches from 54 to 48
inches (308.3.1).
Providing a limited exception from this requirement for
gas pumps (308.3.1 and 308.3.2, Exception 2) and an exception for the
operable parts of gas pumps (309.4).
Adding an exception from requirements for obstructed side
reaches to accommodate the standard height of laundry equipment
(308.3.2, Exception 1).
302 Floor or Ground Surfaces
Section 302 requires floor or ground surfaces to be stable, firm,
and slip resistant and provides specifications for carpets and surface
openings.
Comment. Slip-resistance is based on the frictional force necessary
to keep a shoe heel or crutch tip from slipping on a walking surface
under conditions likely to be found on the surface. The Board was urged
to reference specifications and testing protocols for slip resistance,
in particular those developed by Voices of Safety International.
Response. Historically, the Board has not specified a particular
level of slip resistance since it can be measured in different ways.
The assessed level (or static coefficient of friction) varies according
to the measuring method used. It is the Board's understanding that
various industries each employ different testing methods and that there
is no universally adopted or specified test protocol. The final rule
does not include any technical specifications or testing methods for
slip resistance as recommended by comments. The Board has chosen not to
reference specifications that have not been vetted by the model codes
community or developed through established industry procedures
governing the adoption of consensus standards and specified test
methods.
The final rule includes exceptions developed in a separate
rulemaking on recreation facilities that exempts animal containment
areas and areas of sports activity from the requirements for floor or
ground surfaces.
303 Changes in Level
Section 303 addresses vertical changes in level in floor or ground
surfaces. No changes have been made to this section. Exceptions for
animal containment areas and areas of sports activity established in
rulemaking on recreation facilities are included in the final rule.
304 Turning Space
Minimum spatial requirements are specified for wheelchair turning
space. This section permits either a 60 inch diameter circle or a T-
shaped design. Objects that provide sufficient knee and toe clearance
can overlap a limited portion of the turning space.
Comment. Comments urged that the minimum dimensions for turning
space be increased to better accommodate scooters and motorized
wheelchairs.
[[Page 44115]]
Recommendations ranged from 64 to 68 inches for the diameter of
circular space and the overall dimensions of the T-shaped space. The
overlap of this space by other elements should be prohibited or further
restricted according to some of these comments because knee and toe
clearances do not accommodate the front tiller of scooters.
Response. The lack of consensus on the dimensions for larger
turning space and the absence of supporting data points to the need for
research on the spatial turning requirements for scooters and other
powered mobility aids. The Board believes that such research is needed
before any changes to the long-standing criteria for turning space are
made. The Board is sponsoring a long-term research project on scooters
and other powered mobility aids through the Rehabilitation Engineering
Research Center on Universal Design.
305 Clear Floor or Ground Space
Section 305 provides requirements for the basic space allocation
for an occupied wheelchair. Few comments addressed this section, and no
substantive changes have been made.
306 Knee and Toe Clearance
Section 306 defines the minimum clearances for knees and toes
beneath fixed objects. Few comments addressing this section were
received. The only changes made to this section are editorial in nature
for purposes of clarity.
307 Protruding Objects
Objects mounted on walls and posts can be hazardous to persons with
vision impairments unless treated according to the specifications in
section 307 for protruding objects. Objects mounted on walls above the
standard sweep of canes (i.e., higher than 27 inches from the floor)
and below the standard head room clearance (80 inches), are limited to
a 4 inch depth. Objects mounted on posts within this range are limited
to a 12 inch overhang.
Comment. Several commenters called for the 27 inch triggering
height to be reduced. Recommendations ranged from 15 to 6 inches.
Comments also recommended that post-mounted objects be held to the
requirements for wall-mounted objects.
Response. Post-mounted objects are common along sidewalks, street
crossings, and other public rights-of-way. The Board intends to develop
guidelines specific to public rights-of-way in a separate rulemaking.
This other rulemaking will address and invite comment on protruding
objects in public rights-of-way. With respect to the mounting height
above which requirements for protruding objects apply (27 inches), the
Board believes research is needed to further assess this specification.
No substantive changes have been made to the provisions for protruding
objects in the final rule.
308 Reach Ranges
Accessible reach ranges are specified according to the approach
(forward or side) and the depth of reach over any obstruction. The
proposed rule, consistent with the original ADAAG, specified maximum
heights of 48 inches for a forward reach and 54 inches for a side
reach. In the final rule, the maximum side reach has been lowered to
the height specified for forward reaches. Exceptions to this
requirement and a related provision for reaches over obstructions have
been added for gas pumps, laundry equipment, and elevators.
The ADAAG Review Advisory Committee's report, upon which the
proposed rule was largely based, recommended that the side reach range,
including obstructed reaches, be changed to those required for forward
reaches. This recommendation was based on a report from the Little
People of America which considered the 54 inch height beyond the reach
for many people of short stature. The advisory committee also
considered the 48 inch maximum for side reaches as preferable for
people who use wheelchairs. The Board proposed retaining the 54 inch
side reach maximum pending further information on the need for, and
impact of, such a change in view of its application to a wide and
varied range of controls and elements. However, the Board acknowledged
that the ANSI A117.1-1998 standard included such a change, which would
mitigate the impact of similar action by the Board in view of new codes
based on the ANSI A117.1 standard.
Comment. Several hundred comments, almost a fifth of the total
received in this rulemaking, addressed the merits of lowering the side
reach maximum. The vast majority urged lowering the side reach,
consistent with the advisory committee's recommendation. Most of these
comments were submitted by persons of short stature and disability
groups. These commenters, as well as the ANSI A117 Committee and the
Little People of America, stated that the unobstructed high reach range
requirement should be lowered to 48 inches to help meet the needs of
people of short stature, people with little upper arm strength and
movement, and people with other disabilities. This change would enhance
consistency between the guidelines and other codes and standards.
Comments called attention to difficulties people encounter accessing
ATMs, vending machines, and gas pumps. Various trade and industry
groups opposed lowering the side reach range due to concerns about the
impact and cost on various types of equipment, including those
highlighted by other comments as difficult to reach. In particular, gas
pump manufacturers outlined the difficulties in designing a fuel
dispenser that would meet the 48 inch requirement. Gas pumps are often
located on curbs at least 6 inches high for safety reasons. In
addition, safety and health regulations require distance between the
electronics of the pump and the dispenser. Comments from the elevator
industry noted that a 48 inch maximum height would adversely impact the
design of elevator controls.
The Board held a public meeting in October, 2000 to collect further
information on this issue. Persons of short stature and disability
groups reiterated the need for lowering the side reach to 48 inches.
ATM manufacturers noted that they could meet the 48 inch maximum height
for most new models of ATMs. Gas pump manufacturers demonstrated the
difficulties in meeting the 48 inch height requirement in view of their
current designs and safety and health design requirements. The gas pump
manufacturers impressed upon the Board the great difficulty of
installing a redesigned gas pump on an existing curb. They contended
that although it would be possible to redesign gas pumps to be 48
inches to the highest operable part, even when installed on a curb,
such gas pumps would have non-uniform fittings. They noted that
installing them would be costly and could necessitate removing the
entire curb.
Response. The maximum side reach height has been lowered from 54 to
48 inches. An exception is provided for the operable parts of fuel
dispensers, which are permitted to be 54 inches high maximum where
dispensers are installed on existing curbs. This exception responds to
industry's concern regarding costs associated with alterations and will
permit the existing stock of gas pumps that are currently within 54
inches to be used. In addition, certain exceptions are provided for
elevators in section 407, consistent with the ANSI A117.1 standard.
Comment. Requirements for side reaches over an obstruction in
308.3.2 limit the height of the obstruction to 34 inches maximum. A
major manufacturer of laundry equipment indicated that this
specification would significantly impact
[[Page 44116]]
the standard design of clothes washers and dryers, which have a
standard work surface height of 36 inches. Complying with a 34 inch
maximum height would decrease machine capacity and involve substantial
redesign and retooling to develop compliant top-loading and front-
loading machines.
Response. An exception has been added that permits the top of
washing machines and clothes dryers to be 36 inches maximum above the
floor.
309 Operable Parts
Specifications for operable parts address clear floor space,
height, and operating characteristics. Operable parts are required to
be located with the reach ranges specified in 308. In addition, they
must be operable with one hand and not require tight grasping,
pinching, twisting of the wrist, or more than 5 pounds of force to
operate.
Comment. The proposed rule included an exception from the height
requirements in 309.3 for special equipment and electrical and
communications systems receptacles. This exception's coverage of
various operable parts was considered to be too broad.
Response. This exception has been revised to specifically cover
operable parts that are ``intended for use only by service or
maintenance personnel,'' ``electrical or communication receptacles
serving a dedicated use,'' and ``floor electrical receptacles.''
However, since such equipment may merit exception from other criteria
for operable parts besides the height specifications, this exception
has been recast as a general exception from section 309 and has been
relocated to the scoping requirement for operable parts in Chapter 2
(see section 205.1, exceptions 1, 2, and 4).
Comment. Gas pump manufacturers indicated that the safety
requirements for the operation of gas pump nozzles effectively preclude
a maximum operating force of 5 pounds.
Response. An exception has been added to 309.4 that permits gas
pump nozzles to have an activating force greater than 5 pounds.
Comment. The Board sought comment on whether the maximum 5 pounds
of force was appropriate for operating controls activated by a single
finger, such as elevator call and control panel buttons, platform lift
controls, telephone key pads, function keys for ATMs and fare machines,
and controls for emergency communication equipment in areas of refuge,
among others. Usability of such controls also may be affected by how
far the button or key must be depressed for activation. Specifically,
the Board asked whether a maximum 3.5 pounds of force and a maximum 1/
10 inch stroke depth provide sufficient accessibility for the use of
operable parts activated by a single finger (Question 18) and whether
there were any types of operable parts that could not meet, or would be
adversely affected by such criteria (Question 19). The few comments
received on this issue were evenly divided on the merits of adding
these specifications. Comments noted that they would pose problems for
fare machines and interactive transaction machines designed to
withstand vandalism and misuse, various types of plumbing products,
dishwashers and laundry machines, and amusement games and attractions.
The elevator industry indicated that the noted specifications would not
pose a problem in the design of elevators.
Response. Due to the limited support expressed and the potential
impacts raised by commenters, a maximum 3.5 pounds of force and a
maximum 1/10 inch stroke depth for operable parts activated by a single
finger has not been included in the final rule.
Chapter 4: Accessible Routes
Chapter 4 contains technical requirements for accessible routes
(402) and the various components of such routes, including walking
surfaces (403), doors, doorways and gates (404), ramps (405), curb
ramps (406), elevators (407 through 409), and platform lifts (410). In
the proposed rule, this chapter included requirements for accessible
means of egress and areas of refuge (409 and 410). These sections have
been removed, as discussed above at section 207. The scoping provisions
for accessible means of egress at section 207 now reference
corresponding requirements in the International Building Code (IBC).
Information on the IBC is available on the Board's Web site at
www.access-board.gov and in advisory notes.
402 Accessible Routes
Section 402 lists the various elements that can be part of an
accessible route: walking surfaces, doorways, ramps, elevators, and
platform lifts. Walking surfaces must have a running slope of 1:20 or
less. Those portions of accessible routes that slope more than 1:20
must be treated as ramps or curb ramps.
Comment. Comments noted that curb ramps should be included in the
list of accessible route components.
Response. A reference to curb ramps has been added to this list in
the final rule (402.2). In addition, the Board has clarified that only
the run of curb ramps, not the flared sides, can be considered part of
an accessible route.
403 Walking Surfaces
Requirements in 403 for walking surfaces apply to portions of
accessible routes existing between doors and doorways, ramps,
elevators, or lifts. The requirements for walking surfaces derive from
existing specifications for accessible routes covering floor or ground
surfaces, slope, changes in level, and clearances. Revisions made to
this section include:
Adding an exception for circulation paths in employee work
areas (403.5, Exception).
Removing redundant specifications for protruding objects
(403.5.3 in the proposed rule).
Addressing handrails provided along walking surfaces
(403.6).
The final rule requires that common use circulation paths within
work areas satisfy requirements for accessible routes (203.9). This
provision does not require full accessibility within the work area or
to every individual work station, but does require that a framework of
common use circulation pathways within the work area as a whole be
accessible. These circulation paths must be accessible according to
requirements for accessible routes and walking surfaces. Section 403.5
includes requirements for the clear width of walking surfaces. The
Board has included an exception to section 403.5 which recognizes
constraints posed by various types of equipment on the width of
circulation paths. Under this exception, the specified clearance for
common use circulation paths within employee work areas can be reduced
by equipment where such a reduction is essential to the function of the
work being performed.
The proposed rule included a requirement that protruding objects
not reduce the required clear width of walking surfaces (403.5.3). The
Board has removed this requirement as redundant. Section 307, which
addresses protruding objects, specifies that such objects not reduce
the clear width of accessible routes (307.5).
Comment. Requirements for handrails in the proposed rule applied
only to those provided along ramps and stairs. The handrail
requirements in section 505 address specifications for continuity,
height, clearance, gripping surface, cross section, fittings, and
extensions. The Board sought comment on whether these requirements
should also be applied to handrails that are provided along portions of
circulation paths without ramps or stairs (Question 20). The few
comments that addressed
[[Page 44117]]
this question supported the inclusion of such a requirement.
Response. In the final rule, the Board has included a requirement
at section 403.6 that handrails, where provided along walking surfaces
not treated as a ramp (i.e., those with running slopes no steeper than
1:20), meet the technical criteria in section 505. The Board has
included provisions in section 505 that exempt walking surfaces from
requirements for handrails on both sides and from requirements for
handrail extensions.
Comment. Section 403.5 specifies a continuous clearance of 36
inches minimum for walking surfaces. Wider clearances are specified for
wheelchair passing space (60 inches minimum) and certain sharp turns
around narrow obstructions. Several comments urged an increase in the
specified clearances for walking surfaces, such as a 48 inch minimum
for exterior routes, and an increase in wheelchair passing space to 66
inches.
Response. No revisions have been made to the specified clearance of
walking surfaces. The minimum width of exterior routes on public
streets and sidewalks will likely be revisited in supplementary
guidelines specific to public rights-of-ways that the Board intends to
develop. These supplementary guidelines will be proposed for public
comment.
404 Doors, Doorways, and Gates
This section covers both doors, doorways, and gates that are
manually operated (404.2) and those that are automated (404.3). Changes
made to the requirements for manually operated doors:
Clarify coverage of gates and the application of this
section to manual doors and doorways intended for user passage (404.2).
Clarify and modify maneuvering clearance requirements
(404.2.4).
Modify requirements for doors and gates in series
(404.2.6).
Clarify the height of door and gate hardware and add an
exception for gates at pools, spas, and hot tubs (404.2.7).
Revise an exception for door and gate surface requirements
(404.2.10, Exception 2) and add a new exception for existing doors and
gates (Exception 4).
In the proposed rule, section 404 referenced doors and doorways.
The original ADAAG included a provision for gates which were subject to
all relevant specifications for doors and doorways. The final rule
includes references to gates throughout section 404 so that they are
equally covered, consistent with the intent of this section and with
scoping provisions for doors, doorways, and gates in section 206.5. In
addition, clarification has been added that the requirements for manual
doors, doorways, and gates in section 404.2 apply to those ``intended
for user passage.''
Comment. Commenters requested that the Board specifically address
doors which do not provide user passage.
Response. Section 404, as all of Chapter 4, addresses accessible
routes and components of such routes. Doors which do not provide user
passage would not be considered part of an accessible route. However,
doors not providing user passage, such as those at many types of
closets and wall mounted cabinets, are subject to requirements for
storage (811) and for operable parts (309) where they are required to
be accessible.
Section 404.2.4 addresses maneuvering clearances at manual doors,
doorways, and gates. It includes tables that specify these clearances
according to the type of door, doorway, or gate (swinging, sliding,
folding, and doorways without doors or gates) and the approach (front,
latch side, hinge side). Clearances are specified for the pull side and
the push side in the case of swinging doors. The final rule includes
clarification, which was partially contained in a previous footnote to
Table 404.2.4.1, that maneuvering clearances ``shall extend the full
width of the doorway and the required latch side or hinge side
clearance,'' consistent with corresponding figures.
Comment. The proposed rule exempted doors to hospital patient rooms
that are at least 44 inches wide from the specifications for latch side
clearances. This exception derives from the original ADAAG and was
intended to apply to those types of patient rooms where patients are
typically transported in and out by hospital staff. Commenters pointed
out that this exception should be limited to acute care patient
bedrooms, as in the original ADAAG. The 44 inch specification pertains
to the clear opening width of doors intended to accommodate gurneys.
Response. The exception, located at section 404.2.4 in the final
rule, remains generally applicable to entry doors serving hospital
patient rooms. The 44 inch width criterion has been removed so that the
exception may be applied without regard to the door width. The Board
opted not to limit the application of this exception due to concerns
about the impact on the standard design and size of patient rooms.
Doors to patient rooms are often located close to adjacent interior
walls in order to facilitate circulation and to enhance privacy. As a
matter of design, practice, or code requirement, such doors are
typically wider in order to accommodate beds and gurneys.
Comment. Table 404.2.4.1 specifies maneuvering clearances for
manual swinging doors and gates. At doors that provide a latch side
approach, the minimum depth of this clearance is increased where a
closer is provided because additional space is needed to counteract the
force of closers while maneuvering through the door from either the
push or the pull side. In the proposed rule, this additional depth (6
inches) was specified when both a closer and a latch are provided.
Comments indicated that this requirement should apply based on the
provision of a closer since the addition of a latch does not impact the
need for additional maneuvering clearance.
Response. The specification in Table 404.2.4.1, footnote 4, has
been revised to apply where a closer is provided at doors with latch
side approaches. The reference to latches has been removed.
Comment. Section 404.2.5 addresses the height of thresholds. A
maximum height of \1/2\ inch is generally specified, although an
exception permits a maximum height of `` inch at existing or altered
thresholds that have a beveled edge on each side. Many comments opposed
any threshold height above \1/2\ inch. Conversely, a few comments urged
that this exception be broadened to restore a similar allowance for
exterior sliding doors.
Response. The Board has retained the \3/4\ inch height allowed for
thresholds with a beveled edge on each side that are existing or
altered because compliance with the \1/2\ inch requirement can, in some
cases, significantly increase alteration costs and necessitate
replacement of door assemblies. An exception in original ADAAG that
allowed a \3/4\ inch threshold at exterior sliding doors was removed in
the proposed rule because products are available, including swinging
doors, that meet the \1/2\ inch maximum specified for all other doors.
No changes to the criteria for thresholds have been made in the final
rule.
Section 404.2.6 specifies the minimum separation between doors and
gates in series (48 inches plus the width of doors or gates swinging
into the space). The proposed rule, consistent with the original ADAAG,
included a requirement that doors and gates in series swing either in
the same direction or away from the space in between. The Board has
removed this requirement for consistency with the ANSI A117.1 standard.
The required separation
[[Page 44118]]
between doors and gates in series and specifications for maneuvering
clearances at doors will ensure sufficient space regardless of the door
swing.
The height of door and gate hardware (34 to 48 inches) is specified
in section 404.2.7. In the final rule, the Board has clarified that
this height pertains to the operable parts of hardware, consistent with
the ANSI A117.1 standard.
In finalizing this rule and incorporating its guidelines for
recreation facilities, the Board determined that the specified height
for door and gate hardware conflicts with industry practice or safety
standards for swimming pools which specify a higher range for the
location of latches beyond the reach of young children. The Model
Barrier Code for Residential Swimming Pools, Spas, and Hot Tubs (ANSI/
NSPI-8 1996) permits latch releases for chain link or picket fence
gates to be above 54 inches. The model safety standard does not apply
this requirement to key locks, electronic openers, and integral openers
which have a self-latching device that is also self-locking. To
reconcile this conflict, the Board has added an exception in the final
rule for barrier walls and fences protecting pools, spas, and hot tubs
(404.2.7, Exception 2). Under this exception, a 54 inch maximum height
is permitted for the operable parts of the latch release on self-
latching devices. Although the final guidelines specify 48 inches as
the maximum forward or side reach, the original ADAAG recognized a
maximum of 54 inches for side reach. Consistent with the model safety
standard, this exception is not permitted for self-locking devices
operated by keys, electronic openers, or integral combination locks.
Comment. Section 404.2.7 also covers the operating characteristics
and height of door and gate hardware. An exception is provided for
``existing locks at existing glazed doors without stiles, existing
overhead rolling doors or grilles, and similar existing doors or
grilles that are designed with locks that are activated only at the top
or bottom rail.'' The advisory committee had recommended a broader
exception that would have permitted any location for locks used only
for security purposes and not for normal operation. Several comments
preferred the exception put forth by the advisory committee over the
one proposed by the Board.
Response. The Board sought to limit the exception to existing doors
or grilles because design solutions for accessible doors and gates are
available in new construction. In addition, the Board felt that the
advisory committee's language concerning ``locks used only for security
purposes'' could be construed as applying to any lock. No changes have
been made to the exception.
Comment. Section 404.2.9 addresses the opening force of doors and
gates. The provisions are consistent with existing ADAAG specifications
by requiring a maximum 5 pounds of force for sliding, folding, and
interior hinged doors. Fire doors are required to have the minimum
opening force permitted by the appropriate administrative authority. No
maximum opening force was proposed for exterior hinged doors. Many
comments urged the Board to address exterior hinged doors, with a
majority proposing a maximum of 8.5 pounds of force. Where this maximum
cannot be met, the door should be required to be automatic or power-
assisted, according to these comments. Some commenters felt that
automatic doors should be made mandatory regardless of the opening
force of manual hinged doors.
Response. Historically, the Board has not specified a maximum
opening force for exterior hinged doors to avoid conflicts with model
building codes. The closing force required by building codes usually
exceeds 5 pounds, the maximum considered to be accessible. Factors that
affect closing force include the weight of the door, wind and other
exterior conditions, gasketing, air pressure, heating, ventilation, and
air conditioning (HVAC) systems, and energy conservation, among others.
Research previously sponsored by the Board indicates that a force of 15
pounds is probably the most practicable as a specified maximum.
Considering that closing force is 60% efficient, a 15 pound maximum for
opening force may be sufficient for closure and positive latching of
most doors, but is triple the recognized maximum for accessibility. A
maximum opening force for exterior hinged doors has not been included
in the final rule.
Section 404.2.10 requires that swinging doors and gates have a
smooth surface on the push side that extends their full width. This
provision derives from the ANSI A117.1-1992 standard and is intended to
permit wheelchair footrests to be used in pushing open doors without
risking entrapment on the stile. This provision requires that parts
creating joints in the smooth surface are to be within \1/16\ inch of
the same plane as the other. Also, cavities created by added kick
plates must be capped. Exceptions from this requirement are recognized
for sliding doors (Exception 1), certain tempered glass doors without
stiles (Exception 2), doors and gates that do not extend to within 10
inches of the floor or ground (Exception 3), and existing doors and
gates (Exception 4).
Comment. Exception 2 exempts tempered glass doors without stiles
that have a bottom rail or shoe with the top leading edge tapered at 60
degrees minimum from the horizontal. Comments indicated that these
types of doors should be exempt from the requirement for the smooth
surface area on the push side, but should be subject to other portions
of the provision covering surface joints and added kick plates.
Response. In the final rule, section 404.2.10, Exception 2 has been
revised to exempt the type of tempered glass doors described only from
the requirement for a smooth surface on the push side that extends the
full width of the door. Such doors remain subject to specifications for
parts creating joints in the surface and for provided kick plates.
In finalizing the rule, the Board determined that the cost of
making existing doors or gates comply with the smooth surface
requirement in alterations can be significant. An exception from this
requirement for existing doors and gates is provided in the final rule
(404.2.9, Exception 4). Under this exception, such doors or gates do
not have to comply with the surface requirements, provided that
cavities created by added kick plates are capped.
Section 404.3 addresses automatic doors and gates, including those
that are full-powered, low-energy, and power-assisted. In addition to
the provisions of section 404.3, such doors are subject to industry
standards (ANSI/BHMA 156.10 and 156.19). The reference to these
standards in section 105.2 has been updated in the final rule to refer
to the most recent editions: ANSI/BHMA A156.10-1999 Power-Operated
Pedestrian Doors and the 1997 or 2002 editions of ANSI/BHMA A156.19
Power-Assist and Low-Energy Power-Operated Doors. The Board's Web site
at www.access-board.gov provides further information on these
referenced standards. Provisions in section 404.3 address clear width;
maneuvering clearance; thresholds; doors and gates in series; operable
parts; break out opening; and revolving doors, gates, and turnstiles.
Changes made to this section include:
Removal of unnecessary language from the charging
statement (404.3).
Modification of maneuvering clearance specifications
(404.3.2).
Removal of requirements for door labels and warnings
(404.3.6 in the proposed rule).
Revision of specifications for break out opening
(404.3.6).
[[Page 44119]]
Addition of a provision for revolving doors, gates, and
turnstiles (404.3.7).
Comment. In the proposed rule, section 404.3 noted that
``[a]utomatic doors shall be permitted on an accessible route.''
Commenters indicated that this language was unnecessary since any type
of door complying with section 404 may be on an accessible route
(404.1).
Response. The statement permitting automatic doors on accessible
routes in section 404.3 has been removed.
In the proposed rule, section 404.3.2 required that maneuvering
clearances specified for swinging doors be provided at power-assisted
doors and gates since their activation, unlike those that are fully
automated, involves manual operation. In the final rule, this provision
has been revised to also apply to automatic doors and gates not
equipped with standby power that are part of an accessible means of
egress. In cases of building power failure, this will help provide
access where manual operation of the door or gate is required, unless
the opening device has its own back-up power supply. A new exception
exempts those automatic doors or gates that remain open in the power-
off condition since manual operation is not necessary during power
outages.
The proposed rule included a requirement that labels and warning
signs for automatic doors meet requirements in section 703.4 for non-
tactile signage (404.3.6). The Board has removed this requirement in
the final rule since the referenced industry standards address the
characteristics of these signs and labels.
Comment. In the proposed rule, the Board included a requirement
that the clear break out opening for swinging or sliding automatic
doors be at least 32 inches in emergency mode so that an accessible
route through them is maintained in emergencies (404.3.7). Several
comments opposed this requirement because of a common accessibility
retrofit in which 60 inch wide double doors are automated so that both
30 inch leaves open simultaneously to meet the minimum 32 inch clear
opening requirement. However, neither leaf would provide the minimum 32
inch clearance in emergency mode required by this provision.
Response. The Board has revised the requirement so that it applies
only to those automatic doors and gates without standby power that are
part of a means of egress (404.3.6). Automatic doors equipped with
backup power would meet this requirement, including those with double
leaves less than 32 inches wide. In addition, the Board has added an
exception under which compliance with this provision is not required
where accessible manual swinging doors or gates serve the same means of
egress.
Comment. A commenter advised that no revolving doors or turnstiles
should be permitted on an accessible route.
Response. As indicated in the proposed rule, manual revolving
doors, gates, and turnstiles cannot be part of an accessible route
(404.2.1). The Board has included a provision clarifying that automatic
types of revolving doors, gates, and turnstiles cannot be the only
means of passage at an accessible entrance (404.3.7). While automated
revolving doors, if large enough, may be usable by people with
disabilities, certain questions remain about the appropriate maximum
speed, minimum diameter, compartment size, width and configuration of
openings, break out openings, and safety systems such as motion
detectors that stop door movement without contact. An alternate door in
full compliance with 404 is considered necessary since some people with
disabilities may be uncertain of their usability or may not move
quickly enough to use them.
405 Ramps
Section 405 provides technical criteria for ramps. Revisions made
to this section include:
A new exception for ramps in assembly areas (405.1).
Removal of an exception for ramp slopes in historic
facilities (405.2).
Addition of exceptions for ramps in employee work areas
(405.5 and 405.8).
Clarification of specifications for ramp landings (405.7).
Comment. Requirements for ramps apply to portions of accessible
routes that slope more than 1:20. Technical provisions address running
slope, cross slope, handrails, landings, edge protection, and other
elements. Comments from designers of assembly areas requested that the
guidelines make clear that ramps adjacent to seating in assembly areas
that are not part of a required accessible route do not have to comply
with the guidelines. Often, it is not practicable that such ramps meet
requirements for handrails, edge protection, running slope, and other
specifications.
Response. An exception has been added in the final rule (405.1) for
ramps adjacent to seating in assembly areas, which are not required to
comply with the guidelines provided that they do not serve elements
required to be on an accessible route.
Section 405.2 specifies a maximum running slope of 1:12 for ramps.
Alternate slope requirements are permitted for short ramps in existing
facilities where space constraints effectively prohibit a 1:12 running
slope. A 1:10 maximum slope is permitted for ramps with a rise of up to
6 inches, and a maximum 1:8 slope is allowed for ramps with a rise of
up to 3 inches.
Comment. Commenters recommended that language in the original ADAAG
be restored calling for the ``least possible slope'' to be used, with
1:12 being the maximum allowed.
Response. While the least possible slope is generally desired for
easier access, this language had been removed because it is considered
too vague from a compliance standpoint and thus difficult to enforce.
The final rule, consistent with the proposed rule, specifies only that
the maximum slope shall be 1:12.
Comment. The proposed rule included an exception for qualified
historic structures (405.2, Exception 2) that would have permitted a
running slope of 1:6 maximum for ramps no longer than 24 inches.
Commenters urged that this exception be removed for consistency with
the ANSI A117.1-1998 standard and the International Building Code
(IBC).
Response. This exception for qualified historic facilities has been
removed in the final rule. Such facilities, however, may qualify for
the exceptions generally permitted for existing facilities that have
been retained in the final rule.
The final rule includes exceptions for ramps located in employee
work areas. Common use circulation paths within such areas are subject
to requirements for accessible routes (203.9). These circulation paths
must be accessible according to requirements for accessible routes,
including ramps. Exceptions included in the final rule for the clear
width (405.5) and handrails (405.8) of ramps located in employee work
areas recognize constraints posed by various types of equipment.
Employee work area ramps do not have to meet the specified 36 inch
minimum clear width where a decrease is necessary due to equipment
within the work area so long as the decrease is essential to the work
being performed. Ramps within employee work areas are not required to
have handrails if they are designed to permit the later installation of
complying handrails. A clearance of 36 inches between handrails is
required, except at those ramps that qualify for the clear width
exception in 405.5.
Comment. Section 405.7 addresses ramp landings, including the
minimum
[[Page 44120]]
width and length (405.7.2 through 405.7.4). A commenter suggested that
these provisions be revised to the ``clear'' dimension for clarity and
consistency.
Response. Specifications for ramp landings have been revised in the
final rule, as suggested, to refer to the ``clear'' dimension.
406 Curb Ramps
Section 406 provides requirements specific to curb ramps and also
applies requirements for other types of ramps covered by section 405.
These include specifications for running slope, surface, clear width,
and wet conditions. Consistent with the scope of the guidelines, these
requirements apply to facilities on sites. The Board will address and
invite comment on requirements for curb ramps located in public streets
and sidewalks in upcoming rulemaking to develop supplementary
guidelines specific to public rights-of-way. This supplement will be
proposed for public comment based on recommendations from the Board's
Public Rights-of-Way Access Advisory Committee, which was comprised of
representatives from the transportation industry, Federal, State and
local government agencies, the disability community, and design and
engineering professionals. This committee's recommendations are
contained in a report, ``Building a True Community,'' which was
submitted to the Board in January 2001.
Provisions for curb ramps in section 406 have been revised to:
Clarify requirements for cross slope (406.1).
Modify specifications for side flares (406.3) and landings
(406.4).
Delete unnecessary language concerning handrails (406.4 in
the proposed rule).
Clarify the specified location of curb ramps (406.5).
Change specifications for diagonal curb ramps (406.6).
Comment. Comments indicated that specifications for cross slope
(1:48 maximum) are not referenced in the curb ramp section.
Response. In the final rule, the Board has clarified that curb
ramps, like other elements of accessible routes, cannot have a cross
slope steeper than 1:48, by adding a reference to the cross slope
specification for ramps in section 405.3.
Section 406.3 addresses the sides of curb ramps and specifies that
side flares, where provided, have a slope of 1:10 maximum. In the
proposed rule, this provision required flared sides where pedestrians
must walk across the curb ramp. Returned sides were permitted where
pedestrians would not normally walk across the ramp. In the final rule,
this distinction has been removed. However, curbs with returned sides
remain an alternative to flared sides. In addition, the specification
for shallower (1:12) side flares for curb ramps with limited space at
the top has been removed in conjunction with revisions to the criteria
for landings (406.4).
Comment. Commenters advised that landings should be specified at
the top of curb ramps.
Response. Section 406.4 is new to the final rule in clarifying
requirements for landings at the top of curb ramps. Curb ramps must be
connected by an accessible route which, in effect, requires space at
least 36 inches in length at the top of curb ramps. Otherwise,
maneuvering at the top of ramps would require turning on the flared
sides. Landings must also be as wide as the curb ramp they serve. The
proposed rule specified that side flares of 1:12 maximum must be
provided when space at the top of curb ramps is less than 48 inches
long. This specification has been removed. However, a similar exception
has been added for alterations. Under this exception, 1:12 maximum side
flares are required where there is no landing at the top of curb ramps.
This exception was provided to address situations where existing space
constraints or obstructions may prohibit a landing at the top of curb
ramps.
The proposed rule noted that handrails are not required on curb
ramps (406.4 in the proposed rule). This language, though accurate, has
been removed as unnecessary since the technical provisions for curb
ramps in section 406 do not include or reference requirements for
handrails.
Section 406.5 specifies the location of curb ramps at marked
crossings. In the final rule, requirements for the general location of
curb ramps that were provided at section 406.8 in the proposed rule
have been integrated into this provision for simplicity. As
reformatted, section 406.5 covers the location of curb ramps, including
at marked crossings.
Comment. Curb ramps must be located so that they do not project
into vehicular traffic lanes or parking spaces and access aisles.
Commenters noted that this requirement should be clarified to apply not
only to the run of the curb ramp, but also to flared sides, where
provided.
Response. Consistent with the intent of the requirement in section
406.5, the Board has clarified that the specified location applies to
curb ramps ``and the flared sides of curb ramps.''
Comment. Section 406.6 provides specifications for diagonal (or
corner type) curb ramps. These curb ramps must have a 48 inch minimum
clear space at the bottom. Comments advised that this space should be
provided outside active traffic lanes of the roadway so that persons
traversing the ramp are not in the way of oncoming traffic from either
direction at an intersection.
Response. Clarification has been added in the final rule that the
clear space at the bottom of diagonal curb ramps must be located
``outside active traffic lanes of the roadway.''
Comment. Requirements for diagonal curb ramps in section 406.6 also
specify that a segment of straight curb at least 2 feet long must be
provided on each side of the curb ramp and within the marked crossing.
This portion of curb face provides a detectable cue to people with
vision impairments traveling within the crosswalk. Comments noted that
this segment of curb does not have to be horizontally straight to
provide such a cue and that achieving straight segments two feet long
within marked crossings is very difficult under standard intersection
design conventions.
Response. The requirement in section 406.6 that the 2 foot curb
segment aside diagonal curb ramps be ``straight'' has been removed. The
segment can be provided at arced portions of the curb, but must still
be located within marked crossings.
Comment. Comments, most from groups representing persons with
vision impairments, called attention to the need for detectable
warnings at curb ramps, blended curbs, and cut-through islands. They
requested that such a requirement be reinstated in the final rule. A
few comments opposed such a change.
Response. The original ADAAG contained a requirement that curb ramp
surfaces have a raised distinctive pattern of truncated domes to serve
as a warning detectable by cane or underfoot to alert people with
vision impairments of the transition to vehicular ways (ADAAG 4.7.7).
This warning was required since the sloped surfaces of curb ramps
remove a tactile cue provided by curb faces. In response to concerns
about the specifications, the availability of complying products,
proper maintenance such as snow and ice removal, usefulness, and safety
concerns, the Board, along with the Department of Justice (DOJ) and the
Department of Transportation (DOT), suspended the requirement for
[[Page 44121]]
detectable warnings at curb ramps and other locations pending the
results of a research project sponsored by the Board on the need for
such warnings at these locations.\22\ The research project showed that
intersections are very complex environments and that pedestrians with
vision impairments use a combination of cues to detect intersections.
The research project suggested that detectable warnings had a modest
impact on detecting intersections since, in their absence, pedestrians
with vision impairments used other available cues. The results of this
research indicated that there may be a need for additional cues at some
types of intersections, but did not identify the specific conditions
where such cues should be provided.
---------------------------------------------------------------------------
\22\ 59 FR 17442 (April 12, 1994).
---------------------------------------------------------------------------
Suspension of this requirement continued until July 26, 2001, to
accommodate the advisory committee's review of ADAAG and resulting
rulemaking by the Board.\23\ The advisory committee recommended that
the requirement for detectable warnings at platform edges in
transportation facilities be retained, but it did not make any
recommendations regarding the provision of detectable warnings at other
locations within a site. The advisory committee suggested that the
appropriateness of providing detectable warnings at vehicular-
pedestrian intersections in the public right-of-way should be
established first, and that the application to locations within a site
should be considered afterward. Consequently, the Board did not include
requirements for detectable warnings in the proposed rule, except at
boarding platforms in transit facilities. Nor did the Board further
extend the suspension, which expired on July 26, 2001. Since the
enforcing agencies did not extend the suspension either, the detectable
warning requirements are technically part of the existing standards
again. DOJ and DOT can provide additional guidance on their enforcement
of these requirements pending the update of their standards according
to these revised guidelines.
---------------------------------------------------------------------------
\23\ 61 FR 39323 (July 29, 1996) and 63 FR 64836 (November 23,
1998).
---------------------------------------------------------------------------
The Board will address and invite comment on detectable warnings on
curb ramps in its development of guidelines covering public rights-of-
way. Those guidelines will be proposed for public comment based on
recommendations from the Public Rights-of-Way Access Advisory
Committee. This committee's report to the Board makes recommendations
for detectable warnings at curb ramps. Consistent with the ADAAG Review
Advisory Committee's recommendation, the Board intends to address
detectable warnings in public rights-of-way before including any
specification generally applicable to sites. Thus, this final rule does
not reinstate requirements for detectable warnings at curb ramps or
hazardous vehicular areas.
407 Elevators
Section 407 covers passenger elevators, including destination-
oriented elevators and existing elevators. This section also requires
compliance with the industry safety code, ASME/ANSI A17.1-2000 Safety
Code for Elevators and Escalators. The Board has revised the rule to
reference the most recent edition of this code (105.2.2).
The requirements for elevators have been extensively revised and
reformatted. In the proposed rule, different types of elevators were
covered by separate subsections: standard elevators (407.2),
destination-oriented elevators (407.3), limited-use/limited-application
elevators (407.4), and existing elevators (407.5). In addition,
residential elevators were addressed in a separate chapter covering
residential facilities (11). Since there was considerable redundancy in
the specifications between some types of these elevators, the Board has
integrated into one section (407) the requirements for standard,
destination-oriented, and existing elevators. Basically, this revised
section tracks the requirements for standard elevators in 407.2 of the
proposed rule, but the provisions have been renumbered and formatted.
Various exceptions specific to destination-oriented and existing
elevators have been incorporated into this section to preserve the
substance of differing specifications. Requirements for limited-use/
limited-application (LULA) elevators and residential elevators are
provided in sections 408 and 409, respectively.
Comment. The proposed rule applied requirements specifically to
``new'' elevators, including destination-oriented and LULA types, and
to ``existing'' elevators. However, substantive differences between
requirements for ``new'' and ``existing'' elevators applied only to
standard elevators. Comments recommended that references to ``new'' be
removed for consistency with the rest of the document.
Response. The Board has removed references to ``new'' in the
requirements for elevators in sections 407 and 408 for consistency with
the scoping of the guidelines. The requirements of these sections apply
to existing elevators that are altered, consistent with the basic
application of the guidelines. Provisions specific to ``existing''
elevators in section 407 address certain allowances permitted in the
alteration of standard elevators.
Substantive changes made to requirements for elevators in section
407 include:
Revision of the height of call controls (407.2.1.1).
Removal of a specification concerning objects located
below hall call buttons (407.2.2 in the proposed rule).
Modification of specifications for audible hall signals
(407.2.2.3) and audible car position indicators (407.4.8.2).
Revision of the height of tactile floor designations at
hoistways (407.2.3.1).
Addition of an exemption for destination-oriented
elevators from the requirements for door and signal timing (407.3.4).
Addition of a new exception for the height of car controls
(407.4.6.1, Exception 1).
Modification of requirements for keypads (407.4.7.2).
Clarification that requirements for operable parts in 309
apply to call controls (407.2.1) and car controls (407.4.6).
Removal of redundant specifications for emergency
communication systems (407.4.9).
Relocation of requirements for existing elevator cars to
be labeled by the International Symbol of Accessibility, unless all
cars are accessible, to the signage scoping section (216.7).
Section 407.2 provides specifications for elevator halls and
lobbies. In the final rule, this provision has been editorially revised
to refer to elevator ``landings,'' consistent with the ANSI A117.1-2003
standard.
Comment. The proposed rule specified that call buttons be located
35 to 48 inches above the floor (407.2.2). These controls should be
held to the basic reach range specifications in section 308 like any
other operable part, according to commenters.
Response. In the final rule, call controls are required to be
located within one of the reach ranges specified in section 308
(407.2.1.1). In addition, the Board has removed a requirement that
objects mounted beneath hall call buttons protrude no more than 4
inches into the clear floor space. Such protrusions are adequately
addressed by requirements for clear floor space in 305
[[Page 44122]]
and for protruding objects in section 307.
Comment. Audible hall signals must indicate the direction of a
responding car by the number of sounds (once for up and twice for down)
or by verbal announcements (407.2.2.3). The proposed rule included a
maximum frequency (1,500 Hz) for audible signals. The Board sought
comment on whether a frequency band width should be specified for
verbal annunciators (Question 21). Specifically, the Board asked
whether a band width of 300 to 3,000 Hz for hall signals would be
appropriate. Information on the availability and cost of products
meeting this specification was also requested. Comments from the
elevator industry indicated that hall signals currently fall within
this range.
Response. The Board has added a requirement in the final rule that
hall signal verbal annunciators have a frequency of 300 Hz minimum and
3,000 Hz maximum. For consistency, a similar requirement is specified
for verbal car position indicators (407.4.8.2.3). In the proposed rule,
these verbal annunciators were subject to a maximum frequency of 1,500
Hz. In addition, the Board has modified hall signal verbal annunciators
by requiring that they ``indicate the direction of elevator car
travel,'' instead of specifying the content (``up,'' ``down'') as
required in the proposed rule.
Comment. The proposed rule specified a decibel range of 20 to 80
decibels for hall signals and annunciators (407.2.3.1) and car position
annunciators (407.3.4.2). Comments recommended that the minimum be
changed to 10 decibels above the ambient noise level for consistency
with the ANSI A117.1-2003 standard.
Response. The minimum decibel range for hall and car position
signals has been changed to 10 decibels above ambient. In addition, the
provision for audible indicators (407.4.8.2) has been revised to
require floor announcement when the car is about to stop, instead of
when it has stopped, consistent with the ANSI A117.1 standard.
The proposed rule specified that tactile floor designations at the
hoistway be 60 inches above the floor, measured from the baseline of
the characters (407.2.4). In the final rule, this specification, now
located at section 407.2.3.1, applies the mounting height generally
required for other types of tactile signs by 703.2 (48 to 60 inches
above the floor). The Board felt that there was little reason to hold
hoistway signs to a more restrictive location than that specified for
other types of tactile signs.
Comment. Section 407.3.1 recognizes acceptable types of elevator
doors. The proposed rule recognized horizontal sliding doors. A comment
indicated that other door types recognized by the elevator code should
be recognized, such as vertical sliding doors.
Response. In the draft of the final guidelines, the Board had
included a reference to vertical sliding doors permitted by the
elevator safety code (ASME A17.1) in response to this comment. A
similar change was not approved for the ANSI A117.1 standard due to
concerns about such doors posing a tripping hazard to persons with
vision impairments. For consistency, the Board has removed the
reference to vertical sliding doors in the final rule.
Section 407.3.4 specifies door and signal timing. This provision
helps ensure that elevator doors remain open long enough for persons
with disabilities to travel from call buttons to the responding car and
is based on a travel speed of 1\1/2\ feet per second. Destination-
oriented elevators may have call buttons located outside elevator
landing areas and have enhanced programming features for the response
time of cars. In recognition of this, the Board has included in the
final rule an exception from the door and signal timing requirements
for destination-oriented elevators (407.3.4, Exception 2).
Comment. Comments recommended that the height of elevator car
controls be harmonized with the ANSI A117.1 standard. Specifically, the
ANSI standard specifies a maximum reach height of 48 inches for forward
or side reaches. It also provides an exception that allows a maximum
height of 54 inches for elevators with more than 16 openings where a
parallel approach to the car controls is provided. The advisory
committee also recommended lowering the maximum height for control
buttons from 54 to 48 inches, consistent with its recommendations for
reach ranges generally. The advisory committee recognized a potential
adverse impact of a lower maximum height on elevators with panels that
must have a large number of buttons in a limited amount of space and
recommended an exception that would allow the 54 inch maximum height
for elevators with more than 16 stops.
Response. As discussed above in section 308, the Board lowered the
maximum side reach height from 54 to 48 inches. This height is the same
as that specified for forward reaches. Elevator car controls are
required to be within these reach ranges (407.4.6.1). Consequently, the
Board has included an exception, consistent with the ANSI A117.1
standard and the advisory committee's recommendation, that allows a
maximum height of 54 inches where the elevator serves more than 16
openings and a parallel approach is provided (407.4.6.1, Exception 1).
Comment. The proposed rule, in addressing elevator car controls,
required that telephone-style keypad buttons, where provided, be
identified by raised characters centered on the keypad button
(407.2.11.2). Comments indicated that tactile characters for each
button are not needed on such keypads. Support was expressed for making
this requirement consistent with the ANSI A117.1-1998 standard which
requires a standard keypad arrangement with a raised dot on the number
5 key which is held to specifications for braille dots and a base
diameter of 0.118 to 0.120 inch. Raised characters are not required.
Response. The Board has revised the requirements for elevator
keypads, now located at 407.4.6.3 and 407.4.7.2, that are consistent
with the ANSI A117.1 standard. The final rule requires a standard
telephone keypad arrangement with the number 5 key identified by a
raised dot that complies with specifications for the base diameter and
specifications for braille dots in section 703.3.1. In addition, the
Board has included a requirement that the characters provided on
buttons comply with visual characteristics specified in section 703.5,
which covers finish and contrast, character proportion and height,
stroke thickness, and other criteria.
Section 407.4.9 provides criteria for emergency two-way
communication systems in elevator cars which address the height of
operable parts and identification by tactile characters. The proposed
rule included requirements for the cord length of provided handsets and
instructions. It also required that emergency signaling devices not be
limited to voice communication. These requirements have been removed in
the final rule because the referenced elevator safety code (ASME
A17.1), as revised, adequately addresses these features or makes them
unnecessary. For example, the ASME code prohibits the use of handsets
since they are easily subject to vandalism, which obviates the need for
specifications concerning the cord length.
Comment. Comments recommended that the guidelines address emergency
communication systems located in a closed compartment and apply the
specifications for operable parts in section 309 to compartment door
hardware.
[[Page 44123]]
Response. The Board had included such a requirement in the draft of
the final guidelines (407.4.9.6). In the final rule, the Board has
removed this requirement since the ASME A17.1 safety code no longer
permits emergency communication systems to be located within a closed
compartment. However, the Board has retained provisions it had included
that clarify the application of requirements for operable parts in
309.4 to call controls (407.2.1) and car controls (407.4.6).
Comment. In order to accommodate people with hearing or speech
impairments, the proposed guidelines specified that the emergency
communication system not rely solely on voice communication (407.2.13
in the proposed rule). The Board sought information and product
literature on emergency communication devices and communication
technologies that provide two-way communication in a manner accessible
to people who are deaf and others who cannot use voice communication
(Question 22). Comments, particularly those from groups representing
persons who are deaf or hard of hearing, strongly supported such a
requirement. They considered some form of interactive communication
similar to that available through TTYs essential for providing
equivalent access in emergencies. However, these comments did not
specifically mention any technologies that are currently available to
provide such access within elevator cars.
Response. Additional requirements for emergency communication
systems are not included in the final rule. Further, the Board has
removed specifications concerning the method of communication since the
referenced elevator safety standard contains analogous provisions.
Under such provisions, emergency communication systems cannot rely
solely on voice communication. The ASME A17.1 code (section 2.27)
requires provision of a push button labeled ``HELP'' which, when
activated, initiates a call for help and establishes two-way
communication. A visual signal is required on the same panel as the
``HELP'' button to notify persons with hearing impairments that the
call for help has been received and two-way communication has been
established. Voice (or other audible systems) with a visual display
that provides information on the status of a rescue will meet this
requirement. Clearly labeled visual displays can be as simple as
lighted jewels that indicate that the call for help has been activated
and that the message has been received. The visual signal is also
required to indicate termination of the two-way communication link.
408 Limited-Use/Limited-Application Elevators
Section 408 provides requirements for limited-use/limited-
application (LULA) elevators which correspond to section 407.4 in the
proposed rule. LULA elevators are typically smaller and slower than
other passenger elevators and are used for low-traffic, low-rise
installations. This section provides specific criteria for these
elevators and also references various provisions for standard elevators
covered in section 407. Thus, some changes discussed above for standard
elevators also pertain to LULA elevators as well. For example, the
revision to the height of call buttons in section 407.2.1.1 (which are
now subject to the basic reach range requirements instead of the
previously specified range of 35 to 48 inches) also applies to LULA
elevators. Additional changes in the final rule that are substantive in
nature pertain to hoistways, car controls, and car sizes.
Comment. Some individuals and disability groups opposed the
allowance of LULA elevators due to concerns about their size and
accessibility. Industry, facility operators, designers and some
disability groups strongly supported LULA elevators as an alternative
where a standard elevator is not required.
Response. The Board has retained provisions for LULA elevators
which are only permitted in facilities not required to have any
elevator or as an alternative to platform lifts (206.6). Since this
kind of elevator requires less space and costs less than standard
elevators, LULA elevators will provide a more viable option where a
form of vertical access would otherwise not be provided. The technical
criteria for LULA elevators specify minimum car sizes that ensure
adequate accessibility. In addition, they are required to comply with
the applicable section of the elevator safety code (ASME/ANSI A17.1,
Chapter XXV).
Comment. Requirements for standard elevators require that the main
entry level be labeled by a tactile star at the hoistway (407.2.3.1).
In the proposed rule, such a requirement was not included for LULA
elevators. Comments suggested that such a requirement be included in
the final rule for consistency.
Response. Requirements for hoistway signs for LULA elevators in
section 408.2.3 have been replaced with a reference to corresponding
requirements for standard elevators in section 407.2.3.1. This
provision includes a requirement for a tactile star at the hoistway of
the main entry level.
The guidelines specify that LULA elevator cars be at least 42
inches wide and 54 inches deep with a door on the narrow end providing
at least 32 inches clear width (408.4.1). In the final rule, the Board
has added alternate dimensions which are substantively consistent with
the latest edition of the ANSI A117.1 standard. These dimensions permit
a car at least 51 inches by 51 inches provided that the door has a
clear width of at least 36 inches (408.4.1, Exception 1).
409 Private Residence Elevators
Residential dwelling units may be equipped with either a LULA
elevator or a private residential elevator instead of a standard
passenger elevator (206.6). Section 409 provides requirements for
private residential elevators, which were located at section 1102.7 in
the proposed rule. In the final rule, call buttons are subject to
requirements in section 309 for operable parts, including clear floor
space (309.2), height (309.3), and operation (309.4) according to
section 409.2. In the proposed rule, they were subject only to
requirements for height. In addition, the Board has applied
requirements for the operation of operable parts (309.4) to controls
(409.4.6) and the operable parts of emergency communication systems
(409.4.7.2). No other substantive changes have been made to this
section.
410 Platform Lifts
Section 410 provides requirements for platform lifts and addresses
floor surfaces, clear floor space, operable parts, and doors and gates.
This section has been updated to reference the new ASME A18.1 Safety
Standard for Platform Lifts and Stairway Chairlifts (410.1). This
standard was under development when the proposed rule was published.
This section has been reformatted and changes made to the
specifications for doors and gates.
Comment. Platform lifts are required to have power-operated doors
or gates. Those with doors or gates on opposing sides generally
facilitate lift use by permitting a forward approach to both entry and
exit doors or gates. As a result, these types of lifts are permitted to
have a manual door or gates. The guidelines specify that manual doors
or gates be ``self-closing'' (410.5, Exception). Comments noted that
since the ASME/ANSI A18.1 standard requires such doors and gates to be
self-closing, the specification in the rule was redundant.
Response. The Board has retained the requirement that manual doors
or gates
[[Page 44124]]
be self-closing (401.5, Exception) for consistency with the new ANSI
A117.1 standard. In addition, the Board has added clarification,
consistent with the ANSI standard, that the exception in section 410.5
does not apply to platform lifts serving more than two landings.
Comment. Commenters stressed that platform lifts should not be key
operated.
Response. Previous editions of the safety code for lifts, not the
Board's guidelines, required platform lifts to be key operated. The
most recent edition of the ASME standard, which the final rule
references, does not contain a requirement for key operation.
Chapter 5: General Site and Building Elements
Chapter 5 provides technical criteria for parking spaces (502),
passenger loading zones (503), stairways (504), and handrails (505).
502 Parking Spaces
Section 502 addresses car parking spaces and van parking spaces.
Substantive changes pertain to the:
Width of spaces, including van spaces, and access aisles
(502.1 and 502.2).
Location of access aisles for angled van spaces (502.3.4).
Identification of van spaces (502.6).
Adjacent accessible routes (502.7).
In the final rule, the Board has clarified how parking spaces and
access aisles are to be measured. Where parking spaces are marked with
lines, the width of parking spaces and access aisles is to be measured
from the centerline of the markings (502.1). However, at spaces or
access aisles not adjacent to another parking space or access aisle,
width measurements are permitted to include the full width of the line
defining the parking space or access aisle (502.1, Exception).
Comment. The proposed rule specified that car and van spaces be at
least 8 feet wide and that access aisles be at least 5 feet wide for
car spaces and at least 8 feet wide for van spaces. These
specifications are consistent with the original ADAAG. However, that
document also recognized an alternative ``universal'' design under
which all spaces are designed to be accessible for vans or cars by
incorporating additional space in the parking space instead of the
access aisle. Under this design, parking spaces are at least 11 feet
wide and access aisles at least 5 feet wide. Commenters requested that
this design be recognized in final rule, at least for the portion of
spaces required to be van accessible. Comments pointed out certain
benefits of the alternative design, such as access aisles that are less
likely to be mistaken for another parking space.
Response. The final rule includes specifications for alternative
van parking spaces based on the ``universal'' design specifications
(502.2). Van spaces are required to be at least 11 feet wide and to
have an access aisle at least 5 feet wide. An exception allows van
spaces to be 8 feet wide where the access aisle is at least 8 feet
wide, which is consistent with the specifications of the proposed rule
and the original ADAAG.
Comment. Requirements for access aisles in section 502.3 address
width, length, marking, and location. Two spaces are permitted to share
an access aisle. The proposed rule, consistent with the original ADAAG,
allowed access aisles to be provided on either side of the parking
space. Many commenters urged the Board to revisit this issue,
particularly with respect to van parking. The lift provided on vans is
typically located on the passenger side. It is important, especially
where front-in only parking is provided, that the access aisle be
located on the passenger side of van spaces.
Response. The Board has included a requirement that where angled
spaces are provided, the access aisle must be located on the passenger
side of van spaces (502.3.4). Otherwise, this provision permits access
aisles to be located on either side of the space since drivers can pull
in or back into spaces as needed.
To harmonize the guidelines with the ANSI A117.1-2003 standard, the
Board has added clarification that access aisles are not permitted to
overlap vehicular ways (502.3.4).
Comment. The proposed rule removed a requirement that the access
designation for van parking include the term ``van accessible'' to
clarify that both car and van drivers can use such spaces, as was the
original intent of ADAAG. Many commenters strongly opposed this change.
While some may have misinterpreted it as removal of the requirement for
van accessible spaces, others considered this designation important in
encouraging car drivers to use other accessible spaces over those
designed to accommodate vans.
Response. The Board has restored the requirement that the
designation of van spaces include the term ``van accessible'' (502.6).
This designation is not intended to restrict the use of spaces to vans
only, but instead to identify those spaces better suited for vans. An
advisory note to this effect is included in the final rule.
Comment. The proposed rule removed language in the original ADAAG
that vehicles parked in accessible spaces not reduce the clear width of
connecting accessible routes. The Board had considered this requirement
redundant in view of specifications for accessible routes in section
402. Many commenters disagreed and urged that such a requirement be
restored in the final rule. Some comments pointed out that the ANSI
A1171.1 standard, like the original ADAAG, specifies that ``parked
vehicle overhangs shall not reduce the clear width of an accessible
route.''
Response. The Board has added a requirement that spaces and access
aisles be designed so that parked vehicles ``cannot obstruct the
required clear width of adjacent accessible routes'' (502.7). A typical
design solution where accessible routes run in front of spaces is the
provision of wheel stops that help prevent encroachment into the
accessible route.
503 Passenger Loading Zones
Few comments addressed the technical requirements for passenger
loading zones, and no substantive changes to them have been made. For
consistency with the ANSI A117.1 standard, the Board has clarified in
the final rule that access aisles required at passenger loading zones
are not permitted to overlap vehicular ways (503.3).
504 Stairways
Section 504 covers stairways, including treads, risers, nosings,
and handrails. This section requires that landings subject to wet
conditions be designed to prevent the accumulation of water (504.7). In
the final rule, the Board has revised this requirement to apply to
stair treads, as well as landings. No other substantive changes have
been made to this section.
505 Handrails
Specifications for handrails in section 505 apply to those provided
at ramps, stairs, and along walking surfaces. Revisions made to this
section concern:
Coverage of handrails provided along walking surfaces
(505.1).
Exceptions for aisle stairs and short ramps (505.2).
Handrails at switchback or dogleg stairs and ramps
(505.3).
Gripping surfaces (505.6 and 505.8).
Extensions (505.10).
Handrails are required along both sides of ramps and stairs. The
Board has included a requirement (403.6) that handrails, where provided
along walking surfaces, comply with section
[[Page 44125]]
505, as discussed above. The term ``walking surfaces'' applies to
portions of accessible routes that are not treated as ramps because the
running slope is less than 1:20. Consistent with this change,
provisions in section 505 have been modified to specifically reference
walking surfaces, including the general charging statement at 505.1.
Walking surfaces are not subject to requirements for handrails on both
sides (505.2) or handrail extensions (505.10).
In the final rule, an exemption from the requirements for
stairways, including handrails, has been included for aisle stairs in
assembly areas (210.1, Exception 3). An exception from the requirement
for handrails on both sides for aisle ramps and aisle stairs has been
revised for consistency. Specifically, the reference to aisle stairs in
this exception has been removed as redundant.
Specifications for ramps require handrails only at ramps with a
rise greater than 6 inches (405.8). Curb ramps are not subject to
handrail requirements. The Board has removed as redundant an exception
in the handrail section for ramps with a rise of 6 inches maximum
(505.2, Exception 2).
The guidelines require handrails to be continuous within the full
length of stair flights and ramp runs (505.3). The Board has added
clarification, consistent with the original ADAAG, that the inside
handrail at switchback or dogleg stairs and ramps be continuous. This
change was made for consistency with the ANSI A117.1 standard.
Comment. The proposed rule specified that gripping surfaces be
continuous and unobstructed by elements, including newel posts (505.6).
An exception permitted brackets and balusters attached to the bottom of
a handrail provided they did not obstruct more than 20% of the handrail
length, their horizontal projection was at least 2\1/2\ inches from the
bottom of the handrail, and their edges had a radius of at least \1/8\
inch. Comments from the handrail industry, including manufacturers,
trade associations, and others, indicated that these stipulations would
effectively prohibit many common fabrication methods and would be
unduly costly and burdensome on the industry while promising limited
access benefits. Specifically, these comments indicated that many
materials currently used will not meet the minimum \1/8\ inch radius
specifications. In addition, commenters claimed many current mounting
brackets do not meet the 2\1/2\ inch minimum requirement for horizontal
projections below the handrail, which is inconsistent with the 1\1/2\
inch minimum specified by model building codes. They also would
preclude use of panels below handrails, which have become popular in
meeting code requirements that prohibit openings in railings through
which a 4 inch sphere can pass. Manufacturers stated that they have not
received complaints about sharp edges and that some railing cross
sections have been used for many years without injury. Opposing
comments referred to ergonomic studies which support a 2\1/4\ inch
clearance below the handrail.
Response. The Board has revised some of the specifications for
gripping surfaces in section 505.6 in order to accommodate a wider
range of handrail materials and designs. The revised provisions
prohibit obstructions on the top and sides of handrails, while the
bottom may be obstructed up to 20% of the handrail length. This is
generally consistent with the proposed rule. The Board believes that
such a requirement will still permit popular designs such as panels
under handrails so long as they are not directly connected to the
entire length of the bottom of the handrail gripping surface. The
requirement that horizontal projections occur 2\1/2\ inches minimum
below the bottom of gripping surfaces has been changed to 1\1/2\
inches, consistent with model building codes and industry practice. In
addition, the Board has added an exception for handrails along walking
surfaces that permits obstructions along the entire bottom length that
are integral to crash rails and bumper guards (505.6, Exception 1).
Another exception, consistent with the ANSI A117.1-2003 standard and
recommended by a comment to the draft of the final guidelines, allows
the distance between horizontal projections and the gripping surface
bottom to be reduced by \1/8\ inch for each \1/2\ inch of additional
handrail perimeter dimension exceeding 4 inches (505.6, Exception 2). A
requirement that bracket or baluster edges have a radius of \1/8\ inch
minimum has been removed. A similar specification for handrail surface
edges in section 505.8 has been replaced with a requirement for
``rounded edges.''
Comment. Handrail extensions are required at the top and bottom of
stairs. In the proposed rule, bottom extensions were required to extend
one tread depth beyond the last riser nosing and an additional 12
inches (505.10.3). Comments advised that the requirement for the
additional 12 inch segment should be removed, consistent with the ANSI
A117.1 standard. Some comments also questioned the need for this
segment at the bottom of stairs.
Response. The Board has removed the requirement that handrails
extend an additional 12 inches at the bottom of stairs.
Chapter 6: Plumbing Elements and Facilities
Chapter 6 provides criteria for drinking fountains (602), toilet
and bathing rooms (603), water closets and toilet compartments (604),
urinals (605), lavatories and sinks (606), bathtubs (607), shower
compartments (608), grab bars (609), tub and shower seats (610),
laundry equipment (611), and saunas and steam rooms (612). Alternate
specifications are provided for plumbing elements designed for
children's use as exceptions to requirements based on adult dimensions.
These exceptions address drinking fountains, water closets, toilet
compartments, lavatories and sinks.
602 Drinking Fountains
Specifications for drinking fountains in section 602 address access
for people who use wheelchairs (602.2 through 602.6) and for people who
do not, but who may have difficulty bending or stooping (602.7).
Substantive changes to this section include:
Removal of references to water coolers (602.1).
Requiring all wheelchair accessible drinking fountains to
provide knee and toe clearance for a forward approach (602.2).
Lowering the minimum height of drinking fountains for
standing persons (602.7).
Comment. The proposed rule, consistent with the original ADAAG,
addressed both drinking fountains and water coolers. Comments advised
that the guidelines should not address ``water coolers,'' a term which
is often used to refer to bottled units that are not plumbed or
permanently fixed.
Response. The Board has removed the references to ``water coolers''
in section 602.1 for clarity and consistency with the scope of the
guidelines.
Comment. For wheelchair access, the proposed rule required a
forward approach at cantilevered units but allowed a parallel approach
at other types of units, such as those that are floor mounted. A
forward approach provides easier access than a parallel approach for
people using wheelchairs. The Board sought comment on whether it should
require a forward approach, which includes knee and toe clearances
below the unit, at all wheelchair accessible drinking fountains
(Question 24). Commenters overwhelmingly supported such a requirement
as more appropriate for wheelchair access.
Response. The Board has revised the rule to require a clear floor
space for a
[[Page 44126]]
forward approach at all wheelchair accessible drinking fountains
(602.2). Corresponding changes have been made to the specifications for
spout location (602.5). An existing exception for units designed
specifically for children's use permits a parallel approach if certain
criteria for spout height and location are met.
Comment. The proposed rule required spouts to provide a flow of
water at least 4 inches high ``to allow the insertion of a cup or
glass.'' A comment noted that the rationale for this specification is
not needed in the text of the requirement and might be misinterpreted
as allowing cup dispensers as an alternative to accessible units.
Response. Language concerning the insertion of cups has been
removed as unnecessary to the water flow specification. The minimum 4
inch height is intended to allow use of cups for persons who may need
to use them. However, providing cup dispensers as an alternative to a
compliant unit is not recognized by these guidelines in new
construction or alterations.
Comment. Specifications for drinking fountains for standing persons
address the height of the spout outlet (602.7). The proposed rule
required a height of 39 to 43 inches above the floor or ground, a range
that derives from the standard height of models on the market. A
drinking fountain manufacturer requested that the minimum height be
changed from 39 to 38 inches, consistent with referenced ergonomic
data. This commenter advised that a 38 inch height will accommodate
units that are intended to serve both adults and children.
Response. The minimum height for the spout outlet of units designed
for use by standing persons has been lowered from 39 to 38 inches.
603 Toilet and Bathing Rooms
Section 603 covers toilet and bathing rooms and includes
requirements for clear floor space, wheelchair turning space, permitted
overlaps of various space requirements, and doors. Doors are not
permitted to swing into clear floor space or clearance required for any
fixture except under certain conditions (603.2.3). The Board has added
clarification to this requirement, previously located in an advisory
note, that doors are permitted to swing into the required wheelchair
turning space.
The guidelines specify that accessible mirrors be mounted so that
the bottom edge of the reflecting surface is no higher than 40 inches
(603.3). The ANSI A117.1-2003 standard contains a new requirement that
specifies a height of 35 inches maximum for accessible mirrors not
located above a lavatory or countertop. This specification was adopted
to accommodate persons of short stature. The Board has included a
similar requirement in the final rule.
604 Water Closets and Toilet Compartments
Section 604 addresses access to water closets and toilet
compartments. Revisions to the requirements for water closets concern:
Location (604.2).
Clearance (604.3).
Grab bars (604.5).
Flush controls (604.6).
Dispensers (604.7).
Toilet compartments (604.8), including those designed for
children's use (604.9).
In addition, provisions specific to water closets in residential
dwelling units that were located in Chapter 11 in the proposed rule
have been incorporated into this section. These include requirements
for space at water closets (604.3), seat height (604.4), and grab bars
(604.5).
Water closets are to be located so that the centerline is 16 to 18
inches from the side wall compartment partition (604.2). Water closets
can be located so that this dimension is met on either the left side or
the right side of the fixture. The Board has added clarification in the
final rule that water closets shall be arranged for a left-hand or a
right-hand approach. The proposed rule specified that water closets in
ambulatory accessible stalls (which are required to be 36 inches wide)
be ``centered.'' In the final rule, the Board has revised this
provision to recognize a range (17 to 19 inches) for the centered
location that is consistent in scope (2 inches) with the specification
for water closets in wheelchair accessible compartments. A
corresponding change has been made to the provisions for water closets
designed for children's use (604.9.1).
Comment. Clearance requirements for water closets are covered in
section 604.3. The proposed rule stated that no fixtures (other than
the water closet) or obstructions were to be located within the clear
floor space (604.3.1). Comments noted that this seemed to contradict a
subsequent provision that allowed grab bars and dispensers to overlap
this space (604.3.2).
Response. Language prohibiting fixtures and obstructions within the
required clearances in section 604.3.1 has been removed. Section
604.3.2 recognizes those elements that are permitted to overlap this
clearance.
Comment. The proposed rule identified certain elements that could
overlap the clear floor space at water closets: associated grab bars,
tissue dispensers, accessible routes, clear floor space at other
fixtures, and wheelchair turning space (604.3.2). Commenters advised
that other elements, such as coat hooks should be included, as well as
other types of dispensers, such as those for toilet seat covers. In
addition, the new ANSI A117.1 standard includes a reference to sanitary
napkin disposal units.
Response. In the list of elements permitted to overlap water closet
clearances, the Board has added references to ``dispensers,''
``sanitary napkin disposal units,'' ``coat hooks,'' and ``shelves''
(604.3.2).
Comment. Water closets not in compartments require clearance that
is at least 60 inches wide and 56 inches deep. Many comments urged the
Board to increase this depth so that at least 48 inches is provided in
front of the water closet. Others recommended an overall depth of 78
inches.
Response. The Board has not revised the minimum dimensions for the
clear floor space at water closets. Other criteria for toilet rooms,
including turning space, maneuvering space at doors, and clearances at
other fixtures, typically results in additional clearance at water
closets not in compartments. The 48 inch specification measured from
the leading edge of the water closet is derived from the ANSI A117.1-
1992 standard. That specification was removed from the 1998 edition of
the ANSI standard because it was extremely difficult to enforce due to
the varying installation styles and sizes of water closets. However,
the Board has revised the specified depth in residential dwelling units
where lavatories are permitted to overlap the space aside water
closets.
Other fixtures, such as lavatories, generally are not permitted to
overlap the clearance required at water closets. However, in
residential dwelling units, an accessible lavatory adjacent to water
closets can overlap this space (18 inches minimum from the water closet
centerline) if additional space is provided in front of the water
closet. Specifically, the depth of the clearance must be at least 66
inches instead of 56 inches (604.3.2, Exception). The proposed rule
required this additional space in front of the fixture where only a
forward approach to the water closet is provided (1102.11.5.2). It did
not require additional space where a side approach to the water closet
is provided. Locating lavatories outside the specified water closet
clearance allows more options in the approach and transfer to water
closets. The overlap of an adjacent lavatory
[[Page 44127]]
effectively precludes side transfers to the water closet. The Board
believes that additional space where lavatories overlap water closet
clearances can be beneficial regardless of the approach direction. In
the final rule, the 66 inch minimum depth applies whether a forward or
a parallel approach to the water closet is provided. The proposed rule
also allowed a minimum width for the clearance of 48 inches instead of
60 inches where a lavatory overlaps the space, regardless of the
approach (1102.11.5.2). In effect, however, space at least 60 inches
wide is needed in meeting other requirements, such as the clear floor
space required at the adjacent lavatory and wheelchair turning space.
Consequently, the Board has removed the 48 inch specification in the
final rule.
Specifications for grab bars are addressed in section 604.5. Grab
bars are required on one side wall and the rear wall. Exceptions from
this requirement are provided for residential dwelling units, where
grab bars can be installed later so long as the proper reinforcement is
installed in walls as part of design and construction (Exception 2),
and for holding or housing cells specially designed without protrusions
for purposes of suicide prevention (Exception 3). In the proposed rule,
these exceptions were located in the chapter on residential dwelling
units (1102.11.5.4) and the scoping section for detention and
correctional facilities (233.3).
Comment. The proposed rule specified that the rear grab bar be 24
inches long minimum, centered on the water closet, or at least 36
inches long ``where wall space permits'' (604.5.2). Commenters
considered this provision confusing and requested clarification on
where the 24 inches would be permitted. Some comments urged removal of
the 24 inches specification.
Response. The proposed rule included provisions that make clear
floor space requirements at water closets more stringent by not
allowing other fixtures, such as lavatories to overlap the space.
Saving space by locating a lavatory closer to the water closet on the
same plumbing wall could only be accomplished by recessing the lavatory
so that it does not overlap the clear floor space at the water closet.
A grab bar 36 inches long would limit the amount of space saved in
recessing an adjacent lavatory. For clarity, the Board has revised this
allowance as an exception. In the final rule, section 604.5.2 requires
the rear grab bar to be 36 inches long minimum. An exception allows a
24 inch long minimum grab bar, centered on the water closet, ``where
wall space does not permit a length 36 inches minimum due to the
location of a recessed fixture adjacent to the water closet'' (604.5.2,
Exception 1).
Comment. Section 604.6 covers flush controls, which must be hand
operated or automatic. Hand operated types are subject to requirements
for operable parts, including reach ranges, addressed in section 309.
The original ADAAG specified that the controls be located on the wide
side of the water closet. Comments requested that this specification be
restored since controls on the wide side of water closets are easier to
access.
Response. The final rule includes a requirement that ``flush
controls shall be located on the open side of the water closet except
in ambulatory accessible compartments' (604.6).
Comment. Requirements for toilet paper dispensers in section 604.7
include specifications for height. They must be mounted at least 1\1/2\
inches below grab bars or, according to the proposed rule, at least 12
inches above. Commenters noted that the 12 inch minimum was
inconsistent with provisions for grab bars in section 609 which specify
a minimum clearance of 15 inches between grab bars and protruding
objects above them (609.2). Some commenters felt that toilet paper
dispensers should not be allowed above grab bars in any case since the
large roll type, which often cannot fit below grab bars, compromise the
usability of the grab bar.
Response. In the final rule, the specified clearance between grab
bars and dispensers mounted above them has been revised for consistency
with the grab bar specifications in section 609. Specifications in
section 604.7 concerning this clearance have been removed since the
required clearance between dispensers and grab bars is adequately
covered in section 609, which, as revised, requires a minimum clearance
of 12 inches above grab bars and a minimum clearance of 1\1/2\ inches
below grab bars (609.3). This may effectively preclude some dispensers
from being located above grab bars in view of the minimum mounting
height of grab bars (33 inches, measured to the top of the gripping
surface) and the maximum height for the dispenser outlet (48 inches).
Since some dispensers may be recessed, the Board has added
clarification in section 604.7 that dispensers cannot be located behind
grab bars.
Section 604.8 provides requirements for wheelchair accessible
compartments and those that are designed to accommodate persons with
disabilities who are ambulatory.
Comment. Commenters noted that baby changing tables should not be
permitted in accessible compartments since they can interfere with
access. On the other hand, some comments advised that baby changing
tables need to be accessible.
Response. The specified dimensions of toilet compartments provide
the minimum amount of space necessary for wheelchair maneuvering into
the compartment, positioning at the fixture, and exit from the
compartment. Certain elements are permitted to overlap space at water
closets, such as grab bars, paper dispensers, and coat hooks (604.3.2).
Other elements, including baby changing tables, are not allowed to
overlap the minimum amount of space required in compartments. Where
such elements are provided in accessible compartments, they must be
located outside the minimum space dimensions (when folded up in the
case of baby changing tables). In addition, convenience fixtures, such
as baby changing tables, must be accessible to persons with
disabilities under scoping provisions for operable parts (205) and work
surfaces (226). This information is provided in the final rule in an
advisory note at section 604.8.1.1.
Comment. Specifications are provided for doors, including their
location. The proposed rule specified the location of doors in the
front partition, which were required to be hinged 4 inches from the
side wall or partition farthest from the water closet (604.8.1.2).
Comments suggested that an alternate location in the side partition
farthest from the water closet should be allowed, consistent with the
original ADAAG. Commenters also pointed out that the specified location
should refer to the door opening, instead of the hinge.
Response. Specifications for the location of compartment doors in
side partitions are included in the final rule, consistent with the
original ADAAG. The specified location in either front and side
locations has been revised to apply to the door opening, instead of the
hinge.
Comment. The proposed rule referred to ambulatory accessible
compartments as ``non-wheelchair accessible'' compartments. Commenters
considered this term confusing since it also encompasses inaccessible
compartments. Preference was expressed for ``ambulatory accessible''
compartments, the term used by the advisory committee.
Response. The term ``non-wheelchair accessible'' compartments has
been replaced with ``ambulatory accessible'' compartments.
[[Page 44128]]
Ambulatory accessible compartments were specified to be 36 inches
wide absolute in the proposed rule, consistent with the original ADAAG.
Throughout the new guidelines, the Board has sought to specify
dimensions as a range instead of in absolute terms where practicable to
facilitate compliance without compromising accessibility. The width of
ambulatory compartments is specified to ensure that the grab bars
required on both sides are simultaneously within reach. In the final
rule, the Board has replaced the 36 inch wide specification with a
range of 35 to 37 inches.
Section 604.9 provides specifications for water closets designed
for children's use. In the proposed rule, this section included
criteria for wheelchair accessible compartments. In the final rule,
requirements have been integrated in the section covering wheelchair
accessible compartments for adults (604.8.1) to reduce redundancy.
605 Urinals
Section 604.5 provides criteria for accessible urinals, including
the height and depth, clear floor space, and flush controls.
Comment. In the proposed rule, the Board sought to clarify the
requirement in the original ADAAG that accessible urinals have an
``elongated'' rim by specifying a minimum dimension of 13\1/2\ inches,
measured from the outer face of the urinal rim to the back of the
fixture (605.2). Comments were evenly divided on this new
specification.
Response. The Board has retained the minimum depth specification
without modification. However, in the final rule scoping for accessible
urinals has been revised to apply only where more than one urinal is
provided in a toilet or bathing room (213.3.3).
Requirements for urinal flush controls are provided in section
605.4. The proposed rule specified a maximum height of 44 inches (the
maximum height for obstructed forward reaches). In the final rule, this
requirement has been revised to reference section 309 which provides
specifications for operable parts, including accessible reach ranges.
This change is consistent with the ANSI A117.1-2003 standard.
606 Lavatories and Sinks
Section 606 provides technical criteria for lavatories and sinks.
Various scoping and technical provisions invoke these requirements for
lavatories in toilet and bathing facilities and for sinks provided in
dwelling unit kitchens, kitchenettes in transient lodging guest rooms,
and other spaces, such as break rooms. Revisions made to this section
include:
Clarifying the scope of this section (606.1).
Adding a new exception that allows a parallel approach at
kitchen sinks in spaces where a cook top or conventional range is not
provided (606.2, Exception 1).
Clarifying coverage of metering faucets (606.4).
In addition, allowances specific to lavatories and kitchen sinks in
residential dwelling units have been relocated to this section from
Chapter 11. These specifications concern clear floor space requirements
(606.2, Exception 3) and heights (606.3, Exception 2).
Comment. The proposed rule included references to ``lavatory
fixtures'' and to ``vanities.'' Commenters indicated that such
references were redundant or inaccurate and should be removed.
Response. References to ``lavatory fixtures'' and ``vanities'' have
been removed in the final rule (606.1).
Accessible lavatories and sinks must provide knee and toe clearance
for a forward approach (606.2). Consistent with the proposed rule,
exceptions from the requirement for forward approach clearances are
provided for certain types of spaces and fixtures, such as single-user
toilet or bathing facilities accessed only through a private office
(Exception 2), lavatories and kitchen sinks in residential dwelling
units provided certain conditions to facilitate retrofit for a forward
approach are met (Exception 3), and fixtures designed specifically for
children 5 years and younger (Exception 5).
Comment. Commenters recommended that a parallel approach should be
allowed at kitchen sinks in spaces without a cook top or conventional
range, consistent with the ANSI A117.1 standard. Several comments
considered a parallel approach to be appropriate at kitchenette sinks
in transient lodging guest rooms, consistent with the original ADAAG,
and sinks in employee break rooms, since such fixtures are typically
used for limited purposes or durations.
Response. The final rule includes an exception, consistent with the
ANSI A117.1 standard, that allows a complying parallel approach to
kitchen sinks in spaces where a cook top or conventional range is not
provided (606.2, Exception 1). This exception also applies to wet bars.
Comment. Faucets, including hand-operated metering faucets, must
remain open for at least 10 seconds (606.4). The proposed rule referred
to these as ``self-closing'' faucets. Commenters indicated that
``metering'' is a descriptor that is more accurate and consistent with
plumbing codes.
Response. The reference to ``self-closing'' faucets has been
replaced with ``metering'' faucets in the final rule.
607 Bathtubs
Specifications for bathtubs in section 607 address clear floor
space, seats, grab bars, operable parts, shower spray units, and
enclosures. Changes made to this section include:
Revision of grab bar mounting heights (607.4).
Integration of provisions for grab bars specific to
residential dwelling units that were located in Chapter 11 (607.4,
Exception 2).
Revision of specifications for shower spray units and
water temperature (607.6).
Two parallel grab bars are required on the back wall of bathtubs
with seats (607.4.1.1) and without seats (607.4.2.1). The proposed
rule, consistent with the original ADAAG, specified that the lower grab
bar be located 9 inches absolute above the bathtub rim. In finalizing
this rule, the Board has sought to specify dimensions as a range
instead of in absolute terms where possible to facilitate compliance
without compromising accessibility. With respect to the lower grab bar
at bathtubs, the specified mounting height has been changed to a range
of 8 inches minimum to 10 inches maximum above the rim of the bathtub.
Comment. The guidelines require tubs to have shower spray units
that can be used as both a fixed-position shower head and a hand-held
shower (607.6). In the proposed rule, the Board included a requirement
that shower spray units have a water on/off control for greater access.
It was also specified that units deliver water that is thermal shock
protected to 120 degrees. Comments from persons with disabilities
strongly supported the requirement for the on/off control. However,
comments from the plumbing industry indicated that the requirement, as
worded, would pose cross connections and thermal shock hazards and
would conflict with model codes and industry standards. Comments also
noted that delivered water should be ``temperature limited'' to the
specified maximum (120 degrees) for consistency with American Society
of Safety Engineers (ASSE) standards.
Response. In response to concerns raised about the on/off control
for spray units the Board has modified this requirement to include an
on/off control ``with a non-positive shut-off.'' This will prevent
cross connections and does not conflict with plumbing codes. In
[[Page 44129]]
addition, while the phrase ``temperature limited'' was not deemed
necessary, the specification for water temperature has been revised to
require that delivered water be 120 degrees maximum for consistency
with ASSE standards. Corresponding revisions have been made to similar
requirements for shower compartments (608.6).
608 Shower Compartments
Section 608 addresses transfer showers and roll-in showers and
provides specifications for size and clearances, grab bars, seats,
operable parts, shower spray units, thresholds, and enclosures.
Revisions made to this section address:
Clearance requirements for roll-in showers (608.2.2).
Alternate roll-in showers (608.2.3).
Shower seats (608.4).
The location and operation of controls, faucets, and spray
units (608.5).
Shower spray units and water temperature (608.6.)
A new exception for fixed shower heads (608.6).
Thresholds (608.7).
In addition, provisions specific to showers in residential dwelling
units that were located in Chapter 11 have been incorporated into this
section. These provisions concern grab bars (608.3, Exception 2) and
shower seats (608.4, Exception).
Comment. Specifications for roll-in shower compartments indicate
that an accessible lavatory can overlap the required clear floor space
opposite the end with a seat and shower controls (608.2.2). Comments
recommended that this provision be revised to recognize that a seat may
not always be located in a roll-in shower.
Response. The Board has clarified that accessible lavatories are
permitted to overlap clear floor space ``opposite the shower
compartment side where shower controls are positioned or where a seat
is positioned'' (608.2.2.1, Exception). Clarification is also provided
that lavatories can be provided at either end of the space at roll-in
showers without seats where controls are mounted on the back wall.
Comment. Specifications are provided for alternate roll-in showers,
including their size and the location of entries (608.2.3). Comments
indicated that this provision should be more specific in detailing the
design illustrated (Figure 608.2.3).
Response. More detail is provided in the final rule for the
configuration of alternate roll-in type showers consistent with the
intent of the proposed rule. The revised language clarifies the
location of the entry at the end of the long side of the compartment
(608.2.3).
Comment. Seats are required in transfer compartments and roll-in
showers in transient lodging guest rooms (608.4). The proposed rule
indicated that transfer compartments may have ``attachable or integral
seats,'' while folding seats were specified for roll-in showers
provided in transient lodging guest rooms.
Response. The Board has revised the rule to permit ``folding or
non-folding'' seats in transfer compartments. A certain portion of
accessible guest rooms are required to have bathrooms with roll-in
showers (224.2). The requirement for folding seats has been revised to
apply only to those roll-in showers ``required'' in transient lodging
guest rooms. For example, a hotel with 100 guest rooms would be
required to have at least 5 guest rooms that are accessible, one of
which would have to provide a roll-in shower; the shower provided in
this room would be required to have a folding seat, while the other 4
rooms could be equipped with either tubs, transfer showers, roll-in
showers with or without seats, or some combination thereof.
Comment. In transfer compartments, controls, faucets, and shower
spray units were to be located no more than 15 inches on either side of
the seat centerline, according to the proposed rule (608.5.1). Comments
indicated that this specification was not consistent with a
corresponding figure showing the location on the side closest to the
shower opening.
Response. The final rule has been revised to require that controls
and operable parts be located 15 inches maximum from the centerline of
the seat toward the shower opening. This is consistent with the intent
of the specification so that users can activate the controls before
entering the shower.
Specifications for controls, faucets, and shower spray units for
alternate roll-in showers are provided in section 608.5.3. In the final
rule, the Board has clarified these specifications and provided more
detail on their location depending on whether the shower is equipped
with a seat. In addition, the final rule allows shower controls,
faucets, and shower spray units to be located on the wall adjacent to
the seat, as proposed, or on the back wall opposite the seat. These
revisions are consistent with similar clarifications in the latest
edition of ANSI A117.1 standard.
Showers, like bathtubs, are required to be equipped with movable
shower spray units that can be used as a fixed-position shower head and
a hand-held shower (608.6). Specifications have been revised in the
final rule, consistent with similar requirements for bathtubs, in
response to concerns raised by commenters about the on/off control and
water temperature as specified in the proposed rule, discussed above at
section 607.6.
Comment. The original ADAAG allowed fixed shower heads 48 inches
high maximum to be used instead of the required hand-held unit in
``unmonitored facilities where vandalism is a consideration.'' This
exception had been removed in the proposed rule due to a lack of
clarity on the types of facilities that qualify for this exception.
Commenters urged the Board to retain this exception due to problems
with vandalism which would increase maintenance at accessible transfer
showers.
Response. The final rule includes an exception permitting a fixed
shower head in certain facilities (608.6, Exception). The Board has
limited this exception so that it does not apply to facilities where
vandalism is less likely to occur because the use of bathing facilities
is controlled or because incidents of vandalism are traceable. These
include bathing facilities in medical care facilities, long term care
facilities, transient lodging guest rooms, and residential dwelling
units.
Comment. The proposed rule specified a maximum threshold height of
\1/2\ inch, provided that those greater than \1/4\ inch are beveled
with a slope of 1:2 maximum (608.7). This provision applied to roll-in
showers and to transfer showers. Commenters recommended that a higher
threshold be permitted for transfer showers since wheelchair
maneuvering over the threshold is not necessary in using the shower.
Response. The Board retained the \1/2\-inch threshold height since
positioning for transfer to the seat of transfer showers can be aided
where a close approach enables footrests to clear the threshold.
However, the Board has revised the specification to allow thresholds at
transfer compartments to be vertical or rounded instead of beveled. In
addition, the Board has provided an exception for existing facilities
to address situations where meeting the maximum threshold height, which
is typically achieved by recessing shower pans into the floor, is
difficult, if not infeasible, due to certain floor slabs. The final
rule includes an exception that permits a threshold up to 2 inches high
at transfer showers in existing facilities where providing a \1/2\-inch
threshold would disturb the
[[Page 44130]]
structural reinforcement of the floor slab (608.7, Exception).
609 Grab Bars
Section 609 covers grab bars at water closets, bathtubs, and
showers. Specifications address size, spacing, position, surfaces,
fittings, and structural strength. Changes to this section address:
Cross section specifications (609.2).
Spacing (609.3).
Location (609.4).
Surface hazards (609.5).
The proposed rule specified 1\1/4\ to 1\1/2\ circular cross
sections. Non-circular cross sections were to have maximum cross
section dimensions of 2 inches, a perimeter dimension between 4 and
4\11/16\ inches, and edges with a \1/8\-inch minimum radius. For
consistency with specifications for handrails, the Board has revised
requirements for size (609.2) and spacing (609.3). In the final rule,
the maximum circular cross section has been changed from 1\1/2\ inches
to 2 inches. Edges must be rounded, and the requirement that edges have
a \1/8\-inch minimum radius (609.2 in the proposed rule) has been
removed. The Board has clarified that the space between grab bars and
projecting objects below and at the ends shall be 1\1/2\ inches
minimum, consistent with criteria for water closets, tubs, and showers
(609.3). In addition, the minimum clearance between grab bars and
protruding objects above has been changed from 15 inches to 12 inches
(609.3), consistent with specifications for toilet paper dispensers
included in the proposed rule (604.7) and the ANSI A117.1-2003
standard.
Comment. Commenters pointed out the proposed rule was not clear on
whether the height of grab bars was to be measured to the top or to the
centerline.
Response. The Board has clarified that the height of grab bars is
measured to the top of the gripping surface (609.4).
610 Seats
Requirements for bathtub and shower seats are provided in section
610.
Comment. Specifications are provided for rectangular and L-shaped
shower seats (610.3). The Board sought comment on whether one shape is
more usable and accessible than the other (Question 25). Comments were
evenly divided in supporting one design over the other. Some comments
supported both designs or indicated that there was little difference in
access or usability between the two.
Response. No changes have been made to the specifications for
shower seats. Either rectangular or L-shaped seats may be provided in
transfer and roll-in showers.
The guidelines specify the location of seats in tubs, transfer-type
showers, and roll-in showers. In the final guidelines, the Board has
clarified the location of seats in roll-in showers and alternate roll-
in type showers. These changes are consistent with revisions to the
placement of shower controls and spray units in alternate roll-in
shower stalls (605.8.3).
611 Washing Machines and Clothes Dryers
Section 611 covers washing machines and clothes dryers and provides
specifications for clear floor space, operable parts, and height.
Comment. The proposed rule required the door of top loading
machines and the door opening of front loading machines to be 34 inches
maximum above the floor (611.4). This dimension stems from
specifications for obstructed side reaches (308.3). Laundry machine
manufacturers stated that this specification is inconsistent with
standard industry design, which allows a 36-inch height. Commenters
indicated that compliance with the proposed specification would reduce
machine capacity and would be difficult to achieve.
Response. The Board has revised the maximum height for doors on top
loading machines and the door opening of front loading machines from 34
inches to 36 inches (611.4).
612 Saunas and Steam Rooms
Section 612 provides requirements for saunas and steam rooms and
includes requirements for benches and turning space. This section
derives from the guidelines the Board developed for recreation
facilities and has been included in the final rule without substantive
change.
Chapter 7: Communication Elements and Features
Chapter 7 covers communication elements and features, including
fire alarm systems (702), signs (703), telephones (704), detectable
warnings (705), assistive listening systems (706), automatic teller
machines and fare machines (707), and two-way communication systems
(708).
702 Fire Alarm Systems
The proposed rule provided detailed specifications for the audible
and visual characteristics of fire alarm systems, including the sound
level and the color, intensity, flash rate, location, and dispersion of
visual appliances. Through coordination with the National Fire
Protection Association (NFPA) and ANSI, which were represented on the
ADAAG Review Advisory Committee, the proposed criteria were virtually
identical to updated requirements in the NFPA 72 (1996) and the ANSI
A117.1 standards. However, the Board had proposed a lower maximum sound
level for audible alarms (110 decibels instead of 120 decibels) as more
appropriate and to guard against tinnitus.
Comment. Comments from the codes community and designers urged the
Board to reference the NFPA alarm criteria for purposes of consistency
and simplicity, instead of restating very similar requirements in the
guidelines.
Response. Since the technical provisions in the proposed rule were
substantively identical to the NFPA 72, except for the maximum sound
level, the Board has replaced the technical requirements for fire alarm
systems with a requirement that such systems comply with NFPA 72,
Chapter 4 (702.1). However, the Board has retained the specification
that the maximum sound level of audible notification appliances be 110
decibels, as well as an exception for medical care facilities that
permits fire alarm systems to be provided in accordance with industry
practice. In addition, the Board has clarified that compliant fire
alarm systems must be ``permanently installed.'' The Board is not aware
of portable systems currently available that meet the referenced NFPA
specifications. Information on the referenced NFPA requirements for
fire alarm systems is posted on the Board's Web site at www.access-
board.gov and in advisory notes.
Comment. Commenters supported limiting the sound level to 110
decibels, as proposed. However, some commenters noted that this did not
conform with the maximum of 120 decibels specified in NFPA 72.
Response. The Board has retained the 110 decibel specification as
more appropriate, which, as a lower maximum, does not contradict the
NFPA 72. In the final rule, the Board has clarified that the maximum
sound level applies to the ``minimum hearing distance from the audible
appliance,'' which is consistent with the NFPA 72.
Comment. In the proposed rule, the Board sought comment on whether
the frequency of audible alarms should be addressed and requested
information on the optimal frequency range for people who are hard of
hearing along with any available supporting data (Question 26). Most
commenters favored a specified frequency range but few provided
information, including supporting data, on what the range should be.
[[Page 44131]]
Response. The Board has not included in the final rule a
specification for the frequency of audible alarms.
703 Signs
Requirements for signs provide specifications for raised characters
(703.2), braille characters (703.3), the height and location of signs
with tactile characters (703.4), visual characters (703.5), pictograms
(703.6), and symbols of accessibility (703.7). This section has been
reorganized and simplified in the final rule. Substantive changes
include:
Reorganizing and simplifying criteria for signs required
to provide both tactile and visual access (703.2).
Revising specifications for raised characters that cover
height (703.2.5), stroke thickness (703.2.6), and spacing (703.2.7).
Modifying specifications for braille (703.3 and 703.4.1).
Recognizing elevator car controls in specifications for
the height of visual characters (703.5.6).
Revising the location of text descriptors of pictograms
(703.6.3).
Scoping requirements for signs in section 216 cover room
designations, which are required to be tactile, and directional and
informational signs which are not required to be tactile but must meet
requirements for visual access. The proposed rule specified that
tactile signs, where required, meet specifications for both tactile and
visual characteristics. The proposed rule also applied specifications
based on whether the requirements were met with one sign or separately
through two signs. There were some differences between the requirements
for combined tactile-visual signs and those provided separately, which
represented slight compromises in the desired level considered
necessary for signs providing both tactile and visual access. The
proposed rule provided criteria where characters are both tactile and
visual (703.2) and criteria for tactile characters (703.3) and visual
characters (703.4) that are provided separately.
Comment. Commenters considered the section on signs to be unduly
complex and redundant and urged the Board to simplify the signage
criteria.
Response. The repetition and complexity of the signage section
stemmed from detailing requirements separately for signs where one set
of character forms meet the tactile and visual specifications and for
signs where such criteria are met separately through two set of
character forms. Many of the specifications were the same for both
types of signs. In the final rule, the Board has simplified the section
and removed repetitive specifications while preserving most of the
substance of the requirements as proposed. As reorganized, signs
required to provide tactile and visual access must meet criteria for
tactile characters (703.2), braille (703.3), mounting height and
location (703.4), and visual characters (703.5). However, where access
is provided through one set of characters, not all the requirements for
visual access must be met. This is clarified in an exception which,
consistent with the proposed rule, applies only the specifications for
finish and contrast to tactile characters that are also visual (703.5,
Exception).
Specifications for raised characters in section 703.2 address the
depth, case, style or font type, character proportion and height,
stroke thickness, and character and line spacing. The proposed rule,
consistent with the original ADAAG, specified a character height
between \5/8\ inch and 2 inches. However, the proposed rule provided a
tighter specification (\1/2\ to \3/4\ inch) for raised characters on
signs where visual access is provided on a separate sign face because
it is believed that smaller characters can be easier to read tactually.
Since the specification for combination signs acknowledges that 2 inch
characters are readable tactually, setting a different maximum seems
unnecessary. The final rule retains the specified range of \5/8\ to 2
inches, but an exception allows a \1/2\-inch minimum where the same
information is provided separately on a visual sign (703.2.5).
In the proposed rule, specifications for stroke thickness were
based on the type of character cross section on signs providing both
tactile and visual access (703.2.3.5). For characters with rectangular
cross sections, a stroke thickness of 10% to 15% of the character
height was specified (based on the uppercase ``I''). For those with
non-rectangular cross sections, the stroke thickness was specified to
be 15% maximum of the character height (measured at the top of the
cross section) and 10% to 30% (measured at the base). Where tactile and
visual characters are provided on separate signs, the proposed rule
specified that the stroke thickness of tactile characters be no greater
than 15% of the character height (703.3.2.5).
Comment. Comments, including those from the signage industry,
considered the specification based on the type of cross section to be
unnecessarily complicated. Some comments pointed out that measurement
and tactile reading of characters occur at the face, regardless of the
cross section shape. Distinctions based on the cross section may be
difficult to distinguish and enforce with respect to characters that
are raised \1/32\ inch, according to commenters. They advised that a
single specification would facilitate compliance while having little
effect on access.
Response. The Board has simplified the requirement for stroke
thickness by relying solely on the specification that was included in
the proposed rule for signs with tactile characters only. This
specification requires a stroke thickness that is 15% of the character
height (based on an uppercase ``I''), regardless of the type of cross
section (703.2.6).
As with stroke thickness, the proposed rule specified character
spacing based on the type of cross section where signs provide both
tactile and visual characters (703.2.4). A space of \1/8\ inch to \3/8\
inch was specified for characters with rectangular cross sections. For
those with non-rectangular cross sections, this range applied to the
top of the cross section and a range of \1/16\ inch to \3/8\ inch was
permitted at the base. Where visual characters are provided on a
separate sign, the proposed rule required spacing of \1/8\ inch to \1/
4\ inch between characters (703.3.3).
Comment. Comments advised that this specification was too
restrictive and did not take into account increased spacing for larger
size characters (the permitted range allows heights up to 2 inches). It
was recommended that spacing based on the stroke thickness of
characters will provide proper spacing for tactile recognition and
facilitate compliance. Some commenters pointed out that good practice
may include varying the space between characters for optimum visual
legibility. Some comments recommended a spacing range that was at least
as wide as the stroke thickness and no more than four times this width.
Response. In the final rule, the Board has revised the
specification for character spacing (703.2.7). As recommended by
commenters, the specified spacing range has been broadened to allow
spacing up to four times the stroke width of raised characters. The
Board has retained the minimum spacing requirements of the proposed
guidelines and the distinction between characters with rectangular
cross sections (\1/8\ inch minimum) and those without (\1/8\ minimum
measured at the top and \1/16\ minimum measured at the base).
Section 703.3 provides specifications for braille, including the
dimensions and position.
Comment. Braille is to be located below the corresponding text.
Commenters noted that it is common
[[Page 44132]]
practice to locate braille next to the text on some signs, such as room
numbers. These comments urged the Board to revise this specification to
allow braille placement adjacent to text, as is permitted on elevator
car controls.
Response. The Board believes that a uniform location facilitates
the use of braille. No changes have been made to the specified position
below corresponding text.
Braille does not include different upper and lower case letters.
Instead, a character symbol is used to indicate capitalization. In the
final rule, the Board has clarified that indication of uppercase
letters is to be used only before the first word of sentences, proper
nouns and names, individual letters of the alphabet, initials, and
acronyms (703.3.1). A similar clarification has been included in the
new ANSI A117.1 standard.
The proposed guidelines specified that braille be separated at
least \1/4\ inch from other tactile characters and at least \3/8\ inch
from raised borders and other decorative elements (703.3.2). In the
final rule, the Board has revised the minimum separation between
braille and tactile characters from \1/4\ inch to \3/8\ inch for
consistency with the ANSI A117.1 standard.
Section 703.4 covers the mounting height and location of signs with
tactile characters. Such signs are to be mounted so that the tactile
elements (raised characters and braille) are between 48 to 60 inches
high, measured to the baseline of characters.
Comment. The proposed rule specified a range of height of 48 to 60
inches for raised characters and a range of 40 to 60 inches for
braille. Commenters considered the 40 inch specification too low, as
research suggests that braille mounted below 48 inches can be difficult
to read. Further, comments noted that the minimum 40 inch height did
not correlate with the minimum specified for raised characters.
Response. The Board combined the height and location requirements
for raised and braille characters into one section (703.4) for
clarification and simplicity. As a result, the height of braille and
raised characters are held to the same range: 48 to 60 inches above the
floor or ground (703.4.1).
Tactile signs are required to be located alongside the latch side
of doors so that clear floor space at least 18 by 18 inches, centered
on the tactile characters, is provided outside the door swing
(703.4.2). At double doors with two active leafs, signs are to be
located on the right-hand side or, if no wall space is available, on
the nearest adjacent wall. Signs are permitted on the push side of
doors with closers and without hold-open devices.
Comment. A commenter advised that the specification should address
double doors with only one active leaf.
Response. The Board has added a provision for double doors with one
active leaf which requires the location of signs on the inactive leaf
(703.4.2).
Section 703.5 provides specifications for visual characters which
address finish and contrast, case, style, character proportions and
height, height, stroke thickness, and character and line spacing. As
part of the reorganization of the signage requirements, the Board has
added an exception, consistent with the proposed rule, which applies
only the specifications for finish and contrast (703.5.1) where tactile
and visual access are provided through the same characters. Where signs
provide tactile and visual access separately, visual characters must
comply with all applicable specifications in section 703.5.
Visual characters are required to be located at least 40 inches
high (703.5.6). For consistency with specifications for elevators in
section 407, the Board has added an exception noting that the 40 inch
minimum does not apply to visual characters indicating elevator car
controls (703.5.6, Exception).
Section 703.6 contains requirements for pictograms. This section
applies to those pictograms, where provided, that are used to label
permanent interior rooms and spaces. The specifications of 703.6 do not
apply to other types of pictograms, including those specified in
section 703.7 to label various accessible elements and spaces. Under
703.6.3, text descriptors with raised and braille characters are
required below pictograms. The proposed rule allowed alternative
placement adjacent to pictograms. The Board has removed this
alternative in the final rule to enhance uniformity in the location of
tactile text descriptors.
704 Telephones
Section 704 provides technical criteria for telephones, including
provisions for wheelchair access (704.2), volume control (704.3), and
TTYs (704.4). Most comments addressed specifications for volume
controls and TTYs.
All public telephones are required to be equipped with volume
control, as discussed above in section 217. This is consistent with
other Board guidelines covering access to telecommunications products
issued under section 255 of the Telecommunications Act of 1996, which
requires telecommunications products and services to be accessible.
Section 704.3 requires volume controls that provide a gain up to at
least 20 decibels and an intermediate gain of 12 decibels, and have an
automatic reset.
Comment. Persons who are hard of hearing and disability
organizations urged an increase in the sound level of phones equipped
with volume control. Some commenters specifically recommended a minimum
25 decibels or greater. The Board sought comment from pay telephone
manufacturers and providers on the time frame necessary to produce
products that meet the proposed specifications for volume control
(Question 27). Few comments from industry addressed this question,
though other commenters suggested that meeting the proposed volume
control specifications should not be difficult under current telephone
technology.
Response. The proposed specification was consistent with
accessibility guidelines the Board issued under section 255 of the
Telecommunications Act and standards issued under section 508 of the
Rehabilitation Act Amendments. In rulemaking on the Telecommunications
Act Accessibility Guidelines, similar comments were received from
persons who are hard of hearing who reported having trouble using
public pay telephones because of inadequate receiver amplification
levels and who supported adjustable amplification ranging from 18-25
decibels of gain. However, several telephone manufacturers cited the
National Technology Transfer and Advancement Act of 1996, which
requires the Federal government to make use of technical specifications
and practices established by private, voluntary standard-setting
bodies, wherever possible.
The ANSI A117.1 standard requires certain public pay telephones to
provide 12 decibels of gain minimum and up to 20 decibels maximum and
that an automatic reset be provided. In recognition of the National
Technology Transfer and Advancement Act, this amplification level was
specified in the Telecommunications Act Accessibility Guidelines. The
Board has retained the 20 decibel specification in this final rule
(704.3) for consistency with the ANSI A117.1 standard, the
Telecommunications Act Accessibility Guidelines, and the Board's
section 508 standards.
Comment. Mute features on public pay telephones can increase
audibility by temporarily disconnecting the telephone's microphone
while the user listens through the earpiece so that background noise is
not amplified through the earpiece. In the proposed
[[Page 44133]]
rule, the Board requested information on the feasibility and cost of
equipping new and existing public pay telephones with a mute button and
whether such a requirement should be included in the final rule
(Question 28). Few comments addressed this issue. Those that did
generally supported such a requirement, although information on
feasibility and cost was not received.
Response. While the Board believes that mute buttons could benefit
all telephone users in noisy environments, particularly those who are
hard of hearing, the Board has opted not to establish such a
requirement at this time due to the absence of product information and
cost data.
The proposed guidelines included a provision that applied the
criteria for protruding objects in section 307 to wheelchair accessible
telephones and enclosures (704.2.3). The Board has removed this
provision as unnecessary in the final rule. Section 307 applies to a
variety of building elements, including telephones and enclosures,
under the scoping provision for protruding objects (204). This revision
is consistent with the ANSI A117.1-2003 standard.
Section 704.4 provides specifications for TTYs. The proposed rule
included requirements so that TTYs were accessible to persons who use
wheelchairs. This included a requirement that the touch surface of TTY
keypads be 30 to 34 inches high (704.4.1).
Comment. Many commenters indicated that TTYs are mounted too low to
be used comfortably by people not using wheelchairs. According to these
commenters, compliance with wheelchair access provisions greatly
compromises their usability by the majority of persons with hearing or
speech impairments who do not use wheelchairs. Commenters urged that a
higher surface height for TTY keypads be specified. Organizations
representing persons who are deaf recommended a keyboard height of 33
to 35 inches where users are expected to stand. A manufacturer of TTY-
equipped pay telephones indicated that its products provide TTY keypads
at a height of 36 to 40 inches and requested that this range be
permitted.
Response. The Board has revised the specified height of TTY keypads
from the proposed range of 30 to 34 inches to a minimum of 34 inches
(704.4.1). In addition, the Board has removed other specifications
concerning wheelchair access, which is consistent with the original
ADAAG. These specifications include a requirement that the operable
parts of both the TTY and the telephone be accessible according to
section 309, which specifies accessible reach ranges, and provide clear
floor space for a forward approach to the TTY. However, these changes
do not impact the requirements for other types of telephones required
to be wheelchair accessible according to section 704.2.
Comment. The proposed rule provided an exception from the height
and clearance requirements for TTYs at telephones located in cubicles
equipped with fixed seats (704.4.1). As proposed, this exception
applied only to assembly occupancies and allowed half of TTYs at
telephones with seats not to comply. Comments recommended that this
exception apply to other types of facilities since seats at phones may
provide a desired convenience for TTY users.
Response. As a result of the changes concerning wheelchair access,
the exception applies only to the specified keypad height and allows a
height below 34 inches where seats are provided at telephones with
TTYs. In the final rule, the Board has broadened this exception to
apply to all telephones with seats in any type of facility.
Comment. The requirements for TTYs do not address the height of
display screens. Due to the typical character size displayed, users
must be in close proximity to the screen. The Board requested
information on TTY screen heights that are appropriate for people who
use wheelchairs and for standing persons and whether the requirement
for ATM display screens is appropriate for TTYs as well (Question 29).
Little information was received in response to this question.
Respondents to this question reiterated their concern about wheelchair
access resulting in TTYs that are too low for persons who are standing.
Other commenters recommended that research be conducted to develop
information on the appropriate height of display screens.
Response. The Board has not included any specifications concerning
the height of TTY display screens in the final rule.
705 Detectable Warnings
Section 705 provides the technical specifications for detectable
warnings, a distinctively textured surface of truncated domes
identifiable by cane and underfoot. This surfacing is required along
the edge of boarding platforms in transit stations. The original ADAAG
included a requirement for detectable warnings on the surface of curb
ramps to provide a tactile cue for persons with vision impairments of
the boundary between sidewalks and streets where the curb face had been
removed. It also required them at locations where pedestrian areas
blend with vehicular areas without tactile cues, such as curbs or
railings, and at reflecting pools. Certain requirements for detectable
warnings were temporarily suspended in the original ADAAG and were not
included in the proposed rule, as further discussed in section 406
above. Consequently, the requirements in section 705 are required only
at boarding platforms in transportation facilities (810.5.2). Revisions
made in the final rule include:
Revising specifications for the diameter and spacing of
truncated domes to allow a range (705.1.1 and 705.1.2).
Clarifying the square grid pattern of truncated domes
(705.1.2).
Simplifying requirements for contrast between detectable
warnings and adjoining walking surfaces (705.1.3).
Removing provisions generally recognizing alternatives to
the detectable warnings specified.
Clarifying the application of the requirements to the
edges of boarding platforms (705.2).
The detectable warning criteria specify a pattern of evenly-spaced
truncated domes. The Board has added clarification, consistent with
provided figures, that the domes be aligned in a square grid pattern
(705.1).
Comment. The proposed rule specified that the truncated domes have
a diameter of 0.9 inch, measured at the base. A commenter cited
research conducted in Japan which indicated that a surface very similar
to that specified by section 705 ranked high in detectability. It was
recommended, based on this research, that a diameter of 0.4 inch to 0.9
inch be specified for domes, measured at the top. In addition, this
commenter recommended that the spacing between domes be revised from an
absolute of 2.35 inches to a range of 1.6 to 2.35 inches.
Response. In the final rule, the Board has revised the
specification for the diameter and spacing of truncated domes to permit
a range of dimensions (705.1.1). A range of 0.9 inch to 1.4 inches is
specified for the base diameter. The top diameter range is specified to
be 50% to 65% of the base diameter, which approximates the recommended
0.4 inch to 0.9 inch range. The center-to-center spacing of domes has
been changed from 2.35 inches absolute, to a range of 1.6 inches
minimum to 2.4 inches maximum, with a minimum separation measured at
the base of 0.65 inch (705.1.2). The revised base diameter and spacing
dimensions will accommodate existing detectable warning products that
were previously
[[Page 44134]]
deemed to provide an equivalent level of accessibility. ADAAG permits
departures that provide equal or greater access as an ``equivalent
facilitation.'' The Department of Transportation (DOT), which enforces
the ADA's design requirements as they apply to various transportation
facilities, reviews requested departures based on equivalent
facilitation in consultation with the Board. Over the years, DOT has
approved various detectable warning products that differ slightly from
the ADAAG specifications. The specifications in the final rule derive
from a review of these products and will encompass the variations among
products previously approved by DOT under the equivalent facilitation
clause.
Detectable warnings are required to contrast visually from adjacent
walking surfaces, either light-on-dark or dark-on-light. The proposed
rule required the material used to provide contrast be an integral part
of the truncated dome surface (705.2.2). This specification was
intended to preclude the painting of detectable warning surfaces to
meet the contrast requirements since painted surfaces would not be
adequately slip resistant. However, requirements for ground and floor
surfaces in section 302, which require slip resistance, apply to those
surfaces with detectable warnings as well. The Board believes that the
requirement for slip resistance in section 302 effectively prevents the
painting of detectable warning surfaces. Consequently, it has removed
the specification that the material used to provide contrast be an
integral part of the detectable warning surface.
Comment. The proposed rule specified that detectable warnings in
interior locations differ from adjoining walking surfaces in resiliency
or sound-on-cane contact (705.2.3). Commenters considered this
provision to be of questionable usefulness and difficult to meet absent
a recognized method of measuring resiliency or sound-on-cane contact.
Response. The requirement for contrast in resiliency or sound-on-
cane contact between detectable warnings and adjoining walking surfaces
in interior locations has been removed in the final rule.
Comment. The proposed rule included provisions that generally
recognized alternative tactile surfaces equally detectable underfoot or
other designs or technologies that provide equal or superior drop-off
warning at boarding platforms (705.3 and 705.4). Commenters opposed
these provisions without further guidance or specificity on the type of
alternatives that would be acceptable. Some commenters recommended that
these provisions were unnecessary in view of the general provision for
equivalent facilitation in section 103 permitting departures from this
or any other requirement in the guidelines where equal or greater
access is provided.
Response. The Board has removed the provisions concerning
equivalent products and technologies as an alternative to the
detectable warnings specified by section 705. This change is consistent
with the effort the Board made in the proposed rule to remove specific
provisions concerning equivalent facilitation. The general provision
for equivalent facilitation remains the basis upon which alternatives
to the specified detectable warnings may be pursued. DOT's ADA
regulations provide a process for the review of requested departures as
an equivalent facilitation in relation to public transportation
facilities.\24\
---------------------------------------------------------------------------
\24\ 49 CFR 37.9(d).
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Section 705.2 specifies that detectable warnings along boarding
platform edges be 24 inches wide. In the final rule, the Board has
added clarification that the detectable warning is to extend the full
length of the public use areas of platforms.
706 Assistive Listening Systems
Section 706 provides specifications for assistive listening
systems. Assistive listening systems pick up sound at or close to its
source and deliver it to the listener's ear. This more direct
transmission improves sound quality by reducing the effects of
background noise and reverberation and, as needed, increasing the
volume. These devices serve people who are hard of hearing, including
those who use hearing aids. Assistive listening systems are generally
categorized by their mode of transmission. Acceptable types of
assistive listening systems include induction loops, infrared systems,
FM radio frequency systems, hard-wired earphones, and other equivalent
devices. A definition for ``assistive listening systems'' has been
included in the final rule (section 106). Provisions address receiver
jacks (706.2), compatibility with hearing aids (706.3), and system
quality and capability (706.4 through 706.6).
Comment. Receivers are required to have a \1/8\-inch standard mono
jack so that users can use their own cabling as necessary. The proposed
rule allowed other types of jacks where compliant adapters were
provided (706.3). Comments strongly supported the requirement for the
\1/8\-inch mono jack. Some commenters noted that this type of jack
should be provided in all cases and that alternative types should not
be allowed to avoid issues such as who is responsible for the provision
of adapters.
Response. In the final rule, the Board has specified that receivers
include a \1/8\-inch (3.5 mm) standard mono jack and has removed
language concerning other jack types and adapters (706.2).
Section 706.3 specifies that receivers required to be compatible
with hearing aids (25%) must be neck loops since this type interfaces
with hearing aid T-coils. Many comments supported this provision and no
changes to it have been made in the final rule.
The performance of assistive listening systems is a concern among
users. The quality and capability of systems largely determine the
quality of sound transmission. Sound quality, internal noise, signal-
to-noise ratio, signal strength, and boost vary among products. As a
result, some systems do not adequately meet the needs of people who are
hard of hearing. For example, the boost of some products may amplify
sound adequately for people with mild hearing loss but not for those
with profound hearing loss.
In the belief that standards should be developed to provide
guidance in selecting products of sufficient quality and capability,
the Board funded a study on assistive listening systems that was
completed in 1999. Conducted by the Lexington Center, this project
included collecting information on assistive listening systems, a
review of the state-of-the-art with respect to assistive listening
systems, and a survey of consumers, service providers, dispensers and
manufacturers to determine how effective assistive listening systems
are at present and what the major problems, limitations, and complaints
are regarding existing systems. With this information, the researchers
developed objective means for specifying the overall characteristics of
any assistive listening system, from sound source to listener's ear, to
be able to predict how well the system will work in practice and to
determine objective criteria for establishing guidelines or
recommendations for the use of assistive listening systems in public
places. The criteria recommended by this research include:
A signal-to-noise ratio of at least 18 decibels measured
at the earphones.
The capability of receivers to deliver a signal with a
sound pressure level of at least 110 decibels and no more than 118
decibels with a dynamic range on the volume control of 50 decibels.
[[Page 44135]]
Peak clipping levels at or below 18 decibels down from the
peak level of the signal.
Comment. The Board sought comment on whether the criteria developed
through the Lexington Center research should be included in the final
rule (Question 30). Commenters overwhelmingly supported the inclusion
of specifications for the performance and sound quality of assistive
listening systems.
Response. The Board has included performance criteria for assistive
listening systems based on the Lexington Center research that address
the sound pressure level (706.4), signal-to-noise ratio (706.5), and
peak clipping level (706.6).
A report from the Lexington Center on this research, ``Large Area
Assistive Listening Systems: Review and Recommendations,'' is available
from the Board and its Web site at www.access-board.gov. Additional
resources stemming from the project, including a series of technical
bulletins on assistive listening systems, are also available.
707 Automatic Teller Machines and Fare Machines
Section 707 provides specifications for Automatic Teller Machines
(ATMs) and fare machines. Requirements address clear floor or ground
space (707.2), operable parts (707.3), privacy (707.4), speech output
(707.5), input (707.6), display screens (707.7), and braille
instructions (707.8). In the final rule, this section has been
significantly reorganized and criteria for output and input
substantially revised due to comments submitted by persons with
disabilities, various disability groups, ATM manufacturers, banking
institutions and trade associations, and others.
Comment. Comments from the banking industry opposed the specific
criteria proposed for ATMs in favor of a more flexible performance
standard. Conversely, many comments from persons with vision
impairments supported the proposed specifications or urged the Board to
make them more stringent.
Response. The original ADAAG relied on a performance criterion in
specifying access to ATMs for people with vision impairments:
``instructions and all information for use shall be made accessible to
and independently usable by persons with vision impairments'' (4.34.5).
Based on the level of access provided at ATMs under the original ADAAG,
it is the Board's belief, consistent with the ADAAG Review Advisory
Committee's recommendations, that a descriptive set of technical
criteria is essential to ensure that ATMs are adequately accessible to,
and usable by, persons with vision impairments. The Board has taken
into consideration concerns raised by industry concerning various
specifications, as well as information on improved technological
solutions, in finalizing these criteria. A number of revisions have
been made to the ATM requirements which are detailed below.
Comment. Section 707 specifically covers ATMs and fare machines. In
the proposed rule, the Board sought comment on whether this section
should be extended to cover other types of interactive transaction
machines (ITMs), such as point-of-sale machines and information kiosks,
among others (Question 31). Information was requested on any possible
design conflicts between the requirements of this section and any
specific types of interactive transaction machines. Comments from
disability groups and individuals with disabilities generally supported
coverage of ITMs and point-of-sale machines. Most industry commenters
opposed such an expansion since, in their opinion, such devices differ
in structure and use from ATMs. Comments noted that computers used in
point-of-sale machines rarely have the capacity for added functions,
especially for speech. Commenters were particularly concerned that
manufacturers, installers, and property owners would be held
responsible for the content of web-based dynamic information. Several
suggested that unlike ATMs, which are considered primarily single-
purpose devices, information kiosks are multi-purpose devices that
cannot produce audio files anticipating the content of the video
display.
Response. The Board has elected not to broaden the scope of the
rule to address all types of interactive transaction machines at this
time. However, the Board has issued standards covering various types of
electronic and information technology purchased by the Federal
government under section 508 of the Rehabilitation Act. These standards
encompass various types of interactive transaction machines that are
procured by the Federal government. The Board intends to monitor the
application of the performance-based section 508 standards to ITMs in
the Federal sector for its consideration in future updates of these
guidelines.
Revisions made to this section include:
Revising exceptions for drive-up ATMs to also cover drive-
up fare machines (707.2, 707.3, and 707.7).
Modifying specifications for operable parts (707.3).
Limiting privacy requirements to ATMs (707.4).
Revamping and clarifying speech output capabilities and
specifications (707.5).
Modifying specifications for input controls (707.6).
Adding a requirement for braille instructions (707.8).
Sections 707.2 and 707.3 address clear floor or ground space
requirements and operable parts, respectively. These provisions include
exceptions for drive-up only ATMs. In the final rule, the Board revised
these exceptions to cover fare machines as well.
Comment. The proposed rule specified that operable parts be able to
be differentiated by sound or touch without activation (707.3).
Comments from industry noted that it would be difficult to achieve this
requirement in the design of controls activated by touch. Some
commenters advised that compliance would be more feasible if the
provision recognized an allowable level of force that could be applied
without the control being activated. Since many ATMs and fare machines
allow users to cancel operations, including when a control is
inadvertently activated, commenters questioned the need for this
provision.
Response. The Board agrees that keys which enable users to readily
clear or correct input errors obviate the need for controls that can be
differentiated by sound or touch without activation. In the final rule,
the Board has revised the requirement to apply only at ATMs and fare
machines that are not equipped with ``clear'' or ``correct'' keys.
Section 707.4 ensures an equivalent level of privacy in the use of
ATMs for all individuals, including those who use a machine's
accessible features. In the final rule, this requirement has been made
specific to ATMs, since privacy is generally of less concern in the use
of fare machines.
Section 707.5 provides requirements for speech output of ATMs and
fare machines.
Comment. ATM manufacturers and the banking industry opposed the
specific criteria for audible output in the proposed rule (707.5) and
urged the Board to replace them with more flexible performance
requirements that would focus on the desired outcome instead of
detailing how and to what extent access was to be achieved. Comments
from disability groups strongly supported the approach taken
[[Page 44136]]
in the proposed rule. Some of these comments requested that the
specifications cover the full range of machines used and types of
output. For example, some pointed out that certain types of
information, such as error messages, are often overlooked in the
provision of audible output.
Response. The Board has revised the requirements for audible output
to emphasize the minimum performance capabilities necessary for access.
This will allow room for technological innovations and improvements in
providing access solutions, particularly with respect to audible
output. On the other hand, the Board has also retained or added
specific criterion so that a minimum level of accessibility is clearly
established to avoid confusion or misinterpretation. The final rule
clearly requires machines to be speech enabled, as opposed to the
proposed rule's call for ``audible instructions.'' As revised, it
requires that ``all displayed information for full use shall be
accessible to and independently usable by individuals with vision
impairments.'' The specification lists particular types of output, such
as operating instructions and orientation, visible transaction prompts,
user input verification, and error messages. However, the over-arching
performance criterion governs, as the list of particulars is not
exhaustive. Consistent with the proposed rule, the speech output must
be delivered through devices readily available to all users, such as a
telephone handset or an industry standard connector (e.g., an audio
mini jack to accommodate a user's audio receiver).
Comment. The Board sought information on the availability of ATMs
that meet the audible output requirements of the proposed rule and any
impact, including costs and technological difficulties, in developing
new products that would comply (Question 35). Information was also
requested on the practice of redeploying ATM equipment and the impact
of the output requirements on this practice. Industry commenters
expressed strong concerns about the cost and feasibility of providing
speech output for new and refurbished machines. Industry commenters
claimed that voice output would be burdensome by necessitating both
hardware and significant software investments, including on-going
maintenance to support changes in the services offered by the
institution. Analysis of industry comments reveals an underlying
concern that manufacturers, property owners, installers, and networks
must coordinate to provide anything more than limited voice output.
According to these comments, such coordination is not customary in the
U.S. The banking industry expressed particular concern about the
application of the guidelines to ATMs that are refurbished and
redeployed. According to the industry, there is a large market for used
ATMs, which have an average life of 10 years, though some can last up
to 20 years; as new machines are installed in existing locations, those
replaced are commonly redeployed elsewhere. Since the specifications
apply not only to new ATMs, but to altered machines as well, commenters
expressed concern about the cost and feasibility of retrofitting
existing machines as part of their relocation. On the other hand,
comments from disability groups indicated that satisfactory voice
output is not only feasible but is actually being accomplished by
various banking institutions, including through the retrofit of
existing machines.
Response. Many of the comments submitted by industry concerning the
cost and impact of the requirements for audible output appeared based
on the provision of recorded human speech. However, the Board intended
other alternatives, which are considerably less expensive, such as
digitized human speech and synthesized speech. Clarification of these
permitted types of output are included in the final rule (707.5). New
technologies for text-to-speech synthesis are becoming available that
offer less expensive solutions in equipping machines with speech
output. Such technologies, which can be installed through software or
hardware enhancements, can generate all of the information required to
be accessible in audible output. In the past year, the Board has become
aware of various banks in different areas of the country that have
provided new talking ATMs that take advantage of improved speech output
technologies. With respect to refurbished machines, the requirements of
these guidelines as they apply to altered elements permit departures
where compliance is not technically feasible; in such cases, compliance
is required to the maximum extent feasible (202.3, Exception 2). Some
industry commenters expressed concern about the proposed requirements
and existing machines, including those that are not altered. However,
the scope of these guidelines, consistent with the Board's mandate,
extends only to new construction and planned alterations and additions.
The Board does not generally have jurisdiction over requirements for
existing facilities that are otherwise not being altered. Under the
ADA, regulations issued by the Department of Justice (DOJ) effectively
govern requirements that apply to existing places of public
accommodation. How, and to what extent, the Board's guidelines are used
for purposes of retrofit, including removal of barriers and provision
of program access, is wholly within the purview of DOJ. It is the
Board's understanding that DOJ is aware of the concern as raised by
various commenters generally and that DOJ plans to address these
concerns in its rulemaking to revise its ADA standards pursuant to the
Board's final rule.
Comment. In the proposed rule, the Board requested comment on
whether ATM manufacturers or banks intend to provide audio output
receivers for customers who need them to access audible output and
whether customers needing such output could reasonably be expected to
provide their own receivers (Question 34). Few comments addressed this
question. Several individuals with vision impairments indicated that
they carry headphones for talking book players and other audio devices.
Response. The Board has not included any requirements concerning
the provision of audio output receivers.
Comment. The proposed rule included an advisory note indicating
that audible tones can be used instead of speech for personal input
that is not displayed visually for security purposes, such as personal
identification numbers (707.5.3). Comments from industry supported this
clarification but noted that it would be more appropriately located
within the text.
Response. The Board agrees that the advisory note actually
functioned as an exception to the requirement for speech output and has
added it to the text in the final rule (707.5, Exception 1).
Comment. Comments from persons with disabilities requested that all
visually displayed information, including advertisements, should be
covered by the requirement for speech output.
Response. The Board disagrees with coverage of extraneous
information not needed in the conduct of all available transactions. In
the final rule, an exception has been added which notes that
advertisements and similar information are not required to be audible
unless they convey information that can be used in the transaction
being conducted (707.5, Exception 2). This exception helps further
clarify the scope of the general performance requirement of 707.5 by
describing the type of information that is not covered.
[[Page 44137]]
Comment. Comments from industry pointed out that compliance will be
difficult and extremely costly, if not impossible, for certain types of
machines that cannot support speech synthesis. Some machines cannot
``read'' or ``pronounce'' dynamic alphabetic text. Dynamic alphabetic
text includes words that cannot be known in advance by the machine or
its host. Audible dynamic text requires either pre-recorded files or a
text-to-speech synthesizer to convert electronic text into speech using
pre-programmed pronunciation rules.
Response. Because it would be impossible to pre-record files to
anticipate all the possible dynamic alphabetic combinations in the
English language, speech synthesis is the only practicable solution for
producing dynamic alphabetic audible output. The Board has added an
exception for machines that cannot support speech synthesis. Under this
exception, dynamic alphabetic output is not required to be audible
(707.5, Exception 3).
Comment. Persons with vision impairments and disability groups
indicated that ``repeat'' and ``interrupt'' functions greatly
facilitate use of speech output. Such commenters also stated that
volume control is an important feature in accommodating the full range
of users. Industry commenters pointed out that interruption of speech
output is critical because such output, even when not accessed through
a handset or earphones, is continuously running and will otherwise
lengthen the time of all operations and transactions.
Response. The Board has added a provision that machines allow users
to repeat or interrupt speech output (707.5.1). An exception allows
speech output for any single function to be automatically interrupted
once a transaction is selected. This specification replaces a
requirement in the proposed rule that users be able to expedite
transactions (707.5.4.2). In addition, the Board has included a
requirement for a volume control.
Comment. The proposed rule contained a requirement that ATMs
dispense paper currency in descending order with the lowest
denomination on top (707.5.7). Comments from the banking industry noted
that while this requirement is feasible, the denominations of currency
dispensed varies depending on which bills are still available in a
machine before it is re-supplied.
Response. The Board has removed the requirement for bills to be
dispensed in descending order since the order of dispensation will not
ensure that users will be able to identify each bill's denomination.
Comment. The proposed rule required that machines have the
capability to provide information on receipts in an audible format as
well (707.5.8). Some comments from individuals with vision impairments
urged the Board to revise this requirement to clearly apply to all data
contained on a receipt. Industry representatives, however, advised that
the requirement should apply only to essential information concerning a
transaction. These comments noted that some information that may not be
of interest or use to customers is nevertheless required to appear on
printed receipts under Federal mandates. In addition, the banking
industry indicated that some ATMs have the capability to provide copies
of records, such as bank statements, which should not be subject to the
speech output requirements.
Response. The Board has revised the requirement for receipt
information to more clearly distinguish the type of information
required to be provided through speech output and the type that is not.
The final rule requires that speech output devices provide all
information on printed receipts, where provided, necessary to complete
or verify a transaction, including balance inquiry information and
error messages (707.5.2). Extraneous information that may be provided
on receipts, such as the machine location and identifier, the date and
time, and account numbers is not required to be provided through speech
output (Exception 1). In addition, the Board has also exempted receipt
information that duplicates audible information on-screen (Exception 2)
and printed materials that are not actual receipts, such as copies of
bank statements and checks (Exception 3).
Section 707.6 covers input controls, including numeric and function
keys.
Comment. The proposed rule required all keys used to operate a
machine to be tactually discernable (707.4.2). It included
specifications for key surfaces to be raised \1/25\ inch minimum and
that outer edges have a radius of \1/50\ inch maximum (707.4.2). It
also required a minimum separation between keys of \1/8\ inch and
specified a distance between function and numeric keys based on the
distance between numeric keys (707.4.3). Comments from industry pointed
to these provisions as unduly restrictive and raised questions about
supporting data for the specified dimensions. These commenters urged a
performance-based requirement as more appropriate.
Response. The Board has revised the final rule to require at least
one input control for each function (as opposed to ``all keys'') to be
tactually discernable (707.6.1). Key surfaces are required to be raised
from surrounding surfaces, but the proposed \1/25\ inch minimum has
been removed. In addition, the Board has also added a requirement
specific to membrane keys. Such keys must also be tactually discernable
from surrounding surfaces and other keys where they are the only method
of input provided.
Comment. Comments from persons with disabilities called attention
to the importance of access to touch screens at fare machines and ATM
machines. The proposed rule provided an exception for the touch screens
of video display screens (707.4.2, Exception). This exception was meant
to apply only to that method of input, since the Board intended that
alternative method of input that is tactually discernable would be
provided in addition to the touch screen. Commenters misread this
exception as completely exempting touch screens from providing
tactually discernable controls.
Response. The Board has removed the exception for touch screens in
the proposed rule to avoid misinterpretation of its intent. Instead,
the Board has revised the requirement for tactually discernable input
controls as applying to those key surfaces that are not on active areas
of display screens (707.6.1). All machines with touch screens must have
tactually discernable input controls as an additional alternative to
those activated by touching the screen.
Comment. The proposed rule specified the arrangement of numeric
keys according to the standard 12-key telephone keypad layout, which
provides numbers in ascending order (707.4.4). The ATM and banking
industries indicated that numbers may be arranged in descending order,
similar to the arrangement of numeric keys on standard computer
keyboards as required by other national standards, such as those issued
in Canada. Since ATM manufacturers operate internationally, consistency
with other national standards is a key industry concern.
Response. The final rule requires numeric keys to be arranged in an
ascending or descending telephone keypad layout (707.6.2). The number
five key is required to be tactually distinct from the other keys (a
raised dot is commonly used).
Comment. The proposed rule required function keys to be arranged in
a specific order and specified particular tactile symbols and colors
for standard keys (707.4.5). Comments from industry
[[Page 44138]]
opposed the mandate for a particular key arrangement which it
considered impractical due to various factors that influence the design
and layout of function keys. Further, these commenters questioned the
need for such a requirement in view of provisions concerning the
tactile labels of keys and audible operating instructions and
orientation. In addition, comments noted that the tactile symbol
assigned to ``clear'' or ``correct'' keys (vertical line or bar) was
inconsistent with the symbol specified by Canadian standards (raised
left arrow).
Response. The Board has removed the requirement for function keys
to be arranged in a particular horizontal or vertical order, which it
considers unnecessary since such keys are to be labeled by standardized
tactile symbols. This revision permits manufacturers flexibility in the
design of function key layouts. In addition, the Board has changed the
required symbol for ``clear'' or ``correct'' keys to a raised left
arrow for consistency with Canadian standards (707.6.3.2).
Comment. The Board specified colors for standard function keys in
the proposed rule and sought comment on the appropriateness of this
specification, particularly for people who are color blind (Question
32). Few comments addressed this question. Instead most commenters
pointed out that the specified colors did not correlate with standards
used in Canada.
Response. Since many ATM manufacturers operate internationally, the
Board has elected to withdraw its color specification for function keys
to avoid conflict with other existing national standards.
Comment. ATMs often reject input when maximum time intervals are
exceeded. Users are at risk of having the ATM card withheld and may
encounter additional transaction charges due to repeated attempts to
access the machine. The Board sought comment on whether it should
include a specific requirement that would allow users to extend the
maximum time intervals between transactions beyond the amount of time
typically allotted (Question 33). Commenters from the banking industry
and ATM manufacturers noted that ATMs include standard features that
ask if users want more time to conduct transactions. The requirements
for speech output will ensure that such questions are accessible to
users with vision impairments.
Response. The Board has not included a requirement for extending
transaction time intervals in view of industry practice.
Section 707.7 addresses visual display screens and provides
specifications for the screen height and the legibility of visual
characters. An exception is provided for drive-up ATMs, which the Board
modified in the final rule to also cover drive-up fare machines (707.7,
Exception). Few comments addressed these provisions and no further
substantive changes have been made.
Comment. Persons with vision impairments requested the inclusion of
a specific requirement for braille instructions. While braille
instructions for full use of the machine are not necessary in view of
the speech output requirements, these comments noted that instructions
indicating how the speech mode is activated are needed in tactile form.
For example, some machines may provide a jack through which users can
access speech output by connecting personal earphones or other types of
audio receivers. Without braille instructions, users may not readily
determine the method for accessing speech output, which otherwise would
only be tactually indicated by the jack itself.
Response. The Board has included a requirement for braille
instructions on initiating the speech mode (707.8).
708 Two-Way Communication Systems
This section provides criteria for two-way communication systems
where they are provided to gain admittance to a facility or to
restricted areas within a facility. These systems must provide audible
and visual signals so that they are accessible to people with vision or
hearing impairments. As part of the integration of requirements for
residential dwelling units from a separate chapter, provisions specific
to communication systems in such facilities have been relocated to this
section (708.4). No further changes have been made to section 708.
One of the technical provisions requires that handsets, where
provided, have cords long enough (at least 29 inches) to accommodate
people using wheelchairs (708.3). The proposed guidelines included an
exception from this requirement for communication systems located at
inaccessible entrances. The Board has removed this exception in the
final rule, consistent with the new ANSI A117.1 standard. This action
was taken in view of situations where an entrance may be inaccessible,
but a two-way communication serving it is on an accessible route. In
such cases, the availability of a two-way communication system may be
of particular benefit to people unable to access an entrance.
Captioning
ADAAG and the Department of Justice's ADA regulations do not
require captioning of movies for persons who are deaf. However, various
technologies have been developed to provide open or closed captioning
for movie theaters. One closed caption method for making movies
accessible is a system that synchronizes captions and action by
projecting reverse text images onto a wall behind an audience. The
reverse text is then reflected by transparent screens at individual
seats where movie goers can read the script on the screen and view the
movie through the screen simultaneously. This type of auxiliary aid and
others may require built-in features to make them usable.
Comment. In the proposed rule, the Board requested information on
other types of captioning as it relates to the built environment and
preferences among users (Question 36). Specifically, the Board sought
information regarding the technical provisions that would be necessary
to include in ADAAG to facilitate or augment the use of auxiliary aids
such as captioning and videotext displays. Most comments from people
with disabilities and disability organizations supported a requirement
for captioning. However, most of these commenters stated a strong
preference for open captioning over closed captioning because it
provides easier viewing and seating flexibility. Some commenters
expressed concerns about the reliability or convenience of particular
closed captioning systems. Comments from the movie theater industry
pointed out that the Department of Justice's ADA regulations issued
under title III state that movie theaters are not required to present
open captioned films, but are encouraged to voluntarily provide closed
captioning.\25\
---------------------------------------------------------------------------
\25\ 28 CFR part 36, section 36.303.
---------------------------------------------------------------------------
Response. In the final rule, the Board has not included a
requirement for built-in features that can help support the provision
of captioning technologies.
Convenience Food Restaurants
Convenience food restaurants, otherwise known as fast food
restaurants, often provide people with the opportunity to order food
from a drive-through facility. These facilities usually require voice
intercommunication. The Department of Justice (DOJ) has required
restaurants to accept orders at pick-up windows when
[[Page 44139]]
the communications system is not accessible to people who are deaf or
hard of hearing.
Comment. The Board requested comment on whether accessible
communication should be required at drive-through facilities (Question
37). Few comments addressed this question. Disability groups
representing people who are deaf supported a requirement to ensure an
equivalent level of access. Comments from the restaurant industry
opposed such a requirement in favor of the approach taken by DOJ.
Industry comments expressed concern about a mandated design solution's
potential cost and the impact on drive-through communication devices.
Response. The Board believes that further information needs to be
developed on the technologies available to provide access for persons
who are deaf to communication devices at drive-through facilities
before specifying a requirement in these guidelines. A requirement for
such access has not been included in the final rule.
Chapter 8: Special Rooms, Spaces, and Elements
Chapter 8 covers various types of elements, rooms and spaces,
including assembly areas (802), dressing, fitting, and locker rooms
(803), kitchens and kitchenettes (804), medical care and long-term care
facilities (805), transient lodging guest rooms (806), holding and
housing cells in detention and correctional facilities (807),
courtrooms (808), residential dwelling units (809), transportation
facilities (810), and storage (811). In the final rule, requirements
from other chapters have been relocated to this chapter. These include
requirements for:
Courtrooms at 808 (relocated from 232).
Residential dwelling units at 809 (relocated from Chapter
11).
Transportation facilities at 810 (relocated from Chapter
10).
Storage at 811(relocated from 905).
Substantive changes to these sections are discussed below.
802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats
Section 802 provides requirements for wheelchair spaces, companion
seats, and designated aisle seats in assembly areas. Requirements have
been reorganized and renumbered. Substantive changes include:
Revision of requirements for the approach to, and overlap
of, wheelchair spaces (802.1.4 and 802.1.5).
Clarification of lines of sight specifications for
wheelchair spaces (802.2).
New requirements for companion seats (802.3).
Revision of criteria for designated aisles seats (802.4).
Comment. Wheelchair spaces may be placed side-by-side, as reflected
in specifications for width that are specific to adjoining spaces. The
proposed rule specified that the approach to a wheelchair space could
pass through one adjoining wheelchair space, but not others (802.5).
This was done to limit the inconvenience to those occupying wheelchair
spaces who would otherwise have to move, possibly from the space or row
entirely, to accommodate others traveling to and from other wheelchair
spaces in the same row. Comments from persons with disabilities urged
that the rule be modified to prohibit travel through any wheelchair
space.
Response. In the final rule, the Board has modified specifications
for the approach to wheelchair spaces so that travel through any
wheelchair space is not required in accessing a wheelchair space
(802.1.4). As a result, accessible routes cannot overlap wheelchair
spaces.
Comment. The Board sought comment on whether it should clearly
prohibit circulation paths (not just accessible routes) from
overlapping wheelchair spaces (Question 38). Persons with disabilities
overwhelmingly supported such a change to ensure that people using
wheelchair spaces do not have to shift or move out of the way of other
pedestrian traffic while occupying spaces. Comments from industry noted
that such a requirement would increase space requirements at wheelchair
seating areas.
Response. The Board agrees with the majority of comments that
persons using wheelchair spaces should not have to contend with
overlapping pedestrian traffic. Nor should occupied spaces obstruct
circulation paths, particularly means of egress. A requirement that
wheelchair spaces not overlap circulation paths is included in the
final rule (802.1.5). This requirement is intended to apply only to the
circulation path width required by applicable building and fire codes
and helps ensure consistency between accessibility and life safety
criteria. Such codes generally do not permit wheelchair spaces to block
the required width of a circulation path. In various situations, the
new requirement is expected to have modest impacts. For example, where
a main circulation path located in front of a seating row with a
wheelchair space is wider than required by applicable building and fire
codes, the wheelchair space may overlap the portion of the path width
provided in excess of code requirements. Where a main circulation path
is located behind a seating row with a wheelchair space that is entered
from the back, the aisle in front of the row may need be to be wider in
order not to block the required circulation path to the other seats in
the row, or a mid-row opening may need to be provided to access the
required circulation path to the other seats.
In the proposed rule, the Board posed several questions concerning
the requirements for the dispersion of wheelchair spaces (which were
located in section 802.6). These requirements have been revised and
relocated to the scoping section for wheelchair spaces at section 221.
As discussed above, the Board has clarified the intent of the proposed
rule in calling for a choice in viewing angles comparable to that
provided other spectators. In addition, the Board removed a criterion
for dispersion based on a comparable choice in admission prices. In the
final rule, it is required that wheelchair spaces be dispersed so that
persons using them have ``choices of seating locations and viewing
angles that are substantially equivalent to, or better than, the
choices of seating locations and viewing angles available to all other
spectators'' (221.2.3). Like the proposed rule, specifications are
provided for horizontal (side to side) and vertical (front to back)
dispersion. Wheelchair spaces must be located at ``varying distances
from the screen, performance area, or playing field'' to achieve
effective vertical dispersion. Exceptions from the requirements for
horizontal and vertical dispersion requirements are provided for
assembly areas with 300 seats or fewer.
Section 802.2 covers lines of sight to the screen, performance
area, or playing field for persons using wheelchair spaces. These
technical provisions address sight lines over seated and standing
spectators. The Board has revised these requirements (located in
section 802.9 in the proposed rule). In the proposed rule, it was
specified that wheelchair space sight lines be ``comparable'' to those
provided ``in the seating area in closest proximity to the location of
the wheelchair spaces, but not in the same row.'' In venues where
people are expected to stand at their seats during events, wheelchair
spaces were to be located so that users have lines of sight over
standing spectators comparable to those provided others in nearby seats
not in the same row.
Comment. The proposed rule required that wheelchair spaces offer
lines of sight ``comparable'' to those provided other spectators
(802.9). Corresponding elevation drawings (Figures 802.9.1 and
[[Page 44140]]
802.9.2) illustrated lines of sight over the head of persons in the
preceding row. Designers of assembly facilities expressed concern that
these requirements, as illustrated, might be read to require this kind
of sight line in all cases. However, a conventional practice is to
design seating so that lines of sight are provided between, not over,
the heads of persons in the preceding row through staggered seating.
Generally, where the sight line is between the heads in the row
immediately in front, it is also over the head of the second row.
According to these commenters, comparable access at wheelchair seating
should be based on the type of sight line (over heads or between heads)
provided at inaccessible seats.
Response. The final rule has been modified to clarify what
constitutes comparable lines of sight over seated spectators (802.2.1)
and standing spectators (802.2.2). Specifically, the revised
specifications distinguish between sight lines provided over and
between heads of spectators in the row ahead. Where lines of sight over
the heads of spectators in the first row in front is provided, then
those occupying wheelchair spaces must also be provided lines of sight
over the heads of spectators in the first row in front of the spaces
(802.2.1.1). A similar requirement for equivalency is specified where
sight lines are provided over the shoulders and between the heads of
spectators in the first row in front (802.2.1.2). Parallel provisions
are provided for assembly areas where spectators are expected to stand
during events (802.2.2.1 and 802.2.2.2).
Section 802.3 addresses companion seats, which are required to be
paired with wheelchair spaces (221.3). In the final rule, the Board has
clarified that companion seats are to be located to provide shoulder
alignment with adjacent wheelchair spaces (802.3.1). Consistent with
the ANSI A117.1-2003 standard, the provision in the final rule
specifies that shoulder alignment is to be measured 36 inches from the
front of the wheelchair space and that the floor surface of companion
seats is to be at the same elevation as that of wheelchair spaces. In
the proposed rule (802.7), companion seats were required to be
``readily removable.'' As discussed above in section 221, the final
rule allows, but does not require, companion seats to be removable
(802.3.2). In addition, the Board has added a requirement that
companion seats be ``equivalent in quality, size, and comfort and
amenities'' to seating in the immediate area (802.3.2). Amenities
include, but are not limited to, cup holders, arm rests, and storage
pockets.
Section 802.4 provides technical criteria for designated aisle
seats. These seats are intended to provide access for people with
disabilities who do not need or prefer wheelchair spaces.
Comment. The proposed rule required that such seats have removable
or folding armrests or no armrests on the aisle side. Comments noted
that this should apply only where armrests are provided on seats in the
same area. Comments from persons with disabilities felt that armrests
should be required at designated aisle seats if other seats have
armrests. Facility operators noted that it is not practical to provide
removable armrests because they become misplaced, lost, or stolen over
time.
Response. Requirements for armrests have been revised to apply only
where armrests are provided on seating in the immediate area. Armrests
on the aisle side of the seat are required to be folding or
retractable. Complying armrests are not required where no armrests are
provided on seats.
803 Dressing, Fitting, and Locker Rooms
Requirements for dressing rooms, fitting rooms, and locker rooms
are contained in section 803.
Comment. Section 803.2 requires wheelchair turning space in
accessible rooms. In the proposed rule, an exception to this provision
noted that a portion of this space (6 inches maximum) could extend
under partitions or openings without doors that provide toe clearance
at least 9 inches high. Many comments opposed this exception since, as
written, it would allow a 6-inch portion of the 5-foot turning space on
both sides to be located beyond two side partitions, possibly resulting
in dressing or fitting rooms that are only 4 feet wide.
Response. This exception concerning wheelchair turning space has
been removed in the final rule (803.2). Requirements for wheelchair
turning space in section 304 specify dimensions and recognize knee and
toe space. However, permitted overlaps are limited. For example, an
object with knee and toe clearance can overlap only one arm or the base
of T-shaped turning space (304.3.2).
The proposed rule prohibited doors from swinging into the turning
space (803.3). In the final rule, the Board has revised this
requirement for consistency with the ANSI A117.1 standard. As revised,
this provision permits doors to swing into the room where wheelchair
space beyond the arc of the door swing is provided. This specification
is consistent with provisions for single-user toilet rooms and
bathrooms (603.2.3, Exception 2).
804 Kitchens and Kitchenettes
Requirements in section 804 apply to kitchens and kitchenettes,
including those provided in transient lodging guest rooms and
residential dwelling units. They also apply to spaces, such as employee
break rooms, located in other facility types. In the final rule,
requirements specific to kitchens in residential dwelling units have
been folded into this section as part of the integration of the chapter
on residential dwelling units (Chapter 11) into the rest of the
document. Certain requirements intended only for dwelling unit kitchens
have been modified accordingly. For example, requirements for
clearances in pass through and U-shaped kitchens apply only to kitchens
with cooktops or conventional ranges (804.2), and specified kitchen
work surfaces are required only in kitchens in residential dwelling
units (804.3). This reorganization does not substantively change the
requirements of section 804 as they apply to kitchens not located in
residential dwelling units. These include requirements for sinks
(804.4), storage (804.5), and appliances (804.6).
Substantive changes apply primarily to requirements for dwelling
unit kitchens. These revisions concern:
Clearances in pass through kitchens (804.2.1).
Storage (804.5).
Operable parts of appliances (804.6.2).
Oven controls (804.6.5).
Clearances for pass through kitchens address counters, appliances,
or cabinets on two opposing sides. In the final rule, this provision
has been revised to more clearly address situations where counters,
appliances, or cabinets are opposite a parallel wall. In addition, the
Board has changed references to ``galley kitchens'' with ``pass through
kitchens'' for clarity.
At least 50% of shelf space in storage facilities is required to be
accessible (804.5). This is consistent with the proposed rule with
respect to kitchens generally, but differs from proposed specifications
for dwelling unit kitchens, which only addressed clear floor space at
cabinets (1102.12.5). The final rule clarifies access requirements for
storage in dwelling unit kitchens that is consistent with
specifications for other types of kitchens.
Requirements for appliances include provisions for operable parts
(804.6.2), which are required to be accessible according to section
309. Section 309
[[Page 44141]]
includes specifications for clear floor space (309.2), height (309.3),
and operating characteristics (309.4). The proposed rule contained an
exception for controls mounted on range hoods. This provision has been
replaced by an exception to general scoping provisions for operable
parts that addresses redundant controls (205.1, Exception 6). In the
addition, the Board has added exceptions for appliance doors and door
latching devices in section 804.6.2.
Comment. Operable parts must be designed so they can be operated
with one hand and without tight grasping, pinching, twisting of the
wrist, or more than 5 pounds of force (309.4). Appliance manufacturers
called attention to various appliances that cannot be easily redesigned
to meet the maximum 5 pounds of force. At refrigerator and freezer
doors, a tight seal is necessary for energy efficiency, as required by
other Federal laws, which may result in an opening force that exceeds 5
pounds of force. The latch used to secure dishwasher doors and create a
water-tight seal also typically requires a force that may exceed 5
pounds which would be difficult and costly to reduce.
Response. The final rule provides an exception under which
appliance doors and their latching devices are not required to comply
with the specified operating characteristics for operable parts in
section 309.4, including the maximum pounds of force for operation
(804.6.2, Exception 1).
Comment. Accessible reach ranges specify a minimum height of 15
inches (308.3) for unobstructed reaches. The appliance industry called
attention to certain types of doors that, when fully open, cannot
easily meet this specification, such as dishwasher doors and doors of
ovens and broilers that are part of free-standing ranges. Compliance
with the reach range requirement when the door is fully open would
severely impact the design and size of such appliances.
Response. The Board has included an exception for bottom-hinged
appliance doors, which do not have to be within reach range
requirements specified in 309.3 when open (804.6.2, Exception 2).
Ovens are required to have controls on front panels (804.6.5.3). A
specification that these controls be to the side of the door has been
removed in the final rule as unnecessarily restrictive.
805 Medical Care and Long-Term Care Facilities
Section 805 addresses access to patient or resident sleeping rooms
in medical care and long-term care facilities. Revisions made to this
section include:
Removing a stipulation that wheelchair turning space not
extend beneath beds (805.2).
Clarifying fixture requirements in accessible toilet and
bathing rooms (805.4).
Comment. Wheelchair turning space is required in patient rooms and
resident sleeping rooms. The proposed rule prohibited this space from
extending under beds (805.2). Commenters opposed this requirement,
noting that it is inconsistent with specifications for wheelchair
turning space in section 304 which recognize knee and toe clearances
for specified portions of the turning space. Commenters questioned why
space at beds are held to a higher standard. A similar requirement was
included for transient lodging guest rooms (806.2.6) and holding and
housing cells (807.2.1).
Response. For consistency with specifications for wheelchair
turning space in section 304, the Board has removed the requirement
prohibiting beds from overlapping this space. Beds can overlap turning
space up to six inches where adequate toe clearance (9 inches high
minimum) is provided. This change was also made for transient lodging
guest rooms and holding and housing cells.
The Board has added clarification that toilet and bathing rooms
provided as part of a patient or resident sleeping room contain at
least one water closet, lavatory, and bathtub or shower (805.4).
806 Transient Lodging Guest Rooms
Section 806 addresses access to accessible guest rooms (806.2) and
those guest rooms that provide access to persons who are deaf or hard
of hearing (806.3). Substantive changes made to this section revise
requirements for:
Vanity counter spaces in accessible toilet or bathing
rooms (806.2.4.1).
Wheelchair turning space (806.2.6).
Visual alarms (806.3.1).
Telephones (806.3.2).
Comment. Requirements for accessible toilet and bathing rooms
include a provision for vanity counter top spaces, which in the past
have been omitted from accessible guest rooms even where provided for
inaccessible rooms. This provision requires accessible vanity counter
tops at lavatories in accessible guest rooms if vanity counter tops are
provided in other guest rooms (806.2.4.1). The proposed rule required
the vanity top in accessible rooms to be at least 2 square feet.
Industry commenters considered this specification unduly restrictive
while persons with disabilities considered it inadequate in ensuring
equivalent access. The proposed rule also applied requirements for
reach ranges and operable parts (sections 308 and 309) which would have
effectively required knee and toe clearances below the vanities.
Response. The Board has removed the minimum surface requirement (2
square feet) for vanity counter tops. The revised provision requires
vanity counter top space in accessible rooms to be comparable, in terms
of size and proximity to lavatories, to those provided in other rooms
of the same type. In addition, the requirement for compliance with
sections 308 and 309 has been removed in the final rule. This change is
consistent with the ANSI A117.1 standard.
A provision in section 806.2.6 prohibiting beds from overlapping
wheelchair turning space has been removed for consistency with
specifications for such space in section 304, as discussed above in
section 805.2.
Guest rooms required to have accessible communication features are
required to have visual alarms. As discussed above in section 702,
technical requirements for visual alarms in the proposed rule have been
replaced with references to criteria in the NFPA 72. Corresponding
revisions have been made to the provision for visual alarms in guest
rooms (806.3.1). This provision references both the visual and audible
criteria for alarms in the NFPA standards.
Guest rooms providing communication access are also subject to
requirements for notification devices and telephones (806.3.2).
Telephones must have volume control. Also, telephones must be served by
an accessible outlet not more than 4 feet away to facilitate use of
TTYs. In the proposed rule, both of these requirements applied to
``permanently installed'' telephones. The Board has removed the term
``permanently installed'' because it is the Board's understanding that
the Department of Justice will clarify the application of the
guidelines to permanently installed elements in its rulemaking to
update its standards for consistency with these guidelines.
807 Holding Cells and Housing Cells
This section provides requirements for cells or rooms required to
be accessible in detention or correctional facilities and judicial
facilities. Revisions made to this section include:
Removing a provision that wheelchair turning space not
extend beneath beds (807.2.1).
[[Page 44142]]
Clarifying fixture requirements in accessible toilet and
bathing rooms (807.2.4).
Relocating requirements for drinking fountains to the
general scoping provision (211.1).
Revising requirements for telephone volume controls
(807.3.2).
A provision in section 807.2.1 prohibiting beds from overlapping
wheelchair turning space has been removed for consistency with
specifications for such space in section 304, as discussed above in
section 805.2.
The Board has added clarification that at least one water closet,
lavatory, and bathtub or shower, where provided, must be accessible
(807.2.4). In addition, a requirement for drinking fountains has been
removed (807.2.4 in the proposed rule) due to revisions made to the
scoping provisions for drinking fountains in section 211, as discussed
above.
Telephones, where provided within cells, must be equipped with
volume controls (807.3.2). In the proposed rule, this requirement
applied to telephones that are ``permanently installed.'' As discussed
above in section 806, the Board has removed this qualifier for
consistency with the rest of the document.
808 Courtrooms
Section 808 provides requirements for courtrooms. These
requirements have been relocated without substantive change from the
scoping section for judicial facilities (231).
809 Residential Dwelling Units
The format and structure of these guidelines are designed to
encourage an approach to accessibility that is more integrated than
that of the original ADAAG. As a result, distinctions between facility
types are minimized both in terms of substance and structure. The Board
has sought to further this approach and to make the document more
internally consistent by folding those remaining chapters specific to a
facility type (residential and transportation) into the other chapters
which apply to facilities more generally. Section 809 is based on
requirements for residential dwelling units contained in Chapter 11 in
the proposed rule. Other provisions have been integrated into other
chapters as appropriate. In some cases, the Board determined that
scoping or technical provisions applicable to facilities generally were
sufficient without the addition of language specific to residential
facilities. Most of the provisions, including those in section 809,
have not been substantively changed. Those that have are discussed at
the new location. The following list identifies the new location of the
provisions that were contained in Chapter 11:
1101.1 and 1102.1 Scoping, covered by 233.
1102.2 Primary Entrance, now at 206.4.6.
1102.3 Accessible Route, now at 809.2.
1102.4 Walking Surfaces, covered generally by 403.
1102.5 Doors and Doorways, now at 206.5.4.
1102.6 Ramps, covered generally by 405.
1102.7 Private Residence Elevators, now at 206.6 (scoping)
and 409 (technical).
1102.8 Platform Lifts, covered generally by 206.7
(scoping) and 410 (technical).
1102.9 Operable Parts, now at 205.
1102.10 Washing Machines and Clothes Dryers, covered
generally by 214.
1102.11 Toilet and Bathing Facilities, now at 809.4 and
Chapter 6.
1102.12 Kitchens, now at 809.3 and 804.
1102.13 Windows, covered generally by 229.
1102.14 Storage Facilities, covered generally by 225
(scoping) and 811 (technical).
1103 Dwelling Units with Accessible Communication
Features, now at 809.5 and 708.4.
Comment. Several commenters expressed concern about these
requirements and their relationship to those issued by the Department
of Housing and Urban Development under the Fair Housing Act.\26\ These
commenters urged the Board and the Department of Justice to clarify
which types of housing facilities are subject to the ADA and to make
the requirements consistent with the Fair Housing Accessibility
Guidelines.\27\ Other commenters recommended that the Board reconcile
differences with the standards for residential facilities contained in
the ANSI A117.1 standard.
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\26\ The Fair Housing Amendments Act of 1988 expanded coverage
of Title VII of the Civil Rights Act of 1968 (42 U.S.C. 3601-3620)
to prohibit discriminatory housing practices based on handicap and
familial status.
\27\ 24 CFR part 100.
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Response. This rule updates guidelines used to enforce the design
requirements of the ADA and the ABA. While the ADA does not generally
cover private residential facilities, its coverage is interpreted as
extending to housing owned and operated by State and local governments.
Under the ADA, the Department of Justice determines the application of
the guidelines to residential facilities. In addition, the ABA, which
applies to federally funded facilities, may apply to public housing and
other types of residential facilities that are designed, built, or
altered with Federal funds. Section 809 serves to update the
requirements for dwelling units contained in the current ABA
requirements, the Uniform Federal Accessibility Standards (UFAS), while
providing new criteria in the ADA guidelines. Both the ADA and ABA
establish design requirements for new construction and alterations that
ensure full access for persons with disabilities. This mandate is
considerably different than that established by the Fair Housing Act,
which applies to covered multi-family housing in the private and public
sectors. Consequently, the level of access specified by the ADA and ABA
guidelines differs from that specified by the Fair Housing
Accessibility Guidelines. The requirements proposed by the Board derive
from guidelines for residential facilities contained in the ANSI
A117.1-1998 standard. However, in both the proposed and final rule, the
Board has found it necessary to deviate from the ANSI A117.1 in limited
areas. The Board intends to continue to work with the ANSI A117
Committee to reconcile differences between both documents in this and
other areas.
The proposed rule, consistent with the ANSI A117.1-1998 standard,
required all toilet and bathing facilities to comply in accessible
dwelling units. The new ANSI standard requires that at least one toilet
and bathing facility be accessible. The ANSI Committee adopted this
change due to concerns about the impact of full scoping in light of
revisions to its technical requirements for toilet and bathrooms. The
technical revisions it approved are consistent with those finalized by
the Board in this rulemaking. The Board also had concerns about the
application of the proposed requirement to certain types of housing,
such as group homes. In the final rule, the Board has revised the
provision (809.4) to require access to at least one toilet and bathing
facility, consistent with the ANSI A117.1-2003 standard.
Other comments concerning provisions for residential dwelling units
that have been relocated to other sections are discussed at the new
location.
[[Page 44143]]
810 Transportation Facilities In the final rule, provisions in Chapter
10 for transportation facilities have been integrated into other
chapters. Most of these requirements are now located in section 810,
but some provisions have been integrated into other sections:
1001.1 Scope, now at 218.
1002.1 through 1002.4, Bus Stops and Terminals, located at
810.2 through 810.4.
1002.5 Bus Stop Siting, now at 209.
1003.1 Facilities and Stations, now at 218.