[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Proposed Rules]
[Pages 62248-62538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29250]
[[Page 62247]]
_______________________________________________________________________
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; Proposed Rule
Federal Register / Vol. 64, No. 220 / Tuesday, November 16, 1999 /
Proposed Rules
[[Page 62248]]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Parts 1190 and 1191
[Docket No. 99-1]
RIN 3014-AA20
Americans with Disabilities Act (ADA) Accessibility Guidelines
for Buildings and Facilities; Architectural Barriers Act (ABA)
Accessibility Guidelines
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) is proposing to revise and update its accessibility
guidelines for buildings and facilities covered by the Americans with
Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of
1968 (ABA). These guidelines cover new construction and alterations and
serve as the basis for enforceable standards issued by other Federal
agencies. As a result of this revision and update, the guidelines for
the ADA and ABA are consolidated in one Code of Federal Regulations
part. The guidelines for the ABA also cover buildings and facilities
leased by Federal agencies. The Department of Justice and the
Department of Transportation are responsible for issuing standards
based on the Access Board's guidelines under the ADA. ABA standards are
issued by the Department of Defense, General Services Administration,
the Department of Housing and Urban Development, and the U.S. Postal
Service.
DATES: Comments should be received by March 15, 2000. The Access Board
will hold two public hearings on the proposed guidelines. The dates,
times, and locations of the public hearings will be published in a
subsequent document in the Federal Register.
ADDRESSES: Comments should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Fax number (202) 272-5447. E-mail comments should be sent to
docket@access-board.gov. Comments sent by e-mail will be considered
only if they include the full name and address of the sender in the
text. Comments will be available for inspection at the above address
from 9:00 a.m. to 5:00 p.m. on regular business days.
FOR FURTHER INFORMATION CONTACT: Marsha Mazz (on the ADA Accessibility
Guidelines) and Jim Pecht (on the ABA Accessibility Guidelines) Office
of Technical and Information Services, Architectural and Transportation
Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington,
DC 20004-1111. Telephone numbers (202) 272-5434 extension 121 or
extension 128 (voice); (202) 272-5449 (TTY). E-mail address: [email protected]
board.gov. These are not toll free numbers.
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
This document is available on the Board's Internet site in HTML and
PDF formats (http://www.access-board.gov/ada-aba/guidenprm.htm).
Persons who want a copy in an alternate format (cassette tape, Braille,
large print, or Ascii disk) may order one copy at no cost by calling
the Architectural and Transportation Barriers Compliance Board's
(Access Board) automated publications order line (202) 272-5434, by
pressing 2 on the telephone keypad, then 1, and requesting publication
S-36 (ADA and ABA Accessibility Guidelines Notice of Proposed
Rulemaking). Persons using a TTY should call (202) 272-5449. Please
record a name, address, telephone number and request publication S-36
and specify the type of format.
Statutory Background
The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101
et seq.) recognizes and protects the civil rights of people with
disabilities and is modeled after earlier landmark laws prohibiting
discrimination on the basis of race and gender. The ADA requires that
buildings and facilities be accessible to and usable by people with
disabilities. The ADA establishes accessibility requirements for new
construction and alterations of State and local government facilities
under title II and places of public accommodation and commercial
facilities under title III. The law requires that the Access Board
issue minimum guidelines to assist the Department of Justice (DOJ) and
the Department of Transportation (DOT) in establishing accessibility
standards under titles II and III. These standards must be consistent
with the Access Board's guidelines.
The Architectural Barriers Act of 1968 (ABA) (42 U.S.C. 4151 et
seq.) requires that facilities designed, built, altered or leased with
certain Federal funds be accessible to persons with disabilities.
Similar to its responsibility under the ADA, the Access Board is
charged with developing and maintaining minimum guidelines for
accessible facilities that serve as the basis for enforceable standards
issued by four standard-setting agencies. The standard-setting agencies
are the Department of Defense (DOD), the General Services
Administration (GSA), the Department of Housing and Urban Development
(HUD), and the U.S. Postal Service (USPS).
Rulemaking History
On July 26, 1991, the Access Board published the Americans with
Disabilities Act Accessibility Guidelines (ADAAG).1 On the
same day, the Department of Justice published its final regulations
implementing title III of the ADA which incorporated ADAAG.2
The Access Board amended ADAAG to include additional requirements
specifically applicable to transportation facilities on September 6,
1991 3 which DOT incorporated into its final ADA
regulations.4 The Access Board modified ADAAG, and DOJ and
DOT modified their standards on two occasions: to revise specifications
for automatic teller machines (July 15, 1993) and to suspend
requirements for detectable warnings at curb ramps, hazardous vehicular
areas, and reflecting pools (April 12, 1994; July 29, 1996; November
23, 1998).5
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\1\ 56 FR 35408, 36 CFR Part 1191.
\2\ 56 FR 35544, 28 CFR Part 36.
\3\ 56 FR 45500.
\4\ 56 FR 45584, 49 CFR Parts 37 and 38.
\5\ 58 FR 38204, 59 FR 17442, and 63 FR 64836.
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The Access Board published amendments to ADAAG on January 13, 1998,
that cover State and local government facilities and building elements
designed for children's use.6 The amendments for State and
local government facilities add a section on judicial, legislative, and
regulatory facilities which covers access to restricted and secured
entrances, security systems, assembly seating, speakers' platforms, and
to courtroom spaces. Another section covers detention and correctional
facilities which provides scoping and technical requirements for
accessible cells. In addition to these two new sections, ADAAG was
amended to address elevators, entrances, TTYs, sales and service
counters, and airport security systems in State and local government
facilities. As originally published, ADAAG provided specifications
based only on adult dimensions. The
[[Page 62249]]
amendments for building elements designed for children's use provide
alternate specifications based on children's dimensions for drinking
fountains, water closets, toilet stalls, lavatories and sinks, and
built-in seating and tables. The technical requirements permit
departures from existing ADAAG specifications for elements designed for
use primarily by children instead of adults.
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\6\ 63 FR 2000 and 63 FR 2060.
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In 1994, the Board established an advisory committee to conduct a
complete review of the guidelines and to recommend changes. The ADAAG
Review Advisory Committee consisted of 22 members representing the
design and construction industry, the building code community, State
and local government entities, and people with
disabilities.7 The committee was charged with reviewing
ADAAG in its entirety and making recommendations to the Board on:
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\7\ The American Council of the Blind, the American Institute of
Architects, the Arc, Builders Hardware Manufacturers Association,
Building Officials and Code Administrators International, Building
Owners and Managers Association International, Council of American
Building Officials, Disability Rights Education and Defense Fund,
Eastern Paralyzed Veterans Association, International Conference of
Building Officials, International Facility Management Association,
Maryland Association of the Deaf, National Conference of States on
Building Codes and Standards, National Easter Seal Society, National
Fire Protection Association, National Institute of Building
Sciences, Regional Disability and Business Technical Assistance
Centers, Southern Building Code Congress International, Texas
Department of Licensing and Regulation, Virginia Building and Code
Officials Association, and the World Institute on Disability.
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improving the format and usability of ADAAG;
reconciling differences between ADAAG and national
consensus standards, including model codes and industry standards;
updating ADAAG to reflect technological developments and
to continue to meet the needs of persons with disabilities; and
coordinating future ADAAG revisions with national
standards and model code organizations.
The advisory committee organized itself into subcommittees and met
extensively over a two year period. Non-members were invited to
participate in subcommittee meetings. The advisory committee followed a
consensus-based process for the adoption of recommended changes to
ADAAG which included a process for the submission of dissenting
opinions. The advisory committee's work culminated in publication of a
final report, ``Recommendations for a New ADAAG'' (September, 1996),
which is available from the Board. Vice President Albert Gore
recognized the work of the advisory committee and its constructive
relationship with the Board and presented both entities with his
``Hammer Award'' which recognizes exemplary reinvention of the Federal
government. The award commended the manner in which a variety of public
and private sector interests were brought together to update the
guidelines. The advisory committee's report recommends changes to both
the format and substance of ADAAG.
The Board developed minimum guidelines for federally funded
facilities covered by the ABA in 1982 that served as the basis for the
Uniform Federal Accessibility Standards (UFAS). To further the goal of
uniform standards, the Board is proposing to update these minimum
guidelines based on the revisions to ADAAG. This will establish
consistency between both guidelines so that the public and private
sectors are held to a similar level of accessibility. This will
facilitate compliance where a facility is subject to both the ADA and
the ABA, such as a State or local government facility built with
Federal money.
The Board's minimum guidelines do not directly impact the public.
Instead they provide a minimum baseline for other Federal departments
responsible for issuing enforceable standards. Each Federal department
responsible for issuing and maintaining standards based on the Board's
guidelines under the ADA or the ABA is represented on the Board.
Representatives of these departments serve as Board members and staff
liaisons and have been closely involved in the development of this
proposed rule. Through this process, the Board and the standard-setting
agencies coordinated extensively to seek consensus to minimize any
differences between the Board's guidelines and their eventual
standards.
General Issues
The ADAAG Review Advisory Committee recommended significant changes
to the format and style of ADAAG. In fact, their recommendations
completely reorganize much of ADAAG. The changes were recommended to
provide a guideline that is organized and written in a manner that can
be more readily understood, interpreted and applied. The recommended
changes would also make the arrangement and format of ADAAG more
consistent with model building codes and industry standards. This will
make it easier for designers of the many facilities that will be
required to comply both with the ADAAG and the locally adopted codes to
understand how to comply with both sets of provisions. Changes include:
removal of text language that is non-mandatory in nature
for inclusion as advisory information nearby the text it comments on;
inclusion in written text of requirements otherwise
provided only in figures;
clearer delineation between scoping requirements, which
indicate what has to be accessible, from technical requirements, which
specify how access is to be achieved;
organizing technical sections into chapters according to
the type of element or space;
streamlining the guidelines by integrating special
occupancy chapters (except for transportation facilities) into the main
body of the document;
revising the substance of scoping and technical provisions
to better meet the needs of people with disabilities, to recognize
technological developments, and to reconcile differences from national
consensus standards; and
utilizing a decimal-based, numeric-only numbering system,
consistent with that used by the model codes and utilizing, to the
extent possible, identical chapter and section numbers as ICC/ANSI
A117.1 for the comparable subject matter.
Some changes are recommended in order to make the provisions in
ADAAG more technically consistent with model building codes and
industry standards. The advisory committee coordinated closely with the
American National Standards Institute (ANSI) A117 Committee, which was
in the process of updating its standard. This is a national consensus
standard that provides technical requirements for accessible buildings
and facilities. The Council of American Building Officials (CABO) was
represented on the advisory committee. CABO, which functions as a
coordinating body among model code organizations, serves as the
Secretariat for the A117 Committee. CABO has been incorporated into the
International Codes Council (ICC). While ADAAG requirements derive in
large part from an earlier version of the ANSI standard, there are
considerable differences between them. Both the advisory committee and
the ANSI committee sought to reconcile these differences to harmonize
the revised ADAAG with the ICC/ANSI A117.1-1998 standard.
The Board reviewed all recommendations from the advisory committee
and has adopted most of them with some changes of its own. In addition,
the Board has developed new figures to illustrate various provisions
and provided new advisory notes that
[[Page 62250]]
provide information currently contained in the appendix to ADAAG. In
removing non-mandatory information from the text of the guidelines, the
advisory committee made various recommendations on information that
should be included in advisory notes. The Board has taken these
recommendations into account in developing advisory notes for this
proposed rule.
The application and scoping requirements (Chapters 1 and 2) for
facilities covered by the ADA have been used as the basis for updating
application and scoping requirements for facilities subject to the ABA.
The technical requirements of this rule, as revised according to the
advisory committee recommendations, are referenced by both scoping
documents.
In addition, the Board has included scoping and technical
requirements for accessible residential facilities. These requirements
are based on updated provisions for residential facilities contained in
the ICC/ANSI A117.1-1998 standard. These requirements represent an
addition to ADAAG, which currently does not address such facilities.
Also, they will serve to update requirements for dwelling units in the
minimum guidelines for federally funded facilities upon which UFAS is
based.
Section-by-Section Analysis
The following discussion covers the three parts of this rule. Part
I covers the application and scoping requirements for facilities
covered by the ADA (Chapters 1 and 2). This section of the analysis
explains substantive differences between the revised guidelines and the
current ADAAG. All changes proposed are based on recommendations from
the advisory committee unless otherwise noted. Part II addresses the
application and scoping requirements for facilities covered by the ABA.
This section explains changes from the scoping and application
requirements of Part I that are specific to federally funded
facilities. Part III discusses the technical requirements (Chapters 3
through 11) that are referenced by both ADA and ABA scoping documents.
These requirements are based on recommendations from the advisory
committee. As in Part I, the discussion in Part III explains
substantive differences between the current ADAAG and the revised
guidelines. The Board has posed a number of questions in this section.
The Board includes questions in the preamble usually because it wants
to solicit additional information about an item before considering a
specific requirement.
Part I: ADA Application and Scoping
Chapter 1: Application and Administration
This chapter states general principles that recognize the purpose
of the guidelines (101), provisions for adults and children (102),
equivalent facilitation (103), conventions (104), referenced standards
(105), and definitions (106). Chapter 1 simplifies and reorganizes
similar provisions contained in ADAAG sections 1, 2, and 3.
The Board has removed the term ``fixed'' in the revised guidelines
for editorial purposes of clarity and consistency. The term is used in
the current ADAAG to describe some elements, such as tables and
storage, but not other types of covered elements. The Board understands
that DOJ will clarify the application of the guidelines to fixed
elements in its rulemaking to update its standards for consistency with
the revised guidelines.
104 Conventions
Section 104.1 notes that all dimensions not stated as a ``maximum''
or ``minimum'' are absolute. All dimensions, including absolute
dimensions, are ``subject to conventional industry tolerances.'' This
corresponds with provisions in ADAAG 3.1 and 3.2 for graphic
conventions and dimensional tolerances except for one change. ADAAG 3.2
recognizes conventional building industry tolerances ``for field
conditions.'' The reference to ``field conditions'' has been removed to
accommodate a wider variety of unavoidable tolerances other than those
that occur on a construction site, namely manufacturing processes that
are not true ``field'' situations. For example, acrylic molded plumbing
fixtures, such as shower stalls, often have a slight draft or taper so
that they can be drawn from their molds; this slight taper does not
adversely affect accessibility and is a necessary consequence of this
particular manufacturing process. ``Conventional industry tolerances''
is intended to refer to tolerances in construction and manufacturing,
but not design.
The Board has clarified the calculation of percentages in section
104.2. This provision states that one is to round up to the next whole
number when calculating ratios or percentages in determining the
minimum number of required accessible elements or facilities. Where the
required size or dimension of an element or facilities involves ratios
or percentages, rounding down for values less than one half is
permitted.
105 Referenced Standards
Section 105 lists the industry standards referenced in the
guidelines. It also clarifies that where there is a difference between
a provision of the guidelines and the referenced standards, the
provision of the guidelines shall apply.
106 Definitions
Various defined terms and definitions have been revised, removed or
added. The following definitions have been removed because they contain
information more appropriately covered in technical requirements or are
not considered necessary due to other text changes: ``access aisle,''
``accessible element,'' ``accessible space,'' ``adaptability,''
``clear,'' ``clear floor space,'' ``multi-family dwelling,'' and ``site
improvement.'' Several definitions have been simplified by removing
information contained in scoping or technical requirements or have been
revised for consistency with model code definitions. These include:
``accessible route,'' ``automatic door,'' ``area of rescue
assistance,'' ``controls and operating mechanisms'' (which have been
changed to ``area of refuge'' and ``operable parts,'' respectively),
``dwelling unit,'' ``facility,'' ``means of egress,'' ``occupiable,''
``sign,'' ``story,'' and ``transient lodging.'' Defined terms added to
this section include: ``characters,'' ``children's use,''
``destination-oriented elevator,'' ``employee work areas,'' ``mail
boxes,'' ``pictogram,'' ``project,'' ``public entrance,'' ``qualified
historic building or facility,'' ``self-service storage facility,''
``technically infeasible,'' ``wheelchair,'' and ``wheelchair space.''
Chapter 2: Scoping Requirements
This chapter provides scoping requirements for spaces and elements
required to be accessible in new construction and alterations. Chapter
2 replaces the minimum requirements sections of ADAAG 4.1. As revised,
this section of the guidelines differs from ADAAG in that it integrates
the scoping for exterior sites and interior facilities. ADAAG addresses
scoping for exterior sites and interior facilities in separate
subsections (4.1.2 and 4.1.3, respectively). ADAAG also currently has
some scoping provisions intermingled with various technical provisions
outside of 4.1. All scoping provisions are now located in Chapter 2.
201 Application
This section contains provisions for the general scope of the
guidelines and is substantively consistent with
[[Page 62251]]
application provisions in ADAAG 4.1.1(1), (2), and (4).
202 Existing Buildings and Facilities
This section provides for the application of the guidelines to
additions and alterations. Section 202.2 (Additions) clarifies the
intent in ADAAG 4.1.5 that each addition meet the requirements of the
guidelines for new construction and also refers to requirements for
additions that affect or could affect areas containing a primary
function.
Section 202.3 contains general scoping requirements for
alterations, which are currently addressed in ADAAG 4.1.6(1).
Alterations scoping provisions and technical provisions specific to
certain elements and spaces in ADAAG 4.1.6(1) and 4.1.6(3) are not
included in this general application section. Instead these provisions
have been relocated to the relevant scoping or technical provisions for
the element or space. Many of these provisions in ADAAG provide
alternate specifications where ``technical infeasibility'' is
encountered. However, these specifications present a false ``cap'' to
the degree of departure since compliance is actually required to the
degree it is technically feasible which may be above or below the level
of access recognized in the specification. Consequently, in the revised
guidelines, alternate criteria that have been retained have been made
applicable to alterations generally and are not limited to instances of
technical infeasibility.
As revised, the guidelines do not contain the provision currently
in ADAAG 4.1.6(1)(c) which requires an entire space to be accessible
when alterations of single elements, considered together, amount to an
alteration of a room or space. The advisory committee considered this
provision vague and difficult to enforce since it does not indicate the
precise number of altered single elements that would trigger full
compliance for a room or space. In view of the basic scoping
requirements for alterations, the Board agrees this provision can be
removed without affecting accessibility.
Section 202.4 addresses requirements for alterations affecting
primary function areas that are consistent with those in ADAAG 4.1.6(2)
except for one change. ADAAG 4.1.6 (1)(i) clarifies that the
requirement does not apply to work limited solely to electrical,
mechanical, or plumbing systems; hazardous material abatement; or
automatic sprinkler retrofitting if the work does not involve
alteration of elements or spaces required to be accessible. While the
advisory committee did not recommend removing this clarification, the
Board has removed it as information more appropriately contained in the
Department of Justice's (DOJ) implementing regulations. The DOJ
regulations further address alterations to areas containing a primary
function, including the type of alterations that trigger the
requirement for an accessible path of travel.8
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\8\ 28 CFR 36.403.
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Section 202.5 clarifies that scoping for alterations, including
alterations to areas containing a primary function, applies to
qualified historic buildings and facilities, but permits an exception
where such alterations would threaten or destroy the historic
significance of the building or facility as determined by the State
Historic Preservation Officer or Advisory Council on Historic
Preservation. This simplifies ADAAG 4.1.7 and removes advisory
information from the text of the requirement. Special provisions for
specific elements and spaces in ADAAG 4.1.7(3) have been moved to
appropriate scoping and technical requirements in the revised
guidelines.
203 General Exceptions
The structure of the revised guidelines reinforces the principle
that under the general scoping, all portions of sites and facilities
are subject to the guidelines unless otherwise noted. This section
contains exceptions to the general scoping provisions in 201. Most
provisions are substantively the same as those in ADAAG 4.1.1(5) as
amended for State and local government buildings, including those
addressing construction sites (203.2), raised areas (203.4), limited
access spaces (203.5), equipment spaces (203.6), single occupant
structures (203.7), and detention and correctional facilities (203.8).
There are two substantive changes involving the ``structural
impracticability'' exception and residential facilities (203.9). ADAAG
4.1.1(5)(a) provides an exception for new construction where it can be
demonstrated that full compliance is ``structurally impracticable'' due
to rare circumstances or the uniqueness of the terrain. The advisory
committee recommended removing this exception because it felt that the
challenges posed by unique environmental or terrain features can be
overcome by good design. Further, such an exception is not recognized
by any of the model building codes. Despite the fact that the exception
for ``structural impracticability'' has been removed from ADAAG, it
still exists in the Department of Justice (DOJ) implementing
regulations. See 28 CFR 36.401(c). The term is defined in that same
section and provides a narrowly drawn exception for ``unique
characteristics of terrain.'' It was removed from ADAAG because the
Board made every effort not to duplicate provisions that are in the DOJ
regulations. The revised guidelines also include an exception in 203.9
under which access is not required to common use areas that do not
serve dwelling units required to be accessible.
203.3 Employee Work Areas
ADAAG 4.1.1(3) requires access to, but not fully within, employee
work areas in part because title I of the ADA generally treats access
for employees with disabilities as an individual accommodation. The
Board intends the word ``employee'' in the term employee work areas to
include individuals covered in the definition of employee found in
title I of the ADA, as well as other individuals who perform employee-
type duties such as independent contractors and volunteers. Employee
spaces used for purposes other than job-related tasks, such as break
rooms, lounges, and locker rooms are not considered ``work areas'' and
must be fully accessible. Other areas that must be fully accessible
include, but are not limited to, vending areas, cafeterias, and
auditoriums regardless of whether they are restricted to employees.
Work areas that also function as public use space, such as patient exam
rooms, must be fully accessible for public access, but fixtures and
controls within the work area used only by employees are not required
to be accessible.
Section 203.3 of the revised guidelines retains this exception for
areas used only as work areas. Work areas must be accessible for
``approach, entry, and exit,'' which means location on an accessible
route so that people with disabilities can enter and exit the space.
The Board interprets this provision as requiring an accessible route to
work areas, including complying entry doors or gates. Maneuvering
space, including wheelchair turning space, is not required within the
work area, and elements within the work area are not required to
comply. Also, the Board has added a definition for ``employee work
areas'' in section 106 to clarify the limited application of this
provision.
The coverage of ``employee work areas'' in section 203.3, like
ADAAG 4.1.1(3), means that an accessible route is not required to
individual work stations within the area. For example,
[[Page 62252]]
an accessible route is required to a restaurant kitchen or the
manufacturing space of a plant but not to individual work stations,
regardless of the number of stations or the size of the work area. The
advisory committee recommended that ADAAG be changed to require an
accessible route to each ``individual work station'' instead of to
``work areas.'' Other than the connecting route, work stations would
not be required to be accessible. The advisory committee recommended
this change for consistency with model building codes which, unlike
ADAAG, do not provide a similar exception for work areas. The advisory
committee considered that contemporary building and fire codes, for
general fire and life safety purposes, have always required in new
construction and alterations that a path of travel serving individual
work stations be provided for exiting in an emergency. In complying
with the code, this path of travel would end up complying with most if
not all of the accessible route requirements in ADAAG. The advisory
committee therefore considered that changing ADAAG to require an
accessible route serving individual work stations would not have
dramatic impact. This aspect of the model building codes, as well as
general exceptions for equipment and other spaces in section 203, would
serve to limit the overall impact of this change in the advisory
committee's view. Further, the requirement for an ``accessible route''
to such elements, as opposed to access for ``approach, entry, and
exit'' to certain spaces was considered clearer and more easily
interpreted.
The Board is committed to harmonizing the ADAAG requirements with
the requirements of the model codes and believes that covered entities
should apply the recommendations of the advisory committee in most
situations, particularly in traditional places of public accommodation,
in office buildings, and in schools. However, the Board is concerned
that the adoption of this requirement as the minimum level of
compliance may prove to be unworkable in some employment settings.
Therefore, the Board has not included the advisory committee's
recommendations in this proposed rule. However, the Board is
considering whether to include the advisory committee's language in the
final rule. To facilitate this decision, the Board is seeking responses
to the following questions:
Question 1: ADAAG requires that an accessible route be provided to
employee work areas, but not to individual work stations. What
obstacles have people with disabilities encountered as a result of this
provision?
Question 2: The Board is interested in learning what the impact
might be if ADAAG requires access to ``individual work stations''
rather than to ``employee work areas.'' For example, how would a
facility otherwise be designed and built in the absence of this revised
requirement in ADAAG? Any comparative analysis should be based on a
design that reflects compliance with contemporary codes, such as the
model building codes, and typical design practice. In other words,
aspects of an accessible route that would otherwise be provided as a
typical design consideration or that would have to be provided in order
to comply with a contemporary building code would not be sources of
real impact.
Question 3: Are there specific types of individual work stations,
not otherwise exempt from access by section 203, that could not be
served by an accessible route?
Question 4: The phrase ``areas used only by employees as work
areas'' has been misinterpreted or considered unclear. If this
requirement is retained in the final rule, how should it be clarified
to prevent misinterpretation? If a requirement for work stations is
included in the final rule, is the term ``individual employee work
stations'' sufficiently specific or is further clarification,
qualification, or definition needed?
The revised guidelines differ from ADAAG in that they require
employee work areas to be equipped with visual alarms where audible
alarms are provided. In effect, this will require visual alarm
appliances in most work areas. Where work areas are enclosed by opaque
doors and walls, visual alarm appliances will be necessary to provide
the required alarm coverage. However, where work areas have translucent
walls or doors, carefully placed alarm appliances in adjoining
corridors or other spaces can cover the work area. This is a change
from current ADAAG, which requires visual alarms in common use and
public use spaces, but not in those spaces that serve only as a work
area. The Board proposes this change because it is an issue of life
safety and because installation of visual alarms after construction can
be difficult and expensive. However, in addition to an accessible
connecting route, visual alarms would be the only accessible element
required for a work area.
The Board estimates that the aggregate cost associated with
providing visual alarms in employee work areas for newly constructed
buildings is approximately $16.3 million. This estimate is based on
several assumptions: (a) an average office building size is 200,000
square feet with 200 square feet per office; (b) the cost of an alarm
system complying with existing requirements is $225,000 and
approximately 60 to 70 percent of the area of the office building
receives visual alarm coverage; (c) visual alarms will be needed in an
additional 25 percent of the building area (50,000 square feet, 250
offices) to meet the proposed new requirement; (d) the additional cost
for installing the visual alarms in employee work areas is $65,375
($261 per office); (d) 250 office buildings (averaging 200,000 square
feet) are newly constructed each year.
Question 5: This provision would be applicable to both newly
constructed buildings and existing buildings when alarm systems are
replaced or upgraded, and these alterations affect the usability of the
building. The Board does not provide an aggregate cost estimate for
existing buildings when alarm systems are altered. The Board recognizes
that this cost may greatly exceed the cost for newly constructed
buildings. In order to better assess the overall cost of this
provision, the Board seeks data on how frequently alarm systems are
replaced or upgraded such that they would amount to an alteration and
be subject to this provision. The Board has been advised that alarm
systems may be replaced as often as every ten years. The reason given
is that building owners desire to reduce insurance liability, as well
as to provide state-of-the-art protection for building occupants. Is it
correct to assume that alarm systems are replaced every ten years? The
Board seeks information from businesses that provide fire alarm systems
regarding the additional cost of providing visual alarms in employee
work areas when alarm systems are replaced or upgraded. Please provide
cost data for alarm systems with visual alarm coverage in all employee
work areas compared to alarm systems complying with the existing
requirements. Lastly, while an average building size is used in
developing the cost estimate for newly constructed buildings, the Board
seeks comment on whether the provision would have a disproportionate
economic impact on small buildings or businesses.
Question 6: Are there less costly alternatives to providing visual
alarms in all employee work areas for employees who are deaf or are
hard of hearing that provide a comparable level of life safety?
Question 7: Concerns have been raised about limiting the number of
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visual alarms for the benefit of people who are photosensitive, as
further discussed below at section 702.3. In view of these various
considerations, comment is sought on the appropriateness of this
requirement, and information is requested on whether there are means
available for deactivating individual visual appliances (which may be
desired in accommodating employees who are photosensitive) without
rendering the entire system ineffective.
Section 203.9 clarifies that in residential facilities access is
not required in common use areas not serving required accessible
dwelling units. The Board added this provision because guidelines for
residential facilities have been included in this rule. This provision
would apply in situations where certain common use areas, such as
laundry rooms, are intended to serve a portion of dwelling units.
204 Protruding Objects
205 Operable Parts
Sections 204 and 205 are substantively consistent with scoping
requirements for protruding objects in ADAAG 4.1.2(3) and 4.1.3(2) and
for controls and operating mechanisms in ADAAG 4.1.3(13).
206 Accessible Routes
ADAAG addresses scoping for accessible routes in several areas
(4.1.2, 4.1.3, and 4.3). The revised guidelines bring these
requirements together into one subsection (206.2) to clarify the
requirement for accessible routes from site arrival points, within the
site and within buildings and facilities, and to spaces and elements.
The revised guidelines more clearly recognize various elements as
components of accessible routes. Thus, this section integrates scoping
for entrances (206.4), doors and doorways (206.5), elevators (206.6),
and wheelchair (platform) lifts (206.7). Changes from ADAAG include:
clarification that an accessible pedestrian route is not
required where only a vehicular way not serving pedestrians is provided
(206.2.1 and 206.2.2, exceptions);
emphasis on the provision of an ``accessible route''
between floors as opposed to an ``elevator'' so that elevator
exceptions in ADAAG 4.1.3(5) are relocated to the requirement for an
accessible route (206.2.3);
clarification that in assembly areas an accessible route
is not required to serve seating that does not contain wheelchair
spaces or designated aisle seats required to be on an accessible route
(206.2.3, exception 6);
clarification that an accessible route between seating and
performance areas is required where a direct connection is provided
(206.2.6);
clarification that where the circulation path is interior,
the accessible route must be interior as well (206.3);
removal of the requirement in ADAAG 4.1.3(8) that
accessible entrances be provided in a number at least equal to the
number of exits required because entrances and exits serve different
functions and should not be linked in scoping requirements;
removal of a requirement in ADAAG 5.7 for an accessible
route to raised platforms in banquet rooms since it is premised on
elements (head tables and speaker's lecterns) that often are not fixed;
extending the scope of requirements for security check
points and security barriers for airports and certain State and local
government facilities to cover all types of facilities that provide
security check points and barriers (206.8); and
removal of ADAAG exception 4(d) to 4.1.3(5) that allows
the use of wheelchair lifts where ``existing site constraints or other
constraints make use of a ramp or an elevator infeasible'' since this
is not considered warranted in new construction.
In addition, several substantive changes are provided that pertain
to elevators (206.6). These include recognition of two alternatives to
the traditional type of elevator required by ADAAG and the addition of
a requirement for altered elevators.
Destination-oriented elevators are different from typical elevators
in that they provide a means of indicating the desired floor at the
location of the call button, usually through a key pad, instead of a
control panel inside the car. Responding cars are programmed for
maximum efficiency by reducing the number of stops any passenger
experiences. ADAAG does not specifically address this type of elevator,
which was not widely in use when ADAAG was first published. The revised
guidelines require compliance with newly added technical requirements
in 407.3 where destination-oriented elevators are provided instead of
traditional types of elevators. There are differences in the technical
requirements provided in section 407. For example, standard elevators
must provide audible and visual car position indicators that identify
floors as they are passed. With destination-oriented elevators, audible
and visual indicators must be provided indicating the car destination
both when the car arrives in response to the call and when it arrives
at the floor destination.
The revised guidelines also permit installation of limited-use/
limited-application (LULA) elevators in buildings and facilities not
required to have a standard elevator. This type of elevator is
characterized by a smaller car among other things. The revised
guidelines provide technical requirements in 407.4 and require
compliance with the industry safety standard (ASME/ANSI A17.1, Part
XXV). The advisory committee recommended addressing LULAs because it
considered such elevators a more viable option in situations where a
standard elevator is not required. The advisory committee reasoned that
some vertical access (via a LULA elevator) is preferable to none.
Question 8: Consistent with ADAAG, the revised guidelines provide
an exception for private sector facilities based on the number of
stories or the square footage per floor (206.2.3, exception 1). A much
narrower exception is permitted for State and local government
facilities (206.2.3, exception 2). Are there situations where the use
of LULA's should be permitted instead of a standard elevator in certain
small State or local government facilities?
A requirement has been added at 206.6.1 that when an elevator is
altered, all elevators programmed to respond to the same hall call
control shall be brought into compliance so that persons with
disabilities are not limited to the use of one car at multi-car
elevator banks.
207 Accessible Means of Egress
Requirements for accessible means of egress have been modified for
consistency with model building codes and standards, including addition
of a new requirement that an elevator be provided as an accessible
means of egress in buildings with four or more stories above or below
the exit discharge level. The requirement in ADAAG 4.1.3(9) that
accessible means of egress be provided in the ``same number'' of
required exits has been changed to require at least two accessible
means of egress where more than one means of egress is required. The
requirement in ADAAG 4.1.3(10) that accessible routes also serve as
required exits has been removed because not all accessible routes
necessarily have to serve as a required means of egress in order to
provide a reasonable minimum level of safety. The reference to ``areas
of rescue assistance'' has been changed to ``areas of refuge'' for
consistency with model
[[Page 62254]]
codes. Exceptions from the requirement for areas of refuge in
facilities that are altered or those equipped with supervised automatic
sprinkler system have been retained. A new exception clarifies that
areas of refuge are not required in open parking garages since the open
design permits smoke to escape.
208 Parking Spaces
The revised guidelines maintain the general scoping of ADAAG in
4.1.2(5) but refer to parking spaces generally, instead of to ``self-
parking by visitors, employees, or both.'' The Board has added an
exception in 208.1 for parking spaces used exclusively for buses,
trucks, delivery vehicles, law enforcement vehicles, and vehicular
impound and motor pool lots where lots accessed by the public are
provided with an accessible passenger loading zone.
ADAAG 4.1.2(5)(d) requires a higher level of scoping for outpatient
units and facilities (10%) and those that ``specialize in treatment or
services for persons with mobility impairments'' (20%). Sections
208.2.1 and 208.2.2 preserve these scoping requirements but clarify
their application to visitor and patient parking (so as to exclude
employee parking); ``hospital outpatient facilities'' (10%); and
``rehabilitation facilities and outpatient physical therapy
facilities'' (20%). The advisory committee had recommended removing the
10% requirement for outpatient facilities because it questioned the
technical basis for it and because the term ``outpatient facility'' is
too broad and can be misapplied to doctors' offices and clinics.
Instead of removing this requirement, the Board has clarified its
application by limiting it to outpatient facilities located in
hospitals. The requirement for ``rehabilitation facilities'' is
intended to cover facilities providing physical rehabilitation, but not
those facilities providing other types of rehabilitation, such as drug
or alcohol rehabilitation.
New scoping provisions for residential facilities have been added.
Section 208.2.3 provides access to at least one parking space for each
accessible dwelling unit where parking is provided. Two percent of any
additional parking spaces provided for residents must be accessible.
Additionally, guest parking must be made accessible in accordance with
Table 208.2. In 208.4.2 dispersion is required throughout all types of
parking provided for dwelling units required to be accessible unless
equal or greater accessibility is otherwise achieved.
Requirements for identification of accessible spaces in 208.3 allow
spaces not to be identified (i.e., reserved solely for use by people
with disabilities) where five or fewer spaces in one parking lot are
provided. This was recommended by the advisory committee in order to
mitigate the impact of a reserved space in very small lots and is based
on the model building codes. Identification of spaces is not required
at residential facilities where parking spaces are assigned to specific
dwelling units. The requirement for the ``van accessible'' designation
has been removed to clarify that both car and van drivers can use such
spaces, as was the original intent of ADAAG.
ADAAG 4.1.2(5)(e) allows an accessible passenger loading zone
instead of accessible parking spaces at facilities with valet parking.
This provision has been removed for several reasons. Valet parking
often is not available at all hours a facility is open or may be later
removed altogether. Further, vehicles specially equipped for persons
with disabilities may not be usable by other drivers.
209 Passenger Loading Zones
This section requires that where a passenger loading zone is
provided, at least one portion within every continuous 100 feet of
loading zone space must be accessible. This replaces the requirement in
ADAAG 4.1.5(c) for only one accessible passenger loading zone per site.
The new requirement is responsive to facilities, such as airports,
where many or long continuous passenger loading zones are provided. The
advisory committee recommended that all passenger loading zones be
required to be accessible. However, the proposed requirement addresses
situations where continuous loading zones are provided and balances the
needs of people with disabilities and the costs associated with adding
an additional lane for accessible passenger loading.
210 Stairways
This provision requires all stairs that are part of a means of
egress to comply with the guidelines. ADAAG 4.1.3(4) requires
compliance only at stairs connecting levels not connected by a vertical
means of access. The advisory committee recommended this change for
consistency with model building codes that recognize the importance of
accessible safety features in successfully exiting by stairs.
Accessible features in stairways will benefit individuals with mobility
impairments, as well as other individuals with and without
disabilities. An exception is provided for alterations. Under this
exception, stairs between levels that are connected by an accessible
route are not required to comply (except for handrails) due to the
potential difficulty of altering stairs for compliance within existing
space limitations.
211 Drinking Fountains and Water Coolers
This provision requires that where one drinking fountain or water
cooler is provided on a site, floor, or within a secured area, access
shall be provided for both people who use wheelchairs and for standing
persons. Where more than one drinking fountain is provided, 50% are
required to be wheelchair accessible and 50% are required to be
accessible to standing persons (with rounding up or down permitted
where an odd number of units is provided). While substantively
consistent with ADAAG 4.1.3(10), this section clarifies the application
to exterior units and the coverage of units accessible to standing
persons where more than one unit is provided. The advisory committee
recommended that the guidelines not address access for standing persons
because no technical criteria are provided and because it believed that
most drinking fountains would accommodate people who have difficulty
bending. The Board believes that access for people who may have
difficulty bending or stooping should be retained and has included
technical requirements for such access (see 602.7).
212 Sinks, Kitchens, Kitchenettes, and Wet Bars
A requirement has been added that where sinks are provided in
accessible spaces, at least 5% (but not less than one) must be
accessible, except for mop or service sinks, which are exempt. While
ADAAG provides technical requirements for sinks in 4.24, it does not
indicate the minimum number required to be accessible. New scoping
provisions for kitchens, kitchenettes, and wet bars are generally
consistent with transient lodging requirements in ADAAG 9.2.2(7). The
revised guidelines extend the application to kitchens, kitchenettes,
and wet bars provided, without regard to the type of facility.
213 Toilet and Bathing Facilities
This section is consistent with ADAAG scoping provisions in
4.1.3(11), 4.22, and 4.23 except for one substantive change. Where
multiple single-user toilet rooms are clustered at a single location
and contain fixtures in excess of the minimum required number of
plumbing fixtures, at least 5% of toilet rooms (but not less than one)
for
[[Page 62255]]
each use at each cluster is required to be accessible (213.2, exception
4). ADAAG, which does not specifically address this situation, requires
access to all such toilet rooms. The advisory committee recommended
this scoping provision as more appropriate since this arrangement is
common in facilities such as medical facilities. Additionally,
revisions have been made to clarify that:
access is not required for toilet or bathing facilities in
transient lodging guest rooms (except for the clearance of entry
doors), patient or resident sleeping rooms in medical care facilities,
holding or housing cells in detention and correctional facilities, or
dwelling units that are not required to be accessible (213.2,
exceptions 5, 6, 7, and 8);
unisex bathing rooms must contain at least one accessible
shower or bathtub (213.2.1); and
where only one lavatory is provided, it shall not be
located in an accessible toilet compartment (213.3.4).
214 Laundry Equipment
A new scoping provision has been added for laundry equipment and
applies to laundry facilities wherever provided. For example, if a
transient lodging facility provides laundry facilities for guests, they
must be accessible and contain one or more accessible washers and
dryers. This section also addresses the need for accessible laundry
facilities in, or serving, accessible dwelling units and is necessary
since the revised guidelines address residential facilities. Where
washing machines or clothes dryers are provided in spaces required to
be accessible, at least one of each type is required to be accessible.
215 Emergency Alarm Systems
The requirement for emergency alarm systems is consistent with
ADAAG 4.1.3(14). The ADAAG exception that allows such systems to be
modified in medical care facilities to suit health care alarm practice
has been revised as an exception to the charging statement for the
technical section on fire alarm systems (702.1). The advisory committee
had recommended that the provision be limited to fire alarm systems for
consistency with model codes such as National Fire Protection Agency
(NFPA) 72-G. The committee also recommended that an exception for
alterations be provided that would require compliance with the
requirement for visual alarms only where an alarm system is upgraded or
replaced or a new one installed. Instead, the Board is proposing to
retain the substance of the current requirement since compliance with
any requirement in alterations is required to the extent it is
``technically feasible.'' Given the scope of the work, replacement of a
fire alarm system is considered an alteration, not normal maintenance.
However, certain upgrades are alterations only if they affect the
usability of a room or space. The usability of the space is not
affected when a few failing appliances are replaced. The Board has
limited the requirement for visual appliances to fire alarm systems
instead of ``emergency warning systems.'' In addition, the Board has
added a scoping provision that requires other types of alarm systems to
be equipped with audible and visual signals but has not provided any
technical criteria for these signals.
Question 9: The Board seeks information on facility alarm systems
(other than fire alarm systems) that do not instruct occupants to
evacuate the facility but provide other warning information, such as
those used for tornado warnings and other emergencies. Recommendations
are requested on the technical criteria appropriate for the audible and
visual signals for such alarm systems, particularly where
differentiation from fire alarm system signals is important.
216 Signs
This provision retains the substance of scoping for exterior and
interior signs in ADAAG 4.1.2(7) and 4.1.3(16). Several editorial
changes are included for clarification. Scoping for tactile signs is
modified to apply to ``permanent'' room or space designations in order
to clarify coverage of signs that are not likely to change. The Board
has added an exception stating that signs designating building
addresses or building names are not required to meet requirements for
tactile signs. These revisions are consistent with the Board's
interpretation of ADAAG.
ADAAG 4.1.7(3)(e) includes a provision for qualified historic
facilities which recommends that exhibits and signs displayed
horizontally should be no higher than 44 inches above the floor so as
to be accessible to be people seated in wheelchairs. The advisory
committee recommended that this provision be made mandatory or
relocated to an advisory note. The Board believes this specification
and its limited application to qualified historic facilities merits
further evaluation before adopting it as a mandatory requirement.
Consequently, this provision is not included in the revised guidelines.
217 Telephones
Scoping provisions for public pay telephones providing wheelchair
access and volume controls are substantively consistent with ADAAG
4.1.3(17)(a) and (b). The Board has provided clarification in 217.1
that scoping applies to one of each type of pay phone provided,
including, but not limited to, coin-operated and coinless public pay
phones. For example, access is not limited to credit card phones where
coin-operated phones are also provided or vice versa. As recommended by
the advisory committee, an exception at 217.3 indicates that, where all
phones are equipped with volume controls, identifying signage is not
required.
Significant changes are proposed for the provision of TTYs. TTYs
are devices that provide access to telephones for people who have
hearing or speech impairments. At the advisory committee's
recommendation, the preferred term ``TTY'' has been used instead of the
term ``text telephone'' or ``TDD'; the definition of TTY in section 106
explains that the term is synonymous with ``text telephones'' and
encompasses devices known as ``TDDs,'' a term which stands for
``telecommunication display devices'' (or ``telecommunication devices
for deaf persons''). ADAAG 4.1.3(17)(c) generally requires that at
least one TTY be provided on a site where four or more public pay
telephones are provided (and at least one is interior). The advisory
committee and the Board consider this requirement inadequate because it
does not take into account large sites such as college campuses and
shopping malls where people who need TTYs are limited to one TTY-
equipped phone. The revised scoping at 217.4 states that in private
buildings (i.e., places of public accommodation and commercial
facilities) where four or more pay phones are provided at a bank,
within a floor, building, or on a site, a TTY is required at each such
location. Consistent with previous amendments to ADAAG for State and
local government facilities, a lower threshold is provided for public
buildings, where one pay telephone on a floor or within a public use
area of a building triggers the requirement for a TTY. An exception for
the requirement at banks (271.4.1) makes optional TTYs at banks that
are within 200 feet of, and on the same floor as, a bank with a TTY.
This exception allows reasonable dispersion without triggering a
requirement for additional TTYs. The revised provision does not limit
scoping to where at least one pay telephone is interior since TTYs for
exterior application are readily available.
A new scoping provision is provided for rest stops, emergency
roadside stops, and service plazas that requires a TTY
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where at least one public pay telephone is provided since
telecommunications can be critical at such locations and searching for
off-highway TTYs would be impractical. Due to the increased scoping, a
TTY requirement specific to stadiums, arenas, conventions centers, etc.
in ADAAG 4.1.3(17)(c)(ii) has been removed. Scoping requirements for
hospitals and the secured areas of detention and correctional
facilities have been retained.
In addition to the advisory committee's recommendations, Board
changes include:
adding a requirement for TTY signage where directional
signs for public pay telephones is provided (271.4.9.2); and
exempting phone banks with TTYs from the requirement for
shelves and outlets for portable TTYs (217.5).
218 Transportation Facilities
This provision requires transportation facilities to comply with
Chapter 10. Transportation is the one occupancy type (in addition to
the chapter the Board has added on residential facilities) that the
advisory committee recommended remain a separate chapter. Scoping for
other occupancy types covered in ADAAG sections 5 though 12 have been
integrated into Chapter 2.
219 Assistive Listening Systems
This section covers requirements for assistive listening systems
and receivers in assembly areas. Section 219.2 requires an assistive
listening system in each assembly area where audible communication is
integral to the space and audio amplification is provided. However, in
courtrooms, this requirement also applies where audio amplification is
not provided, consistent with ADAAG as amended for judicial facilities.
This provision is substantively different from ADAAG 4.1.3(19) in three
respects. First, ADAAG requires assistive listening systems in assembly
areas without audio amplification if the seating capacity is 50 or
more, and the revised guidelines do not, except in courtrooms
(regardless of seating capacity). Second, ADAAG's requirement is
conditioned on the provision of fixed seats; the revised guidelines
would apply to assembly areas with fixed seating and those without.
Third, ADAAG requires that assembly areas not subject to the
requirement for a ``permanent'' system be equipped with the necessary
electrical outlets and wiring for a portable system; the revised
guidelines do not specify a ``permanent'' system and do not require
outlets and wiring for portable systems. These also represent changes
from the advisory committee's report, which recommended a scoping
provision generally consistent with ADAAG. The Board is proposing these
changes because it believes that any assembly area with audio
amplification should be equipped with an assistive listening system
whether or not seating is fixed. The Board removed the requirement in
ADAAG for outlets and wiring because adequate electrical support is
generally available in these assembly occupancies and because the
provision of a portable system is more appropriately covered by the DOJ
regulation, which contains requirements for the provision of auxiliary
aids and services necessary to ensure effective communication.
9
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Section 219.3 specifies the minimum number of receivers according
to a sliding scale. This is a change from the flat 4% requirement in
ADAAG 4.1.3(19) and was recommended by the advisory committee based on
actual and anecdotal evidence that the current requirement exceeds the
demand especially in large facilities. Scoping of 4% is maintained for
a seating capacity up to 500 seats; seating above this number is
reduced to 3.5% (501 to 1000 seats), 2.75% (1001 to 2000 seats), and 1%
(over 2000 seats). The revised guidelines include a requirement which
is not in ADAAG that a portion of receivers (25% but no less than 2) be
compatible with hearing aids. In effect, this requires provision of
neck loops, which are the only type of receiver that can be used
comfortably with all models of hearing aids equipped with a telecoil.
220 Automatic Teller Machines and Fare Machines
This provision is consistent with ADAAG 4.1.3(20) with respect to
automatic teller machines, but it also addresses ``fare vending,
collection, or adjustment machines,'' which are only addressed by ADAAG
where provided in transportation facilities.
221 Assembly Seating
This section is substantively different from ADAAG requirements and
advisory committee recommendations for wheelchair, companion, and
designated aisle seating. Section 221.1 lists the types of assembly
areas covered: ``a motion picture house, theater, concert hall,
stadium, arena, auditorium, convention center, lecture hall, courtroom,
legislative chamber, or similar assembly area.'' This approach of
defining the section's coverage by providing a list of exemplary
covered entities is a departure from that in the existing ADAAG
4.1.3(19), which describes covered entities as ``places of assembly
with fixed seating.'' By limiting coverage to the listed entities and
``other similar assembly areas,'' the revised guidelines clarify that
assembly areas like libraries or restaurants are not required to comply
with the requirements of 221.
Section 221.2 revises the number of wheelchair spaces required
(Table 221.2.1). For a seating capacity up to 50 spaces, the
requirement is the same as ADAAG 4.1.3(19). For a seating capacity of
51 to 150 seats, 4 wheelchair spaces are required, and for a seating
capacity of 151 to 300 spaces, 5 wheelchair spaces are required. The
remainder of the table coincides with ADAAG. The advisory committee
recommended the scoping increase (although it recommended that 5
wheelchair spaces be provided starting at 101 seats instead of 151).
Also, the advisory committee recommended that scoping for a seating
capacity over 500 be reduced from 1% to 0.5% based on anecdotal
information on usage. The Board is not persuaded by this anecdotal
information and is proposing to retain the ADAAG requirement of 1%.
Section 221.2 also states that wheelchair spaces shall be provided in
each luxury box, club box, and suite. This is consistent with
Department of Justice interpretations of ADAAG that treat each such box
or suite as a discrete assembly area. Wheelchair spaces must be
integrated into the general bowl design and seating plan and cannot be
set aside on a separate platform or level where there is little or no
other seating. Integration of wheelchair spaces will provide
opportunities for social interaction with persons sitting in the
closest seats.
The advisory committee recommended that wheelchair spaces be
clustered and specified the number of wheelchair clusters permitted,
which, in effect, served to govern the minimum level of dispersion. The
advisory committee also recommended a reduced level of dispersion where
sight lines require more than one step for a rise in elevation between
rows and in alterations where dispersion is not technically feasible.
The Board has not adopted this recommendation. The Board has included
requirements for dispersion as a technical requirement (see 802).
Section 221.3 contains a requirement included by the Board that a
companion seat be provided for each wheelchair space and that this seat
be readily removable to create an additional wheelchair space. This is
consistent with current interpretations of the
[[Page 62257]]
requirement for one companion seat to be provided next to each
wheelchair seating area. However, ADAAG 4.33.3 requires companion seats
to be fixed but does allow readily removable seats to be installed in
wheelchair spaces. The revised provision will afford greater
flexibility in seating arrangements by allowing the choice of either a
companion seat or another wheelchair space next to each required
wheelchair space. The Board considered other options for addressing
problems presented by fixed companion seating. Those options included:
requiring a lesser number of fixed companion seats than wheelchair
spaces in larger assembly areas; requiring that a specified number of
wheelchair spaces be designated to accommodate a group of three or more
persons using wheelchairs; or opting for no change from the requirement
in the current ADAAG. The requirement for readily removable companion
seating was chosen for simplicity, because it promotes greater
flexibility in the seating configurations. However, the Board has
included an exception providing that fixed companion seating is
permitted in assembly areas with a capacity of 300 or fewer seats. This
exception is provided because the requirement for removable companion
seats would have a disproportionate impact on smaller assembly
facilities where no more than five wheelchair and companion spaces are
required.
Question 10: The Board seeks information on the impact of the
requirement that each wheelchair space have an adjacent companion seat
that can be removed to provide an adjoining wheelchair space. Of
particular interest are recommendations on design solutions or
alternative scoping requirements that will mitigate the space impact
while affording a similar level of flexibility in seating arrangements.
Question 11: The Board believes that readily removable seats should
provide a companion with virtually the same experience in terms of
comfort and usability as fixed seats in the same assembly facility.
What specific characteristics should the readily removable seat have
when compared to other seats? While a metal folding chair is not
equivalent to a plush theater-style seat, is it sufficiently comparable
to a bleacher seat?
Section 221.4 requires that 1% of seats be designated aisle seats.
At least 25% of the designated aisles seats must be on an accessible
route, and the remainder no more than two rows from an accessible
route. ADAAG 4.1.3(19) provides a similar requirement that 1% of seats
be aisle seats with removable, folding, or no armrests. This
requirement is intended to serve people who may have difficulty walking
between rows of seats, use assistive devices for ambulation, or wish to
transfer from wheeled mobility aids. The advisory committee did not
recommend retaining this requirement because, with respect to
wheelchair transfers, questions arise about the proximate storage of
mobility aids and the potential obstruction of aisles by mobility aids.
Further, the advisory committee noted that ADAAG did not require an
accessible route to such seats, which brought into question the
usefulness of this requirement for people wishing to transfer from
wheelchairs to seats. The Board has included a requirement for a
portion of aisle seats to be on accessible routes for people using
wheelchairs who wish to transfer to seats. Since aisle seats also
benefit people who have difficulty walking, including between rows of
seats, but who can use stairs, the remainder of seats can be separated
from the accessible route by no more than two rows.
Question 12: At least 1% of seats must be designated aisle seats
that have folding or removable armrests or no armrests. The Board seeks
information on the cost and related design impacts of locating at least
25% of these designated aisle seats on an accessible route and of
locating the remainder of such seats no more than two rows from an
accessible route.
Section 221.5 provides a new requirement that where elevators or
wheelchair lifts are provided on an accessible route to wheelchair
spaces or designated aisle seats, they shall be provided in ``such
number, capacity, and speed'' in order to provide a level of service
equivalent to that provided in the same seating area to patrons who can
use stairs or other means of vertical access. The Board added this
requirement to ensure an equal level of convenience between accessible
seating and inaccessible seating. Architects plan for efficient ingress
and egress when they design assembly facilities, particularly stadiums.
Designers should have available circulation data that is part of the
architectural program and design. Generally, designers of new
facilities have sufficient knowledge of the travel time between points
(e.g., between the entry gate and seats or between the seats and
concession stands) to comply with this requirement for equivalent
vertical access.
222 Dressing, Fitting, and Locker Rooms
This provision is generally consistent with ADAAG 4.1.3(21), but it
also specifically references locker rooms in order to clarify the
intended application. An exception permitting unisex facilities for
altered dressing, fitting, or locker rooms derives from a similar
provision in ADAAG 4.1.6 (3)(h).
223 Medical Care Facility Patient or Resident Sleeping Rooms
This provision is substantively the same as ADAAG 6.1 in providing
scoping for patient or resident sleeping rooms. The revised guidelines
clarify coverage of ``licensed medical and long-term care facilities.''
The description of the facilities covered has been simplified by
removing the ADAAG reference to medical facilities ``where persons may
need assistance in responding to an emergency,'' as the advisory
committee considered this portion of the description not useful.
Scoping for alterations and additions in ADAAG 6.1(4) has been
simplified in stating that the minimum percentage is to be based on the
total number of sleeping rooms added or altered.
While section 223 specifies the minimum number of sleeping rooms
required to be accessible in medical care facilities, it does not
specify dispersion among different types of sleeping rooms. The Board
believes that accessible bedrooms should be dispersed among all units
or departments providing overnight stay and among different classes of
rooms, such as private, semi-private, etc. Industry practice and needs
assessment can be used to further determine the distribution. For
example, a greater number of accessible sleeping rooms might be located
in general surgical units than in pediatric or obstetric wards.
However, the use and designation of units or types of rooms often
change over time as needed.
Question 13: The Board seeks comment on how dispersion of
accessible sleeping rooms can be effectively achieved and maintained in
medical care facilities such as hospitals and long term care
facilities. A requirement for such dispersion may be included in the
final rule.
224 Transient Lodging Guest Rooms
The minimum number of accessible guest rooms required has not been
changed from that provided in ADAAG 9.1.2. However, Table 224.2
clarifies that guest rooms with roll-in showers are to be provided in
addition to the basic number of required accessible
[[Page 62258]]
guest rooms. In addition, there are two substantive changes that are
also based on the advisory committee's recommendations. First, section
224.3 is new and addresses the number of beds required to be accessible
for situations such as homeless shelters, where a room may have a large
number of beds. Scoping is provided in Table 224.3.
Second, the Board has significantly revised the scoping provisions
in section 224.4 for the number of guest rooms equipped with accessible
communication features, including visual alarms and devices that
provide visual notification of incoming telephone calls and door knocks
or bells. ADAAG 9.1.3 provides a minimum number according to a sliding
scale based on the total number of rooms provided. It requires 1 in 25
rooms to comply up to a guestroom count of 100. Scoping successively
decreases to 1 for every 50 rooms for the next 101 to 200 rooms and to
1 for every 100 rooms for the next 201 to 500 rooms. For facilities
with 501 to 1000 rooms, 2% of rooms must comply and where the room
count exceeds 1000, the scoping drops to 1%. ADAAG 9.2.2(8) requires
that all wheelchair accessible rooms be equipped with accessible
communication features in addition to a number of rooms required to
provide communication access only. The Board is proposing to increase
the minimum number of rooms that provide accessible communication
features to 50% of the total number of guest rooms provided. This
increase is proposed for several reasons. The communication features
addressed in this requirement address life safety in providing visual
notification of fire alarms for people who are deaf or hard of hearing.
Higher scoping will also afford greater flexibility in the guest room
assignment of people who are deaf or hard of hearing, particularly in
light of revisions to technical requirements for visual alarms in
section 702.3 that effectively preclude the use of portable visual
alarm devices. Further, anecdotal evidence indicates that operational
alternatives used in accommodating individuals who are deaf or hard of
hearing, including the use of portable devices and facility staff to
directly alert guests of the need to evacuate the facility, are
unreliable and ineffective.
Question 14: Permanent installation of visual alarm appliances is
considerably cheaper and easier to achieve as part of facility design
and construction than as a retrofit. The Board requests information on
the new construction cost difference between providing visual alarms
and notification devices for incoming telephone calls and door knocks
or bells according to the scoping in ADAAG 9.1.3 and the proposed 50%
scoping requirement. Information is also sought on whether exceptions
should be provided for altered facilities or additions.
Question 15: It is the Board's understanding that some transient
lodging facilities, particularly hotel chains, have adopted voluntary
policies requiring permanently installed visual alarms in all or a
majority of newly constructed guest rooms. Please provide information
regarding those transient lodging facilities that have such a policy.
Are there less costly alternatives to providing visual alarms in fifty
percent of guest rooms that will provide guests who are deaf or are
hard of hearing a comparable level of life safety?
Section 224.5 requires dispersion of accessible rooms among the
various classes of rooms provided, including room type, bed type, and
other amenities to a degree comparable to the choices provided other
guests. This is similar to a requirement in ADAAG 9.1.4(1). A
clarification has been added that when complete dispersion is not
possible due to the number of rooms required to be accessible,
dispersion is to be provided in the following order of priority: room
type, bed type, and amenities. The advisory committee recommended that
the factors for dispersion were more appropriate for advisory
information. The Board has retained this provision in the text of the
rule since it contains mandatory direction. Consistent with the
advisory committee's recommendation, section 224.5 also requires
communication access in 50% of the wheelchair accessible guestrooms in
addition to the requirement in section 224.4. This differs from ADAAG
9.2.2(8) which requires that all wheelchair accessible guestrooms be
equipped with accessible communication features.
225 Self-Service Storage Facilities
This is a new requirement recommended by the advisory committee.
ADAAG does not specifically address self-service storage facilities,
and many ADAAG users questioned how access should be provided. Scoping
as provided in Table 225.1 is 5% but drops to 2% after the first 200
spaces. Accessible storage spaces are required to be dispersed among
the various classes of units provided to the extent the number of
accessible spaces allows. Where a facility is comprised of multiple
buildings, accessible spaces can be clustered in one building. This
provision addresses concerns raised by the self-storage industry
regarding the number of entrances required to be accessible in
facilities that may have more than fifty entrances to separate spaces.
The advisory committee believed these unique circumstances warranted
specific attention.
226 Dining and Work Surfaces
Scoping for dining and work surfaces is consistent with ADAAG
4.1.3(18). This provision integrates requirements for dispersion and
dining counters that derive from the section on restaurants and
cafeterias in ADAAG 5.1 and 5.2, respectively. However, the revised
guidelines apply the dispersion requirement generally to all dining and
work surfaces, whereas ADAAG 5.1 requires dispersion only for
restaurant and cafeteria seating.
227 Sales and Service Counters
This section corresponds to requirements for business and
mercantile facilities in ADAAG 7. Section 227.2 provides scoping for
check-out aisles that is consistent with ADAAG 7.3. This scoping
however is not limited to business and mercantile occupancies and
applies to all facilities with check-out aisles. It replaces a
requirement in ADAAG 8.3 specific to check-out areas in libraries that
requires at least one lane at check-out areas to comply. There is a
substantive change to exceptions from the scoping requirement. ADAAG
7.3 permits only one check-out aisle to be accessible where selling
space is less than 5000 square feet. It also permits one check-out
aisle of each design to be accessible in alterations of facilities with
more than 5000 square feet of selling space. This is required until the
number of accessible check-out aisles of each design equals the number
required in new construction. The advisory committee recommended
retaining these exceptions. However, the Board has removed the
exception for facilities with less than 5000 square feet of selling
space because small facilities rarely have more than one check-out
aisle. In fact, small facilities generally have point of sales and
service counters in lieu of check-out aisles. The exception for
alterations has been retained but has been made generally applicable
and is not limited to facilities with more than 5000 square feet of
selling space. Requirements for identification of accessible check-out
aisles in 227.2.1 includes a clarification that, where all check-out
aisles are accessible, such identification is not required.
Section 227.3 covers point of sales and service counters. This
provision is consistent with ADAAG 7.2 except that no distinction is
made between counters
[[Page 62259]]
with cash registers and those without, which the advisory committee
considered insignificant.
Requirements for food service lines in ADAAG 5.5 have been
integrated into the scoping provision in 227.4. A new provision for
queues and waiting lines at 227.5 clarifies that an accessible route is
to be maintained where a defined circulation route is provided. A
requirement for an accessible route through security bollards in ADAAG
7.4 has been clarified and relocated to section 206.8. Section 206.8
clarifies that security may not obstruct ingress or egress.
228 Storage
Provisions for storage are consistent with those in ADAAG
4.1.3(12). Examples of the types of storage elements covered have been
moved to an advisory note. A new provision is provided in 228.2 that
requires at least 5% of lockers to be accessible. Requirements for
self-service shelving in section 228.3 are consistent with ADAAG
4.1.3(12). The Board has removed a reference to display units because
displays are not to be touched and therefore cannot be self-service.
The requirement has been made generally applicable to all facilities
types, not just mercantile occupancies, and effectively replaces
requirements in ADAAG 8.5 specific to library stacks. A new provision
is added for coat hooks and folding shelves in 228.4 to clarify, that
where such elements are provided in toilet rooms or compartments,
locker rooms, or dressing and fitting rooms, at least one of each type
shall be accessible.
229 Depositories, Vending Machines, Change Machines, and Mail Boxes
This provision represents a change from ADAAG 5.8 which addresses
vending machines and other equipment in restaurants and cafeterias.
ADAAG provides only for clear floor space at such equipment. Consistent
with the advisory committee's recommendation, requirements have been
added for wheelchair turning space and the location of operable
controls within accessible reach ranges in accordance with section 309
at vending machines. In addition, the Board has added a requirement
that operable controls meet the operating characteristics specified.
The Board also has added specific references to ``depositories, change
machines, and mail boxes'' and an exception that exempts drive-up only
depositories from compliance. In view of the coverage of residential
and other commercial facilities, the Board has included a provision
that 5% of mail boxes be accessible where provided in an interior
location. In residential facilities where interior or exterior mail
boxes are provided on site, access is required to mail boxes serving
dwelling units that are required to be accessible. The Board does not
intend that this provision address U.S. Postal Service mail boxes in
the public right-of-way because these elements may be provided in
communities without accessible routes.
230 Windows
The technical provisions for windows are reserved in ADAAG. Where
glazed openings are provided for operation by the occupants of
accessible spaces, the revised guidelines include a new provision which
requires access to at least one glazed opening. In accessible rooms or
spaces, access is also required to each glazed opening required by the
administrative authority to be operable. The advisory committee and the
Board reasoned that if windows are to be operable, they must be
operable by all potential building occupants, including people with
disabilities. Furthermore, new technology, including mechanical or
electrical devices makes providing accessible windows possible.
Section 230 requires that the operable parts of windows be
accessible, but it does not address the height of glazed openings.
Requirements for toilet room mirrors specify that the bottom edge of
the reflecting surface be no more than 40 inches from the floor
(section 603.3), and provisions for automatic teller machines require
display screens to be visible from a point 40 inches above the center
of the clear floor space in front of the machine (section 707.5.4).
Question 16: Should a maximum sill height for the glazed area of
those windows required to be accessible be specified in the final rule
so that people who use wheelchairs, located on any floor, can look
through the window to view ground level activities? If so, what should
this height be? The Board also seeks information on any design
requirements, practices, or considerations that would specify
installation above an accessible height in certain occupancies for
security or safety reasons, such as to guard against break-ins or to
prevent improper use by building occupants, including children.
Information is sought on any other design impacts, such as the use of
the space or cavity below windows for mechanical or other building
systems.
231 Two-Way Communication Systems
In amending ADAAG to cover State and local government facilities,
the Board added a requirement that where a two-way communication system
is provided to gain admittance to a judicial, legislative, or
regulatory facility, audible and visual signals must be provided. Also
included was a requirement that handsets have a cord at least 29 inches
long. In the revised guidelines, the Board has made this requirement
applicable to all types of facilities where such two-way communication
systems are provided.
232 Judicial Facilities
This provision integrates scoping requirements for judicial
facilities contained in ADAAG 11 without substantive change. Provisions
in ADAAG 11 for legislative and regulatory facilities have been
integrated into other scoping provisions of Chapter 2.
233 Detention and Correctional Facilities
This section covers scoping for detention and correctional
facilities, including the minimum number of holding and housing cells
required to be accessible. These provisions are based on ADAAG 12 and
have been edited to be consistent with the format of the revised
guidelines. In addition, several substantive changes have been made.
ADAAG 12.4.5 reserves scoping for accessible holding or housing cells
in alterations. In publishing final amendments for State and local
government facilities, the Board acknowledged that prison operators
commenting on the proposed amendments urged that access not be required
in altered correctional facilities because some existing facilities
would not be able to support inmates with disabilities even if cells
were made accessible. These comments also pointed to difficulties in
complying due to design constraints unique to correctional facilities.
In response, the Board had reserved a proposed scoping requirement for
altered cells, but noted that public entities, including correctional
entities, have an obligation to provide program access, as required by
the Department of Justice (DOJ) title II regulations. Further, the
Board noted that the program access requirement may effectively
determine the degree of access necessary in an alteration. In the
revised guidelines, the reserved provision has been replaced with an
exception at 233.2 which states that in the alteration of holding or
housing cells or rooms accessibility is required ``to the extent
determined by the Attorney General.'' DOJ's title II regulation states
that public entities must operate each service, program, or activity so
that the service, program, or activity, when
[[Page 62260]]
viewed in its entirety, is readily accessible to and usable by
individuals with disabilities. DOJ may revise its title II regulation
to provide more specific guidance as to the extent to which the
requirements for accessible cells or rooms in detention and
correctional facilities apply to alterations. A similar exception also
is provided for special holding and housing cells or rooms in section
233.3.
Exceptions are provided at F223.2 and F233.3 for corresponding
provisions for detention and correctional facilities covered by the
ABA. These exceptions, however, refer to applicable agency regulations
implementing section 504 of the Rehabilitation Act for determining the
extent to which access is required in the alterations of cells or rooms
in detention and correctional facilities. The lack of a specific
requirement for alterations to cells or rooms does not excuse a Federal
agency or a federally funded entity from providing access to all of a
prison's programs and services, when viewed in their entirety, if
required under applicable section 504 regulations.
In addition, two other changes have been made by the Board:
guidance is provided on the number of beds required to be
accessible within a room as specified for transient lodging facilities
in Table 224.3; and
scoping for accessible communication features in
wheelchair accessible cells has been reduced from 100% to 50%,
consistent with revised scoping for transient lodging facilities.
234 Accessible Residential Facilities
The Board has added new scoping requirements for accessible
residential housing covered by the ADA. This section requires that at
least 5% (but no less than one) of the total number of dwelling units
be accessible. An additional 2% minimum of the dwelling units are
required to be equipped with accessible communication features but are
not required to be wheelchair accessible. Dispersion of accessible
units is required among the various types of units provided so that
people with disabilities have choices of dwelling units comparable to
and integrated with those available to other residents.
Part II: ABA Application and Scoping
This part provides application and scoping requirements for
facilities covered by the ABA. The Board develops and maintains minimum
guidelines for buildings and facilities covered by the ABA
10. These guidelines serve as the basis for standards issued
by four standard-setting Federal agencies: the General Services
Administration (GSA), the Department of Defense (DOD), the Department
of Housing and Urban Development (HUD), and the U.S. Postal Service
(USPS). Representatives of these agencies, as well as those of other
departments, serve as Federal members of the Board. In this capacity,
these agencies have coordinated closely with the Board in updating the
ABA accessibility guidelines.
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\10\ The ABA covers: (1) facilities constructed or altered by or
on behalf of the United States; (2) facilities leased in whole or in
part by the United States; (3) facilities financed in whole or in
part by a grant or loan made by the United States, if such building
or facility is subject to standards for design, construction, or
alteration issued under authority of the law authorizing such grant
or loan; and (4) facilities to be constructed under authority of the
National Capital Transportation Act of 1965, or title III of the
Washington Metropolitan Area Transit Regulation Compact.
Notwithstanding the above, the ABA does not cover: a privately owned
residential structure not leased by the Government for subsidized
housing programs; or, any building or facility on a military
installation designed and constructed primarily for use by military
personnel without disabilities. The current ABA standard exempts
various military facilities consistent with the statute (UFAS
4.1.4(2)); this exclusion has not been retained in the revised
guidelines as it is more appropriately contained in the implementing
regulations issued by the DOD and the other standard-setting
agencies.
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The Board has based the ABA scoping and application sections on the
revised ADA scoping and application sections of Part I. This will
ensure greater consistency between both scoping documents and will
serve to establish greater uniformity in the level of access among
facilities covered by the ADA or the ABA. The Board previously adopted
a resolution introduced by GSA to ensure that the level of
accessibility established for federally funded facilities in this
rulemaking meets or exceeds that proposed for the private sector and
State and local government sectors under the ADA. To this end,
differences or departures from the ADA scoping and application sections
have been minimized. Most changes are necessary due to differences
between the ABA and ADA statutes and regulations issued under them. For
example, the ABA covers facilities leased by Federal agencies and the
guidelines for the ABA reflect this statutory difference. The
guidelines for the ADA and ABA are being consolidated in one part of
the Code of Federal Regulations (36 CFR Part 1191). The following
discussion explains substantive differences from the application and
scoping requirements for facilities covered by the ADA as discussed in
Part I.
F103 Modifications and Waivers
The ABA recognizes a process under which covered entities may
request a modification or waiver of the applicable standard. The
standard-setting agencies may grant a modification or waiver upon a
case-by-case determination that it is clearly necessary. This
modification and waiver process is recognized in section F103 as a
substitute to the provision for ``equivalent facilitation'' in section
103 provided for facilities subject to the ADA.
F106 Definitions
Several defined terms in section F106.5 differ from those in the
ADA application section. These include ``dwelling unit'' and
``transient lodging'' which have been simplified and made mutually
exclusive. Definitions for ``joint use'' and ``lease'' are included
that pertain to provisions specific to the ABA covering leased
facilities. Definitions of ``private building or facility'' and
``public building or facility'' are not included because these terms
are used to distinguish between places of public accommodation and
commercial facilities covered by title III of the ADA (private) and
State and local government facilities covered by title II of the ADA
(public).
F202 Existing Buildings and Facilities
F202.2 Additions
Section F202.2 addresses additions to existing facilities and
provides specific criteria for accessible routes, entrances, and toilet
and bathing facilities that derive from the current standard, UFAS.
These provisions have been retained but are not provided in the ADA
scoping document. Provisions in this section for public pay telephones
and drinking fountains have been included for consistency with a
requirement in the ADA scoping document for an accessible path of
travel for certain additions (202.2).
F202.6 Leases
The ABA requires access to facilities leased by Federal agencies.
Section F202.6 contains scoping requirements for facilities that are
newly leased by the Federal government, including new leases for
facilities previously occupied by the Federal government. The
negotiation of a new lease occurs when (1) the Federal government
leases a facility that it did not occupy previously; or (2) an existing
term ends and a new lease is negotiated for continued occupancy. The
unilateral exercise of an option which is included
[[Page 62261]]
as one of the terms of a preexisting lease is not considered the
negotiation of a new lease. Negotiations which do not result in a lease
agreement are not covered by this section. Provisions in this section
address joint-use areas, accessible routes, toilet and bathing
facilities, parking, and other elements and spaces. Corresponding
changes concerning coverage of leased facilities appear in the sections
stating the purpose (F101) and the overall scope of the guidelines
(F201.1).
F234 Housing
The proposed scoping provisions for dwelling units covered by the
ABA are identical to those proposed for the ADA. However, UFAS 4.1.4(3)
effectively allows the Department of Defense the option to modify units
when the need arises as opposed to providing accessible units at the
time of construction and to do so on an installation-by-installation
basis. This flexibility allows the military departments to leave
families without disabilities in accessible units and to modify units
to suit the needs of families with disabilities.
Question 17: Should a similar exception be included in the revised
guidelines that would permit accessible dwelling units under control of
the Department of Defense to be designed to be readily and easily
modifiable to be accessible provided that modifications are
accomplished on a first priority basis when a requirement is
identified? Also, should a similar exception be provided that permits
provision of access on an installation-by-installation basis?
Other Differences from ADAAG
Certain provisions or exceptions in the ADA scoping section
applicable only to the private sector (i.e., places of public
accommodation and commercial facilities) or recognized only by the ADA
are not included in the ABA scoping section. These include:
an exception that permits a limited level of access to
work areas for approach, entry and exit and that does not otherwise
require the area itself to be accessible (203.3);
an exception from the requirement for an accessible route
in private multi-level buildings and facilities that are less than
three stories or that have less than 3,000 square feet per floor
(206.2.3, Exception 1);
TTY scoping provisions specific to private buildings
(217.4.2.2 and 217.4.3.2); and
an ADA exception from the requirement for accessible guest
rooms for certain places of lodging that have five or fewer rooms for
rent or hire (224.1, Exception).
Part III: Technical Requirements
Part III provides technical requirements (Chapters 3 through 11)
that are referenced by the ADA and ABA application and scoping
documents. These requirements are based on recommendations from the
advisory committee unless otherwise noted. The following analysis
describes substantive differences between the revised guidelines and
ADAAG technical requirements.
Chapter 3: Building Blocks
Chapter 3 contains basic technical requirements considered to be
the ``building blocks'' for accessibility as established by the
guidelines. All sections of this chapter correspond to ADAAG
requirements. They are referenced by scoping provisions in Chapter 2
and by the technical chapters (4 through 11).
302 Floor or Ground Surfaces
This section is substantively similar to ADAAG 4.5. Section 302.1
requires floor or ground surfaces to be ``stable, firm, and slip
resistant'' as does ADAAG 4.5.1. ADAAG however provides scoping
language in this requirement that has not been included in 302.1.
Instead, other technical sections, such as those for walking surfaces
(403), ramps (405), and stairways (504) reference this requirement.
ADAAG also applies the requirement generally to ``accessible rooms and
spaces,'' a requirement that has not been retained in the revised
guidelines because nearly all rooms and spaces must be accessible.
Section 302.2 which addresses carpet is consistent with ADAAG
4.5.3. Section 302.3 covers openings and derives from ADAAG 4.5.4. This
requirement has been revised to cover ``openings'' instead of
``gratings'' in order to cover all types of openings in a floor or
ground surface that would be an impediment to mobility in addition to
gratings, such as expansion joints and spaced wood decking.
Clarification is also provided that this requirement does not apply to
elevators or wheelchair lifts where an opening between the car and the
floor level is necessary to operate the elevator.
303 Changes in Level
This section is the same as ADAAG 4.5.2 except for editorial
changes.
304 Wheelchair Turning Space
Consistent with ADAAG 4.2.3, this section recognizes circular and
T-shaped turning space and provides textual description of the size and
dimensions for each contained in ADAAG Figure 3. Unlike ADAAG, this
section clarifies that elements with knee and toe clearance can overlap
turning space. It explains the extent to which overlap is permitted,
limiting it to one segment of the T-shaped space. The overlap of
circular turning space is not specifically limited although the maximum
depth for knee and toe space has been increased from 19 to 25 inches as
indicated in section 306. Additionally, clarification is provided that,
in general, doors can swing into the turning space but that changes in
level or slopes greater than 1:48 are not permitted within the space.
305 Clear Floor or Ground Space
This section is consistent with ADAAG 4.2.4 and provides
clarification that changes in level and slopes greater than 1:48 are
not permitted within the clear floor or ground space.
306 Knee and Toe Clearance
The revised guidelines provide specifications for knee and toe
clearances as a basic ``building block.'' The specifications correspond
to knee and toe clearances provided in ADAAG specifically for plumbed
fixtures, including drinking fountains (4.15) and lavatories (4.19).
The new format recognizes these clearances for other elements as well,
such as tables and counters. There are two substantive changes. The
maximum depth for the knee and toe space specified in 306.2.2 and
306.3.2 has been increased from 19 to 25 inches. The advisory committee
recommended this change for consistency with an ADAAG specification in
Figure 5(b) for obstructed reaches which recognizes a 25 inch maximum
depth. The other change concerns removal of the ADAAG specification of
a 29 inch minimum apron clearance at lavatories, which the advisory
committee considered ineffective without a minimum depth. Further
detail has been added about the clearance between the knee and toe
space; this clearance is permitted to be reduced at a rate of 1 inch
for each 6 inches in height. The advisory committee's intent was to
describe in text the sloping profile of the space between knees and
toes in ADAAG Figures 27(a) and 31.
307 Protruding Objects
This section is substantively consistent with ADAAG 4.4 except for
the addition of three exceptions. An exception to the requirement for
protrusion limits in 307.2 permits handrails serving stairs and ramps
to
[[Page 62262]]
protrude 4\1/2\ inches maximum from wall surfaces. This was recommended
by the advisory committee to prevent conflict with model code
requirements. An exception to the requirement for post-mounted objects
in 307.3 exempts the sloping portions of ramp or stair handrails. The
Board has added an exception to the requirement for vertical clearances
in 307.4 that permits door closers and door stops to encroach up to 2
inches into the 80 inch minimum clearance. This exception clarifies a
common question concerning standard size doors. This section uses the
terms ``wall'' and ``post'' to provide a reference point for measuring
protrusions. The terms are to be liberally construed. For example, a
partition or a column is understood to provide a wall surface.
308 Reach Ranges
This section is consistent with forward and side reach range
requirements in ADAAG 4.2.5 and 4.2.6, including obstructed reaches.
Forward reach ranges are 48 inches maximum and 15 inches minimum; side
reach ranges are 54 inches maximum and 9 inches minimum. The advisory
committee recommended that the side reach range, including obstructed
reaches, be changed to those required for forward reaches. This
recommendation was based on a report from the Little People of America
which considered the 54 inch height beyond the reach for many people of
short stature. The advisory committee also considered the 48 inch
maximum for side reaches as preferable for people who use wheelchairs.
The Board has not included this recommended change in the proposed
rule because it believes a change to this long-standing provision
requires further research. The reach range specifications apply to a
wide variety of controls and elements, from gasoline dispensers to ATMs
to information kiosks to off-street parking meters and self service
parking payment and ticket machines. The Board believes information on
the impact of the recommended change on these and other types of
elements should be developed before proposing any reduction in the
maximum side reach height. However, the most recent draft of the ICC/
ANSI A117.1-1998 does lower the high side reach to 48 inches,
therefore, new codes based on this standard will be more stringent in
this regard. The experience of the building industry and people with
disabilities will provide an invaluable resource in subsequent
revisions of ADAAG.
309 Operable Parts
Requirements for operable parts are consistent with those for
controls and operating mechanisms in ADAAG 4.27.
Section 309.4 specifies that operable parts not require more than 5
pounds of force for operation. This long-standing specification appears
sufficient for controls operated by the hand, such as door hardware,
faucets, and push plates. However, anecdotal information indicates that
a 5 pound maximum is too high for controls activated by a single
finger, such as elevator call and control panel buttons, platform lift
controls, telephone key pads, function keys for ATMs and fare machines,
and controls for emergency communication equipment in areas of refuge,
among others. Usability of such controls also may be affected by how
far the button or key must be depressed (i.e., the stroke depth) for
activation. Information indicates that most control buttons of keys can
meet a 3.5 maximum pounds of force and a maximum stroke depth of \1/10\
inches. The Board is considering including these specifications in the
final rule based on responses to the following questions.
Question 18: Comment is sought on whether a maximum 3.5 pounds of
force and a maximum \1/10\ inch stroke depth provide sufficient
accessibility for the use of operable parts activated by a single
finger.
Question 19: The Board seeks information on any types of operable
parts covered by the revised guidelines that cannot meet, or would be
adversely affected by, a maximum 3.5 pounds activation force and
maximum \1/10\ inch stroke depth.
Chapter 4: Accessible Routes and Accessible Means of Egress
In the revised guidelines, all components of accessible routes and
means of egress have been combined into one chapter, including walking
surfaces, doors, ramps, elevators, wheelchair lifts, and areas of
refuge. Section 402 indicates that accessible routes consist of these
components.
403 Walking Surfaces
``Walking Surfaces'' is a new term that has been introduced to
refer to the portion of interior or exterior accessible routes existing
between doors and doorways, ramps, elevators, or lifts. The
requirements for walking surfaces derive from specifications for
accessible routes in ADAAG 4.3 and are substantively the same in
addressing floor or ground surfaces, slope, changes in level, clear
width (including for turns around objects), wheelchair passing space,
and protruding objects. There are three changes from technical
requirements in ADAAG:
the maximum cross slope has been changed from 1:50 to 1:48
throughout the revised guidelines for consistency with model building
codes (403.3);
a new specification has been added that requires a minimum
linear separation of 48 inches between permitted reductions in the 36
inch minimum clear width (403.5); and
for turns around objects, clarification has been added
that, where a 60 inch minimum width at a turn is provided, the clear
width of the connecting route can be 36 inches minimum instead of 42
inches minimum because 60 inches permits 360 degree maneuvering
(403.5.1).
Question 20: The revised guidelines, like the current ADAAG,
provide technical criteria for handrails along stairs and ramps.
Section 505 of the revised guidelines provide requirements for
continuity, height, clearance, gripping surface, cross section,
fittings, and extensions. Handrails provided at other locations, such
as along corridors in medical care facilities and airports, are not
subject to these criteria except at stairs and ramps. The Board seeks
comment on whether handrails, where provided along circulation paths
without a slope or steps, should be subject to the technical
requirements in 505. Such a requirement may be included in the final
rule.
404 Doors and Doorways
This section provides requirements for doors and doorways which
correspond to those in ADAAG 4.13. Requirements for entrances in ADAAG
4.14, which are basically scoping in nature, have been relocated to
Chapter 2 as part of scoping provisions for accessible routes (206.4).
Like ADAAG, requirements are provided for manual doors (404.2) and
automatic doors (404.3). The Board has provided an exception in 404.2
for manual doors, doorways, and gates operated only by security
personnel under which compliance with requirements for door hardware,
closing speed, and door opening forces is not required. This exception
is based on one provided in ADAAG for judicial facilities and detention
and correctional facilities. For consistency, the Board has made this
exception generally applicable to all facilities. Security personnel
must have sole control of doors that are eligible for this exception.
It would not be acceptable for security personnel to operate the doors
for people with disabilities while others have independent access. A
similar
[[Page 62263]]
exception is provided for automatic doors in 404.3.
Section 404.2.3 addresses clear width and is different from ADAAG
in several respects. An exception in ADAAG 4.13.5 that allows a 20 inch
minimum clearance at doors not requiring full user passage has been
removed because such doors are not part of an accessible route.
Clarification has been provided on the protrusion of door hardware into
the clear width. ADAAG indicates that the clear width is to be measured
to the face of the door. However, the clear width requirement has been
misinterpreted as prohibiting certain door hardware, such as panic
bars, from protruding into this clearance. Language has been added
which prohibits projections into the minimum clear width at heights
below 34 inches; above this height (up to 80 inches), projections of 4
inches maximum are allowed. The Board has also editorially revised an
exception that allows the latch side stop to protrude up to \5/8\ inch
in alterations (404.2.3 Exception). In ADAAG, this exception is limited
to cases of ``technical infeasibility.'' The Board has removed this
qualification in this and other exceptions for alterations as noted in
section 202 above.
Section 404.2.4 specifies door maneuvering clearances which are
consistent with ADAAG 4.13.6. However, ADAAG provides these
specifications through illustration (Figure 25) and the revised
guidelines, which provide all requirements in written text, use tables
to provide this information (Tables 404.2.4.1 and 4042.4.2).
Clarification is also provided for recessed doors. ADAAG Figure 25
requires that doors in alcoves provide clearance for a forward
approach. This provision has led to questions about what constitutes an
``alcove.'' In 404.2.4.3, this requirement has been changed to apply
specifically to ``recessed doors where the plane of the doorway is
offset more than 8 inches from any obstruction within 18 inches
measured laterally on the latch side of the door.''
Section 404.2.5 covers thresholds. A provision in ADAAG 413.8 that
allows thresholds \3/4\ inch high maximum at exterior sliding doors has
been removed because products are available that meet the \1/2\ inch
high maximum specified for all other doors. An exception that permits
in alterations a \3/4\ inch maximum threshold if beveled on both sides
has been retained.
In section 404.2.7, which covers door hardware, a minimum mounting
height for door hardware (34 inches) has been added. This height
corresponds with revisions to the required clear width at doors to
clarify that limited projections into the clear width are acceptable
above this height. The maximum height (48 inches) is consistent with
ADAAG 4.13.9. The advisory committee also recommended an exception that
would permit any location for locks used only for security purposes and
not for normal operation. This would address certain doors that
typically have locks located outside the specified reach range, such as
doors without stiles that lock at the bottom edge. The Board has
included an exception but has further refined its application to
``existing locks at existing glazed doors without stiles, existing
overhead rolling doors or grilles, and similar existing doors or
grilles that are designed with locks that are activated only at the top
or bottom rail.'' The Board has limited this exception to existing
doors or grilles because design solutions for accessible doors and
gates are available in new construction.
Closing speed is addressed by section 404.2.8 and corresponds to
ADAAG 4.13.10. The required minimum closing speed for door closers is
generally consistent with ADAAG, although the values differ due to
changes in the measuring points. This revision was recommended by the
advisory committee for consistency with the ICC/ANSI A117.1 standard.
This section also includes a new provision for spring hinges, which
offer little opening resistance and closing forces in the 1 to 2 pounds
of force range. The requirement specifies that such hinges be adjusted
so as to close from an open position of 70 degrees no faster than 1.5
seconds.
Two new provisions are provided for door surfaces and vision lites.
Section 404.2.10 requires that swing doors have a smooth surface on the
push side that extends the full width of the door. This provision
derives from the ANSI A117.1-1992 standard and is intended to permit
wheelchair footrests to be used in pushing open doors without risking
entrapment on the stile. Exceptions to this requirement are provided
for certain types of doors, such as tempered glass doors without
stiles. Section 404.2.11 requires that, where vision panels in or
adjacent to doors are provided, the bottom of at least one glazed panel
be no higher than 43 inches from the floor for access to people using
wheelchairs or who are of short stature. This height permits hardware
to remain at industry standard locations. The Board has added an
exception for vision lites that are more than 66 inches from the floor
or ground, measured to the lowest part.
Section 404.3 addresses automatic doors. As in ADAAG 4.13.12, full-
powered, low-energy, and power-assisted doors are addressed, and the
industry standards (ANSI/BHMA 156.10 and 156.19) are referenced. The
revised guidelines, as indicated in section 105.2, reference the most
recent version of these standards (1996). Requirements in ADAAG 4.13.12
for door opening speed and forces have been removed since they are
addressed by the referenced standards. Other differences from ADAAG
include:
clarification that the required 32 inch minimum clear
opening applies to both power-on and power-failure modes and that the
clear width for automatic doors is based on the clear opening provided
by all leafs when simultaneously in the open position (404.3.1);
addition of a requirement that maneuvering clearances
specified for swing doors be provided at power-assisted doors since
such doors are manually operated (404.3.2);
addition of a requirement that labels and warning signs
for automatic doors meet requirements in section 703.4 for non-tactile
signage (404.3.6); and
addition of a requirement by the Board that the clear
break out opening for swinging or sliding automatic doors be at least
32 inches in emergency mode so that an accessible route through them is
maintained in emergencies (404.3.7).
405 Ramps
Requirements for ramps are based on those in ADAAG 4.8. Differences
from ADAAG concern:
removal of the requirement that ``the least possible
[running] slope'' be used for any ramp, which is considered too vague
from a compliance standpoint (the 1:12 maximum slope has been retained)
(405.2);
the maximum cross slope has been changed from 1:50 to 1:48
for consistency with model building codes (405.3);
clarification is provided that changes in level other than
the running and cross slopes are not permitted on ramp runs (405.4);
clarification is added that the required clear width (36
inches minimum) is measured between the leading edge of handrails
(405.5);
clarification is provided that ramp landings cannot slope
more than 1:48 or have any other change in level (405.7.1) and that
ramp landings and door maneuvering clearances can overlap (405.7.5);
and
revision of the requirement for handrails so that it
applies to any ramp with a rise greater than 6 inches but not to those
with a horizontal projection
[[Page 62264]]
greater than 72 inches since it can discourage shallower slopes on
short ramps (405.8).
In addition, further specification is provided for edge protection
in section 405.9. This section is clearer than ADAAG 4.8.7 in
recognizing surface extensions beyond handrails (12 inches minimum) and
in recognizing guards, curbs, or barriers that prevent passage of a 4
inch diameter sphere at the ground or floor surface. Exceptions are
provided to clarify that edge protection is not required on curb ramps
with flared sides or returned curbs, at stair or ramp openings at
landings, or at landings that have a maximum \1/2\ inch drop-off within
10 inches horizontally of the minimum landing area.
406 Curb Ramps
Requirements for curb ramps in the revised guidelines are
consistent with those in ADAAG 4.7. Revisions made to requirements for
ramps, such as the clarification that changes in level other than the
running and cross slope are prohibited, apply to curb ramps as well.
ADAAG originally contained a requirement in 4.7.7 that curb ramp
surfaces have a raised distinctive pattern of truncated domes to serve
as a warning detectable by cane or underfoot to alert people with
vision impairments of the transition to vehicular ways. This warning
was required for curb ramps in the belief that their sloped surfaces
removed the tactile cue provided by the straight drop off of a curb. In
response to concerns about the specification, which was based on
research, the availability of complying products, proper maintenance
such as snow and ice removal, usefulness, and safety concerns, the
Board suspended this requirement jointly with the departments of
Justice and Transportation in July 1994. This action suspended the
requirements for detectable warnings at curb ramps, hazardous vehicular
areas, and reflecting pools until July 26, 1996, pending the results of
a research project on the need for detectable warnings at these
locations and at vehicular-pedestrian intersections in the public
right-of-way.
The research project showed that vehicular-pedestrian intersections
are very complex environments and that pedestrians who are blind or
visually impaired use a combination of cues to detect intersections.
The research project found that detectable warnings helped some
pedestrians who are blind or visually impaired locate and identify curb
ramps. However, the detectable warnings had only a modest impact on
overall performance because, in their absence, pedestrians who are
blind or visually impaired used other cues that might be available to
detect the intersection. The research project indicated that there may
be a need for additional cues at some types of intersections. The
research project did not identify the specific conditions where such
cues should be provided. The research project suggested that other
technologies, which may be less costly and equally or more effective
than detectable warnings, be explored for providing information about
intersections.
In 1996, the Access Board and the departments of Justice and
Transportation extended the suspension of the detectable warning
requirements to July 26, 1998, to allow the Board's ADAAG Review
Advisory Committee to conduct its review of ADAAG and to make
recommendations for revising and updating the document. The suspension
has been extended to July 26, 2001. The advisory committee recommended
that the requirement for detectable warnings at platform edges in
transportation facilities be retained. The advisory committee also made
specific recommendations for permitting equivalent tactile surfaces,
and technology or other means to provide equivalent detectability of
the platform edge as an alternative to the truncated dome surface (see
discussion at section 705). The advisory committee did not make any
recommendations regarding the provision of detectable warnings at other
locations within a site. The advisory committee suggested that the
appropriateness of providing detectable warnings at vehicular-
pedestrian intersections in the public right-of-way should be
established first, and the application to other locations within a site
should be considered afterwards. The Board has not included a
requirement for detectable warnings within a site (i.e., at hazardous
vehicular areas or reflecting pools) or at curb ramps.
Section 406.7 addresses curb ramps provided at pedestrian islands
which is consistent with ADAAG 4.7.11 and requires clear floor space at
the top of ramps. The Board has added further detail on the width and
location of this space relative to the curb ramp. A requirement in
ADAAG 4.7.8 that curb ramps be located or protected so as not to be
obstructed by parked vehicles has been removed because it is not always
possible to prevent such obstruction solely through curb ramp design;
operational factors, such as local traffic laws and their enforcement
are also a key factor.
407 Elevators
Requirements for passenger elevators in ADAAG 4.10 are updated in
section 407. Elevators must meet the industry safety code, ASME/ANSI
A17.1, according to the most recent version (1993 with 1994 and 1995
addenda) as indicated in section 105.2. In addition to the types of
passenger elevators recognized by ADAAG, the revised guidelines provide
technical criteria for two new types of elevators destination-oriented
elevators in 407.3 and limited-use/ limited-application (LULA)
elevators in 407.4. A new subsection, 407.5, is also provided for
existing elevators that are altered.
Section 407.2 covers passenger elevators currently addressed by
ADAAG. A reference in ADAAG 4.10.1 to ``combination passenger and
freight elevators'' has been removed because the type of elevator this
was intended to cover is generally considered a ``passenger elevator''
by the ASME Elevator Safety Code, which does not address
``combination'' elevators.
A change is made to specifications for car size in section 407.2.8.
ADAAG 4.10.9 recognizes two standard car configurations based on early
industry conventions and provides a general performance standard
requiring that users be able to enter the car, maneuver within reach of
the controls, and exit from the car. The advisory committee considered
these specifications too restrictive since they did not specify other
standard configurations, such as the elongated hospital-type car, that
are considered to meet the general performance standard. In Table
407.2.8, a greater variety of inner car dimensions are permitted. In
addition to those specified by ADAAG, this table also permits cars with
minimum inner dimensions of 54 by 80 inches and 60 by 60 inches. Other
configurations that provide specified wheelchair turning space wholly
within the car are also allowed. With respect to the clear width of the
door opening, recognition of a \5/8\ inch tolerance is provided to
accommodate common industry sizes using ``hard'' metric equipment
sizes.
Other revisions for standard elevators include:
changing the height of call buttons from 42 inches
``centered'' to a range between 35 to 48 inches measured to each button
centerline (407.2.2);
adding requirements for the frequency (1500 Hz maximum)
and decibel ranges (20 to 80 dBA) for hall call buttons (407.2.3)
(while the advisory committee recommended that this be measured at the
annunciator, the
[[Page 62265]]
Board is requiring measurement at the call button, closer to the user);
specifying that the minimum size of visible hall signals
be measured ``along the vertical centerline of the element,'' a Board
change that takes into account triangular signals (407.2.3.2.2);
revising requirements for tactile signs at hoistway
entrances by specifying that the 60 inch height is measured to the
baseline of the character (instead for the centerline) for consistency
with other tactile signage requirements (407.2.4);
adding a requirement that a tactile star be provided at
the main entry level hoistway entrance, and removing language regarding
the use of applied plates since it was considered advisory (407.2.4);
adding requirements for car controls so that numbers are
provided in ascending order and, in the case of multiple columns, read
left to right (407.2.11.1);
recognizing the use of keypads as an option to control
panels (which provides an option in situations where it would be
difficult to locate all buttons of a control panel within the specified
reach range) and requiring that they follow the standard telephone
keypad arrangement and have tactile characters (407.2.11.2);
providing a maximum decibel level (80 dBA) for audible car
position indicators (407.2.12.2);
requiring car position indicators to provide automatic
verbal announcements because of the ready availability of such
indicators, and allowing audible signals only in slow-moving elevators
having a maximum rated speed of 200 feet per minute (407.2.12.2); and
requiring that ``essential'' information be presented in
both tactile and visual form where instructions for the use of
emergency communication equipment are provided (407.2.13).
Question 21: The Board is considering requiring a frequency band
width of 300 to 3000 Hz for hall signals (407.3.2) in the final rule
and seeks comment on such a requirement as it would affect
intelligibility for people who are hard of hearing and others.
Information on the availability of products and costs of such a
requirement is requested.
Question 22: Section 407.2.13 addresses two-way emergency
communication systems and requires that emergency signaling devices not
be limited to voice communication. The Board seeks information and
product literature on emergency communication devices and communication
technologies that provide two-way communication in a manner accessible
to people who are deaf and others who cannot use voice communication.
The Board will consider adding a requirement for more interactive
emergency communication devices that provide such access if they are
presently available and if the costs and benefits can be demonstrated.
The advisory committee also recommended lowering the maximum height
for control buttons from 54 to 48 inches, consistent with its
recommendations for reach ranges generally. This recommendation is
based on a report from the Little People of America indicating that a
54 inch height is too high for most people of short stature. As
discussed at section 308 above, the Board has not included this
requirement. The advisory committee recognized a potential adverse
impact of a lower maximum height on elevators with panels that must
have a large number of buttons in a limited amount of space and
recommended an exception that would allow the 54 inch maximum height
for elevators with more than 16 stops.
Section 407.3 provides technical requirements for destination-
oriented elevators. These elevators are different from standard
elevators in that passengers indicate their floor destination,
typically using a keypad, when calling an elevator. The responding car
is programmed by the time of arrival to the destination. This system
allows more efficient utilization of elevators by reducing the number
of stops per trip. The revised guidelines require that these elevators
comply with the ASME/ANSI A17.1 safety standard and with most of the
requirements for standard elevators in 407.2. Different specifications
are provided for call buttons, hall signals, car controls, car position
indicators, and hoistway entrance designations. Provisions specific to
destination elevators require:
keypads, where provided instead of call buttons, to have a
standard phone keypad arrangement (407.3.1);
different visible and audible car arrival signals for each
car in a bank which correspond to those signals given when registering
a call so users know which car is responding to their call (407.3.2);
location of car controls, which typically include only
emergency controls, within 35 to 48 inches from the floor (since fewer
buttons are provided, the Board has retained the 48 inch maximum
instead of the 54 inch maximum specified for other elevators)
(407.3.3);
visual display of each floor at which a car has been
programmed to stop, and automatic verbal announcement of each floor the
car stops at (407.3.4); and
tactile identification of each car at the hoistway
entrance so persons with vision impairments can identify the car
responding to their call (407.3.5).
The revised guidelines also provide technical requirements for LULA
elevators. This type of elevator is typically smaller and slower than
other passenger elevators and is used for low-traffic, low-rise
installations, including residential facilities. The advisory committee
recommended that this type of elevator be allowed where a standard
elevator is not required. Since this kind of elevator requires less
space and costs less, the advisory committee reasoned that LULAs will
provide a more viable option in providing vertical access in multi-
story buildings not required to have an elevator. The technical
requirements for these elevators are provided in section 407.4.
Where provided, LULAs would be required to comply with the
applicable section of the safety code, ASME/ANSI A17.1, Chapter XXV.
Most of the requirements are the same as those for other elevators
except that LULAs are not subject to criteria for door timing, door
delay, or car position indicators. Provisions that differ from those
for other elevators concern doors, car size, and car controls. Low-
energy power-operated swing doors are permitted as an alternative to
sliding doors if they meet the ANSI/BHMA A156.19 standard and
requirements in section 404 of this guideline. They are required to
remain open for at least 20 seconds when activated. Sliding doors are
subject to door operation requirements of other elevators. A smaller
car size is permitted: 42 inches wide minimum and 54 inches deep
minimum (with a 36 inch minimum width allowed for installations in
existing facilities). Doors are required to be provided on the short
dimension. While considerably smaller than other elevators, these
dimensions are intended to approximate the maximum car size possible
for this type of elevator. Car controls are subject to the same
requirements as other elevators except that they must be installed on
the side wall.
The revised guidelines provide more detail than ADAAG on the
requirements for existing elevators that are altered. Section 407.5
provides requirements for other elevators that are altered if full
compliance with 407.2 is not undertaken. Such elevators are subject to
most of the requirements for new construction, but a variety of
allowances are included in 407.5 to recognize the potential difficulty
of bringing existing equipment into full compliance. In
[[Page 62266]]
section 407.5.4, smaller cars are permitted if they are at least 36
inches wide and 54 inches deep with a clear floor area of at least 16
square feet. The advisory committee recommended that a 48 inch minimum
depth be permitted, but the Board considers the 54 inch minimum depth
more appropriate in accommodating a wider range of mobility aids,
including scooters with a long wheel base. This specification replaces
provisions in ADAAG 4.1.6(3)(c) permitting smaller sized cars. This
section also:
does not require call buttons to be raised or flush,
unless new buttons are installed (407.5.1);
does not require existing hall signals to meet new
construction requirements for frequency (1500 Hz maximum) or decibel
levels (20 to 80 dBA), unless new signals are installed (407.5.2);
allows existing hoistway swing doors that are manually
operated or automatic if they provide a 32 inch minimum clear width and
have a maximum 5 pounds opening force, but requires that power-operated
car doors not begin to close until the hoistway door is closed
(407.5.3);
removes an exception in ADAAG 4.16(3)(c) that allows
existing safety door edges instead of automatic door reopening devices
which the advisory committee considered of little benefit (407.5.3);
allows existing control panels not to comply where a
fully-compliant panel is provided (407.5.5.4);
allows car control buttons to be recessed and provides
flexibility in the location of tactile markings at existing control
panels but requires that new panels fully comply (407.5.5);
allows existing car position indicators not to comply
(407.5.6); and
requires that accessible elevators be identified by the
International Symbol of Accessibility unless all elevators in a
building are accessible.
408 Wheelchair (Platform) Lifts
Requirements for wheelchair lifts are consistent with those in
ADAAG 4.11 in specifying ground and floor surfaces, clear floor space,
and operable parts. Like ADAAG, the revised guidelines require
compliance with the safety code for elevators and escalators, ASME/ANSI
A17.1, but references the most recent edition as indicated in section
105.2. The final rule will reference the ASME/ANSI A18.1 Safety
Standard for Platform Lifts and Stairway Chairlifts if the new standard
is published prior to the publication of the final rule. The revised
guidelines provide additional specifications for lift doors and gates
in section 408.2 that are not contained in ADAAG. These additional
specifications are designed to facilitate unassisted entry and exit.
Wheelchair lifts with doors or gates on opposing sides generally
facilitate lift use by permitting a forward approach to both entry and
exit doors or gates. The revised guidelines require lifts that do not
provide this ``pass through'' to have low energy, power-operated doors
or gates that meet the applicable requirements of the ANSI/BHMA A156.19
standard. As with LULA elevators, doors or gates are required to remain
open for at least 20 seconds when activated.
409 Accessible Means of Egress
The advisory committee recommended revising the criteria for
accessible means of egress to make them more consistent with model
building codes and standards. These changes serve to provide more
detail on the acceptable components of accessible means of egress.
Section 409.1 recognizes that an accessible route complying with
section 402 can be used as an accessible means of egress, except for
wheelchair lifts, which are not permitted as part of accessible means
of egress because they are not generally provided with standby power
that would allow them to remain functional in emergencies when power is
lost. New requirements are provided for the use of exit stairways and
elevators that are part of an accessible means of egress when provided
in conjunction with horizontal exits or areas of refuge meeting section
410. A horizontal exit is a fire-safety concept included in model
building codes that in effect creates an area of refuge. For example, a
story is divided into areas separated by a fire resistive wall. The
fire door in the wall is the horizontal exit and, in the event of a
fire, occupants can move away from the fire into the area that would be
protected by the fire resistive wall (model code requirements are based
on the assumption that fire will not occur in both areas
simultaneously).
Under section 409.2, exit stairways can serve as part of an
accessible means of egress if they contain an area of refuge or if they
can be accessed from either an area of refuge or a horizontal exit.
Such stairways must also meet the requirements for stairways in section
504 and, as required by ADAAG, have a minimum clear width of 48 inches
between handrails. The requirements for exit stairways are not
applicable to facilities not required to have areas of refuge (i.e.,
those protected throughout by a supervised automatic sprinkler system
and open parking garages) or to exit stairways that serve a single
guest room. Exit stairways accessed from a horizontal exit are not
required to provide the minimum 48 inch clear width.
While typical elevators are not designed to be used during
emergency evacuation, there are elevators that are designed with
standby power and other features according to the elevator safety
standard that can be used for evacuation. The revised guidelines
require such elevators as part of an accessible means of egress in
buildings where accessible floors are four or more stories above or
below the level of exit discharge (section 207.2). This is consistent
with model codes. Section 409.3 provides the technical criteria for
these elevators and requires standby power so that emergency or other
authorized personnel can use the elevator for evacuation after the loss
of primary electrical power. These elevators must meet requirements for
emergency operation and signaling devices in the elevator safety code
(ASME/ANSI A17.1, Rule 211). These elevators must be accessed from a
complying area of refuge or a horizontal access except in facilities
equipped throughout with a supervised automatic sprinkler system or
open parking garages, which are exempt from the requirement for areas
of refuge.
410 Areas of Refuge
The revised guidelines use the term ``areas of refuge'' instead of
``areas of rescue assistance'' and provides technical requirements that
would replace those in ADAAG 4.3.11. The revised guidelines introduce
some new requirements for areas of refuge and differ from ADAAG in not
listing each type of space that can serve as an area of refuge.
Requirements for location (410.2), construction (410.4), and smoke
resistance (410.5) replace the space-specific criteria in ADAAG
4.3.11.1. Section 410.2 introduces a maximum travel distance to an area
of refuge that is based on the travel distance permitted for the
occupancy by the administrative authority. This section also clarifies
that each area of refuge must have direct access to an exit stairway or
evacuation elevator.
Under section 410.4, smoke barriers separating areas of refuge from
the rest of the floor must have a minimum one-hour fire-resistance
rating, and doors in the smoke barrier must have a minimum 20 minute
fire-resistance rating. These requirements and others pertaining to
doors and openings, including those for heating, ventilation, and air
conditioning (HVAC) coincide with those in ADAAG as specified for areas
of rescue assistance based on their
[[Page 62267]]
location. Section 410.5 is more direct than ADAAG in requiring all
areas of refuge to be designed to prevent the intrusion of smoke. This
requirement does not apply to facilities protected throughout
(including areas of refuge provided although not required) by a
supervised automatic sprinkler system. Consistent with ADAAG, and the
model codes, special design requirements dealing with intrusion of
smoke is not required for areas of refuge located in exit stair
enclosures. A story-level landing within a fire resistance rated exit
enclosure will provide a satisfactory area for staging evacuation
assistance. Section 410.5 also specifies that where an elevator lobby
serves as an area of refuge, the hoistway and lobby must comply with
requirements for smoke-proof enclosures (unless the elevators are in an
area of refuge formed by a horizontal exit or smoke barrier). This is
consistent with ADAAG, but the revised guidelines recognize the use of
horizontal exits or smoke barriers in this situation. Also,
requirements in ADAAG 4.1.3.1(7) for activation, fire ratings, and
pressure differentials where elevator lobbies serve as areas of refuge
have not been included in the revised guidelines because they are
extensively addressed by contemporary building codes.
Requirements for size (410.3), communication system (410.6),
instructions (410.7), and identification (410.8) are consistent with
ADAAG. Section 410.7 provides greater detail on the type of
instructions required in areas of refuge. Instructions must include
directions to other means of egress, urging people to use exit stairs
if they can, information on evacuation assistance and how to summon it,
and directions for using the required two-way communication system.
Question 23: Section 410.6 requires that emergency communication
systems have visible signals in addition to audible signals so that
limited communication access is provided for people who are deaf or
hard of hearing. Use of two-way communication systems is recognized but
not required. As with elevator communication systems, the Board seeks
information and product literature on emergency communication devices
and communication technologies that provide two-way communication in a
manner accessible to people who are deaf and others who cannot use
voice communication. The Board will consider adding a requirement for
more interactive emergency communication devices that provide such
access if they are presently available and if the costs and benefits
can be demonstrated.
Chapter 5: General Site and Building Elements
Chapter 5 contains requirements for accessible parking and
passenger loading zones, stairways, and handrails.
502 Parking Spaces
This section is substantively consistent with ADAAG 4.6, except for
changes concerning identification of van spaces and accessible routes.
Requirements in 502.6 for the identification of spaces have been
revised by adding a specific mounting height (60 inches above the
ground measured to the bottom edge of the sign); ADAAG 4.6.4 requires
signs to be located so that they are not ``obscured by a vehicle
parking in the space.'' In addition, the requirement that van spaces be
designated as ``Van-accessible'' has been removed. The advisory
committee recommended this action because this designation has been
misinterpreted as reserving spaces solely for van users when in fact it
was intended only to identify those spaces better suited for van use. A
requirement in ADAAG that parked vehicle overhangs not reduce the clear
width of connecting accessible routes has been removed as it is
redundant with the requirement for clear width.
Other revisions have been made in sections 502.3 and 502.4 to
clarify that:
access aisles are to be marked;
changes in level beyond the maximum 1:48 slope are not
permitted for either the space or the access aisle; and
the access aisle must be at the same level as the parking
space.
Requirements for the location of accessible parking in ADAAG 4.6.2
have been relocated to Chapter 2 at 208.4 since these provisions
contain scoping information.
503 Passenger Loading Zones
Requirements for passenger loading zones are based on those
contained in ADAAG 4.6.6. Unlike the scoping provisions in 209, the
technical criteria of this section have not been significantly changed.
Requirements have been added in section 503.3 and 503.4 to clarify
that:
access aisles are to be marked;
changes in level beyond the maximum 1:48 slope are not
permitted for either the space or the access aisle; and
the access aisle must be at the same level as the parking
space.
504 Stairways
Two new provisions have been added to the requirements for stairs
contained in ADAAG 4.9. In section 504.2, a riser height of 4 to 7
inches is specified, consistent with some model codes and the ICC/ANSI
A117.1 standard. ADAAG requires a uniform riser height but does not
specify a dimension. Section 504.4 permits an allowable slope up to
1:48 for tread surfaces to allow for drainage and prohibits changes in
level on treads. ADAAG does not address tread slope.
505 Handrails
Requirements for handrails at ramps and stairs in ADAAG 4.9.4,
4.8.5, and 4.26 have been combined into one subsection in the revised
guidelines. An exception in 505.2 from the requirement for handrails on
both sides of aisle ramps has been expanded to include aisle stairs
since the revised scoping for stairs is likely to cover stairs not
covered by ADAAG. However, this exception has been limited to one
handrail, whereas ADAAG currently exempts both handrails.
In sections 505.3 and 505.4, revisions have been made to clarify
that handrails are not required to be continuous at aisle seating and
that the handrail height is to be consistent along a stairway or ramp.
In section 505.5, the 1\1/2\ inch knuckle clearance in ADAAG has been
changed from an absolute to a minimum dimension. The advisory committee
recommended this change because an absolute or maximum clearance is
intended to prevent entrapment; this rationale was considered more
pertinent to grab bars than to handrails. Also, some building codes
require a clearance greater than 1\1/2\ inches. Another difference
concerns specifications for gripping surfaces in section 505.6. The
revised guidelines specify what is considered a ``continuous'' gripping
surface by defining allowable interruptions by handrail brackets or
balusters. Under this provision, surface interruptions are not
considered obstructions if they obstruct no more than 20% of the
handrail length; have horizontal projections beyond the sides of the
handrail at least 2\1/2\ inches below the bottom of the handrail; and
edges have a \1/8\ inch minimum radius.
Many questions have arisen about the ADAAG specification in 4.26.2
for handrail diameter of 1\1/4\ to 1\1/2\ inches (indicated in Figure
39 as the outside diameter) particularly in the use of pipe. Section
505.7 changes this range to 1\1/4\ to 2 inches and clarifies its
application to the outside diameter. The advisory committee pointed to
studies that show a larger cross-section is more graspable and allows a
stronger grip. This section also provides more specific guidance on
acceptable alternatives to the specified circular cross-section. Non-
circular
[[Page 62268]]
cross-sections are permitted that have a perimeter dimension between 4
to 6\1/4\ inches and a cross-section diameter of 2\1/4\ inches maximum.
Section 505.10 covers handrail extensions and clarifies that they are
not required at handrails in aisles serving seating where handrails are
necessarily discontinuous.
Chapter 6 Plumbing Elements and Facilities
Chapter 6 provides technical requirements for plumbed fixtures and
toilet and bathing rooms and replaces those for such elements and
spaces in ADAAG 4.15 through 4.24.
Previously adopted amendments to ADAAG that provide alternate
specifications for building elements designed for children's use are
included in the revised guidelines. These specifications address
drinking fountains, water closets, toilet compartments, lavatories and
sinks. The provisions have been editorially revised to fit into the new
format of the revised guidelines but remain substantively the same. As
with the current ADAAG, these provisions are provided as exceptions to
requirements that are based on adult dimensions. Use of the alternate
specifications, while optional, will be driven where an element or
space is designed specifically for children's use. The alternate
specifications address clear floor space at drinking fountains (602.2),
water closets and toilet compartments (604.1, 604.9), grab bar heights
(609.3), and knee clearances at lavatories and sinks (606.2).
ADAAG 4.1.3(11) permits toilet rooms provided for the use of
occupants of specific spaces, such as the private toilet room for the
occupant of a private office, to be ``adaptable.'' Adaptable refers to
design that allows certain access features, such as grab bars, to be
added or altered after construction when needed to accommodate a person
with a disability. The revised guidelines retain this provision but
provide more guidance on the type of spaces covered and on what
constitutes ``adaptability'' throughout Chapter 6. Instead of relying
on a general scoping provision as in current ADAAG, the revised
guidelines provide a series of exceptions to technical criteria for
doors to toilet and bathing rooms (603.2.3), toilet seat heights
(604.4), grab bars at water closets (604.5), bathtubs (607.4), and
showers (608.3), and lavatory knee clearance and counter heights
(606.2, 606.3). These exceptions are applicable to toilet and bathing
rooms ``for a single occupant, accessed only through a private office
and not for common or public use.''
602 Drinking Fountains and Water Coolers
Requirements for drinking fountains and water coolers derive from
those in ADAAG 4.15. Like ADAAG, a forward approach is required at
wall- or post-mounted, cantilevered units in section 602.2. A parallel
approach is permitted at other types of units, such as those that are
floor-mounted.
Question 24: A forward approach to drinking fountains provides
easier access than a parallel approach. Should a forward approach,
which includes knee and toe clearances below the unit, be required at
all drinking fountains for adults that must be accessible? Such a
requirement may be included in the final rule.
It is also specified that clear floor space for either a forward or
parallel approach ``be centered on the unit,'' a stipulation not
contained in ADAAG but that is consistent with the intent of the clear
floor space requirement for a forward approach. ADAAG 4.15.4 requires
that controls meet operation requirements and be mounted at the front
of the unit or on the side near the front edge. The revised guidelines
require operable parts to meet section 309, which not only covers the
operation requirements but also requires location within the applicable
forward or side reach range.
ADAAG 4.15.3 requires the spout to be at the front of the unit.
Section 602.5 is more specific on the spout location and requires the
location based on the approach provided; no more than 5 inches from the
front edge (including bumpers) and at least 15 inches from the vertical
support at units with a forward approach and 3\1/2\ inches maximum from
the front edge (including bumpers) at units providing a side approach.
Additional specification is provided for the water flow based on
requirements in the ICC/ANSI A117.1 standard. Like ADAAG 4.15.3, the
water flow must be at least 4 inches high to allow insertion of a cup
or glass under the flow. ADAAG is more specific with respect to round
or oval bowls, which are required to have spouts positioned so that the
water flow is within 3 inches of the front edge of the unit. Section
602.6 of the revised guidelines specifies the maximum angle of the
water flow measured horizontally relative to the front face of the unit
(30 degrees where the spout is located within 3 inches from the front
and 15 degrees where the spout is located within 3 to 5 inches from the
front).
The advisory committee recommended removing access requirements for
people who have difficulty bending or stooping, in part because ADAAG
does not provide any technical criteria for such access. The Board has
retained a requirement for standing access at a portion of units and
has provided in section 602.7 a requirement for the spout height (39 to
43 inches measured from the floor or ground to the spout outlet). This
range is based on the height of certain drinking fountain models
currently available in the marketplace.
603 Toilet and Bathing Rooms
This section contains requirements for toilet and bathing rooms
found in ADAAG 4.22 and 4.23 with several substantive revisions. Like
ADAAG, section 603.2.3 prohibits doors from swinging into the clear
floor space required for any fixture. However, an exception from this
requirement has been provided for individual-use toilet and bathing
rooms where clear floor space for an occupied wheelchair is provided
beyond the arc of the door swing. The advisory committee felt that the
rationale for the ADAAG requirement is most relevant to multi-user
toilet or bathing facilities and that in single-user facilities,
wheelchair space beyond the arc of the door swing is sufficient. This
exception in no way affects the requirement in 603.2.1 for wheelchair
turning space. That requirement is applicable to single- and multi-user
toilet rooms. For those facilities designed to serve a single occupant
accessed only through a private office and not for public or common
use, a second exception allows the door to swing into fixture clear
floor space where the swing of the door can be reversed. Section 603.4
provides a new requirement that coat hooks and fold-down shelves, where
provided, be accessible. Coat hooks must be within the accessible reach
ranges specified in section 308, and fold-down shelves are to be
mounted from 40 to 48 inches above the floor. (This requirement is also
restated for toilet compartments at 604.8.3.) In addition, a
requirement for the height of mirrors in the ADAAG section on
lavatories (4.19) has been relocated to this section at 603.3.
604 Water Closets and Toilet Compartments
This section integrates requirements in ADAAG 4.16 and 4.17 for
water closets and toilet compartments. Requirements in 604.2 through
604.7 apply to water closets, including those located in toilet
compartments, and requirements in 604.8 are specific to toilet
compartments. Section 604.9 provides criteria for toilet compartments
designed according to children's
[[Page 62269]]
dimensions as an optional alternative to the requirements based on
adult dimensions in section 604.8.
Substantive changes are proposed for the location of water closets
and clear floor space at water closets. Section 604.2 specifies that a
water closet centerline be located 16 to 18 inches from the adjacent
side wall. This differs from ADAAG which requires an 18 inch absolute
dimension in 4.16.2 (Figure 28). The advisory committee considered the
absolute dimension overly restrictive and pointed to early studies that
indicate closer placement is acceptable. Section 604.3 requires that
the clear floor space at water closets be at least 60 inches wide and
56 inches deep and prohibits any other obstruction or fixture other
than the water closet, grab bars, and tissue dispensers from
overlapping this space. ADAAG Figure 28 specifies the same clear floor
space dimension but allows lavatories on the same plumbing wall to be
mounted as close as 18 inches to the centerline of the water closet. In
this case, ADAAG specifies clear floor space at the water closet 48
inches wide minimum (instead of 60 inches) and, in the case of a
forward approach, at least 66 inches deep (instead of 56 inches). While
the clear floor space at the lavatory ensures additional space near the
water closet, the closer placement of the lavatory effectively
prohibited space for side transfers to the water closet. In practice,
the lavatory cannot be placed as close as shown in ADAAG Figure 28 due
to the rear grab bar which must be at least 36 inches long unless the
grab bar overlaps the lavatory. Also, the advisory committee noted that
the lavatory should not be used to support the weight of a person
transferring since lavatories are not required to provide structural
support, and they do not provide adequate hand holds. For these
reasons, the advisory committee recommended that fixtures, including
lavatories, not be permitted to overlap the 60 inch wide space at water
closets. This will allow space for side transfers at all accessible
water closets. Under this change, the space saved by locating a
lavatory closer to the water closet on the same plumbing wall could
only be accomplished by recessing the lavatory so that it does not
overlap the clear floor space at the water closet.
Revisions are made to requirements for the rear grab bar, flush
controls, and toilet paper dispensers. Consistent with ADAAG 4.16.4,
the rear grab bar must be at least 36 inches long. However, section
604.5.2 permits a shorter grab bar of 24 inches if wall space is not
available for a 36 inch grab bar. This provision will accommodate a
recessed lavatory on the plumbing wall and thereby recover space in the
toilet room. Section 604.6 requires flush controls to be within the
accessible reach ranges (48 inches maximum for a forward approach)
instead of the 44 inch maximum permitted by ADAAG 4.16.5. With respect
to toilet paper dispensers, ADAAG 4.16.6 specifies a minimum height of
19 inches. Section 604.7 changes this dimension and provides further
detail on the location. Dispensers must be 7 to 9 inches in front of
the water closet (measured to the dispenser centerline) and must be
between 15 and 48 inches above the floor and mounted so that there is a
minimum clearance of 1\1/2\ inches below or 12 inches above the side
grab bar. Most extra large dispensers do not meet these requirements
because they block use of grab bars or are too low or too high to
comply with ADAAG reach ranges. Toilet paper dispensers are subject to
requirements for operable parts in 309.4 (operable with one hand
without grasping, pinching, twisting of the wrist, or a force of more
than 5 pounds).
Section 604.8 provides requirements for toilet compartments.
Section 604.8.1 covers wheelchair accessible compartments, and section
604.8.2 covers compartments providing access for people who are
ambulatory. These requirements are based on those in ADAAG 4.17,
4.22.4, and 4.23.4. ADAAG 4.17.3 permits alternate smaller compartment
designs in alterations where providing a standard wheelchair accessible
stall is not technically feasible. These designs permit a considerably
narrower compartment (36 or 48 inches instead of 60 inches minimum) in
exchange for more depth (an additional 10 inches). These alternate
designs are not included in the revised guidelines for two reasons. The
advisory committee did not believe the alternate stall designs provide
sufficient wheelchair access because they fail to accommodate the most
common diagonal or side transfers. In addition, the Board has sought to
limit alternate specifications based on technical infeasibility as
discussed at section 202 above.
Section 604.8 states that toilet compartments with more than one
plumbing fixture are required to comply with requirements in section
603 for toilet rooms to ensure access to each fixture. For example, if
a lavatory is located within a compartment, it would have to be
installed so as not to overlap the minimum 60 inch wide clear floor
space at the water closet and wheelchair turning space would be
required within the compartment. Revisions to the requirements for
water closets in section 604.2 through 604.7 apply to those located in
toilet compartments as well.
Wheelchair accessible compartments are based on the requirements
for ``standard'' stalls in ADAAG 4.17 and Figure 30. Requirements for
doors and toe clearance have been slightly modified. Section 604.8.1.2
requires doors to be self-closing and to have accessible door pulls on
both sides of the door near the latch. These requirements are not
provided in ADAAG and have been added to facilitate access. ADAAG
4.17.4 specifies toe clearance at least 9 inches high below a side and
the front partition unless the stall is deeper than 60 inches. Section
604.8.1.4 addresses the minimum depth for this clearance (6 inches
beyond the compartment-side face of the partition) which is consistent
with other requirements for toe space. This section permits the toe
space to be added to the compartment if partitions provide less than 9
inches clearance.
Requirements in 604.8.2 for compartments providing ambulatory
access are consistent with requirements in ADAAG 4.22.4 and 4.23.4
except for several changes. With respect to size, the section 604.8.2.1
of the revised guidelines specifies a minimum depth (60 inches) whereas
ADAAG does not. Consistent with requirements for wheelchair accessible
compartments, section 604.8.2.2 requires that compartment doors have an
accessible pull on both sides near the latch. Also, compartment doors
are prohibited from swinging into the minimum required compartment
area, which may permit an inward swinging door where the compartment
depth is sufficiently increased; ADAAG requires that such compartments
have outward swinging doors.
605 Urinals
Requirements for urinals are based on those in ADAAG 4.18. ADAAG
requires an ``elongated'' rim of an unspecified dimension. The advisory
committee considered this requirement as indistinguishable from
standard rims and recommended its removal. The Board instead has sought
to clarify this provision by specifying a minimum dimension of 13\1/2\
inches, measured from the outer face of the urinal rim to the back of
the fixture. A requirement permitting a minimum clearance between
urinal shields of 29 instead of 30 inches where shields do not extend
beyond the rim has been removed.
606 Lavatories and Sinks
The revised guidelines combine into one section technical criteria
for
[[Page 62270]]
lavatories in ADAAG 4.19 and for sinks in ADAAG 4.24. Provisions for
clear floor space in 606.2 revise several ADAAG requirements. The
requirement for a minimum 29 inch high apron clearance has been removed
because without a specified depth the effectiveness of this requirement
is questionable. This change also makes the provision consistent with
knee clearance requirements for other elements, such as tables and
counters. Clarification has been added that the dip of the overflow can
project into the knee and toe clearances since the effect on access is
considered negligible. Clarification has been added, consistent with
the Board's interpretation of ADAAG, that the required knee and toe
clearance need only be applied to one bowl of a multi-bowl sink. The
Board has removed a specification for sinks in ADAAG 4.24.4 for a
maximum bowl depth of 6\1/2\ inches since required knee clearances and
counter heights effectively govern this dimension. ADAAG requires that
lavatory and sink faucets meet requirements for operable controls in
ADAAG 4.27.4 and lists acceptable types (e.g., lever, push,
electronically controlled). Section 606.4 requires compliance with 309,
which not only covers operating characteristics but also accessible
reach ranges. References to acceptable faucet types, which are non-
mandatory in nature, have been relocated to an advisory note.
607 Bathtubs
This section corresponds to requirements in ADAAG 4.20 with several
revisions concerning clear floor space and shower spray units. Section
607.2 covers clear floor space and requires that it extend at least 12
inches beyond permanent seats provided at the head end of the bathtub.
ADAAG Figure 33(b) does not require this additional space and permits
the clear floor space to extend only to the end of the seat. This
requirement was added so that sufficient space is available for persons
using wheelchairs to more properly align themselves with the tub seat
for transfer. In section 607.6, the minimum length of the hose for the
shower spray unit has been reduced one inch to 59 inches to accommodate
metric-based industry conventions. The Board has added a requirement
that shower spray units have a water on/off control for greater access.
In this section, clarification has been added that where a vertical bar
is used to provide an adjustable-height shower unit, the bar must be
installed so as not to obstruct the use of grab bars. Similar revisions
to the requirements for shower spray units are provided for shower
compartments as well in section 608.6.
608 Shower Compartments
Like ADAAG 4.21, this section provides requirements for transfer-
type showers and for roll-in showers. ADAAG Figure 57 shows a specific
type of roll-in shower equipped with a seat that is required in a
portion of accessible guest rooms in transient lodging facilities. This
design is incorporated into section 608 and can be used in other types
of facilities as well to provide an accessible shower compartment.
Substantive changes have been made concerning water temperature,
shower spray units, and curbs. Section 608.6 provides a new requirement
for thermal shock protection (to 120 degrees Fahrenheit maximum). ADAAG
4.21.6 provides an exception that fixed shower heads 48 inches high
maximum can be used instead of the required hand held unit in
``unmonitored facilities where vandalism is a consideration.'' This
exception has been removed due to a lack of clarity on the types of
facilities that qualify for this exception. Section 608.7 permits curbs
up to \1/2\ inch provided that those above \1/4\ inch are beveled with
a slope of 1:2 maximum. This differs from ADAAG 4.21.7 which permits
such a curb (although without beveling) at transfer-type showers but
not at roll-in showers. The advisory committee felt that a beveled curb
will allow access into roll-in showers while permitting a change in
level that can help keep water in the compartment, a common concern
with roll-in showers. This provision is consistent with requirements
for changes in level in section 303.3.
Other revisions have been made to clarify that:
where multiple grab bars are used instead of a single
continuous grab bar from wall to wall, they must be installed at the
same height (608.3);
shower seats can be attachable or integral (608.4);
controls, faucets, and shower spray units must be
installed on the rear wall at showers with seats so that they are
within reach from the seat (608.5); and
shower spray units in transfer-type showers must be 15
inches maximum from either side of the centerline of the seat (608.5).
609 Grab Bars
Grab bar specifications are consistent with those in ADAAG 4.26,
including required mounting heights at toilet and bathing fixtures
shown in ADAAG Figures 29, 30, 34, and 37. Like ADAAG 4.26.2, a
diameter between 1 and 1\1/2\ inches is required, but section 609.2
provides further specifications for allowable shapes providing an
equivalent gripping surface: a 2 inch maximum cross-section dimension,
a perimeter dimension between 4 and 4-\11/16\ inches, and edges with a
\1/8\ inch minimum radius. This section also provides a minimum
clearance of 15 inches above grab bars (although a 1\1/2\ inch
clearance is allowed between grab bars and shower controls, shower
fittings, and other grab bars). Consistent with the ICC/ANSI A117.1
standard, clarification is provided in section 609.6 that grab bars can
be installed in any manner that provides a gripping surface at the
specified locations and that does not obstruct clear floor space.
610 Seats
Requirements for bathtub and shower seats are based on ADAAG
requirements in 4.20.3 and 4.21.3. Section 610.2 addresses bathtub
seats and requires removable seats to be 15 inches deep minimum to 16
inches deep maximum and permanent head-end seats to be 15 inches deep
minimum. A height of 17 to 19 inches is required. This differs from
ADAAG which does not specify a width for removable seats or a height,
and requires an absolute dimension of 15 inches for head-end seats.
Section 610.3 covers shower seats and allows a rectangular shaped
seat in addition to the L-shaped seat specified in ADAAG Figure 36.
Rectangular seats, like removable tub seats, must be 15 inches deep
minimum to 16 inches deep maximum. This section provides more
specification than ADAAG for the size of L-shaped seats. ADAAG Figure
36 provides maximum dimensions for this type of seat. The revised
guidelines provide minimum dimensions consistent with the ICC/ANSI
A117.1 standard. A specification also has been added requiring that the
seat extend from the back wall to a point within 3 inches of the
compartment entry or seat wall width to reduce problems from water
infiltration. The maximum distance of the seat from the seat wall has
been increased from 1\1/2\ to 2\1/2\ inches.
Question 25: The revised guidelines more clearly permit a choice
between rectangular and L-shaped seats for transfer and roll-in shower
stalls. Is one shape more usable and accessible than the other?
611 Laundry Equipment
New requirements are provided for washing machines and clothes
dryers, equipment ADAAG does not address. These requirements are based
on the ICC/ANSI A117.1 standard. This section
[[Page 62271]]
requires clear floor space for a parallel approach (611.2), accessible
operable parts (611.3), and the height of appliance openings: 34 inches
maximum above the floor for top-loading machines and between 15 to 34
inches for front-loading machines (611.4).
Chapter 7: Communication Elements and Features
This chapter provides technical criteria for communication elements
such as fire alarms, signs, telephones, assistive listening systems,
and automatic teller machines (ATMs) and fare machines. Extensive
revision of requirements is proposed for these elements, particularly
fire alarm systems, signs, and ATMs and fare machines.
702 Fire Alarm Systems
This section is vastly different from ADAAG 4.28 in providing
updated and more detailed criteria for the visual component of fire
alarm systems. The advisory committee based its recommendations on
information developed by a coalition of organizations representing
people who are deaf or hard of hearing or who have epilepsy, the fire
alarm industry, and Underwriters Laboratories, Inc. (UL). The
recommendations represent the goal of updating specifications for
alarms to improve protection of people who are deaf or hard of hearing
while minimizing the effect on persons with photosensitive epilepsy.
Through coordination with the National Fire Protection Association
(NFPA) and ANSI, which were represented on the advisory committee, the
proposed criteria are virtually identical to updated requirements in
the NFPA 72 (1996) and the ICC/ANSI A117.1 standards.
Specifications for audible alarms in ADAAG 4.28.2 have been revised
as well. The maximum sound level for alarms is reduced from 120 to 110
decibels as more appropriate and to guard against tinnitus.
Question 26: ADAAG does not address the frequency of audible
alarms. The Board requests information on the optimal frequency range
for people who are hard of hearing. Responses should include, where
possible, supporting data indicating the benefit to people who are hard
of hearing and others.
Requirements for visual alarms are provided in section 702.3. In
section 702.3.1, the maximum flash rate has been reduced from 3 Hertz
(Hz) to 2 Hz. Research conducted by the coalition found a minimum flash
rate of 1 Hz to be the slowest rate that does not significantly
increase reaction time of people who are deaf or hard of hearing. Flash
rate is considered the primary factor affecting persons who are
photosensitive. A 1 Hz flash rate is considered sufficient; an
allowance up to 2 Hz is specified to allow a tolerance for
manufacturing and field conditions. New language clarifies the
parameters over which an appliance must meet the specified flash rate
since changes in voltage can affect the flash rate.
New criteria are provided in section 702.3.2 for light dispersion
which address the required percentage of rated intensity at various
angles from the visual appliance. The requirements, provided in table
form (Tables 702.3.2.1 and 702.3.2.2) distinguish wall- and ceiling-
mounted appliances and are based on UL 1971, Signaling Devices for the
Hearing Impaired. ADAAG does not provide criteria for dispersion of
visual alarms. Section 702.3.4 addresses the required location of
appliances. Wall-mounted appliances are required to be 80 to 96 inches
above the floor (measured to the bottom of the appliance), except that
appliances that are part of a smoke detector are to be located 4 to 12
inches from the ceiling (measured to the top of the smoke detector).
These revisions are consistent with NFPA 72, including the mounting
height for smoke detectors. ADAAG 4.28.3 does not specifically address
visual appliances integrated with smoke detectors and specifies an
absolute height of 80 inches (or 6 inches below the ceiling, whichever
is lower). However, photometric calculations of lamp intensity for
mounting heights of 80 and 96 inches show only nominal differences and
are practically equivalent. Further, the ADAAG height specification is
considered too restrictive. Ceiling-installed appliances are required
to be 30 feet maximum above the floor.
Section 702.3.4 provides new requirements under which the minimum
lamp intensity is determined by the size of the area served. These
specifications serve to minimize the number of appliances in a room or
space in order to prevent the cumulative flash rate of multiple
strobes, which can affect people with photosensitive epilepsy. Multiple
appliances are allowed only where coverage by a single appliance is not
possible due to room size, shape, construction or furnishings. In this
case, criteria are provided to prevent the effective flash rate from
posing a hazard: placement of two appliances on opposing walls,
synchronization of flashes, or minimum separation between appliances
(55 feet in any 135-degree field of view) in rooms 80 feet by 80 feet
or greater. The minimum required effective intensity is specified in
table form (Tables 702.3.4.2 and 702.3.4.3) for wall-and ceiling-
mounted appliances based on the size of the covered area and the
permitted number of appliances. These specifications are based on NFPA
72 criteria. The minimum intensities are based on the rule that
illumination from a light source will vary in proportion to the square
of the distance to the light source. Combined with the dispersion
requirements, a minimum 0.0375 lumens per square foot is provided
throughout the covered areas. As such, appliances with an effective
intensity of 15 candela are allowed in small spaces. ADAAG 4.28.3
requires a minimum 75 candela with a general maximum separation of 50
feet. The criteria of the table are based on location of wall-installed
appliances at the midpoint of the longest side of the area served and
the location of ceiling-installed appliances at the center point of the
covered area. Alternate specifications for the minimum effective
intensity are provided for appliances located elsewhere.
Section 702.3.5 provides revised requirements for the spacing and
intensity of appliances located in corridors. Corridors 20 feet or less
in width are required to have appliances with a minimum effective
intensity of 15 candela spaced from 50 to 100 feet apart and located no
more than 15 feet from each end of the corridor. Interruptions in the
concentrated viewing path, such as elevation changes, are to be treated
as the end of the corridor. Corridors greater that 20 feet in width are
treated like other spaces. This differs from ADAAG 4.28.3 which
specifies a maximum corridor spacing of 50 feet and a minimum effective
intensity of 75 candela. The intensity and greater spacing are
permitted because the linear nature of corridors allows a direct view
of appliances and the spacing requirements serve to minimize the number
of appliances within view for the benefit of people who are
photosensitive.
Like ADAAG 4.28.4, criteria specific to visual alarms in guest
rooms are provided. Significant changes have been made. ADAAG technical
requirements for ``auxiliary'' alarms in effect permit use of portable
types of alarms. Use of portable devices have proven unsatisfactory in
that the responsibility for installing such devices has fallen to
guests. Persons needing these devices also do not have the benefit of
knowing whether the device is ready to function properly. Section
702.3.6 revises the criteria for guest room applications to
[[Page 62272]]
require permanent installation of visual alarms. Visual alarms
activated by smoke detectors and the building fire alarm system, where
provided, are required, and signaling must be supervised. One appliance
can be used for activation by both smoke detectors and the building
alarm system so long as the building alarm system is not activated by
the smoke detector. This interconnection has not been embraced by the
fire alarm industry due to technical differences between the two
systems. However, this interconnection is only permitted where smoke
detector activation does not trigger the building alarm system. Greater
detail is also provided on the location of appliances. ADAAG 4.28.4
requires the signal to be ``visible in all areas of the unit.'' The
revised guidelines, consistent with NFPA 72, specifies placement and
intensity considered necessary to awake sleeping persons. Appliances
must be no more than 16 feet from the location of the head end of the
bed, measured horizontally. The Board has added clarification that
appliances must be directly or indirectly visible in all parts of the
sleeping room or suite. Appliances must have minimum effective
intensity of 110 candela (if more than 2 feet below the ceiling) and
177 candela (if less than 2 feet below the ceiling). ADAAG requires a
75 candela minimum. The increased candela requirements are considered
necessary to awaken people asleep, with an even greater increase
provided for appliances closer to the ceiling.
703 Signs
The technical section on signs, like the section on alarms,
represent significant departures from ADAAG. This section provides more
detailed requirements for signs than ADAAG 4.30. The technical criteria
proposed were developed by the ANSI A117 Signage Task Force. The
advisory committee recommended adoption of the task force's
requirements with some modifications. The task force sought to update
requirements for signs to improve access for the widest range of users
and to provide specifications that were clear, direct, and less likely
to be misinterpreted. While striving to prohibit undesirable design
characteristics and to make more specific what constitutes accessible
signs, the task force also wanted to provide requirements in a way that
would allow considerable design flexibility.
Requirements are provided for signs read by touch and for signs
read visually. Scoping provisions in section 216 require permanent
designation of permanent rooms and spaces to meet requirements for both
tactile and visual access. This is a substantive change from ADAAG
4.1.3(16) which requires that such signs comply mainly with
specifications for tactile access only. The signage task force
considered this requirement insufficient for visual access. Section 703
requires both types of access but allows a choice: permanent signs can
comply with section 703.2 which provides requirements for both tactile
and visual access achievable in one sign or access can be provided
separately through two signs, one that is tactile in accordance with
703.3 and one that is visual in accordance with 703.4. There are some
differences between the requirements for combined tactile-visual signs
and those provided separately, which represent slight compromises in
the desired level considered necessary for signs providing both tactile
and visual access. In either case, tactile signs are required to
contain Braille complying with 703.5, and pictograms, where required to
be tactile, must meet requirements in 703.6.
Signs that provide direction to, or information about, spaces or
facilities, are subject to the requirements in section 703.4 for visual
access, which is consistent with ADAAG 4.1.3(16). Required symbols of
access are provided in section 703.7.
Requirements in 703.2 for signs providing both tactile and visual
access specify:
A non-glare finish and light-on-dark or dark-on-light
contrast between characters and their background (703.2.1);
Tactile characters raised at least \1/32\ inch with a
minimum \3/8\ inch separation from raised borders or other decorative
elements where provided (703.2.2);
Tactile characters must be upper case, sans serif, \5/8\
to 2 inches high, and meet requirements for character width and stroke
thickness (703.2.3);
Minimum spacing between characters (703.2.4) and lines of
text (703.2.5); and
Sign mounting height (703.2.6) and location (703.2.7).
The specifications for finish and contrast are similar to those in
ADAAG 4.30.5 except that references to ``eggshell'' and ``matte'' as
non-glare finishes have been removed because this is not always the
case. For example, matte stainless steel is not generally considered
``non-glare.''
Requirements in 703.2 for tactile characters, character forms, and
character and line spacing differ from ADAAG 4.30 in that:
The minimum \3/8\ inch separation between raised
characters and borders or other decorative elements is new and is
designed to limit interference with tactile reading (703.2.2);
Only sans serif fonts are allowed and italic, oblique,
script and other highly decorative styles are clearly prohibited (ADAAG
allows ``simple'' serif forms; a term without specific meaning in the
industry that has been removed for both clarity and improved access)
(703.2.3.2);
The specified character width of 55% to 110% of the
character height is slightly different than the 60% to 100% ADAAG
requires, but the characters specified for determining the new
proportions (upper case ``O'' for width and upper case ``I'' for
height), which are based on industry convention, make the effect of
this change negligible (703.2.3.3);
The character height is based on the upper case ``I''
instead of the upper case ``X'' ADAAG specifies (703.2.3.4);
A character (the upper case ``I'') is specified for
determining stroke thickness (703.2.3.5);
The maximum stroke thickness has been reduced from 20% to
15% of the character height since thinner strokes are easier to read
tactually (703.2.3.5);
More specific guidance is provided for the stroke
thickness of raised characters with beveled or rounded cross sections
in recognition that they are perceived visually by the full (i.e.,
base) dimension and tactually by the top dimensions (ADAAG requirements
for stroke thickness do not apply to raised characters) (703.2.3.5);
and
Specifications for character spacing (\1/8\ to \3/8\
inches), with additional guidance for beveled or raised characters, and
for line spacing (135% to 170% of character height) are new and address
both visual and tactual legibility (703.2.4 and 703.2.5).
There are changes in the mounting height and location of signs.
Characters are required to be installed between 48 and 60 inches high
measured from the baseline of characters. ADAAG 4.30.6 specifies
tactile signs to be centered at 60 inches above the floor, a
specification that was considered inadequate because it does not
regulate the location of characters and can permit characters located
outside the proper reach range. Like ADAAG, tactile signs are required
on the latch side of doors or, if no wall space is available, on the
nearest adjacent wall. An exception is provided for signs located on
the push side of doors that have closers but that do not have devices
that hold the door open. The revised guidelines requires that signs be
located
[[Page 62273]]
on the right side at double doors, a more uniform location that can
make them easier to locate tactually. Clear floor space of 18 by 18
inches minimum centered on the sign is required beyond the arc of the
door swing, which clarifies the requirements in ADAAG 4.30.6 that signs
be located so one can ``approach within 3 inches of signage without
encountering protruding objects or standing within the swing of a
door.''
Where separate tactile and visual signs are provided to convey the
same information, the requirements for tactile-only signs in section
703.3 are different in several respects:
There are no requirements for finish and contrast;
A smaller character height of \1/2\ to \3/4\ inches is
required (instead of \5/8\ to 2 inches as specified for combination
signs and by ADAAG) because it is believed that smaller characters are
easier to read tactually (703.3.2.4);
Only a maximum stroke width (15%) is specified because
information indicates that the thinnest possible stroke is preferred by
people who read tactually (703.3.2.5); and
Closer character spacing of \1/8\ to \1/4\ inches is
required as preferable for tactual reading (spacing up to \3/8\ inches
is allowed for combination tactile-visual signs) (703.3.3).
Visual signs provided separately from tactile signs are held to
different criteria considered optimal for visual legibility. Under
section 703.4, these signs are subject to the same requirements for
finish and contrast, character width, and line spacing. Criteria for
raised letters, including mounting location, do not apply. Requirements
for character forms and spacing, line spacing, and mounting height are
considerably different:
Lower case characters are permitted, as in ADAAG, because
words in all upper case are considered difficult to read visually
(703.4.2.1);
``Conventional'' character styles are specified, which can
include fonts with serifs because serifs do not necessarily reduce
visual readability, although italic, oblique, script and highly
decorative forms are prohibited (ADAAG does not specify the style of
non-tactile characters) (703.4.2.2);
A range for the minimum character height of \5/8\ inch to
more than 3 inches is specified in Table 703.4.2.4 according to sign
height and the viewing distance, information much more detailed than
ADAAG 4.30.3, which requires characters to be ``sized according to the
viewing distance'' although a 3 inch minimum is specified for signs 80
inches or more above the floor (703.4.2.4);
The maximum character stroke thickness (30% of the
character height) is greater than that specified for tactile signs
(15%) or in ADAAG (20%) (703.4.2.5);
Character spacing between 10% to 35% of the character
height differs from the spacing for tactile signs (703.4.3); and
A minimum mounting height of 40 inches is required, which
differs from the height of tactile signs and from ADAAG which does not
address the height of visual signs (703.4.5).
Consistent with ADAAG, tactile signs must contain Grade II Braille.
Section 703.5 differs from ADAAG 4.30.4 by providing specific criteria
for Braille, including dot height and base diameter, dot and cell
separations (Table 703.5), location (below raised text), minimum
spacing from raised characters (\1/4\ inch) and from raised borders
(\3/8\ inch), and the height from the floor (40 to 60 inches measured
from the baseline of Braille cells). Requirements for pictograms in
703.6 and required symbols of accessibility in 703.7 are consistent
with corresponding provisions in ADAAG 4.30.4 and 4.30.7.
704 Telephones
This section provides requirements for wheelchair access, volume
controls, and TTYs. Substantive differences from requirements in ADAAG
4.31 concern volume controls, hearing aid compatibility, and TTYs.
Section 704.3 requires volume controls that provide a gain up to at
least 20 decibels and an intermediate gain of 12 decibels, and have an
automatic reset. ADAAG 4.31.5 requires a gain between 12 to 18
decibels, which can be greater if an automatic reset is provided. The
advisory committee recommended increasing the gain to 20 decibels and
to require an automatic reset. The Board has revised the requirement
for consistency with accessibility guidelines the Board issued under
section 255 of the Telecommunications Act of 1996, which provides a
similar requirement for other types of phones. In rulemaking on the
Telecommunications Act Accessibility Guidelines, persons who are hard
of hearing reported having trouble using public pay telephones because
of inadequate receiver amplification levels. Many comments to the
docket supported adjustable amplification ranging from 18-25 decibels
of gain as proposed in that rulemaking. However, several telephone
manufacturers cited the National Technology Transfer and Advancement
Act of 1996, which requires the Federal government to make use of
technical specifications and practices established by private,
voluntary standards-setting bodies, wherever possible. The ICC/ANSI
A117.1-1998 standard requires certain public pay telephones to provide
12 decibels of gain minimum and up to 20 decibels maximum and that an
automatic reset be provided. In recognition of the National Technology
Transfer and Advancement Act, this amplification level was specified in
the Telecommunications Act Accessibility Guidelines even though
information was received in that rulemaking indicating a gain of 25
decibels is not a problem for current telephone technology. The
requirement in section 704.3 of the revised guidelines is consistent
with both the ICC/ANSI A117.1 standard and the Telecommunications Act
Accessibility Guidelines. Under the Telecommunications Act, the Board
intends to publish a market monitoring report. Should this market
monitoring report show that persons who are deaf or hard of hearing
continue to report having trouble using telephones because the level of
amplification is not high enough, the Board may revisit this issue in
the future.
Question 27: The Board seeks information from pay telephone
manufacturers and providers on the time frame necessary to produce
products that meet the proposed specifications for volume control.
Question 28: Mute features on public pay telephones can increase
audibility by temporarily disconnecting the telephone's microphone
while the user listens through the earpiece so that background noise is
not amplified through the earpiece. The Board seeks information on the
feasibility and cost of equipping new and existing public pay
telephones with a mute button. Comment is sought on whether such a
requirement should be included in the final rule.
ADAAG 4.31.5 requires telephones to be compatible with hearing
aids. This is required for all wheelchair accessible telephones and 25%
of all other public pay telephones. The Board has removed this
requirement as unnecessary because telephones made in or imported into
the U.S. are already required to be compatible with hearing aids as a
result of the Hearing Aid Compatibility Act of 1988.
The Board has added requirements for telephones with TTYs in 704.4
to address wheelchair access. ADAAG 4.31.9 does not specifically
require that telephones with TTYs be wheelchair accessible. As revised,
the operable parts of both the TTY and the telephone must be accessible
as required in section
[[Page 62274]]
309, which specifies accessible reach ranges. Knee and toe space for a
forward approach is required below the TTY, and when in use, the touch
surface of the TTY keypad must be between 30 to 34 inches from the
floor. This height will provide access for both people who use
wheelchairs and those who do not. All TTYs are required to be
wheelchair accessible, although an exception is provided for TTYs at
telephones located in cubicles equipped with fixed seats. Under this
exception, which applies only to assembly occupancies, half the number
of TTYs are not required to be wheelchair accessible.
Question 29: Requirements for TTYs do not address the height of
display screens. Due to the typical character size displayed, users
must be in close proximity to the screen. The Board seeks information
on TTY screen heights that are appropriate for people who use
wheelchairs and for standing persons and whether the requirement for
ATM display screens is appropriate for TTYs as well. The Board may
include a specification for the height of TTY display screens in the
final rule.
ADAAG 4.31.9(3) recognizes portable TTYs as an alternative to those
permanently affixed to telephone enclosures in certain limited
situations as an ``equivalent facilitation.'' Like other examples of
equivalent facilitation, this provision has been removed.
705 Detectable Warnings
The technical criteria for detectable warnings are consistent with
those in ADAAG 4.29 and those required on the boarding platforms of
transit stations in ADAAG 10.3.1(8). Provisions have been added
concerning boarding platforms that generally recognize alternative
tactile surfaces equally detectable underfoot or other designs or
technologies that provide equal or superior drop-off warning.
Provisions originally reserved in ADAAG concerning doors to hazardous
areas (4.29.3) and stairs (4.29.4) have been removed. Provisions
pertaining to hazardous vehicular areas (4.29.5), reflecting pools
(4.29.6), and curb ramps (4.7.7) that were suspended are not retained
in the revised guideline.
706 Assistive Listening Systems
Like ADAAG 4.33, the revised guidelines recognize acceptable types
of assistive listening systems such as induction loops, infrared
systems, FM and AM radio frequency systems, hard-wired earphones, and
other equivalent devices. ADAAG 4.33.6 requires that seats served by
assistive listening systems be within a viewing distance of 50 feet
from the performance area and have a complete view of the performance
area. The distance requirement has been removed since it may not be
appropriate in certain types of assembly areas, particularly large
stadiums and arenas. The Board has removed the requirement for a
``complete view'' of the performance area because this implies that
certain seats can be designated for use with assistive listening
systems, which contradicts the intent of the revised guidelines that
such access be available at most seats in an assembly area.
Two requirements have been added for receivers. Receivers must have
a \1/8\ inch standard mono jack (or equivalent adapters where other
jacks are provided) so that users can use their own cabling as
necessary. Receivers required to be compatible with hearing aids (25%)
must be neck loops since this type interfaces with hearing aid T-coils.
The advisory committee recommended allowing the use of ``compatible
headsets.'' The Board has not included this recommendation since such
headsets, while technically compatible with hearing aids, are not
usable or comfortable with all types of hearing aids.
The performance of assistive listening systems is a concern among
users. The quality and capability of systems largely determine the
quality of sound transmission. Sound quality, internal noise, signal-
to-noise ratio, signal strength, and boost vary among products. As a
result, some systems do not adequately meet the needs of people who are
hard of hearing. For example, the boost of some products may amplify
sound adequately for people with mild hearing loss but not for those
with profound hearing loss. Currently, there are no guidelines or
standards for the performance of assistive listening systems. In the
belief that standards should be developed to provide guidance in
selecting products of sufficient quality and capability, the Board
funded a study on assistive listening systems that was completed in
1999. Conducted by the Lexington Center, this project included a
collection of information on assistive listening systems, a review of
the state-of-the-art with respect to assistive listening systems, and a
survey of consumers, service providers, dispensers and manufacturers to
determine how effective assistive listening systems are at present and
what the major problems, limitations, and complaints are regarding
existing systems. With this information, the researchers developed
objective means for specifying the overall characteristics of any
assistive listening system, from sound source to listener's ear, to be
able to predict how well the system will work in practice and to
determine objective criteria for establishing guidelines or
recommendations for the use of assistive listening systems in public
places. Consumers, manufacturers, and installers identified signal
quality as the primary issue of concern. A wide range of other concerns
were also expressed:
Consumers voiced concerns about appropriate system and
receiver type, coupling alternatives, compatibility with aids,
interference, availability and logistics of use, and maintenance;
Manufacturers, installers, and providers identified
component cost and quality, microphone utilization, pre-processing
strategies, compatibility across multiple systems, field strength, and
standardization and regulation as issues.
Researchers have developed Speech Transmission Index software that
can assess ALS signal quality on-site using a multi-media laptop
computer. The program will be available next year as a download from
the Board's website. The Lexington Center will also develop and
distribute a series of technical assistance bulletins for consumers,
facility operators, and installers outlining its research, findings,
and recommendations.
Question 30: Comment is sought on the appropriateness of these
criteria for assistive listening systems and their inclusion as
technical requirements in the revised guidelines. Specifications based
on these criteria may be included in the final rule.
707 Automatic Teller Machines and Fare Machines
Requirements for automatic teller machines (ATMs) and fare machines
have been extensively revised and expanded to provide more specific
guidance on access to such equipment for people with vision
impairments. Substantive changes are proposed to requirements for ATMs
in ADAAG 4.34 and for transit station fare vending machines in ADAAG
10.3.1(7).
Question 31: While section 707 specifically addresses ``automatic
teller machines'' and ``fare vending machines,'' the Board is
considering covering all types of interactive transaction machines,
such as point-of-sale machines and information kiosks, among others.
Information is requested on any possible design conflicts between the
requirements of this section and any specific types of interactive
transaction machines. The final rule may be modified to specifically
address
[[Page 62275]]
unique characteristics of certain types of interactive transaction
machines.
Clear floor space requirements in section 707.2 are consistent with
ADAAG. Section 707.3 requires operable parts to comply with section
309, which also covers accessible reach ranges. ADAAG 4.34.3 requires
this as well but also provides specifications on side reach ranges
specific to ATMs only. This criteria establishes maximum reach heights
ranging from 46 to 54 inches that are based on the depths of reach
ranging from 10 inches to 24 inches. For consistency with the rest of
the revised guidelines, these specifications have been removed and the
basic reach range specifications in 309 are applied. The revised
guidelines require that operable parts must be differentiated by sound
or touch prior to activation. An exception in ADAAG 4.34.3 clarifies
that, where alternate controls are provided that allow a function to be
performed in a substantially equivalent manner, only the controls for
that function are required to be accessible. This exception has been
removed as unnecessary since redundant operable parts that are
accessible are generally acceptable in all cases.
New specifications are provided so that access to input and output
devices is provided for people with vision impairments. These
requirements provide clearer guidance than ADAAG 4.34.5 which requires
instructions and all information for use to be ``accessible to and
independently usable by persons with vision impairments.'' The
arrangement and tactile qualities are standardized for uniformity to
facilitate use by people with little or no vision. Section 707.4
specifies:
The same degree of privacy of input provided for all users
(707.4.1);
Tactually discernable key surfaces raised at least \1/25\
inch from the surrounding surface with outer edges having a radius no
more than \1/50\ inch (707.4.2);
A minimum \1/8\ inch separation between keys with function
keys separated from numeric keys by at least triple the distance of
separation provided between numeric keys (707.4.3);
Arrangement of numeric keys according to the standard 12-
key telephone keypad, with the number five key designated by a single
raised dot (707.4.4);
A standard arrangement, tactile marking, and color coding
of function keys so that the keys are provided in the following order
(left to right or top to bottom) with the tactile markings and color
indicated: enter or proceed key (raised circle/ green), clear or
correct key (raised vertical line or bar/ black), cancel (raised ex/
red), add value key (raised plus sign/ blue), decrease value key
(raised minus sign/ yellow) (707.4.5).
Question 32: The Board seeks comment on the appropriateness of
these specified colors, particularly for people who are color blind.
Question 33: ATMs often reject input when maximum time intervals
are exceeded. Users are at risk of having the ATM card withheld and may
encounter additional transaction charges due to repeated attempts to
access the machine. Should the Board include a specific requirement
that would allow users to extend the maximum time intervals between
transactions beyond the amount of time typically allotted? Where
possible, responses should include information on the availability of
technology and on any impacts, including costs, in complying with such
a requirement. The Board may consider including such a requirement in
the final rule.
Section 707.5 covers output devices and requires:
The same degree of privacy of output provided for all
users (707.5.1);
Transaction prompts within each operation and verification
of all user input (707.5.2 and 707.5.3);
Visual and audible operating instructions that are
initiated by the user, that have an expedited process for experienced
users, and that have orientation features for users unfamiliar with the
physical features of the machine (707.5.4);
Video display screens to be visible from a point 40 inches
above the center of the clear floor space in front of the machine
(707.5.6);
Characters of video display screens to be in a sans serif
font, to be at least \3/16\ inch high, and to contrast with the
background, either light-on-dark or dark-on-light (707.5.6.2);
Paper currency to be dispensed in descending order with
the lowest denomination on top (707.5.7); and
Providing options for receipts in print, audible format,
or both (707.5.8).
Consistent with ICC/ANSI A117.1-1998, sections 707.4.1 and 707.5.1
specify that the same degree of privacy of input and output is to be
available to all individuals using the system, and 707.5.5 specifies
that audible instructions are to provided through a standard audio mini
jack (which would allow individuals to listen to the information
through a headset or ear piece), a telephone handset, a wireless
transmission system, or another mechanism, all of which ensure privacy.
The Board anticipates that alternative privacy systems will be
activated by individuals that require them. Furthermore, the Board
assumes that ear pieces, headsets, or other types of receivers will be
personal equipment provided by end users. Earpieces are very small and
can be carried in a shirt pocket or change purse.
Question 34: The Board seeks comment on whether ATM manufacturers
or banks intend to provide customers who need audio output receivers
for accessing audible output. In addition, the Board seeks to know if
customers would or currently do carry receivers or if they view
providing their own receivers as an unreasonable expectation.
Question 35: The Board seeks information on the availability of
ATMs that meet the output requirements of section 707.5 and the impact,
including costs and technological difficulties, in developing new
products that comply. Information is also sought on the practice of
redeploying ATM equipment and the impact of the output requirements on
this practice. Specifically, what is the average lifespan of an ATM and
how often might a single ATM be redeployed?
708 Two-Way Communication Systems
This section provides criteria for two-way communication systems
where they are provided to gain admittance to a facility or to
restricted areas within a facility. These systems must provide audible
and visual signals so that they are accessible to people with vision or
hearing impairments. Where handsets are provided, the cord must be at
least 29 inches long so that access is provided for people using
wheelchairs. These requirements derive from those in ADAAG 11.1.3 for
judicial, legislative, and regulatory facilities.
Captioning
The Department of Justice Title III regulation addresses access to
auxiliary aids and services. Section 36.303(a) (28 CFR Part 36)
provides that ``[a] public accommodation shall take those steps that
may be necessary to ensure that no individual with a disability is
excluded, denied services, segregated or otherwise treated differently
than other individuals because of the absence of auxiliary aids and
services, unless the public accommodation can demonstrate that taking
those steps would fundamentally alter the nature of the goods,
services, facilities, privileges, advantages, or accommodations being
offered or would result in an undue burden, i.e., significant
difficulty or expense.'' The term ``auxiliary aids and
[[Page 62276]]
services'' includes, ``qualified interpreters, note takers, computer-
aided transcription services, written materials, telephone handset
amplifiers, assistive listening devices, assistive listening systems,
telephones compatible with hearing aids, closed caption decoders, open
and closed captioning, telecommunications devices for deaf persons
(TDD's), videotext displays, or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments.''
The Board is aware that several means of providing captioning for
movie theaters are available. This includes both open-captioned and
closed-captioned access to the audio information presented in movies.
One method for making movies accessible is a system that synchronizes
captions and action by projecting reverse text images onto a wall
behind an audience. The reverse text is then reflected by transparent
screens at individual seats where movie goers can read the script on
the screen and view the movie through the screen simultaneously. This
type of auxiliary aid and others may require built-in features to make
them usable. The Board is aware that other innovative methods of
providing accessible communications will soon be available.
Question 36: The Board is interested in more information about
various types of captioning as it relates to the built environment.
Building operators, managers, consumers, and manufacturers are
requested to provide information about what technical provisions are
necessary to include in ADAAG to facilitate or augment the use of
auxiliary aids such as captioning and videotext displays. People who
are deaf or hard of hearing are particularly invited to comment on the
various options for providing captioning that would best facilitate
effective communication. Where necessary, the Board may include
provisions for conduit, electrical service, screen anchoring devices at
seats, or other requirements that make providing accessible
communication possible in the built environment.
Convenience Food Restaurants
Convenience food restaurants, otherwise known as fast food
restaurants, often provide consumers the opportunity to order food from
a drive through facility. These facilities usually require voice
intercommunication. The Department of Justice has required restaurants
to accept orders at pick-up windows when the communications system is
not accessible to deaf, hard of hearing, or other people who are unable
to use voice communication.
Question 37: Should the Board require that convenience food drive
through facilities provide accessible communications. If so, what means
would provide the greatest access for a variety of people with
disabilities? It has been suggested that an ATM type machine could
substitute for voice communication systems currently used. Is such an
application practical?
Chapter 8: Special Rooms, Spaces, and Elements
This chapter covers specific elements, rooms and spaces, including
assembly areas, dressing, fitting, and locker rooms, medical care
facilities, transient lodging, and detention and correctional
facilities. Under the new format of the revised guidelines, scoping
provisions contained in ADAAG for special occupancy sections have been
relocated to Chapter 2. Only technical requirements not otherwise
generally addressed are provided here for the rooms and spaces covered
by this chapter.
802 Wheelchair Spaces and Designated Aisle Seats in Assembly Areas
This section provides requirements for wheelchair spaces and
designated aisle seats in assembly areas. Requirements for wheelchair
space surfaces (802.2), width (802.3), depth (802.4), and approach
(802.5) are substantively consistent with specifications in ADAAG 4.33,
as recommended by the advisory committee. Consistent with a
recommendation from the advisory committee, clarification has been
added in 802.5 that access to any wheelchair space shall not be through
more than one adjoining wheelchair space.
Question 38: Current ADAAG does not expressly address the issue of
overlap between wheelchair spaces and circulation routes. The Board is
considering adding a provision in the final rule that would clearly
prohibit circulation paths from overlapping wheelchair spaces. Comment
is sought on whether such a provision should be included in the final
rule.
As recommended by the advisory committee, the exception in ADAAG
4.33.3, that permits wheelchair spaces to be clustered in seating areas
with sight lines that require slopes greater than 5%, has been removed.
The removal of this provision is not intended to prohibit the
construction of traditional seating areas such as stadiums, bleachers
and balconies.
Section 802.7 requires that each readily removable companion seat
be located ``next to and in the same row as each required wheelchair
space'' so that there is ``shoulder-to-shoulder'' alignment between
users of the wheelchair space and of the adjacent companion seat. This
is a change from ADAAG 4.33.3 which requires companion seats to be
fixed, as discussed in section 221.3 above. The Board also has added
clarification on the location of such seats. Some entities have
misinterpreted the phrase ``next to'' in the current ADAAG as
permitting the placement of companion seating in a row in front of or
behind the accompanying wheelchair space.
Specifications for designated aisle seats in 802.8 are consistent
with requirements in ADAAG 4.1.3(19)(a).
Section 802.6 requires dispersion of accessible seating in assembly
areas so as to provide individuals with disabilities seating choices
that are comparable to those offered to patrons without disabilities.
Specifically, in assembly areas with more than 300 seats, wheelchair
spaces and designated aisle seats must be dispersed throughout the
assembly area in a manner that ensures viewing angles and choices of
admission prices that are comparable to those provided to other
spectators. This does not represent a change from ADAAG 4.33.3.
Where the minimum number of required wheelchair spaces or
designated aisle seats is not sufficient to allow for complete
dispersion in terms of the availability of all possible admission
prices and viewing angles, 802.6 specifies criteria for dispersion in
the following order of priority: admission prices, horizontal
dispersion, and vertical dispersion. These criteria are intended to be
consistent with Department of Justice (DOJ) interpretation of ADAAG
4.33.3 that wheelchair spaces be provided so that people with
disabilities have ``a choice of admission prices and lines of sight
comparable to those for members of the general public.''
Section 802.6.1 requires the dispersal of accessible seating by the
price of admission, which means that wheelchair spaces and designated
aisle seating must be provided in each price level where the ticket
prices are distinguished by, or differ according to, the location of
the seating. The advisory committee considered dispersion according to
admission prices to be primarily an operational matter and recommended
that it be removed. The Board believes that such dispersion is an
important consideration in the design of assembly areas and the
[[Page 62277]]
location of accessible seating and has retained this provision.
Assembly facility designers and people with disabilities have
requested clarification of the current requirement that wheelchair
spaces be dispersed. The Board has added requirements for horizontal
and vertical dispersion. Subject to the scoping requirements shown in
Table 221.2.1, wheelchair spaces and designated aisle seats must be
located at each accessible level in the assembly area, and in each
balcony or mezzanine that is located along an accessible route.
Section 802.6.2 specifies that wheelchair spaces and designated
aisle seats shall be located in a manner to provide viewing angles that
are, in general, representative of the horizontal viewing angles that
are provided to spectators who occupy non-accessible seats. In the
past, wheelchair spaces were often located only at the ends of rows,
where a few of the standard seats in a seating configuration would be
removed and replaced with wheelchair spaces. This section clarifies
that this practice is not permissible, and, instead, that wheelchair
spaces must be provided in a variety of locations across the horizontal
rows of seats.
The requirement for vertical dispersion in 802.6.3 seeks to ensure
equal treatment of people with disabilities in terms of the viewing
distance from the performance area or playing field. Like all patrons,
individual preferences vary among people with disabilities. The Board
places significant value on having equal opportunity to select a
viewing distance that satisfies individual requirements. However, in
the past, many designs have not provided adequate choice of viewing
distances. For example, first row seating may be desirable for a hockey
game and less desirable for viewing car racing or a movie.
The Board's regulatory assessment indicates that vertical
dispersion could cost as much as $11 million for each ``large'' (50,000
seats) stadium or arena to provide vertical dispersion in uppermost
decks. According to the regulatory assessment, ``in order to
accommodate the additional dispersion required by this item, it is
assumed that an upper deck concourse will be required for the facility.
These large facilities generally have a lower deck, a middle deck (with
suites and/or club level amenities), and an upper deck. The steep
slopes used in the upper deck make it impractical to accommodate
accessible routes with more than a minimal change in level up or down
from the vomitory access point within the seating bowl. The dispersion
requirement based on admission pricing, and the vertical dispersion
requirement will generally require that a more substantial change in
level be accommodated outside the seating bowl for the upper deck area.
It is assumed that an additional concourse, of 50,000 square feet in
area, will be used to provide access to the upper deck at an additional
level.''
Question 39: Are there alternatives to constructing a secondary
concourse that would provide vertical dispersion in upper decks of
larger stadiums?
Question 40: The Board places significant importance on providing
individuals with disabilities with selections from a variety of vantage
points to enjoy performances and sporting events. Are there conditions
where vertical separation between wheelchair spaces is not desirable?
Is there a point where increased distance does not improve
accessibility or contribute significantly to equal opportunity?
Question 41: Section 802.6.3 uses the term ``varying distances.''
Does the term ``varying distances'' provide sufficient guidance to
allow designers and others to know when they have successfully met the
criteria for compliance? If not, would it be preferable if a minimum
separation between horizontal rows were specified?
The Board is considering a change in 802.6 that would be more
responsive to concerns that have arisen about the lack of dispersion of
wheelchair spaces in some assembly areas. Specifically, the Board is
concerned that dispersion has been inadequate in smaller facilities
such as stadium-style cinemas. While the provisions of 802.9 requiring
lines of sight comparable to those provided other spectators must be
satisfied in all cases, dispersion is required only when the seating
capacity exceeds 300. The Board is considering requiring that
dispersion be achieved where fewer than 300 seats are provided. The
Board is seeking comment on this point.
Question 42: What would be the impact on small assembly facilities
of a reduction in the number of seats triggering the dispersion
requirement? The Board is particularly aware of the rapid pace of
construction of stadium-style cinemas and seeks comment on whether a
change in the dispersion requirement would adversely affect the
construction cost of these facilities. What is the average number of
seats provided per screen? Do cinemas provide more than one type of
theater? For example, is it typical to provide a few larger theaters
combined with a number of smaller theaters in a single facility? If so,
what is the average size of smaller and larger theaters? Designers and
operators of all types of assembly facilities are encouraged to comment
on the impact of reducing the number of seats from 300 to 250, 200, or
150. If other trigger points are more reasonable, please provide
recommendations and supporting data. People with disabilities are urged
to provide comment on experiences that relate to the need, or lack of
need, for greater dispersion in smaller assembly facilities. Is it
possible that dispersion would be detrimental to the use and enjoyment
of smaller facilities by people with disabilities? Common practice is
to disperse wheelchair seats in a small space by providing wheelchair
spaces at a cross aisle and in the rear of the assembly space. Would it
be acceptable for up to one half of the wheelchair spaces to be
provided in the last few rows of the assembly space for the purpose of
providing vertical separation between wheelchair spaces?
Section 802.9 restates the requirement in ADAAG 4.33.3 that
individuals seated in wheelchairs be provided with lines of sight
comparable to those provided to other spectators. The Board is aware
that design professionals have expressed some uncertainty about how to
measure their compliance with this requirement. Therefore, the Board is
proposing to amend the guidelines to include specific technical
provisions to assist design professionals to determine if the sight
lines provided for people who use wheelchair spaces are comparable to
those provided to others. These technical provisions address sight
lines over both seated and standing spectators. Adherence to these
technical provisions will help ensure that people who use wheelchairs
are provided with an equal opportunity to view the performance or event
held in the assembly area.
Section 802.9.1 addresses the placement of wheelchair spaces in
assembly areas where spectators are expected to remain seated during
events. Section 802.9.1 provides that spectators seated in wheelchairs
at events where people are expected to remain seated shall be provided
with lines of sight to the performance area or playing field comparable
to that provided to spectators in the seating area in closest proximity
to the location of the wheelchair spaces, but not in the same row.
Providing lines of sight for people who are seated in the wheelchair
spaces that are comparable to nearest seats in the same seating area
generally provides lines of sight for people with disabilities that are
comparable to those provided to others in facilities such as stadiums
or arenas where wheelchair
[[Page 62278]]
spaces are dispersed, because the dispersed locations provide the
opportunity for people who use wheelchairs to select seats with a range
of views of the performing area or playing field.
Section 802.9.2 addresses assembly areas where people are expected
to stand at their seats during events. The sight line that is required
in 802.9.2 is one that is comparable to the sight lines provided to
standing spectators (over other standing spectators) who are located in
the seating area closest to the wheelchair spaces, but not in the same
row as the wheelchair spaces.
Stadium-style motion picture theaters comprise a type of assembly
area that has become increasingly popular in the last several years.
They provide the general public with sight lines to the screen that
generally are far superior to those offered in traditional-style motion
picture theaters. Stadium-style theaters provide improved viewing in
one key way: they furnish an unobstructed view of the entire screen
through the utilization of relatively high risers that furnish
unobstructed viewing over the heads of the persons seated in the rows
ahead. As stadium-style theaters are currently designed, patrons using
wheelchair spaces are often relegated to a few rows of each auditorium,
in the traditional sloped floor area near the screen. Due to the size
and proximity of the screen, as well as other factors related to
stadium-style design, patrons using wheelchair spaces are required to
tilt their heads back at uncomfortable angles and to constantly move
their heads from side to side to view the screen. They are afforded
inferior lines of sight to the screen.
The Board is aware of the Department of Justice's enforcement of
4.33.3 with respect to assembly areas with stadium-style seating. DOJ
has stated that 4.33.3 requires that wheelchair areas be an integral
part of any fixed seating plan, and be provided so that people with
disabilities have lines of sight and a choice of admission prices
comparable to those for other members of the general public. As applied
to stadium-style theaters (where most seats are placed on tiers or
risers to enhance viewing), DOJ has asserted in attempting to settle
particular cases that wheelchair seating locations must: (1) Be placed
within the stadium-style section of the theater, rather than on a
sloped floor or other area within the auditorium where tiers or risers
have not been used to improve viewing angles; (2) provide viewing
angles that are equivalent to or better than the viewing angles
(including vertical, horizontal, and angle to the top of screen)
provided by 50 percent of the seats in the auditorium, counting all
seats of any type sold in that auditorium; and (3) provide a view of
the screen, in terms of lack of obstruction (e.g., a clear view over
the heads of other patrons), that is in the top 50 percent of all seats
of any type sold in the auditorium. The Board is considering whether to
include specific requirements in the final rule that are consistent
with DOJ's interpretation of 4.33.3 to stadium-style movie theaters.
The Board also is considering whether to provide additional
guidance on determining whether lines of sight are ``comparable'' in
assembly areas, and specifically requests comment on the following
issues.
Question 43: The current proposal specifies that wheelchair
locations provide sight lines that are comparable to those provided to
the seats nearest the wheelchair locations but not in the same row. The
Board is considering whether in assembly areas large enough to require
dispersion it would be appropriate to mandate that: spectators seated
in wheelchair spaces have lines of sight that are equivalent to or
better than the lines of sight provided to the majority of spectators
seated in the same class or category of seats, and spectators seated in
wheelchair spaces have lines of sight that are equivalent to or better
than the lines of sight provided to spectators seated next to the
wheelchair spaces. For example, a wheelchair space in the club seat
section of a stadium would have to provide a line of sight equivalent
to or better than the line of sight provided to the majority of
spectators in club seats of the same price, as well as provide a line
of sight equivalent to or better than that provided to spectators
seated next to the wheelchair space. A wheelchair space in a box seat
of a theater would have to provide a line of sight equivalent to or
better than the line of sight provided to the majority of patrons in
box seats of the same price, as well as provide a line of sight
equivalent to or better than that provided to spectators seated next to
the wheelchair space. A wheelchair space in the $30 per seat section of
an arena, where spectators are expected to stand at times during the
event, would have to provide a line of sight over standing spectators
equivalent to or better than that provided to the majority of standing
spectators in the $30 section of the arena, as well as provide a line
of sight equivalent to or better than that provided to spectators
seated next to the wheelchair space. The Board requests comment on the
relative merit of the current proposal, as applied to assembly areas
where dispersion is required, and the alternative requirement described
in this question.
When the dispersion of wheelchair spaces is not required, (i.e., in
small assembly areas) the placement of the wheelchair spaces in
relation to other seating acquires greater significance because
wheelchair users are not offered a choice of viewing angles. Therefore,
in order to ensure equal opportunity for people who use wheelchairs in
assembly areas in which dispersion is not required, it may be necessary
for wheelchair spaces not only to provide lines of sight comparable to
those provided to spectators seated in the same area, but also to
provide lines of sight that are comparable to those provided for most
of the other patrons in the assembly area. Consequently, the Board is
considering specifying that wheelchair spaces in assembly areas, where
dispersion is not required, must be located so that the lines of sight
provided are comparable to (i.e., equal to or better than) the lines of
sight provided to the ``majority'' of the patrons in the assembly area.
Question 44: Should ADAAG specify that wheelchair spaces in
assembly areas, where wheelchair spaces generally are not dispersed
shall provide unobstructed lines of sight that provide a line of sight
equivalent to or better than the line of sight provided for the
majority of event spectators?
803 Dressing, Fitting, and Locker Rooms
This section revises requirements for dressing and fitting rooms in
ADAAG 4.35 and also specifically addresses locker rooms as well.
Section 803.2 requires wheelchair turning space in accessible rooms. A
portion of this space (6 inches maximum) can extend under partitions or
openings without doors that provide toe clearance at least 9 inches
high. A provision in ADAAG 4.35.2 that exempts rooms with curtained
openings from the requirement for turning space has been removed so
that a consistent level of access is provided in all types of dressing
and fitting rooms.
Benches are required to comply with criteria in section 903, which
contains revised specifications for benches (see discussion below).
Where mirrors are provided, ADAAG 4.35.5 requires that accessible rooms
have full-length mirrors and provides minimum dimensions. As
recommended by the advisory committee, this requirement has been
removed because of the wide variation of room types covered by this
section. In some cases, such as a large locker room, compliance with
the ADAAG mirror specifications will not
[[Page 62279]]
ensure that a full-length mirror is usable from an accessible bench.
Consistent with requirements for toilet and bathing facilities,
criteria for accessible coat hooks and fold-down shelves have been
added in section 803.5 and apply where such elements are provided.
804 Sinks, Kitchens, Kitchenettes, and Wet Bars
This section derives from requirements for transient lodging
facilities in ADAAG 9.2.2(7). However, under revised scoping in section
212, these criteria are applicable not only to transient lodging guest
rooms but to other accessible spaces as well, such as employee break
rooms. These requirements are consistent with ADAAG except that a
forward approach to sinks is required whereas ADAAG 9.2.2(7) permits a
parallel approach to sinks at guest room kitchens or kitchenettes. This
revision allows a consistent level of access at sinks, since accessible
sinks in other types of spaces are required to have a forward approach.
805 Medical Care Facility Patient or Resident Sleeping Rooms
This section is based on requirements for patient bedrooms in ADAAG
6.3. Clarification is added in section 805.2 that required wheelchair
turning space cannot extend beneath beds. Requirements for clear floor
space on each side of beds has been revised to specify a parallel
approach according to section 305, which is substantively similar to
the requirement in ADAAG 6.3(3) for clear floor space at least 36
inches wide alongside beds. The advisory committee recommended a
provision for accessible windows. The Board has relocated this
requirement to section 230 so that it applies to other facility types
as well. An exception in ADAAG 6.3(1) for entry doors to acute care
hospital bedrooms has been relocated to scoping requirements for doors
in 404.1 (Tables 404.2.4.1 and 2).
806 Transient Lodging Guest Rooms
Requirements for accessible transient lodging guest rooms in ADAAG
9.2.2 and 9.3 are provided in this section. In accordance with the new
format of the revised guidelines, scoping provisions contained in ADAAG
for special occupancy sections have been relocated to Chapter 2.
Section 806.2 addresses accessible guest rooms. Scoping for
accessible routes, doors and doorways, storage, controls, and parking
in ADAAG 9.2.2(2) through (6) are covered by general scoping provisions
for such elements in Chapter 2. ADAAG 9.2.2(6) provides an exception
for access to exterior spaces that allows a higher threshold or change
in level where necessary ``to protect the integrity of the unit from
wind/water damage.'' This exception, which requires alternate
provisions of access, has been removed because the advisory committee
was convinced that design solutions are available that allow access
while preventing wind or water damage. Other revisions include:
Clarification that clear floor space on each side of beds
for a parallel approach according to section 305 is required, which is
substantively similar to the requirement in ADAAG 9.2.2(1) for clear
floor space at least 36 inches wide alongside beds (806.2.3);
A new provision added by the Board that requires
accessible vanity tops at lavatories in accessible guest rooms if
vanity tops are provided in other guest rooms (806.2.4.1);
Sinks in kitchens and kitchenettes are required to provide
a forward approach (804.3 as referenced by 806.2.5); and
Clarification that wheelchair turning space is required
and that beds cannot overlap this space (806.2.6).
The advisory committee recommended provisions for accessible
windows in transient lodging facilities as well. The Board has
relocated this requirement to section 230 so as to be applicable to
other facility types as well.
Section 806.3 covers accessible communication features in guest
rooms. Like ADAAG 9.3, this section requires visual alarms and
notification devices. A provision in ADAAG 9.3.2 recognizes the
provision of outlets and wiring for portable devices as an ``equivalent
facilitation.'' This provision, like others concerning equivalent
facilitation have been removed as information that is advisory.
Further, revisions to requirements for visual alarms in guest rooms in
section 702.3.6 effectively prohibit the use of most portable alarms.
Use of portable visual notification devices for incoming telephone
calls and door knocks or bells, while not specifically recognized, are
not specifically prohibited.
ADAAG 9.4 requires that doors and doorways to inaccessible guest
rooms provide a 32 inch minimum clearance. This requirement has been
relocated to scoping for transient lodging guest rooms in section
224.1. ADAAG 9.5 has specific provisions for homeless shelters, halfway
houses, transient group homes, and other social service establishments.
In buildings not required to have elevators, an exception in ADAAG
9.5.1 states that common use amenities are not required to be
accessible on inaccessible floors as long as one of each type of
amenity is provided in common use areas on accessible floors. ADAAG
9.5.2 permits allowances for existing homeless shelters that are
altered. The advisory committee recommended that these provisions be
removed because special treatment of these types of facilities was not
considered warranted.
807 Holding Cells and Housing Cells or Rooms
This section provides requirements for cells or rooms required to
be accessible in detention or correctional facilities or judicial
facilities. The specifications are consistent with ADAAG 11.2.3 and
12.5. Consistent with provisions for medical care facilities and
transient lodging, clarification has been added in section 807.2.1 that
beds cannot overlap required wheelchair turning space. Benches, where
provided, are required to comply with section 903 and visual alarms are
subject to requirements in 702.3.6. Specifications for these elements
have been revised for benches, as discussed at section 903, and for
fire alarm systems, as discussed at section 702.
Chapter 9: Built-In Furnishings and Equipment
This chapter covers built-in furnishings and equipment. Provisions
for seating at tables and counters, check-out aisles, and storage areas
are provided. These requirements apply to a variety of facilities and
effectively replace those in ADAAG 8 specific to library reading and
study areas, check-out areas, card catalogs, magazine displays, and
stacks.
902 Dining and Work Surfaces
This section is consistent with ADAAG 4.32 in providing
specifications for seating at dining and work surfaces, including
dining counters covered by ADAAG 5.2. Clear floor space is required for
a forward approach complying with section 306, which specifies
clearances for knees and toes. (ADAAG 4.32.3 only specifies a knee
clearance for the full depth for the clear floor space). Additionally,
section 306 is different from ADAAG by increasing the permitted overlap
of clear floor space from 19 to 25 inches.
903 Benches
Requirements for benches derive from specifications for dressing
and fitting rooms in ADAAG 4.35.4. Section 903.2 clarifies that the
required clear floor space is to be positioned for a parallel approach
``to an end of the bench seat.'' Dimensions for the bench have been
[[Page 62280]]
revised to provide greater flexibility. The depth has been changed from
24 inches absolute to a range of 20 to 24 inches; the minimum width has
been reduced from 48 to 42 inches. The advisory committee considered
these changes helpful in allowing more flexibility in the size of
benches without reducing access. The Board has added a requirement that
back support be provided that extends vertically from a point no more
than 2 inches above the bench to a height of at least 18 inches above
the bench and that extends horizontally at least 42 inches. This
requirement replaces the ADAAG requirement that the bench be installed
on the wall.
904 Sales and Service Counters
This section covers check-out aisles, point of sales and service
counters, and food service lines. In section 904.2, clarification has
been added that all portions of counters required to be accessible
shall be adjacent to an accessible walking surface. Section 904.3 and
904.4 are consistent with requirements for check-out aisles and sales
and service counters in ADAAG 7.2 and 7.3. Section 904.4 differs from
ADAAG in that it does not distinguish between counters with cash
registers and those without. Provisions in ADAAG 7.2(2) that recognize
alternatives for counters without cash registers (access to auxiliary
counters, folding shelves, etc.,) have not been included. ADAAG
requirements basically presume a parallel approach to sales and service
counters. The Board has included criteria for a forward approach as an
alternative to a parallel approach. The Board also has added an
exception for alterations where compliance would result in a reduction
of the number of existing counters at work stations or existing
adjacent mail boxes. In this case, an accessible counter at least 24
inches in length (instead of 36 inches for a parallel approach and 30
inches for a forward approach) is permitted.
Section 904.5 covers food service lines and is consistent with
requirements in ADAAG 5.5. A minimum height (28 inches) for tray slides
has been added. This specification derives from the ICC/ANSI A117.1
standard. Section 904.6 requires that where counter or teller windows
have security glazing to separate personnel from the public, at least
one of each type must provide a method to facilitate voice
communication. These specifications are based on those in ADAAG 7.2(3)
as amended for State and local government facilities. However, in the
revised guidelines, this requirement applies to all types of facilities
where such glazing is provided at sales or service counters.
905 Storage
Requirements in this section are substantively the same as those
for storage in ADAAG 4.25 except for one change. ADAAG requires that
storage hardware meet operating characteristics for controls. Section
905.4 requires compliance with all criteria for operable parts in
section 309, which includes not only operating characteristics but
clear floor space and height as well.
Chapter 10: Transportation Facilities
As in current ADAAG, chapter 10 is organized to cover one type of
occupancy because there are a variety of requirements unique to
transportation facilities. This chapter covers bus stops and terminals,
rail facilities and stations, and airports.
1002 Bus Stops and Terminals
This section is consistent with requirements in ADAAG 10.2 and no
substantive changes have been made.
1003 Facilities and Stations
Provisions in ADAAG 10.3 that apply to accessible routes have been
removed because scoping for accessible routes in Chapter 2 (section
206) applies to transit facilities as well. This pertains to
requirements in 10.3.1(1), (3), (7), (10) and (19). ADAAG 10.3 also
covers ``intercity bus stations.'' This reference has been removed from
1003 because virtually all the remaining provisions are specific to
rail stations. Intercity bus stations are considered adequately covered
by the scoping and technical requirements of the other chapters. In
addition, the following requirements have been removed:
Minimum illumination levels at signage and uniform levels
along routes (ADAAG 10.3.1(11)) for consistency since illumination
levels in other facility types are not addressed;
Placement of clocks in ``uniform locations throughout the
facility or system'' (ADAAG 10.3.1(15)) since this provision lacks
clarity for purposes of compliance;
Criteria for escalator treads, including marking strips
(ADAAG 10.3.1(16)) because they are more applicable to general safety
than to accessibility;
Transparent panels in elevator cars (ADAAG 10.3.1(17))
since this pertains to public security for everyone, not specifically
to accessibility for people with disabilities;
Specifications for counters (ADAAG 10.3.1(18)) because
general scoping for sales and service counters in section 227 already
covers them; and
References to alterations to areas containing a primary
function (ADAAG 10.3.3) which the Board considers unnecessary since
this is addressed generally for alterations in section 202.
Section 1003.2.2 requires signs to comply with section 703, which
is considerably different from signage requirements in ADAAG 4.30 as
discussed above. Section 1003.2.2.3 addresses informational signs and
is consistent with ADAAG 10.3.1(6). However, an exception has been
added that allows smaller characters where space for signs is limited.
This revision was recommended by the advisory committee.
Section 1003.2.3 addresses fare vending machines and gates. Fare
vending machines are required to comply with section 707, which has
been extensively updated as discussed above. ADAAG 10.3.1(7) provides
criteria for gates at fare collection devices and requires compliance
with the requirements for doors and also specifies that those that must
be pushed open by people using wheelchairs must have a smooth
continuous surface from 2 inches above the floor to 27 inches above the
floor. The Board has retained the requirement for compliance with
specifications for doors in section 404 but has removed the dimension
criteria for push gates, as recommended by the advisory committee.
Section 1003.2.4 requires detectable warnings at platform edges
bordering drop-offs. A requirement for detectable warnings at track
crossings in ADAAG 10.3.1(13) was removed at the advisory committee's
recommendation.
The Board has included several changes to this chapter. Section
1003.2.5 addresses the coordination in height between platform and
vehicle floors. This is similar to ADAAG 10.3.1(9) except that
clarification has been added that the vertical difference applies to
``all'' passenger car load conditions. ``Slow moving'' people mover
systems as addressed in this provision have been defined as those with
a maximum speed of 20 miles per hour, consistent with Board and
Department of Transportation interpretations. Section 1003.2.6 requires
TTYs at public pay telephones at transit facility entrances. The number
of pay telephones at an entrance which triggers installation of a TTY
has been reduced from four (which ADAAG 10.3.1(12) specifies) to one.
Section 1003.2.11 requires accessible direct connections to other
facilities. This is consistent with ADAAG 10.3.1(3) but has been
clarified that the direct
[[Page 62281]]
connection, as opposed to a circulation path to another entrance, is
required to be accessible, consistent with the original intent of
ADAAG.
Communication
Section 1003.2.8 and 1004.3 require that where public address
systems are provided to convey information to the public, a means of
conveying the same or equivalent information to persons who are deaf or
hard of hearing be provided. Like ADAAG 10.3.1(14) and 10.4.1(6), these
provisions apply only to terminals, stations, airports and other
transportation facilities. In addition, these provisions do not
explicitly require electronic means of visible communication, even when
public address systems are intended to be heard in remote areas of a
facility. These provisions do not apply to messages that are not
intended to be public, such as employee paging.
Question 45: The Board seeks comment on whether additional
provisions for an equivalent means of communication should be applied
to facilities other than transportation facilities in the final rule.
For example, captioning can be associated with electronic scoreboards
in stadiums, public address systems at airports, and can convey
announcements in other facilities that currently provide communication
systems that are inaccessible to people who are deaf or hard of
hearing. In addition, the Board is considering establishing more
specific criteria for equivalent visual communication. For example, the
Board may require that electronic signs be visible in the areas of the
facility where public address systems are audible. To accomplish this,
the Board may establish technical requirements for visible signs in the
final rule. Commenters are requested to provide information, including
technical specifications, regarding the various means of providing
equivalent information that have been employed in all types of
facilities, including transportation facilities and airports. What
methods provide the most equivalent visual communication? Are there
``low tech'' methods that are equally effective for certain types of
facilities given the customary circulation patterns or other features
of the facility?
The present rulemaking proposes to amend only the ADA (36 CFR Part
1191) and the ABA (36 CFR Part 1190) accessibility guidelines however,
the Board is interested in obtaining certain key information that may
assist in a future rulemaking to amend the Board's transportation
vehicle guidelines (36 CFR 1192). Specifically, the Board is interested
in technical information, including specifications for making train
announcements, including station announcements and emergency
announcements accessible to people who are deaf or hard of hearing.
Question 46: What means are available for providing visual train
announcements when audible announcements are provided?
Platform Height
Exception 2 to section 1003.2.5 Rail-to-Platform Height would
permit the use of mini-high platforms, car-borne or platform-mounted
lifts, ramps or bridge plates, or manually deployed devices where it is
not operationally or structurally feasible to meet the plus-or-minus
\5/8\ inch or 1\1/2\ inch vertical, or 3 inch horizontal platform-to-
car gap requirements. For commuter and intercity rail, ``not
operationally feasible'' usually means the track is also used by
freight trains and the need to allow the passage of oversized freight
precludes a high platform. The American Railway Engineering and
Maintenance of Way Association (AREMWA) recommends a new platform
height of 8 inches above top-of-rail. This height allows for freight
passage while reducing the height of the first step of a rail car above
the platform. Often a potable step stool is used to make up the height
difference between a lower platform and the first step. Negotiating
such a step can be difficult for ambulatory passengers, especially
since handrails are usually not available. Also, requiring the 8-inch
height would reduce the vertical travel distance for a lift.
Question 47: Should the final rule require that new platforms for
commuter or intercity rail stations have a height of 8 inches above
top-of-rail?
1004 Airports
Section 1004 provides requirements for airports consistent with
ADAAG 10.4. As with requirements for rail stations in 1003, provisions
for accessible routes have been removed as unnecessary due to general
scoping requirements in section 206. This pertains to requirements in
ADAAG 10.4(1), (2), (3), and (5). In addition, a requirement for
placement of clocks in uniform locations in ADAAG 10.4(7) has been
removed.
Chapter 11: Residential Facilities
The Board has included requirements for accessible dwelling units
in the revised guidelines. The technical requirements of this chapter
derive from updated guidelines for residential facilities contained in
the ICC/ANSI A117.1-1998 standard. These requirements represent an
addition to ADAAG, which currently does not address such facilities.
Under the ADA, the Department of Justice determines the application of
the guidelines to residential facilities. This chapter also serves to
update requirements for dwelling units in the minimum guidelines for
federally funded facilities upon which UFAS is based.
Section 1102 covers accessible dwelling units and provides
requirements for entrances, elements of accessible routes, private
residence elevators, laundry equipment, toilet and bathing facilities,
kitchens, windows, and storage facilities. Substantive changes from the
ICC/ANSI A117.1 standard include:
Removal of an exception for exterior sliding doors that
would permit a maximum `` inch threshold instead of the \1/3\ inch
maximum otherwise specified (1102.5);
Addition of a requirement that private residence elevators
meet the ASME/ANSI A17.1 safety standard (1102.7);
Revision of inside elevator car dimensions to meet the
clear floor space requirements in section 305 (1102.7.7);
Addition of a requirement that, where removable base
cabinetry is used below lavatories and kitchen work surfaces and sinks,
the sides and back wall be finished (1102.11.3, 1102.12.3.1,
1102.12.4.1); and
Addition of specifications for bottom-hinged ovens
(1102.12.6.5.2).
Section 1103 provides requirements for dwelling units with
accessible communication features. Specifications in this section cover
smoke detectors, fire alarms systems and visual appliances, doorbells,
and entry communication systems. The Board has added requirements in
section 1103.5 that doorbells provide a visible signal and that these
visible notification devices, where located in sleeping areas, have a
deactivation switch.
Some designers or building owners may elect to provide visual
alarms in more than one room. However, the visual signal is required to
be provided in only one room so that building alarms are visible from
within the dwelling unit. Once wiring is provided for a single visual
signal in the dwelling unit, additional visual signals can be connected
to the system when needed by an occupant.
[[Page 62282]]
Regulatory Process Matters
Executive Order 12866: Regulatory Planning and Review Congressional
Review Act
This proposed rule is an economically significant regulatory action
under Executive Order 12866 and has been reviewed by the Office of
Management and Budget. The proposed rule is also a major rule under the
Congressional Review Act. The Board has prepared a regulatory
assessment for the proposed rule. The regulatory assessment has been
placed in the docket and is available for public inspection. The
regulatory assessment is also available on the Board's Internet site
(http://www.access-board.gov/ada-aba/regimpact.htm).
The proposed rule revises and updates the accessibility guidelines
for the Americans with Disabilities Act and the Architectural Barriers
Act, and will ensure greater consistency and uniformity in the
accessible design, construction, and alteration of buildings and
facilities by the private sector, State and local governments, and the
Federal government. The proposed rule is based largely on the
recommendations of the ADAAG Review Advisory Committee, which consisted
of representatives of the design and construction industry, the
building code community, State and local governments, and people with
disabilities.
The regulatory assessment examines the impact of sections of the
proposed rule that establish new requirements. Requirements currently
contained in existing guidelines and regulations have not been
considered in the regulatory assessment. The Board used several sources
as a baseline to determine the impact of sections of the proposed rule
that establish new requirements. These include the American National
Standard A117.1-1998 for Accessible and Usable Buildings and
Facilities, a consensus standard referenced by the model codes; the new
International Building Code being developed by the International Code
Council which is expected to widely be adopted by State and local
governments; and industry practice. The Board has worked closely with
the groups responsible for developing the A117.1-1998 standard and the
International Building Code to harmonize the Board's guidelines and
those codes and standards. As a result, the proposed rule, the A117.1-
1998 standard, and the International Building Code contain very similar
provisions. For those sections of the proposed rule that are similar to
the A117.1-1998 standard and the International Building Code, the Board
has assumed no impact resulting from the proposed rule. Where the
proposed rule differs from the A117.1-1998 standard, the International
Building Code, and industry practice, the Board examined sections that
are likely to have a measurable impact on the design and construction
of buildings and facilities. Sections that are likely to have no or
minimal impact were not included in the regulatory assessment. In all,
13 separate building elements or items were examined in the regulatory
assessment. One of the items, accessible vending equipment, was
determined to have no cost impact on further examination and is not
included in the data summarized below.
Table 1 lists the sections of the proposed rule that are expected
to have an impact, the accessible elements required, and the unit cost
for each element. Where an element is expected to result in an increase
in space, the amount of space increase or the average cost for a square
foot of space is listed.
Table 1.--Building Element Costs: New Construction
----------------------------------------------------------------------------------------------------------------
Section Accessible Element Unit Cost
----------------------------------------------------------------------------------------------------------------
203.2....................................... Employee Work Areas--Visual Alarms..................... $270
217.4.2.1, F217.4.2, F217.4.3............... TTYs................................................... 1,998
231.1, 708.1, 708.2......................... Two-Way Communication Systems--Visual Signals.......... 1,077
234.1.3, 1103.1, 1103.5, 1103.5.1........... Dwelling Units: Communication Features--Doorbell with 250
Visual Signal.
234.1.3, 1103.1, 1103.6..................... Dwelling Units: Communication Features--TTY Capability 264
at Site/Building/Floor Entry.
230.1....................................... Accessible Operable Windows--``Add-On'' Hardware....... 364
221.5....................................... Assembly Areas: ``Equivalent'' Vertical Access--3-Stop 61,794
Hydraulic Elevator.
802.6....................................... Assembly Areas: Dispersion of Wheelchair Spaces/ 14,213
Designated Aisle Seats--Platform Lifts.
221.3, 802.7................................ Assembly Areas: Wheelchair Space Companion Seats--6 1,315
Square Ft. Area Increase and Anchorings.
221.4.1, 221.4.2............................ Assembly Areas: Designated Aisle Seats on Accessible 204
Route--Average Cost Square Foot of Assembly Facility.
224.4, 806.3, 806.3.1, 702.3.6.............. Transient Lodging Guest Rooms--Visual Alarms........... 293
224.2, 806.3, 806.3.2, 704.3................ Transient Lodging Guest Rooms--Doorbell with Visual 263
Signal.
----------------------------------------------------------------------------------------------------------------
Table 2 summarizes data for the building types that are expected to
be affected by the sections in Table 1. Four building types are
included: office building, hotel, multi-family dwelling unit, and
stadium/arena. Stadium/arena is further examined by the size of the
facility: large, medium, and small. With the exception of the large
stadium/arena, the total cost for the accessible elements as a
percentage of total construction costs is one-half percent or less for
the various building types. Multiplex cinemas were considered also but
were determined to have no cost impact.
Table 2.--Building Type Costs: New Construction
----------------------------------------------------------------------------------------------------------------
Accessible elements Total cost for
--------------------------------------------------------------- accessible
Building type size, construction elements
cost percentage of
Number Cost construction
cost
----------------------------------------------------------------------------------------------------------------
Office Building, 200,000 sq. ft., Employee Work Areas--Visual Alarm Appliances, $65,375 $66,452
$25,000,000. 250.
Two-Way Communication Systems, 1............. 1,077 0.27%
[[Page 62283]]
Hotel, 150 guest rooms, Guest Rooms--Visual Alarms 63................ 18,459 $35,028
$8,000,000.
Guest Rooms--Notification Devices, 63........ 16,569 0.44%
Multi-Family Dwelling Unit, 800- Dwelling Unit--Doorbell with Visual Signals, 250 $514
1,000 sq. ft., $100,000. 1.
Dwelling Unit--TTY Capability on Site/ 264 0.51%
Building/Floor Entry System 1.
Large Stadium/Arena, 50,000 ``Equivalent'' Vertical Access, 3 Elevators.. 185,382 $11,846,702
seats, $350,000,000.
Dispersion of Wheelchair Spaces/Designated 11,000,000 3.4%
Aisle Seats, 50,000 sq. ft., mezzanine in
upper deck.
Wheelchair Space Companion Seats, 501........ 661,320
Designated Aisle Seats in Accessible Route,
No impact assumed.
Medium Stadium/Arena, 20,000 ``Equivalent'' Vertical Access, 2 Elevators.. 123,558 $751,760
seats, $200,000,000.
Dispersion of Wheelchair Spaces/Designated $56,852 0.38%
Aisle Seats, 4 Lifts.
Wheelchair Space Companion Seats, 201........ 265,320
Designated Aisle Seats on Accessible Route, 306,000
1,500 sq. ft..
Small Stadium/Arena, 11,000 seats ``Equivalent'' Vertical Access, 1 Elevator... 61,794 $236,740
$50,000,000.
Dispersion of Wheelchair Spaces/Designated 28,426 0.47%
Aisle Seats, 2 Lifts.
Wheelchair Space Companion Seats, 111........ 146,520
Designated Aisle Seats on Accessible Route,
No impact assumed.
----------------------------------------------------------------------------------------------------------------
As shown in Table 2, the regulatory assessment sampled a variety of
types of assembly facilities. However, the regulatory assessment did
not include facilities that have between 300 and 11,000 seats. The
Board seeks information on what types of facilities have more than 300
and fewer than 11,000 seats. In addition, how many of each type of
facility is constructed each year?
None of the building types examined include TTYs or operable
windows because either these elements typically are not provided in the
building types; or if provided, these elements would be covered by the
existing guidelines, the A 117.1-1998 standard, or the International
Building Code. For instance under the existing guidelines (ADAAG
4.1.3(17)(c)(i)), public facilities are required to provide a TTY if an
interior public pay phone is provided in a public use area of a
building. Under the proposed rule, public facilities would have to
provide a TTY on a floor when a public pay phone is provided on a
floor. If public pay phones are provided in public facilities, it is
assumed that they are usually located in the lobby area on the main
floor and would be covered by the existing guidelines. The number of
new facilities that would not otherwise be covered by the existing
guidelines, the A 117.1-1998 standard, and the International Building
Code and would have to provide TTYs under the proposed rule is assumed
to be small. It is estimated that 50 additional TTYs would be provided
annually at an aggregate cost of $99,900. The Board seeks comment on
this estimate.
Table 3 presents the annual costs of the accessible elements for
the various building types examined. The total costs are estimated to
be $88,360,726. These costs are for new construction only. Because of
the widely varying conditions in existing buildings and facilities, it
is not feasible to estimate the impact of the proposed rule where
alterations occur. The extent of the impact of the proposed rule on an
existing building or facility undergoing alteration will depend on the
existing condition of the building with regard to accessibility, the
extent of the work planned, and the technical feasability of
compliance.
Table 3.--Annual Costs for Building Types: New Construction
------------------------------------------------------------------------
Costs for
Building type and number of new facilities accessible
elements
------------------------------------------------------------------------
Office Building, 250.................................... $16,397,600
Hotel, 890.............................................. 31,174,920
Multi-Family Dwelling Unit, 800......................... 305,600
Large Stadium/Arena, 3.................................. 35,540,106
Medium Stadium/Arena, 5................................. 3,758,800
Small Stadium/Arena, 5.................................. 1,183,700
All Building Types...................................... 88,360,726
------------------------------------------------------------------------
The Board has requested Federal agencies to review the impact of
the proposed requirements in the Architectural Barriers Act guidelines
on their leased facilities. The General Services Administration and
other agencies report that they do not expect an impact on their leased
facilities. The United States Postal Service (USPS) reports that it
leases approximately 27,000 facilities, and of these approximately
3,000 new leases are negotiated annually for previously occupied
facilities. USPS reports that it will have to provide van accessible
parking spaces and accessible customer service counters, and upgrade
its alarm systems when new leases are negotiated for previously
occupied facilities. USPS estimates that these items will cost $10,000
per facility, or $30,000,000 annually.
The proposed rule will ensure that buildings and facilities covered
by the Americans With Disabilities Act and the Architectural Barriers
Act are readily accessible to and usable by people with disabilities
and provide them equal opportunity to participate in and use the
activities, goods, benefits, programs, and services provided therein.
The proposed rule should also facilitate the certification of State and
local building codes by the Attorney General. Under the Americans With
Disabilities Act, State and local governments may request the Attorney
General to certify State and local building codes where those codes
establish accessibility requirements that meet or exceed the Federal
requirements. As discussed above, the Board has worked with
[[Page 62284]]
groups responsible for the A117.1-1998 standard and International
Building Code to harmonize the guidelines and those codes and
standards, which are expected to be widely adopted by State and local
governments. As a result, it should be easier for State and local
governments to have the Attorney General certify their building codes
in the future. Architects, designers, owners, and other persons covered
by the Americans With Disabilities Act also will find it easier to
comply with these laws if State and local building codes are certified.
Instead of having to review building and facility designs for
compliance with both Federal requirements and State and local
government requirements, persons can be reasonably assured that
compliance with State and local requirements will satisfy Federal
requirements. The Americans With Disabilities Act specifically provides
that in any enforcement action, certification of a State and local
building code by the Attorney General is rebuttable evidence that the
code meets or exceeds Federal requirements. The proposed rule is
expected to result in a greater degree of compliance with Federal
requirements.
Executive Order 13132: Federalism
This proposed rule is issued to implement the Americans With
Disabilities Act and the Architectural Barriers Act and will ensure
that buildings and facilities covered by those laws are readily
accessible to and usable by people with disabilities. Ensuring the
civil rights of people with disabilities has been recognized as a
responsibility of the Federal government. The Americans With
Disabilities Act was enacted to provide a clear and comprehensive
national mandate for the elimination of discrimination against people
with disabilities. Issuance of the proposed rule is consistent with the
fundamental federalism principles set forth in Executive Order 13132.
The Board is required by Federal statute to develop and maintain
accessibility guidelines for building and facilities to serve as a
basis for uniform accessibility standards adopted by other Federal
agencies. In updating and revising the guidelines, the Board has
utilized an advisory committee which represented the design and
construction industry, the building code community, State and local
governments, and people with disabilities. In addition to requesting
public comments on the proposed rule, the Board will hold public
hearings to give all interested persons ample opportunity to share
their views regarding the rule with the Board.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act does not apply to proposed or
final rules that enforce constitutional rights of individuals or
enforce any statutory rights that prohibit discrimination on the basis
of race, color, sex, national origin, age, handicap, or disability.
Since the proposed rule is issued under the authority of the Americans
With Disabilities Act and the Architectural Barriers Act, an assessment
of the rule's affects on State, local, and tribal governments, and the
private sector is not required by the Unfunded Mandates Reform Act.
Regulatory Flexibility Act
The Chair, on behalf of the Board, certifies pursuant to 5 U.S.C.
605(b) that the proposed rule will not have a significant economic
impact on a substantial number of small entities. As discussed above
under Executive Order 12866 and the Congressional Review Act, the Board
has assessed the impact of the proposed rule on various building types.
The proposed rule is expected to have an impact of one-half percent or
less on new construction costs for the various buildings and
facilities, with the exception of a large stadium/arena which does not
qualify as a small entity. These impacts are described more fully in
the regulatory analyses prepared for the proposed rule. Based on this,
the Board expects that the proposed rule will have an economic impact,
but not a significant economic impact, on small entities and therefore
a regulatory flexibility analysis has not been prepared. Nonetheless,
the Board is interested in the potential impacts of the proposed rule
on small entities and welcomes additional comments during the
rulemaking process on issues related to such impacts.
List of Subjects
36 CFR Part 1190
Buildings and facilities, Individuals with disabilities.
36 CFR Part 1191
Buildings and facilities, Civil rights, Individuals with
disabilities, Transportation.
June I. Kailes,
Chair, Architectural and Transportation Barriers Compliance Board.
For the reasons stated in the preamble, under the authority of 29
U.S.C. 792(b)(3) and 42 U.S.C. 12204, the Architectural and
Transportation Barriers Compliance Board proposes to amend chapter XI
of Title 36 of the Code of Federal Regulations as follows:
PART 1190--[REMOVED]
1. Part 1190 is removed.
2. Part 1191 is revised to read as follows:
PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
GUIDELINES FOR BUILDINGS AND FACILITIES; ARCHITECTURAL BARRIERS ACT
(ABA) ACCESSIBILITY GUIDELINES
Sec.
1191.1 Accessibility guidelines.
Appendix A to Part 1191--Americans With Disabilities Act: Scoping
Appendix B to Part 1191--Architectural Barriers Act: Scoping
Appendix C to Part 1191--Technical
Authority: 29 U.S.C. 792(b)(3); 42 U.S.C. 12204.
Sec. 1191.1 Accessibility guidelines.
(a) The accessibility guidelines for buildings and facilities
covered by the Americans with Disabilities Act are set forth in
Appendices A and C to this part. The guidelines serve as the basis for
accessibility standards adopted by the Department of Justice and the
Department of Transportation under the Americans with Disabilities Act.
(b) The accessibility guidelines for buildings and facilities
covered by the Architectural Barriers Act are set forth in Appendices B
and C to this part. The guidelines serve as the basis for accessibility
standards adopted by the General Services Administration, the
Department of Defense, the Department of Housing and Urban Development,
and the United States Postal Service under the Architectural Barriers
Act.
BILLING CODE 8150-01-P
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[FR Doc. 99-29250 Filed 11-15-99; 8:45 am]
BILLING CODE 8150-01-C
