ADA Accessibility Final Rule Book

Friday,
July 23, 2004
Part II
Architectural and
Transportation
Barriers Compliance
Board
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
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44084 Federal Register / Vol. 69, No. 141 / Friday, July 23, 2004 / Rules and Regulations
ARCHITECTURAL AND Persons using a TTY should call (202) extensively to minimize any differences
TRANSPORTATION BARRIERS 272–0082. This document is available in between the Board’s guidelines and
COMPLIANCE BOARD alternate formats upon request. Persons their eventual updated standards.
who want a publication in an alternate
36 CFR Parts 1190 and 1191 Rulemaking History
format should specify the type of format
[Docket No. 99–1] (cassette tape, braille, large print, or ADA Accessibility Guidelines
ASCII disk). This document is also
RIN 3014–AA20 On July 26, 1991, one year after the
available on the Board’s Web site (http:
ADA was signed into law, the Board
//www.access-board.gov).
Americans with Disabilities Act (ADA) published the ADA Accessibility
Accessibility Guidelines for Buildings Statutory Background Guidelines (ADAAG).3 The Board
and Facilities; Architectural Barriers The Access Board is responsible for supplemented ADAAG to include
Act (ABA) Accessibility Guidelines developing and maintaining additional requirements specific to
accessibility guidelines for the transportation facilities on September 6,
AGENCY: Architectural and 1991.4 The Department of Justice (DOJ)
Transportation Barriers Compliance construction and alteration of facilities
covered by the Americans with and the Department of Transportation
Board. (DOT) incorporated ADAAG into their
Disabilities Act (ADA) of 1990.1 The
ACTION: Final rule. ADA implementing regulations, thus
Board holds a similar responsibility
under the Architectural Barriers Act making ADAAG the enforceable
SUMMARY: The Architectural and
(ABA) of 1968.2 The Board’s guidelines standard under titles II and III of the
Transportation Barriers Compliance
provide a minimum baseline for other ADA.5
Board (Access Board) is revising and
Federal departments responsible for In developing the original ADAAG,
updating its accessibility guidelines for
issuing enforceable standards. the Board identified subjects for further
buildings and facilities covered by the
The ADA recognizes and protects the rulemaking based on information it
Americans with Disabilities Act of 1990
civil rights of people with disabilities received through public comments.
(ADA) and the Architectural Barriers
and is modeled after earlier landmark Some addressed areas that had not been
Act of 1968 (ABA). These guidelines
laws prohibiting discrimination on the specifically covered by an access
cover new construction and alterations
basis of race and gender. To ensure that standard or code before. The Board
and serve as the basis for enforceable
buildings and facilities are accessible to initiated a long-term agenda of
standards issued by other Federal
and usable by people with disabilities, rulemaking a year after ADAAG was
agencies. The ADA applies to places of
the ADA establishes accessibility first published. It proceeded with this
public accommodation, commercial
requirements for State and local agenda independently from its update of
facilities, and State and local
government facilities under title II and the original document. On separate
government facilities. The ABA covers
places of public accommodation and tracks, the Board developed ADAAG
facilities designed, built, altered with
commercial facilities under title III. The supplements covering:
Federal funds or leased by Federal
law requires that the Board issue • State and local government
agencies. As a result of this revision and
minimum guidelines to assist the facilities (1998)6
update, the guidelines for the ADA and
Department of Justice (DOJ) and the • building elements designed for
ABA are consolidated in one Code of
Department of Transportation (DOT) in children’s use (1998) 7
Federal Regulations part.
establishing accessibility standards • play areas (2000) 8
DATES: The guidelines are effective • recreation facilities (2002) 9
under these titles. Those standards must
September 21, 2004. The incorporation be consistent with the Board’s These supplementary guidelines have
by reference of certain publications guidelines. not yet been adopted by the DOJ as
listed in the guidelines is approved by The ABA requires access to facilities enforceable standards under the ADA.
the Director of the Federal Register as of designed, built, altered, or leased with In 1994, the Board initiated an effort
September 21, 2004. Federal funds. Similar to its to update the original ADAAG by
FOR FURTHER INFORMATION CONTACT: responsibility under the ADA, the Board establishing an advisory committee to
Marsha Mazz, Office of Technical and is charged with developing and thoroughly review the document and to
Information Services, Architectural and maintaining minimum guidelines for recommend changes. The ADAAG
Transportation Barriers Compliance accessible facilities that serve as the Review Advisory Committee consisted
Board, 1331 F Street, NW., suite 1000, basis for enforceable standards issued of 22 members representing the design
Washington, DC 20004–1111. by four standard-setting agencies. The and construction industry, the building
Telephone numbers (202) 272–0020 standard-setting agencies are the codes community, State and local
(voice); (202) 272–0082 (TTY). These are Department of Defense (DOD), the government entities, and people with
not toll free numbers. E-mail address: General Services Administration (GSA), disabilities.10 The committee was
ta@access-board.gov. the Department of Housing and Urban
SUPPLEMENTARY INFORMATION: Development (HUD), and the U.S. Postal 3 56 FR 35408, 36 CFR Part 1191.
4 56 FR 45500.
Availability of Copies and Electronic Service (USPS).
5 56 FR 35544, 28 CFR Part 36 (DOJ’s ADA
Each Federal department responsible
Access regulation implementing title III); 56 FR 45584, 49
for standards based on the Board’s CFR Parts 37 and 38 (DOT’s ADA regulation
Single copies of this publication may guidelines under the ADA or the ABA implementing titles II and III).
be obtained at no cost by calling the is represented on the Board. These 6 63 FR 2000 (January 13, 1998).
Access Board’s automated publications departments have been closely involved 7 63 FR 2060 (January 13, 1998).
order line (202) 272–0080, by pressing in the development of this rule. 8 65 FR 62498 (October 18, 2000).
2 on the telephone keypad, then 1 and Through this process, the Board and the 9 67 FR 56352 (September 3, 2002).
10 The American Council of the Blind, the
requesting publication S–50 (ADA and standard-setting agencies coordinated American Institute of Architects, the American
ABA Accessibility Guidelines Final Society of Interior Designers, the Arc, Builders
Rule). Please record your name, address, 1 42 U.S.C. 12101 et seq. Hardware Manufacturers Association, Building
telephone number and publication code. 2 42 U.S.C. 4151 et seq. Officials and Code Administrators International,
Federal Register / Vol. 69, No. 141 / Friday, July 23, 2004 / Rules and Regulations 44085
charged with reviewing ADAAG in its Uniform Federal Accessibility More than 2,500 comments on the
entirety and making recommendations Standards (UFAS). The Board has proposed rule were submitted to the
to the Board on improving ADAAG’s coordinated the update of its ABA Board by mail, e-mail, or fax. Almost
format and usability, reconciling guidelines with its review of ADAAG in three quarters of the comments were
differences between ADAAG and order to reconcile differences between submitted by individuals, primarily
national consensus standards, and them and to establish a more consistent persons with disabilities. Most of these
updating its requirements so that they level of accessibility between facilities comments addressed reach range
continue to meet the needs of persons covered by the ADA and those subject requirements for people of short stature,
with disabilities. to the ABA. access for people with multiple
Following a consensus-based process chemical sensitivities, movie theater
for the adoption of recommendations, ADA and ABA Accessibility Guidelines
captioning for persons who are deaf or
the committee met extensively over a On November 16, 1999, the Board hard of hearing, and access to certain
two-year period and fulfilled its mission published a proposed rule to jointly elements, such as automatic teller
with the issuance of a report, update and revise its ADA and ABA machines (ATMs) for people with vision
‘‘Recommendations for a New ADAAG,’’ accessibility guidelines. This proposal impairments. Comments were also
in September, 1996. was largely based on the ADAAG submitted by trade associations and
The advisory committee’s report Review Advisory Committee’s report. In manufacturers, disability groups, design
recommended significant changes to the preparing the proposed rule, the Board and codes professionals, government
format and style of ADAAG. In fact, its had reviewed all of the committee’s agencies, and building owners and
recommendations reorganize much of recommendations and adopted most of operators, among others. Some of the
the document. The changes were them with some changes of its own. most common topics included alarms,
recommended to provide a guideline Additionally, the Board developed new handrails, assembly areas, van spaces
that is organized and written in a figures to illustrate various provisions and ATMs. Comments received after the
manner that can be more readily and provided updated advisory deadline were entered into the docket as
understood, interpreted, and applied. information. In an accompanying the Board has a policy of considering
The recommended changes would also discussion of the proposed revisions, late comments to the extent practicable.
make the arrangement and format of the Board posed a number of questions The Board has finalized the
ADAAG more consistent with model to the public on a variety of issues to guidelines according to its review and
building codes and industry standards. solicit information for its use in analysis of the comments to the
The advisory committee coordinated finalizing the rule. The proposed rule proposed rule. Comments and resulting
closely with the American National contained three parts: changes in the rule are discussed below
Standards Institute (ANSI) A117 • Application and scoping in the Section-by-Section Analysis.
Committee, which was in the process of requirements for facilities covered by From the outset of this rulemaking,
updating its standard. The ANSI A117.1 the ADA. the Board has sought to harmonize the
standard is a national consensus • Application and scoping ADA and ABA Accessibility Guidelines
standard that provides technical requirements for facilities covered by with industry standards, particularly the
requirements for accessible buildings the ABA. ANSI A117.1 standard and the
and facilities. The A117.1 standard is • A common set of technical International Building Code (IBC). On
referenced by the International Building provisions referenced by both scoping April 2, 2002, the Board placed in the
Code and various state codes, among documents. rulemaking docket for public review a
others. While ADAAG requirements The proposed rule also incorporated draft of the final guidelines to further
derive in large part from an earlier supplements to ADAAG that the Board promote such harmonization.11 The
version of the ANSI standard, there are developed independently from its ANSI A117 Committee and the
considerable differences between them. review of ADAAG. In 1998, the Board International Code Council (ICC) were
Both the advisory committee and the issued a supplement to ADAAG in the process of updating the ANSI
ANSI committee sought to reconcile covering State and local government A117.1–1998 standard and the IBC,
differences between ADAAG and the facilities, including courthouses and respectively. The Board proposed
ANSI A117.1–1998 standard. prisons. At the same time, the Board changes to these documents based on
published specifications for building the draft final guidelines, some of which
ABA Accessibility Guidelines elements designed for children’s use as were approved. In addition, the Board
The Board issued minimum amendments to ADAAG, which, as made revisions to the guidelines for
guidelines for federally funded facilities originally published, only contained consistency with proposed changes to
under the ABA in 1982. These requirements based on adult the ANSI A117.1 standard and the IBC.
guidelines served as the basis for dimensions. The Board also As a result, some of the remaining
enforceable standards known as the incorporated into the proposed rule differences between the draft final
requirements for residential housing guidelines and these documents were
Building Owners and Managers Association which were based on those developed reconciled. Changes to the guidelines as
International, Council of American Building by the ANSI A117 Committee in 1998.
Officials, Disability Rights Education and Defense a result of this harmonization, as well as
Fund, Eastern Paralyzed Veterans Association,
The proposed rule was made available public comments received on the draft
International Conference of Building Officials, for public comment for six months. final guidelines, are noted in the
International Facility Management Association, During this comment period, which Section-by-Section Analysis.
Maryland Association of the Deaf, National ended May 15, 2000, the Board held
Conference of States on Building Codes and
public hearings in Los Angeles, CA General Issues
Standards, National Easter Seal Society, National
Fire Protection Association, National Institute of (January 31, 2000) and in the Comments were received on the
Building Sciences, Regional Disability and Business Washington, DC area (March 13, 2000), organization and format of the revised
Technical Assistance Centers, Southern Building which provided an additional forum for guidelines. The final rule has been
Code Congress International, Texas Department of
Licensing and Regulation, Virginia Building and
people to provide comment, either structurally reorganized in several
Code Officials Association, and the World Institute orally or in writing. About 140 persons
on Disability. provided testimony at these hearings. 11 67 FR 15509.
respects. Two technical chapters revised based on comments or revisions wholly within the purview of these
covering specific occupancies to text requirements. In most cases, departments. It is the Board’s
(transportation facilities and residential advisory notes clarify the meaning of a understanding that the Department of
facilities) were integrated into other requirement or provide Justice is aware of the concern outlined
chapters. A new chapter was added recommendations for good practice. in comments and that the Department
through the incorporation of guidelines Some commenters felt that the Board plans to address these concerns in its
for recreation facilities and play areas should reference other codes and rulemaking to revise its ADA standards
that the Board previously finalized in standards for greater consistency with consistent with the Board’s final rule.
separate rulemakings. These changes are the model building codes and that more
cross references should be made to other Reorganization of Chapters on
further detailed in this section. In
codes and standards. In the final rule, Transportation Facilities and
addition, comments were received on
the Board has added references to other Residential Facilities
issues that the Board is involved in but
were not made part of this rulemaking. codes and standards to enhance The proposed rule, consistent with
These issues, further discussed below, consistency with model building codes the advisory committee’s
concern multiple chemical sensitivities and standards. Scoping and technical recommendations, minimized
and electromagnetic sensitivities, requirements for accessible means of classifications and structural
classroom acoustics, and certain egress have been replaced with a delineations in the guidelines based on
elements specific to public rights-of- reference to corresponding requirements facility or occupancy type. As a result,
ways. in the International Building Code (IBC), special occupancy chapters of the
as further discussed below in the original ADAAG had been integrated
Organization and Format Section-by-Section Analysis under into the main body of the document in
Most commenters supported the new section 207. Criteria for fire alarm the proposed rule. It was felt that this
organizational structure of the systems have been replaced by a change would help underscore the
guidelines and found it to be clearer and reference to the National Fire Protection premise that the guidelines must be
easier to use than the original ADAAG. Association (NFPA) standard upon consulted and applied in its entirety
Several suggested that the final rule which they were based, as discussed regardless of the facility type. It is also
contain a subject index, that pages not below in section 702. consistent with the overall aim of
be numbered separately for each part of encouraging an integrated approach to
the rule, and that a table of contents be Existing Facilities accessibility as reflected by other
provided for advisory material and Commenters expressed concern about proposed format and organizational
figures listing the figure with section how changes to these guidelines would changes. However, the proposed rule
number, the title of the figure, and page impact existing facilities that were did retain two technical chapters based
number where it is located. Several previously retrofitted under ADA on occupancy types: transportation
commenters recommended that there be requirements, such as those requiring facilities (Chapter 10) and residential
one table of contents at the beginning of barrier removal and program access. The facilities (Chapter 11). In the final rule,
the document rather than separate tables ADA requires the removal of barriers in the provisions of these technical
of contents for each part of the rule. existing places of public chapters have been incorporated into
There was support for placing advisory accommodation where it is readily other chapters, as appropriate, for
material near the provision it discusses achievable. State and local government greater consistency with the rest of the
but commenters recommended even entities are required to provide access to document. The revisions related to this
greater distinction of their non-legal, programs, which may necessitate retrofit reorganization are further detailed in the
non-binding status since the advisory of existing facilities. Commenters Section-by-Section Analysis.
notes stand out more than the expressed concern that further retrofit
requirements. Commenters also efforts would be triggered due to new Incorporation of Guidelines for Play
recommended that figures should have requirements in the revised guidelines. Areas and Recreation Facilities
titles and numbers and be clearly linked Specifically, commenters asked whether In separate rulemakings, the Board
to the text. A few commenters elements that comply with the original developed supplements to ADAAG
recommended that advisory information ADAAG would need to be altered to covering play areas and recreation
be adopted as enforceable language or meet the requirements of the updated facilities. These supplemental
be deleted. guidelines under the obligations for guidelines, developed independently
The Board has revised the format and barrier removal or program access. from this rulemaking, were finalized
structure of the guidelines in response The Board’s authority under the ADA after the Board published the proposed
to these comments. The final rule only extends to the development and rule.
includes a subject index to facilitate use maintenance of accessibility guidelines On October 18, 2000, the Board issued
of the document. In the proposed rule, for construction and planned alterations final guidelines for play areas.12 The
the ADA and ABA scoping documents and additions. It does not have guidelines are one of the first of their
and the technical section were jurisdiction over requirements for kind in providing a comprehensive set
paginated separately; in the final rule, existing facilities that are otherwise not of criteria for access to play areas. They
the pages are numbered consecutively being altered, except for certain types of cover the number of play components
through the entire document. In transit stations (key stations and required to be accessible, accessible
addition, the Board has simplified the intercity rail stations). Under the ADA, surfacing in play areas, ramp access and
table of contents structure, provided regulations issued by the Department of transfer system access to elevated
titles for figures, and reformatted Justice (DOJ) and the Department of structures, and access to soft contained
advisory notes so that they appear Transportation (DOT) effectively govern play structures. The guidelines address
subordinate to the requirements they requirements that apply to existing play areas provided at schools, parks,
discuss. Advisory notes are provided for facilities. How, and to what extent, the child care facilities (except those based
informational purposes only and are not Board’s guidelines are used for purposes in the operator’s home, which are
mandatory. Throughout the final rule, of retrofit, including removal of barriers
advisory notes have been added or and provision of program access, is 12 65 FR 62498.
exempt), and other facilities subject to federally funded facilities covered by population, and undertake activities
the ADA. The Board developed the the ABA.14 No comments were received that address accessibility issues for
guidelines through regulatory in response to the notice. these individuals.
negotiation, a supplement to the The Board has integrated the The Board plans to develop technical
traditional rulemaking process that guidelines for play areas and those for assistance materials on best practices for
allows face-to-face negotiations among recreation facilities into this final rule. accommodating individuals with
representatives of affected interests in Referenced standards and definitions multiple chemical sensitivities and
order to achieve consensus on the text have been added to Chapter 1 (sections electromagnetic sensitivities. The Board
of a proposed rule. The regulatory 105 and 106), scoping provisions have also is sponsoring a project on indoor
negotiation committee represented a been incorporated into Chapter 2 environmental quality. In this project,
variety of interests, including play (sections 234 through 243), and the Board is bringing together building
equipment manufacturers, landscape technical provisions are provided in owners, architects, building product
architects, parks and recreation Chapter 6 (Plumbing Elements and manufacturers, model code and
facilities, city and county governments, Facilities) and Chapter 10 (Recreation standard-setting organizations,
child care operators, and people with Facilities and Play Areas). In addition, individuals with multiple chemical
disabilities. The committee submitted a various provisions and exceptions have sensitivities and electromagnetic
report to the Board upon which the been integrated into existing scoping sensitivities, and other individuals. This
guidelines are based. The Board provisions in Chapter 2 (sections 203 group will examine building design and
published the guidelines in proposed through 206, 210, 216, and 221) and construction issues that affect the
form for public comment in April 1998 technical provisions in Chapter 3 indoor environment, and develop an
and finalized them according to its (section 302 and 303). These criteria action plan that can be used to reduce
review and analysis of the comments it have been editorially revised to fit into the level of chemicals and
received. the new structure and format of the electromagnetic fields in the built
On September 3, 2002, the Board revised ADA and ABA accessibility environment.
finalized guidelines that address access guidelines. No substantive revisions Neither the proposed rule nor the
to a variety of recreation facilities have been made in incorporating them draft final rule included provisions for
covered by the ADA, including into this final rule. While the Board has multiple chemical sensitivities or
amusement rides, boating facilities, otherwise sought to avoid technical electromagnetic sensitivities. The Board
fishing piers and platforms, golf courses, chapters that are based solely on an believes that these issues require a
miniature golf, sports facilities, and occupancy type, it has located the thorough examination and public
swimming pools and spas.13 The technical provisions of the play areas review before they are addressed
requirements are largely based on and recreation facilities guidelines into through rulemaking. The Board does not
recommendations prepared by the a separate chapter. Since these address these issues in this final rule.
Recreation Access Advisory Committee, guidelines are new and comprehensive Classroom Acoustics
which the Board had established for this in their coverage of a variety of distinct
purpose. These recommendations are facility types, the Board felt that users Comments were received that urged
contained in a report, could more readily familiarize the Board to address the acoustical
‘‘Recommendations for Accessibility themselves with the requirements if performance of buildings and facilities,
Guidelines: Recreational Facilities and they remained localized in a separate in particular school classrooms and
Outdoor Developed Areas,’’ which the chapter. related student facilities. Research
Board had made widely available as a indicates that high levels of background
Multiple Chemical Sensitivities and noise in classrooms compromises
source of guidance pending the
Electromagnetic Sensitivities speech intelligibility for many children
development of guidelines. The Board
published the guidelines in proposed The Board received approximately to such an extent that their reading,
form in July 1999, and made them 600 comments from individuals with communication, and learning skills may
available for public comment for six multiple chemical sensitivities and not be developing adequately. At
months. During the comment period, electromagnetic sensitivities. They particular risk are children who have
the Board held public hearings on the reported that chemicals released from mild to moderate hearing loss,
proposed guidelines in Dallas, TX and products and materials used in the temporary hearing loss, speech
Boston, MA. In an effort to provide the construction, alteration, and impairments, or learning disabilities.
public with an additional opportunity maintenance of buildings; Instead of undertaking rulemaking of its
for input on the rule before it was electromagnetic fields; and inadequate own on this issue, the Board opted to
finalized, the Board published a ventilation are barriers that deny them work with the private sector in the
summary of changes it intended to make access to buildings. They requested the development of classroom acoustic
to the guidelines. This summary was Board to include provisions in this final standards. In 1999, the Board partnered
published on July 21, 2000, and was rule to make the indoor environment with the Acoustical Society of America
made available for public comment for accessible to them. (ASA) on the development of a new
two months. During the comment The Board recognizes that multiple standard for acoustics in classrooms that
period, the Board held informational chemical sensitivities and takes into account children who are
meetings on the summary in electromagnetic sensitivities may be hard of hearing. ASA had previously
Washington, DC and San Francisco, CA. considered disabilities under the ADA if established a special working group for
Approximately 70 comments on the they so severely impair the neurological, this purpose. The Board helped sponsor
summary were received. respiratory, or other functions of an the work of this group and expanded its
The Board issued a notice on individual that it substantially limits membership through the addition of
September 3, 2002, making the final one or more of the individual’s major representatives from disability groups,
guidelines issued for play areas and life activities. The Board plans to school systems, designers, and
recreation facilities applicable to closely examine the needs of this government agencies. At the Board’s
urging, ASA committed to a two-year
13 67 FR 56352. 14 67 FR 56441. time frame for the completion of
standards. The standard, completed in guidelines based on its review and obtained or inspected. The Board also
2002, has been approved as ASA/ANSI analysis of public comments. This has clarified in this section where in the
S12.60–2002, Acoustical Performance section discusses public comments to guidelines each standard is referenced.
Criteria, Design Requirements and the rule and details revisions that Standards referenced in the final rule
Guidelines for Schools. It sets specific represent a substantive change from the include those issued by the:
criteria for maximum background noise proposed rule. Not all editorial or non- • American National Standards
(35 decibels) and reverberation time (0.6 substantive revisions are addressed in Institute (ANSI) and Builders Hardware.
to 0.7 seconds for unoccupied this discussion. Manufacturers Association (BHMA) for
classrooms). These and other power operated and power assisted
specifications are consistent with long- Part I: ADA Application and Scoping doors (105.2.1).
standing recommendations for good Chapter 1: Application and • American Society of Mechanical
practice in acoustical design. Taken by Administration Engineers (ASME) for various elevators
itself, the standard is voluntary unless and platform lifts (105.2.2).
This chapter states general principles • American Society for Testing and
referenced by a code, ordinance, or
that recognize the purpose of the Materials (ASTM) for use zones, play
regulation. The Board submitted a
guidelines (101), provisions for adults equipment, and accessible surfaces at
proposal to the International Code
Council (ICC) recommending that core and children (102), equivalent play areas (105.2.3).
provisions contained in the ASA/ANSI facilitation (103), conventions (104), • International Code Council (ICC),
standard be incorporated into the next referenced standards (105), and whose International Building Code is
edition of the International Building definitions (106). Revisions have been referenced with respect to provisions for
Code (IBC). The Board’s proposal was made in the final rule to the sections means of egress and railings (105.2.4).
taken up for consideration at an ICC covering conventions, referenced • National Fire Protection
hearing in September 2002, but was not standards, and definitions. Association (NFPA) for fire alarms
adopted. However, school systems in 104 Conventions (105.2.5).
various states and cities are applying the The Board has revised the rule to
Section 104.1 notes that all reference the most recent editions of the
criteria in the ASA/ANSI standard to
the design of classrooms. The Board is dimensions not stated as a ‘‘maximum’’ standards and addenda. The final rule
participating in outreach and education or ‘‘minimum’’ are absolute and that all includes the addition of ASTM
activities to promote greater dimensions are ‘‘subject to conventional standards and the International Building
understanding of the need for good industry tolerances.’’ Conventional Code (IBC). Guidelines for play areas
classroom acoustics. industry tolerances recognized by this previously issued by the Board, which
provision include those for field reference ASTM criteria for use zone
Public Rights-of-Way conditions and those that may be a and accessible surfaces in play areas,
Some comments asked that the final necessary consequence of a particular have been incorporated into the final
rule address certain elements common manufacturing process. In the final rule, rule. Provisions in the guidelines for
in public rights-of-ways. These the Board has limited this provision so accessible means of egress have been
comments addressed roadway design, that it does not apply to requirements replaced by references to corresponding
speed bumps, crosswalks, on-street where a range is provided since the requirements in the IBC.
parking, audible signs and pedestrian specified range offers adequate Information on the standards
signals, and emergency call boxes. The tolerances. Section 104.2 addresses referenced in this rule is available on
Board will address and invite comment rounding in the case of percentages the Board’s Web site at www.access-
on issues regarding access to public where fractions result. board.gov and in advisory notes.
rights-of-way in a separate rulemaking. Comment. Commenters recommended
that a statement be added indicating 106 Definitions
On June 17, 2002, the Board released for
public comment a set of draft guidelines that the figures in the guidelines are Various defined terms and definitions
on accessible public rights-of-way in provided for information purposes only, have been revised, removed, or added in
advance of publishing a proposed rule. consistent with the ANSI A117.1 the final rule. The following definitions
The guidelines would supplement the standard. have been removed as unnecessary, in
ADA and ABA accessibility guidelines Response. A provision has been most cases due to changes in certain
by adding new provisions for sidewalks, added in the final rule which states that scoping or technical requirements:
street crossings, and related pedestrian the figures contained in this document ‘‘accessible route,’’ ‘‘area of refuge,’’
facilities. The draft guidelines were ‘‘are provided for informational ‘‘automatic door,’’ ‘‘destination-oriented
based on a report submitted to the Board purposes only’’ (104.3). This recognizes elevator,’’ ‘‘ground floor,’’ ‘‘occupiable,’’
by the Public Rights-of-Way Access that all requirements in the guidelines ‘‘power-assisted door,’’ ‘‘sign,’’ and
Advisory Committee in January 2001. are contained in text and that the figures ‘‘wheelchair.’’ New definitions included
This committee, which the Board are provided to illustrate the text-based in the final rule address: ‘‘assistive
created to make recommendations on specifications. Should a figure be listening system,’’ ‘‘equipment,’’ ‘‘key
the guidelines, included representatives interpreted differently from the text, the station,’’ and ‘‘occupant load.’’
from the transportation industry, text governs. Definitions contained in the guidelines
Federal, State and local government for recreation facilities and play areas
105 Referenced Standards
agencies, the disability community, and are included in the final rule.
design and engineering professionals. Section 105 lists the industry Definitions that have been revised
The advisory committee’s report, standards referenced in the guidelines. include: ‘‘assembly area,’’ ‘‘common
‘‘Building A True Community,’’ is It also clarifies that where there is a use,’’ ‘‘mezzanine,’’ ‘‘residential
available from the Board. difference between a provision of the dwelling unit,’’ ‘‘transient lodging,’’
guidelines and the referenced standards, ‘‘vehicular way,’’ and ‘‘walk.’’
Section-by-Section Analysis the provision of the guidelines applies. Comment. It was suggested that the
In finalizing this rule, the Board has The final rule includes information on definition of ‘‘assembly area’’ should
revised various requirements in the where these referenced standards can be more clearly address the types of
facilities covered. The definition’s as well as medical care and long-term 202 Existing Buildings and Facilities
reference to spaces used ‘‘for the care facilities and detention and Section 202 establishes the scope and
consumption of food and drink’’ may be correctional facilities. ‘‘Transient application of the guidelines in the case
interpreted as applying to restaurants lodging’’ has been revised as applying to of alterations or additions to existing
generally. The definition should also be any facility ‘‘containing one or more facilities. Section 202.3 states that each
revised, consistent with building codes, guest room(s) for sleeping that provides altered element or space is required to
to apply to assembly areas that comprise accommodations that are primarily meet the applicable scoping provisions
only a portion of a facility. short-term in nature.’’ The term of Chapter 2. There are three exceptions
Response. The definition of excludes residential dwelling units, to this requirement, which have been
‘‘assembly area’’ has been revised to among other facility types. In addition, revised for clarity or added in the final
include ‘‘a building, facility, or portion language exempting bed-and-breakfast rule. Criteria for alterations affecting
thereof used for the purpose of type facilities with no more than five
entertainment, educational or civic primary function areas (202.4) and
rooms has been relocated to this historic facilities (202.5) are also
gatherings or similar purposes.’’ An definition from the scoping provision
illustrative list of examples, previously provided. In the final rule, the provision
for transient lodging in section 224. for primary function areas includes a
provided in the scoping provision (221),
has been relocated to this definition. ADA Chapter 2: Scoping Requirements new exception for residential facilities.
Comment. Consistent with the Comment. An exception in the
original ADAAG, the proposed rule This section discusses comments and proposed rule (202.3, Exception 1)
defined ‘‘common use,’’ in part, as changes to scoping provisions for stated that altered elements and spaces
spaces or elements ‘‘made available for facilities covered by the ADA. These are not required to be on accessible
a restricted group of people.’’ Comments provisions specify which elements and routes. This was intended to clarify that
considered the reference to ‘‘restricted’’ spaces are required to be accessible an accessible route to an altered space
as a source of confusion and according to various technical or element does not have to be provided
misinterpretation. In addition, it was requirements contained in chapters 3 as part of the work, unless the alteration
suggested that ‘‘group’’ be replaced by a through 10. is to a primary function area covered by
specific number. 202.4. Comments pointed out that while
Throughout this chapter and the rest this exception was intended to cover
Response. As revised, the definition of the document, the term ‘‘accessible’’
of ‘‘common use’’ refers to ‘‘interior or accessible routes to an altered space, as
has been replaced with more precise worded it would also exempt accessible
exterior circulation paths, rooms, references to applicable criteria in the
spaces, or elements that are not for routes within an altered space.
guidelines. For example, instead of Response. The Board did not intend
public use and are made available for referring to ‘‘accessible’’ spaces of one
the shared use of two or more people.’’ to exempt requirements for accessible
type or another, the guidelines now routes within spaces that are altered.
Comment. Commenters suggested that
refer to spaces ‘‘complying with’’ the The scope of this exception has been
the definition for ‘‘mezzanine’’ should
relevant technical criteria that make limited so that it applies only where
be revised for consistency with model
building codes, including the IBC. them accessible. This was done for elements and spaces are altered, but the
Response. ‘‘Mezzanine’’ is now greater precision and clarity. circulation path to them is not.
defined by the same definition used in 201 Application Consistent with the proposed rule, this
the IBC: ‘‘An intermediate level or levels exception is not permitted for
between the floor and ceiling of any This section provides that these alterations to primary function areas,
story with an aggregate floor area of not guidelines apply to the design, which are required to be connected by
more than one-third of the area of the construction, or alteration of covered an accessible path of travel (unless the
room or space in which the level or facilities. The requirements apply to cost of providing such a path is
levels are located.’’ The Board has both permanent and temporary ‘‘disproportionate’’ to the overall
included clarification that mezzanines structures. No substantive changes have alteration cost).
are elevated high enough to been made to this section. A second exception notes that
accommodate human occupancy on the Comment. In the proposed rule, the compliance is required unless it is
floor below. term ‘‘fixed’’ had been removed as a technically infeasible, in which case
Comment. Commenters considered it modifier of certain elements covered by compliance is required to the maximum
important that the definitions for the guidelines, such as tables and extent feasible (202.3, Exception 2). In
‘‘dwelling unit’’ and ‘‘transient lodging’’ the proposed rule, this exception
storage. This was removed, along with
be revised and made mutually exclusive contained clarifying language related to
references to elements that are ‘‘built-
to avoid the confusion of potentially this provision that has been recast as an
in.’’ Some comments argued that this
overlapping terms. In particular, the advisory note in the final rule.
change could be interpreted as
hotel and motel industry was concerned A third exception has been added in
broadening the scope of the guidelines
about requirements for dwelling units the final rule for residential facilities
to cover elements that are not fixed or
being misapplied to transient lodging (202.3, Exception 3). This exception
built-in.
facilities. exempts from coverage dwelling units
Response. In the final rule, the Response. References to ‘‘fixed’’ and not required to be accessible under the
definitions for ‘‘dwelling unit’’ and ‘‘built-in’’ were removed for editorial ADA or the Rehabilitation Act of 1973,15
‘‘transient lodging’’ have been clarified purposes of clarity and consistency. which requires that federally funded
and made mutually exclusive. The While the scope of the guidelines does programs and services, including those
guidelines now use the term not extend to elements that are not fixed pertaining to housing, be accessible to
‘‘residential dwelling unit,’’ which is or built-in, the Board believes that such persons with disabilities. In finalizing
defined as ‘‘a unit intended to be used clarification can be appropriately the rule, the Board has reconciled
as a residence, that is primarily long- addressed in the regulations that housing requirements with those of
term in nature.’’ This definition implement the enforceable standards
specifically excludes transient lodging, based on the Board’s guidelines. 15 29 U.S.C. 701 et seq.
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other Federal regulations, as discussed lower an adjacent wheelchair accessible advisory note to section 202.5 also
below in the scoping section on pay telephone from 54 inches (currently references the scoping provisions for
residential dwelling units (233). permitted by ADAAG) to 48 inches. accessible routes, entrances, and toilet
Regulations issued under title II of the Response. Inaccessible pay telephones facilities where the specific language for
ADA by DOJ and HUD under section may be removed without triggering the exceptions for qualified historic
504 of the Rehabilitation Act require requirements for lowering adjacent buildings and facilities are found.
each program or activity conducted by wheelchair accessible pay telephones, Information has also been included in
a covered entity or a program or activity provided that the telephone enclosure the advisory note to section 202.5 on the
receiving Federal financial assistance to or pedestal is not altered when obligation of public entities that operate
be readily accessible to and usable by telephones are removed. historic preservation programs to
individuals with disabilities when the Alterations to areas containing a achieve program accessibility under the
program or activity is viewed in its primary function must include an DOJ regulations.
entirety. Meeting these requirements accessible path of travel to the altered
may involve retrofit of existing facilities area unless it is disproportionate in cost 203 General Exceptions
as part of a transition plan for or scope (202.4). This provision is Certain spaces are generally exempt
compliance. Dwelling units that are intended to ensure that such areas, from the guidelines, including
accessible or that are to be made when altered, are on an accessible route construction sites (203.2), raised areas
accessible under the requirements of the and are served by accessible rest rooms, (203.3), limited access spaces (203.4),
ADA or the Rehabilitation Act are telephones, and drinking fountains. machinery spaces (203.5), single
required to comply with the Requirements specific to altered occupant structures (203.6), certain
requirements of section 202 when residential dwelling units in section areas within detention and correctional
altered; other dwelling units are exempt 233.3 effectively substitute for this facilities (203.7) and residential
under the new exception. provision by ensuring an accessible facilities (203.8), employee work areas
Comment. Commenters expressed route to those dwelling units required to (203.9), and various spaces within
concern that the replacement of comply as part of an alteration. For recreation and sports facilities (203.10
telephones would trigger more extensive consistency and clarity, the Board has through 203.14). These provisions have
alterations, such as a requirement to exempted residential dwelling units been editorially revised and renumbered
lower a telephone installed at 54 inches from the requirements for altered
in the final rule. Specifically,
(currently permitted by ADAAG) to 48 primary function areas.
clarification has been added that exempt
inches. Comment. Comments from the
historic preservation community spaces ‘‘are not required to comply with
Response. Where elements are altered
requested that information be provided these requirements or to be served by an
or replaced they must comply with
on the consultation procedures to be accessible route,’’ which is more precise
these guidelines. However, in some
followed when applying the exceptions than the phrase in the proposed rule
cases the altered element is part of a
for alterations to qualified historic that such spaces ‘‘are not required to be
larger element which is itself not
buildings or facilities in section 202.5. accessible.’’ This is part of a global
altered. For example, pay telephone
They also requested that the specific editorial revision to replace the term
providers sometimes replace existing
telephones with new telephones and, as language for the exceptions for ‘‘accessible’’ throughout the text with
part of the telephone replacement accessible routes, entrances, and toilet more specific language. In addition, the
project, they do not replace or alter the facilities be included in section 202.5, reference in the exception at 203.5 to
existing telephone enclosures or instead of in the various scoping spaces frequented only by service
pedestals. The new telephones, when provisions for those elements. In personnel has been changed from
replaced, must provide a volume control addition, they requested that ‘‘equipment spaces’’ to ‘‘machinery
in compliance with section 704.3 that information be provided on the spaces,’’ which was considered a more
provides up to 20 decibels of gain; obligation of public entities that operate specific and accurate reference to the
original ADAAG 4.31.5(2) only required historic preservation programs to type of spaces covered by this
18 decibels of gain. However, the achieve program accessibility under the exception. The Board’s guidelines for
existing unaltered telephone enclosures DOJ regulations. recreation facilities contain exceptions
or pedestals need not be lowered so that Response. The final rule includes for certain limited spaces within
the telephones comply with the new 48 advisory information in section 202.5 on recreation and sports facilities that have
inch reach requirement established in the consultation procedures to be been incorporated into the final rule.
section 308. Similarly, if a narrow door followed when applying the exceptions These exceptions address raised
is replaced, the doorway need not be for alterations to qualified historic refereeing, judging, and scoring areas
widened as a consequence of the door buildings or facilities. This information (203.10), water slides (203.11), animal
replacement. However, if new operating derives from advisory information in the containment areas (203.12), raised
hardware is provided for the door, the original ADAAG (section 4.1.7). When boxing and wrestling rings (203.13), and
hardware must comply with section an entity believes that compliance with diving boards and platforms (203.14).
404.2.7. the requirements for accessible routes, Substantive changes are made to the
Comment. Commenters indicated that entrances, or toilet facilities would exceptions for limited access spaces and
it is common practice to reduce the threaten or destroy the historic employee work areas. The exception at
number of existing telephones in significance of the building or facility, 203.4 covers limited access spaces, such
telephone banks in order to reconcile the entity should consult with its State as those accessed by ladders, catwalks,
the supply of pay telephones with the Historic Preservation Officer. If the State crawl spaces, or very narrow
demand; noting also an overall decrease Historic Preservation Officer agrees that passageways. A reference to ‘‘tunnels’’
in the demand for pay telephones. The compliance with the requirements for a has been removed from this list, as this
comments requested clarification as to specific element would threaten or term could apply to spaces intended for
whether the removal of an inaccessible destroy the historic significance of the coverage, such as underground
pay telephone would be an alteration building or facility, use of the exception connections between buildings and
that would trigger a requirement to for that element is permitted. The pedestrian connections required to be
accessible in provisions for accessible original guidelines distinguished spaces employees while in the workplace. The
routes (206.4.3). used only as employee work areas from Board sought comment on what
public use and common use spaces, obstacles people with disabilities have
203.9 Employee Work Areas
which are fully subject to access encountered as a result of ADAAG
Provisions for employee work areas in requirements. In effect, requirements in requiring access only to work areas and
203.9 require that accessible routes and ADAAG stopped at the entry to work not to individual work stations
accessible means of egress connect with areas by requiring only that such spaces (Question 1). Responses to this question
employee work areas so that persons be on an accessible route so that persons generally referred to employment or
with disabilities can approach, enter, with disabilities could approach, enter, reasonable accommodation of persons
and exit the work area. Employee work and exit the space. Maneuvering space, with disabilities being made more
areas are also subject to requirements including wheelchair turning space, was difficult, although specific cases or
that facilitate the provision of visual not required within the work area, and instances were not detailed. The
alarms. Specifically, employee work elements within used only by majority of comments against providing
areas must meet accessibility employees as part of their job an accessible route to individual work
requirements for: responsibilities were not required to be stations came from organizations
• Circulation paths for common use accessible. Nor was access required to representing the business community.
within the area, except for those that are individual work stations within a work These comments considered the original
an integral part of equipment or that are area. ADAAG requirements to be more
located in work areas that are relatively The ADAAG Review Advisory consistent with the intent of title I of the
small (i.e., less than 1,000 square feet) Committee recommended that ADAAG ADA and urged that they be retained.
or fully exposed to the weather be changed to require an accessible Increased costs and design impacts
(206.2.8). route to each ‘‘individual work station’’ associated with greater access to work
• Means of egress (207.1). instead of to ‘‘work areas.’’ Other than areas or individual work stations were
• Wiring systems to support later the connecting route, work stations generally cited as a concern.
installation of visual alarms as needed would not be required to be accessible. Response. The final rule preserves the
where work areas have audible fire The advisory committee recommended general scope of coverage in the
alarm coverage (215.2). this change for consistency with model proposed rule and current ADAAG by
There are limitations on the building codes which, unlike ADAAG, applying requirements to work areas, as
application of these requirements. Small do not provide a similar exception for opposed to individual work stations.
work areas (i.e., less than 300 square feet work areas. Building and fire codes Enhanced specifications for circulation
in area) that need to be elevated at least already require connecting paths of access in work areas will effectively
seven inches due to the function of the travel to work stations for purposes of provide access to individual work
space are not required to comply with emergency egress. In the advisory stations in various types of work areas.
any of these requirements. In addition, committee’s view, this aspect of the However, the Board has limited the
other provisions in section 203 exempt model building codes, as well as general requirements for circulation access to
spaces or structures that may function exceptions for equipment and other interior work areas that are 1,000 square
as work areas, such as raised areas, spaces in section 203, would serve to feet or more in size in order to minimize
limited access spaces, machinery limit the overall impact of this change. the impact on facilities with small work
spaces, and single occupant structures Further, the requirement for an areas.
(203.3 to 203.6). Circulation paths ‘‘accessible route’’ to individual work Comment. The Board requested
within work areas that are not fully stations, as opposed to access for comment on the impact of requiring
exempt from compliance are required to ‘‘approach, entry, and exit’’ to work access to ‘‘individual work stations’’
comply with specifications for areas, was considered clearer and more rather than to ‘‘employee work areas’’
accessible routes, but exceptions are easily interpreted. (Question 2). Comments provided no
provided for route widths and handrails The Board, while committed to clear consensus on this issue. People
in certain instances. harmonizing the ADAAG requirements with disabilities stated that the impact
This section differs from the proposed with the requirements of the model would be minimal due to requirements
rule, which required a connecting codes, was concerned about whether in the model codes, a consideration
accessible route to work areas for such a requirement would be workable shared by the ADAAG Review Advisory
approach, entry, and exit, but which did in all employment settings. Committee. They also felt that not
not specifically address circulation Consequently, the Board posed several requiring access to individual work
paths within them or requirements for questions in the proposed rule on the stations would limit their employment
accessible means of egress. In addition, appropriateness and impact of requiring opportunities. The business community
the proposed rule required visual alarms an accessible route to individual work disputed the assertion that compliance
in employee work areas served by stations. with life safety codes would achieve an
audible alarms. Comment. Many comments addressed accessible route in all circumstances
Access to employee work areas was access to work areas. The majority of and noted that such a requirement
the subject of considerable discussion comments were from people with would severely impact many small
and a host of questions posed by the disabilities who supported the businesses.
Board in the proposed rule. The issues recommendations of the ADAAG Response. The final rule requires that
centered on whether, and to what Review Advisory Committee to require common use circulation paths within
degree, access should be expanded an accessible route to all individual work areas satisfy requirements for
within such areas. The original ADAAG work stations. They stated that not accessible routes in section 402. This
required access to, but not fully within, providing an accessible route to all work will facilitate accommodation of
employee work areas since title I of the stations would limit employment employees, while recognizing
ADA generally treats access for opportunities, make reasonable constraints posed by certain work areas,
employees with disabilities as an accommodation more difficult to including various types of equipment
individual accommodation handled on implement, and exclude people with within. The final rule does not require
a case-by-case basis. Consequently, the disabilities from interacting with other full accessibility within the work area or
to every individual work station but sufficiently specific or if further may merit exception from some of the
does require that a framework of clarification, qualification, or definition other technical criteria in 309, the
common use circulation pathways would be needed should a requirement exception has been revised to exempt
within the work area as a whole be be added to the final guidelines. such equipment generally and has been
accessible. This provision is generally Comments provided no clear consensus relocated to the scoping provision in
consistent, but somewhat less stringent, on this question. section 205. The original exception has
than the requirements in the model Response. ‘‘Employee work area’’ is been divided in separate parts covering
building codes. In addition, exceptions defined as spaces or portions of spaces different types of elements: operable
to certain technical requirements for used only by employees for work. This parts intended only for use by service or
route width (403.5) and ramp handrails definition, which has been retained in maintenance personnel (Exception 1);
(405.8) are provided for circulation the final rule without change, notes that electrical or communication receptacles
paths in certain work areas in order to corridors, toilet rooms, kitchenettes, and serving a dedicated use (Exception 2);
prevent design conflicts. break rooms are not employee work and floor electrical receptacles
Comment. Information was requested areas. A definition for individual (Exception 4).
in the proposed rule on specific types of employee work station has not been Three exceptions derive from
individual work stations, not otherwise included as the term is not used in the provisions that were specific to
exempt in the guidelines, that could not final rule. residential dwelling units in the
be served by an accessible route proposed rule (section 1102.9). They
(Question 3). People with disabilities 204 Protruding Objects
were relocated to section 205 and made
generally noted that all areas of a newly Few comments were received on the generally applicable to all types of
constructed building should be on an scoping provision for protruding facilities. These cover certain outlets
accessible route. Comments from objects, which remains unchanged. above kitchen countertops (Exception
industry mentioned various types of Exceptions developed for sport activity 3); HVAC diffusers (Exception 5); and
work stations that would not easily be areas and play areas in separate redundant controls on elements other
served by an accessible route. These rulemakings on recreation facilities and than light switches (Exception 6). This
included press boxes, service bays, on play areas are included in the final latter exception derives from
including grease pits in automotive rule (204.1 Exceptions 1 and 2). exemptions in the proposed rule for
centers, the employee side of check-out range hood controls and controls
counters, compact restaurant kitchens, 205 Operable Parts
mounted on ceiling fans in residential
spot light towers, boom and other The guidelines require operable parts facilities. This exception has been
camera positions, cocktail bars, and on accessible routes and in accessible broadened to cover other types of
lighting control booths. rooms and spaces to be accessible. redundant controls, except light
Response. The Board has added Clarification has been added that switches.
exceptions at 203.9 and 206.2.8 for work operable parts on accessible elements
areas that are raised, small, exterior, or Exceptions the Board developed in
are required to comply as well, which rulemaking on recreation facilities are
an integral part of equipment. Work is consistent with technical provisions
areas that are less than 300 square feet included in the final rule. These
for various types of covered elements. exceptions permit cleats and other boat
that have to be elevated seven inches or In the final rule, exceptions to this
more because it is essential to the securement devices to be outside
provision have been added. Some have
space’s function are exempt from accessible reach ranges (Exception 7)
been relocated from the technical
provisions for work areas entirely. Other and generally exempt exercise machines
provisions for operable parts in section
exceptions in section 203, such as those from requirements for controls and
309. Exceptions in 205.1 cover:
operating mechanisms, including reach
covering raised areas (203.3), limited • Operable parts intended for use
access spaces (203.4), machinery spaces range and operating force specifications
only by service or maintenance
(203.5), and single occupant structures (Exception 8).
personnel (Exception 1).
(203.6) would apply to some of the • Electrical or communication 206 Accessible Routes
mentioned types of work stations. In receptacles serving a dedicated use
addition, an exception to accessible This section specifies the required
(Exception 2).
route requirements has been provided • Certain outlets at kitchen counters number of accessible routes (206.2) and
for press boxes (206.2.7), which is (Exception 3). their location (206.3), and addresses
further discussed below in section 206. • Floor electrical receptacles elements on accessible routes such as
Comment. The Board also sought (Exception 4). entrances (206.4), doors, doorways, and
information about whether the phrase • HVAC diffusers (Exception 5). gates (206.5), platform lifts (206.7), and
‘‘areas used only by employees as work • Redundant controls, other than security barriers (206.8).
areas’’ has been misinterpreted or light switches, provided for a single Section 206.2 specifies where
considered unclear, and if it should be element (Exception 6). accessible routes are required within a
clarified in the final rule to prevent • Boat securement devices (Exception site, including their connection to
misinterpretation (Question 4). People 7). accessible buildings, stories, spaces, and
with disabilities wanted clarification • Exercise machines (Exception 8). elements. In addition, there are
that employee common use areas not The proposed rule contained an provisions specific to restaurants and
used as work areas must be fully exception from the technical cafeteria dining areas, performance
accessible and do not qualify for the requirement that operable parts be areas, press boxes, employee work areas,
limited level of access permitted for within accessible reach ranges (309.3). and various types of recreation facilities.
areas used only by employees as work This exception applied ‘‘where the use Editorial revisions made to this
areas. Comments from industry of special equipment dictates otherwise section include:
generally supported the interpretation of or where electrical and communication • Clarification that ‘‘at least one’’
this phrase. The Board sought system receptacles are not normally accessible route is required between
information about whether the term intended for use by building or facility facilities and public streets and
‘‘individual employee work stations’’ is occupants.’’ Since such operable parts sidewalks, parking, passenger loading
zones, and public transportation stops footage specification has been removed Some are located at the top of bleachers.
(206.2.1). as a criterion of this exception. As a result, their design and location
• Revising the requirement for The Board has clarified requirements have posed unique challenges to the
accessible routes between floor levels as for vertical access to mezzanines. While provision of a connecting accessible
applying to ‘‘multi-story’’ facilities and elevators, where provided, must serve route. In the final rule, the Board has
‘‘stories’’ within, as opposed to ‘‘levels,’’ all stories, including mezzanines where addressed the concerns raised in many
the term used in the proposed rule provided, ADAAG has not been clear on technical inquiries by providing an
(206.2.3, including the exceptions). whether some form of vertical access is exception for press boxes at 206.2.7.
• Relocation of an exception for nonetheless required to a mezzanine Press boxes in assembly facilities are
assembly areas in 206.2.3 to 206.2.4 level where no elevator is provided, required to be on an accessible route
(Exception 2). such as a one-story building. Since except for certain bleacher-mounted and
• Clarifying an exception for certain mezzanines are elevated at heights free-standing types. An accessible route
raised courtroom stations by adding similar to a full story, access by ramp or is not required to press boxes with 500
specific references to the types of spaces certain platform lifts may not provide a square feet or less of aggregate space
covered (206.2.4 Exception 1). practical alternative. The final rule that are located on bleachers with
• Incorporation of provisions for includes an exception at 206.2.4, entrances on only one level (Exception
recreation facilities that address Exception 3 stating that an accessible 1). Free-standing structures are exempt
accessible routes to amusement rides route to mezzanines is not required in if they are elevated more than 12 feet
(206.2.9), boating facilities (206.10), facilities that are not subject to the and have an aggregate area that is 500
bowling lanes (206.11), court sports requirement for an elevator, including square feet or less (Exception 2).
(206.12), exercise machines (206.13), one story buildings and those that Section 206.2.8 establishes new
fishing piers and platforms (206.14), golf qualify for the elevator exemption. provisions for employee work areas. The
facilities (206.15), miniature golf Comment. Designers called attention proposed rule required such areas to be
to dining areas integrated into the on an accessible route so that people
facilities (206.16), and play areas
seating bowl of sports venues that are with disabilities could approach, enter,
(206.17).
tiered in order to provide adequate lines and exit the space. In the final rule, the
Substantive changes, further
of sight. These comments pointed out Board has added a requirement that
discussed below, include:
that it is difficult to provide accessible common use circulation paths, where
• Modifying the exception for an
routes to much of the seating in such provided within employee work areas,
accessible route in certain public dining areas.
facilities (206.2.3 Exception 2). also be accessible by meeting the
Response. An exception is included requirements for accessible routes in
• A new exception for mezzanines in in the final rule for tiered dining areas section 402. The basis for this change is
one story buildings (206.2.4 Exception in sports facilities at 206.2.5, Exception discussed above under section 203.9
3). 3. Under this exception, access is not (Employee Work Areas). This revision
• A new exception for dining areas in required to all dining areas, as is provides for greater maneuvering access
sports facilities (206.2.5 Exception 3). otherwise required. Instead, 25% of the within work areas but does not require
• Revision of the requirement for dining area is required to be accessible elements or equipment that are part of
accessible routes to performance areas provided that accessible routes connect a work station to comply with any other
(206.2.6). seating required to be accessible, and requirements. This requirement is
• A new provision and exception for each tier is provided with the same limited to relatively sizable, interior
press boxes (206.2.7). services. work spaces. Exceptions are provided
• A new provision and exceptions for Comment. The proposed rule required for small work areas that are less than
employee work areas (206.2.8). that an accessible route be provided 1,000 square feet in size (Exception 1),
Comment. Public facilities, which are where a circulation path ‘‘directly circulation paths that are an integral
defined as State and local government connects’’ seating and performance part of equipment (Exception 2), and
facilities, are permitted an exception areas (206.2.6). Comments exterior work areas that are fully
from the requirement for access between recommended that the accessible route exposed to the weather (Exception 3).
stories (206.2.3, Exception 2). In the should also directly connect such Section 206.4 covers entrances.
proposed rule, this exception pertained spaces to provide an equivalent level of Substantive changes include:
to public facilities that are less than access. Otherwise, it may be possible to • Increasing scoping for public
three stories and are not open to the provide access to performance areas entrances (206.4.1).
public if the level above or below the through a more circuitous route and still • Removing a requirement for
accessible level houses no more than be in compliance. accessible ground floor entrances
five persons and is less than 500 square Response. Clarification has been (206.4.3 in the proposed rule).
feet. Comments considered the limit added that the accessible route ‘‘shall • Revision of provision for parking
based on occupant load to be sufficient directly connect the seating area with structure entrances (206.4.2).
and suggested that the square footage the performance area’’ where a Editorial changes include reordering
cap was unnecessary. circulation path is provided to do the of provisions and the addition of
Response. The 500 square foot same. This revision will ensure that the requirements specific to transportation
maximum was based on a floor area accessible route to a performance area is facilities (206.4.4) and residential
allowance of 100 square feet per comparable to the general circulation dwelling units (206.4.6) that were
occupant, which is consistent with route. previously located in chapters specific
model building code requirements for Since ADAAG was first published, to those facilities. Scoping requirements
business and industrial occupancies many questions have been received for signs at entrances have been moved
used in determining the occupant load about its proper application to press to the scoping for signs at section 216.
for egress purposes. The Board agrees boxes at various sports facilities, Comment. The proposed rule
that the maximum occupant load is an particularly high schools. Such specified that at least 50% of public
effective cap on the size of buildings structures, which can be prefabricated, entrances be accessible (206.4.3). Many
eligible for this exception. The square are significantly elevated above ground. persons with disabilities urged the
Board to increase this scoping so that inches. This specification stems from is not required. Some comments from
they have equal access in terms of the original ADAAG and is intended to persons with disabilities opposed
convenience, entry options, travel afford some access to inaccessible guest allowing use of LULA elevators over
distances, and proximity to accessible rooms for visitation purposes. concern about their size and
parking. Some commenters argued that Clarification was requested on which accessibility.
all public entrances should be types of doors this is intended to cover Response. The ADA’s statutory
accessible. and whether it applies to shower doors. language exempts certain facilities from
Response. The minimum number of Response. In the final rule, the requirement for an elevator. The
entrances required to be accessible has clarification has been added in 206.5.3 Board has retained the exception
been increased from 50% to 60% in the that the 32 inch minimum clearance permitting LULA elevators, since it
final rule. While access to all entrances applies to those doors ‘‘providing user offers a more economical alternative
is desirable, a variety of conditions on passage’’ into and within guest rooms than a standard elevator and thus may
a site can make access to every entrance not required to be accessible. In help encourage inclusion of some
difficult and costly. For example, addition, the Board has added an vertical access where none is mandated.
facilities located on steep hillsides may exception that exempts shower and The technical criteria for LULA
have entrances elevated significantly sauna doors in inaccessible guest rooms elevators specify minimum car sizes
above grade. However, this from this requirement. Corresponding that ensure adequate accessibility. In
consideration, in the Board’s view, is changes have been made to a similar addition, the Board has revised the
not as relevant to connections from provision in the scoping section for exception to also allow LULA elevators
parking structures. In final rule, the transient lodging facilities (224.1.2). as an alternative to platform lifts, since
Board has required all pedestrian Scoping requirements for elevators in such elevators provide an equivalent, if
connections between parking structures section 206.6 reference technical criteria not greater, degree of access.
and facility entrances to be accessible for standard passenger elevators, Comment. The guidelines provide an
(206.4.2). This represents an increase destination-oriented elevators, existing exception for private sector facilities
from the proposed rule, which required elevators that are altered, limited-use/ based on the number of stories or the
only one to be accessible. limited-application (LULA) elevators, square footage per floor (206.2.3,
Comment. The proposed rule required and private residence elevators. Exception 1). A much narrower
that at least one accessible entrance be Destination-oriented elevators are exception is permitted for State and
a ground floor entrance (206.4.3). different from typical elevators in that local government facilities (206.2.3,
Commenters recommended that this they provide a means of indicating the Exception 2). The Board sought
stipulation be removed since the ground desired floor at the location of the call comment on whether LULA elevators
floor may not always be the primary button, usually through a key pad, should be allowed instead of a standard
floor. In such conditions, the provision instead of a control panel inside the car. elevator in certain small State or local
would not enhance accessibility. Responding cars are programmed for government facilities. There were few
Response. The requirement that at maximum efficiency by reducing the comments in response to this question.
least one accessible entrance be a number of stops any passenger Response. No changes have been
ground floor entrance has been removed experiences. Limited-use/limited- made regarding LULA elevators that are
in the final rule. application (LULA) elevators are specific to State and local government
Comment. Section 206.4.2 covers typically smaller and slower than other facilities. Any facility, regardless of
access to pedestrian connections passenger elevators and are used for whether it is a public or private facility,
between parking structures and facility low-traffic, low-rise installations, may be equipped with a LULA elevator
entrances. In the proposed rule, this including residential facilities. if is not required to have an elevator.
requirement referred to ‘‘parking Scoping provisions have been LULA elevators may also be used as a
garages.’’ Comments considered that editorially revised to correspond to substitute for platform lifts.
term to be too narrow and reorganized technical criteria in Chapter Comment. The guidelines require that
recommended alternatives such as 4. Specifically, requirements for when one elevator is altered, the same
‘‘parking facilities.’’ destination-oriented elevators and alteration has to be carried out for all
Response. The reference to ‘‘parking altered elevators have been integrated elevators programmed to respond to the
garage’’ has been changed to ‘‘parking into the specifications for standard same hall call control (206.6.1).
structure’’ in the final rule. elevators (407). LULA elevators (408) Commenters opposed this requirement
Section 206.5 provides scoping and private residence elevators (409) are as excessive and argued that it goes
requirements for doors, doorways, and addressed in separate sections since beyond the potential scope of an
gates. Revisions include: their specifications vary considerably elevator alteration. Generally under the
• Clarification of a provision covering from the other elevator types. Scoping guidelines, the requirements apply only
doors and doorways in inaccessible for private residence elevators (206.6, to the element to be altered and not
transient lodging guest rooms in section Exception 2) has been relocated from those outside the intended scope of
206.5.3 (located at 224.1.2 in the Chapter 11. work (except for alterations to primary
proposed rule). Section 206.6 requires each passenger function areas and the requirement for
• Addition of a new exception from elevator to comply with the accessible paths of travel).
this requirement for shower and sauna requirements for standard elevators or Response. This provision is unique in
doors (206.5.3, Exception). destination-oriented elevators. LULA requiring an alteration to be replicated
This section also includes a provision elevators are permitted in those to corresponding elements (elevator
for doors and doorways in residential facilities that are exempt from the cars) because it addresses an equally
dwelling units (206.5.4) that has been requirement for an elevator (206.6 unique circumstance. Elevator users
relocated from Chapter 11. Exception 1). typically do not control which elevator
Comment. In transient lodging Comment. Industry, facility operators, will respond to a call. If one car is
facilities, doors and doorways in designers and some disability groups altered and as a result made accessible,
inaccessible guest rooms are required to strongly supported LULA elevators as it would make continuous access on
provide a clear width of at least 32 an alternative where a standard elevator that elevator a game of chance, with the
odds higher for each additional car transient lodging guest rooms. The part of an accessible means of egress
responding to the call that is not Board included this provision in the when provided in conjunction with
similarly altered. final rule since it considers lift access horizontal exits or areas of refuge. While
Section 206.7 specifies where appropriate in such spaces. typical elevators are not designed to be
platform lifts can be installed. In new Section 206.8 requires that an used during an emergency evacuation,
construction, platform lifts are accessible route or accessible means of there are elevators that are designed
permitted as a means of vertical access egress be maintained where security with standby power and other features
to certain spaces, including performance barriers or check points are provided. It in accordance with the elevator safety
areas and speakers’ platforms (206.7.1), also requires that people with standard that can be used for
wheelchair spaces in assembly areas disabilities be able to maintain visual evacuation. The proposed rule also
(206.7.2), incidental spaces not open to contact with their personal items to the provided requirements for areas of
the public that house no more than five same extent afforded others passing refuge, which are fire-rated spaces on
persons (206.7.3), and various work through barriers. levels above or below the exit discharge
spaces in courtrooms (206.7.4). In the Comment. The proposed rule levels where people unable to use stairs
final rule, provisions have been added specified that people with disabilities be can go to register a call for evacuation
that permit platform lifts where exterior able to maintain visual contact with assistance and wait for it.
site constraints make installation of a their personal belongings while Comment. Many comments supported
ramp or elevator infeasible (206.7.5) and ‘‘passing though’’ security barriers. the Board’s overall effort to harmonize
in residential dwelling units and Comments stated that the maintenance its guidelines with model building
transient lodging guest rooms (206.7.6). of visual contact should be ensured codes and life safety codes. Some
Also included in the final rule are from the accessible route, which may considered this particularly important
provisions developed in separate not coincide with the route through in specifications related to life and fire
rulemakings on recreation and play barriers. safety. To further underscore this effort,
facilities that permit platforms lifts to be Response. Clarification has been it was recommended that the Board
used to provide access to amusement added that ‘‘the accessible route shall directly rely on the International
rides (206.7.7), play equipment and permit persons with disabilities passing Building Code (IBC) in addressing
structures (206.7.8), team or player around security barriers to maintain accessible means of egress.
seating areas in sports facilities visual contact with their personal items Response. Historically, the Board’s
(206.7.9), and boating facilities, fishing to the same extent provided others guidelines have ‘‘piggybacked’’ model
piers, and fishing platforms (206.7.10). passing through the security barrier.’’ building and life safety codes in
Comment. Comments suggested that addressing accessible means of egress,
207 Accessible Means of Egress
the guidelines use the industry term particularly for scoping purposes. The
‘‘platform lifts’’ instead of ‘‘wheelchair Provisions for accessible means of required number was specified
(platform) lifts.’’ The recommended egress are completely revised in the according to the number of means of
term does not suggest that such final rule. Provisions in the proposed egress or exits required by model
platforms are limited to people who use rule were intended to be more building codes. The IBC’s scoping and
wheelchairs. consistent with model building codes technical requirements for accessible
Response. The term ‘‘wheelchair and standards. In the final rule, the means of egress are substantively
(platform) lifts’’ has been replaced with Board has taken this a step further by consistent with the provisions
‘‘platform lifts’’ throughout the directly referencing the scoping and contained in the proposed rule. For
document. technical requirements in the purposes of harmonization and
Comment. Original ADAAG allowed International Building Code (IBC) for simplicity, the Board has replaced these
use of platform lifts where ramps or lifts accessible means of egress. All technical provisions with a reference in section
are infeasible due to existing site criteria for accessible means of egress 207.1 to a specific section of the IBC
constraints (4.1.3(5), Exception 4(d)). (409), including areas of refuge (410) (1003.2.13 in the 2000 edition and 1007
This provision was not included in the have been removed in the final rule. in the 2003 edition).
proposed rule as it was considered Information on the IBC requirements for Comment. In response to the draft
unwarranted in new construction. accessible means of egress is available final guidelines, the National Fire
Strong support was expressed for on the Board’s website at www.access- Protection Association (NFPA) urged
reinstating this exception, particularly board.gov and in advisory notes. the Board to reference its Life Safety
among industry. These comments The proposed rule, consistent with Code (NFPA 101), a voluntary
referred to conditions that could pose model building codes and standards, consensus code which contains scoping
significant challenges to access in new specified at least one accessible means and technical provisions for accessible
construction. of egress for all accessible spaces and at means of egress. NFPA requested that
Response. The provision for existing least two accessible means of egress the final guidelines reference the 2000
site constraints has been reinserted in where more than one means of egress edition of the Life Safety Code in
the final rule at section 206.7.5. It is was required. In addition, it provided a addition to the IBC provisions for
intended to apply to instances where new requirement for an evacuation accessible means of egress.
exterior site constraints posed by the elevator to be provided as an accessible Response. Requirements for accessible
topography make ramp or elevator means of egress in buildings with four means of egress in the IBC are consistent
access infeasible. Although the or more stories above or below the exit with those the Board has proposed.
triggering condition (site constraints) discharge level, which is also consistent Further, they are provided in the IBC in
must be exterior, the permitted platform with model building codes. a discrete section (1003.2.13), which the
lift may in fact be located in the interior The proposed scoping provisions final guidelines specifically reference.
of a building. This clarification is referenced technical criteria for Specifications for accessible means of
provided in an advisory note to this accessible means of egress, including egress in the Life Safety Code are
provision. exit stairways and evacuation elevators provided throughout that document.
Section 206.7.6 permits platform lifts (409). These specifications allowed use Consequently, NFPA’s request would
in residential dwelling units and of exit stairways and elevators that are require a reference to the complete Life
Safety Code. For this reason, the Board in emergencies when power is lost. The of spaces provided at each facility
has retained its references to the IBC for final rule includes a provision that instead of the total number provided on
accessible means of egress. The final allows platform lifts with standby a site, which further serves to inflate the
guidelines do reference NFPA’s power to be part of an accessible means required number of accessible spaces.
National Fire Alarm Code (NFPA 72– of egress where the IBC permits lift Response. Scoping for accessible
1999) with respect to technical access (207.2). This change helps ensure parking spaces (excluding the portion
requirements for visual alarms, further that necessary accessible means of required to be van accessible) has not
discussed below in section 702. egress from spaces served by platform been changed in the final rule. A strong
The Board had considered adding a lifts are maintained in emergencies. difference of opinion exists between
provision, which was included in the those who use such spaces and those
draft of the final guidelines, that would 208 Parking Spaces who must provide or maintain them.
have required accessible means of egress Section 208 specifies the minimum There was no clear consensus among
to be connected to the level of exit number of parking spaces required to be commenters on either side of this issue
discharge by an accessible route. This accessible. In general, required access is on an alternative scoping level.
would have been required except where determined by a sliding scale based on Additionally, the final rule preserves
the floor level is 30 inches or more the total number of spaces provided the application of scoping on a facility-
above or below the level of exit (Table 208.2). This section includes by-facility basis instead of on the total
discharge. In such cases, areas of rescue scoping requirements specific to number provided on a site, consistent
assistance would have been permitted hospital outpatient facilities (208.2.1), with the original ADAAG and the
in lieu of an accessible route to the level rehabilitation facilities and outpatient proposed rule. Clarification to this effect
of exit discharge. The Board sought to physical therapy facilities (208.2.2), that was provided in an advisory note
incorporate a similar provision into the residential facilities (208.2.3), and van in the proposed rule has been added to
IBC. The IBC Committee on Means of spaces (208.2.4). Changes made in the the text of the requirement in 208.2.
Egress did not approve adding such a final rule include: Parking at residential facilities is
provision into the IBC. The IBC • Removing an exception for ‘‘motor addressed in section 208.2.3. Where
Committee and others believed that the pools’’ (208.1, Exception). parking spaces are provided for each
rationale for areas of rescue assistance • Clarifying scoping, including where dwelling unit, at least one parking space
was relevant not just to the levels above multiple parking facilities are provided for each accessible dwelling unit is
and below the exit discharge level, but on a site (208.2). required to be accessible (208.2.3.1).
also to the level of exit discharge itself. • Clarifying requirements for parking The Board has clarified this provision to
The Board’s provision recognized at residential facilities (208.2.3). apply ‘‘where at least one parking space
elevation differentials that would make • Increasing the portion of accessible is provided for each dwelling unit.’’ At
connection by an accessible route very spaces that accommodate vans (208.2.4). least 2% of any additional spaces,
difficult even in new construction. This • Relocation of requirements for where provided, are required to be
recognition, it was argued, should not signage to the scoping section on signs accessible as well (208.2.3.2). The Board
be limited by a specific elevation change (216.5). has amended requirements for guest
(i.e., 30 inches). For purposes of Section 208.1 exempts spaces used parking (208.2.3.3) to include employee
harmonization, the Board has removed exclusively for buses, trucks, other spaces, which is consistent with the
this provision in the final rule. delivery vehicles, law enforcement basic scoping provision applying
Comment. Comments suggested that vehicles, and vehicular impound where generally to all facility types in 208.2.
situations should be addressed where public access lots are provided with Comment. Section 208.2.4 covers van
accessible means of egress should be accessible passenger loading zones. The accessible spaces. The proposed rule
allowed to coincide, such as a space that proposed rule included in this list a specified that one of every eight
provides few wheelchair spaces. reference to ‘‘motor pools,’’ which the accessible spaces, or fraction thereof, be
Response. The final rule includes an Board has removed in the final rule. designed to accommodate vans.
exception acknowledging that accessible Comment. The scoping table in the Technical specifications for van spaces
means of egress can share a common proposed rule specified the minimum provide for a wider access aisle to better
path of egress travel where this is number based on the total number of accommodate lift-equipped vehicles.
permitted for means of egress by local parking spaces provided in a parking Many comments considered this
building or life safety codes (207.1, lot. Commenters indicated that this term number to be wholly insufficient.
Exception 1). could be construed as applying only to People with disabilities who use vans
In addition, the Board has retained in surface lots, even though the reported difficulty finding available van
the final rule an exemption for requirement is intended to apply to spaces which, when provided, are too
detention and correctional facilities parking garages and other types of often already occupied. Recommended
from the requirement for areas of refuge parking structures as well. alternate scoping levels varied, though
(Exception 2). This exception was Response. The Board has replaced the some urged that all accessible spaces be
provided because such areas are references to ‘‘parking lots’’ with the van accessible.
considered a security risk and term ‘‘parking facility,’’ which is more Response. The final rule has been
evacuation is typically supervised in inclusive of the various types of parking revised to require one van space for
these types of occupancies. covered by this section. every six accessible spaces, or fraction
The Board has added a new provision Comment. Persons with disabilities thereof. This change does not increase
specific to platform lifts. The proposed urged an increase in the number of the total number of parking spaces
rule allowed accessible routes to serve parking spaces required to be accessible. required to be accessible, but instead
as accessible means of egress, except for Other commenters, including those increases the portion of such spaces that
wheelchair lifts, which are not representing facility operators, asked for must be accessible to vans. The Board
permitted as part of an accessible means a reduction in this number because made this change due to several factors.
of egress because they are not generally existing accessible spaces are believed In addition to the response from
provided with standby power that to be underutilized. Comments also commenters, anecdotal information
would allow them to remain functional opposed basing scoping on the number clearly suggests that the use of vans by
persons with disabilities is on the rise. long as this does not result in higher This change is consistent with original
In addition, the Board is aware of other parking fees. The Board has clarified the ADAAG’s use of the term ‘‘medical care
entities, such as the State of Maryland, term ‘‘user convenience’’ in a new facility’’ and corresponds with a similar
that have responded to this demand for advisory note. revision made to scoping provisions for
more van spaces by doubling the patient bedrooms in such facilities in
209 Passenger Loading Zones and Bus
required number. Another consideration section 223. In addition, the Board has
is that van spaces are not designated or Stops
clarified that this provision applies only
reserved exclusively for vans; their use In general, at least one accessible to long-term care facilities that are
by people who do not drive vans can passenger loading zone is required for licensed.
impact their availability among every 100 linear feet of loading zone Comment. It was recommended that
accessible spaces. The primary space provided (209.2.1). Additional the guidelines address mechanical
difference between van spaces and requirements address bus loading zones conveyances used to elevate vehicles to
standard accessible spaces is an and bus stops (209.2.2 and 209.2.3), different levels of parking facilities.
additional three feet of aisle width. The medical and long-term care facilities Comments pointed out that model
technical specifications permit the (209.3), valet parking (209.4), and building codes cover facilities providing
additional space to be provided in either mechanical access parking garages these vehicle lifting devices.
the aisle or the space. The Board (209.5). Revisions have been made to: Response. The final rule includes a
believes that the impact of this change • Clarify the basic scoping provision provision for ‘‘mechanical access
is lessened by technical requirements (209.2.1). parking garages’’ that requires accessible
that allow two accessible spaces, • Integrate requirements for bus passenger loading zones at the vehicle
including van spaces, to share the same loading zones and bus stops previously drop-off and pick-up areas. This
aisle. located in a separate chapter covering requirement is consistent with model
The requirement for van spaces transportation facilities (209.2.2 and building codes.
applies to all types of facilities, 209.2.3).
including those that are the subject of • Modify provisions specific to 210 Stairways
special provisions, such as hospital medical care and long-term care
Stairs that are part of a means of
outpatient facilities (208.2.1), facilities (209.3).
egress are required to comply with the
rehabilitation and physical therapy • Address mechanical access parking
guidelines (210.1). Exceptions are
facilities (208.2.2), and residential garages (209.5).
An accessible passenger loading zone provided for certain stairs in detention
facilities (208.2.3). In the proposed rule, and correctional facilities and altered
the reference to rehabilitation and is required for every 100 linear feet of
loading zone space provided. The Board stairs. The final rule modifies the
physical outpatient therapy facilities exception for altered stairs (Exception
covered in 208.2.2 was inadvertently has clarified in the final rule that this
applies to ‘‘fractions’’ of this amount as 2), adds a new exception for aisle stairs
omitted. This reference has been in assembly areas (Exception 3), and
restored in the final rule. well, which is consistent with the intent
of this provision as proposed. incorporates an exception for play
Section 208.3 specifies the location of components developed in previous
accessible parking spaces. This section The proposed rule addressed bus
loading areas and bus stops in Chapter rulemaking on play areas (Exception 4).
has been edited to clarify: Comment. In altered facilities, stairs
• The location of accessible spaces 10 (section 1002.2), which covered
transportation facilities. With the serving levels that are connected by an
generally (208.3.1).
• That an exception allowing van integration of this chapter into the accessible route do not have to comply,
spaces to be clustered applies to ‘‘multi- preceding chapters, the provisions for but must be equipped with complying
story’’ parking facilities (208.3.1, bus loading zones and bus stops have handrails. Comments indicated that this
Exception 1). been incorporated into the general requirement should apply only where
• That ‘‘substantially equivalent’’ or scoping provisions for passenger an alteration affects stairs. Otherwise,
greater access in terms of travel loading zones. This reorganization helps the requirement for complying handrails
distance, parking fee, and user cost and clarify that while these areas function as should not apply.
convenience is the basis upon which passenger loading zones, they are Response. The requirement for
accessible spaces can be located in one subject to different technical criteria. No complying handrails was intended to
facility instead of another (208.3.1, substantive changes have been made to apply only where stairs are modified or
Exception 2). these requirements as part of this replaced as part of an alteration.
• That accessible parking serving reorganization. Clarification has been added in the final
individual residential dwelling units Comment. Accessible passenger rule that the requirement for complying
must be located on the shortest loading zones are required at licensed handrails applies ‘‘when the stairs are
accessible route to the units they serve medical care and licensed long-term altered.’’
(208.3.2). care facilities. The scope of this Comment. The International Building
Comment. Spaces can be located in requirement was not clear to Code and other model building codes
other lots where equal or greater access commenters who asked whether the provide various exceptions for stairs in
would result in terms of travel distance, reference to medical care facilities assembly areas to permit design features
user cost, and convenience (208.3.1, included doctors’ and dentists’ offices, used to accommodate sight lines. Such
Exception 2). Comments requested clinics, and similar types of health care features include unique riser and tread
clarification of the terms ‘‘user cost’’ facilities. dimensions and handrail configurations.
and ‘‘user convenience.’’ Response. The Board did not intend Comments indicated that an exception
Response. In the final rule, the Board this provision to apply to medical should similarly be provided in the
has replaced the reference to ‘‘user cost’’ facilities that do not generally provide guidelines to avoid conflict with model
with ‘‘parking fee’’ which it considered overnight stay. In the final rule, this building codes.
more descriptive. Under this exception, requirement is limited to those medical Response. The final rule exempts aisle
accessible spaces can be located in one and long-term care facilities where the stairs in assembly areas from the
parking facility instead of another so period of stay may exceed 24 hours. requirements for stairs.
211 Drinking Fountains a building and on each of its floors, then apply to rooms, units, and cells not
In addressing drinking fountains, the dual access must be provided at exterior required to be accessible, unless
guidelines cover access for people who locations and on each floor. If drinking otherwise indicated.
use wheelchairs and access for standing fountains are provided on one floor
213 Toilet Facilities and Bathing
persons who may have difficulty only, then the requirement for dual
Facilities
bending or stooping. Where provided, access would apply only to that floor.
Scoping is also applied to ensure dual Section 213 covers access to toilet and
50% of drinking fountains are required bathing facilities, including elements
access in secured areas of facilities, such
to be wheelchair accessible and 50% are and fixtures they contain. Access is
as prisons and jails since circulation
required to be accessible to standing required where toilet and bathing
among occupants may be restricted to
persons (with rounding up or down facilities are provided, though
such an area. In the proposed rule,
permitted in the case of odd numbers). technical criteria applicable to detention exceptions are provided for certain
Generally, this requires at least two and correctional facilities required altered facilities, including qualified
units in order to provide such access. wheelchair access to drinking fountains historic facilities, single user rooms, and
However, single units that provide dual serving accessible housing or holding portable units clustered at a single
access, such as those equipped with two cells (section 807.2.4 in the proposed location (213.2, Exceptions 1 through 4).
spouts or combination high-low types, rule). However, the basic scoping in Substantive changes include an
can substitute for two separate units. section 211 would have applied equally increase in the number of toilet rooms
Scoping requirements apply where to detention and correctional facilities, clustered at a single location required to
drinking fountains are provided on including the requirement for units be accessible and revision of criteria for
exterior sites, on floors, and within designed to accommodate people who unisex toilet and bathing rooms.
secured areas. have difficulty bending or stooping. In Comment. Where single user toilet
This section has been editorially the final rule, an exception has been rooms are clustered at a single location,
revised for clarity and substantively added to clarify that drinking fountains not all are required to be accessible
revised in several respects: serving inaccessible cells only are not (213.2, Exception 4). In the proposed
• References to ‘‘water coolers’’ have required to be accessible (211.1, rule, this exception specified access to
been removed (211). Exception). Those units that serve at least 5% of such toilet rooms. This
• The application of scoping to accessible cells are required to be reduced scoping was limited to those
exterior sites has been clarified (211.1). accessible as required in section 211. toilet rooms containing fixtures
• An exemption for secured areas in provided in excess of the number
detention and correctional facilities has 212 Sinks, Kitchens, and Kitchenettes required by the local plumbing or
been added (211.1, Exception). Scoping provisions in section 212 building code. Comments from people
The proposed rule scoped both require access to kitchens and with disabilities strongly opposed this
drinking fountains and water coolers. kitchenettes, where provided. Where reduction in access from the original
The term ‘‘water coolers’’ typically sinks are provided in each accessible ADAAG, which required all to be
refers to units that are either identical to room or space, at least 5% of each type, accessible. Commenters felt that this
drinking fountains or to furnishings that but no less than one, must be accessible, would severely limit choice and
are not fixed or plumbed. The reference except for mop or service sinks, which availability of accessible toilet rooms at
to water coolers was removed. are exempt. such locations. Some urged that all
Comment. Many comments Comment. In the proposed rule, this toilet rooms clustered at a location
considered this section unduly scoping section referenced ‘‘wet bars’’ should be required to be accessible.
complicated and obscure in potentially along with kitchens and kitchenettes. Response. The exception has been
requiring at least two units where Comments, including those representing modified to allow only half of the toilet
drinking fountains are provided. the hotel and motel industry, rooms clustered at a single location to
Commenters also opposed specific considered this reference to be be inaccessible. This will enhance
recognition of ‘‘high-low’’ units as an unnecessary since such elements are choice and availability of accessible
alternative to two separate units since adequately covered through references toilet rooms while still providing a
other types, such as single bowl units to kitchenettes and sinks. The term ‘‘wet considerable reduction in the amount
with two spouts, are commercially bar’’ could pose a source of confusion required to be accessible relative to the
available. since the guidelines do not provide a original ADAAG. As revised in the final
Response. Section 211 has been definition or specific technical criteria rule, this scoping is not limited to
editorially revised to enhance clarity. for such elements. situations where the fixture count
Section 211.2 now states that ‘‘no fewer Response. The reference to ‘‘wet bars’’ required by the local plumbing or
than two drinking fountains shall be has been removed in the final rule. building code is exceeded. Thus, the
provided’’ with one being wheelchair The proposed rule provided several 50% scoping would apply across the
accessible and the other designed to exceptions which clarified that access to board to facilities clustered at a single
accommodate people who have kitchens and kitchenettes is not location without regard to the required
difficulty bending or stooping. Single required in inaccessible medical care fixture count. The Board made this
units that provide both types of access patient rooms, transient lodging guest change in order to facilitate compliance.
are permitted as an alternative to rooms, dwelling units, or housing cells Comment. Comments advised revising
multiple installations (211.2 Exception). (212.1.1, Exceptions 1 though 4). These requirements for unisex toilet and
Where fractions result (i.e., provision of exceptions have been removed as bathing rooms for greater consistency
an odd number of units), rounding up unnecessary since scoping elsewhere in with model building codes.
or down is permitted. Chapter 2 indicates the number of Recommendations also noted that
In the final rule, scoping has been rooms, units, and cells required to be unisex facilities are also referred to as
clarified as applying to units provided accessible. Those not scoped are not ‘‘single use’’ or ‘‘family’’ toilet and
at ‘‘exterior sites,’’ in addition to those required to be accessible. Thus, none of bathing rooms in some codes.
installed on floors. For example, if the provisions in the guidelines, Response. The requirements for
drinking fountains are provided outside including those for kitchens, would unisex facilities have been revised
according to specifications in the model in the application of this requirement least one shall be accessible ‘‘and shall
building codes (213.2.1). Unisex toilet between men’s and women’s rooms not be located in a toilet compartment.’’
rooms must have a lavatory and privacy since the provision is triggered by the Section 213.3.7 addresses coat hooks
latch and cannot have more than two number of compartments without taking and shelves provided in accessible toilet
toileting fixtures (i.e., two water closets, into account urinals. The number of rooms, toilet compartments, and bathing
or one water closet and one urinal). This toilet compartments in a men’s rooms facilities and references corresponding
differs from the proposed rule which may be lower than in a women’s rooms technical criteria for such elements in
required unisex toilet rooms to have one due to the provision of urinals. these spaces. This provision has been
water closet. Unisex bathrooms must Response. The requirement for relocated for clarity from the scoping
have a lavatory, water closet, privacy ambulatory accessible compartments section covering storage (208). In the
latch, and one shower, and may have a has been revised so that it applies proposed rule, this provision at 228.4
tub in addition to a shower. The equitably between men’s and women’s required such access only if coat hooks
proposed rule permitted either a shower rooms (213.3.1). The provision has been and shelves were provided in
or tub. The final rule also includes a modified to apply where six or more inaccessible toilet rooms or toilet
reference indicating that unisex toilet toilet compartments are provided or compartments. This has been revised in
and bathing rooms are also known as where ‘‘the combination of urinals and the final rule as applying where such
‘‘single use or family’’ facilities. water closets totals six or more elements are provided without regard to
Editorial revisions made to the fixtures.’’ inaccessible rooms and compartments.
scoping provisions for toilet and bathing Comment. Where urinals are 214 Washing Machines and Clothes
facilities include: provided, the proposed rule specified at
• Clarification of the requirement that Dryers
least one to be accessible. Comments,
toilet and bathing facilities be provided No substantive changes have been
particularly those from industry, urged
on an accessible story in facilities made to scoping requirements for
that this requirement be removed. Some
exempt from the requirement for an washing machines and clothes dryers.
comments questioned the degree to
elevator where toilet and bathing Editorial changes made to this section
which men with disabilities use or
facilities are provided (213.1). include changing the section’s title from
prefer urinals over water closets. Several
• Relocation of requirements for signs ‘‘Laundry Equipment’’ to ‘‘Washing
comments indicated that some building
(213.2.2 in the proposed rule) to the Machines and Clothes Dryers’’ for
codes have been revised to permit stall-
signage scoping section (216.8). consistency with the references used in
• Removal of exceptions for toilet and type urinals, which can facilitate the
the scoping provisions.
bathing rooms serving inaccessible emptying of leg bags.
patient rooms, guest rooms, dwelling Response. The Board believes that 215 Fire Alarm Systems
units, and cells (213.2, Exceptions 5 access to urinals should be required to Section 215 covers fire alarms, which
through 8 in the proposed rule). preserve a degree of choice in the type are required to comply where audible
The proposed rule provided several of toilet fixtures available. However, the fire alarms are provided. Provisions are
exceptions which clarified that access is scoping requirement has been revised to included that are specific to public use
not required to toilet and bathing apply where more than one urinal is and common use areas (215.2), work
facilities serving inaccessible medical provided. Thus, accessible urinals are areas (215.3), transient lodging guest
care patient rooms, transient lodging not required in toilet rooms equipped rooms (215.4), and residential dwelling
guest rooms, dwelling units, or prison with one urinal. units (215.5).
and jail cells (213.2, Exceptions 5 Editorial changes made to scoping Substantive changes made in the final
through 8). Similar to corresponding provisions in 213.3 for plumbed fixtures rule concern existing facilities, work
exceptions for kitchens and kitchenettes and accessories include: areas, and other types of emergency
in 212, these exceptions have been • Removing as unnecessary the alarm systems. Editorial changes
removed as unnecessary since scoping distinction between toilet compartments include the addition of references to
elsewhere in Chapter 2 indicates the and toilet rooms in scoping accessible transient lodging facilities and
number of rooms, units, and cells water closets (213.3.1, 213.3.2). residential dwelling units, which are
required to be accessible. Those not • Clarifying the prohibition on subject to specific requirements for fire
scoped are not required to be accessible, accessible lavatories being placed in alarms in other scoping provisions in
including toilet and bathing facilities toilet compartments (213.3.4). sections 224 and 233, respectively.
serving them. • Removing references to operable Fire alarm systems required to be
Section 213.3 addresses plumbed parts dispensers, and receptacles, as accessible must have visual appliances
fixtures and accessories. Substantive such elements are generally covered by which serve people who are deaf or
changes have been made to scoping scoping in 205 (213.3.6 in the proposed hard of hearing. The advisory committee
provisions for ambulatory accessible rule). had recommended an exception that
toilet compartments (213.3.1) and • Relocation and modification of a would require visual appliances in
urinals (213.3.3). scoping provision for coat hooks and alterations only where a fire alarm
Comment. The proposed rule, shelves in toilet and bathing rooms and system is upgraded or replaced or a new
consistent with the original ADAAG, toilet compartments (213.3.7). system installed. Such an exception
required that access for people who are Comment. At least one accessible would recognize that fire alarms are
ambulatory be provided, in addition to lavatory is required in toilet and bathing often complex building-wide systems
wheelchair accessible compartments, in rooms. This required accessible lavatory that cannot necessarily be brought into
toilet rooms with six or more toilet cannot be located in a toilet compliance with requirements for visual
compartments. Ambulatory accessible compartment. Comments agreed with appliances on a piecemeal basis. The
stalls feature parallel grab bars on both this provision, but requested that it be Board had not included this exception
sides and a self-closing door and are restated more clearly in the final rule. in the proposed rule because it
designed to accommodate people who Response. The provision has been considered the basic application
may have difficulty walking, sitting, or revised for purposes of clarity to state provisions for alterations in section
rising. Comments pointed to a disparity that where lavatories are provided, at 202.3 to be sufficient. In general, these
provisions apply requirements of the the work. Responses on alternative specifications for guidelines that are
guidelines according to the scope of an methods included low tech suggestions national in scope.
alteration to the degree that compliance such as pagers, a buddy system, and Response. The scoping requirement
is ‘‘technically feasible.’’ The Board has other solutions that involve non-fixed for other types of alarms has been
reconsidered this decision and has elements or operational methods and removed in the final rule. The Board did
included an exception in the final rule are thus outside the scope of these not want to scope an element absent
for consistency with the International guidelines. Many people who have reliable technical specifications. The
Building Code and the National Fire photosensitive epilepsy and Board will consider bringing this matter
Protection Association code (NFPA 72). organizations representing them to the attention of international model
The exception clarifies that alterations acknowledged that visual alarms are codes and standards organizations in
affecting fire alarm systems partially, or necessary in public use and common the future.
in a limited manner, do not trigger use areas but urged the Board to treat
requirements for visual appliances 216 Signs
employee work areas differently. These
(215.1, Exception). However, alterations commenters expressed concern that Scoping requirements for signs cover
that involve the upgrade or replacement visual appliances in employee work room designations (216.2) and
of an existing alarm system or the areas could pose barriers to the directional and informational signs
installation of a new system are subject employment of people who have (216.3). The guidelines also include
to the requirements for visual alarms. photosensitive epilepsy. Activation of provisions specific to certain elements
The Board intends the exception at visual appliances in work areas on an and spaces, including parking,
215.1 to be applied in the same manner as-needed basis does not provide a entrances, means of egress, and toilet
and to have the same meaning as is practicable solution as most codes, and bathing rooms. In the proposed
common practice in a similar exception standards, and local laws prohibit rule, these requirements were located at
provided in the model codes upon deactivation of fire alarm appliances. the scoping or technical sections
which this exception is based. Upgrades Response. The Board has removed the covering the elements and spaces. In the
to the fire alarm system are changes to requirement for visual alarms in final rule, all scoping requirements
the system infrastructure and are not employee work areas. Instead, the final specific to signs have been localized in
changes to individual system rule only requires that work areas be section 216.
components. For example, replacing the designed so that compliant visual Section 216.1 exempts certain types of
main fire alarm control panel which appliances can be integrated into the signs, including building directories,
permits fire alarms to be better menus, building names, temporary
alarm system (215.3). This provision,
integrated with other building systems signs, and signs provided in non-public
which applies only where work areas
or with off-site monitoring services use spaces of prisons and jails. In the
have audible alarm coverage, will
would be considered an upgrade to the proposed rule, these exceptions were
facilitate accommodation of employees
fire alarm system. In addition, replacing listed separately among provisions for
who are deaf or hard of hearing as
or increasing the main power supply to room designations and directional or
required under title I of the ADA. The
the fire alarms would be an upgrade to informational signs. For simplicity, they
specification does not require electrical
the fire alarm system. However, adding have been relocated as exceptions to the
service to support wiring for visual
or relocating individual visible or
appliances throughout all employee general scoping provision (216.1) which
audible notification devices is not an
work areas. The specification merely exempts them from this section entirely.
upgrade to the system.
Comment. The proposed rule requires that the wiring be placed so In addition, the final rule includes new
included a requirement for visual that it can be tapped into from the exceptions for:
alarms in employee work areas that are location of employee work areas. The • Seat and row designations in
served by audible alarms (203.3). Board believes that the surplus assembly areas (Exception 1).
Employee work areas are exempt from electrical service typically provided • Occupant names (Exception 1).
most other requirements in the should be sufficient for the incidental • Company names and logos
guidelines under an exception at 203.9. installation of visual alarms. (Exception 1).
In order to gauge the impact of this Comment. The Board proposed • Signs in parking facilities
requirement, the Board posed several covering facility alarm systems (other (Exception 2).
questions that sought comment on: how than fire alarm systems) that do not The Board included exceptions for
frequently alarm systems are typically instruct occupants to evacuate the occupant names, and company names
replaced or upgraded in such a manner facility but provide other warning and logos, which is consistent with its
that the requirement would be triggered information, such as those used for interpretation of the original ADAAG
in existing facilities (Question 5), other tornado warnings and other provisions and the intent of the
alternatives that would provide a emergencies. The proposed requirement proposed rule. These added exceptions
comparable level of life safety for (215.2 in the proposed rule) specified clarify that the names of stores in
employees who are deaf or hard of audible and visible signals but did not shopping malls, building names, and
hearing (Question 6), and limiting the reference any specific technical criteria, similar types of signs are exempt from
number of visual appliances for the including any addressing placement or these requirements. A new exception
benefit of people who have photometric characteristics. Instead, the exempts signs in parking facilities from
photosensitive epilepsy (Question 7). Board sought comment on what these compliance with the signage provisions
Comments indicated that alarm systems characteristics should be, particularly of section 216 except those covering
are typically replaced on a 10–15 year where differentiation from fire alarm means of egress (216.4) and designation
cycle. However, some indicated that the system signals is important (Question of accessible parking spaces (216.5).
electrical service supporting the alarms 9). Many commenters supported Comment. Commenters requested that
is not necessarily replaced or upgraded ensuring that such alarm systems are seat and row designations in assembly
when alarms systems are, which may accessible to people who are deaf or areas be exempt from the requirements
preclude opportunities to easily add hard of hearing, but no information was for signage. It was also suggested that an
more appliances to the system as part of received on appropriate technical exemption be provided for signs in
parking facilities which are intended for previously issued for recreation Response. The final rule restores the
use by vehicle drivers. facilities). requirement for van spaces to be
Response. An exception has been Substantive changes have been made designated as ‘‘van accessible,’’ which is
included in the final rule for seat and to provisions for means of egress, provided in the technical criteria for
row designations and signs in parking parking, assistive listening systems, and parking (502).
facilities. check-out aisles. Comment. Signs are required to
Comment. Comments requested Section 216.4 provides specific indicate the availability of assistive
clarification on what constitutes a requirements for means of egress, listening systems, which are required in
‘‘temporary’’ sign. including exit doors, areas of refuge, certain assembly areas (216.10). In the
Response. The Board has interpreted and directional signs. The proposed rule proposed rule, such signs were required
this reference, which is included in the required tactile signs at exit doors and at ticket offices and windows.
original ADAAG, as pertaining to signs provided specific requirements for areas Comments pointed out that some
that are posted for a short duration. For of refuge and directional signs. These assembly areas subject to this
greater clarity, the Board has described specifications are substantively revised requirement may not have ticket offices
temporary as ‘‘seven days or less’’ in the in the final rule. The requirement for or windows.
final rule. exit doors (216.4.1) has been clarified as Response. In the final rule, the
Section 216.2 covers designations of applying to ‘‘doors at exit passageways, requirement has been revised to require
permanent rooms and spaces, including exit discharge, and exit stairways.’’ In signs for assistive listening systems at
pictograms provided as part of such the final rule, scoping requirements for each assembly area required to provide
signs. These types of signs are required means of egress and areas of refuge have an assistive listening system, but an
to be tactile through the provision of been revised to reference provisions in exception allows such signs to be
braille and raised characters. This located at a ticket office or window
the International Building Code (IBC) as
provision has been editorially revised instead, where provided.
discussed above in section 207.
and simplified in the final rule, though Comment. Section 216.11 requires
Corresponding changes have been made
its application remains basically identification of accessible check-out
to signage requirements for areas of
unchanged. For example, the term aisles. The proposed rule required that
refuge (216.4.2) and directional signs
‘‘permanent’’ as a descriptor of the types this identification be placed in the same
(216.4.3) which now reference the
of designations covered has been location as the identifying number or
respective IBC signage specifications for
removed as unnecessary since opposite type of check-out aisle. Commenters
scoping. Such signs must be provided
types (‘‘temporary’’) are exempted. noted that not all check-out aisles are
where required by the IBC but are
Comment. Some comments distinguished by numbers. They
subject to technical specifications in
considered the scoping provision for recommended that the guidelines
these guidelines at section 703.
room designations difficult to should be revised to ensure access to
Accessible parking spaces are each type of aisle serving a different
understand. required to be designated by the
Response. In the final rule, function, such as express aisles or cash-
International Symbol of Accessibility only aisles.
requirements for designations in section according to 216.5. This provision was
216.2 have been simplified without Response. The requirement for
located at 208.3 in the proposed rule. identification of check-out aisles has
substantive change. Exemptions are provided for small lots
Information and directional signs are been revised to require that accessible
(Exception 1) and spaces individually designations be located in the same area
addressed by 216.3. These types of signs
assigned to residential dwelling units as the number, letter, or function
are not required to be tactile but are
(Exception 2). Under the first exception, identifying the check-out aisle. The
subject to requirements for visual
accessible spaces in lots with four or proposed rule required that accessible
legibility and contrast. Signs providing
fewer spaces are not required to be designations are not required where ‘‘all
direction to or information about
identified as accessible (i.e., reserved check-out aisles in the facility are
interior spaces and facilities are
solely for use by people with accessible.’’ This provision, which is
required to comply. In the final rule, the
disabilities). This exception is intended reformatted as an exception in the final
Board has removed ‘‘permanent’’ as a
to mitigate the impact of a reserved rule, has been revised to apply where
descriptor of the type of rooms and
space in very small lots and stems from ‘‘all check-out aisles serving a single
facilities covered in this provision.
model building codes. In the final rule, function’’ are accessible.
Various signage requirements specific
the scope of this exception was revised
to certain spaces and elements have 217 Telephones
by changing the maximum lot size
been relocated for simplicity and ease of
eligible for it from five to four. The Access to telephones is covered for
reference to section 216. These
exception for residential dwelling unit people who use wheelchairs and those
provisions include:
• 216.4 Means of Egress (from 207.3, spaces has not been changed. who are deaf or hard of hearing. Scoping
410.7, 410.8). Comment. The proposed rule applies to various public telephones,
• 216.5 Parking (from 208.3). removed a requirement that the access including coin and coin-less pay
• 216.6 Entrances (from 206.4.8). designation for van parking include the telephones, closed-circuit telephones,
• 216.7 Elevators (from 407.5.7). term ‘‘van accessible’’ to clarify that courtesy phones, and other types of
• 216.8 Toilet Rooms and Bathing both car and van drivers can use such public telephones (217.1). Provisions
Rooms (from 213.2.2 and 213.2, spaces, as was the original intent of are provided for wheelchair access
Exception 4). ADAAG. Many comments strongly (217.2), volume controls (217.3), and
• 216.9 TTYs (from 217.4.9). opposed this change. While some may TTYs (217.4), which are devices that
• 216.10 Assistive Listening have misinterpreted it as removal of the enable people with hearing or speech
Systems (from 219.4). requirement for van accessible spaces, impairments to communicate through
• 216.11 Check-Out Aisles (from others considered this designation the telephone. Revisions made in
227.2.1). important in encouraging car drivers to finalizing the guidelines include:
• 216.12 Amusement Rides use other accessible spaces over those • Clarifying coverage of courtesy
(incorporated from guidelines designed to accommodate vans. phones (217.1).
• Applying requirements for was proposed. This is consistent with change from the technical section to this
wheelchair accessible telephones to other Board guidelines and standards section as they scope specific technical
exterior sites (217.2). covering access to telecommunications provisions. These technical provisions
• Adding an exception for drive-up products and electronic and information are now located in section 810.
public telephones (217.2). technology. Section 255 of the
• Increasing scoping for volume 219 Assistive Listening Systems
Telecommunications Act of 1996,16 a
controls on public telephones (217.3). comprehensive law overhauling This section covers requirements for
• Clarifying the application of TTY regulation of the telecommunications assistive listening systems and receivers
scoping requirements to exterior sites industry, requires telecommunications in assembly areas. Section 219.2
(217.4.4). products and services to be accessible. requires an assistive listening system in
• Incorporating requirements for The Board was assigned responsibility each assembly area where audible
transportation facilities, including rail to issue guidelines pursuant to section communication is integral to the space
stations and airports, that were 255, which are known as the and audio amplification is provided.
previously located in Chapter 10 Telecommunications Act Accessibility However, in courtrooms this
(217.4.7). Guidelines.17 These guidelines require requirement applies whether or not
• Relocating TTY signage all public telephones to be equipped audio amplification is provided. Section
requirements from 217 to the signage with volume controls. A similar 219.3 specifies the minimum number of
scoping section (216.9). requirement is contained in standards 18 receivers according to a sliding scale
Comment. Section 217.1 lists various the Board issued under section 508 of based on the seating capacity of the
types of public telephones covered by the Rehabilitation Act of 1973, as assembly area.
this section. Commenters requested that amended,19 which requires access to Comment. Facility operators urged the
courtesy phones be addressed along electronic and information technology Board to lower the required number of
with other types of public phones. developed, procured, maintained, or receivers because, in their view, the vast
Response. The Board has interpreted used by Federal agencies. Since all new majority of provided receivers go
the reference to ‘‘public telephones’’ as phones are to be equipped with volume unused. This is especially true at
including courtesy phones but has controls, the requirement for identifying facilities with multiple assembly areas,
included a specific reference to them in signage (a specified pictogram featuring such as multi-screen movie theaters,
217.1 so that their coverage is clear. a handset with radiating sound waves) where receivers are provided for each
Such phones are subject to requirements has been removed. assembly area.
for wheelchair access and volume General scoping for TTYs in 217.4 Response. In the final rule, the Board
controls, but they are not covered by includes provisions specific to floors, has clarified that the minimum number
TTY requirements, which apply only to buildings, and exterior sites and is to be based on each assembly area.
public pay telephones. distinguishes between private and Thus, where a facility has multiple
Comment. Some commenters seemed public facilities. In private buildings assembly areas, the required number is
unclear on whether requirements for (i.e., places of public accommodation to be determined individually for each
wheelchair access applied to exterior and commercial facilities) where four or assembly area based on its seating
installations. more pay phones are provided at a bank, capacity. However, the Board also has
Response. Scoping for wheelchair within a floor, building, or on an included an exception which would
access in 217.2 was intended to cover exterior site, a TTY is required at each permit the minimum number to be
interior and exterior public telephones. based on the combined seating capacity
such location. A lower threshold is
As proposed, this provision required of multiple assembly areas as an
provided for public buildings (i.e., State
access to at least one telephone on a alternative if two conditions are met: all
and local government facilities) where
floor or level and, where multiple banks receivers are usable with all provided
one pay telephone on a floor or within
are provided, each bank. In the final assistive listening systems; and all
a public use area of a building triggers
rule, the Board has added clarification assembly areas required to have such
the requirement for a TTY. In the final
that the requirements for wheelchair systems are under the same
rule, the Board has clarified references
accessible phones apply to exterior management (219.3, Exception 1). This
to ‘‘site’’ as being specific to ‘‘exterior
sites, in addition to floors and levels. allows ‘‘mix and match’’ types of
sites’’ to avoid confusion that may arise
Comment. Comments to the draft of receivers to generally serve such
since the term ‘‘site,’’ by itself, can be
the final guidelines noted that some facilities.
read to include the buildings on a site. Comment. Assistive listening systems
public telephones are intended for use This change helps clarify that TTY
only from vehicles and recommended are generally categorized by their mode
scoping requirements for exterior of transmission. There are hard-wired
that they be exempt from the installations is to be satisfied
requirements for wheelchair access. systems and three types of wireless
independently from those applicable to systems: induction loop, infrared, and
Response. An exception has been interior locations.
added in the final rule that exempts FM radio transmission. Induction loop
drive-up-only public telephones from 218 Transportation Facilities systems use a wire loop to receive input
the requirements for wheelchair access Section 218 provides requirements for from a sound source and transmit sound
(217.2, Exception). rail stations, fixed guideway systems, by creating a magnetic field within the
Comment. Comments from persons bus shelters, and other transit facilities, loop. The loop may surround all or part
who are hard of hearing sought an such as airports. These provisions are of a room and can be installed in
increase in the number of phones based on requirements located in ceilings, floors, or walls. Listeners must
required to have volume control. The Chapter 10 in the proposed rule. They be sitting within the loop and have
proposed rule specified a minimum of have been relocated without substantive either a receiver or a hearing aid with
25%, but many urged that all public a telecoil. People with telecoil hearing
phones should have volume control. 16 47 U.S.C. 153, 255. aids do not need to use a receiver. In
Response. In the final rule, all public 17 36 CFR part 1193. view of this benefit, comments to the
telephones are required to be equipped 18 36 CFR part 1194. draft of the final guidelines
with volume control instead of 25%, as 19 29 U.S.C. 794 (d). recommended that the requirement for
receivers specifically recognize that luxury boxes, club boxes, suites, and ADAAG Review Advisory Committee.
fewer hearing-aid compatible receivers other types of boxes. Substantive The advisory committee had
can be specified for induction loop changes made in the final rule include: recommended a 0.5% scoping
systems. • Limiting the requirements for requirement for assembly areas with
Response. Section 219.3 specifies the wheelchair spaces to assembly areas over 500 seats based on similar
minimum number of receivers for with fixed seating (221.2). information concerning usage. Industry
assistive listening systems, including • Lowering scoping for assembly comments considered 0.5% as more
the number of receivers that are hearing- areas with over 500 seats (Table than adequate in meeting the demand
aid compatible. In the final rule, the 221.2.1.1). for accessible seating.
Board has added an exception for • Adding a new provision for box Response. The Board has reduced the
assembly areas where all seats are seating (221.2.1.3). scoping for wheelchair spaces in
served by an induction loop system • Clarifying requirements for assembly areas with more than 500
(219.3, Exception 2). Under this integration of wheelchair spaces seats. Scoping has been reduced from
exception, the additional amount of (221.2.2). 1% to a ratio of 1 wheelchair space for
receivers required to be hearing-aid • Revising and relocating dispersion every 150 seats in assembly areas with
compatible is not required at all. For requirements for wheelchair spaces 501 to 5,000 seats. This is required on
example, at an assembly area with a (221.2.3). top of a requirement of six wheelchair
seating capacity of 500, a total of 20 • Modifying provisions for spaces, consistent with the scoping
receivers would generally be required companion seating (221.3) and count for the first 500 seats. A further
and at least 5 of this number would designated aisle seating (221.4). reduction to 0.5% scoping, the level
have to be hearing-aid compatible. • Adding a new provision for lawn recommended by the ADAAG Review
Under the exception for induction loop seating (221.5). Advisory Committee, is specified for
• Removing a specification assembly areas with over 5,000 seats.
systems that serve all seats of an
concerning vertical access (221.5 in the The 0.5% scoping requirement is
assembly area, at least 15 receivers
proposed rule). applied on top of a requirement for 36
would be required instead of 20. The Board has clarified in the final
Requirements for signs indicating the spaces, which follows the scoping level
rule that wheelchair spaces are required for the first 5,000 seats. For example, in
availability of assistive listening systems
in assembly areas with ‘‘fixed seating.’’ assembly facilities with 5,000 seats, the
has been relocated from this section to
This is consistent with the original final rule requires that at least 36 spaces
the scoping section on signage (216.10).
ADAAG, but not the proposed rule, be accessible, whereas the scoping in
Revisions to these provisions are
which did not specify that seating had the proposed rule would have specified
discussed above in section 216.
to be fixed. This descriptor was restored 51 spaces minimum. The minimum
220 Automatic Teller Machines and because it is fixed seating that typically number for facilities with 10,000 seats is
Fare Machines defines wheelchair spaces as a 61 (reduced from 101), and for those
No substantive changes have been permanent feature, consistent with the with 50,000 seats is 261 (reduced from
made to the scoping provisions for scope of these guidelines. 501).
automatic teller machines and fare Comment. The minimum number of Comment. In certain performing arts
machines. Most comments on these wheelchair spaces is specified according facilities, seating may be provided in
types of machines concerned technical to a sliding scale. A lower percentage is tiered boxes for spatial and acoustical
specifications and are discussed below specified for larger facilities. The purposes. Often, steps are located on the
in section 707. proposed rule specified 1% scoping (on route to these boxes. The proposed rule
top of 6 required wheelchair spaces) for was not clear on how the scoping and
221 Assembly Areas assembly areas with over 500 seats. dispersion requirements would apply in
Provisions in section 221 for Comments from industry recommended these types of facilities. Comments
accessible assembly areas cover general that scoping should be lowered for noted that requiring accessible routes to
scoping (221.1), wheelchair spaces larger facilities since industry surveys all boxes would fundamentally affect
(221.2), companion seats (221.3), aisle indicate that the vast majority of this type of design and recommended
seating (221.4), and new provisions for wheelchair spaces, particularly in that an exception be made for such
lawn seating (221.5). stadiums and arenas, often go unused. A venues.
Section 221.1 contains a general coalition representing major sports Response. Wheelchair spaces are
charging statement that assembly areas leagues, teams, and facilities throughout required to be provided in each luxury
provide wheelchair spaces, companion the U.S. conducted a two-year survey of box, club box, and suite according to a
seats, and designated aisle seats. The usage of wheelchair spaces at 40 major scoping table (221.2.1.2). The Board has
proposed rule contained a similar arenas and stadiums during basketball, clarified in the final rule that this
statement that provided an illustrative hockey, and baseball events. This requirement applies where such boxes
list of assembly areas covered by this survey found that of the 1% of seats and suites are provided in ‘‘arenas,
section, such as motion picture houses, made accessible in arenas, stadiums, and grandstands.’’ A new
theaters, stadiums, arenas, concert halls, approximately 12% (0.12% of the total provision has been added for other
courtrooms, and others. This list has number of seats) were occupied by types of assembly facilities, such as
been incorporated into the definition of persons using wheelchairs; the assessed certain performing arts facilities, that
‘‘assembly area’’ in section 106.5. usage rate at baseball stadiums was 7% may have tiered box seating (221.2.1.3).
Section 221.2 covers the required of the accessible seats (0.07% of the Under this provision, wheelchair spaces
number, integration, and dispersion of total number of seats). The coalition are determined according to the total
wheelchair spaces. The minimum considered the 1% minimum scoping number of fixed box seats and are
number of wheelchair spaces is far in excess of the demonstrated need required to be dispersed among at least
specified according to the total number in large sports arenas. These and other 20% of the boxes. For example, if an
of seats provided in an assembly area industry comments urged the Board to assembly area has 20 boxes with five
(Table 221.2.1.1). This requirement reduce the required number to at least fixed seats each (totaling 100 seats), at
applies to seating generally, as well as the amount recommended by the least four wheelchair spaces would be
required according to the scoping table. questions posed by the Board in the lines of sight comparable to those
These four wheelchair spaces would proposed rule. The specifications of available to the general public. The
have to be dispersed among at least four section 221.2.3 replace those in the Board questioned whether this
(20%) of the 20 boxes. This requirement proposed rule that were included in the restatement was sufficient and sought
clarifies that each box does not have to technical criteria for wheelchair spaces comment on whether this provision
be treated separately as a discreet at section 802.6. should be enhanced to require ‘‘lines of
assembly facility individually subject to In the final rule, the Board has added sight equivalent to or better than’’ those
the scoping table, as is the case with exceptions to the requirement for afforded the majority of other spectators
luxury boxes and club boxes. horizontal dispersion. Horizontal in the same seating class or category
A provision for team and player dispersion is not required in assembly (Question 43). Disability groups and
seating areas is included in the final areas with 300 seats or less where persons with disabilities strongly
rule (221.2.1.4). This provision, which wheelchair spaces and companion seats favored such a change to ensure
derives from the Board’s guidelines for are provided in the center sections of a equivalency in the viewing experience.
recreation facilities, requires at least one row (the second or third quartile) According to these comments, the
wheelchair space in team or player instead of at the ends (221.2.3.1, proposed rule would permit location of
seating areas serving areas of sports Exception 1). This exception derives wheelchair spaces in a manner that
activity. An exception is provided for from the ANSI A117.1–2003 standard compromises the quality of viewing
seating areas serving bowling lanes. and recognizes that viewing angles at angles. Industry opposed holding
Under section 221.2.2, wheelchair the mid-sections of rows are generally wheelchair spaces to a higher standard
spaces must be integrated throughout better than those at the ends of rows. In in terms of the quality of viewing
seating areas. In the final rule, the Board addition, the Board has clarified that angles. Such commenters pointed to
has clarified this requirement to state two wheelchair spaces can be paired, practical complications in comparing
that wheelchair spaces ‘‘shall be an but each must have a companion seat, viewing angles between wheelchair
integral part of the seating plan.’’ as required by 221.3 (221.2.3.1, spaces and inaccessible seating.
The original ADAAG required that Exception 2). This exception applies to Response. The Board has revised the
wheelchair spaces be provided so that all assembly areas, not just those with specification for dispersion so that
users are afforded a choice in sight lines 300 or fewer seats. persons using wheelchair spaces are
that is comparable to that of the general Assembly areas with 300 or fewer provided ‘‘choices of seating locations
public. Thus, while individuals who use seats are not required to have vertically and viewing angles that are
wheelchairs need not be provided with dispersed wheelchair spaces so long as substantially equivalent to, or better
the best seats in an assembly area, the spaces provide viewing angles that than, the choices of seating locations
neither may they be relegated to the are equal to or better than the average and viewing angles available to all other
worst. In this rulemaking, the Board has viewing angle (221.2.3.2, Exception 1). spectators’ (221.2.3). This provision
sought to clarify specifications for lines An exception from the vertical ensures equivalency in the range of
of sight from wheelchair spaces. dispersion requirement is provided for viewing angles provided between
Specifically, the final rule clearly bleachers which allows spaces to be wheelchair seating and all other seats. It
recognizes that viewing angles are provided only in the point of entry recognizes, but does not mandate, a
essential components of lines of sight (221.2.3.2, Exception 2). better range of viewing angles for the
and that various factors, such as the Comment. The proposed rule required users of wheelchair spaces.
distance from performance areas and the dispersion that provides ‘‘a choice of Comment. The proposed rule, like the
location of wheelchair spaces within a admission prices * * * comparable to original ADAAG, required dispersion of
row, also greatly determine the quality that provided to other spectators.’’ wheelchair spaces in assembly areas
of sight lines. Comments from designers indicated that with more than 300 seats. The Board
Section 221.2.3 covers dispersion of the admission price criterion is sought comment on whether this trigger
wheelchair spaces and lines of sight. problematic since prices are not should be lowered so that dispersion
Wheelchair spaces are required to be typically known in the design and would be provided in smaller assembly
dispersed to provide users with choices construction phase. Accommodating spaces (Question 42). The Board was
of seating locations and viewing angles choice in admission price is more concerned about the possible impacts of
substantially equal to or better than the realistically addressed as an operational such a change on certain assembly
choices afforded all other spectators. matter by facility operators and types, such as stadium-style cinemas,
Spaces must be dispersed horizontally managers. and sought further information on their
and vertically. Horizontal dispersion Response. The Board believes that the design, including the average number of
pertains to the lateral, or side to side, dispersion requirement pertaining to seats provided per screen. Designers and
location of spaces relative to the ends of admission prices is better addressed by operators of all types of assembly
rows. Provisions for vertical dispersion regulations, such as those maintained by facilities were encouraged to comment
address the placement of wheelchair the Department of Justice under the on the impact of reducing the triggering
spaces at varying distances front to back ADA, that govern policies and point from 300 to 250, 200, or 150 seats.
from the performance area, screen, or procedures, instead of by these design Quality sight lines in facilities where
playing field. Exceptions from the guidelines. The reference to admission dispersion may not be required, such as
dispersion requirements are provided prices has been removed from the stadium-style theaters, was a primary
for assembly areas with 300 seats or requirement for dispersion. concern voiced by commenters with
less. In addition, an exception from the Comment. The proposed rule also disabilities. The majority of comments
lines of sight and dispersion addressed dispersion in terms of sight recommended lowering the threshold
requirements is provided for wheelchair lines and required ‘‘a choice of * * * for dispersion requirements, though
spaces in team or player seating areas viewing angles comparable to that there was little consensus on a specific
serving areas of sports activity. Various provided to other spectators.’’ This alternative number.
changes have been made to the provision was intended to clarify a Response. The point at which
requirements for dispersion based on requirement in the original ADAAG that dispersion is required (over 300 seats)
comments and responses to a number of wheelchair spaces provide a choice in has been retained in the final rule.
Dispersion is not required in assembly whether the term ‘‘varying distances’’ as exempt under original ADAAG
areas with 300 or fewer seats provided provides sufficient guidance in specifications.
that certain conditions concerning achieving dispersion (Question 41). The Response. The final rule includes an
viewing angles are met. These Board asked whether a minimum exception for bleacher seating that
conditions are specified in relation to separation between horizontal rows allows spaces to be provided in the
horizontal and vertical dispersion. should be specified. Most comments, point of entry only (221.2.3.2, Exception
Comment. In smaller facilities where including those from individuals with 2). An advisory note clarifies that
dispersion of wheelchair spaces is not disabilities and from industry, ‘‘points of entry’’ at bleachers may
required (i.e., those with no more than considered this term too vague and include cross aisles, concourses,
300 seats), the placement of the supported a more specific or vomitories, and entrance ramps and
wheelchair spaces in relation to other quantifiable requirement. Few specific stairs.
seating acquires greater significance alternatives to this language were Comment. In costing out changes
because wheelchair users are not offered recommended. made in the proposed rule, the Board
a choice of viewing angles. Therefore, in Response. The Board has retained the estimated that vertical dispersion
order to ensure equal opportunity for reference to ‘‘varying distances’’ in the requirements could cost as much as $11
people who use wheelchairs in final rule (221.2.3.2). Since the million for each ‘‘large’’ (50,000 seats)
assembly areas in which dispersion is requirement applies to a wide variety of stadium or arena to provide vertical
not required, wheelchair spaces must assembly facilities of different sizes and dispersion in uppermost decks.
provide lines of sight that are designs, the Board does not consider it According to the Board’s regulatory
comparable to those provided for most practical to specify a particular vertical assessment, ‘‘in order to accommodate
of the other patrons in the assembly separation or distance requirement. the additional dispersion required by
area. The Board sought comment on Meeting the requirement for vertical this item, it is assumed that an upper
whether this requirement, specific to dispersion is highly relevant to the size deck concourse will be required for the
facilities where dispersion is not of the facility, the range of sight lines facility. These large facilities generally
mandated, should require lines of sight available, elevation changes, and other have a lower deck, a middle deck (with
from wheelchair spaces that are design characteristics. Clarification has suites and/or club level amenities), and
equivalent to or better than the line of been added that the dispersion an upper deck. The steep slopes used in
sight provided for the majority of event requirement pertains to the distance the upper deck make it impractical to
spectators (Question 44). Persons with from the ‘‘screen, performance area, or accommodate accessible routes with
disabilities and organizations playing field.’’ The proposed rule made more than a minimal change in level up
representing them unanimously backed reference only to performance areas. or down from the vomitory access point
this provision. The issue was This revision clarifies coverage of within the seating bowl. The dispersion
considered particularly relevant in elements and events, such as movie requirement based on admission pricing
stadium-style seating and other smaller screens and sporting events. and the vertical dispersion requirement
assembly areas where, despite the Comment. The proposed rule will generally require that a more
requirements for comparable lines of reflected the importance of providing substantial change in level be
sight in the original ADAAG, individuals with disabilities with accommodated outside the seating bowl
wheelchair spaces are typically located selections from a variety of vantage for the upper deck area. It is assumed
only in the front or back rows. points to enjoy performances and that an additional concourse, of 50,000
Response. The final rule makes the sporting events. The Board requested square feet in area, will be used to
provision of equivalent lines of site a comment on whether there are provide access to the upper deck at an
specific condition for not having to conditions where vertical (i.e., front to additional level.’’ The Board sought
disperse wheelchair spaces in assembly back) separation between wheelchair information on alternatives to
areas with 300 or fewer seats. spaces is not desirable and if there is a constructing a secondary concourse that
Wheelchair spaces do not have to be point at which increased distance fails would provide vertical dispersion in
dispersed vertically (i.e., front to back), to improve accessibility or to contribute upper decks of larger stadiums
so long as the viewing angle from them significantly to equal opportunity (Question 39). Few comments or
is equal to, or better than, the average (Question 40). Of the few comments suggested alternatives were provided in
viewing angle provided in the facility which addressed this question, the response. A few comments stressed the
(221.2.3.2). Wheelchair spaces and majority called attention to the importance of vertical dispersion, while
companion seats do not have to be importance of vertical dispersion in others felt it was necessary to weigh
dispersed horizontally (i.e., side to side) providing equivalency in the quality of such requirements against the possible
if they are located in the mid-sections of the viewing experience. Some design and cost impacts.
rows (second or third quartile of the comments considered adequate Response. The Board has retained
total row length) instead of at or near integration of wheelchair spaces to be requirements for vertical dispersion that
the ends of rows (221.2.3.1). This equally important or expressed concern are substantively similar to the
condition for horizontal dispersion is about vertical separation that results in specifications in the proposed rule.
required to the extent that the mid- longer travel distances from restrooms, However, as noted above, the final rule
section row is long enough to concessions, and other amenities. does not require wheelchair spaces to be
accommodate the requisite number of Response. The Board has not included dispersed based on admission prices
wheelchair spaces and companion seats; any new conditional limitations on the since pricing is not always established
if it is not, some may be located beyond requirements for vertical dispersion of at the design phase and may vary by
the mid-section portion (in the first or wheelchair seating in achieving event. Instead of requiring wheelchair
fourth quartile of the total row length). appropriate viewing angles (other than spaces to be vertically dispersed on each
Comment. The proposed rule an exception for bleacher seating). accessible level, the final guidelines
specified vertical dispersion so that Comment. Bleacher manufacturers require wheelchair spaces to be
wheelchair spaces are located at requested clarification on how vertically dispersed at varying distances
‘‘varying distances’’ from the performing dispersion requirements would apply to from the screen, performance area, or
area (802.6.3). Comment was sought on bleachers, which have been interpreted playing field. The final guidelines also
require wheelchair spaces to be located space, but allows the seat to be movable. seating, this provision does not require
in each balcony or mezzanine served by This seat is not required to provide an wheelchair spaces, companion seats, or
an accessible route. In most sports additional wheelchair space when designated aisle seats.
facilities, these requirements can be met removed. Comment. Where public address
by locating some wheelchair spaces on Comment. In the belief that readily systems are provided in transportation
each accessible level of the sports removable seats should provide a facilities to convey public information,
facility. companion with virtually the same a means of conveying the same or
Comment. The proposed rule experience in terms of comfort and equivalent information to persons who
contained a requirement that where usability as other fixed seats, the Board are deaf or hard of hearing is required.
elevators or wheelchair lifts are asked what specific characteristics they In the proposed rule, the Board sought
provided on an accessible route to should have relative to other seats comment on whether additional
wheelchair spaces or designated aisle (Question 11). The majority of provisions for an equivalent means of
seats, they shall be provided in ‘‘such comments strongly favored communication should be applied to
number, capacity, and speed’’ in order requirements for companion seats to be other types of facilities (Question 45).
to provide a level of service equivalent equivalent or comparable to other The Board was specifically interested in
to that provided in the same seating area provided seating in the same assembly how captioning can be associated with
to patrons who can use stairs or other area. electronic scoreboards in stadiums to
means of vertical access (221.5 in the Response. The Board has included convey audible public announcements.
proposed rule). This requirement was technical criteria for companion seats People who are deaf or heard of hearing
included to ensure an equal level of that requires them to be equivalent to strongly urged that requirements for
convenience between accessible seating other seats in the immediate area in access to information conveyed through
and inaccessible seating in terms of terms of quality, size, comfort, and public address systems be applied to all
travel between the entry gate and seats amenities (802.3). types of facilities, not just transportation
or between the seats and concession Section 221.4 addresses designated facilities.
stands. Most commenters did not aisle seats. The Board has significantly Response. The Board considered
support this requirement, and lowered the number of designated aisle adding a provision (included in the
considered it unenforceable and seats required to be accessible. An draft final rule) that would have
confusing. Some commenters exception from the requirement for required the visual display of audible
misunderstood the intent of this designated aisle seats for team or player pre-recorded or real-time messages
provision and thought it pertained seating areas serving areas of sports where electronic signs are provided in
specifically to egress routes. activity has been incorporated into the stadiums, arenas, or grandstands. This
Response. The Board has removed the final rule from the guidelines for provision would not have required
requirement concerning the number, recreation facilities. provision of electronic signs, but instead
capacity, and speed of elevators and Comment. The proposed rule would have specified that, where
wheelchair lifts in providing an specified that 1% of all seats be provided, they be used to display
equivalent level of service. designated aisle seats, a quarter of information to deaf or hard-of-hearing
Section 221.3 covers companion seats which were to be located on accessible spectators provided audibly during an
which are to be paired with wheelchair routes and the rest not more than 2 rows event. Since this requirement would
spaces. The proposed rule specified that from an accessible route. The Board have been more pertinent to facility
companion seats be readily removable requested information on the cost and operations than to facility design, the
so as to provide additional space for a related design impacts of this Board did not include it in the final
wheelchair. In the final rule, companion requirement, particularly in locating rule. Providing ‘‘effective
seats are permitted to be movable. Thus, aisle seats at or no more than two rows communications’’ is within the purview
they are not required to double as an from an accessible route (Question 12). of the Department of Justice and is
alternative wheelchair space. Comments stated that requiring addressed in the Department’s title II
Comment. The Board sought designated aisle seats to be on an and III regulations. See 28 CFR 35.160
information on the impact of the accessible route would require more and 28 CFR 36.203(c).
requirement that each wheelchair space space and entrances to seating areas and
have an adjacent companion seat that would result in the loss of seating space. 222 Dressing, Fitting, and Locker
can be removed to provide an adjoining Comments further stated that this would Rooms
wheelchair space (Question 10). require a significant increase in the cost Section 222 covers dressing rooms,
Comments noted that this requirement of such facilities. fitting rooms, and locker rooms. At least
effectively doubles the scoping Response. The Board has reduced the 5% of each type, in each cluster, is
requirements for wheelchair spaces and overall scoping for designated aisle required to be accessible. A requirement
that the required extra space would seats. The final rule requires that 5% of for coat hooks and shelves located at
significantly increase construction costs. aisle seats, not all seats, be designated 228.4 in the proposed rule has been
Several comments noted that more aisle seats. These seats are required to relocated for clarity to this section
flexibility for both wheelchair spectators be those closest to, but not necessarily (222.2).
and the facility could be achieved by on, an accessible route. Technical
allowing companion seats to be requirements for aisle seats at 802.4 223 Medical Care and Long-Term Care
movable; however, comments noted that have also been modified. Facilities
some building codes may require Section 221.5 provides a new This section indicates the number of
companion seats to be fixed. Another requirement that addresses lawn seating patient or resident sleeping rooms
solution put forward was the use of and exterior overflow areas. Such areas required to be accessible in medical care
seating that folded and swung away, are required to be connected by an and long-term care facilities. The
leaving enough space for a wheelchair accessible route. The accessible route is general scoping provision at 223.1
position. required to extend up to, but not indicates that the facilities covered by
Response. The final rule requires one through, lawn seating areas. Since such this section include medical care
companion seat for each wheelchair areas typically do not provide fixed facilities and licensed long-term care
facilities where the period of stay long-term care facilities (Question 13). • Reduced scoping for guest rooms
exceeds 24 hours. Section 223.2 covers Commenters with disabilities supported with accessible communication features
hospitals, rehabilitation facilities, a requirement for dispersion of (224.4).
psychiatric facilities, and detoxification accessible sleeping rooms among all • Modified dispersion requirements
facilities. In general, those facilities are types of medical specialty areas, such as (224.5).
held to a 10% scoping requirement, but obstetrics, orthopedics, pediatrics, and The definition of ‘‘transient lodging’’
those that specialize in the treatment of cardiac care. Conversely, commenters in section 106.5 has been revised to
conditions affecting mobility are subject representing the health care industry exclude, in part, ‘‘private buildings or
to a 100% scoping requirement. In long- pointed out that treatment areas in facilities that contain not more than five
term care facilities, 50% of the rooms health care facilities can be very fluid rooms for rent or hire and that are
must be accessible. due to fluctuation in the population and actually occupied by the proprietor as
Changes made in the final rule other demographic and medical funding the residence of such proprietor.’’ As a
include: trends. Comments indicated that in result, an exception for such facilities in
• Modifying the description of the long-term care facilities, access is 225.1 has been removed.
facilities covered by this section (223.1). provided at rooms that are less desirable Comment. In transient lodging
• Adding a new exception for toilet than others available in the facility. facilities, doors and doorways in
rooms in critical care and intensive care Commenters recommended that the inaccessible guest rooms are required to
patient sleeping rooms (223.1). final rule should include a requirement be at least 32 inches wide (224.1.2). This
• Clarifying the application of that ensures that accessibility is fairly specification stems from the original
scoping requirements to rehabilitation dispersed among different types of ADAAG and is intended to afford some
facilities (223.2). rooms in long-term care facilities. access to inaccessible guest rooms for
• Revising the scoping requirement visitation purposes. Clarification was
for long-term care facilities to apply to Response. The Board has not added a requested on which types of doors this
‘‘each type’’ of resident sleeping room requirement for dispersion in medical is intended to cover and whether it
(223.3). care facilities because compliance over applies to shower doors.
Comment. Comments considered it the life-time of the facility could prove Response. In the final rule,
unnecessary to qualify covered medical difficult given the need for flexibility of clarification has been added that the 32
care facilities as those that are licensed, spaces within such facilities. However, inch minimum clearance applies to
since all are typically licensed. an advisory note has been added to those doors ‘‘providing user passage’’
Response. The general charging encourage dispersion of accessible into and within guest rooms not
statement (223.1) has been changed to rooms within the facility so that required to be accessible. In addition,
refer to ‘‘medical care facilities and accessible rooms are more likely to be the Board has added an exception that
licensed long-term care facilities.’’ In proximate to appropriate qualified staff exempts shower and sauna doors in
addition, the Board has removed as and resources. Since these inaccessible guest rooms from this
unnecessary language describing these considerations are not as relevant to requirement. Corresponding changes
facilities as places ‘‘where people long-term care facilities, the Board has have been made to a similar provision
receive physical or medical treatment or added a requirement that the 50% in the general scoping section for doors
care.’’ scoping requirement for long-term care (206.5.3).
Comment. There are certain types of facilities be applied to ‘‘each type’’ of Comment. A hotel and motel trade
patient rooms, such as those provided in resident sleeping room provided to group opposed any increase in the
critical or intensive care units where ensure dispersion among all types number of guest rooms required to be
patients who are critically ill are (223.3). accessible and submitted a study it
immobile or confined to beds and thus commissioned on the usage of such
224 Transient Lodging Guest Rooms
generally not expected to use adjoining rooms. According to this study, 80% of
toilet rooms. Typically, such patients The minimum number of guest rooms accessible guest rooms remain unused
are relocated to other types of rooms required to be accessible in transient by people with disabilities. This trade
when no longer confined to beds. lodging facilities is covered in section group also submitted comments to the
Comments recommended that toilet 224. Access is addressed for people with draft final guidelines that included a
rooms serving these types of rooms disabilities, including those with statistical study of the number of
should not have to be accessible. mobility impairments (224.2) and persons who use wheelchairs based on
Response. An exception has been people who are deaf or hard of hearing U.S. census data (1.03% of the
added that permits toilet rooms in (224.4). In addition to rooms, there is a population age 15 years and older).
critical care and intensive care patient provision which addresses the number Based on this information, this
sleeping rooms to be inaccessible (223.1, of beds required to be accessible in commenter requested that the required
Exception). facilities such as homeless shelters, number of accessible guest rooms be
Section 223.2 addresses scoping for where a room may have a large number reduced to a level consistent with
hospitals, rehabilitation facilities, of beds. (224.3). Revisions of this assessed usage rates and population
psychiatric facilities, and detoxification section include: estimates.
facilities. The Board has clarified the Response. The proposed rule was
• Removal of the exception for certain
distinction made in scoping between consistent with the recommendations of
bed-and-breakfast facilities (224.1),
facilities that specialize in the treatment the ADAAG Review Advisory
which are now exempted through the
of conditions affecting mobility (100%) Committee and preserved, without
definition of ‘‘transient lodging’’
and those that do not (10%), including increase, the number of accessible guest
provided in section 106.
rehabilitation facilities. rooms (224.2). The number of accessible
Comment. The Board sought comment • Clarification of a provision covering guest rooms is also consistent with the
on how dispersion of accessible doors and doorways in inaccessible International Building Code. Accessible
sleeping rooms can be effectively transient lodging guest rooms (224.1.2). guest rooms include features such as
achieved and maintained in medical • Revised scoping for accessible beds grab bars and other elements that benefit
care facilities such as hospitals and (224.3). not only people who use wheelchairs,
but also people who use crutches, canes, assumptions used in the statistical study proposed increasing the minimum
and walkers. Data provided by the and the failure to consider future needs, number of such guest rooms to 50% of
Disability Statistics Center at the the Board concluded that a reduction in the total number of guest rooms
University of California, San Francisco the number of accessible guest rooms is provided. This contrasted significantly
shows that the number of adults who not warranted. with the original ADAAG, which
use wheelchairs has been increasing at The hotel and motel trade group has specified the minimum number
the rate of 6 percent per year from 1969 pointed out that the Board has reduced according to a sliding scale. It required
to 1999; and by 2010, it is projected that the scoping for wheelchair spaces in 1 in 25 rooms to comply up to a
2 percent of the adult population will assembly areas by 0.33 percent for guestroom count of 100. Scoping
use wheelchairs. In addition to people assembly areas with 501 to 5,000 seats, successively decreased to 1 for every 50
who use wheelchairs, 3 percent of and by 0.5 percent for assembly areas rooms for the next 101 to 200 rooms and
adults used crutches, canes, walkers and with more than 5,000 seats. However, to 1 for every 100 rooms for the next 201
other mobility devices in 1999; and the the hotel and motel trade group has to 500 rooms. For facilities with 501 to
number is projected to increase to 4 proposed a much greater reduction in 1,000 rooms, 2% of rooms were required
percent by 2010. Thus, by 2010, up to the number of accessible rooms for all to comply, and where the room count
6 percent of the population may need size hotels with more than 50 rooms. exceeded 1,000, the scoping dropped to
accessible guest rooms. For example, they proposed that hotels 1% (ADAAG 9.1.3). The original
Data submitted by the hotel and motel with 100 rooms provide 40 percent ADAAG also required that all accessible
trade group showed that hotel stays are fewer accessible rooms (3 accessible guest rooms be equipped with
almost equally divided between rooms, instead of the 5 accessible rooms communication features in addition to
business travel and non-business travel. currently required). There are important the number of rooms required to
Non-business travelers usually travel as difference between large assembly areas provide communication access only
members of a household or group for such as sports stadiums which may (ADAAG 9.2.2(8)).
vacation, special events, or leisure. In have 50,000 to 70,000 seats, and hotels. The Board had proposed the
1999, 2.3 percent of households had an Only 1 percent of hotels have more than increased scoping for guestrooms with
adult member who uses a wheelchair; 500 rooms. These hotels cater to accessible communication for several
and by 2010, it is projected that 4 meetings and conferences sponsored by reasons. The communication features
percent of households will have an groups who reserve large numbers of addressed in this requirement address
adult member who uses a wheelchair. In rooms. Disability groups and life safety in providing visual
addition to households with an adult organizations may hold meetings and notification of fire alarms for people
member who uses a wheelchair, 7 conferences at these hotels and need who are deaf or hard of hearing. The
percent of households had an adult large numbers of accessible rooms. For Board also felt that the increased
member who used canes, crutches, all these reasons, the number of scoping would afford greater flexibility
walkers or other mobility devices in accessible guest rooms has not been in the guest room assignment of people
1999; and the number is projected to changed in the final rule. who are deaf or hard of hearing,
increase to 9 percent by 2010. Thus, by Comment. The proposed rule especially in light of revisions to the
2010, up to 13 percent of households addressed access to beds according to a technical requirements that effectively
will have adult members who may need table based on the total number preclude the use of portable visual
accessible guest rooms. provided in a guest room. This table, as alarm devices. In addition, permanent
The Board recognizes that all the recommended by the ADAAG Review installation of visual alarm appliances is
people and households that may benefit Advisory Committee, included bed considerably less expensive and easier
from an accessible guest room may not counts well into the hundreds. The table to achieve as part of facility design and
specifically request an accessible room, followed a sliding scale that started with construction than as a retrofit.
and the scoping levels reflect this fact. roughly a 4% requirement (1 per 25 Comment. The Board sought
The statistical study submitted by the beds provided in a room) which information on the new construction
hotel and motel trade group assumed decreased to 3% (for over 500 beds) and cost impact of the proposed increased
independence in accessible room then to 2% (for over 1,000 beds). scoping and also asked whether
requests. In reality, accessible room Comments considered the upper levels exceptions should be provided for
requests are likely to be somewhat covered by the table as ridiculously high altered facilities or additions (Question
correlated, due to hotel preferences or and suggested a simpler and more 14). The hotel and motel industry
group travel. For smaller hotels, a slight realistic provision. strongly opposed increasing scoping for
violation of the independence Response. The scoping table for beds rooms providing communication access
assumption could lead to a higher has been removed in the final rule and to 50%, which it considered
sellout rate, as these hotels have replaced by a flat 5% requirement that unsubstantiated and unsupported by the
relatively fewer accessible rooms. The applies where more than 25 beds are assessed need. The industry considers
hotel and motel trade group also provided in a guest room. Technical the original ADAAG specification,
submitted data on actual accessible requirements for guest rooms require at which is substantially lower than 50%,
room reservation requests for select least one bed in a sleeping room to be to be excessive in view of its
hotels that implied the current demand accessible. This provision would govern assessments on the usage rate of such
for accessible rooms is closer to 0.8 in rooms with 25 or fewer beds. rooms by persons with disabilities.
percent than 1 percent, as in their The guidelines address rooms People who have photosensitive
original study. However, this sample required to provide communication epilepsy also opposed the proposed
was likely not representative and the features accessible to persons who are increase because the potential for
study did not take into account data deaf or hard of hearing, including visual triggering seizures would be too great.
showing that the population who needs notification of fire alarms, telephone On the other hand, many comments
accessible rooms is growing. Hotels calls, and door knocks or bells. from persons who are deaf or hard of
constructed in the next few years will Telephones in such rooms must have hearing voiced strong support for
serve the population for decades to volume controls and nearby outlets for maintaining or further increasing the
come. Because of the problems with the the installation of TTYs. The Board had proposed 50% requirement. In the belief
that some transient lodging facilities on the floor, under furniture, and in Storage Facilities) and 228 (Storage). In
have adopted voluntary policies other locations that do not satisfy the the final rule, these sections have been
requiring permanently installed visual requirements of the referenced standard. combined into one for clarity. No
alarms in all or a majority of newly Section 224.5 requires dispersion of substantive changes have been made to
constructed guest rooms, the Board accessible rooms among the various these provisions.
sought information on such cases classes of rooms provided, including A scoping provision for coat hooks
(Question 15). Commenters responded room type, bed count, and other and shelves that was located at 228.4
that they were unaware of any such amenities to a degree comparable to the has been moved and revised. Since this
corporate policies. choices provided other guests. When provision is specific to certain types of
Response. In the final rule, the Board complete dispersion is not possible due spaces, it is now located among scoping
has reduced the scoping for guest rooms to the number of rooms required to be requirements covering toilet rooms and
with accessible communication features accessible, dispersion is to be provided compartments (213.3.8), and dressing,
to the level specified by the original in the following order of priority: room fitting, and locker rooms (222.2), as
ADAAG. The Board has included some type, bed count, and amenities. discussed above at these sections.
limited changes from the original The proposed rule required
ADAAG scoping for consistency with communication access in half of the 226 Dining Surfaces and Work
the International Building Code (IBC). accessible guestrooms in addition to the Surfaces
The minimum number required to number required in section 224.4. The
Provisions for access to dining and
comply is based on the number of rooms Board considered removing this
work surfaces have been revised to:
provided: 2–25 (2), 26–50 (4), 51–75 (7), requirement and stipulating that there
76–100 (9), 101–150 (12), 151–200 (14), be no overlap between the dispersion of • Further define dining surfaces as
201–300 (17), 301–400 (20), 401–500 accessible rooms and communication those used ‘‘for the consumption of food
(22), 501–1,000 (5% of total), 1,001 and accessible rooms, as indicated in the or drink’’ (226.1).
over (50, plus 3 for each 100 over 1,000). draft of the final guidelines. The Board • Clarify that the types of work
These levels slightly differ from the sought to prevent such overlap to surfaces covered do not include those
original ADAAG at the higher levels maximize the availability of each room surfaces used by employees, since
(401 rooms and above). The numbers are type and proposed that a similar change elements of work stations are not
consistent with the IBC except that the be made in the IBC. This change was not required to comply with these
IBC scoping does not apply to facilities adopted into the IBC, in part due to guidelines (226.1).
with less than 6 guest rooms. consideration of persons using • Exempt sales and service counters
Comment. The industry also objected wheelchairs who may need accessible from this section, which are covered
to requiring alarm appliances to be communication features. The IBC does instead by section 227 (226.1, Exception
permanently installed. One hotel chain not require or prohibit overlap between 1).
commented that their deaf and hard of both types of rooms. In the final rule, • Exempt check-writing surfaces at
hearing guests preferred portable the Board has revised the dispersion inaccessible check-out aisles (226.1,
appliances because these can be used in requirement to allow some overlap Exception 2).
any guest room. This point was (10% maximum) between rooms and to Comment. These guidelines generally
contradicted by comments from deaf ensure that at least one room provides do not require elements of a work
and hard of hearing commenters and both wheelchair access and station to be accessible. Concern was
advisory committee members who urged communication access. Thus, no more expressed that the reference to ‘‘work
permanent installation. than 10% of the accessible rooms can be surfaces’’ may be confused as covering
Response. The Board has elected to used to satisfy the required number of surfaces that are part of a work area or
reference the NFPA 72–1999 National rooms providing communication access. station.
Fire Alarm Code and has included a Communication access can be provided
requirement that appliances be Response. Clarification has been
in a greater number of accessible rooms, added that this section applies to work
permanently installed. The Board but the amount in excess of 10% cannot
believes that the hospitality industry surfaces that are provided ‘‘for use by
count toward the number of rooms other than employees.’’ In addition, the
can best guarantee deaf and hard of required to provide communication
hearing guests the same level of Board has specified that the type of
access. dining surface covered are those
protection as hearing guest by providing Comment. Comments urged that
them visual devices that are part of the provided ‘‘for the consumption of food
dispersion should be based on bed
same fire alarm system that alerts or drink.’’
count, instead of bed type. People with
hearing guests. Fire alarm systems must disabilities, especially those who Comment. Some comments reflected a
pass rigorous installation standards and traveled with attendants, felt that bed misunderstanding that this section also
frequent inspections. To date, the Board type or size was not as important as the applied to sales counters and other
is unaware of any portable equipment number of beds. elements that are addressed in section
that satisfies the requirements of the Response. The criteria for dispersion 227 (Sales and Service).
referenced standard. Even if portable is also modified. In the list of factors Response. The final rule includes two
equipment satisfying this standard were that define various classes of rooms, the clarifying exceptions. Exception 1
available, there is still a key concern Board has replaced ‘‘types of beds’’ with indicates that sales and service
that their installation, when not ‘‘number of beds.’’ counters, which are addressed in
supervised by a trained professional, section 227 (Sales and Service), are not
would not guarantee proper location 225 Storage required to comply with the
and visibility of the signal. The NFPA This section covers storage elements requirements for dining and work
72 includes criteria for the appropriate and facilities, including lockers, self- surfaces. Exception 2 acknowledges that
location of the visual alarm appliance service shelving, and self-service storage check writing surfaces are a type of
within the guest room. Deaf and hard of facilities. In the proposed rule, these work surface and that those provided at
hearing travelers have reported that elements and spaces were covered in inaccessible check-out aisles are not
hotel staff have installed portable alarms two separate sections: 225 (Self-Service required to comply.
227 Sales and Service machines, mail boxes, and fuel Information was sought on any other
Section 227 covers access to check- dispensers in section 228 (229 in the design impacts, such as the use of the
out aisles (227.2), sales and service proposed rule). Few comments space or cavity below windows for
counters (227.3), food service lines addressed this section. In the final rule, mechanical or other building systems.
(227.4), and queues and waiting lines the Board has added a reference to fuel Comments from people with disabilities
(227.5). The general charging statement dispensers to clarify their coverage by supported the idea of a specified sill
has been editorially revised to clearly the guidelines. The proposed rule height, though few recommended a
included requirements intended to particular height. Comment from
indicate coverage of these various
apply to fuel dispensers such as gas industry opposed such a requirement.
elements. The title of this section has
pumps. Gas pump manufacturers Some pointed to concerns about child
been changed to ‘‘Sales and Service’’
expressed concerns about reach range safety and the impact on heating,
instead of ‘‘Sales and Service Counters’’
requirements and operating force ventilation, and air conditioning
since some of the provisions it contains
specifications which have been (HVAC) systems and other mechanical
apply to elements that may not have a
addressed in the final rule, as discussed systems that use the cavity for duct
counter, such as check-out aisles and
in sections 308 and 309 below. work.
waiting lines.
Requirements for check-out aisles 229 Windows Response. No additional criteria for
have been revised to clarify access to windows, including the sill height, have
Scoping provisions for windows
check-out aisles serving different been included in the final rule.
require that at least one glazed opening,
functions (227.2). In addition, the final where provided for operation by 230 Two-Way Communication
rule restores an exception for smaller occupants, meet technical criteria for Systems
facilities that allows one check-out aisle operable parts. Access is also required
to be accessible (227.2, Exception). to each glazed opening required by the Scoping for two-way communication
Signage requirements for accessible administrative authority to be operable. systems remain unchanged in the final
check-out aisles have been modified and In the final rule, the Board has included rule. Few comments addressed this
relocated to section 216.11, as discussed an exception from this requirement for section.
above. windows in residential dwelling units. 231 Judicial Facilities
Generally, check-out aisles are Devices that make window controls and
required to be accessible according to a latches accessible can be provided as a This section covers courthouses and
scoping table in 227.2. In the proposed supplementary add-on feature instead of other judicial facilities and provides
rule, this table specified access installed as a permanent fixture. For this requirements for courtrooms (231.2),
according to the number of check-out reason, the Board believes that such holding cells (231.3), and visiting areas
aisles provided for ‘‘each function.’’ access can be effectively provided as a (231.4). This section has not been
However, the corresponding scoping reasonable accommodation under changed except for a few editorial
provision did not fully correlate with Federal regulations for program access. revisions:
the table because it specified that ‘‘at These regulations govern the types of • Provisions specific to courtrooms
least one’’ accessible check-out aisle be residential facilities covered by these have been relocated without substantive
provided for each function. In the final guidelines. change to a new technical section on
rule, this provision has been revised to Comment. Concern was expressed courtrooms (808) in Chapter 8, which
be consistent with the scoping of the that reference to glazed openings covers special rooms, spaces, and
table. provided for ‘‘operation by occupants’’ elements.
Comment. The original ADAAG would be interpreted to apply to those • A scoping provision for partitions
provided an exception for facilities with operated by employees. in visiting areas (231.4.2) has been
less than 5,000 square feet of selling Response. Scoping provisions in revised for consistency with the
space which allowed only one check- 203.9 exempt employee work areas from technical criteria it references.
out aisle to be accessible regardless of the guidelines except for requirements
Comment. Commenters indicated that
the number or different types of aisles concerning accessible routes, circulation
provisions specific to courtrooms in
provided. This exception has been paths, and wiring for visual alarms.
section 232.2 of the proposed rule
provided to limit the impact of Other elements of employee work areas
functioned more as technical
accessible check-out aisles on smaller are not required to comply.
requirements and should be relocated to
facilities. The Board had removed this Comment. The referenced technical
the appropriate technical chapter.
exception in the proposed rule because criteria address the operable parts of
it reasoned that most facilities that windows, including that such parts be Response. The Board agrees and has
would qualify for it would likely have within accessible reach ranges, but they relocated these provisions to a new
only one check-out aisle or use sales do not address the height of glazed technical section in Chapter 8 (Special
counters instead of check-out aisles. openings. The Board sought comment Rooms, Spaces, and Elements) at section
Commenters disagreed, indicating that on whether a maximum sill height 808 that is specific to courtrooms.
such facilities may have multiple check- should be specified so that people who Comment. A commenter pointed out
out aisles. Thus, the exception should use wheelchairs can look through the that the provision for solid partitions or
be restored. window to view ground level activities security glazing in visiting areas should
Response. The exception has been (Question 16). The Board also requested be revised to be more consistent with
included in the final rule (227.2, information on any design the technical provision it references,
Exception). requirements, practices, or which requires some method to
considerations that would specify facilitate voice communication.
228 Depositories, Vending Machines, installation above an accessible height Response. The Board has revised this
Change Machines, and Mail Boxes in certain occupancies for security or provision to clarify that ‘‘at least one of
No substantive changes have been safety reasons, such as to guard against each type’’ is required to comply,
made to the scoping requirements for break-ins or to prevent improper use by consistent with the referenced technical
depositories, vending machines, change building occupants, including children. requirement in section 904.6.
232 Detention and Correctional communication features in accessible Board has referenced HUD’s section 504
Facilities cells. regulations for purposes of scoping
This section provides scoping criteria (233.2). Thus, entities subject to HUD’s
233 Residential Facilities
specific to prisons, jails, and other types section 504 regulations are required to
Requirements for residential facilities apply the technical requirements for
of detention and correctional facilities. address access for persons with
Several provisions in this section new construction and alterations of this
disabilities, including persons with rule to the number of units required to
have been revised: mobility impairments and those who are
• This section has been revised to be accessible under HUD’s regulations.
deaf or hard of hearing. This section Scoping provisions for facilities not
refer to ‘‘cells’’ as opposed to ‘‘cells or specifies the minimum number of subject to HUD’s section 504 regulations
rooms’’ for purposes of simplicity. residential dwelling units required to be are addressed in a separate section
• Scoping for beds in cells (232.2.1.1) accessible. The term ‘‘residential (233.3). Requirements for these
references a provision for beds in dwelling units’’ pertains to facilities residential facilities address new
transient lodging guest rooms which has used as a residence. A revised definition construction, dwelling units for sale,
been revised, as discussed above in for the term used in the final rule, additions, alterations, and dispersion.
section 224. ‘‘residential dwelling units,’’ is Substantive revisions made in the final
• A provision for partitions in visiting provided in section 106.5. These rule concern:
areas (232.5.2) has been revised for facilities have been redefined to further • Residential facilities with a limited
consistency with the technical criteria it distinguish them from other types of number of dwelling units (233.3.1,
references, consistent with a similar facilities, such as transient lodging, that Exception).
provision for judicial facilities (231.4.2) provide living accommodations on a • Dwelling units for sale (233.3.2).
discussed above in section 231. short-term basis. This section has been • Alterations (233.3.4).
• A dispersion requirement for significantly revised in the final rule for In addition, references to technical
wheelchair and communication consistency with other Federal requirements have been editorially
accessible cells has been removed, as regulations that address access to revised consistent with the integration
discussed below (232.2.4 in the residential facilities, particularly those of a separate chapter on residential
proposed rule). issued by the U.S. Department of facilities (11) into other chapters of the
• An exception from the requirement Housing and Urban Development guidelines.
for grab bars in cells specially designed (HUD). New construction scoping for
without protrusions for purposes of The ADA’s coverage of residential facilities not subject to HUD’s section
suicide prevention (233.3, Exception 1 facilities extends primarily to entities 504 regulations is substantively
in the proposed rule) has been moved to subject to title II such as public housing consistent with the level specified in the
the technical requirement for grab bars, and other types of housing constructed proposed rule (233.3.1). At least 5% of
which is a more appropriate location or altered by, on behalf of, or for the use the total number of residential dwelling
(604.5). of State or local governments. Title III of units must be accessible to persons with
Scoping provisions for detention and the ADA does not generally apply to mobility impairments and at least 2%
correctional facilities require access to private housing, including apartments must be equipped with communication
at least 2% of the general housing and and condominiums, except for spaces features accessible to persons who are
holding cells provided (232.2.1). In within that serve as places of public deaf or hard of hearing.
addition, where emergency alarm accommodations, such as sales and For newly constructed residential
systems and telephones are provided in rental offices. HUD administers a variety facilities with less than 5 units, the
general housing or holding cells, at least of programs that fund or subsidize proposed rule provided an exception
2% of the cells must be equipped with housing. Many of these programs are that allowed the minimum number to be
accessible communication features, subject to section 504 of the applied to the total number of dwelling
such as visual alarms and telephones Rehabilitation Act of 1973 20 which units constructed under a single
equipped with volume controls, to requires that those receiving Federal contract, or developed as whole,
accommodate persons with hearing financial assistance be accessible to whether or not located on a common
impairments (232.2.2). The proposed persons with disabilities. HUD’s section site. In the final rule, this exception has
rule contained a requirement that half of 504 regulations 21 apply access been revised to apply to facilities with
the accessible communication features requirements to residential facilities and 15 or fewer units, a level which derives
be provided in accessible cells, include specific provisions for the from UFAS, which the Board
consistent with a dispersion minimum number of dwelling units considered more appropriate (233.3.1,
requirement provided for transient required to be accessible. Specifically, Exception).
lodging guest rooms. This provision was they require at least 5% of dwelling The Board had considered adding a
changed, as indicated in the draft of the units in multi-family projects of 5 or provision stipulating that units
final guidelines, to prohibit any overlap more dwelling units to be accessible and providing mobility access and those
between accessible cells and those at least 2% to be equipped with providing communication access are to
equipped with accessible alarms and communication features accessible to be satisfied independently (i.e., both
telephones. In the final rule, the Board persons with hearing impairments. types of access cannot be provided in
has removed this provision. Scoping for While these requirements are consistent the same unit to satisfy the minimum
accessible communication features is with those in the proposed guidelines, number of each type required to be
triggered only where cells are equipped the HUD regulations further specify how accessible). The Board did not include
with alarms and telephones. In facilities this scoping is to be applied to housing such a requirement in the final rule for
without such cells, only scoping for ‘‘projects,’’ a term specifically defined consistency with requirements in the
accessible cells would apply, making in the HUD regulations. To avoid any International Building Code (IBC). The
provisions for required overlap potential conflicts in this area, the IBC specifies that multi-family dwelling
irrelevant. Where such cells are units required to have fire alarm
provided, the final rule does not 20 29 U.S.C. 794. systems also have the capability to
prohibit the location of accessible 21 24 CFR 8.22(b). support visible alarms. This
requirement facilitates installation of percent of the altered dwelling units are units provided so that people with
visual alarms as needed, including in required to be accessible to persons with disabilities have choices of dwelling
units providing access for persons with mobility impairments and to be located units comparable to and integrated with
mobility impairments. To avoid any on an accessible route (233.3.4.1). In those available to other residents
conflict with the IBC requirement, the addition, at least 2 percent of the (233.3.5). Single-story units can
Board has removed its provision dwelling units are to be equipped with substitute for multi-story units provided
prohibiting the location of required accessible communication features. they have equivalent amenities and
accessible communication features in Facilities vacated for purposes other spaces. These provisions have not been
dwelling units that are accessible to than alteration, such as asbestos substantively revised in the final rule.
persons with mobility impairments. removal or pest control, are not subject
The final rule includes a provision to this requirement. 234 Through 243 Recreation Facilities
that specifically covers residential units Where individual dwelling units are and Play Areas
that are constructed for purchase altered and, as a result, a bathroom or Sections 234 through 243 address
(233.3.2). This provision does not apply a kitchen is substantially altered and at various types of recreation facilities,
the scoping percentages otherwise least one other room is also altered, the including play areas. These
required in new construction, but dwelling unit is required to comply requirements were developed in
instead references regulations issued with the scoping requirements for new separate rulemakings that were finalized
under the ADA or section 504 of the construction until the total number of after the proposal for this rule was
Rehabilitation Act. DOJ’s title II ADA accessible units is met (233.3.4.2). A published. They have been incorporated
regulation and section 504 regulations substantial alteration to a kitchen or into the final rule and have been
contain provisions that ensure access to bathroom includes, but is not limited to, reformatted and editorially revised for
programs and activities. These changes to or rearrangements in the plan consistency with the document. No
regulations require that each program or configuration, or replacement of substantive changes have been made.
activity conducted by a covered entity cabinetry. Substantial alterations do not Scoping provisions, which reference
or a program or activity receiving include normal maintenance or technical provisions in chapters 6 and
Federal financial assistance be readily appliance and fixture replacement, 10, address:
accessible to and usable by individuals unless such maintenance or • Amusement rides (234).
with disabilities when viewed in its replacement requires changes to or • Recreational boating facilities (235).
entirety. A public entity that conducts a rearrangements in the plan • Exercise machines (236).
program to build housing for purchase configuration, or replacement of • Fishing piers and platforms (237).
by individual home buyers must cabinetry. As with new construction, • Golf facilities (238).
provide access according to the the final rule permits facilities that • Miniature golf facilities (239).
requirements of the ADA regulations contain 15 or fewer dwelling units to • Play areas (240).
and, where Federal financial assistance apply the scoping requirements to all • Saunas and steam rooms (241).
is provided, the applicable section 504 the dwelling units that are altered under • Swimming pools, wading pools,
regulation. The Board determined that a single contract, or are developed as and spas (242).
access to dwelling units for purchase is whole, whether or not located on a • Shooting facilities with firing
better addressed by the program access common site. positions (243).
obligation of these regulations instead of An exception to these alteration Part II: ABA Application and Scoping
by the across-the-board scoping scoping requirements is provided in the
percentages of this rule. final rule where full compliance is This part provides application and
Scoping for additions applies the technically infeasible (233.3.4, scoping requirements for facilities
minimum number according to the Exception). Technical infeasibility, as subject to the ABA. The ABA covers
number of units added (233.3.3). No defined in the rule, pertains to existing facilities that are designed, built,
substantive changes have been made to structural conditions or site constraints altered, or leased with Federal funds.
this requirement in the final rule. that effectively prohibit compliance in The Board’s ABA guidelines serve as the
Scoping provisions for alterations an alteration. Under this exception, basis for standards issued by four
have been revised in the final rule where it is technically infeasible to standard-setting Federal agencies: the
(233.3.4). The Board determined that provide a fully accessible unit or an General Services Administration (GSA),
applying requirements to dwelling units accessible route to such a unit, then a the Department of Defense (DOD), the
in alterations should be further tailored comparable unit at a different location Department of Housing and Urban
to conditions specific to residential under an entity’s purview can be used Development (HUD), and the U.S. Postal
facilities. As a result, the final rule as a substitute provided that it fully Service (USPS). The standards
focuses on alterations where the complies with the access requirements. originally issued by these agencies are
planned scope of work is extensive A substituted dwelling unit must be known as the Uniform Federal
enough to achieve fully accessible units comparable to the dwelling unit that is Accessibility Standards (UFAS).
that are on accessible routes. Provisions not made accessible. Factors to be The Board based the ABA application
are included that specifically address considered in comparing one dwelling and scoping documents (Chapters 1 and
residential facilities vacated as part of unit to another should include the 2) on those in Part 1 for ADA facilities
an alteration and those that are number of bedrooms; amenities to ensure greater consistency between
substantially altered. Consistent with provided within the dwelling unit; the level of access required for ADA and
these provisions, the Board has types of common spaces provided ABA facilities. While differences or
included exceptions to the general within the facility; and location with departures from the ADA scoping and
scoping provisions for alterations, as respect to community resources and application sections have been
discussed above (sections 202.3 and services, such as public transportation minimized, some are unavoidable due
202.4). and civic, recreational, and mercantile to differences between the ABA and
Where a building is vacated for facilities. ADA statutes and regulations issued
purposes of alteration and has more Dispersion of accessible units is under them. For example, the ABA
than 15 dwelling units, at least 5 required among the various types of covers facilities leased by Federal
agencies and the guidelines for the ABA leases for facilities previously occupied elements in both federally owned and
reflect this statutory difference. by the Federal government. The leased facilities from any new
In the final rule, differences between negotiation of a new lease occurs when requirements for accessibility unless
the ADA and ABA application and (1) the Federal government leases a altered. These guidelines require leased
scoping chapters pertain to facility that it did not occupy facilities to provide certain accessible
modifications and waivers, definitions, previously; or (2) an existing term ends elements such as accessible routes,
additions, leases, general exceptions and a new lease is negotiated for toilets, drinking fountains, and
(specifically existing elements and continued occupancy. The unilateral telephones. Where these elements
employee work areas), and provisions exercise of an option which is included comply with earlier standards, they
specific to private buildings and as one of the terms of a preexisting lease need not comply with these guidelines.
facilities. In the proposed rule, the is not considered the negotiation of a For example, section 602.2 of these
Board raised a question concerning new lease. Negotiations which do not guidelines requires drinking fountains
housing on military installations that result in a lease agreement are not to provide a forward approach while
was applicable only to the ABA covered by this section. Provisions in UFAS 4.15.5 permits either a forward or
guidelines. this section address joint-use areas, parallel approach. Therefore, an existing
accessible routes, toilet and bathing drinking fountain providing a parallel
F103 Modifications and Waivers facilities, parking, and other elements approach and complying with UFAS
The ABA recognizes a process under and spaces. Corresponding changes 4.15.5 need not comply with section
which covered entities may request a concerning coverage of leased facilities 602.2. An advisory note further clarifies
modification or waiver of the applicable appear in the sections stating the that this exception does not effect a
standard. The standard-setting agencies purpose (F101) and the overall scope of Federal agency’s responsibilities under
may grant a modification or waiver the guidelines (F201.1). the Rehabilitation Act.
upon a case-by-case determination that The ADA guidelines specify a limited
F203 General Exceptions degree of access within employee work
it is clearly necessary. This modification
and waiver process is recognized in Section F203.2 establishes a general areas (203.9). The level of access is not
section F103 as a substitute to the exception for elements complying with similarly limited in ABA facilities,
provision for ‘‘equivalent facilitation’’ in earlier standards issued pursuant to the consistent with the ABA’s statutory
section 103 provided for facilities ABA or to section 504 of the language. Consequently, there are
subject to the ADA. Rehabilitation Act of 1973. This specifications for work areas that apply
exception, or ‘‘grandfather clause,’’ to ADA facilities but not to ABA
F106 Definitions applies only to individual elements and facilities. These provisions address
Definitions for ‘‘joint use,’’ ‘‘lease,’’ applies only to the extent that earlier circulation paths (206.2.8) and visual
and ‘‘military installation,’’ are included standards contain specific provisions for alarms (215.3), and include exceptions
that pertain to provisions specific to the the required element. For example, concerning technical specifications for
ABA covering leased facilities. UFAS Section 4.17 contains provisions accessible routes (403.5) and ramp
Definitions of ‘‘private building or for wheelchair accessible toilet handrails (405.8). Also, ADA scoping
facility’’ and ‘‘public building or compartments, but does not contain provisions for work surfaces are
facility’’ are not included because these provisions for ambulatory accessible clarified in the final rule as not applying
terms are used to distinguish between toilet compartments. The technical to those provided for use by employees
places of public accommodation and criteria for wheelchair accessible toilet (226.1). However, an exception is
commercial facilities covered by title III compartments in these guidelines at provided in the ABA guidelines for
of the ADA (private) and State and local section 604.8.1 differ from UFAS 4.17; laundry equipment used only by
government facilities covered by title II however, if an existing wheelchair employees (F214.1).
of the ADA (public). In addition, a accessible toilet compartment complies
with UFAS 4.17 it need not comply F214 Washing Machines and Clothes
definition of ‘‘employee work area’’ has
with 604.8.1. On the other hand, where Dryers
been included in the ABA guidelines,
consistent with the ADA guidelines. a Federal facility is altered, the toilet The ABA guidelines specifically
room may be subject to new exempt washing machines and clothes
F202.2 Additions accessibility requirements. In such dryers provided for employee use
Section F202.2 addresses additions to cases, elements that were not addressed (214.1). Other types of employee use
existing facilities and provides specific in earlier standards, such as the equipment are not exempted. General
criteria for accessible routes, entrances, ambulatory accessible toilet stall, must exceptions for employee work areas in
and toilet and bathing facilities that be provided, unless it is technically the ADA guidelines (203.9) effectively
derive from UFAS. These provisions infeasible to comply or a waiver or exempt laundry and other types of
have been retained but are not provided modification of the standards is equipment used only by employees for
in the ADA scoping document. obtained. work purposes. Laundry equipment that
Provisions in this section for public pay The Board has added the exception at is provided for use by employees as part
telephones and drinking fountains have F203.2 because Federal agencies raised of their housing, recreation, or other
been included for consistency with a concerns that these guidelines contain accommodation must be accessible
requirement in the ADA scoping provisions for leasing at section 202.6 because that equipment is not used by
document for an accessible path of that could require alterations to the employee to perform job related
travel for certain additions (202.2). elements that would have been deemed duties.
accessible under UFAS. For example,
F202.6 Leases when a new lease is negotiated, certain Private Buildings and Facilities
The ABA requires access to facilities elements within the space must comply Certain provisions in the ADA
leased by Federal agencies. Section with 202.6 even if the space was scoping document are specific to private
F202.6 contains scoping requirements previously occupied by the Federal buildings and facilities (i.e., places of
for facilities that are newly leased by the agency. UFAS Section 4.1.6(1) (f) public accommodation and commercial
Federal government, including new contains a provision that exempts facilities). These include an exception
from the requirement for an accessible dwelling units as needed on an to accommodate the standard height of
route in private multi-level buildings installation-by-installation basis laundry equipment (308.3.2, Exception
and facilities that are less than three (4.1.4(3)), as opposed to providing 1).
stories or that have less than 3,000 access at the time of construction as is
302 Floor or Ground Surfaces
square feet per floor (206.2.3, Exception required for other types of dwelling
1) and TTY scoping provisions specific units. This flexibility allows the military Section 302 requires floor or ground
to private buildings (217.4.2.2 and departments to modify units for access surfaces to be stable, firm, and slip
217.4.3.2). These provisions are not to suit the needs of families with resistant and provides specifications for
included in the ABA guidelines. disabilities. carpets and surface openings.
Comment. The Board sought comment Comment. Slip-resistance is based on
F228 Depositories, Vending Machines, on whether the final rule should include the frictional force necessary to keep a
Change Machines, and Mail Boxes a similar provision that would permit shoe heel or crutch tip from slipping on
The Board has clarified coverage of accessible dwelling units under control a walking surface under conditions
fuel dispensers in the final rule by of the DOD to be designed to be readily likely to be found on the surface. The
adding a reference to them in the both and easily modifiable to be accessible Board was urged to reference
the ADA scoping document (section provided that modifications are specifications and testing protocols for
228) and the ABA scoping document accomplished on a first priority basis slip resistance, in particular those
(section F228). These elements are when a need is identified (Question 17). developed by Voices of Safety
subject to requirements for operable The vast majority of comments, most of International.
parts in section 309, which specify which were from persons with Response. Historically, the Board has
location within accessible reach ranges disabilities, opposed such a provision. not specified a particular level of slip
and maximum operating forces. DOD supported retaining this exception, resistance since it can be measured in
Exceptions to these requirements are consistent with UFAS, since it provides different ways. The assessed level (or
provided for fuel dispensers. In the final appropriate flexibility in static coefficient of friction) varies
rule, the Board has exempted coverage accommodating families with according to the measuring method
of fuel dispensers used only for fueling disabilities at military installations. used. It is the Board’s understanding
official government vehicles, such as Response. The Board has not included that various industries each employ
postal and military vehicles. The Board an exception for military housing in the different testing methods and that there
considered such an exception final rule. Consistent with the proposed is no universally adopted or specified
appropriate to minimize the impact on rule, certain exceptions are provided for test protocol. The final rule does not
elements used only by employees as residential dwelling units generally that include any technical specifications or
part of their work responsibilities. A permit the installation of accessible testing methods for slip resistance as
similar exception was not included in features after construction if specified recommended by comments. The Board
the corresponding provision for conditions are met. For example, grab has chosen not to reference
facilities covered by the ADA because bars do not have to be installed during specifications that have not been vetted
such facilities are held to a different the construction of residential dwelling by the model codes community or
level of access with respect to work units if the proper reinforcement is developed through established industry
areas. The ADA scoping document, provided to facilitate their later procedures governing the adoption of
unlike its ABA counterpart, does not installation as needed. consensus standards and specified test
require elements within work areas used methods.
only by employees to be accessible. Chapter 3: Building Blocks The final rule includes exceptions
F234 Residential Facilities Chapter 3 contains basic technical developed in a separate rulemaking on
requirements that form the ‘‘building recreation facilities that exempts animal
Requirements for residential dwelling blocks’’ of accessibility as established by containment areas and areas of sports
units subject to the ABA are the guidelines. These requirements activity from the requirements for floor
substantively consistent with the ADA address floor and ground surfaces (302), or ground surfaces.
scoping document in distinguishing changes in level (303), wheelchair
between residential facilities subject to turning space (304), clear floor or 303 Changes in Level
HUD regulations (F233.2) and those that ground space (305), knee and toe Section 303 addresses vertical
are not (F233.4). As discussed above in clearance (306), protruding objects changes in level in floor or ground
section 233, the Board has sought to (307), reach ranges (308), and operable surfaces. No changes have been made to
ensure consistency between the parts (309). They are referenced by this section. Exceptions for animal
requirements of this rule and scoping provisions in Chapter 2 and by containment areas and areas of sports
regulations for housing issued by HUD. requirements in subsequent technical activity established in rulemaking on
In addition, the Board has included chapters (4 through 10). recreation facilities are included in the
provisions specific to housing provided Most comments addressed final rule.
on military installations (F233.3) which requirements for reach ranges and
are consistent with those for facilities 304 Turning Space
operable parts. Substantive revisions
not covered by HUD regulations. The made in the final rule include: Minimum spatial requirements are
term ‘‘military installation,’’ as defined • Lowering the maximum height for specified for wheelchair turning space.
in the final rule (F106.5), applies to all side reaches from 54 to 48 inches This section permits either a 60 inch
facilities of an installation, whether or (308.3.1). diameter circle or a T-shaped design.
not they are located on a common site. • Providing a limited exception from Objects that provide sufficient knee and
The proposed rule did not include an this requirement for gas pumps (308.3.1 toe clearance can overlap a limited
exception for military housing that is and 308.3.2, Exception 2) and an portion of the turning space.
provided in the current standards used exception for the operable parts of gas Comment. Comments urged that the
to enforce the ABA (UFAS). UFAS pumps (309.4). minimum dimensions for turning space
(4.1.4(3)) permits the Department of • Adding an exception from be increased to better accommodate
Defense (DOD) the option of modifying requirements for obstructed side reaches scooters and motorized wheelchairs.
Recommendations ranged from 64 to 68 mounting height above which consistency between the guidelines and
inches for the diameter of circular space requirements for protruding objects other codes and standards. Comments
and the overall dimensions of the T- apply (27 inches), the Board believes called attention to difficulties people
shaped space. The overlap of this space research is needed to further assess this encounter accessing ATMs, vending
by other elements should be prohibited specification. No substantive changes machines, and gas pumps. Various trade
or further restricted according to some have been made to the provisions for and industry groups opposed lowering
of these comments because knee and toe protruding objects in the final rule. the side reach range due to concerns
clearances do not accommodate the about the impact and cost on various
308 Reach Ranges
front tiller of scooters. types of equipment, including those
Response. The lack of consensus on Accessible reach ranges are specified highlighted by other comments as
the dimensions for larger turning space according to the approach (forward or difficult to reach. In particular, gas
and the absence of supporting data side) and the depth of reach over any pump manufacturers outlined the
points to the need for research on the obstruction. The proposed rule, difficulties in designing a fuel dispenser
spatial turning requirements for scooters consistent with the original ADAAG, that would meet the 48 inch
and other powered mobility aids. The specified maximum heights of 48 inches requirement. Gas pumps are often
Board believes that such research is for a forward reach and 54 inches for a located on curbs at least 6 inches high
needed before any changes to the long- side reach. In the final rule, the for safety reasons. In addition, safety
standing criteria for turning space are maximum side reach has been lowered and health regulations require distance
made. The Board is sponsoring a long- to the height specified for forward between the electronics of the pump
term research project on scooters and reaches. Exceptions to this requirement and the dispenser. Comments from the
other powered mobility aids through the and a related provision for reaches over elevator industry noted that a 48 inch
Rehabilitation Engineering Research obstructions have been added for gas maximum height would adversely
Center on Universal Design. pumps, laundry equipment, and impact the design of elevator controls.
elevators. The Board held a public meeting in
305 Clear Floor or Ground Space The ADAAG Review Advisory October, 2000 to collect further
Section 305 provides requirements for Committee’s report, upon which the information on this issue. Persons of
the basic space allocation for an proposed rule was largely based, short stature and disability groups
occupied wheelchair. Few comments recommended that the side reach range, reiterated the need for lowering the side
addressed this section, and no including obstructed reaches, be reach to 48 inches. ATM manufacturers
substantive changes have been made. changed to those required for forward noted that they could meet the 48 inch
reaches. This recommendation was maximum height for most new models
306 Knee and Toe Clearance based on a report from the Little People of ATMs. Gas pump manufacturers
Section 306 defines the minimum of America which considered the 54 demonstrated the difficulties in meeting
clearances for knees and toes beneath inch height beyond the reach for many the 48 inch height requirement in view
fixed objects. Few comments addressing people of short stature. The advisory of their current designs and safety and
this section were received. The only committee also considered the 48 inch health design requirements. The gas
changes made to this section are maximum for side reaches as preferable pump manufacturers impressed upon
editorial in nature for purposes of for people who use wheelchairs. The the Board the great difficulty of
clarity. Board proposed retaining the 54 inch installing a redesigned gas pump on an
side reach maximum pending further existing curb. They contended that
307 Protruding Objects information on the need for, and impact although it would be possible to
Objects mounted on walls and posts of, such a change in view of its redesign gas pumps to be 48 inches to
can be hazardous to persons with vision application to a wide and varied range the highest operable part, even when
impairments unless treated according to of controls and elements. However, the installed on a curb, such gas pumps
the specifications in section 307 for Board acknowledged that the ANSI would have non-uniform fittings. They
protruding objects. Objects mounted on A117.1–1998 standard included such a noted that installing them would be
walls above the standard sweep of canes change, which would mitigate the costly and could necessitate removing
(i.e., higher than 27 inches from the impact of similar action by the Board in the entire curb.
floor) and below the standard head view of new codes based on the ANSI Response. The maximum side reach
room clearance (80 inches), are limited A117.1 standard. height has been lowered from 54 to 48
to a 4 inch depth. Objects mounted on Comment. Several hundred inches. An exception is provided for the
posts within this range are limited to a comments, almost a fifth of the total operable parts of fuel dispensers, which
12 inch overhang. received in this rulemaking, addressed are permitted to be 54 inches high
Comment. Several commenters called the merits of lowering the side reach maximum where dispensers are
for the 27 inch triggering height to be maximum. The vast majority urged installed on existing curbs. This
reduced. Recommendations ranged from lowering the side reach, consistent with exception responds to industry’s
15 to 6 inches. Comments also the advisory committee’s concern regarding costs associated with
recommended that post-mounted recommendation. Most of these alterations and will permit the existing
objects be held to the requirements for comments were submitted by persons of stock of gas pumps that are currently
wall-mounted objects. short stature and disability groups. within 54 inches to be used. In addition,
Response. Post-mounted objects are These commenters, as well as the ANSI certain exceptions are provided for
common along sidewalks, street A117 Committee and the Little People elevators in section 407, consistent with
crossings, and other public rights-of- of America, stated that the unobstructed the ANSI A117.1 standard.
way. The Board intends to develop high reach range requirement should be Comment. Requirements for side
guidelines specific to public rights-of- lowered to 48 inches to help meet the reaches over an obstruction in 308.3.2
way in a separate rulemaking. This needs of people of short stature, people limit the height of the obstruction to 34
other rulemaking will address and with little upper arm strength and inches maximum. A major manufacturer
invite comment on protruding objects in movement, and people with other of laundry equipment indicated that this
public rights-of-way. With respect to the disabilities. This change would enhance specification would significantly impact
the standard design of clothes washers Specifically, the Board asked whether a ramps, not the flared sides, can be
and dryers, which have a standard work maximum 3.5 pounds of force and a considered part of an accessible route.
surface height of 36 inches. Complying maximum 1/10 inch stroke depth
403 Walking Surfaces
with a 34 inch maximum height would provide sufficient accessibility for the
decrease machine capacity and involve use of operable parts activated by a Requirements in 403 for walking
substantial redesign and retooling to single finger (Question 18) and whether surfaces apply to portions of accessible
develop compliant top-loading and there were any types of operable parts routes existing between doors and
front-loading machines. that could not meet, or would be doorways, ramps, elevators, or lifts. The
Response. An exception has been adversely affected by such criteria requirements for walking surfaces
added that permits the top of washing (Question 19). The few comments derive from existing specifications for
machines and clothes dryers to be 36 received on this issue were evenly accessible routes covering floor or
inches maximum above the floor. divided on the merits of adding these ground surfaces, slope, changes in level,
specifications. Comments noted that and clearances. Revisions made to this
309 Operable Parts section include:
they would pose problems for fare
Specifications for operable parts machines and interactive transaction • Adding an exception for circulation
address clear floor space, height, and machines designed to withstand paths in employee work areas (403.5,
operating characteristics. Operable parts vandalism and misuse, various types of Exception).
are required to be located with the reach • Removing redundant specifications
plumbing products, dishwashers and
ranges specified in 308. In addition, for protruding objects (403.5.3 in the
laundry machines, and amusement
they must be operable with one hand proposed rule).
games and attractions. The elevator • Addressing handrails provided
and not require tight grasping, pinching, industry indicated that the noted
twisting of the wrist, or more than 5 along walking surfaces (403.6).
specifications would not pose a problem The final rule requires that common
pounds of force to operate. in the design of elevators.
Comment. The proposed rule use circulation paths within work areas
included an exception from the height Response. Due to the limited support satisfy requirements for accessible
requirements in 309.3 for special expressed and the potential impacts routes (203.9). This provision does not
equipment and electrical and raised by commenters, a maximum 3.5 require full accessibility within the
communications systems receptacles. pounds of force and a maximum 1/10 work area or to every individual work
This exception’s coverage of various inch stroke depth for operable parts station, but does require that a
operable parts was considered to be too activated by a single finger has not been framework of common use circulation
broad. included in the final rule. pathways within the work area as a
Response. This exception has been Chapter 4: Accessible Routes whole be accessible. These circulation
revised to specifically cover operable paths must be accessible according to
parts that are ‘‘intended for use only by Chapter 4 contains technical requirements for accessible routes and
service or maintenance personnel,’’ requirements for accessible routes (402) walking surfaces. Section 403.5 includes
‘‘electrical or communication and the various components of such requirements for the clear width of
receptacles serving a dedicated use,’’ routes, including walking surfaces (403), walking surfaces. The Board has
and ‘‘floor electrical receptacles.’’ doors, doorways and gates (404), ramps included an exception to section 403.5
However, since such equipment may (405), curb ramps (406), elevators (407 which recognizes constraints posed by
merit exception from other criteria for through 409), and platform lifts (410). In various types of equipment on the width
operable parts besides the height the proposed rule, this chapter included of circulation paths. Under this
specifications, this exception has been requirements for accessible means of exception, the specified clearance for
recast as a general exception from egress and areas of refuge (409 and 410). common use circulation paths within
section 309 and has been relocated to These sections have been removed, as employee work areas can be reduced by
the scoping requirement for operable discussed above at section 207. The equipment where such a reduction is
parts in Chapter 2 (see section 205.1, scoping provisions for accessible means essential to the function of the work
exceptions 1, 2, and 4). of egress at section 207 now reference being performed.
Comment. Gas pump manufacturers corresponding requirements in the The proposed rule included a
indicated that the safety requirements International Building Code (IBC). requirement that protruding objects not
for the operation of gas pump nozzles Information on the IBC is available on reduce the required clear width of
effectively preclude a maximum the Board’s Web site at www.access- walking surfaces (403.5.3). The Board
operating force of 5 pounds. board.gov and in advisory notes. has removed this requirement as
Response. An exception has been 402 Accessible Routes redundant. Section 307, which
added to 309.4 that permits gas pump addresses protruding objects, specifies
nozzles to have an activating force Section 402 lists the various elements that such objects not reduce the clear
greater than 5 pounds. that can be part of an accessible route: width of accessible routes (307.5).
Comment. The Board sought comment walking surfaces, doorways, ramps, Comment. Requirements for handrails
on whether the maximum 5 pounds of elevators, and platform lifts. Walking in the proposed rule applied only to
force was appropriate for operating surfaces must have a running slope of those provided along ramps and stairs.
controls activated by a single finger, 1:20 or less. Those portions of accessible The handrail requirements in section
such as elevator call and control panel routes that slope more than 1:20 must be 505 address specifications for
buttons, platform lift controls, telephone treated as ramps or curb ramps. continuity, height, clearance, gripping
key pads, function keys for ATMs and Comment. Comments noted that curb surface, cross section, fittings, and
fare machines, and controls for ramps should be included in the list of extensions. The Board sought comment
emergency communication equipment accessible route components. on whether these requirements should
in areas of refuge, among others. Response. A reference to curb ramps also be applied to handrails that are
Usability of such controls also may be has been added to this list in the final provided along portions of circulation
affected by how far the button or key rule (402.2). In addition, the Board has paths without ramps or stairs (Question
must be depressed for activation. clarified that only the run of curb 20). The few comments that addressed
this question supported the inclusion of and with scoping provisions for doors, circulation and to enhance privacy. As
such a requirement. doorways, and gates in section 206.5. In a matter of design, practice, or code
Response. In the final rule, the Board addition, clarification has been added requirement, such doors are typically
has included a requirement at section that the requirements for manual doors, wider in order to accommodate beds
403.6 that handrails, where provided doorways, and gates in section 404.2 and gurneys.
along walking surfaces not treated as a apply to those ‘‘intended for user Comment. Table 404.2.4.1 specifies
ramp (i.e., those with running slopes no passage.’’ maneuvering clearances for manual
steeper than 1:20), meet the technical Comment. Commenters requested that swinging doors and gates. At doors that
criteria in section 505. The Board has the Board specifically address doors provide a latch side approach, the
included provisions in section 505 that which do not provide user passage. minimum depth of this clearance is
exempt walking surfaces from Response. Section 404, as all of increased where a closer is provided
requirements for handrails on both sides Chapter 4, addresses accessible routes because additional space is needed to
and from requirements for handrail and components of such routes. Doors counteract the force of closers while
extensions. which do not provide user passage maneuvering through the door from
Comment. Section 403.5 specifies a would not be considered part of an either the push or the pull side. In the
continuous clearance of 36 inches accessible route. However, doors not proposed rule, this additional depth (6
minimum for walking surfaces. Wider providing user passage, such as those at inches) was specified when both a
clearances are specified for wheelchair many types of closets and wall mounted closer and a latch are provided.
passing space (60 inches minimum) and cabinets, are subject to requirements for Comments indicated that this
certain sharp turns around narrow storage (811) and for operable parts requirement should apply based on the
obstructions. Several comments urged (309) where they are required to be provision of a closer since the addition
an increase in the specified clearances accessible. of a latch does not impact the need for
for walking surfaces, such as a 48 inch Section 404.2.4 addresses additional maneuvering clearance.
minimum for exterior routes, and an maneuvering clearances at manual Response. The specification in Table
increase in wheelchair passing space to doors, doorways, and gates. It includes 404.2.4.1, footnote 4, has been revised to
66 inches. tables that specify these clearances apply where a closer is provided at
Response. No revisions have been according to the type of door, doorway, doors with latch side approaches. The
made to the specified clearance of or gate (swinging, sliding, folding, and reference to latches has been removed.
walking surfaces. The minimum width doorways without doors or gates) and Comment. Section 404.2.5 addresses
of exterior routes on public streets and the approach (front, latch side, hinge the height of thresholds. A maximum
sidewalks will likely be revisited in side). Clearances are specified for the height of 1⁄2 inch is generally specified,
supplementary guidelines specific to pull side and the push side in the case although an exception permits a
public rights-of-ways that the Board of swinging doors. The final rule maximum height of ‘‘inch at existing or
intends to develop. These includes clarification, which was altered thresholds that have a beveled
supplementary guidelines will be partially contained in a previous edge on each side. Many comments
proposed for public comment. footnote to Table 404.2.4.1, that opposed any threshold height above 1⁄2
maneuvering clearances ‘‘shall extend inch. Conversely, a few comments urged
404 Doors, Doorways, and Gates the full width of the doorway and the that this exception be broadened to
This section covers both doors, required latch side or hinge side restore a similar allowance for exterior
doorways, and gates that are manually clearance,’’ consistent with sliding doors.
operated (404.2) and those that are corresponding figures. Response. The Board has retained the
automated (404.3). Changes made to the Comment. The proposed rule 3⁄4 inch height allowed for thresholds
requirements for manually operated exempted doors to hospital patient with a beveled edge on each side that
doors: rooms that are at least 44 inches wide are existing or altered because
• Clarify coverage of gates and the from the specifications for latch side compliance with the 1⁄2 inch
application of this section to manual clearances. This exception derives from requirement can, in some cases,
doors and doorways intended for user the original ADAAG and was intended significantly increase alteration costs
passage (404.2). to apply to those types of patient rooms and necessitate replacement of door
• Clarify and modify maneuvering where patients are typically transported assemblies. An exception in original
clearance requirements (404.2.4). in and out by hospital staff. Commenters ADAAG that allowed a 3⁄4 inch
• Modify requirements for doors and pointed out that this exception should threshold at exterior sliding doors was
gates in series (404.2.6). be limited to acute care patient removed in the proposed rule because
• Clarify the height of door and gate bedrooms, as in the original ADAAG. products are available, including
hardware and add an exception for gates The 44 inch specification pertains to the swinging doors, that meet the 1⁄2 inch
at pools, spas, and hot tubs (404.2.7). clear opening width of doors intended maximum specified for all other doors.
• Revise an exception for door and to accommodate gurneys. No changes to the criteria for thresholds
gate surface requirements (404.2.10, Response. The exception, located at have been made in the final rule.
Exception 2) and add a new exception section 404.2.4 in the final rule, remains Section 404.2.6 specifies the
for existing doors and gates (Exception generally applicable to entry doors minimum separation between doors and
4). serving hospital patient rooms. The 44 gates in series (48 inches plus the width
In the proposed rule, section 404 inch width criterion has been removed of doors or gates swinging into the
referenced doors and doorways. The so that the exception may be applied space). The proposed rule, consistent
original ADAAG included a provision without regard to the door width. The with the original ADAAG, included a
for gates which were subject to all Board opted not to limit the application requirement that doors and gates in
relevant specifications for doors and of this exception due to concerns about series swing either in the same direction
doorways. The final rule includes the impact on the standard design and or away from the space in between. The
references to gates throughout section size of patient rooms. Doors to patient Board has removed this requirement for
404 so that they are equally covered, rooms are often located close to adjacent consistency with the ANSI A117.1
consistent with the intent of this section interior walls in order to facilitate standard. The required separation
between doors and gates in series and concerning ‘‘locks used only for security floor or ground (Exception 3), and
specifications for maneuvering purposes’’ could be construed as existing doors and gates (Exception 4).
clearances at doors will ensure applying to any lock. No changes have Comment. Exception 2 exempts
sufficient space regardless of the door been made to the exception. tempered glass doors without stiles that
swing. Comment. Section 404.2.9 addresses have a bottom rail or shoe with the top
The height of door and gate hardware the opening force of doors and gates. leading edge tapered at 60 degrees
(34 to 48 inches) is specified in section The provisions are consistent with minimum from the horizontal.
404.2.7. In the final rule, the Board has existing ADAAG specifications by Comments indicated that these types of
clarified that this height pertains to the requiring a maximum 5 pounds of force doors should be exempt from the
operable parts of hardware, consistent for sliding, folding, and interior hinged requirement for the smooth surface area
with the ANSI A117.1 standard. doors. Fire doors are required to have on the push side, but should be subject
In finalizing this rule and the minimum opening force permitted to other portions of the provision
incorporating its guidelines for by the appropriate administrative covering surface joints and added kick
recreation facilities, the Board authority. No maximum opening force plates.
determined that the specified height for was proposed for exterior hinged doors. Response. In the final rule, section
door and gate hardware conflicts with Many comments urged the Board to 404.2.10, Exception 2 has been revised
industry practice or safety standards for address exterior hinged doors, with a to exempt the type of tempered glass
swimming pools which specify a higher majority proposing a maximum of 8.5 doors described only from the
range for the location of latches beyond pounds of force. Where this maximum requirement for a smooth surface on the
the reach of young children. The Model cannot be met, the door should be push side that extends the full width of
Barrier Code for Residential Swimming required to be automatic or power- the door. Such doors remain subject to
Pools, Spas, and Hot Tubs (ANSI/NSPI– assisted, according to these comments. specifications for parts creating joints in
8 1996) permits latch releases for chain Some commenters felt that automatic the surface and for provided kick plates.
link or picket fence gates to be above 54 doors should be made mandatory In finalizing the rule, the Board
inches. The model safety standard does regardless of the opening force of determined that the cost of making
not apply this requirement to key locks, manual hinged doors. existing doors or gates comply with the
electronic openers, and integral openers Response. Historically, the Board has smooth surface requirement in
which have a self-latching device that is not specified a maximum opening force alterations can be significant. An
also self-locking. To reconcile this for exterior hinged doors to avoid exception from this requirement for
conflict, the Board has added an conflicts with model building codes. existing doors and gates is provided in
exception in the final rule for barrier The closing force required by building the final rule (404.2.9, Exception 4).
walls and fences protecting pools, spas, codes usually exceeds 5 pounds, the Under this exception, such doors or
and hot tubs (404.2.7, Exception 2). maximum considered to be accessible. gates do not have to comply with the
Under this exception, a 54 inch Factors that affect closing force include surface requirements, provided that
maximum height is permitted for the the weight of the door, wind and other cavities created by added kick plates are
operable parts of the latch release on exterior conditions, gasketing, air capped.
self-latching devices. Although the final pressure, heating, ventilation, and air Section 404.3 addresses automatic
guidelines specify 48 inches as the conditioning (HVAC) systems, and doors and gates, including those that are
maximum forward or side reach, the energy conservation, among others. full-powered, low-energy, and power-
original ADAAG recognized a maximum Research previously sponsored by the assisted. In addition to the provisions of
of 54 inches for side reach. Consistent Board indicates that a force of 15 section 404.3, such doors are subject to
with the model safety standard, this pounds is probably the most practicable industry standards (ANSI/BHMA 156.10
exception is not permitted for self- as a specified maximum. Considering and 156.19). The reference to these
locking devices operated by keys, that closing force is 60% efficient, a 15 standards in section 105.2 has been
electronic openers, or integral pound maximum for opening force may updated in the final rule to refer to the
combination locks. be sufficient for closure and positive most recent editions: ANSI/BHMA
Comment. Section 404.2.7 also covers latching of most doors, but is triple the A156.10–1999 Power-Operated
the operating characteristics and height recognized maximum for accessibility. Pedestrian Doors and the 1997 or 2002
of door and gate hardware. An A maximum opening force for exterior editions of ANSI/BHMA A156.19
exception is provided for ‘‘existing locks hinged doors has not been included in Power-Assist and Low-Energy Power-
at existing glazed doors without stiles, the final rule. Operated Doors. The Board’s Web site at
existing overhead rolling doors or Section 404.2.10 requires that www.access-board.gov provides further
grilles, and similar existing doors or swinging doors and gates have a smooth information on these referenced
grilles that are designed with locks that surface on the push side that extends standards. Provisions in section 404.3
are activated only at the top or bottom their full width. This provision derives address clear width; maneuvering
rail.’’ The advisory committee had from the ANSI A117.1–1992 standard clearance; thresholds; doors and gates in
recommended a broader exception that and is intended to permit wheelchair series; operable parts; break out
would have permitted any location for footrests to be used in pushing open opening; and revolving doors, gates, and
locks used only for security purposes doors without risking entrapment on the turnstiles.
and not for normal operation. Several stile. This provision requires that parts Changes made to this section include:
comments preferred the exception put creating joints in the smooth surface are • Removal of unnecessary language
forth by the advisory committee over the to be within 1⁄16 inch of the same plane from the charging statement (404.3).
one proposed by the Board. as the other. Also, cavities created by • Modification of maneuvering
Response. The Board sought to limit added kick plates must be capped. clearance specifications (404.3.2).
the exception to existing doors or grilles Exceptions from this requirement are • Removal of requirements for door
because design solutions for accessible recognized for sliding doors (Exception labels and warnings (404.3.6 in the
doors and gates are available in new 1), certain tempered glass doors without proposed rule).
construction. In addition, the Board felt stiles (Exception 2), doors and gates that • Revision of specifications for break
that the advisory committee’s language do not extend to within 10 inches of the out opening (404.3.6).
• Addition of a provision for wide. In addition, the Board has added Section 405.2 specifies a maximum
revolving doors, gates, and turnstiles an exception under which compliance running slope of 1:12 for ramps.
(404.3.7). with this provision is not required Alternate slope requirements are
Comment. In the proposed rule, where accessible manual swinging permitted for short ramps in existing
section 404.3 noted that ‘‘[a]utomatic doors or gates serve the same means of facilities where space constraints
doors shall be permitted on an egress. effectively prohibit a 1:12 running
accessible route.’’ Commenters Comment. A commenter advised that slope. A 1:10 maximum slope is
indicated that this language was no revolving doors or turnstiles should permitted for ramps with a rise of up to
unnecessary since any type of door be permitted on an accessible route. 6 inches, and a maximum 1:8 slope is
complying with section 404 may be on Response. As indicated in the allowed for ramps with a rise of up to
an accessible route (404.1). proposed rule, manual revolving doors, 3 inches.
Response. The statement permitting gates, and turnstiles cannot be part of an Comment. Commenters recommended
automatic doors on accessible routes in accessible route (404.2.1). The Board that language in the original ADAAG be
section 404.3 has been removed. has included a provision clarifying that restored calling for the ‘‘least possible
In the proposed rule, section 404.3.2 automatic types of revolving doors, slope’’ to be used, with 1:12 being the
required that maneuvering clearances gates, and turnstiles cannot be the only maximum allowed.
specified for swinging doors be means of passage at an accessible Response. While the least possible
provided at power-assisted doors and slope is generally desired for easier
entrance (404.3.7). While automated
gates since their activation, unlike those access, this language had been removed
revolving doors, if large enough, may be
that are fully automated, involves because it is considered too vague from
usable by people with disabilities,
manual operation. In the final rule, this a compliance standpoint and thus
certain questions remain about the
provision has been revised to also apply difficult to enforce. The final rule,
appropriate maximum speed, minimum
to automatic doors and gates not consistent with the proposed rule,
diameter, compartment size, width and
equipped with standby power that are specifies only that the maximum slope
configuration of openings, break out
part of an accessible means of egress. In shall be 1:12.
openings, and safety systems such as
cases of building power failure, this will Comment. The proposed rule
motion detectors that stop door included an exception for qualified
help provide access where manual
operation of the door or gate is required, movement without contact. An alternate historic structures (405.2, Exception 2)
unless the opening device has its own door in full compliance with 404 is that would have permitted a running
back-up power supply. A new exception considered necessary since some people slope of 1:6 maximum for ramps no
exempts those automatic doors or gates with disabilities may be uncertain of longer than 24 inches. Commenters
that remain open in the power-off their usability or may not move quickly urged that this exception be removed for
condition since manual operation is not enough to use them. consistency with the ANSI A117.1–1998
necessary during power outages. 405 Ramps standard and the International Building
The proposed rule included a Code (IBC).
requirement that labels and warning Section 405 provides technical Response. This exception for qualified
signs for automatic doors meet criteria for ramps. Revisions made to historic facilities has been removed in
requirements in section 703.4 for non- this section include: the final rule. Such facilities, however,
tactile signage (404.3.6). The Board has • A new exception for ramps in may qualify for the exceptions generally
removed this requirement in the final assembly areas (405.1). permitted for existing facilities that have
rule since the referenced industry • Removal of an exception for ramp been retained in the final rule.
standards address the characteristics of slopes in historic facilities (405.2). The final rule includes exceptions for
these signs and labels. • Addition of exceptions for ramps in ramps located in employee work areas.
Comment. In the proposed rule, the employee work areas (405.5 and 405.8). Common use circulation paths within
Board included a requirement that the • Clarification of specifications for such areas are subject to requirements
clear break out opening for swinging or ramp landings (405.7). for accessible routes (203.9). These
sliding automatic doors be at least 32 Comment. Requirements for ramps circulation paths must be accessible
inches in emergency mode so that an apply to portions of accessible routes according to requirements for accessible
accessible route through them is that slope more than 1:20. Technical routes, including ramps. Exceptions
maintained in emergencies (404.3.7). provisions address running slope, cross included in the final rule for the clear
Several comments opposed this slope, handrails, landings, edge width (405.5) and handrails (405.8) of
requirement because of a common protection, and other elements. ramps located in employee work areas
accessibility retrofit in which 60 inch Comments from designers of assembly recognize constraints posed by various
wide double doors are automated so that areas requested that the guidelines make types of equipment. Employee work
both 30 inch leaves open clear that ramps adjacent to seating in area ramps do not have to meet the
simultaneously to meet the minimum 32 assembly areas that are not part of a specified 36 inch minimum clear width
inch clear opening requirement. required accessible route do not have to where a decrease is necessary due to
However, neither leaf would provide the comply with the guidelines. Often, it is equipment within the work area so long
minimum 32 inch clearance in not practicable that such ramps meet as the decrease is essential to the work
emergency mode required by this requirements for handrails, edge being performed. Ramps within
provision. protection, running slope, and other employee work areas are not required to
Response. The Board has revised the specifications. have handrails if they are designed to
requirement so that it applies only to Response. An exception has been permit the later installation of
those automatic doors and gates without added in the final rule (405.1) for ramps complying handrails. A clearance of 36
standby power that are part of a means adjacent to seating in assembly areas, inches between handrails is required,
of egress (404.3.6). Automatic doors which are not required to comply with except at those ramps that qualify for
equipped with backup power would the guidelines provided that they do not the clear width exception in 405.5.
meet this requirement, including those serve elements required to be on an Comment. Section 405.7 addresses
with double leaves less than 32 inches accessible route. ramp landings, including the minimum
width and length (405.7.2 through permitted where pedestrians would not location applies to curb ramps ‘‘and the
405.7.4). A commenter suggested that normally walk across the ramp. In the flared sides of curb ramps.’’
these provisions be revised to the final rule, this distinction has been Comment. Section 406.6 provides
‘‘clear’’ dimension for clarity and removed. However, curbs with returned specifications for diagonal (or corner
consistency. sides remain an alternative to flared type) curb ramps. These curb ramps
Response. Specifications for ramp sides. In addition, the specification for must have a 48 inch minimum clear
landings have been revised in the final shallower (1:12) side flares for curb space at the bottom. Comments advised
rule, as suggested, to refer to the ‘‘clear’’ ramps with limited space at the top has that this space should be provided
dimension. been removed in conjunction with outside active traffic lanes of the
revisions to the criteria for landings roadway so that persons traversing the
406 Curb Ramps ramp are not in the way of oncoming
(406.4).
Section 406 provides requirements Comment. Commenters advised that traffic from either direction at an
specific to curb ramps and also applies landings should be specified at the top intersection.
requirements for other types of ramps of curb ramps. Response. Clarification has been
covered by section 405. These include Response. Section 406.4 is new to the added in the final rule that the clear
specifications for running slope, surface, final rule in clarifying requirements for space at the bottom of diagonal curb
clear width, and wet conditions. landings at the top of curb ramps. Curb ramps must be located ‘‘outside active
Consistent with the scope of the ramps must be connected by an traffic lanes of the roadway.’’
guidelines, these requirements apply to Comment. Requirements for diagonal
accessible route which, in effect,
facilities on sites. The Board will curb ramps in section 406.6 also specify
requires space at least 36 inches in
address and invite comment on that a segment of straight curb at least
length at the top of curb ramps.
requirements for curb ramps located in 2 feet long must be provided on each
Otherwise, maneuvering at the top of
public streets and sidewalks in side of the curb ramp and within the
ramps would require turning on the
upcoming rulemaking to develop marked crossing. This portion of curb
flared sides. Landings must also be as
supplementary guidelines specific to face provides a detectable cue to people
wide as the curb ramp they serve. The
public rights-of-way. This supplement with vision impairments traveling
proposed rule specified that side flares within the crosswalk. Comments noted
will be proposed for public comment of 1:12 maximum must be provided
based on recommendations from the that this segment of curb does not have
when space at the top of curb ramps is to be horizontally straight to provide
Board’s Public Rights-of-Way Access less than 48 inches long. This
Advisory Committee, which was such a cue and that achieving straight
specification has been removed. segments two feet long within marked
comprised of representatives from the However, a similar exception has been
transportation industry, Federal, State crossings is very difficult under
added for alterations. Under this standard intersection design
and local government agencies, the exception, 1:12 maximum side flares are
disability community, and design and conventions.
required where there is no landing at Response. The requirement in section
engineering professionals. This the top of curb ramps. This exception
committee’s recommendations are 406.6 that the 2 foot curb segment aside
was provided to address situations diagonal curb ramps be ‘‘straight’’ has
contained in a report, ‘‘Building a True where existing space constraints or
Community,’’ which was submitted to been removed. The segment can be
obstructions may prohibit a landing at provided at arced portions of the curb,
the Board in January 2001. the top of curb ramps.
Provisions for curb ramps in section but must still be located within marked
The proposed rule noted that crossings.
406 have been revised to: handrails are not required on curb
• Clarify requirements for cross slope Comment. Comments, most from
ramps (406.4 in the proposed rule). This groups representing persons with vision
(406.1).
language, though accurate, has been impairments, called attention to the
• Modify specifications for side flares
removed as unnecessary since the need for detectable warnings at curb
(406.3) and landings (406.4).
• Delete unnecessary language technical provisions for curb ramps in ramps, blended curbs, and cut-through
concerning handrails (406.4 in the section 406 do not include or reference islands. They requested that such a
proposed rule). requirements for handrails. requirement be reinstated in the final
• Clarify the specified location of Section 406.5 specifies the location of rule. A few comments opposed such a
curb ramps (406.5). curb ramps at marked crossings. In the change.
• Change specifications for diagonal final rule, requirements for the general Response. The original ADAAG
curb ramps (406.6). location of curb ramps that were contained a requirement that curb ramp
Comment. Comments indicated that provided at section 406.8 in the surfaces have a raised distinctive
specifications for cross slope (1:48 proposed rule have been integrated into pattern of truncated domes to serve as
maximum) are not referenced in the this provision for simplicity. As a warning detectable by cane or
curb ramp section. reformatted, section 406.5 covers the underfoot to alert people with vision
Response. In the final rule, the Board location of curb ramps, including at impairments of the transition to
has clarified that curb ramps, like other marked crossings. vehicular ways (ADAAG 4.7.7). This
elements of accessible routes, cannot Comment. Curb ramps must be warning was required since the sloped
have a cross slope steeper than 1:48, by located so that they do not project into surfaces of curb ramps remove a tactile
adding a reference to the cross slope vehicular traffic lanes or parking spaces cue provided by curb faces. In response
specification for ramps in section 405.3. and access aisles. Commenters noted to concerns about the specifications, the
Section 406.3 addresses the sides of that this requirement should be clarified availability of complying products,
curb ramps and specifies that side to apply not only to the run of the curb proper maintenance such as snow and
flares, where provided, have a slope of ramp, but also to flared sides, where ice removal, usefulness, and safety
1:10 maximum. In the proposed rule, provided. concerns, the Board, along with the
this provision required flared sides Response. Consistent with the intent Department of Justice (DOJ) and the
where pedestrians must walk across the of the requirement in section 406.5, the Department of Transportation (DOT),
curb ramp. Returned sides were Board has clarified that the specified suspended the requirement for
detectable warnings at curb ramps and Consistent with the ADAAG Review sections apply to existing elevators that
other locations pending the results of a Advisory Committee’s recommendation, are altered, consistent with the basic
research project sponsored by the Board the Board intends to address detectable application of the guidelines. Provisions
on the need for such warnings at these warnings in public rights-of-way before specific to ‘‘existing’’ elevators in
locations.22 The research project including any specification generally section 407 address certain allowances
showed that intersections are very applicable to sites. Thus, this final rule permitted in the alteration of standard
complex environments and that does not reinstate requirements for elevators.
pedestrians with vision impairments detectable warnings at curb ramps or Substantive changes made to
use a combination of cues to detect hazardous vehicular areas. requirements for elevators in section
intersections. The research project 407 include:
407 Elevators
suggested that detectable warnings had • Revision of the height of call
a modest impact on detecting Section 407 covers passenger controls (407.2.1.1).
intersections since, in their absence, elevators, including destination- • Removal of a specification
pedestrians with vision impairments oriented elevators and existing concerning objects located below hall
used other available cues. The results of elevators. This section also requires call buttons (407.2.2 in the proposed
this research indicated that there may be compliance with the industry safety rule).
a need for additional cues at some types code, ASME/ANSI A17.1–2000 Safety • Modification of specifications for
of intersections, but did not identify the Code for Elevators and Escalators. The audible hall signals (407.2.2.3) and
specific conditions where such cues Board has revised the rule to reference audible car position indicators
should be provided. the most recent edition of this code (407.4.8.2).
Suspension of this requirement (105.2.2).
• Revision of the height of tactile
continued until July 26, 2001, to The requirements for elevators have
been extensively revised and floor designations at hoistways
accommodate the advisory committee’s (407.2.3.1).
review of ADAAG and resulting reformatted. In the proposed rule,
different types of elevators were covered • Addition of an exemption for
rulemaking by the Board.23 The destination-oriented elevators from the
advisory committee recommended that by separate subsections: standard
elevators (407.2), destination-oriented requirements for door and signal timing
the requirement for detectable warnings (407.3.4).
at platform edges in transportation elevators (407.3), limited-use/limited-
application elevators (407.4), and • Addition of a new exception for the
facilities be retained, but it did not make
existing elevators (407.5). In addition, height of car controls (407.4.6.1,
any recommendations regarding the
residential elevators were addressed in Exception 1).
provision of detectable warnings at
a separate chapter covering residential • Modification of requirements for
other locations within a site. The
facilities (11). Since there was keypads (407.4.7.2).
advisory committee suggested that the
considerable redundancy in the • Clarification that requirements for
appropriateness of providing detectable
specifications between some types of operable parts in 309 apply to call
warnings at vehicular-pedestrian
these elevators, the Board has integrated controls (407.2.1) and car controls
intersections in the public right-of-way
into one section (407) the requirements (407.4.6).
should be established first, and that the
for standard, destination-oriented, and • Removal of redundant
application to locations within a site
existing elevators. Basically, this revised specifications for emergency
should be considered afterward.
section tracks the requirements for communication systems (407.4.9).
Consequently, the Board did not include
standard elevators in 407.2 of the • Relocation of requirements for
requirements for detectable warnings in
proposed rule, but the provisions have existing elevator cars to be labeled by
the proposed rule, except at boarding
been renumbered and formatted. the International Symbol of
platforms in transit facilities. Nor did
Various exceptions specific to Accessibility, unless all cars are
the Board further extend the
destination-oriented and existing accessible, to the signage scoping
suspension, which expired on July 26,
elevators have been incorporated into section (216.7).
2001. Since the enforcing agencies did
this section to preserve the substance of Section 407.2 provides specifications
not extend the suspension either, the
differing specifications. Requirements for elevator halls and lobbies. In the
detectable warning requirements are
for limited-use/limited-application final rule, this provision has been
technically part of the existing
(LULA) elevators and residential editorially revised to refer to elevator
standards again. DOJ and DOT can
elevators are provided in sections 408 ‘‘landings,’’ consistent with the ANSI
provide additional guidance on their
and 409, respectively. A117.1–2003 standard.
enforcement of these requirements
pending the update of their standards Comment. The proposed rule applied Comment. The proposed rule
according to these revised guidelines. requirements specifically to ‘‘new’’ specified that call buttons be located 35
The Board will address and invite elevators, including destination- to 48 inches above the floor (407.2.2).
comment on detectable warnings on oriented and LULA types, and to These controls should be held to the
curb ramps in its development of ‘‘existing’’ elevators. However, basic reach range specifications in
guidelines covering public rights-of- substantive differences between section 308 like any other operable part,
way. Those guidelines will be proposed requirements for ‘‘new’’ and ‘‘existing’’ according to commenters.
for public comment based on elevators applied only to standard Response. In the final rule, call
recommendations from the Public elevators. Comments recommended that controls are required to be located
Rights-of-Way Access Advisory references to ‘‘new’’ be removed for within one of the reach ranges specified
Committee. This committee’s report to consistency with the rest of the in section 308 (407.2.1.1). In addition,
the Board makes recommendations for document. the Board has removed a requirement
detectable warnings at curb ramps. Response. The Board has removed that objects mounted beneath hall call
references to ‘‘new’’ in the requirements buttons protrude no more than 4 inches
22 59
FR 17442 (April 12, 1994). for elevators in sections 407 and 408 for into the clear floor space. Such
23 61
FR 39323 (July 29, 1996) and 63 FR 64836 consistency with the scoping of the protrusions are adequately addressed by
(November 23, 1998). guidelines. The requirements of these requirements for clear floor space in 305
and for protruding objects in section that specified for other types of tactile Consequently, the Board has included
307. signs. an exception, consistent with the ANSI
Comment. Audible hall signals must Comment. Section 407.3.1 recognizes A117.1 standard and the advisory
indicate the direction of a responding acceptable types of elevator doors. The committee’s recommendation, that
car by the number of sounds (once for proposed rule recognized horizontal allows a maximum height of 54 inches
up and twice for down) or by verbal sliding doors. A comment indicated that where the elevator serves more than 16
announcements (407.2.2.3). The other door types recognized by the openings and a parallel approach is
proposed rule included a maximum elevator code should be recognized, provided (407.4.6.1, Exception 1).
frequency (1,500 Hz) for audible signals. such as vertical sliding doors. Comment. The proposed rule, in
The Board sought comment on whether Response. In the draft of the final addressing elevator car controls,
a frequency band width should be guidelines, the Board had included a required that telephone-style keypad
specified for verbal annunciators reference to vertical sliding doors buttons, where provided, be identified
(Question 21). Specifically, the Board permitted by the elevator safety code by raised characters centered on the
asked whether a band width of 300 to (ASME A17.1) in response to this keypad button (407.2.11.2). Comments
3,000 Hz for hall signals would be comment. A similar change was not indicated that tactile characters for each
appropriate. Information on the approved for the ANSI A117.1 standard button are not needed on such keypads.
availability and cost of products due to concerns about such doors Support was expressed for making this
meeting this specification was also posing a tripping hazard to persons with requirement consistent with the ANSI
requested. Comments from the elevator vision impairments. For consistency, A117.1–1998 standard which requires a
industry indicated that hall signals the Board has removed the reference to standard keypad arrangement with a
currently fall within this range. vertical sliding doors in the final rule. raised dot on the number 5 key which
Section 407.3.4 specifies door and is held to specifications for braille dots
Response. The Board has added a
signal timing. This provision helps and a base diameter of 0.118 to 0.120
requirement in the final rule that hall
ensure that elevator doors remain open inch. Raised characters are not required.
signal verbal annunciators have a
long enough for persons with Response. The Board has revised the
frequency of 300 Hz minimum and
disabilities to travel from call buttons to requirements for elevator keypads, now
3,000 Hz maximum. For consistency, a the responding car and is based on a located at 407.4.6.3 and 407.4.7.2, that
similar requirement is specified for travel speed of 11⁄2 feet per second. are consistent with the ANSI A117.1
verbal car position indicators Destination-oriented elevators may have standard. The final rule requires a
(407.4.8.2.3). In the proposed rule, these call buttons located outside elevator standard telephone keypad arrangement
verbal annunciators were subject to a landing areas and have enhanced with the number 5 key identified by a
maximum frequency of 1,500 Hz. In programming features for the response raised dot that complies with
addition, the Board has modified hall time of cars. In recognition of this, the specifications for the base diameter and
signal verbal annunciators by requiring Board has included in the final rule an specifications for braille dots in section
that they ‘‘indicate the direction of exception from the door and signal 703.3.1. In addition, the Board has
elevator car travel,’’ instead of timing requirements for destination- included a requirement that the
specifying the content (‘‘up,’’ ‘‘down’’) oriented elevators (407.3.4, Exception characters provided on buttons comply
as required in the proposed rule. 2). with visual characteristics specified in
Comment. The proposed rule Comment. Comments recommended section 703.5, which covers finish and
specified a decibel range of 20 to 80 that the height of elevator car controls contrast, character proportion and
decibels for hall signals and be harmonized with the ANSI A117.1 height, stroke thickness, and other
annunciators (407.2.3.1) and car standard. Specifically, the ANSI criteria.
position annunciators (407.3.4.2). standard specifies a maximum reach Section 407.4.9 provides criteria for
Comments recommended that the height of 48 inches for forward or side emergency two-way communication
minimum be changed to 10 decibels reaches. It also provides an exception systems in elevator cars which address
above the ambient noise level for that allows a maximum height of 54 the height of operable parts and
consistency with the ANSI A117.1–2003 inches for elevators with more than 16 identification by tactile characters. The
standard. openings where a parallel approach to proposed rule included requirements for
Response. The minimum decibel the car controls is provided. The the cord length of provided handsets
range for hall and car position signals advisory committee also recommended and instructions. It also required that
has been changed to 10 decibels above lowering the maximum height for emergency signaling devices not be
ambient. In addition, the provision for control buttons from 54 to 48 inches, limited to voice communication. These
audible indicators (407.4.8.2) has been consistent with its recommendations for requirements have been removed in the
revised to require floor announcement reach ranges generally. The advisory final rule because the referenced
when the car is about to stop, instead of committee recognized a potential elevator safety code (ASME A17.1), as
when it has stopped, consistent with the adverse impact of a lower maximum revised, adequately addresses these
ANSI A117.1 standard. height on elevators with panels that features or makes them unnecessary. For
The proposed rule specified that must have a large number of buttons in example, the ASME code prohibits the
tactile floor designations at the hoistway a limited amount of space and use of handsets since they are easily
be 60 inches above the floor, measured recommended an exception that would subject to vandalism, which obviates the
from the baseline of the characters allow the 54 inch maximum height for need for specifications concerning the
(407.2.4). In the final rule, this elevators with more than 16 stops. cord length.
specification, now located at section Response. As discussed above in Comment. Comments recommended
407.2.3.1, applies the mounting height section 308, the Board lowered the that the guidelines address emergency
generally required for other types of maximum side reach height from 54 to communication systems located in a
tactile signs by 703.2 (48 to 60 inches 48 inches. This height is the same as closed compartment and apply the
above the floor). The Board felt that that specified for forward reaches. specifications for operable parts in
there was little reason to hold hoistway Elevator car controls are required to be section 309 to compartment door
signs to a more restrictive location than within these reach ranges (407.4.6.1). hardware.
Response. The Board had included also required to indicate termination of requirement for a tactile star at the
such a requirement in the draft of the the two-way communication link. hoistway of the main entry level.
final guidelines (407.4.9.6). In the final The guidelines specify that LULA
408 Limited-Use/Limited-Application elevator cars be at least 42 inches wide
rule, the Board has removed this
Elevators and 54 inches deep with a door on the
requirement since the ASME A17.1
safety code no longer permits Section 408 provides requirements for narrow end providing at least 32 inches
emergency communication systems to limited-use/limited-application (LULA) clear width (408.4.1). In the final rule,
be located within a closed compartment. elevators which correspond to section the Board has added alternate
However, the Board has retained 407.4 in the proposed rule. LULA dimensions which are substantively
provisions it had included that clarify elevators are typically smaller and consistent with the latest edition of the
the application of requirements for slower than other passenger elevators ANSI A117.1 standard. These
operable parts in 309.4 to call controls and are used for low-traffic, low-rise dimensions permit a car at least 51
(407.2.1) and car controls (407.4.6). installations. This section provides inches by 51 inches provided that the
Comment. In order to accommodate specific criteria for these elevators and door has a clear width of at least 36
people with hearing or speech also references various provisions for inches (408.4.1, Exception 1).
impairments, the proposed guidelines standard elevators covered in section
407. Thus, some changes discussed 409 Private Residence Elevators
specified that the emergency
above for standard elevators also pertain Residential dwelling units may be
communication system not rely solely
to LULA elevators as well. For example, equipped with either a LULA elevator or
on voice communication (407.2.13 in
the revision to the height of call buttons a private residential elevator instead of
the proposed rule). The Board sought
in section 407.2.1.1 (which are now a standard passenger elevator (206.6).
information and product literature on
subject to the basic reach range Section 409 provides requirements for
emergency communication devices and
requirements instead of the previously private residential elevators, which
communication technologies that
specified range of 35 to 48 inches) also were located at section 1102.7 in the
provide two-way communication in a
applies to LULA elevators. Additional proposed rule. In the final rule, call
manner accessible to people who are
changes in the final rule that are buttons are subject to requirements in
deaf and others who cannot use voice
substantive in nature pertain to section 309 for operable parts, including
communication (Question 22).
hoistways, car controls, and car sizes. clear floor space (309.2), height (309.3),
Comments, particularly those from Comment. Some individuals and and operation (309.4) according to
groups representing persons who are disability groups opposed the allowance section 409.2. In the proposed rule, they
deaf or hard of hearing, strongly of LULA elevators due to concerns were subject only to requirements for
supported such a requirement. They about their size and accessibility. height. In addition, the Board has
considered some form of interactive Industry, facility operators, designers applied requirements for the operation
communication similar to that available and some disability groups strongly of operable parts (309.4) to controls
through TTYs essential for providing supported LULA elevators as an (409.4.6) and the operable parts of
equivalent access in emergencies. alternative where a standard elevator is emergency communication systems
However, these comments did not not required. (409.4.7.2). No other substantive
specifically mention any technologies Response. The Board has retained changes have been made to this section.
that are currently available to provide provisions for LULA elevators which are
such access within elevator cars. only permitted in facilities not required 410 Platform Lifts
Response. Additional requirements to have any elevator or as an alternative Section 410 provides requirements for
for emergency communication systems to platform lifts (206.6). Since this kind platform lifts and addresses floor
are not included in the final rule. of elevator requires less space and costs surfaces, clear floor space, operable
Further, the Board has removed less than standard elevators, LULA parts, and doors and gates. This section
specifications concerning the method of elevators will provide a more viable has been updated to reference the new
communication since the referenced option where a form of vertical access ASME A18.1 Safety Standard for
elevator safety standard contains would otherwise not be provided. The Platform Lifts and Stairway Chairlifts
analogous provisions. Under such technical criteria for LULA elevators (410.1). This standard was under
provisions, emergency communication specify minimum car sizes that ensure development when the proposed rule
systems cannot rely solely on voice adequate accessibility. In addition, they was published. This section has been
communication. The ASME A17.1 code are required to comply with the reformatted and changes made to the
(section 2.27) requires provision of a applicable section of the elevator safety specifications for doors and gates.
push button labeled ‘‘HELP’’ which, code (ASME/ANSI A17.1, Chapter Comment. Platform lifts are required
when activated, initiates a call for help XXV). to have power-operated doors or gates.
and establishes two-way Comment. Requirements for standard Those with doors or gates on opposing
communication. A visual signal is elevators require that the main entry sides generally facilitate lift use by
required on the same panel as the level be labeled by a tactile star at the permitting a forward approach to both
‘‘HELP’’ button to notify persons with hoistway (407.2.3.1). In the proposed entry and exit doors or gates. As a
hearing impairments that the call for rule, such a requirement was not result, these types of lifts are permitted
help has been received and two-way included for LULA elevators. Comments to have a manual door or gates. The
communication has been established. suggested that such a requirement be guidelines specify that manual doors or
Voice (or other audible systems) with a included in the final rule for gates be ‘‘self-closing’’ (410.5,
visual display that provides information consistency. Exception). Comments noted that since
on the status of a rescue will meet this Response. Requirements for hoistway the ASME/ANSI A18.1 standard
requirement. Clearly labeled visual signs for LULA elevators in section requires such doors and gates to be self-
displays can be as simple as lighted 408.2.3 have been replaced with a closing, the specification in the rule was
jewels that indicate that the call for help reference to corresponding requirements redundant.
has been activated and that the message for standard elevators in section Response. The Board has retained the
has been received. The visual signal is 407.2.3.1. This provision includes a requirement that manual doors or gates
be self-closing (401.5, Exception) for such as access aisles that are less likely Comment. The proposed rule
consistency with the new ANSI A117.1 to be mistaken for another parking removed language in the original
standard. In addition, the Board has space. ADAAG that vehicles parked in
added clarification, consistent with the Response. The final rule includes accessible spaces not reduce the clear
ANSI standard, that the exception in specifications for alternative van width of connecting accessible routes.
section 410.5 does not apply to platform parking spaces based on the ‘‘universal’’ The Board had considered this
lifts serving more than two landings. design specifications (502.2). Van requirement redundant in view of
Comment. Commenters stressed that spaces are required to be at least 11 feet specifications for accessible routes in
platform lifts should not be key wide and to have an access aisle at least section 402. Many commenters
operated. 5 feet wide. An exception allows van disagreed and urged that such a
Response. Previous editions of the spaces to be 8 feet wide where the requirement be restored in the final rule.
safety code for lifts, not the Board’s access aisle is at least 8 feet wide, which Some comments pointed out that the
guidelines, required platform lifts to be is consistent with the specifications of ANSI A1171.1 standard, like the
key operated. The most recent edition of the proposed rule and the original original ADAAG, specifies that ‘‘parked
the ASME standard, which the final rule ADAAG. vehicle overhangs shall not reduce the
references, does not contain a Comment. Requirements for access clear width of an accessible route.’’
requirement for key operation. aisles in section 502.3 address width, Response. The Board has added a
Chapter 5: General Site and Building length, marking, and location. Two requirement that spaces and access
Elements spaces are permitted to share an access aisles be designed so that parked
aisle. The proposed rule, consistent vehicles ‘‘cannot obstruct the required
Chapter 5 provides technical criteria with the original ADAAG, allowed clear width of adjacent accessible
for parking spaces (502), passenger access aisles to be provided on either routes’’ (502.7). A typical design
loading zones (503), stairways (504), side of the parking space. Many solution where accessible routes run in
and handrails (505). commenters urged the Board to revisit front of spaces is the provision of wheel
502 Parking Spaces this issue, particularly with respect to stops that help prevent encroachment
van parking. The lift provided on vans into the accessible route.
Section 502 addresses car parking
is typically located on the passenger 503 Passenger Loading Zones
spaces and van parking spaces.
side. It is important, especially where
Substantive changes pertain to the: Few comments addressed the
• Width of spaces, including van front-in only parking is provided, that
the access aisle be located on the technical requirements for passenger
spaces, and access aisles (502.1 and loading zones, and no substantive
502.2). passenger side of van spaces.
Response. The Board has included a changes to them have been made. For
• Location of access aisles for angled consistency with the ANSI A117.1
van spaces (502.3.4). requirement that where angled spaces
are provided, the access aisle must be standard, the Board has clarified in the
• Identification of van spaces (502.6). final rule that access aisles required at
• Adjacent accessible routes (502.7). located on the passenger side of van
spaces (502.3.4). Otherwise, this passenger loading zones are not
In the final rule, the Board has
provision permits access aisles to be permitted to overlap vehicular ways
clarified how parking spaces and access
located on either side of the space since (503.3).
aisles are to be measured. Where
parking spaces are marked with lines, drivers can pull in or back into spaces 504 Stairways
the width of parking spaces and access as needed.
Section 504 covers stairways,
aisles is to be measured from the To harmonize the guidelines with the
including treads, risers, nosings, and
centerline of the markings (502.1). ANSI A117.1–2003 standard, the Board
handrails. This section requires that
However, at spaces or access aisles not has added clarification that access aisles
landings subject to wet conditions be
adjacent to another parking space or are not permitted to overlap vehicular
designed to prevent the accumulation of
access aisle, width measurements are ways (502.3.4).
water (504.7). In the final rule, the
permitted to include the full width of Comment. The proposed rule
Board has revised this requirement to
the line defining the parking space or removed a requirement that the access
apply to stair treads, as well as landings.
access aisle (502.1, Exception). designation for van parking include the
No other substantive changes have been
Comment. The proposed rule term ‘‘van accessible’’ to clarify that
made to this section.
specified that car and van spaces be at both car and van drivers can use such
least 8 feet wide and that access aisles spaces, as was the original intent of 505 Handrails
be at least 5 feet wide for car spaces and ADAAG. Many commenters strongly Specifications for handrails in section
at least 8 feet wide for van spaces. These opposed this change. While some may 505 apply to those provided at ramps,
specifications are consistent with the have misinterpreted it as removal of the stairs, and along walking surfaces.
original ADAAG. However, that requirement for van accessible spaces, Revisions made to this section concern:
document also recognized an alternative others considered this designation • Coverage of handrails provided
‘‘universal’’ design under which all important in encouraging car drivers to along walking surfaces (505.1).
spaces are designed to be accessible for use other accessible spaces over those • Exceptions for aisle stairs and short
vans or cars by incorporating additional designed to accommodate vans. ramps (505.2).
space in the parking space instead of the Response. The Board has restored the • Handrails at switchback or dogleg
access aisle. Under this design, parking requirement that the designation of van stairs and ramps (505.3).
spaces are at least 11 feet wide and spaces include the term ‘‘van • Gripping surfaces (505.6 and 505.8).
access aisles at least 5 feet wide. accessible’’ (502.6). This designation is • Extensions (505.10).
Commenters requested that this design not intended to restrict the use of spaces Handrails are required along both
be recognized in final rule, at least for to vans only, but instead to identify sides of ramps and stairs. The Board has
the portion of spaces required to be van those spaces better suited for vans. An included a requirement (403.6) that
accessible. Comments pointed out advisory note to this effect is included handrails, where provided along
certain benefits of the alternative design, in the final rule. walking surfaces, comply with section
505, as discussed above. The term codes. They also would preclude use of additional 12 inches at the bottom of
‘‘walking surfaces’’ applies to portions panels below handrails, which have stairs.
of accessible routes that are not treated become popular in meeting code
Chapter 6: Plumbing Elements and
as ramps because the running slope is requirements that prohibit openings in
Facilities
less than 1:20. Consistent with this railings through which a 4 inch sphere
change, provisions in section 505 have can pass. Manufacturers stated that they Chapter 6 provides criteria for
been modified to specifically reference have not received complaints about drinking fountains (602), toilet and
walking surfaces, including the general sharp edges and that some railing cross bathing rooms (603), water closets and
charging statement at 505.1. Walking sections have been used for many years toilet compartments (604), urinals (605),
surfaces are not subject to requirements without injury. Opposing comments lavatories and sinks (606), bathtubs
for handrails on both sides (505.2) or referred to ergonomic studies which (607), shower compartments (608), grab
handrail extensions (505.10). support a 21⁄4 inch clearance below the bars (609), tub and shower seats (610),
In the final rule, an exemption from handrail. laundry equipment (611), and saunas
the requirements for stairways, Response. The Board has revised and steam rooms (612). Alternate
including handrails, has been included some of the specifications for gripping specifications are provided for
for aisle stairs in assembly areas (210.1, surfaces in section 505.6 in order to plumbing elements designed for
Exception 3). An exception from the accommodate a wider range of handrail children’s use as exceptions to
requirement for handrails on both sides materials and designs. The revised requirements based on adult
for aisle ramps and aisle stairs has been provisions prohibit obstructions on the dimensions. These exceptions address
revised for consistency. Specifically, the top and sides of handrails, while the drinking fountains, water closets, toilet
reference to aisle stairs in this exception bottom may be obstructed up to 20% of compartments, lavatories and sinks.
has been removed as redundant. the handrail length. This is generally
Specifications for ramps require consistent with the proposed rule. The 602 Drinking Fountains
handrails only at ramps with a rise Board believes that such a requirement Specifications for drinking fountains
greater than 6 inches (405.8). Curb will still permit popular designs such as in section 602 address access for people
ramps are not subject to handrail panels under handrails so long as they who use wheelchairs (602.2 through
requirements. The Board has removed are not directly connected to the entire 602.6) and for people who do not, but
as redundant an exception in the length of the bottom of the handrail who may have difficulty bending or
handrail section for ramps with a rise of gripping surface. The requirement that stooping (602.7). Substantive changes to
6 inches maximum (505.2, Exception 2). horizontal projections occur 21⁄2 inches this section include:
The guidelines require handrails to be minimum below the bottom of gripping • Removal of references to water
continuous within the full length of surfaces has been changed to 11⁄2 inches, coolers (602.1).
stair flights and ramp runs (505.3). The consistent with model building codes • Requiring all wheelchair accessible
Board has added clarification, and industry practice. In addition, the drinking fountains to provide knee and
consistent with the original ADAAG, Board has added an exception for toe clearance for a forward approach
that the inside handrail at switchback or handrails along walking surfaces that (602.2).
dogleg stairs and ramps be continuous. permits obstructions along the entire • Lowering the minimum height of
This change was made for consistency bottom length that are integral to crash drinking fountains for standing persons
with the ANSI A117.1 standard. rails and bumper guards (505.6, (602.7).
Comment. The proposed rule Exception 1). Another exception, Comment. The proposed rule,
specified that gripping surfaces be consistent with the ANSI A117.1–2003 consistent with the original ADAAG,
continuous and unobstructed by standard and recommended by a addressed both drinking fountains and
elements, including newel posts (505.6). comment to the draft of the final water coolers. Comments advised that
An exception permitted brackets and guidelines, allows the distance between the guidelines should not address
balusters attached to the bottom of a horizontal projections and the gripping ‘‘water coolers,’’ a term which is often
handrail provided they did not obstruct surface bottom to be reduced by 1⁄8 inch used to refer to bottled units that are not
more than 20% of the handrail length, for each 1⁄2 inch of additional handrail plumbed or permanently fixed.
their horizontal projection was at least perimeter dimension exceeding 4 inches Response. The Board has removed the
21⁄2 inches from the bottom of the (505.6, Exception 2). A requirement that references to ‘‘water coolers’’ in section
handrail, and their edges had a radius bracket or baluster edges have a radius 602.1 for clarity and consistency with
of at least 1⁄8 inch. Comments from the of 1⁄8 inch minimum has been removed. the scope of the guidelines.
handrail industry, including A similar specification for handrail Comment. For wheelchair access, the
manufacturers, trade associations, and surface edges in section 505.8 has been proposed rule required a forward
others, indicated that these stipulations replaced with a requirement for approach at cantilevered units but
would effectively prohibit many ‘‘rounded edges.’’ allowed a parallel approach at other
common fabrication methods and would Comment. Handrail extensions are types of units, such as those that are
be unduly costly and burdensome on required at the top and bottom of stairs. floor mounted. A forward approach
the industry while promising limited In the proposed rule, bottom extensions provides easier access than a parallel
access benefits. Specifically, these were required to extend one tread depth approach for people using wheelchairs.
comments indicated that many beyond the last riser nosing and an The Board sought comment on whether
materials currently used will not meet additional 12 inches (505.10.3). it should require a forward approach,
the minimum 1⁄8 inch radius Comments advised that the requirement which includes knee and toe clearances
specifications. In addition, commenters for the additional 12 inch segment below the unit, at all wheelchair
claimed many current mounting should be removed, consistent with the accessible drinking fountains (Question
brackets do not meet the 21⁄2 inch ANSI A117.1 standard. Some comments 24). Commenters overwhelmingly
minimum requirement for horizontal also questioned the need for this supported such a requirement as more
projections below the handrail, which is segment at the bottom of stairs. appropriate for wheelchair access.
inconsistent with the 11⁄2 inch Response. The Board has removed the Response. The Board has revised the
minimum specified by model building requirement that handrails extend an rule to require a clear floor space for a
forward approach at all wheelchair not located above a lavatory or closets: associated grab bars, tissue
accessible drinking fountains (602.2). countertop. This specification was dispensers, accessible routes, clear floor
Corresponding changes have been made adopted to accommodate persons of space at other fixtures, and wheelchair
to the specifications for spout location short stature. The Board has included a turning space (604.3.2). Commenters
(602.5). An existing exception for units similar requirement in the final rule. advised that other elements, such as
designed specifically for children’s use coat hooks should be included, as well
permits a parallel approach if certain 604 Water Closets and Toilet as other types of dispensers, such as
criteria for spout height and location are Compartments those for toilet seat covers. In addition,
met. Section 604 addresses access to water the new ANSI A117.1 standard includes
Comment. The proposed rule required closets and toilet compartments. a reference to sanitary napkin disposal
spouts to provide a flow of water at least Revisions to the requirements for water units.
4 inches high ‘‘to allow the insertion of closets concern: Response. In the list of elements
a cup or glass.’’ A comment noted that • Location (604.2). permitted to overlap water closet
the rationale for this specification is not • Clearance (604.3). clearances, the Board has added
needed in the text of the requirement • Grab bars (604.5). references to ‘‘dispensers,’’ ‘‘sanitary
and might be misinterpreted as allowing • Flush controls (604.6). napkin disposal units,’’ ‘‘coat hooks,’’
cup dispensers as an alternative to • Dispensers (604.7). and ‘‘shelves’’ (604.3.2).
accessible units. • Toilet compartments (604.8), Comment. Water closets not in
Response. Language concerning the including those designed for children’s compartments require clearance that is
insertion of cups has been removed as use (604.9). at least 60 inches wide and 56 inches
unnecessary to the water flow In addition, provisions specific to deep. Many comments urged the Board
specification. The minimum 4 inch water closets in residential dwelling to increase this depth so that at least 48
height is intended to allow use of cups units that were located in Chapter 11 in inches is provided in front of the water
for persons who may need to use them. the proposed rule have been closet. Others recommended an overall
However, providing cup dispensers as incorporated into this section. These depth of 78 inches.
an alternative to a compliant unit is not include requirements for space at water Response. The Board has not revised
recognized by these guidelines in new closets (604.3), seat height (604.4), and the minimum dimensions for the clear
construction or alterations. grab bars (604.5). floor space at water closets. Other
Comment. Specifications for drinking Water closets are to be located so that criteria for toilet rooms, including
fountains for standing persons address the centerline is 16 to 18 inches from turning space, maneuvering space at
the height of the spout outlet (602.7). the side wall compartment partition doors, and clearances at other fixtures,
The proposed rule required a height of (604.2). Water closets can be located so typically results in additional clearance
39 to 43 inches above the floor or that this dimension is met on either the at water closets not in compartments.
ground, a range that derives from the left side or the right side of the fixture. The 48 inch specification measured
standard height of models on the The Board has added clarification in the from the leading edge of the water closet
market. A drinking fountain final rule that water closets shall be is derived from the ANSI A117.1–1992
manufacturer requested that the arranged for a left-hand or a right-hand standard. That specification was
minimum height be changed from 39 to approach. The proposed rule specified removed from the 1998 edition of the
38 inches, consistent with referenced that water closets in ambulatory ANSI standard because it was extremely
ergonomic data. This commenter accessible stalls (which are required to difficult to enforce due to the varying
advised that a 38 inch height will be 36 inches wide) be ‘‘centered.’’ In the installation styles and sizes of water
accommodate units that are intended to final rule, the Board has revised this closets. However, the Board has revised
serve both adults and children. provision to recognize a range (17 to 19 the specified depth in residential
Response. The minimum height for inches) for the centered location that is dwelling units where lavatories are
the spout outlet of units designed for consistent in scope (2 inches) with the permitted to overlap the space aside
use by standing persons has been specification for water closets in water closets.
lowered from 39 to 38 inches. wheelchair accessible compartments. A Other fixtures, such as lavatories,
corresponding change has been made to generally are not permitted to overlap
603 Toilet and Bathing Rooms the provisions for water closets the clearance required at water closets.
Section 603 covers toilet and bathing designed for children’s use (604.9.1). However, in residential dwelling units,
rooms and includes requirements for Comment. Clearance requirements for an accessible lavatory adjacent to water
clear floor space, wheelchair turning water closets are covered in section closets can overlap this space (18 inches
space, permitted overlaps of various 604.3. The proposed rule stated that no minimum from the water closet
space requirements, and doors. Doors fixtures (other than the water closet) or centerline) if additional space is
are not permitted to swing into clear obstructions were to be located within provided in front of the water closet.
floor space or clearance required for any the clear floor space (604.3.1). Specifically, the depth of the clearance
fixture except under certain conditions Comments noted that this seemed to must be at least 66 inches instead of 56
(603.2.3). The Board has added contradict a subsequent provision that inches (604.3.2, Exception). The
clarification to this requirement, allowed grab bars and dispensers to proposed rule required this additional
previously located in an advisory note, overlap this space (604.3.2). space in front of the fixture where only
that doors are permitted to swing into Response. Language prohibiting a forward approach to the water closet
the required wheelchair turning space. fixtures and obstructions within the is provided (1102.11.5.2). It did not
The guidelines specify that accessible required clearances in section 604.3.1 require additional space where a side
mirrors be mounted so that the bottom has been removed. Section 604.3.2 approach to the water closet is
edge of the reflecting surface is no recognizes those elements that are provided. Locating lavatories outside
higher than 40 inches (603.3). The ANSI permitted to overlap this clearance. the specified water closet clearance
A117.1–2003 standard contains a new Comment. The proposed rule allows more options in the approach
requirement that specifies a height of 35 identified certain elements that could and transfer to water closets. The
inches maximum for accessible mirrors overlap the clear floor space at water overlap of an adjacent lavatory
effectively precludes side transfers to does not permit a length 36 inches Comment. Commenters noted that
the water closet. The Board believes that minimum due to the location of a baby changing tables should not be
additional space where lavatories recessed fixture adjacent to the water permitted in accessible compartments
overlap water closet clearances can be closet’’ (604.5.2, Exception 1). since they can interfere with access. On
beneficial regardless of the approach Comment. Section 604.6 covers flush the other hand, some comments advised
direction. In the final rule, the 66 inch controls, which must be hand operated that baby changing tables need to be
minimum depth applies whether a or automatic. Hand operated types are accessible.
forward or a parallel approach to the subject to requirements for operable Response. The specified dimensions
water closet is provided. The proposed parts, including reach ranges, addressed of toilet compartments provide the
rule also allowed a minimum width for in section 309. The original ADAAG minimum amount of space necessary for
the clearance of 48 inches instead of 60 specified that the controls be located on wheelchair maneuvering into the
inches where a lavatory overlaps the the wide side of the water closet. compartment, positioning at the fixture,
space, regardless of the approach Comments requested that this and exit from the compartment. Certain
(1102.11.5.2). In effect, however, space specification be restored since controls elements are permitted to overlap space
at least 60 inches wide is needed in on the wide side of water closets are at water closets, such as grab bars, paper
meeting other requirements, such as the easier to access. dispensers, and coat hooks (604.3.2).
clear floor space required at the adjacent Response. The final rule includes a Other elements, including baby
lavatory and wheelchair turning space. requirement that ‘‘flush controls shall be changing tables, are not allowed to
Consequently, the Board has removed located on the open side of the water overlap the minimum amount of space
the 48 inch specification in the final closet except in ambulatory accessible required in compartments. Where such
rule. compartments’ (604.6). elements are provided in accessible
Specifications for grab bars are Comment. Requirements for toilet
compartments, they must be located
addressed in section 604.5. Grab bars paper dispensers in section 604.7
outside the minimum space dimensions
are required on one side wall and the include specifications for height. They
(when folded up in the case of baby
rear wall. Exceptions from this must be mounted at least 11⁄2 inches
changing tables). In addition,
requirement are provided for residential below grab bars or, according to the
convenience fixtures, such as baby
dwelling units, where grab bars can be proposed rule, at least 12 inches above.
changing tables, must be accessible to
installed later so long as the proper Commenters noted that the 12 inch
persons with disabilities under scoping
reinforcement is installed in walls as minimum was inconsistent with
provisions for operable parts (205) and
part of design and construction provisions for grab bars in section 609
work surfaces (226). This information is
(Exception 2), and for holding or which specify a minimum clearance of
15 inches between grab bars and provided in the final rule in an advisory
housing cells specially designed note at section 604.8.1.1.
without protrusions for purposes of protruding objects above them (609.2).
Some commenters felt that toilet paper Comment. Specifications are provided
suicide prevention (Exception 3). In the
dispensers should not be allowed above for doors, including their location. The
proposed rule, these exceptions were
grab bars in any case since the large roll proposed rule specified the location of
located in the chapter on residential
type, which often cannot fit below grab doors in the front partition, which were
dwelling units (1102.11.5.4) and the
bars, compromise the usability of the required to be hinged 4 inches from the
scoping section for detention and
grab bar. side wall or partition farthest from the
correctional facilities (233.3).
Comment. The proposed rule Response. In the final rule, the water closet (604.8.1.2). Comments
specified that the rear grab bar be 24 specified clearance between grab bars suggested that an alternate location in
inches long minimum, centered on the and dispensers mounted above them has the side partition farthest from the water
water closet, or at least 36 inches long been revised for consistency with the closet should be allowed, consistent
‘‘where wall space permits’’ (604.5.2). grab bar specifications in section 609. with the original ADAAG. Commenters
Commenters considered this provision Specifications in section 604.7 also pointed out that the specified
confusing and requested clarification on concerning this clearance have been location should refer to the door
where the 24 inches would be removed since the required clearance opening, instead of the hinge.
permitted. Some comments urged between dispensers and grab bars is Response. Specifications for the
removal of the 24 inches specification. adequately covered in section 609, location of compartment doors in side
Response. The proposed rule which, as revised, requires a minimum partitions are included in the final rule,
included provisions that make clear clearance of 12 inches above grab bars consistent with the original ADAAG.
floor space requirements at water closets and a minimum clearance of 11⁄2 inches The specified location in either front
more stringent by not allowing other below grab bars (609.3). This may and side locations has been revised to
fixtures, such as lavatories to overlap effectively preclude some dispensers apply to the door opening, instead of the
the space. Saving space by locating a from being located above grab bars in hinge.
lavatory closer to the water closet on the view of the minimum mounting height Comment. The proposed rule referred
same plumbing wall could only be of grab bars (33 inches, measured to the to ambulatory accessible compartments
accomplished by recessing the lavatory top of the gripping surface) and the as ‘‘non-wheelchair accessible’’
so that it does not overlap the clear floor maximum height for the dispenser compartments. Commenters considered
space at the water closet. A grab bar 36 outlet (48 inches). Since some this term confusing since it also
inches long would limit the amount of dispensers may be recessed, the Board encompasses inaccessible
space saved in recessing an adjacent has added clarification in section 604.7 compartments. Preference was
lavatory. For clarity, the Board has that dispensers cannot be located expressed for ‘‘ambulatory accessible’’
revised this allowance as an exception. behind grab bars. compartments, the term used by the
In the final rule, section 604.5.2 requires Section 604.8 provides requirements advisory committee.
the rear grab bar to be 36 inches long for wheelchair accessible compartments Response. The term ‘‘non-wheelchair
minimum. An exception allows a 24 and those that are designed to accessible’’ compartments has been
inch long minimum grab bar, centered accommodate persons with disabilities replaced with ‘‘ambulatory accessible’’
on the water closet, ‘‘where wall space who are ambulatory. compartments.
Ambulatory accessible compartments rooms. Revisions made to this section that ‘‘metering’’ is a descriptor that is
were specified to be 36 inches wide include: more accurate and consistent with
absolute in the proposed rule, consistent • Clarifying the scope of this section plumbing codes.
with the original ADAAG. Throughout (606.1). Response. The reference to ‘‘self-
the new guidelines, the Board has • Adding a new exception that allows closing’’ faucets has been replaced with
sought to specify dimensions as a range a parallel approach at kitchen sinks in ‘‘metering’’ faucets in the final rule.
instead of in absolute terms where spaces where a cook top or conventional
607 Bathtubs
practicable to facilitate compliance range is not provided (606.2, Exception
without compromising accessibility. 1). Specifications for bathtubs in section
The width of ambulatory compartments • Clarifying coverage of metering 607 address clear floor space, seats, grab
is specified to ensure that the grab bars faucets (606.4). bars, operable parts, shower spray units,
required on both sides are In addition, allowances specific to and enclosures. Changes made to this
simultaneously within reach. In the lavatories and kitchen sinks in section include:
final rule, the Board has replaced the 36 residential dwelling units have been • Revision of grab bar mounting
inch wide specification with a range of relocated to this section from Chapter heights (607.4).
11. These specifications concern clear • Integration of provisions for grab
35 to 37 inches.
floor space requirements (606.2, bars specific to residential dwelling
Section 604.9 provides specifications units that were located in Chapter 11
for water closets designed for children’s Exception 3) and heights (606.3,
Exception 2). (607.4, Exception 2).
use. In the proposed rule, this section • Revision of specifications for
Comment. The proposed rule
included criteria for wheelchair shower spray units and water
included references to ‘‘lavatory
accessible compartments. In the final temperature (607.6).
fixtures’’ and to ‘‘vanities.’’ Commenters
rule, requirements have been integrated Two parallel grab bars are required on
indicated that such references were
in the section covering wheelchair the back wall of bathtubs with seats
redundant or inaccurate and should be
accessible compartments for adults (607.4.1.1) and without seats (607.4.2.1).
removed.
(604.8.1) to reduce redundancy. Response. References to ‘‘lavatory The proposed rule, consistent with the
605 Urinals fixtures’’ and ‘‘vanities’’ have been original ADAAG, specified that the
removed in the final rule (606.1). lower grab bar be located 9 inches
Section 604.5 provides criteria for Accessible lavatories and sinks must absolute above the bathtub rim. In
accessible urinals, including the height provide knee and toe clearance for a finalizing this rule, the Board has sought
and depth, clear floor space, and flush forward approach (606.2). Consistent to specify dimensions as a range instead
controls. with the proposed rule, exceptions from of in absolute terms where possible to
Comment. In the proposed rule, the the requirement for forward approach facilitate compliance without
Board sought to clarify the requirement clearances are provided for certain types compromising accessibility. With
in the original ADAAG that accessible of spaces and fixtures, such as single- respect to the lower grab bar at bathtubs,
urinals have an ‘‘elongated’’ rim by user toilet or bathing facilities accessed the specified mounting height has been
specifying a minimum dimension of only through a private office (Exception changed to a range of 8 inches minimum
131⁄2 inches, measured from the outer 2), lavatories and kitchen sinks in to 10 inches maximum above the rim of
face of the urinal rim to the back of the residential dwelling units provided the bathtub.
fixture (605.2). Comments were evenly certain conditions to facilitate retrofit Comment. The guidelines require tubs
divided on this new specification. for a forward approach are met to have shower spray units that can be
Response. The Board has retained the (Exception 3), and fixtures designed used as both a fixed-position shower
minimum depth specification without specifically for children 5 years and head and a hand-held shower (607.6). In
modification. However, in the final rule younger (Exception 5). the proposed rule, the Board included a
scoping for accessible urinals has been Comment. Commenters recommended requirement that shower spray units
revised to apply only where more than that a parallel approach should be have a water on/off control for greater
one urinal is provided in a toilet or allowed at kitchen sinks in spaces access. It was also specified that units
bathing room (213.3.3). without a cook top or conventional deliver water that is thermal shock
Requirements for urinal flush controls range, consistent with the ANSI A117.1 protected to 120 degrees. Comments
are provided in section 605.4. The standard. Several comments considered from persons with disabilities strongly
proposed rule specified a maximum a parallel approach to be appropriate at supported the requirement for the on/off
height of 44 inches (the maximum kitchenette sinks in transient lodging control. However, comments from the
height for obstructed forward reaches). guest rooms, consistent with the original plumbing industry indicated that the
In the final rule, this requirement has ADAAG, and sinks in employee break requirement, as worded, would pose
been revised to reference section 309 rooms, since such fixtures are typically cross connections and thermal shock
which provides specifications for used for limited purposes or durations. hazards and would conflict with model
operable parts, including accessible Response. The final rule includes an codes and industry standards.
reach ranges. This change is consistent exception, consistent with the ANSI Comments also noted that delivered
with the ANSI A117.1–2003 standard. A117.1 standard, that allows a water should be ‘‘temperature limited’’
complying parallel approach to kitchen to the specified maximum (120 degrees)
606 Lavatories and Sinks
sinks in spaces where a cook top or for consistency with American Society
Section 606 provides technical conventional range is not provided of Safety Engineers (ASSE) standards.
criteria for lavatories and sinks. Various (606.2, Exception 1). This exception also Response. In response to concerns
scoping and technical provisions invoke applies to wet bars. raised about the on/off control for spray
these requirements for lavatories in Comment. Faucets, including hand- units the Board has modified this
toilet and bathing facilities and for sinks operated metering faucets, must remain requirement to include an on/off control
provided in dwelling unit kitchens, open for at least 10 seconds (606.4). The ‘‘with a non-positive shut-off.’’ This will
kitchenettes in transient lodging guest proposed rule referred to these as ‘‘self- prevent cross connections and does not
rooms, and other spaces, such as break closing’’ faucets. Commenters indicated conflict with plumbing codes. In
addition, while the phrase ‘‘temperature location of the entry at the end of the shower (608.6). Specifications have
limited’’ was not deemed necessary, the long side of the compartment (608.2.3). been revised in the final rule, consistent
specification for water temperature has Comment. Seats are required in with similar requirements for bathtubs,
been revised to require that delivered transfer compartments and roll-in in response to concerns raised by
water be 120 degrees maximum for showers in transient lodging guest commenters about the on/off control
consistency with ASSE standards. rooms (608.4). The proposed rule and water temperature as specified in
Corresponding revisions have been indicated that transfer compartments the proposed rule, discussed above at
made to similar requirements for shower may have ‘‘attachable or integral seats,’’ section 607.6.
compartments (608.6). while folding seats were specified for Comment. The original ADAAG
roll-in showers provided in transient allowed fixed shower heads 48 inches
608 Shower Compartments lodging guest rooms. high maximum to be used instead of the
Section 608 addresses transfer Response. The Board has revised the required hand-held unit in
showers and roll-in showers and rule to permit ‘‘folding or non-folding’’ ‘‘unmonitored facilities where
provides specifications for size and seats in transfer compartments. A vandalism is a consideration.’’ This
clearances, grab bars, seats, operable certain portion of accessible guest rooms exception had been removed in the
parts, shower spray units, thresholds, are required to have bathrooms with proposed rule due to a lack of clarity on
and enclosures. Revisions made to this roll-in showers (224.2). The requirement the types of facilities that qualify for this
section address: for folding seats has been revised to exception. Commenters urged the Board
• Clearance requirements for roll-in apply only to those roll-in showers to retain this exception due to problems
showers (608.2.2). ‘‘required’’ in transient lodging guest with vandalism which would increase
• Alternate roll-in showers (608.2.3). rooms. For example, a hotel with 100 maintenance at accessible transfer
• Shower seats (608.4). guest rooms would be required to have showers.
• The location and operation of at least 5 guest rooms that are
Response. The final rule includes an
controls, faucets, and spray units accessible, one of which would have to
exception permitting a fixed shower
(608.5). provide a roll-in shower; the shower
head in certain facilities (608.6,
• Shower spray units and water provided in this room would be
Exception). The Board has limited this
temperature (608.6.) required to have a folding seat, while
• A new exception for fixed shower exception so that it does not apply to
the other 4 rooms could be equipped
heads (608.6). facilities where vandalism is less likely
with either tubs, transfer showers, roll-
• Thresholds (608.7). to occur because the use of bathing
in showers with or without seats, or
In addition, provisions specific to facilities is controlled or because
some combination thereof.
showers in residential dwelling units Comment. In transfer compartments, incidents of vandalism are traceable.
that were located in Chapter 11 have controls, faucets, and shower spray These include bathing facilities in
been incorporated into this section. units were to be located no more than medical care facilities, long term care
These provisions concern grab bars 15 inches on either side of the seat facilities, transient lodging guest rooms,
(608.3, Exception 2) and shower seats centerline, according to the proposed and residential dwelling units.
(608.4, Exception). rule (608.5.1). Comments indicated that Comment. The proposed rule
Comment. Specifications for roll-in this specification was not consistent specified a maximum threshold height
shower compartments indicate that an with a corresponding figure showing the of 1⁄2 inch, provided that those greater
accessible lavatory can overlap the location on the side closest to the than 1⁄4 inch are beveled with a slope of
required clear floor space opposite the shower opening. 1:2 maximum (608.7). This provision
end with a seat and shower controls Response. The final rule has been applied to roll-in showers and to
(608.2.2). Comments recommended that revised to require that controls and transfer showers. Commenters
this provision be revised to recognize operable parts be located 15 inches recommended that a higher threshold be
that a seat may not always be located in maximum from the centerline of the seat permitted for transfer showers since
a roll-in shower. toward the shower opening. This is wheelchair maneuvering over the
Response. The Board has clarified that consistent with the intent of the threshold is not necessary in using the
accessible lavatories are permitted to specification so that users can activate shower.
overlap clear floor space ‘‘opposite the the controls before entering the shower. Response. The Board retained the 1⁄2-
shower compartment side where shower Specifications for controls, faucets, inch threshold height since positioning
controls are positioned or where a seat and shower spray units for alternate for transfer to the seat of transfer
is positioned’’ (608.2.2.1, Exception). roll-in showers are provided in section showers can be aided where a close
Clarification is also provided that 608.5.3. In the final rule, the Board has approach enables footrests to clear the
lavatories can be provided at either end clarified these specifications and threshold. However, the Board has
of the space at roll-in showers without provided more detail on their location revised the specification to allow
seats where controls are mounted on the depending on whether the shower is thresholds at transfer compartments to
back wall. equipped with a seat. In addition, the be vertical or rounded instead of
Comment. Specifications are provided final rule allows shower controls, beveled. In addition, the Board has
for alternate roll-in showers, including faucets, and shower spray units to be provided an exception for existing
their size and the location of entries located on the wall adjacent to the seat, facilities to address situations where
(608.2.3). Comments indicated that this as proposed, or on the back wall meeting the maximum threshold height,
provision should be more specific in opposite the seat. These revisions are which is typically achieved by recessing
detailing the design illustrated (Figure consistent with similar clarifications in shower pans into the floor, is difficult,
608.2.3). the latest edition of ANSI A117.1 if not infeasible, due to certain floor
Response. More detail is provided in standard. slabs. The final rule includes an
the final rule for the configuration of Showers, like bathtubs, are required exception that permits a threshold up to
alternate roll-in type showers consistent to be equipped with movable shower 2 inches high at transfer showers in
with the intent of the proposed rule. spray units that can be used as a fixed- existing facilities where providing a 1⁄2-
The revised language clarifies the position shower head and a hand-held inch threshold would disturb the
structural reinforcement of the floor slab seats may be provided in transfer and Fire Protection Association (NFPA) and
(608.7, Exception). roll-in showers. ANSI, which were represented on the
The guidelines specify the location of ADAAG Review Advisory Committee,
609 Grab Bars seats in tubs, transfer-type showers, and the proposed criteria were virtually
Section 609 covers grab bars at water roll-in showers. In the final guidelines, identical to updated requirements in the
closets, bathtubs, and showers. the Board has clarified the location of NFPA 72 (1996) and the ANSI A117.1
Specifications address size, spacing, seats in roll-in showers and alternate standards. However, the Board had
position, surfaces, fittings, and roll-in type showers. These changes are proposed a lower maximum sound level
structural strength. Changes to this consistent with revisions to the for audible alarms (110 decibels instead
section address: placement of shower controls and spray of 120 decibels) as more appropriate and
• Cross section specifications (609.2). units in alternate roll-in shower stalls to guard against tinnitus.
• Spacing (609.3). (605.8.3). Comment. Comments from the codes
• Location (609.4). 611 Washing Machines and Clothes community and designers urged the
• Surface hazards (609.5). Dryers Board to reference the NFPA alarm
The proposed rule specified 11⁄4 to criteria for purposes of consistency and
11⁄2 circular cross sections. Non-circular Section 611 covers washing machines simplicity, instead of restating very
cross sections were to have maximum and clothes dryers and provides similar requirements in the guidelines.
cross section dimensions of 2 inches, a specifications for clear floor space, Response. Since the technical
perimeter dimension between 4 and operable parts, and height. provisions in the proposed rule were
411⁄16 inches, and edges with a 1⁄8-inch Comment. The proposed rule required substantively identical to the NFPA 72,
minimum radius. For consistency with the door of top loading machines and except for the maximum sound level,
specifications for handrails, the Board the door opening of front loading the Board has replaced the technical
has revised requirements for size (609.2) machines to be 34 inches maximum requirements for fire alarm systems with
and spacing (609.3). In the final rule, the above the floor (611.4). This dimension a requirement that such systems comply
maximum circular cross section has stems from specifications for obstructed with NFPA 72, Chapter 4 (702.1).
been changed from 11⁄2 inches to 2 side reaches (308.3). Laundry machine However, the Board has retained the
inches. Edges must be rounded, and the manufacturers stated that this specification that the maximum sound
requirement that edges have a 1⁄8-inch specification is inconsistent with level of audible notification appliances
minimum radius (609.2 in the proposed standard industry design, which allows be 110 decibels, as well as an exception
rule) has been removed. The Board has a 36-inch height. Commenters indicated for medical care facilities that permits
clarified that the space between grab that compliance with the proposed fire alarm systems to be provided in
bars and projecting objects below and at specification would reduce machine accordance with industry practice. In
the ends shall be 11⁄2 inches minimum, capacity and would be difficult to addition, the Board has clarified that
consistent with criteria for water closets, achieve. compliant fire alarm systems must be
Response. The Board has revised the ‘‘permanently installed.’’ The Board is
tubs, and showers (609.3). In addition,
maximum height for doors on top not aware of portable systems currently
the minimum clearance between grab
loading machines and the door opening available that meet the referenced NFPA
bars and protruding objects above has
of front loading machines from 34 specifications. Information on the
been changed from 15 inches to 12
inches to 36 inches (611.4). referenced NFPA requirements for fire
inches (609.3), consistent with
specifications for toilet paper dispensers 612 Saunas and Steam Rooms alarm systems is posted on the Board’s
included in the proposed rule (604.7) Section 612 provides requirements for Web site at www.access-board.gov and
and the ANSI A117.1–2003 standard. saunas and steam rooms and includes in advisory notes.
Comment. Commenters pointed out requirements for benches and turning Comment. Commenters supported
the proposed rule was not clear on space. This section derives from the limiting the sound level to 110 decibels,
whether the height of grab bars was to guidelines the Board developed for as proposed. However, some
be measured to the top or to the recreation facilities and has been commenters noted that this did not
centerline. included in the final rule without conform with the maximum of 120
Response. The Board has clarified that substantive change. decibels specified in NFPA 72.
the height of grab bars is measured to Response. The Board has retained the
the top of the gripping surface (609.4). Chapter 7: Communication Elements 110 decibel specification as more
and Features appropriate, which, as a lower
610 Seats maximum, does not contradict the
Chapter 7 covers communication
Requirements for bathtub and shower elements and features, including fire NFPA 72. In the final rule, the Board
seats are provided in section 610. alarm systems (702), signs (703), has clarified that the maximum sound
Comment. Specifications are provided telephones (704), detectable warnings level applies to the ‘‘minimum hearing
for rectangular and L-shaped shower (705), assistive listening systems (706), distance from the audible appliance,’’
seats (610.3). The Board sought automatic teller machines and fare which is consistent with the NFPA 72.
comment on whether one shape is more machines (707), and two-way Comment. In the proposed rule, the
usable and accessible than the other communication systems (708). Board sought comment on whether the
(Question 25). Comments were evenly frequency of audible alarms should be
divided in supporting one design over 702 Fire Alarm Systems addressed and requested information on
the other. Some comments supported The proposed rule provided detailed the optimal frequency range for people
both designs or indicated that there was specifications for the audible and visual who are hard of hearing along with any
little difference in access or usability characteristics of fire alarm systems, available supporting data (Question 26).
between the two. including the sound level and the color, Most commenters favored a specified
Response. No changes have been intensity, flash rate, location, and frequency range but few provided
made to the specifications for shower dispersion of visual appliances. information, including supporting data,
seats. Either rectangular or L-shaped Through coordination with the National on what the range should be.
Response. The Board has not included preserving most of the substance of the enforce with respect to characters that
in the final rule a specification for the requirements as proposed. As are raised 1⁄32 inch, according to
frequency of audible alarms. reorganized, signs required to provide commenters. They advised that a single
tactile and visual access must meet specification would facilitate
703 Signs
criteria for tactile characters (703.2), compliance while having little effect on
Requirements for signs provide braille (703.3), mounting height and access.
specifications for raised characters location (703.4), and visual characters Response. The Board has simplified
(703.2), braille characters (703.3), the (703.5). However, where access is the requirement for stroke thickness by
height and location of signs with tactile provided through one set of characters, relying solely on the specification that
characters (703.4), visual characters not all the requirements for visual was included in the proposed rule for
(703.5), pictograms (703.6), and symbols access must be met. This is clarified in signs with tactile characters only. This
of accessibility (703.7). This section has an exception which, consistent with the specification requires a stroke thickness
been reorganized and simplified in the proposed rule, applies only the that is 15% of the character height
final rule. Substantive changes include: specifications for finish and contrast to (based on an uppercase ‘‘I’’), regardless
• Reorganizing and simplifying tactile characters that are also visual of the type of cross section (703.2.6).
criteria for signs required to provide (703.5, Exception). As with stroke thickness, the
both tactile and visual access (703.2). Specifications for raised characters in proposed rule specified character
• Revising specifications for raised section 703.2 address the depth, case, spacing based on the type of cross
characters that cover height (703.2.5), style or font type, character proportion section where signs provide both tactile
stroke thickness (703.2.6), and spacing and height, stroke thickness, and and visual characters (703.2.4). A space
(703.2.7). character and line spacing. The of 1⁄8 inch to 3⁄8 inch was specified for
• Modifying specifications for braille proposed rule, consistent with the characters with rectangular cross
(703.3 and 703.4.1). original ADAAG, specified a character sections. For those with non-rectangular
• Recognizing elevator car controls in height between 5⁄8 inch and 2 inches. cross sections, this range applied to the
specifications for the height of visual However, the proposed rule provided a top of the cross section and a range of
characters (703.5.6). tighter specification (1⁄2 to 3⁄4 inch) for 1⁄16 inch to 3⁄8 inch was permitted at the
• Revising the location of text raised characters on signs where visual base. Where visual characters are
descriptors of pictograms (703.6.3). access is provided on a separate sign provided on a separate sign, the
Scoping requirements for signs in face because it is believed that smaller proposed rule required spacing of 1⁄8
section 216 cover room designations, characters can be easier to read inch to 1⁄4 inch between characters
which are required to be tactile, and tactually. Since the specification for (703.3.3).
directional and informational signs combination signs acknowledges that 2 Comment. Comments advised that
which are not required to be tactile but inch characters are readable tactually, this specification was too restrictive and
must meet requirements for visual setting a different maximum seems did not take into account increased
access. The proposed rule specified that unnecessary. The final rule retains the spacing for larger size characters (the
tactile signs, where required, meet specified range of 5⁄8 to 2 inches, but an permitted range allows heights up to 2
specifications for both tactile and visual exception allows a 1⁄2-inch minimum inches). It was recommended that
characteristics. The proposed rule also where the same information is provided spacing based on the stroke thickness of
applied specifications based on whether separately on a visual sign (703.2.5). characters will provide proper spacing
the requirements were met with one In the proposed rule, specifications for tactile recognition and facilitate
sign or separately through two signs. for stroke thickness were based on the compliance. Some commenters pointed
There were some differences between type of character cross section on signs out that good practice may include
the requirements for combined tactile- providing both tactile and visual access varying the space between characters for
visual signs and those provided (703.2.3.5). For characters with optimum visual legibility. Some
separately, which represented slight rectangular cross sections, a stroke comments recommended a spacing
compromises in the desired level thickness of 10% to 15% of the range that was at least as wide as the
considered necessary for signs character height was specified (based on stroke thickness and no more than four
providing both tactile and visual access. the uppercase ‘‘I’’). For those with non- times this width.
The proposed rule provided criteria rectangular cross sections, the stroke Response. In the final rule, the Board
where characters are both tactile and thickness was specified to be 15% has revised the specification for
visual (703.2) and criteria for tactile maximum of the character height character spacing (703.2.7). As
characters (703.3) and visual characters (measured at the top of the cross recommended by commenters, the
(703.4) that are provided separately. section) and 10% to 30% (measured at specified spacing range has been
Comment. Commenters considered the base). Where tactile and visual broadened to allow spacing up to four
the section on signs to be unduly characters are provided on separate times the stroke width of raised
complex and redundant and urged the signs, the proposed rule specified that characters. The Board has retained the
Board to simplify the signage criteria. the stroke thickness of tactile characters minimum spacing requirements of the
Response. The repetition and be no greater than 15% of the character proposed guidelines and the distinction
complexity of the signage section height (703.3.2.5). between characters with rectangular
stemmed from detailing requirements Comment. Comments, including those cross sections (1⁄8 inch minimum) and
separately for signs where one set of from the signage industry, considered those without (1⁄8 minimum measured
character forms meet the tactile and the specification based on the type of at the top and 1⁄16 minimum measured
visual specifications and for signs where cross section to be unnecessarily at the base).
such criteria are met separately through complicated. Some comments pointed Section 703.3 provides specifications
two set of character forms. Many of the out that measurement and tactile for braille, including the dimensions
specifications were the same for both reading of characters occur at the face, and position.
types of signs. In the final rule, the regardless of the cross section shape. Comment. Braille is to be located
Board has simplified the section and Distinctions based on the cross section below the corresponding text.
removed repetitive specifications while may be difficult to distinguish and Commenters noted that it is common
practice to locate braille next to the text adjacent wall. Signs are permitted on and services to be accessible. Section
on some signs, such as room numbers. the push side of doors with closers and 704.3 requires volume controls that
These comments urged the Board to without hold-open devices. provide a gain up to at least 20 decibels
revise this specification to allow braille Comment. A commenter advised that and an intermediate gain of 12 decibels,
placement adjacent to text, as is the specification should address double and have an automatic reset.
permitted on elevator car controls. doors with only one active leaf. Comment. Persons who are hard of
Response. The Board believes that a Response. The Board has added a hearing and disability organizations
uniform location facilitates the use of provision for double doors with one urged an increase in the sound level of
braille. No changes have been made to active leaf which requires the location phones equipped with volume control.
the specified position below of signs on the inactive leaf (703.4.2). Some commenters specifically
corresponding text. Section 703.5 provides specifications recommended a minimum 25 decibels
Braille does not include different for visual characters which address or greater. The Board sought comment
upper and lower case letters. Instead, a finish and contrast, case, style, character from pay telephone manufacturers and
character symbol is used to indicate proportions and height, height, stroke providers on the time frame necessary to
capitalization. In the final rule, the thickness, and character and line produce products that meet the
Board has clarified that indication of spacing. As part of the reorganization of proposed specifications for volume
uppercase letters is to be used only the signage requirements, the Board has control (Question 27). Few comments
before the first word of sentences, added an exception, consistent with the from industry addressed this question,
proper nouns and names, individual proposed rule, which applies only the though other commenters suggested that
letters of the alphabet, initials, and specifications for finish and contrast meeting the proposed volume control
acronyms (703.3.1). A similar (703.5.1) where tactile and visual access specifications should not be difficult
clarification has been included in the are provided through the same under current telephone technology.
new ANSI A117.1 standard. characters. Where signs provide tactile Response. The proposed specification
The proposed guidelines specified and visual access separately, visual was consistent with accessibility
that braille be separated at least 1⁄4 inch characters must comply with all guidelines the Board issued under
from other tactile characters and at least applicable specifications in section section 255 of the Telecommunications
3⁄8 inch from raised borders and other
703.5. Act and standards issued under section
decorative elements (703.3.2). In the Visual characters are required to be 508 of the Rehabilitation Act
final rule, the Board has revised the located at least 40 inches high (703.5.6). Amendments. In rulemaking on the
minimum separation between braille For consistency with specifications for Telecommunications Act Accessibility
and tactile characters from 1⁄4 inch to 3⁄8 elevators in section 407, the Board has Guidelines, similar comments were
inch for consistency with the ANSI added an exception noting that the 40 received from persons who are hard of
A117.1 standard. inch minimum does not apply to visual hearing who reported having trouble
Section 703.4 covers the mounting characters indicating elevator car using public pay telephones because of
height and location of signs with tactile controls (703.5.6, Exception). inadequate receiver amplification levels
characters. Such signs are to be Section 703.6 contains requirements and who supported adjustable
mounted so that the tactile elements for pictograms. This section applies to amplification ranging from 18–25
(raised characters and braille) are those pictograms, where provided, that decibels of gain. However, several
between 48 to 60 inches high, measured are used to label permanent interior telephone manufacturers cited the
to the baseline of characters. rooms and spaces. The specifications of National Technology Transfer and
Comment. The proposed rule 703.6 do not apply to other types of Advancement Act of 1996, which
specified a range of height of 48 to 60 pictograms, including those specified in requires the Federal government to
inches for raised characters and a range section 703.7 to label various accessible make use of technical specifications and
of 40 to 60 inches for braille. elements and spaces. Under 703.6.3, practices established by private,
Commenters considered the 40 inch text descriptors with raised and braille voluntary standard-setting bodies,
specification too low, as research characters are required below wherever possible.
suggests that braille mounted below 48 pictograms. The proposed rule allowed The ANSI A117.1 standard requires
inches can be difficult to read. Further, alternative placement adjacent to certain public pay telephones to provide
comments noted that the minimum 40 pictograms. The Board has removed this 12 decibels of gain minimum and up to
inch height did not correlate with the alternative in the final rule to enhance 20 decibels maximum and that an
minimum specified for raised uniformity in the location of tactile text automatic reset be provided. In
characters. descriptors. recognition of the National Technology
Response. The Board combined the Transfer and Advancement Act, this
height and location requirements for 704 Telephones amplification level was specified in the
raised and braille characters into one Section 704 provides technical Telecommunications Act Accessibility
section (703.4) for clarification and criteria for telephones, including Guidelines. The Board has retained the
simplicity. As a result, the height of provisions for wheelchair access (704.2), 20 decibel specification in this final rule
braille and raised characters are held to volume control (704.3), and TTYs (704.3) for consistency with the ANSI
the same range: 48 to 60 inches above (704.4). Most comments addressed A117.1 standard, the
the floor or ground (703.4.1). specifications for volume controls and Telecommunications Act Accessibility
Tactile signs are required to be TTYs. Guidelines, and the Board’s section 508
located alongside the latch side of doors All public telephones are required to standards.
so that clear floor space at least 18 by be equipped with volume control, as Comment. Mute features on public
18 inches, centered on the tactile discussed above in section 217. This is pay telephones can increase audibility
characters, is provided outside the door consistent with other Board guidelines by temporarily disconnecting the
swing (703.4.2). At double doors with covering access to telecommunications telephone’s microphone while the user
two active leafs, signs are to be located products issued under section 255 of the listens through the earpiece so that
on the right-hand side or, if no wall Telecommunications Act of 1996, which background noise is not amplified
space is available, on the nearest requires telecommunications products through the earpiece. In the proposed
rule, the Board requested information which specifies accessible reach ranges, pedestrian areas blend with vehicular
on the feasibility and cost of equipping and provide clear floor space for a areas without tactile cues, such as curbs
new and existing public pay telephones forward approach to the TTY. However, or railings, and at reflecting pools.
with a mute button and whether such a these changes do not impact the Certain requirements for detectable
requirement should be included in the requirements for other types of warnings were temporarily suspended
final rule (Question 28). Few comments telephones required to be wheelchair in the original ADAAG and were not
addressed this issue. Those that did accessible according to section 704.2. included in the proposed rule, as further
generally supported such a requirement, Comment. The proposed rule discussed in section 406 above.
although information on feasibility and provided an exception from the height Consequently, the requirements in
cost was not received. and clearance requirements for TTYs at section 705 are required only at
Response. While the Board believes telephones located in cubicles equipped boarding platforms in transportation
that mute buttons could benefit all with fixed seats (704.4.1). As proposed, facilities (810.5.2). Revisions made in
telephone users in noisy environments, this exception applied only to assembly the final rule include:
particularly those who are hard of occupancies and allowed half of TTYs • Revising specifications for the
hearing, the Board has opted not to at telephones with seats not to comply. diameter and spacing of truncated
establish such a requirement at this time Comments recommended that this domes to allow a range (705.1.1 and
due to the absence of product exception apply to other types of 705.1.2).
information and cost data. facilities since seats at phones may • Clarifying the square grid pattern of
The proposed guidelines included a provide a desired convenience for TTY truncated domes (705.1.2).
provision that applied the criteria for users. • Simplifying requirements for
protruding objects in section 307 to Response. As a result of the changes contrast between detectable warnings
wheelchair accessible telephones and concerning wheelchair access, the and adjoining walking surfaces
enclosures (704.2.3). The Board has exception applies only to the specified (705.1.3).
removed this provision as unnecessary keypad height and allows a height • Removing provisions generally
in the final rule. Section 307 applies to below 34 inches where seats are recognizing alternatives to the
a variety of building elements, including provided at telephones with TTYs. In detectable warnings specified.
telephones and enclosures, under the the final rule, the Board has broadened • Clarifying the application of the
scoping provision for protruding objects this exception to apply to all telephones requirements to the edges of boarding
(204). This revision is consistent with with seats in any type of facility. platforms (705.2).
the ANSI A117.1–2003 standard. Comment. The requirements for TTYs The detectable warning criteria
Section 704.4 provides specifications do not address the height of display specify a pattern of evenly-spaced
for TTYs. The proposed rule included screens. Due to the typical character size truncated domes. The Board has added
requirements so that TTYs were displayed, users must be in close clarification, consistent with provided
accessible to persons who use proximity to the screen. The Board figures, that the domes be aligned in a
wheelchairs. This included a requested information on TTY screen square grid pattern (705.1).
requirement that the touch surface of heights that are appropriate for people Comment. The proposed rule
TTY keypads be 30 to 34 inches high who use wheelchairs and for standing specified that the truncated domes have
(704.4.1). persons and whether the requirement a diameter of 0.9 inch, measured at the
Comment. Many commenters for ATM display screens is appropriate base. A commenter cited research
indicated that TTYs are mounted too for TTYs as well (Question 29). Little conducted in Japan which indicated
low to be used comfortably by people information was received in response to that a surface very similar to that
not using wheelchairs. According to this question. Respondents to this specified by section 705 ranked high in
these commenters, compliance with question reiterated their concern about detectability. It was recommended,
wheelchair access provisions greatly wheelchair access resulting in TTYs that based on this research, that a diameter
compromises their usability by the are too low for persons who are of 0.4 inch to 0.9 inch be specified for
majority of persons with hearing or standing. Other commenters domes, measured at the top. In addition,
speech impairments who do not use recommended that research be this commenter recommended that the
wheelchairs. Commenters urged that a conducted to develop information on spacing between domes be revised from
higher surface height for TTY keypads the appropriate height of display an absolute of 2.35 inches to a range of
be specified. Organizations representing screens. 1.6 to 2.35 inches.
persons who are deaf recommended a Response. The Board has not included Response. In the final rule, the Board
keyboard height of 33 to 35 inches any specifications concerning the height has revised the specification for the
where users are expected to stand. A of TTY display screens in the final rule. diameter and spacing of truncated
manufacturer of TTY-equipped pay domes to permit a range of dimensions
telephones indicated that its products 705 Detectable Warnings (705.1.1). A range of 0.9 inch to 1.4
provide TTY keypads at a height of 36 Section 705 provides the technical inches is specified for the base diameter.
to 40 inches and requested that this specifications for detectable warnings, a The top diameter range is specified to be
range be permitted. distinctively textured surface of 50% to 65% of the base diameter, which
Response. The Board has revised the truncated domes identifiable by cane approximates the recommended 0.4
specified height of TTY keypads from and underfoot. This surfacing is inch to 0.9 inch range. The center-to-
the proposed range of 30 to 34 inches required along the edge of boarding center spacing of domes has been
to a minimum of 34 inches (704.4.1). In platforms in transit stations. The changed from 2.35 inches absolute, to a
addition, the Board has removed other original ADAAG included a requirement range of 1.6 inches minimum to 2.4
specifications concerning wheelchair for detectable warnings on the surface of inches maximum, with a minimum
access, which is consistent with the curb ramps to provide a tactile cue for separation measured at the base of 0.65
original ADAAG. These specifications persons with vision impairments of the inch (705.1.2). The revised base
include a requirement that the operable boundary between sidewalks and streets diameter and spacing dimensions will
parts of both the TTY and the telephone where the curb face had been removed. accommodate existing detectable
be accessible according to section 309, It also required them at locations where warning products that were previously
deemed to provide an equivalent level recommended that these provisions of jack should be provided in all cases
of accessibility. ADAAG permits were unnecessary in view of the general and that alternative types should not be
departures that provide equal or greater provision for equivalent facilitation in allowed to avoid issues such as who is
access as an ‘‘equivalent facilitation.’’ section 103 permitting departures from responsible for the provision of
The Department of Transportation this or any other requirement in the adapters.
(DOT), which enforces the ADA’s design guidelines where equal or greater access Response. In the final rule, the Board
requirements as they apply to various is provided. has specified that receivers include a 1⁄8-
transportation facilities, reviews Response. The Board has removed the inch (3.5 mm) standard mono jack and
requested departures based on provisions concerning equivalent has removed language concerning other
equivalent facilitation in consultation products and technologies as an jack types and adapters (706.2).
with the Board. Over the years, DOT has alternative to the detectable warnings Section 706.3 specifies that receivers
approved various detectable warning specified by section 705. This change is required to be compatible with hearing
products that differ slightly from the consistent with the effort the Board aids (25%) must be neck loops since
ADAAG specifications. The made in the proposed rule to remove this type interfaces with hearing aid T-
specifications in the final rule derive specific provisions concerning coils. Many comments supported this
from a review of these products and will equivalent facilitation. The general provision and no changes to it have
encompass the variations among provision for equivalent facilitation been made in the final rule.
products previously approved by DOT remains the basis upon which The performance of assistive listening
under the equivalent facilitation clause. alternatives to the specified detectable systems is a concern among users. The
Detectable warnings are required to warnings may be pursued. DOT’s ADA quality and capability of systems largely
contrast visually from adjacent walking regulations provide a process for the determine the quality of sound
surfaces, either light-on-dark or dark-on- review of requested departures as an transmission. Sound quality, internal
light. The proposed rule required the equivalent facilitation in relation to noise, signal-to-noise ratio, signal
material used to provide contrast be an public transportation facilities.24 strength, and boost vary among
integral part of the truncated dome Section 705.2 specifies that detectable
products. As a result, some systems do
surface (705.2.2). This specification was warnings along boarding platform edges
not adequately meet the needs of people
intended to preclude the painting of be 24 inches wide. In the final rule, the
who are hard of hearing. For example,
detectable warning surfaces to meet the Board has added clarification that the
the boost of some products may amplify
contrast requirements since painted detectable warning is to extend the full
sound adequately for people with mild
surfaces would not be adequately slip length of the public use areas of
hearing loss but not for those with
resistant. However, requirements for platforms.
profound hearing loss.
ground and floor surfaces in section 706 Assistive Listening Systems In the belief that standards should be
302, which require slip resistance, apply
Section 706 provides specifications developed to provide guidance in
to those surfaces with detectable
for assistive listening systems. Assistive selecting products of sufficient quality
warnings as well. The Board believes
that the requirement for slip resistance listening systems pick up sound at or and capability, the Board funded a
in section 302 effectively prevents the close to its source and deliver it to the study on assistive listening systems that
painting of detectable warning surfaces. listener’s ear. This more direct was completed in 1999. Conducted by
Consequently, it has removed the transmission improves sound quality by the Lexington Center, this project
specification that the material used to reducing the effects of background noise included collecting information on
provide contrast be an integral part of and reverberation and, as needed, assistive listening systems, a review of
the detectable warning surface. increasing the volume. These devices the state-of-the-art with respect to
Comment. The proposed rule serve people who are hard of hearing, assistive listening systems, and a survey
specified that detectable warnings in including those who use hearing aids. of consumers, service providers,
interior locations differ from adjoining Assistive listening systems are generally dispensers and manufacturers to
walking surfaces in resiliency or sound- categorized by their mode of determine how effective assistive
on-cane contact (705.2.3). Commenters transmission. Acceptable types of listening systems are at present and
considered this provision to be of assistive listening systems include what the major problems, limitations,
questionable usefulness and difficult to induction loops, infrared systems, FM and complaints are regarding existing
meet absent a recognized method of radio frequency systems, hard-wired systems. With this information, the
measuring resiliency or sound-on-cane earphones, and other equivalent researchers developed objective means
contact. devices. A definition for ‘‘assistive for specifying the overall characteristics
Response. The requirement for listening systems’’ has been included in of any assistive listening system, from
contrast in resiliency or sound-on-cane the final rule (section 106). Provisions sound source to listener’s ear, to be able
contact between detectable warnings address receiver jacks (706.2), to predict how well the system will
and adjoining walking surfaces in compatibility with hearing aids (706.3), work in practice and to determine
interior locations has been removed in and system quality and capability (706.4 objective criteria for establishing
the final rule. through 706.6). guidelines or recommendations for the
Comment. The proposed rule Comment. Receivers are required to use of assistive listening systems in
included provisions that generally have a 1⁄8-inch standard mono jack so public places. The criteria
recognized alternative tactile surfaces that users can use their own cabling as recommended by this research include:
equally detectable underfoot or other necessary. The proposed rule allowed • A signal-to-noise ratio of at least 18
designs or technologies that provide other types of jacks where compliant decibels measured at the earphones.
equal or superior drop-off warning at adapters were provided (706.3). • The capability of receivers to
boarding platforms (705.3 and 705.4). Comments strongly supported the deliver a signal with a sound pressure
Commenters opposed these provisions requirement for the 1⁄8-inch mono jack. level of at least 110 decibels and no
without further guidance or specificity Some commenters noted that this type more than 118 decibels with a dynamic
on the type of alternatives that would be range on the volume control of 50
acceptable. Some commenters 24 49 CFR 37.9(d). decibels.
• Peak clipping levels at or below 18 recommendations, that a descriptive set • Revising exceptions for drive-up
decibels down from the peak level of the of technical criteria is essential to ATMs to also cover drive-up fare
signal. ensure that ATMs are adequately machines (707.2, 707.3, and 707.7).
Comment. The Board sought comment accessible to, and usable by, persons • Modifying specifications for
on whether the criteria developed with vision impairments. The Board has operable parts (707.3).
through the Lexington Center research taken into consideration concerns raised • Limiting privacy requirements to
should be included in the final rule by industry concerning various ATMs (707.4).
(Question 30). Commenters specifications, as well as information on • Revamping and clarifying speech
overwhelmingly supported the improved technological solutions, in output capabilities and specifications
inclusion of specifications for the finalizing these criteria. A number of (707.5).
performance and sound quality of revisions have been made to the ATM • Modifying specifications for input
assistive listening systems. requirements which are detailed below. controls (707.6).
Response. The Board has included • Adding a requirement for braille
performance criteria for assistive Comment. Section 707 specifically instructions (707.8).
listening systems based on the covers ATMs and fare machines. In the Sections 707.2 and 707.3 address
Lexington Center research that address proposed rule, the Board sought clear floor or ground space requirements
the sound pressure level (706.4), signal- comment on whether this section and operable parts, respectively. These
to-noise ratio (706.5), and peak clipping should be extended to cover other types provisions include exceptions for drive-
level (706.6). of interactive transaction machines up only ATMs. In the final rule, the
A report from the Lexington Center on (ITMs), such as point-of-sale machines Board revised these exceptions to cover
this research, ‘‘Large Area Assistive and information kiosks, among others fare machines as well.
Listening Systems: Review and (Question 31). Information was Comment. The proposed rule
Recommendations,’’ is available from requested on any possible design specified that operable parts be able to
the Board and its Web site at conflicts between the requirements of be differentiated by sound or touch
www.access-board.gov. Additional this section and any specific types of without activation (707.3). Comments
resources stemming from the project, interactive transaction machines. from industry noted that it would be
including a series of technical bulletins Comments from disability groups and difficult to achieve this requirement in
on assistive listening systems, are also individuals with disabilities generally the design of controls activated by
available. supported coverage of ITMs and point- touch. Some commenters advised that
of-sale machines. Most industry compliance would be more feasible if
707 Automatic Teller Machines and the provision recognized an allowable
commenters opposed such an expansion
Fare Machines level of force that could be applied
since, in their opinion, such devices
Section 707 provides specifications differ in structure and use from ATMs. without the control being activated.
for Automatic Teller Machines (ATMs) Comments noted that computers used in Since many ATMs and fare machines
and fare machines. Requirements point-of-sale machines rarely have the allow users to cancel operations,
address clear floor or ground space capacity for added functions, especially including when a control is
(707.2), operable parts (707.3), privacy for speech. Commenters were inadvertently activated, commenters
(707.4), speech output (707.5), input particularly concerned that questioned the need for this provision.
(707.6), display screens (707.7), and manufacturers, installers, and property Response. The Board agrees that keys
braille instructions (707.8). In the final owners would be held responsible for which enable users to readily clear or
rule, this section has been significantly the content of web-based dynamic correct input errors obviate the need for
reorganized and criteria for output and information. Several suggested that controls that can be differentiated by
input substantially revised due to unlike ATMs, which are considered sound or touch without activation. In
comments submitted by persons with primarily single-purpose devices, the final rule, the Board has revised the
disabilities, various disability groups, information kiosks are multi-purpose requirement to apply only at ATMs and
ATM manufacturers, banking devices that cannot produce audio files fare machines that are not equipped
institutions and trade associations, and anticipating the content of the video with ‘‘clear’’ or ‘‘correct’’ keys.
others. display. Section 707.4 ensures an equivalent
Comment. Comments from the level of privacy in the use of ATMs for
banking industry opposed the specific Response. The Board has elected not
all individuals, including those who use
criteria proposed for ATMs in favor of to broaden the scope of the rule to
a machine’s accessible features. In the
a more flexible performance standard. address all types of interactive
final rule, this requirement has been
Conversely, many comments from transaction machines at this time.
made specific to ATMs, since privacy is
persons with vision impairments However, the Board has issued
generally of less concern in the use of
supported the proposed specifications standards covering various types of
fare machines.
or urged the Board to make them more electronic and information technology Section 707.5 provides requirements
stringent. purchased by the Federal government for speech output of ATMs and fare
Response. The original ADAAG relied under section 508 of the Rehabilitation machines.
on a performance criterion in specifying Act. These standards encompass various Comment. ATM manufacturers and
access to ATMs for people with vision types of interactive transaction the banking industry opposed the
impairments: ‘‘instructions and all machines that are procured by the specific criteria for audible output in the
information for use shall be made Federal government. The Board intends proposed rule (707.5) and urged the
accessible to and independently usable to monitor the application of the Board to replace them with more
by persons with vision impairments’’ performance-based section 508 flexible performance requirements that
(4.34.5). Based on the level of access standards to ITMs in the Federal sector would focus on the desired outcome
provided at ATMs under the original for its consideration in future updates of instead of detailing how and to what
ADAAG, it is the Board’s belief, these guidelines. extent access was to be achieved.
consistent with the ADAAG Review Revisions made to this section Comments from disability groups
Advisory Committee’s include: strongly supported the approach taken
in the proposed rule. Some of these than limited voice output. According to the ADA, regulations issued by the
comments requested that the these comments, such coordination is Department of Justice (DOJ) effectively
specifications cover the full range of not customary in the U.S. The banking govern requirements that apply to
machines used and types of output. For industry expressed particular concern existing places of public
example, some pointed out that certain about the application of the guidelines accommodation. How, and to what
types of information, such as error to ATMs that are refurbished and extent, the Board’s guidelines are used
messages, are often overlooked in the redeployed. According to the industry, for purposes of retrofit, including
provision of audible output. there is a large market for used ATMs, removal of barriers and provision of
Response. The Board has revised the which have an average life of 10 years, program access, is wholly within the
requirements for audible output to though some can last up to 20 years; as purview of DOJ. It is the Board’s
emphasize the minimum performance new machines are installed in existing understanding that DOJ is aware of the
capabilities necessary for access. This locations, those replaced are commonly concern as raised by various
will allow room for technological redeployed elsewhere. Since the commenters generally and that DOJ
innovations and improvements in specifications apply not only to new plans to address these concerns in its
providing access solutions, particularly ATMs, but to altered machines as well, rulemaking to revise its ADA standards
with respect to audible output. On the commenters expressed concern about pursuant to the Board’s final rule.
other hand, the Board has also retained the cost and feasibility of retrofitting Comment. In the proposed rule, the
or added specific criterion so that a existing machines as part of their Board requested comment on whether
minimum level of accessibility is clearly relocation. On the other hand, ATM manufacturers or banks intend to
established to avoid confusion or comments from disability groups provide audio output receivers for
misinterpretation. The final rule clearly indicated that satisfactory voice output customers who need them to access
requires machines to be speech enabled, is not only feasible but is actually being audible output and whether customers
as opposed to the proposed rule’s call accomplished by various banking needing such output could reasonably
for ‘‘audible instructions.’’ As revised, it institutions, including through the be expected to provide their own
requires that ‘‘all displayed information retrofit of existing machines. receivers (Question 34). Few comments
for full use shall be accessible to and addressed this question. Several
Response. Many of the comments
independently usable by individuals individuals with vision impairments
submitted by industry concerning the
with vision impairments.’’ The indicated that they carry headphones for
cost and impact of the requirements for
specification lists particular types of talking book players and other audio
output, such as operating instructions audible output appeared based on the
provision of recorded human speech. devices.
and orientation, visible transaction Response. The Board has not included
prompts, user input verification, and However, the Board intended other
alternatives, which are considerably less any requirements concerning the
error messages. However, the over-
expensive, such as digitized human provision of audio output receivers.
arching performance criterion governs,
speech and synthesized speech. Comment. The proposed rule
as the list of particulars is not
Clarification of these permitted types of included an advisory note indicating
exhaustive. Consistent with the
output are included in the final rule that audible tones can be used instead
proposed rule, the speech output must
(707.5). New technologies for text-to- of speech for personal input that is not
be delivered through devices readily
available to all users, such as a speech synthesis are becoming available displayed visually for security purposes,
telephone handset or an industry that offer less expensive solutions in such as personal identification numbers
standard connector (e.g., an audio mini equipping machines with speech (707.5.3). Comments from industry
jack to accommodate a user’s audio output. Such technologies, which can be supported this clarification but noted
receiver). installed through software or hardware that it would be more appropriately
Comment. The Board sought enhancements, can generate all of the located within the text.
information on the availability of ATMs information required to be accessible in Response. The Board agrees that the
that meet the audible output audible output. In the past year, the advisory note actually functioned as an
requirements of the proposed rule and Board has become aware of various exception to the requirement for speech
any impact, including costs and banks in different areas of the country output and has added it to the text in
technological difficulties, in developing that have provided new talking ATMs the final rule (707.5, Exception 1).
new products that would comply that take advantage of improved speech Comment. Comments from persons
(Question 35). Information was also output technologies. With respect to with disabilities requested that all
requested on the practice of redeploying refurbished machines, the requirements visually displayed information,
ATM equipment and the impact of the of these guidelines as they apply to including advertisements, should be
output requirements on this practice. altered elements permit departures covered by the requirement for speech
Industry commenters expressed strong where compliance is not technically output.
concerns about the cost and feasibility feasible; in such cases, compliance is Response. The Board disagrees with
of providing speech output for new and required to the maximum extent feasible coverage of extraneous information not
refurbished machines. Industry (202.3, Exception 2). Some industry needed in the conduct of all available
commenters claimed that voice output commenters expressed concern about transactions. In the final rule, an
would be burdensome by necessitating the proposed requirements and existing exception has been added which notes
both hardware and significant software machines, including those that are not that advertisements and similar
investments, including on-going altered. However, the scope of these information are not required to be
maintenance to support changes in the guidelines, consistent with the Board’s audible unless they convey information
services offered by the institution. mandate, extends only to new that can be used in the transaction being
Analysis of industry comments reveals construction and planned alterations conducted (707.5, Exception 2). This
an underlying concern that and additions. The Board does not exception helps further clarify the scope
manufacturers, property owners, generally have jurisdiction over of the general performance requirement
installers, and networks must requirements for existing facilities that of 707.5 by describing the type of
coordinate to provide anything more are otherwise not being altered. Under information that is not covered.
Comment. Comments from industry will be able to identify each bill’s Response. The Board has revised the
pointed out that compliance will be denomination. final rule to require at least one input
difficult and extremely costly, if not Comment. The proposed rule required control for each function (as opposed to
impossible, for certain types of that machines have the capability to ‘‘all keys’’) to be tactually discernable
machines that cannot support speech provide information on receipts in an (707.6.1). Key surfaces are required to be
synthesis. Some machines cannot audible format as well (707.5.8). Some raised from surrounding surfaces, but
‘‘read’’ or ‘‘pronounce’’ dynamic comments from individuals with vision the proposed 1⁄25 inch minimum has
alphabetic text. Dynamic alphabetic text impairments urged the Board to revise been removed. In addition, the Board
includes words that cannot be known in this requirement to clearly apply to all has also added a requirement specific to
advance by the machine or its host. data contained on a receipt. Industry membrane keys. Such keys must also be
Audible dynamic text requires either representatives, however, advised that tactually discernable from surrounding
pre-recorded files or a text-to-speech the requirement should apply only to surfaces and other keys where they are
synthesizer to convert electronic text essential information concerning a the only method of input provided.
into speech using pre-programmed transaction. These comments noted that Comment. Comments from persons
pronunciation rules. some information that may not be of with disabilities called attention to the
Response. Because it would be interest or use to customers is importance of access to touch screens at
impossible to pre-record files to nevertheless required to appear on fare machines and ATM machines. The
anticipate all the possible dynamic printed receipts under Federal proposed rule provided an exception for
alphabetic combinations in the English mandates. In addition, the banking the touch screens of video display
language, speech synthesis is the only industry indicated that some ATMs screens (707.4.2, Exception). This
practicable solution for producing have the capability to provide copies of exception was meant to apply only to
dynamic alphabetic audible output. The records, such as bank statements, which that method of input, since the Board
Board has added an exception for should not be subject to the speech intended that alternative method of
machines that cannot support speech output requirements. input that is tactually discernable would
synthesis. Under this exception, Response. The Board has revised the be provided in addition to the touch
dynamic alphabetic output is not requirement for receipt information to screen. Commenters misread this
required to be audible (707.5, Exception more clearly distinguish the type of exception as completely exempting
3). information required to be provided touch screens from providing tactually
Comment. Persons with vision discernable controls.
through speech output and the type that
impairments and disability groups Response. The Board has removed the
is not. The final rule requires that
indicated that ‘‘repeat’’ and ‘‘interrupt’’ exception for touch screens in the
speech output devices provide all
functions greatly facilitate use of speech proposed rule to avoid misinterpretation
output. Such commenters also stated information on printed receipts, where of its intent. Instead, the Board has
that volume control is an important provided, necessary to complete or revised the requirement for tactually
feature in accommodating the full range verify a transaction, including balance discernable input controls as applying
of users. Industry commenters pointed inquiry information and error messages to those key surfaces that are not on
out that interruption of speech output is (707.5.2). Extraneous information that active areas of display screens (707.6.1).
critical because such output, even when may be provided on receipts, such as All machines with touch screens must
not accessed through a handset or the machine location and identifier, the have tactually discernable input
earphones, is continuously running and date and time, and account numbers is controls as an additional alternative to
will otherwise lengthen the time of all not required to be provided through those activated by touching the screen.
operations and transactions. speech output (Exception 1). In Comment. The proposed rule
Response. The Board has added a addition, the Board has also exempted specified the arrangement of numeric
provision that machines allow users to receipt information that duplicates keys according to the standard 12-key
repeat or interrupt speech output audible information on-screen telephone keypad layout, which
(707.5.1). An exception allows speech (Exception 2) and printed materials that provides numbers in ascending order
output for any single function to be are not actual receipts, such as copies of (707.4.4). The ATM and banking
automatically interrupted once a bank statements and checks (Exception industries indicated that numbers may
transaction is selected. This 3). be arranged in descending order, similar
specification replaces a requirement in Section 707.6 covers input controls, to the arrangement of numeric keys on
the proposed rule that users be able to including numeric and function keys. standard computer keyboards as
expedite transactions (707.5.4.2). In Comment. The proposed rule required required by other national standards,
addition, the Board has included a all keys used to operate a machine to be such as those issued in Canada. Since
requirement for a volume control. tactually discernable (707.4.2). It ATM manufacturers operate
Comment. The proposed rule included specifications for key surfaces internationally, consistency with other
contained a requirement that ATMs to be raised 1⁄25 inch minimum and that national standards is a key industry
dispense paper currency in descending outer edges have a radius of 1⁄50 inch concern.
order with the lowest denomination on maximum (707.4.2). It also required a Response. The final rule requires
top (707.5.7). Comments from the minimum separation between keys of 1⁄8 numeric keys to be arranged in an
banking industry noted that while this inch and specified a distance between ascending or descending telephone
requirement is feasible, the function and numeric keys based on the keypad layout (707.6.2). The number
denominations of currency dispensed distance between numeric keys five key is required to be tactually
varies depending on which bills are still (707.4.3). Comments from industry distinct from the other keys (a raised dot
available in a machine before it is re- pointed to these provisions as unduly is commonly used).
supplied. restrictive and raised questions about Comment. The proposed rule required
Response. The Board has removed the supporting data for the specified function keys to be arranged in a
requirement for bills to be dispensed in dimensions. These commenters urged a specific order and specified particular
descending order since the order of performance-based requirement as more tactile symbols and colors for standard
dispensation will not ensure that users appropriate. keys (707.4.5). Comments from industry
opposed the mandate for a particular time intervals in view of industry communication system may be of
key arrangement which it considered practice. particular benefit to people unable to
impractical due to various factors that Section 707.7 addresses visual display access an entrance.
influence the design and layout of screens and provides specifications for
the screen height and the legibility of Captioning
function keys. Further, these
commenters questioned the need for visual characters. An exception is ADAAG and the Department of
such a requirement in view of provided for drive-up ATMs, which the Justice’s ADA regulations do not require
provisions concerning the tactile labels Board modified in the final rule to also captioning of movies for persons who
of keys and audible operating cover drive-up fare machines (707.7, are deaf. However, various technologies
instructions and orientation. In Exception). Few comments addressed have been developed to provide open or
addition, comments noted that the these provisions and no further closed captioning for movie theaters.
tactile symbol assigned to ‘‘clear’’ or substantive changes have been made. One closed caption method for making
‘‘correct’’ keys (vertical line or bar) was Comment. Persons with vision movies accessible is a system that
inconsistent with the symbol specified impairments requested the inclusion of synchronizes captions and action by
by Canadian standards (raised left a specific requirement for braille projecting reverse text images onto a
arrow). instructions. While braille instructions wall behind an audience. The reverse
Response. The Board has removed the for full use of the machine are not text is then reflected by transparent
requirement for function keys to be necessary in view of the speech output screens at individual seats where movie
arranged in a particular horizontal or requirements, these comments noted goers can read the script on the screen
vertical order, which it considers that instructions indicating how the and view the movie through the screen
unnecessary since such keys are to be speech mode is activated are needed in simultaneously. This type of auxiliary
labeled by standardized tactile symbols. tactile form. For example, some aid and others may require built-in
This revision permits manufacturers machines may provide a jack through features to make them usable.
which users can access speech output Comment. In the proposed rule, the
flexibility in the design of function key
by connecting personal earphones or Board requested information on other
layouts. In addition, the Board has
other types of audio receivers. Without types of captioning as it relates to the
changed the required symbol for ‘‘clear’’
braille instructions, users may not built environment and preferences
or ‘‘correct’’ keys to a raised left arrow
readily determine the method for among users (Question 36). Specifically,
for consistency with Canadian standards
accessing speech output, which the Board sought information regarding
(707.6.3.2).
otherwise would only be tactually the technical provisions that would be
Comment. The Board specified colors necessary to include in ADAAG to
indicated by the jack itself.
for standard function keys in the Response. The Board has included a facilitate or augment the use of auxiliary
proposed rule and sought comment on requirement for braille instructions on aids such as captioning and videotext
the appropriateness of this specification, initiating the speech mode (707.8). displays. Most comments from people
particularly for people who are color with disabilities and disability
blind (Question 32). Few comments 708 Two-Way Communication
Systems organizations supported a requirement
addressed this question. Instead most for captioning. However, most of these
commenters pointed out that the This section provides criteria for two- commenters stated a strong preference
specified colors did not correlate with way communication systems where they for open captioning over closed
standards used in Canada. are provided to gain admittance to a captioning because it provides easier
Response. Since many ATM facility or to restricted areas within a viewing and seating flexibility. Some
manufacturers operate internationally, facility. These systems must provide commenters expressed concerns about
the Board has elected to withdraw its audible and visual signals so that they the reliability or convenience of
color specification for function keys to are accessible to people with vision or particular closed captioning systems.
avoid conflict with other existing hearing impairments. As part of the Comments from the movie theater
national standards. integration of requirements for industry pointed out that the
Comment. ATMs often reject input residential dwelling units from a Department of Justice’s ADA regulations
when maximum time intervals are separate chapter, provisions specific to issued under title III state that movie
exceeded. Users are at risk of having the communication systems in such theaters are not required to present open
ATM card withheld and may encounter facilities have been relocated to this captioned films, but are encouraged to
additional transaction charges due to section (708.4). No further changes have voluntarily provide closed captioning.25
repeated attempts to access the been made to section 708. Response. In the final rule, the Board
machine. The Board sought comment on One of the technical provisions has not included a requirement for
whether it should include a specific requires that handsets, where provided, built-in features that can help support
requirement that would allow users to have cords long enough (at least 29 the provision of captioning
extend the maximum time intervals inches) to accommodate people using technologies.
between transactions beyond the wheelchairs (708.3). The proposed
amount of time typically allotted guidelines included an exception from Convenience Food Restaurants
(Question 33). Commenters from the this requirement for communication Convenience food restaurants,
banking industry and ATM systems located at inaccessible otherwise known as fast food
manufacturers noted that ATMs include entrances. The Board has removed this restaurants, often provide people with
standard features that ask if users want exception in the final rule, consistent the opportunity to order food from a
more time to conduct transactions. The with the new ANSI A117.1 standard. drive-through facility. These facilities
requirements for speech output will This action was taken in view of usually require voice
ensure that such questions are situations where an entrance may be intercommunication. The Department of
accessible to users with vision inaccessible, but a two-way Justice (DOJ) has required restaurants to
impairments. communication serving it is on an accept orders at pick-up windows when
Response. The Board has not included accessible route. In such cases, the
a requirement for extending transaction availability of a two-way 25 28 CFR part 36, section 36.303.
the communications system is not • New requirements for companion excess of code requirements. Where a
accessible to people who are deaf or seats (802.3). main circulation path is located behind
hard of hearing. • Revision of criteria for designated a seating row with a wheelchair space
Comment. The Board requested aisles seats (802.4). that is entered from the back, the aisle
comment on whether accessible Comment. Wheelchair spaces may be in front of the row may need be to be
communication should be required at placed side-by-side, as reflected in wider in order not to block the required
drive-through facilities (Question 37). specifications for width that are specific circulation path to the other seats in the
Few comments addressed this question. to adjoining spaces. The proposed rule row, or a mid-row opening may need to
Disability groups representing people specified that the approach to a be provided to access the required
who are deaf supported a requirement to wheelchair space could pass through circulation path to the other seats.
ensure an equivalent level of access. one adjoining wheelchair space, but not In the proposed rule, the Board posed
Comments from the restaurant industry others (802.5). This was done to limit several questions concerning the
opposed such a requirement in favor of the inconvenience to those occupying requirements for the dispersion of
the approach taken by DOJ. Industry wheelchair spaces who would otherwise wheelchair spaces (which were located
comments expressed concern about a have to move, possibly from the space in section 802.6). These requirements
mandated design solution’s potential or row entirely, to accommodate others have been revised and relocated to the
cost and the impact on drive-through traveling to and from other wheelchair scoping section for wheelchair spaces at
communication devices. spaces in the same row. Comments from section 221. As discussed above, the
Response. The Board believes that persons with disabilities urged that the Board has clarified the intent of the
further information needs to be rule be modified to prohibit travel proposed rule in calling for a choice in
developed on the technologies available through any wheelchair space. viewing angles comparable to that
to provide access for persons who are Response. In the final rule, the Board provided other spectators. In addition,
deaf to communication devices at drive- has modified specifications for the the Board removed a criterion for
through facilities before specifying a approach to wheelchair spaces so that dispersion based on a comparable
requirement in these guidelines. A travel through any wheelchair space is choice in admission prices. In the final
requirement for such access has not not required in accessing a wheelchair rule, it is required that wheelchair
been included in the final rule. space (802.1.4). As a result, accessible spaces be dispersed so that persons
routes cannot overlap wheelchair using them have ‘‘choices of seating
Chapter 8: Special Rooms, Spaces, and spaces. locations and viewing angles that are
Elements Comment. The Board sought comment substantially equivalent to, or better
Chapter 8 covers various types of on whether it should clearly prohibit than, the choices of seating locations
elements, rooms and spaces, including circulation paths (not just accessible and viewing angles available to all other
assembly areas (802), dressing, fitting, routes) from overlapping wheelchair spectators’’ (221.2.3). Like the proposed
and locker rooms (803), kitchens and spaces (Question 38). Persons with rule, specifications are provided for
kitchenettes (804), medical care and disabilities overwhelmingly supported horizontal (side to side) and vertical
long-term care facilities (805), transient such a change to ensure that people (front to back) dispersion. Wheelchair
lodging guest rooms (806), holding and using wheelchair spaces do not have to spaces must be located at ‘‘varying
housing cells in detention and shift or move out of the way of other distances from the screen, performance
correctional facilities (807), courtrooms pedestrian traffic while occupying area, or playing field’’ to achieve
(808), residential dwelling units (809), spaces. Comments from industry noted effective vertical dispersion. Exceptions
transportation facilities (810), and that such a requirement would increase from the requirements for horizontal
storage (811). In the final rule, space requirements at wheelchair and vertical dispersion requirements are
requirements from other chapters have seating areas. provided for assembly areas with 300
Response. The Board agrees with the seats or fewer.
been relocated to this chapter. These
majority of comments that persons using Section 802.2 covers lines of sight to
include requirements for:
wheelchair spaces should not have to the screen, performance area, or playing
• Courtrooms at 808 (relocated from
contend with overlapping pedestrian field for persons using wheelchair
232).
• Residential dwelling units at 809 traffic. Nor should occupied spaces spaces. These technical provisions
(relocated from Chapter 11). obstruct circulation paths, particularly address sight lines over seated and
• Transportation facilities at 810 means of egress. A requirement that standing spectators. The Board has
(relocated from Chapter 10). wheelchair spaces not overlap revised these requirements (located in
• Storage at 811(relocated from 905). circulation paths is included in the final section 802.9 in the proposed rule). In
Substantive changes to these sections rule (802.1.5). This requirement is the proposed rule, it was specified that
are discussed below. intended to apply only to the circulation wheelchair space sight lines be
path width required by applicable ‘‘comparable’’ to those provided ‘‘in the
802 Wheelchair Spaces, Companion building and fire codes and helps seating area in closest proximity to the
Seats, and Designated Aisle Seats ensure consistency between location of the wheelchair spaces, but
Section 802 provides requirements for accessibility and life safety criteria. not in the same row.’’ In venues where
wheelchair spaces, companion seats, Such codes generally do not permit people are expected to stand at their
and designated aisle seats in assembly wheelchair spaces to block the required seats during events, wheelchair spaces
areas. Requirements have been width of a circulation path. In various were to be located so that users have
reorganized and renumbered. situations, the new requirement is lines of sight over standing spectators
Substantive changes include: expected to have modest impacts. For comparable to those provided others in
• Revision of requirements for the example, where a main circulation path nearby seats not in the same row.
approach to, and overlap of, wheelchair located in front of a seating row with a Comment. The proposed rule required
spaces (802.1.4 and 802.1.5). wheelchair space is wider than required that wheelchair spaces offer lines of
• Clarification of lines of sight by applicable building and fire codes, sight ‘‘comparable’’ to those provided
specifications for wheelchair spaces the wheelchair space may overlap the other spectators (802.9). Corresponding
(802.2). portion of the path width provided in elevation drawings (Figures 802.9.1 and
802.9.2) illustrated lines of sight over include, but are not limited to, cup is provided. This specification is
the head of persons in the preceding holders, arm rests, and storage pockets. consistent with provisions for single-
row. Designers of assembly facilities Section 802.4 provides technical user toilet rooms and bathrooms
expressed concern that these criteria for designated aisle seats. These (603.2.3, Exception 2).
requirements, as illustrated, might be seats are intended to provide access for
people with disabilities who do not 804 Kitchens and Kitchenettes
read to require this kind of sight line in
all cases. However, a conventional need or prefer wheelchair spaces. Requirements in section 804 apply to
practice is to design seating so that lines Comment. The proposed rule required kitchens and kitchenettes, including
of sight are provided between, not over, that such seats have removable or those provided in transient lodging
the heads of persons in the preceding folding armrests or no armrests on the guest rooms and residential dwelling
row through staggered seating. aisle side. Comments noted that this units. They also apply to spaces, such
Generally, where the sight line is should apply only where armrests are as employee break rooms, located in
between the heads in the row provided on seats in the same area. other facility types. In the final rule,
immediately in front, it is also over the Comments from persons with requirements specific to kitchens in
head of the second row. According to disabilities felt that armrests should be residential dwelling units have been
these commenters, comparable access at required at designated aisle seats if folded into this section as part of the
wheelchair seating should be based on other seats have armrests. Facility integration of the chapter on residential
the type of sight line (over heads or operators noted that it is not practical to dwelling units (Chapter 11) into the rest
between heads) provided at inaccessible provide removable armrests because of the document. Certain requirements
seats. they become misplaced, lost, or stolen intended only for dwelling unit kitchens
Response. The final rule has been over time. have been modified accordingly. For
Response. Requirements for armrests example, requirements for clearances in
modified to clarify what constitutes
have been revised to apply only where pass through and U-shaped kitchens
comparable lines of sight over seated
armrests are provided on seating in the apply only to kitchens with cooktops or
spectators (802.2.1) and standing
immediate area. Armrests on the aisle conventional ranges (804.2), and
spectators (802.2.2). Specifically, the
side of the seat are required to be specified kitchen work surfaces are
revised specifications distinguish
folding or retractable. Complying required only in kitchens in residential
between sight lines provided over and
armrests are not required where no dwelling units (804.3). This
between heads of spectators in the row
armrests are provided on seats. reorganization does not substantively
ahead. Where lines of sight over the
heads of spectators in the first row in 803 Dressing, Fitting, and Locker change the requirements of section 804
front is provided, then those occupying Rooms as they apply to kitchens not located in
wheelchair spaces must also be residential dwelling units. These
Requirements for dressing rooms, include requirements for sinks (804.4),
provided lines of sight over the heads of fitting rooms, and locker rooms are
spectators in the first row in front of the storage (804.5), and appliances (804.6).
contained in section 803. Substantive changes apply primarily
spaces (802.2.1.1). A similar Comment. Section 803.2 requires
requirement for equivalency is specified to requirements for dwelling unit
wheelchair turning space in accessible kitchens. These revisions concern:
where sight lines are provided over the rooms. In the proposed rule, an
shoulders and between the heads of • Clearances in pass through kitchens
exception to this provision noted that a (804.2.1).
spectators in the first row in front portion of this space (6 inches • Storage (804.5).
(802.2.1.2). Parallel provisions are maximum) could extend under • Operable parts of appliances
provided for assembly areas where partitions or openings without doors (804.6.2).
spectators are expected to stand during that provide toe clearance at least 9 • Oven controls (804.6.5).
events (802.2.2.1 and 802.2.2.2). inches high. Many comments opposed Clearances for pass through kitchens
Section 802.3 addresses companion this exception since, as written, it address counters, appliances, or
seats, which are required to be paired would allow a 6-inch portion of the 5- cabinets on two opposing sides. In the
with wheelchair spaces (221.3). In the foot turning space on both sides to be final rule, this provision has been
final rule, the Board has clarified that located beyond two side partitions, revised to more clearly address
companion seats are to be located to possibly resulting in dressing or fitting situations where counters, appliances,
provide shoulder alignment with rooms that are only 4 feet wide. or cabinets are opposite a parallel wall.
adjacent wheelchair spaces (802.3.1). Response. This exception concerning In addition, the Board has changed
Consistent with the ANSI A117.1–2003 wheelchair turning space has been references to ‘‘galley kitchens’’ with
standard, the provision in the final rule removed in the final rule (803.2). ‘‘pass through kitchens’’ for clarity.
specifies that shoulder alignment is to Requirements for wheelchair turning At least 50% of shelf space in storage
be measured 36 inches from the front of space in section 304 specify dimensions facilities is required to be accessible
the wheelchair space and that the floor and recognize knee and toe space. (804.5). This is consistent with the
surface of companion seats is to be at However, permitted overlaps are proposed rule with respect to kitchens
the same elevation as that of wheelchair limited. For example, an object with generally, but differs from proposed
spaces. In the proposed rule (802.7), knee and toe clearance can overlap only specifications for dwelling unit
companion seats were required to be one arm or the base of T-shaped turning kitchens, which only addressed clear
‘‘readily removable.’’ As discussed space (304.3.2). floor space at cabinets (1102.12.5). The
above in section 221, the final rule The proposed rule prohibited doors final rule clarifies access requirements
allows, but does not require, companion from swinging into the turning space for storage in dwelling unit kitchens
seats to be removable (802.3.2). In (803.3). In the final rule, the Board has that is consistent with specifications for
addition, the Board has added a revised this requirement for consistency other types of kitchens.
requirement that companion seats be with the ANSI A117.1 standard. As Requirements for appliances include
‘‘equivalent in quality, size, and comfort revised, this provision permits doors to provisions for operable parts (804.6.2),
and amenities’’ to seating in the swing into the room where wheelchair which are required to be accessible
immediate area (802.3.2). Amenities space beyond the arc of the door swing according to section 309. Section 309
includes specifications for clear floor facilities. Revisions made to this section considered it inadequate in ensuring
space (309.2), height (309.3), and include: equivalent access. The proposed rule
operating characteristics (309.4). The • Removing a stipulation that also applied requirements for reach
proposed rule contained an exception wheelchair turning space not extend ranges and operable parts (sections 308
for controls mounted on range hoods. beneath beds (805.2). and 309) which would have effectively
This provision has been replaced by an • Clarifying fixture requirements in required knee and toe clearances below
exception to general scoping provisions accessible toilet and bathing rooms the vanities.
for operable parts that addresses (805.4). Response. The Board has removed the
redundant controls (205.1, Exception 6). Comment. Wheelchair turning space minimum surface requirement (2 square
In the addition, the Board has added is required in patient rooms and feet) for vanity counter tops. The revised
exceptions for appliance doors and door resident sleeping rooms. The proposed provision requires vanity counter top
latching devices in section 804.6.2. rule prohibited this space from space in accessible rooms to be
Comment. Operable parts must be extending under beds (805.2). comparable, in terms of size and
designed so they can be operated with Commenters opposed this requirement, proximity to lavatories, to those
one hand and without tight grasping, noting that it is inconsistent with provided in other rooms of the same
pinching, twisting of the wrist, or more specifications for wheelchair turning type. In addition, the requirement for
than 5 pounds of force (309.4). space in section 304 which recognize compliance with sections 308 and 309
Appliance manufacturers called knee and toe clearances for specified has been removed in the final rule. This
attention to various appliances that portions of the turning space. change is consistent with the ANSI
cannot be easily redesigned to meet the Commenters questioned why space at A117.1 standard.
maximum 5 pounds of force. At beds are held to a higher standard. A A provision in section 806.2.6
refrigerator and freezer doors, a tight similar requirement was included for prohibiting beds from overlapping
seal is necessary for energy efficiency, transient lodging guest rooms (806.2.6) wheelchair turning space has been
as required by other Federal laws, and holding and housing cells (807.2.1). removed for consistency with
which may result in an opening force Response. For consistency with specifications for such space in section
that exceeds 5 pounds of force. The specifications for wheelchair turning 304, as discussed above in section
latch used to secure dishwasher doors space in section 304, the Board has 805.2.
and create a water-tight seal also removed the requirement prohibiting Guest rooms required to have
typically requires a force that may beds from overlapping this space. Beds accessible communication features are
exceed 5 pounds which would be can overlap turning space up to six required to have visual alarms. As
difficult and costly to reduce. inches where adequate toe clearance (9 discussed above in section 702,
Response. The final rule provides an inches high minimum) is provided. This technical requirements for visual alarms
exception under which appliance doors change was also made for transient in the proposed rule have been replaced
and their latching devices are not lodging guest rooms and holding and with references to criteria in the NFPA
required to comply with the specified housing cells. 72. Corresponding revisions have been
operating characteristics for operable The Board has added clarification that made to the provision for visual alarms
parts in section 309.4, including the toilet and bathing rooms provided as in guest rooms (806.3.1). This provision
maximum pounds of force for operation part of a patient or resident sleeping references both the visual and audible
(804.6.2, Exception 1). room contain at least one water closet, criteria for alarms in the NFPA
Comment. Accessible reach ranges lavatory, and bathtub or shower (805.4). standards.
specify a minimum height of 15 inches Guest rooms providing
(308.3) for unobstructed reaches. The 806 Transient Lodging Guest Rooms communication access are also subject
appliance industry called attention to Section 806 addresses access to to requirements for notification devices
certain types of doors that, when fully accessible guest rooms (806.2) and those and telephones (806.3.2). Telephones
open, cannot easily meet this guest rooms that provide access to must have volume control. Also,
specification, such as dishwasher doors persons who are deaf or hard of hearing telephones must be served by an
and doors of ovens and broilers that are (806.3). Substantive changes made to accessible outlet not more than 4 feet
part of free-standing ranges. Compliance this section revise requirements for: away to facilitate use of TTYs. In the
with the reach range requirement when • Vanity counter spaces in accessible proposed rule, both of these
the door is fully open would severely toilet or bathing rooms (806.2.4.1). requirements applied to ‘‘permanently
impact the design and size of such • Wheelchair turning space (806.2.6). installed’’ telephones. The Board has
appliances. • Visual alarms (806.3.1). removed the term ‘‘permanently
Response. The Board has included an • Telephones (806.3.2). installed’’ because it is the Board’s
exception for bottom-hinged appliance Comment. Requirements for understanding that the Department of
doors, which do not have to be within accessible toilet and bathing rooms Justice will clarify the application of the
reach range requirements specified in include a provision for vanity counter guidelines to permanently installed
309.3 when open (804.6.2, Exception 2). top spaces, which in the past have been elements in its rulemaking to update its
Ovens are required to have controls omitted from accessible guest rooms standards for consistency with these
on front panels (804.6.5.3). A even where provided for inaccessible guidelines.
specification that these controls be to rooms. This provision requires
the side of the door has been removed accessible vanity counter tops at 807 Holding Cells and Housing Cells
in the final rule as unnecessarily lavatories in accessible guest rooms if This section provides requirements
restrictive. vanity counter tops are provided in for cells or rooms required to be
other guest rooms (806.2.4.1). The accessible in detention or correctional
805 Medical Care and Long-Term Care proposed rule required the vanity top in facilities and judicial facilities.
Facilities accessible rooms to be at least 2 square Revisions made to this section include:
Section 805 addresses access to feet. Industry commenters considered • Removing a provision that
patient or resident sleeping rooms in this specification unduly restrictive wheelchair turning space not extend
medical care and long-term care while persons with disabilities beneath beds (807.2.1).
• Clarifying fixture requirements in 809, have not been substantively governments. Under the ADA, the
accessible toilet and bathing rooms changed. Those that have are discussed Department of Justice determines the
(807.2.4). at the new location. The following list application of the guidelines to
• Relocating requirements for identifies the new location of the residential facilities. In addition, the
drinking fountains to the general provisions that were contained in ABA, which applies to federally funded
scoping provision (211.1). Chapter 11: facilities, may apply to public housing
• Revising requirements for telephone • 1101.1 and 1102.1 Scoping, and other types of residential facilities
volume controls (807.3.2). covered by 233. that are designed, built, or altered with
A provision in section 807.2.1 • 1102.2 Primary Entrance, now at Federal funds. Section 809 serves to
prohibiting beds from overlapping 206.4.6.
update the requirements for dwelling
wheelchair turning space has been • 1102.3 Accessible Route, now at
removed for consistency with 809.2. units contained in the current ABA
specifications for such space in section • 1102.4 Walking Surfaces, covered requirements, the Uniform Federal
304, as discussed above in section generally by 403. Accessibility Standards (UFAS), while
805.2. • 1102.5 Doors and Doorways, now providing new criteria in the ADA
The Board has added clarification that at 206.5.4. guidelines. Both the ADA and ABA
at least one water closet, lavatory, and • 1102.6 Ramps, covered generally establish design requirements for new
bathtub or shower, where provided, by 405. construction and alterations that ensure
must be accessible (807.2.4). In • 1102.7 Private Residence full access for persons with disabilities.
addition, a requirement for drinking Elevators, now at 206.6 (scoping) and This mandate is considerably different
fountains has been removed (807.2.4 in 409 (technical). than that established by the Fair
the proposed rule) due to revisions • 1102.8 Platform Lifts, covered Housing Act, which applies to covered
made to the scoping provisions for generally by 206.7 (scoping) and 410 multi-family housing in the private and
drinking fountains in section 211, as (technical). public sectors. Consequently, the level
discussed above. • 1102.9 Operable Parts, now at 205. of access specified by the ADA and ABA
Telephones, where provided within • 1102.10 Washing Machines and
guidelines differs from that specified by
cells, must be equipped with volume Clothes Dryers, covered generally by
the Fair Housing Accessibility
controls (807.3.2). In the proposed rule, 214.
• 1102.11 Toilet and Bathing Guidelines. The requirements proposed
this requirement applied to telephones
Facilities, now at 809.4 and Chapter 6. by the Board derive from guidelines for
that are ‘‘permanently installed.’’ As
• 1102.12 Kitchens, now at 809.3 residential facilities contained in the
discussed above in section 806, the
Board has removed this qualifier for and 804. ANSI A117.1–1998 standard. However,
consistency with the rest of the • 1102.13 Windows, covered in both the proposed and final rule, the
document. generally by 229. Board has found it necessary to deviate
• 1102.14 Storage Facilities, from the ANSI A117.1 in limited areas.
808 Courtrooms covered generally by 225 (scoping) and The Board intends to continue to work
Section 808 provides requirements for 811 (technical). with the ANSI A117 Committee to
courtrooms. These requirements have • 1103 Dwelling Units with reconcile differences between both
been relocated without substantive Accessible Communication Features, documents in this and other areas.
change from the scoping section for now at 809.5 and 708.4.
Comment. Several commenters The proposed rule, consistent with
judicial facilities (231). the ANSI A117.1–1998 standard,
expressed concern about these
809 Residential Dwelling Units requirements and their relationship to required all toilet and bathing facilities
The format and structure of these those issued by the Department of to comply in accessible dwelling units.
guidelines are designed to encourage an Housing and Urban Development under The new ANSI standard requires that at
approach to accessibility that is more the Fair Housing Act.26 These least one toilet and bathing facility be
integrated than that of the original commenters urged the Board and the accessible. The ANSI Committee
ADAAG. As a result, distinctions Department of Justice to clarify which adopted this change due to concerns
between facility types are minimized types of housing facilities are subject to about the impact of full scoping in light
both in terms of substance and the ADA and to make the requirements of revisions to its technical
structure. The Board has sought to consistent with the Fair Housing requirements for toilet and bathrooms.
further this approach and to make the Accessibility Guidelines.27 Other The technical revisions it approved are
document more internally consistent by commenters recommended that the consistent with those finalized by the
folding those remaining chapters Board reconcile differences with the Board in this rulemaking. The Board
specific to a facility type (residential standards for residential facilities also had concerns about the application
and transportation) into the other contained in the ANSI A117.1 standard. of the proposed requirement to certain
chapters which apply to facilities more Response. This rule updates types of housing, such as group homes.
generally. Section 809 is based on guidelines used to enforce the design In the final rule, the Board has revised
requirements for residential dwelling requirements of the ADA and the ABA. the provision (809.4) to require access to
units contained in Chapter 11 in the While the ADA does not generally cover at least one toilet and bathing facility,
proposed rule. Other provisions have private residential facilities, its coverage consistent with the ANSI A117.1–2003
been integrated into other chapters as is interpreted as extending to housing
standard.
appropriate. In some cases, the Board owned and operated by State and local
determined that scoping or technical Other comments concerning
provisions applicable to facilities 26 The Fair Housing Amendments Act of 1988 provisions for residential dwelling units
generally were sufficient without the expanded coverage of Title VII of the Civil Rights that have been relocated to other
Act of 1968 (42 U.S.C. 3601–3620) to prohibit
addition of language specific to discriminatory housing practices based on handicap
sections are discussed at the new
residential facilities. Most of the and familial status. location.
provisions, including those in section 27 24 CFR part 100.
810 Transportation Facilities In the Response. For clarity, the Board has The Board has added clarification that
final rule, provisions in Chapter 10 for applied requirements to ‘‘bus stop detectable warnings be provided ‘‘along
transportation facilities have been boarding and alighting areas’’ instead of the full length of the public use area of
integrated into other chapters. Most of to ‘‘bus stop pads.’’. the platform.’’
these requirements are now located in Comment. Bus stop boarding and The proposed rule, consistent with
section 810, but some provisions have alighting areas are required to be at least the original ADAAG, provided
been integrated into other sections: 96 inches long and 60 inches wide. The specifications for the coordination of
proposed rule specified that these vehicles and platforms, including
• 1001.1 Scope, now at 218.
dimensions were required to ‘‘the maximum changes in level (plus or
• 1002.1 through 1002.4, Bus Stops
maximum extent allowed by legal or site minus 5⁄8-inch) and horizontal gaps (3
and Terminals, located at 810.2 through
constraints’’ (1002.2.2). Comments inches for rail vehicles, 1 inch for
810.4.
• 1002.5 Bus Stop Siting, now at considered this language unclear or automated guideway systems). Alternate
209. unnecessary. specifications were provided for
• 1003.1 Facilities and Stations, Response. The reference to legal or existing vehicles and stations. These
now at 218. site constraints was intended to cover requirements are paralleled in the
• 1003.2 New Construction, now at existing conditions that would Board’s ADA Accessibility Guidelines
218. effectively preclude sizing boarding and for Transportation Vehicles.28 For
• 1003.2.1 Station Entrances, now at alighting areas to the minimum simplicity, the Board has replaced
206.4.4. dimensions specified, such as narrow requirements in section 810.5 with
• 1003.2.2 Signs, now at 810.6. sidewalks. The Board has removed this references to these specifications as
• 1003.2.3 Fare Machines and Gates, language in section 810.2.2 in favor of contained in the guidelines for
covered generally by 220 (Fare a general scoping provision for transportation vehicles (810.5.3). This
Machines) and 206.5 (Gates). alterations (202.3) which recognizes revision does not substantively change
• 1003.2.4 Detectable Warnings, instances where compliance is not the requirements for the coordination of
now at 810.5. technically feasible. In such cases, platforms and vehicle floors.
• 1003.2.5 Rail-to-Platform Height, compliance is required to the maximum Comment. The referenced vehicle
now at 810.5. extent feasible. guidelines (like those of the proposed
• 1003.2.6 TTYs, now at 217.4.7. Section 810.3 addresses bus shelters, rule) permit the use of mini-high
• 1003.2.7 Track Crossings, now at which are required to provide platforms, car-borne or platform-
810.10. wheelchair space. The Board has mounted lifts, ramps or bridge plates, or
• 1003.2.8 Public Address Systems, included clarification that this space be manually deployed devices where it is
now at 810.7. located ‘‘entirely within the shelter’’ so not operationally or structurally feasible
• 1003.2.9 Clocks, now at 810.8. that persons occupying the space can be to meet the specified changes in level or
• 1003.2.10 Escalators, now at adequately sheltered from the elements. horizontal gaps. In the case of commuter
810.9. Requirements for rail stations and and intercity rail systems, this is often
• 1003.2.11 Direct Connections, airports are provided in sections 810.5 due to track that is also used by freight
now at 206.4.4. through 810.10. Most of these trains because the passage of oversized
• 1003.3 Existing Facilities, now at provisions apply specifically to rail freight precludes a high level platform.
218. stations, but some are applicable to The American Railway Engineering and
• 1003.3.1 Accessible Route, airports as well, such as requirements Maintenance of Way Association had
covered generally by 206 (Accessible for public address systems (810.7) and previously recommended a new
Routes) and by 810.9 (Escalators). clocks (810.8). Revisions made to these platform height of 8 inches above top of
• 1003.3.2 Rail-to-Platform Height, provisions address: rail. This height allows for freight
now at 810.5. • Rail platforms (810.5). passage while reducing the height of the
• 1003.3.3 Direct Connections, now • Rail station signs (810.6). first step of a rail car above the platform.
at 206.4. • Public address systems (810.7). Often a portable step stool is used to
• 1004.2 TTYs (in airports), now at • Escalators (810.9). make up the height difference between
217.4.7. • Track crossings (810.10). a lower platform and the first step.
• 1004.3 Terminal Information Comment. Commenters advised that Negotiating such a step can be difficult
Systems (in airports), now at 810.7. the specifications should address for ambulatory passengers, especially
• 1004.4 Clocks (in airports), now at platforms for light rail vehicles which since handrails are usually not
810.8. should be allowed to conform to the available. Also, requiring the 8 inch
Section 810 provides requirements for grade of the street. height would reduce the vertical travel
bus boarding and alighting areas (810.2), Response. The Board has explicitly distance for a lift. The Board sought
bus shelters (810.3), and bus signs specified that rail platforms shall slope comment on whether new platforms for
(810.4). Revisions address: no more than 1:48 in any direction, commuter or intercity rail stations
• Bus boarding and alighting areas, consistent with cross slope provisions should have a height of 8 inches above
including specified dimensions for walking surfaces in section 403. An top of rail (Question 47). Most
(810.2.2). exception has been added for platforms comments supported such a
• Clarification of requirements for bus at existing tracks or tracks laid in requirement.
shelters (810.3). existing roadways (810.5.1). Such Response. The Board had added a
Comment. Specifications in 810.2 for platforms are permitted to have a slope requirement that low level platforms be
bus stops applied to ‘‘bus stop pads’’ in parallel to the track that is equal to the at least 8 inches above top of rail
the proposed rule. Comments noted that slope (grade) of the roadway or existing (810.5.3). An exception intended for
this reference has been misinterpreted track. light rail systems allows a height below
as applying to the vehicle space for Rail platform requirements include 8 inches where vehicles are boarded
buses which are sometimes provided specifications for detectable warnings from sidewalks or at street level.
with concrete pads, instead of to along platform boarding edges not
adjacent boarding areas. protected by screens or guards (810.5.2). 28 36 CFR part 1192.
Comment. Section 810.6 addresses including station announcements and 811 Storage
requirements for station signage, emergency announcements, in a visual Requirements in section 811 address
including signs at entrances, route and format so that this information is storage. In the proposed rule, these
destination signs, and station names. conveyed to people who are deaf or provisions had been provided in
These provisions reference requirements hard of hearing (Question 46). Chapter 9 (section 905), which
for tactile and visual characteristics in Recommendations included use of
addresses built-in furnishings and
section 703. Commenters urged the message boards for verbal
equipment. These provisions have been
Board to recognize audible signs as an announcements and visual signals, such
moved to Chapter 8, which the Board
alternative to tactile signs since they can as a flashing light, or audible signals
considers a more appropriate location
provide equal or greater access to such as bells and chimes. Some
because it covers accessible spaces and
information. commenters recommended that this
Response. The Board has added an elements. Provisions of this section
issue be revisited in rulemaking specific
exception under which entrance, route, address clear floor or ground space
to the vehicle guidelines.
and destination signs do not have to Response. The Board intends to (811.2), the height of storage elements
comply with visual and tactile further explore this issue during (811.3), and operable parts, such as
specifications where certain audible rulemaking to update its accessibility storage hardware (811.4). In the final
sign technologies are provided. The guidelines for transportation vehicles. rule, the Board has clarified the
exception specifically recognizes those Comment. Escalators must have a application of the height specifications
technologies that involve hand-held clear width of 32 inches minimum in section 811.3 to storage elements and
receivers, activation by users, or (810.9). The original ADAAG contained has removed specific references to
detection of people in proximity to the a requirement that at least two clothes rods and hooks, which it
sign. contiguous treads be level beyond the considers redundant. No substantive
Comment. Requirements for route and comb plate at the top and bottom before changes have been made to the criteria
destination signs are subject to risers begin to form (ADAAG for storage.
specifications for visual signs in section 10.3.1(16)). It also required color Chapter 9: Built-In Elements
703, including character height contrast on treads. Both provisions were
(810.6.2). The proposed rule allowed removed in the proposed rule as Chapter 9 covers built-in elements,
certain signs to have a 3 inch minimum recommended by the advisory including dining surfaces and work
height where space is limited and a 11⁄2 committee, which questioned the need surfaces (902), benches (903), and sales
inch height for characters on signs not for such criteria in guidelines for and service counters (904). Changes
essential to the use of the transit system accessibility. Comments requested that made to this section include:
(1003.2.2.3, Exception). Comments these specifications be restored for • Clarification of provisions for
pointed out that this exception should greater access. Commenters noted that benches concerning clear floor or
allow characters to be less than 3 inches the required color contrast benefits ground space (903.2), back support
high for consistency with the character persons with low vision. (903.4), and height (903.5).
heights specified for signs generally in Response. In the final rule, the Board • Addition of a requirement for check
section 703. has added a reference to relevant writing surfaces at check-out aisles
Response. The Board has corrected provisions in the ASME A17.1 Safety (904.3.3).
this exception so that characters are not Code for Elevators and Escalators • Clarification of requirements for
required to be more than 3 inches high instead of providing its own accessible sales and service counters
where sign space is limited. This would specification (810.9). This will ensure that are less than 36 inches long
apply to conditions where signs are consistency with the safety code. The (904.4.1).
more than 10 feet above the ground or ASME code requires steps to be • Revision of requirements for
floor and the viewing distance is 21 feet demarcated by yellow lines 2 inches communication devices where security
or more (the only types of signs required wide maximum along the back and glazing is provided (904.6).
by section 703.5 to have characters more sides of steps (ASME A17.1, section • Relocation of provisions for storage
than 3 inches high). The Board has 6.1.3.5.6). It also requires at least two from section 905 to Chapter 8 (811).
removed as unnecessary the exception flat steps and no more than four flat
902 Dining Surfaces and Work
for signs not essential to the use of the steps at the entrance and exit of every
Surfaces
transit system, such as exit street names. escalator (ASME A17.1, section
Section 810.7 covers public address 6.1.3.6.5). Consistent with the original Section 902 provides specifications
systems in rail stations and airports. The ADAAG, an exception from these for seating at dining and work surfaces.
proposed rule required that where requirements is provided for existing Clear floor space is required for a
public address systems are provided to escalators in key stations (810.9, forward approach (902.2), and a surface
convey information to the public, a Exception). height of 28 to 34 inches is specified
means of conveying the same or Section 810.10 addresses track (902.3). Alternate specifications for
equivalent information to persons who crossings at transportation facilities. The surfaces designed for children’s use are
are deaf or hard of hearing be provided. proposed rule required route surfaces to also provided (902.4).
The Board has simplified this provision be level with the rail top, but permitted Comment. Commenters expressed
so that it requires ‘‘the same or a 21⁄2 inch gap at the inner edge of rails concern about use of the terms ‘‘dining
equivalent information * * * in a visual to accommodate wheel flanges surfaces’’ and ‘‘work surfaces’’ and
format.’’ (1003.2.7). Where this gap is not urged the Board to include definitions
Comment. In the proposed rule, the practicable, an above-grade or below- of the terms in the final rule. Comments
Board sought information for its use in grade accessible route was specified. In considered the term ‘‘dining surfaces’’
future rulemaking to update the Board’s the final rule, the Board has simplified insufficient in covering bars where only
transportation vehicle guidelines. this provision by applying drinks are consumed. Questions were
Specifically, the Board requested specifications for accessible routes. An also raised about the term ‘‘work
information on technologies for exception preserves the permitted 21⁄2 surfaces’’ which some commenters
providing train announcements, inch gap for wheel flanges. thought might be misconstrued as
applying only to surfaces in employee positioned so that it provides a parallel 903.5) has been revised as applying to
work areas. Some commenters approach to an end of the bench seat the top of the bench seat surface.
considered the term too limiting and (903.2). Commenters indicated that this
904 Sales and Service Counters
questioned whether it would apply, as provision could be misinterpreted as
they felt it should, to surfaces used for allowing the space to be provided in This section covers the approach to
purposes not necessarily considered front of the bench at one end. Comments counters (904.2), check-out aisles
‘‘work,’’ such as counters that support suggested clarifying that the clear floor (904.3), sales and service counters
credit card readers or video games. or ground space is to be located parallel (904.4), food service lines (904.5), and
These comments urged the requirement to the short axis of the bench. security glazing (904.6).
to be modified to apply to all built-in Response. The Board has clarified that Comment. Specifications are provided
tables and counters used by the public the clear floor or ground space is to be for the counter surface height of check-
for any purpose. ‘‘parallel to the short axis of the bench.’’ out aisles, including the height of
Response. The Board has clarified the Comment. The proposed rule required counter edge protection, which is
application of this section by revising back support to be provided that limited to 2 inches above the counter
scoping provisions for accessible dining extends vertically from a point no more surface (904.3.2). Commenters requested
and work surfaces, as discussed above than 2 inches above the bench to a that clarification be added that the edge
in section 226. The term dining surface protection height limitation applies only
height of at least 18 inches above the
has been clarified as applying to those to the aisle of the check-out counter.
bench and that extends horizontally at
dining surfaces used ‘‘for the Response. The Board has added
least 42 inches (903.3). Commenters
consumption of food or drink’’ (226.1). clarification that the specified height for
recommended clarification on the
In addition, the Board has indicated in edge protection at check-out aisle
permitted horizontal distance of the
the ADA scoping provisions that the counters applies to the aisle side of the
back support from the rear edge of the
types of work surfaces covered do not counter (904.3.2).
seat. It was also recommended that the Comment. The counter surface of
include those surfaces used by criteria for back support, which were
employees since elements of work check-out aisle counters is required to
included in the specifications for bench be 38 inches high maximum. Comments
stations subject to the ADA are not size, be relocated into a separate
required to comply with these from persons with disabilities
provision specific to back support. considered 38 inches to be too high.
guidelines (226.1). A similar Response. In the final rule, the
clarification is not provided in ABA Response. The Board has clarified
specifications for back support have requirements for check-out aisles by
scoping provisions since work stations been clarified and relocated to a
covered by the ABA are fully subject to adding a provision specific to check-
separate provision (903.4). The Board writing surfaces (904.3.3). Under this
the guidelines. has added clarification that the back
Comment. Persons with disabilities requirement, the height of check-writing
support may be located up to 21⁄2 inches surfaces, where provided, is to comply
considered the 34 inch maximum height
from the rear edge of the seat, measured with the height of work surfaces
too high for surfaces used for any length
horizontally. This specification is addressed in section 902.3 (34 inches
of time. These commenters
similar to one provided for shower seats maximum), consistent with the Board’s
recommended that where only a portion
(610.3). In addition, clarification has intent in the proposed rule.
of counters are made accessible, the
been added that the dimensions for back Comment. Accessible sales or services
accessible height should be 31 inches
support are measured from the surface counters, or portions of them, must be
maximum. Some commenters also
of the seat. no higher than 36 inches where either
recommended a higher minimum height
of 29 inches instead of 28 inches to Comment. Commenters requested a parallel or forward approach is
allow a more comfortable knee clarification as to whether walls can be provided (904.4). Comments from
clearance. used to provide back support where the persons with disabilities considered this
Response. The Board has not revised seat is attached to walls. Most of these too high to be used as a writing surface.
the specified height for dining and work comments urged the Board to clearly Where only a portion of a counter is
surfaces or the minimum clearances for allow the use of walls in providing back made accessible, these commenters
knee and toe space required below since support. This would be consistent with advised that the maximum height
it believes further research is needed on an advisory note in the proposed rule should be 32 inches. Comments from
these long-standing specifications, which made reference to ‘‘dressing the retail industry advised that a higher
particularly in relation to people who rooms where benches are fixed to the surface height is needed to
use scooters and other powered mobility wall for back support’’ (Advisory 903.3). accommodate various types of counters,
aids. Research on powered mobility aids Response. It was the Board’s intent in such as glass display cases, which are
the Board is currently sponsoring the proposed rule to allow the use of typically manufactured at a height of 38
through the Rehabilitation Engineering walls for back support where benches inches.
Research Center on Universal Design are attached to walls. In the final rule, Response. The Board has retained the
will provide information on various the Board has added clarification to the specified height of 36 inches for sales
fundamental specifications the Board text of the requirement stating that and service counters, which is
may use in future updates of the benches shall provide back support or consistent with the original ADAAG, to
guidelines. shall be affixed to the wall (903.4). accommodate both persons who use
Comment. The proposed rule wheelchairs and those that do not. Even
903 Benches specified that the bench seat be 17 to 19 where only a portion of the counter is
Specifications for benches address inches above the floor or ground (903.4). accessible, in some cases that portion
clear floor or ground space (903.2), size Commenters noted that this may serve as the transaction area for all
(903.3), back support (903.4), height specification should be clarified as customers. In the final rule, the Board
(903.5), structural strength (903.6), and applying to the height as measured at has clarified that the accessible portion
slip resistance in wet locations (903.7). the top of the seat surface. of counters must extend the full depth
Comment. The proposed rule Response. In the final rule, the of the counter (904.4.1 and 904.4.2),
specified that the wheelchair space be specification for height (renumbered as consistent with the new ANSI A117.1
standard. Where a parallel approach is • Shooting facilities with firing including pool lifts, sloped entries,
provided, the accessible portion must be positions (1010). transfer walls, transfer systems, and
at least 36 inches long. The Board has stairs.
1002 Amusement Rides
added an exception that where a
Provisions for amusement rides 1010 Shooting Facilities With Firing
provided counter surface is less than 36
require either a wheelchair space on the Positions
inches long, the entire surface shall be
accessible to clarify that in such cases ride, a ride seat designed for transfer, or This section requires turning space at
the counter does not have to be a device designed for transfer to the firing positions required to be
lengthened (904.4.1, Exception). ride. This section also addresses access accessible.
Section 904.6 requires that where at loading and unloading areas and
Regulatory Process Matters
counter or teller windows have security provides criteria for wheelchair spaces,
glazing to separate personnel from the ride seats designed for transfer, and Executive Order 12866: Regulatory
public, at least one of each type must transfer devices. Planning and Review
provide a method to facilitate voice This final rule has been reviewed by
1003 Recreational Boating Facilities
communication. the Office of Management and Budget
Comment. The proposed rule This section provides requirements
pursuant to Executive Order 12866. The
referenced examples of acceptable for gangways, boating piers at boat
Board has prepared a regulatory
methods (grilles, slats, talk-through launch ramps, and boat slips.
assessment for the final rule. The
baffles, intercoms, and telephone Requirements for accessible routes and
assessment has been placed in the
handset devices) and required access ramps are applied to gangways, but
docket and is available for public
both for persons who use wheelchairs exceptions to criteria for maximum rise
inspection. The assessment is also
and for persons who may have difficulty and slope, handrail extensions, and
available on the Board’s web site at
bending or stooping. Commenters level landings are provided.
www.access-board.gov. The assessment
indicated that access for persons who 1004 Exercise Machines is summarized below.
have difficulty bending or stooping is
unclear absent specific technical This section requires clear floor space Benefits
criteria. Such criteria should be for transfer to, or use of, exercise
Since the enactment of the Americans
provided or the requirement removed machines.
with Disabilities Act (ADA),
according to these comments. In 1005 Fishing Piers and Platforms accessibility requirements have been
addition, it was recommended that the increasingly incorporated in the model
requirement for volume control for Specifications for fishing piers and
platforms address accessible routes, codes. The Board worked
‘‘hand-operable communication collaboratively with the International
devices’’ be revised for clarity as railings, edge protection, clear floor
space, and turning space. Code Council (ICC) and the ANSI A117
applying to telephone handset devices. Committee to harmonize the final rule
Response. The requirement that 1006 Golf Facilities with the International Building Code,
methods to facilitate voice which was initially published in 2000
communication be accessible both to Provisions of this section recognize
that access to golf courses is typically and was revised in 2003, and the ICC/
persons who use wheelchairs and to ANSI A117.1 Standard on Accessible
persons who may have difficulty achieved through the use of golf cars.
Golf car passages are permitted in lieu and Usable Buildings and Facilities,
bending or stooping has been removed which is referenced in the International
in the final rule (904.6). The Board has of accessible routes throughout golf
courses. Technical criteria are provided Building Code. The International
also clarified that the requirement for Building Code has been adopted
volume controls applies to telephone for golf car passages, accessible routes,
teeing grounds, putting greens, and statewide by 28 States, and by local
handset devices, where provided. In governments in another 15 States.
addition, the Board has relocated weather shelters.
Harmonizing the accessibility
information concerning acceptable types 1007 Miniature Golf Facilities guidelines for the ADA and the
of communication methods to the Architectural Barriers Act (ABA) with
corresponding advisory note which is a This section covers miniature golf
courses and contains specifications for the International Building Code and the
more appropriate location for this kind ICC/ANSI A117.1 standard promotes
of information. accessible routes that take into account
design conventions for miniature golf increased compliance, efficiency, and
Chapter 10: Recreation Facilities courses, such as carpeted play surfaces economic growth. It is difficult and time
and curbs. All level areas of an consuming for business owners,
Chapter 10 contains technical
accessible hole where a ball may come builders, developers, and architects to
provisions for various types of
to rest are to be within golf club reach deal with different accessibility
recreation facilities. These requirements
of the accessible route. requirements at the Federal, State, and
were developed separately from this
local government levels. Differing
rulemaking and have been incorporated 1008 Play Areas requirements can contribute to mistakes
into the final rule without substantive
The play area specifications address resulting in litigation and costly
change. Sections of this chapter address:
• Amusement rides (1002). accessible routes, ground level and retrofitting of facilities after they are
• Recreational boating facilities elevated play components, play constructed. The ADA authorizes the
(1003). structures, and ground surfaces. Department of Justice (DOJ) to certify
• Exercise machines (1004). State or local codes that meet or exceed
1009 Swimming Pools, Wading Pools, Federal accessibility requirements. State
• Fishing piers and platforms (1005). and Spas
• Golf facilities (1006). and local governments that adopt the
• Miniature golf facilities (1007). This section addresses access to International Building Code will find it
• Play areas (1008). swimming pools, wading pools, and easier to have their codes certified, and
• Swimming pools, wading pools, spas. Specifications are provided for more State and local governments are
and spas (1009). various means of providing pool access, expected to submit their codes to DOJ
for certification. In jurisdictions where accessibility requirements in litigation where multiple single user toilet rooms
codes have been certified by DOJ, to enforce the ADA. are clustered at the same location.
business owners, builders, developers, The Board also revised some
and architects can rely on their State or requirements in the existing guidelines Regulatory Alternatives That Eliminate
local government building plan for the ADA and the ABA to reduce the Impacts Estimated for the Proposed Rule
approval and inspection processes as a impacts on facilities, including lowering
The regulatory assessment for the
‘‘check-point’’ for ensuring that their the number of wheelchair spaces and
assistive listening devices required in proposed rule estimated that the rule
facilities comply with Federal
large sports facilities; exempting small would have an annual impact of $87.5
accessibility requirements. Potential
mistakes can be corrected early in the raised press boxes in sports facilities million on newly constructed office
construction process when adjustments from the accessible route requirements; buildings, hotels, and sports stadiums
can be made easily and inexpensively exempting parking lots with a few and arenas. The Board adopted
compared to costly retrofitting after a parking spaces from signage alternatives in the final rule that
facility is constructed. Compliance with requirements for accessible parking eliminate these impacts as shown in
a certified code is also rebuttable spaces; and reducing the number of Table 1.
evidence of compliance with Federal toilet rooms required to be accessible
TABLE 1.—ALTERNATIVES THAT ELIMINATE IMPACTS ESTIMATED FOR THE PROPOSED RULE
Proposed rule Final rule
Visible alarms required in all employee work areas, including individual Visible alarms required in public and common use areas, which is con-
offices. Estimated cost: $16 million annually. sistent with existing guidelines. Where employee work areas have
audible alarm coverage, wiring system required to be designed so
that visible alarms can be added to the system as needed.
Communication features required in 50 percent of hotel guest rooms. Existing guidelines retained, which require substantially less than 50
Estimated cost: $31 million annually. percent of hotel guest rooms to provide communication features.
Elevators and platform lifts required to be provided in sufficient number, Existing guidelines retained, which require at least one accessible
capacity, and speed so that persons using wheelchair spaces and route to connect each story and mezzanine in multi-story facilities.
designated aisle seats have equivalent level of service as persons in
the same seating area who can use stairs. Estimated cost: $1.5 mil-
lion annually.
Wheelchair spaces and designated aisle seats required to be dispersed Wheelchair spaces required to be dispersed vertically at varying dis-
vertically on each accessible level. Estimated cost: $33.5 million an- tances from the screen, performance area, or playing field, which is
nually. consistent with existing guidelines.
Companion seats required to be readily removable and to provide addi- Companion seats permitted to be removable, but not required to pro-
tional wheelchair spaces. Estimated cost: $4 million annually. vide additional wheelchair spaces.
One percent of seats required to be designated aisle seats; 25 percent Five percent of aisle seats required to be designated aisle seats and to
of designated aisle seats required to be on an accessible route; and be aisle seats closest to accessible routes.
rest of designated aisle seats required to be not more than two rows
from an accessible route. Estimated cost: $1.5 million annually.
Baseline International Building Code in the new construction and alteration of

jurisdictions that have adopted the facilities, including adding scoping
The assessment compares the final model code. Comparing the final rule to requirements and exceptions for
rule to ADAAG and the International the International Building Code is the common use circulation paths in
Building Code in order to evaluate the lower bound of the range of potential employee work areas; revising scoping
potential impacts of the rule. In the impacts, and assumes that facilities requirements for public entrances;
absence of the final rule, newly covered by the ADA or the ABA are also referencing the International Building
constructed and altered facilities required to comply with equivalent Code for accessible means of egress;
covered by the ADA would have to requirements in the International adding scoping requirements for
comply with ADAAG as initially issued Building Code. The actual impacts will dwelling units with mobility features in
in 1991, which has been adopted as be between the lower and upper bound Federal, State, and local government
enforceable standards by DOJ. Many of the range. housing; lowering the high side reach;
newly constructed and altered facilities and adding technical requirements for
covered by the ABA are also required to Potential Impacts of Final Rule
automated teller machines and fare
comply with ADAAG when it provides The final rule reorganizes and machines.
a greater level of accessibility compared renumbers ADAAG, and rewrites the The codes expert also identified 14
to the Uniform Federal Accessibility text to be clearer and easier to revisions that are expected to have
Standards (UFAS). Comparing the final understand. Most of the scoping and monetary impacts on the new
rule to ADAAG is the upper bound of technical requirements in ADAAG have construction and alteration of facilities.
the range of potential impacts. The not been changed. An independent An independent cost estimator prepared
International Building Code has been codes expert compared the final rule cost estimates for these revisions using
adopted statewide by 28 States and by and ADAAG to identify revisions that standard industry procedures. The
local governments in another 15 States. add new features or space to a facility, revisions that are expected to have
In the absence of the final rule, newly or present design challenges. The codes monetary impacts on the new
constructed and altered facilities are expert identified 27 revisions that are construction and alteration of facilities
required to comply with the expected to have minimal impacts on are summarized in Table 2.
TABLE 2.—REVISIONS WITH MONETARY IMPACTS ON NEW CONSTRUCTION AND ALTERATIONS

Final rule ADAAG International building code Unit cost
Where circulation path directly con- Accessible route required to con- IBC 2000 & 2003 have equivalent Will vary from $0 to $15,674 de-
nects assembly seating area and nect assembly seating area requirements to final rule. pending on specific design of
performing area, accessible route and performing area. facility.
required to directly connect both
areas.
Where platform lift serves as part of No requirement ............................ IBC 2003 has equivalent require- Will vary from $0 to $2,353 de-
accessible means of egress, ment to final rule. pending on specific design of
standby power required. facility.
One in every 6 accessible parking One in every 8 accessible parking IBC 2003 has equivalent require- $75 to $344.
spaces required to be van acces- spaces required to be van ac- ment to final rule.
sible. cessible.
Toilet rooms with 6 or more toilet Toilet rooms with 6 or more toilet IBC 2000 & 2003 have equivalent $145.
compartments, or combination of compartments required to pro- requirements to final rule.
6 or more water closets and uri- vide ambulatory accessible toi-
nals, required to provide ambula- let compartment with grab bars.
tory accessible toilet compart-
ment with grab bars.
Private facilities required to provide Private facilities with 4 or more IBC 2000 (Appendix E) has $2,320.
public TTY in building with 4 or public telephones required to equivalent requirement to final
more public telephones and on provide public TTY.. rule for private facilities.
floor with 4 or more public tele- Government facilities with public IBC 2003 (Appendix E) has
phones. telephone in public use area of equivalent requirement to final
Government facilities required to building required to provide rule for private and government
provide public TTY in building public TTY. facilities
with public telephone and on floor Rail stations with 4 or more public
with public telephone telephones at entrance required
Private and government facilities to provide public TTY.
required to provide public TTY on
site with 4 or more public tele-
phones, and in bank of 4 or more
public telephones. Banks of pub-
lic telephones located within 200
feet of, and on same floor as, an-
other bank of telephones with
public TTY exempt.
Bus or rail station with public tele-
phone at entrance required to
provide public TTY.
Public rest stops with public tele-
phone required to provide public
TTY
At least one operable window in ac- No requirement ............................ IBC 2000 & 2003 have equivalent $505.
cessible rooms required to com- requirements to final rule for
ply with technical requirements certain occupancies.
for operable parts. Hotel guest
rooms that are not required to
provide mobility features and
dwelling units are exempt.
Two-way communication systems No requirement ............................ No equivalent requirement to final $1,392.
at entrances required to provide rule.
audible and visual signals.
Automatic doors serving accessible No requirement ............................ No equivalent requirement to final $2,353.
means of egress required to pro- rule.
vide maneuvering clearance or to
have standby power.
Doors on platform lifts required to Doors required to provide maneu- IBC 2000 & 2003 have equivalent Will vary from $0 to $569 de-
be power operated. Platform lifts vering clearance or to be power requirements to final rule. pending on specific design of
serving only 2 landings and with operated. facility.
self-closing doors on opposite
sides exempt.
Minimum clearance at water closet Minimum clearance at water clos- IBC 2000 & 2003 have equivalent $286 for dwelling units
in accessible single user toilet et in accessible single user toi- requirements to final rule, ex- $667 for other facilities.
rooms: 60 × 56 inches. let rooms based on approach: cept for dwelling units.
Forward: 48 × 60 inches; Par-
allel: 48 × 56 inches; Both for-
ward and parallel: 60 × 56
inches.
TABLE 2.—REVISIONS WITH MONETARY IMPACTS ON NEW CONSTRUCTION AND ALTERATIONS—Continued

Final rule ADAAG International building code Unit cost
Shower spray unit with on-off con- Shower spray unit required in No equivalent requirement to final $161.
trol required in bathtubs and bathtubs and shower compart- rule.
shower compartments in acces- ments in accessible toilet
sible toilet rooms and bathing rooms and bathing rooms.
rooms.
Minimum clearance between op- Minimum clearance between op- No equivalent requirement to final $993.
posing base cabinets, posing base cabinets, rule.
countertops, appliances, or walls countertops, appliances, or
in accessible galley kitchens walls in accessible galley kitch-
where two entries not provided: ens: 40 inches.
60 inches. Kitchens without
cooktop or conventional range
exempt.
Comparable vanity countertop No requirement ............................ No equivalent requirement to final $752.
space required in hotel guest rule.
rooms with mobility features.
Two percent of dwelling units in No requirement ............................ No equivalent requirement to final $96 for visual signal if door bell
Federal, State, and local govern- rule. and peephole provided.
ment housing required to provide $322 for doorbell with visual sig-
communication features. nal and peephole.
$353 for TTY connection if voice
communication system pro-
vided at entrance.
National Costs affected by many of the revisions in estimates the national costs of the
Office buildings, hotels, hospitals and Table 2, and are likely to experience revisions on these facilities based on
nursing homes, and Federal, State, and relatively higher monetary impacts than annual construction data. The national
local government housing will be other facilities. The assessment costs are summarized in Table 3.
TABLE 3.—NATIONAL COSTS FOR FACILITIES LIKELY TO EXPERIENCE RELATIVELY HIGHER MONETARY IMPACTS
National costs compared to
International
Facility ADAAG building code
upper bound lower bound
(millions) (millions)
Office Buildings ................................................................................................................................................ $1.5 $0.7

Hotels ............................................................................................................................................................... $6.2 $4.1
Hospitals & Nursing Homes ............................................................................................................................ $13.6 $2.4–$2.9
Government Housing ....................................................................................................................................... $5.4 $5.4
Total .......................................................................................................................................................... $26.7 $12.6–$13.1
The assessment also estimates the facilities as a percentage of total

additional costs imposed on individual construction costs as shown in Table 4.
TABLE 4.—ADDITIONAL COSTS FOR INDIVIDUAL FACILITIES

Additional costs as percentage of
total construction costs compared to
Facility international
ADAAG upper building code
bound (percent) lower bound
(percent)
Office Buildings ................................................................................................................................................ 0.02 to 0.10 0.01 to 0.08

Hotels ............................................................................................................................................................... 0.06 to 0.50 0.04 to 0.30
Hospitals & Nursing Homes ............................................................................................................................ 0.02 0.00
Government Housing ....................................................................................................................................... 0.01 0.01
The final rule will potentially impact building construction projects were billion of Federal, State and local
the new construction and alteration of started in 2002; and government reports government housing construction work
other types of facilities. Industry reports estimate $264 billion of non-residential was installed in 2002. In order to be
estimate $152 billion of non-residential building construction work and $6 considered an economically significant
regulatory action (i.e., annual impact on A117.1 standard is a voluntary this final rule is published. Business
the economy of $100 million or more), consensus standard, and there was no groups are concerned that, when the
the final rule would need to have factual information presented in the accessibility standards for the ADA are
impacts ranging from 0.04 percent to regulatory assessment for the proposed revised, existing facilities that were
0.07 percent of industry and rule showing the ICC/ANSI A117.1 constructed or altered in compliance
government construction estimates. The standard had actually been adopted by with earlier accessibility standards will
final rule will have impacts within or State and local governments. Since the have to undergo ‘‘barrier removal’’ and
above this range on office buildings and proposed rule was published in meet any new or different scoping and
hotels, and it is likely that the impacts November 1999, the new International technical requirements in the revised
on some other facilities will be within Building Code has been published. The accessibility standards. Business groups
or above this range. Although the 2000 and 2003 editions of the recommend that existing facilities
impacts are not significant for an International Building Code reference constructed or altered in compliance
individual facility, when added together the 1998 edition of the ICC/ANSI with earlier accessibility standards be
across the economy the impacts can be A117.1 standard for technical ‘‘grandfathered’’ for purposes of ‘‘barrier
economically significant. Because an requirements. The International removal.’’ The Board acknowledges that
extremely low threshold of impacts on Building Code has been adopted ‘‘barrier removal’’ obligations need to be
individual facilities can render the final statewide by 28 States, and by local clarified when the accessibility
rule economically significant, and governments in another 15 States. standards are revised. However, the
because the benefits of the final rule are For the final rule, the regulatory Board has no authority to issue
unquantifiable but substantial, the assessment evaluates the impacts of the regulations regarding ‘‘barrier removal’’
Board has classified the final rule as an rule by separately comparing the obligations. DOJ is the agency
economically significant regulatory revisions to ADAAG and the responsible for issuing regulations
action. International Building Code. The regarding ‘‘barrier removal’’ obligations,
The final rule will also affect leased assessment estimates the additional and is required to analyze the impacts
postal facilities. When the United States costs of the revisions as a percentage of of any new or different scoping and
Postal Service enters into a new lease the total construction costs for office technical requirements on ‘‘barrier
for a postal facility, including buildings, hotels, hospitals and nursing removal’’ obligations when the
previously occupied space, it will have homes, and Federal, State, and local accessibility standards are revised.
to comply with the accessibility government housing. These facilities are On the basis of the regulatory
requirements in the final rule for likely to experience relatively higher assessment for the final rule, the Board
facilities leased by Federal agencies, monetary impacts than other facilities. certifies that the final rule has no
including providing accessible customer The final rule adds 0.01 to 0.5 percent significant economic impact on a
service counters and van accessible to the total construction costs of the substantial number of small entities for
parking spaces. The United States Postal facilities compared to ADAAG; and 0.00 purposes of the Regulatory Flexibility
Service leases 27,000 postal facilities, to 0.3 percent to the total construction Act.
and estimates that it will cost $9,234 per costs of the facilities compared to the
Executive Order 13132: Federalism
facility to comply with the final rule. International Building Code. These
The United States Postal Service enters monetary impacts are not significant for The final rule adheres to the
into an average of 1,661 new leases per individual facilities. fundamental federalism principles and
year for postal facilities, and estimates The Small Business Administration policy making criteria in Executive
it will cost $15.3 million annually for and business groups request the Board Order 13132. The final rule is issued
leased postal facilities to comply with to analyze the impacts of the final rule pursuant to the ADA and the ABA to
the final rule. on alterations to existing facilities. The ensure that facilities covered by those
impacts will be facility specific and will laws are readily accessible to and usable
Regulatory Flexibility Act depend on the elements and spaces that by people with disabilities. Ensuring the
For the proposed rule, the Board are altered in an existing facility. The civil rights of groups that have been
certified that the rule had no significant regulatory assessment examines the subject to discrimination has long been
economic impact on a substantial impacts of the revisions that have recognized as a national issue and a
number of small entities for purposes of monetary impacts on alterations to proper function of the Federal
the Regulatory Flexibility Act. The existing facilities by answering a series government. The ADA was enacted ‘‘to
Board based the determination on the of questions about whether the element provide a clear and comprehensive
regulatory assessment prepared for the or space is typically altered; whether the national mandate for the elimination of
proposed rule under Executive Order element or space is part of the ‘‘path of discrimination against individuals with
12866 which showed that, except for travel’’ serving a primary function area; disabilities’’ and ‘‘to ensure that the
large sports facilities, the rule added and whether the general exception for Federal government plays a central role
less than 0.5 percent to the total technical infeasibility may apply to in enforcing the standards established in
construction costs of the affected alterations of the element or space. The this chapter on behalf of individuals
facilities compared to ADAAG; the 1998 regulatory assessment also includes with disabilities.’’ 42 U.S.C. 12101 (b)
edition of the ICC/ANSI A117.1 alteration projects in the national cost (1) and (3). The ADA recognizes the
Standard on Accessible and Usable estimates of the revisions. authority of State and local governments
Buildings and Facilities; and the new Finally, the Small Business to enact and enforce laws that ‘‘provide
International Building Code, which was Administration and business groups greater or equal protection for the rights
under development and was expected to request the Board to analyze the impacts of individuals with disabilities than are
be widely adopted by State and local of the final rule on the obligation of afforded by this chapter.’’ 42 U.S.C.
governments. businesses under the ADA to remove 12201 (b). The ABA applies to federally
The Small Business Administration architectural and communication financed facilities. The final rule has
and business groups objected to the barriers in existing facilities, where it is been harmonized with model codes and
certification of no significant economic readily achievable. DOJ will revise the standards that are adopted by State and
impact. They noted that the ICC/ANSI accessibility standards for the ADA after local governments to regulate building
construction. The Board consulted with 36 CFR Part 1191 Appendix A to Part 1191—Table of Contents
State and local governments throughout Appendix B to Part 1191—Americans With
the rulemaking process. State and local Buildings and facilities, Civil rights,
Disabilities Act: Scoping
governments were on the advisory Incorporation by reference, Individuals
with disabilities, Transportation. Appendix C to Part 1191—Architectural
committee which recommended Barriers Act: Scoping
revisions to the guidelines, participated Emil H. Frankel,
in public hearings, and submitted Appendix D to Part 1191—Technical
Chair, Architectural and Transportation
comments on the proposed rule. Barriers Compliance Board. Appendix E to Part 1191—List of Figures
and Index
Unfunded Mandates Reform Act
■ For the reasons stated in the preamble, Authority: 29 U.S.C. 792(b)(3); 42 U.S.C.
The Unfunded Mandates Reform Act under the authority of 29 U.S.C. 792(b)(3) 12204.
does not apply to rules that enforce the and 42 U.S.C. 12204, the Architectural
constitutional rights of individuals or and Transportation Barriers Compliance § 1191.1 Accessibility guidelines.
enforce statutory rights that prohibit Board amends chapter XI of Title 36 of (a) The accessibility guidelines for
discrimination on the basis of race, the Code of Federal Regulations as buildings and facilities covered by the
color, sex, national origin, age, follows: Americans with Disabilities Act are set
handicap, or disability. Since the final forth in Appendices B and D to this
rule is issued under the authority of the PART 1190—[REMOVED] part. The guidelines serve as the basis
ADA and the ABA, an assessment of the for accessibility standards adopted by
■ 1. Part 1190 is removed. the Department of Justice and the
rules impacts on State, local, and tribal
governments, and the private sector is ■ 2. Part 1191 is revised to read as Department of Transportation under the
not required by the Unfunded Mandates Americans with Disabilities Act.
follows:
Reform Act. (b) The accessibility guidelines for
PART 1191—AMERICANS WITH buildings and facilities covered by the
List of Subjects DISABILITIES ACT (ADA) Architectural Barriers Act are set forth
ACCESSIBILITY GUIDELINES FOR in Appendices C and D to this part. The
36 CFR Part 1190
BUILDINGS AND FACILITIES; guidelines serve as the basis for
Buildings and facilities, Individuals ARCHITECTURAL BARRIERS ACT accessibility standards adopted by the
with disabilities. (ABA) ACCESSIBILITY GUIDELINES General Services Administration, the
Department of Defense, the Department
Sec. of Housing and Urban Development,
1191.1 Accessibility guidelines. and the United States Postal Service
under the Architectural Barriers Act.
BILLING CODE 8150–01–P
Appendix A to Part 1191—Table of

Contents
BILLING CODE 8150–01–P
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Appendix B to Part 1191—Americans

with Disabilities Act: Scoping
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ER23JY04.008</GPH>
ER23JY04.009</GPH>
ER23JY04.010</GPH>
ER23JY04.011</GPH>
ER23JY04.012</GPH>
ER23JY04.013</GPH>
ER23JY04.014</GPH>
ER23JY04.015</GPH>
ER23JY04.016</GPH>
ER23JY04.017</GPH>
ER23JY04.018</GPH>
ER23JY04.019</GPH>
ER23JY04.020</GPH>
ER23JY04.021</GPH>
ER23JY04.022</GPH>
ER23JY04.023</GPH>
ER23JY04.024</GPH>
ER23JY04.025</GPH>
ER23JY04.026</GPH>
ER23JY04.027</GPH>
ER23JY04.028</GPH>
ER23JY04.029</GPH>
ER23JY04.030</GPH>
ER23JY04.031</GPH>
ER23JY04.032</GPH>
ER23JY04.033</GPH>
ER23JY04.034</GPH>
ER23JY04.035</GPH>
ER23JY04.036</GPH>
ER23JY04.037</GPH>
ER23JY04.038</GPH>
ER23JY04.039</GPH>
ER23JY04.040</GPH>
ER23JY04.041</GPH>
ER23JY04.042</GPH>
ER23JY04.043</GPH>
ER23JY04.044</GPH>
ER23JY04.045</GPH>
ER23JY04.046</GPH>
ER23JY04.047</GPH>
ER23JY04.048</GPH>
ER23JY04.049</GPH>
ER23JY04.050</GPH>
ER23JY04.051</GPH>
ER23JY04.052</GPH>
ER23JY04.053</GPH>
ER23JY04.054</GPH>
ER23JY04.055</GPH>
ER23JY04.056</GPH>
ER23JY04.057</GPH>
ER23JY04.058</GPH>
ER23JY04.059</GPH>
ER23JY04.060</GPH>
ER23JY04.061</GPH>
ER23JY04.062</GPH>
ER23JY04.063</GPH>
ER23JY04.064</GPH>
ER23JY04.065</GPH>
ER23JY04.066</GPH>
ER23JY04.067</GPH>
ER23JY04.068</GPH>
ER23JY04.069</GPH>
ER23JY04.070</GPH>
Appendix C to Part 1191—

Architectural Barriers Act: Scoping
ER23JY04.071</GPH>
ER23JY04.072</GPH>
ER23JY04.073</GPH>
ER23JY04.074</GPH>
ER23JY04.075</GPH>
ER23JY04.076</GPH>
ER23JY04.077</GPH>
ER23JY04.078</GPH>
ER23JY04.079</GPH>
ER23JY04.080</GPH>
ER23JY04.081</GPH>
ER23JY04.082</GPH>
ER23JY04.083</GPH>
ER23JY04.084</GPH>
ER23JY04.085</GPH>
ER23JY04.086</GPH>
ER23JY04.087</GPH>
ER23JY04.088</GPH>
ER23JY04.089</GPH>
ER23JY04.090</GPH>
ER23JY04.091</GPH>
ER23JY04.092</GPH>
ER23JY04.093</GPH>
ER23JY04.094</GPH>
ER23JY04.095</GPH>
ER23JY04.096</GPH>
ER23JY04.097</GPH>
ER23JY04.098</GPH>
ER23JY04.099</GPH>
ER23JY04.100</GPH>
ER23JY04.101</GPH>
ER23JY04.102</GPH>
ER23JY04.103</GPH>
ER23JY04.104</GPH>
ER23JY04.105</GPH>
ER23JY04.106</GPH>
ER23JY04.107</GPH>
ER23JY04.108</GPH>
ER23JY04.109</GPH>
ER23JY04.110</GPH>
ER23JY04.111</GPH>
ER23JY04.112</GPH>
ER23JY04.113</GPH>
ER23JY04.114</GPH>
ER23JY04.115</GPH>
ER23JY04.116</GPH>
ER23JY04.117</GPH>
ER23JY04.118</GPH>
ER23JY04.119</GPH>
ER23JY04.120</GPH>
ER23JY04.121</GPH>
ER23JY04.122</GPH>
ER23JY04.123</GPH>
ER23JY04.124</GPH>
ER23JY04.125</GPH>
ER23JY04.126</GPH>
ER23JY04.127</GPH>
ER23JY04.128</GPH>
ER23JY04.129</GPH>
ER23JY04.130</GPH>
ER23JY04.131</GPH>
ER23JY04.132</GPH>
ER23JY04.133</GPH>
ER23JY04.134</GPH>
ER23JY04.135</GPH>
ER23JY04.136</GPH>
ER23JY04.137</GPH>
ER23JY04.138</GPH>
ER23JY04.139</GPH>
Appendix D to Part 1191—Technical
ER23JY04.140</GPH>
ER23JY04.141</GPH>
ER23JY04.142</GPH>
ER23JY04.143</GPH>
ER23JY04.144</GPH>
ER23JY04.145</GPH>
ER23JY04.146</GPH>
ER23JY04.147</GPH>
ER23JY04.148</GPH>
ER23JY04.149</GPH>
ER23JY04.150</GPH>
ER23JY04.151</GPH>
ER23JY04.152</GPH>
ER23JY04.153</GPH>
ER23JY04.154</GPH>
ER23JY04.155</GPH>
ER23JY04.156</GPH>
ER23JY04.157</GPH>
ER23JY04.158</GPH>
ER23JY04.159</GPH>
ER23JY04.160</GPH>
ER23JY04.161</GPH>
ER23JY04.162</GPH>
ER23JY04.163</GPH>
ER23JY04.164</GPH>
ER23JY04.165</GPH>
ER23JY04.166</GPH>
ER23JY04.167</GPH>
ER23JY04.168</GPH>
ER23JY04.169</GPH>
ER23JY04.170</GPH>
ER23JY04.171</GPH>
ER23JY04.172</GPH>
ER23JY04.173</GPH>
ER23JY04.174</GPH>
ER23JY04.175</GPH>
ER23JY04.176</GPH>
ER23JY04.177</GPH>
ER23JY04.178</GPH>
ER23JY04.179</GPH>
ER23JY04.180</GPH>
ER23JY04.181</GPH>
ER23JY04.182</GPH>
ER23JY04.183</GPH>
ER23JY04.184</GPH>
ER23JY04.185</GPH>
ER23JY04.186</GPH>
ER23JY04.187</GPH>
ER23JY04.188</GPH>
ER23JY04.189</GPH>
ER23JY04.190</GPH>
ER23JY04.191</GPH>
ER23JY04.192</GPH>
ER23JY04.193</GPH>
ER23JY04.194</GPH>
ER23JY04.195</GPH>
ER23JY04.196</GPH>
ER23JY04.197</GPH>
ER23JY04.198</GPH>
ER23JY04.199</GPH>
ER23JY04.200</GPH>
ER23JY04.201</GPH>
ER23JY04.202</GPH>
ER23JY04.203</GPH>
ER23JY04.204</GPH>
ER23JY04.205</GPH>
ER23JY04.206</GPH>
ER23JY04.207</GPH>
ER23JY04.208</GPH>
ER23JY04.209</GPH>
ER23JY04.210</GPH>
ER23JY04.211</GPH>
ER23JY04.212</GPH>
ER23JY04.213</GPH>
ER23JY04.214</GPH>
ER23JY04.215</GPH>
ER23JY04.216</GPH>
ER23JY04.217</GPH>
ER23JY04.218</GPH>
ER23JY04.219</GPH>
ER23JY04.220</GPH>
ER23JY04.221</GPH>
ER23JY04.222</GPH>
ER23JY04.223</GPH>
ER23JY04.224</GPH>
ER23JY04.225</GPH>
ER23JY04.226</GPH>
ER23JY04.227</GPH>
ER23JY04.228</GPH>
ER23JY04.229</GPH>
ER23JY04.230</GPH>
ER23JY04.231</GPH>
ER23JY04.232</GPH>
ER23JY04.233</GPH>
ER23JY04.234</GPH>
ER23JY04.235</GPH>
ER23JY04.236</GPH>
ER23JY04.237</GPH>
ER23JY04.238</GPH>
ER23JY04.239</GPH>
ER23JY04.240</GPH>
ER23JY04.241</GPH>
ER23JY04.242</GPH>
ER23JY04.243</GPH>
ER23JY04.244</GPH>
ER23JY04.245</GPH>
ER23JY04.246</GPH>
ER23JY04.247</GPH>
ER23JY04.248</GPH>
ER23JY04.249</GPH>
ER23JY04.250</GPH>
ER23JY04.251</GPH>
ER23JY04.252</GPH>
ER23JY04.253</GPH>
ER23JY04.254</GPH>
ER23JY04.255</GPH>
ER23JY04.256</GPH>
ER23JY04.257</GPH>
ER23JY04.258</GPH>
ER23JY04.259</GPH>
ER23JY04.260</GPH>
ER23JY04.261</GPH>
ER23JY04.262</GPH>
ER23JY04.263</GPH>
ER23JY04.264</GPH>
ER23JY04.265</GPH>
ER23JY04.266</GPH>
ER23JY04.267</GPH>
ER23JY04.268</GPH>
ER23JY04.269</GPH>
ER23JY04.270</GPH>
ER23JY04.271</GPH>
ER23JY04.272</GPH>
ER23JY04.273</GPH>
ER23JY04.274</GPH>
ER23JY04.275</GPH>
ER23JY04.276</GPH>
ER23JY04.277</GPH>
ER23JY04.278</GPH>
ER23JY04.279</GPH>
ER23JY04.280</GPH>
ER23JY04.281</GPH>
ER23JY04.282</GPH>
ER23JY04.283</GPH>
ER23JY04.284</GPH>
ER23JY04.285</GPH>
ER23JY04.286</GPH>
ER23JY04.287</GPH>
ER23JY04.288</GPH>
Appendix E to Part 1191—List of

Figures and Index
ER23JY04.289</GPH>
ER23JY04.290</GPH>
ER23JY04.291</GPH>
ER23JY04.292</GPH>
ER23JY04.293</GPH>
ER23JY04.294</GPH>
ER23JY04.295</GPH>
ER23JY04.296</GPH>
ER23JY04.297</GPH>
ER23JY04.298</GPH>
ER23JY04.299</GPH>
ER23JY04.300</GPH>
ER23JY04.301</GPH>
ER23JY04.302</GPH>
[FR Doc. 04–16025 Filed 7–22–04; 8:45 am]

BILLING CODE 8150–01–C
ER23JY04.303</GPH>

ADA Accessibility Final Rule Book

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Friday,

July 23, 2004

Baseline International Building Code in the new construction and alteration of

TABLE 2.—REVISIONS WITH MONETARY IMPACTS ON NEW CONSTRUCTION AND ALTERATIONS

TABLE 2.—REVISIONS WITH MONETARY IMPACTS ON NEW CONSTRUCTION AND ALTERATIONS—Continued

Office Buildings ................................................................................................................................................ $1.5 $0.7

The assessment also estimates the facilities as a percentage of total

TABLE 4.—ADDITIONAL COSTS FOR INDIVIDUAL FACILITIES

Office Buildings ................................................................................................................................................ 0.02 to 0.10 0.01 to 0.08

Appendix A to Part 1191—Table of

Appendix B to Part 1191—Americans

Appendix C to Part 1191—

Appendix D to Part 1191—Technical

Appendix E to Part 1191—List of

[FR Doc. 04–16025 Filed 7–22–04; 8:45 am]

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