[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1190.31]

[Page 308-313]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1190--MINIMUM GUIDELINES AND REQUIREMENTS FOR ACCESSIBLE DESIGN--Table of Contents
 
                            Subpart B--Scope
 
Sec. 1190.31  Accessible buildings and facilities: New construction.

    Except as otherwise provided in this part, all new construction of 
buildings and facilities shall comply with the minimum requirements set 
forth below. The citations beginning with ``ANSI'' in the provisions 
which follow refer to the sections of the American National Standard, 
ANSI Al17.1-1986, ``Providing Accessibility and Usability for Physically 
Handicapped People'' by the American National Standards Institute, Inc. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from the American National Standards Institute, 
Inc., 1430 Broadway, New York, NY 10018. Copies may be inspected at the 
office of the U.S. Architectural and Transportation Barriers Compliance 
Board, 1111 18th Street, NW., Suite 501, Washington, DC or at the Office 
of the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington,DC.
    (a) Accessible route. At least one accessible route shall comply 
with ANSI A117.1-1986, section 4.3, Accessible Routes (Incorporated by 
reference, see this paragraph (a).)
    (1) Required accessible route(s) shall connect an accessible 
building entrance with:
    (i) Transportation facilities located within the property line of a 
given site, including passenger loading zones, public transportation 
facilities, taxi stands, and parking;
    (ii) Public streets and sidewalks;

[[Page 309]]

    (iii) Other accessible buildings, facilities, elements, and spaces 
that are on the same site; and
    (iv) All accessible spaces, rooms, and elements within the building 
or facility.
    (2) Where fire code provisions require more than one means of egress 
from any space or room, then more than one accessible means of egress 
complying with ANSI A117.1-1986, section 4.3.10 shall be provided for 
handicapped people and shall be arranged so as to be readily accessible 
from all accessible rooms and spaces (Incorporated by reference, see 
Sec. 1190.3l(a).)
    (b) Parking and passenger loading zones. (1) If any parking is 
provided, for employees or visitors, or both, each such parking area 
shall comply with ANSI A117.1-1986 section 4.6 Parking Spaces and 
Passenger Loading Zones (Incorporated by reference, see paragraph (a) of 
this section), and the following table:

------------------------------------------------------------------------
                                   Required minimum number of accessible
       Total parking in lot                        spaces
------------------------------------------------------------------------
1 to 25..........................  1.
26 to 50.........................  2.
51 to 75.........................  3.
76 to 100........................  4.
101 to 150.......................  5.
151 to 200.......................  6.
201 to 300.......................  7.
301 to 400.......................  8.
401 to 500.......................  9.
501 to 1,000.....................  2 pct of total.
Over 1,000.......................  20 plus 1 for each 100 over 1,000.
------------------------------------------------------------------------


Passenger loading zones shall provide an access aisle at least 60 in 
(1525 mm) wide and 20 ft (60 mm) long adjacent and parallel to the 
vehicle pull-up space. If there are curbs between the access aisle and 
the vehicle pull-up space, then a curb ramp complying with ANSI A117.1-
1986, section 4.7 shall be provided. A minimum vertical clearance of 114 
in (3.45 m) shall be provided at accessible passenger loading zones and 
along vehicle access routes to such areas from site entrances.
    (i) Exception: The total number of accessible parking spaces may be 
distributed among parking lots, if greater accessibility is achieved.
    (ii) Exception: This paragraph does not apply to parking provided 
for official government vehicles owned or leased by the government and 
used exclusively for government purposes.

Parking spaces for side lift vans are accessible parking spaces and may 
be used to meet the requirements of this paragraph.
    (2) If passenger loading zones are provided, at least one passenger 
loading zone shall comply with ANSI A117.1-1986 section 4.6 Parking 
Spaces and Passenger Loading Zones (Incorporated by reference, see 
paragraph (a) of this section).
    (c) Ramps and curb ramps. If there is an abrupt level or grade 
change, if the slope is greater than 1:20, and if no other means of 
accessible vertical access is provided, a ramp or curb ramp shall be 
provided. If a ramp or curb ramp is provided, it shall comply with ANSI 
A117.1-1986, section 4.7 Curb Ramps or 4.8 Ramps, as appropriate 
(Incorporated by reference, see paragraph (a) of this section.).
    (d) Stairs. Except as provided in paragraph (f)(1) of this section, 
stairs connecting levels that are not connected by an elevator shall 
comply with ANSI A117.1-1986, section 4.9, Stairs. (Incorporated by 
reference, see paragraph (a) of this section.)
    (e) Handrails. Handrails shall be provided at each ramp and 
staircase as required in ANSI A117.1-1986, sections 4.8 Ramps and 4.9 
Stairs, respectively. (Incorporated by reference, see paragraph (a) of 
this section.)
    (f) Elevators. One passenger elevator complying with ANSI A117.1-
1986, section 4.10, Elevators (incorporated by reference, see paragraph 
(a) of this section) shall serve each level in all multi-story buildings 
and facilities. If more than one elevator is provided, each elevator 
shall comply with ANSI A117.1-1986, section 4.10, Elevators 
(incorporated by reference, see paragraph (a) of this section). All 
elevator control buttons shall be at least \3/4\ in (19mm) in their 
smallest dimension. They shall be raised or flush.
    (1) Exception. Elevator pits, elevator penthouses, mechanical rooms, 
piping, or equipment catwalks are excepted from this requirement.
    (2) Exception. Ramps or platform lifts complying with ANSI A117.1-
1986, section 4.8 Ramps and ANSI A117.1-1986, section 4.11 Platform 
Lifts (incorporated by reference, see paragraph (a)

[[Page 310]]

of this section), respectively, may be used in lieu of an elevator.
    (g) Platform lifts. If the slope is greater than 1:20, and if no 
other means of accessible vertical access is provided, a platform lift 
may be provided if there is an abrupt level or grade change. If a 
platform lift is provided, it shall comply with ANSI A117.1-1986, 
section 4.11 Platform Lifts (incorporation by reference, see paragraph 
(a) of this section), and should facilitate unassisted entry and exit 
from the lift.
    (h) Entrances. At least one principal entrance at each grade floor 
level to a building or facility shall comply with ANSI A117.1-1986, 
section 4.14, Entrances (incorporated by reference, see paragraph (a) of 
this section). When a building or facility has entrances which normally 
serve any of the following functions: transportation facilities, 
passenger loading zones, accessible parking facilities, taxi stands, 
public streets and sidewalks, accessible interior vertical access, then 
at least one of the entrances serving each such function shall comply 
with ANSI A117.1-1986, section 4.14, Entrances (incorporated by 
reference, see paragraph (a) of this section). Because entrances also 
serve as exits, particularly in cases of emergency, the proximity of 
such accessible entrances and exits to all parts of the building is 
essential. It is preferable that all or most entrances and exits be 
accessible. One entrance may serve more than one function.
    (i) Doors. (1) At each accessible entrance to a building or 
facility, at least one door shall comply with ANSI A117.1-1986, section 
4.13, Doors (incorporated by reference, see paragraph (a) of this 
section).
    (2) Within a building or facility, at least one door at each 
accessible entrance to the accessible space shall comply with ANSI 
A117.1-1986, section 4.13, Doors (incorporated by reference, see 
paragraph (a) of this section).
    (3) Each door required by ANSI A117.1-1986, section 4.3.10, Egress 
(incorporated by reference, see paragraph (a) of this section), shall 
comply with ANSI A117.1-1986, section 4.13, Doors (incorporated by 
reference, see paragraph (a) of this section).
    (4) Each door that is an element of an accessible route shall comply 
with ANSI A117.1-1986, section 4.13, Doors (incorporated by reference, 
see paragraph (a) of this section).
    (j) Windows. If operable windows are provided, they shall comply 
with ANSI A117.1-1986, section 4.12 Windows. (Incorporated by reference, 
see paragraph (a) of this section.)''
    (k) Toilet and bathing facilities. If toilet and bathing facilities 
are provided, then each public and common use toilet room shall comply 
with ANSI A117.1-1986, section 4.22, Toilet Rooms, Bathrooms, Bathing 
Facilities and Shower Rooms (incorporated by reference, see paragraph 
(a) of this section. Other toilet rooms shall be adaptable. If bathing 
facilities are provided, then each public and common use bathing 
facility shall comply with ANSI A117.1-1986, section 4.22. In each such 
facility where any of the fixtures and accessories specified in ANSI 
A117.1-1986, section 4.16, Water Closets; ANSI A117.1-1986, section 
4.17, Toilet Stalls; ANSI A117.1-1986, section 4.18, Urinals; ANSI 
A117.1-1986, section 4.19, Lavatories, Sinks and Mirrors; ANSI A117.1-
1986, section 4.20, Bathtubs; and ANSI A117.1-1986, section 4.21, Shower 
Stalls, are provided, at least one accessible fixture and accessory of 
each type provided shall comply with the provisions in the subsection 
applicable to that fixture or accessory. The size and arrangement of 
toilet stalls shall comply with ANSI Fig. 30(a). Toilet stalls with a 
minimum depth of 56 in (1420 mm) (see ANSI Fig. 30(a)) shall have wall-
mounted closets. If the depth of toilet stalls is increased at least 3 
in (75 mm), then a floor mounted water closet may be used. Arrangements 
shown for toilet stalls may be reversed to allow either a left-hand or 
right-hand approach. Installation of a fixed shower head may be 
permitted in lieu of an adjustable height or hand-held shower head in 
unmonitored facilities where vandalism is a concern. Curbs in shower 
stalls that are 36 in by 36 in (915 mm by 915 mm) shall have a maximum 
height of \1/2\ in (13 mm). Bathrooms in dwelling units required to be 
accessible shall comply with ANSI A117.1-1986, section 4.32.4, 
Bathrooms. For special use situations, refer to Subpart E, Special 
Building or Facility Types or Elements.


[[Page 311]]


    (l) Drinking fountains and water coolers. If drinking fountains or 
water coolers are provided, approximately 50% of those provided on each 
floor shall comply with ANSI A117.1-1986, section 4.15, Drinking 
Fountains and Water Coolers, (incorporated by reference, see paragraph 
(a) of this section), and shall be dispersed throughout the floor. If 
only one drinking fountain or water cooler is provided on any floor, it 
shall comply with ANSI A117.1-1986, section 4.15. It is preferred that 
if only one drinking fountain or water cooler is provided on any floor, 
then it should have two levels with the lower level complying with ANSI 
A117.1-1986, section 4.15.
    (m) Controls and operating mechanisms. If controls and operating 
mechanisms are provided in accessible spaces, along accessible routes or 
as parts of accessible elements, each shall comply with ANSI A117.1-
1986, section 4.25, Controls and Operating Mechanisms. (Incorporated by 
reference, see paragraph (a) of this section.)
    (n) Alarms. If alarm systems are provided, each shall comply with 
ANSI A117.1-1986, section 4.26, Alarms (incorporated by reference, see 
paragraph (a) of this section). In facilities with sleeping 
accommodations, the sleeping accommodations required to be accessible 
shall have an alarm system complying with ANSI A117.1-1986, section 
4.26.4, Auxiliary Alarms. Emergency warning systems in health care 
facilities may be modified to suit standard health care alarm design 
practice.
    (o) Detectable warnings. Detectable warnings complying with ANSI 
A117.1-1986, section 4.27.3, Tactile Warnings on Doors to Hazardous 
Areas (incorporated by reference, see paragraph (a) of this section), 
shall be provided on the hardware of all doors leading to hazardous 
areas. Such warnings shall not be used at emergency exit doors. 
Detectable warnings are not required at locations other than doors to 
hazardous areas by this part. If detectable warnings are provided, the 
specifications at ANSI A117.1-1986, section 4.27 may be used as 
guidance.
    Note: The ATBCB has funded research in the area of detectable 
tactile surface treatments. The research findings were inconclusive and, 
therefore, recommended no mandatory requirements at this time. Further 
information is being developed through additional research on detectable 
materials and fact-finding on current applications, particularly on 
transit platforms. Technical assistance materials including information 
about additional detectable cues (sound and resiliency) not discussed in 
ANSI are available from the ATBCB, 1111 18th Street, NW, Suite 501, 
Washington, DC 20036, (202) 653-7834 (voice or TDD).
    (p) Signage. Signage shall comply with ANSI A117.1-1986, section 
4.28, Signage (incorporated by reference, see paragraph (a) of this 
section). Permanent signage that identifies rooms and spaces shall also 
comply with ANSI A117.1-1986, section 4.28.4. Exception: The provisions 
of ANSI A117.1-1986, section 4.28.4 are not mandatory for temporary 
information on room and space signage, such as current occupant's name, 
provided the permanent room or space identification complies with ANSI 
A117.1-1986, section 4.28.4.
    (q) Telephones. (1) If public telephones are provided, then 
accessible public telephones shall comply with ANSI A117.1-1986, section 
4.29, Telephones (incorporated by reference, see paragraph (a) of this 
section), and the following table:

------------------------------------------------------------------------
                                                Number of telephones
  Number of public telephones provided on     required to be accessible
                each floor                               \1\
------------------------------------------------------------------------
One or more single unit installations.....  One per floor.
One bank \2\..............................  One per floor.
Two or more banks \2\.....................  One per bank. Accessible
                                             unit may be installed as a
                                             single unit in proximity
                                             (either visible or with
                                             signage) to bank. At least
                                             one public telephone per
                                             floor shall meet the
                                             requirements for a forward
                                             reach telephone.\3\
------------------------------------------------------------------------
\1\ Additional public telephones may be installed at any height;
  however, the installation of accessible telephones is strongly
  recommended. Unless otherwise specified, accessible telephones may be
  either forward reach or side reach telephones.
\2\ A bank consists of two or more adjacent public telephones usually
  installed as a unit.
\3\ Exception for exterior installations only: If dial-tone-first
  service is not available, then a side reach telephone may be installed
  instead of the required forward reach telephone (i.e., one telephone
  in proximity to each bank shall meet the requirements of ANSI A117.1-
  1986, section 4.29, Telephones (incorporated by reference, see
  paragraph (a) of this section)).

    (2) At least one of the public telephones complying with ANSI 
A117.1-1986, section 4.29, Telephones (incorporated by reference, see 
paragraph (a) of this section), shall be equipped with a volume control. 
The installation of

[[Page 312]]

additional volume controls is encouraged and these may be installed on 
any public telephone provided.
    (3) Signage. [Reserved]
    (r) Seating, tables, and work surfaces. If fixed seating, tables, 
and work surfaces are provided, at least 5 percent but always at least 
one of each element shall comply with ANSI A117.1-1986, section 4.30, 
Seating, Tables and Work Surfaces. (Incorporated by reference, see 
paragraph (a) of this section.)
    (s) Assembly areas, conference, or meeting rooms. (1) If assembly 
areas are provided, accessible viewing positions shall comply with ANSI 
A117.1-1986, section 4.31, Auditorium and Assembly Areas (incorporated 
by reference, see paragraph (a) of this section), and the following 
table:

------------------------------------------------------------------------
    Capacity of assembly area           Number of viewing positions
------------------------------------------------------------------------
50 to 75.........................  3.
76 to 100........................  4.
101 to 150.......................  5.
151 to 200.......................  6.
201 to 300.......................  7.
301 to 400.......................  8.
401 to 500.......................  9.
501 to 1,000.....................  2 pct of total.
Over 1,000.......................  20 plus 1 for each 100 over 1,000.
------------------------------------------------------------------------


Accessible viewing positions may be clustered in bleachers, balconies, 
and other areas that have sight lines requiring slopes greater than 5 
percent or to permit equivalent accessible viewing positions to be 
located on levels having accessible egress.

    (2) Assembly areas with audio-amplification systems shall have a 
listening system complying with ANSI A117.1-1986, section 4.31, to 
assist a reasonable number of people but no fewer than two, with severe 
hearing loss. For assembly areas without amplification systems and for 
spaces used primarily as meeting and conference rooms, a permanently 
installed or portable listening system shall be provided. This 
requirement may be satisfied by use of a portable system that requires 
little or no installation. If portable systems are used for conference 
and meeting rooms, the system may serve more than one room.
    (3) If performing areas are provided, accessible routes shall comply 
with ANSI A117.1-1986, section 4.3, Accessible Routes, to performing 
areas, including but not limited to stages, arena floors, dressing 
rooms, locker rooms, and other rooms and spaces required for use of the 
assembly area. (ANSI 4.33.5)
    (i) Exception. In alteration work where it is structurally 
impracticable to alter all performing areas to be on an accessible 
route, at least one of each type shall be made accessible. (ANSI 4.33.6* 
and 4.33.7*)
    (ii) [Reserved]
    (t) Storage. If storage facilities such as cabinets, shelves, 
closets and drawers are provided in accessible spaces for occupant use, 
at least one storage facility of each type provided shall comply with 
ANSI A117.1-1986, section 4.23, Storage. (Incorporated by reference, see 
paragraph (a) of this section.) Additional storage may be provided 
outside of the dimensions provided in ANSI A117.1-1986, section 4.23, 
Storage. (Incorporated by reference, see paragraph (a) of this section.)
    (u) Housing. Accessible housing shall:
    (1) Comply with the requirements of this section as it applies to 
public use and common use areas and areas where handicapped persons may 
be employed, except as follows:
    (i) Elevators: Where provided, elevators shall comply with ANSI 
A117.1-1986, section 4.10 (incorporated by reference, see paragraph (a) 
of this section). All elevator control buttons shall be at least \3/4\ 
in (19 mm) in their smallest dimension. They shall be raised or flush. 
Elevators or other accessible means of vertical movement are not 
required in residential facilities when:
    (A) No accessible dwelling units are located above or below the 
accessible grade level; and
    (B) At least one of each type of common area and amenity provided 
for use of residents and visitors is available at the accessible grade 
level.
    (ii) Entrances: Entrances complying with ANSI 4.14 shall be provided 
as necessary to achieve access to and egress from buildings and 
facilities. EXCEPTION: In projects consisting of one-to-four family 
dwellings where accessible entrances would be extraordinarily costly due 
to site conditions or local code restrictions, accessible entrances

[[Page 313]]

are required only to those buildings containing accessible dwelling 
units.
    (iii) Common Areas: At least one of each type of common area and 
amenity in each project shall be accessible and shall be located on an 
accessible route to any accessible dwelling unit.
    (2) Provide dwelling units or sleeping accommodations complying with 
ANSI 4.32, Dwelling Units, in accordance with the following table:

------------------------------------------------------------------------
                Facilities                          Application
------------------------------------------------------------------------
Hotels, motels, boarding houses..........  5 percent of the total units,
                                            or at least one, whichever
                                            is greater.
Multifamily housing (including apartment   5 percent of the total, or at
 houses) Federally assisted.                least one unit, whichever is
                                            greater in multifamily
                                            housing projects.
Federally owned..........................  5 percent of the total, or at
                                            least one unit, whichever is
                                            greater in multifamily
                                            housing projects.
Dormitories..............................  5 percent of the total, or at
                                            least one unit whichever is
                                            greater.
One and two family dwelling Federally      5 percent of the total, or at
 assisted, rental.                          least one unit, whichever is
                                            greater, in multifamily
                                            housing projects.
Federally assisted homeownership.........  To be determined by home
                                            buyer.
Federally owned..........................  5 percent of the total, or at
                                            least one unit, whichever is
                                            greater in multifamily
                                            housing projects.
------------------------------------------------------------------------

    (v) Health care facilities. Accessible health care facilities shall:
    (1) Comply with the requirements of this section, as it applies to 
public use and common use areas and areas where handicapped persons may 
be employed; and
    (2) Provide patient rooms and patient toilet rooms complying with 
Part 6 of UFAS in accordance with the following table:

------------------------------------------------------------------------
                Facilities                           Application
------------------------------------------------------------------------
Long term care facilities (including        At least 50 percent of
 skilled nursing facilities, intermediate    patient toilets and
 care facilities, bed and care, and          bedrooms.
 nursing homes).
Outpatient facilities.....................  All patient toilets and
                                             bedrooms.
Hospital:
  General purpose hospital................  At least 10 percent of
                                             patient toilets and
                                             bedrooms.
  Special purpose hospital (hospitals that  All patient toilets and
   treat conditions that affect mobility).   bedrooms.
------------------------------------------------------------------------


[47 FR 33864, Aug. 4, 1982. Redesignated and amended at 54 FR 5444, Feb. 
3, 1989; 54 FR 34977, Aug. 23, 1989]