[Federal Register: November 16, 1999 (Volume 64, Number 220)]
[Proposed Rules]
[Page 62247-62296]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no99-33]
[[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
[[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: TA@access-
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).<SUP>1</SUP> On the
same day, the Department of Justice published its final regulations
implementing title III of the ADA which incorporated ADAAG.<SUP>2</SUP>
The Access Board amended ADAAG to include additional requirements
specifically applicable to transportation facilities on September 6,
1991 <SUP>3</SUP> which DOT incorporated into its final ADA
regulations.<SUP>4</SUP> 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).<SUP>5</SUP>
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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.<SUP>6</SUP> 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.<SUP>7</SUP> 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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<bullet> improving the format and usability of ADAAG;
<bullet> reconciling differences between ADAAG and national
consensus standards, including model codes and industry standards;
<bullet> updating ADAAG to reflect technological developments and
to continue to meet the needs of persons with disabilities; and
<bullet> 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:
<bullet> removal of text language that is non-mandatory in nature
for inclusion as advisory information nearby the text it comments on;
<bullet> inclusion in written text of requirements otherwise
provided only in figures;
<bullet> clearer delineation between scoping requirements, which
indicate what has to be accessible, from technical requirements, which
specify how access is to be achieved;
<bullet> organizing technical sections into chapters according to
the type of element or space;
<bullet> streamlining the guidelines by integrating special
occupancy chapters (except for transportation facilities) into the main
body of the document;
<bullet> 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
<bullet> 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.<SUP>8</SUP>
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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
[[Page 62253]]
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:
<bullet> 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);
<bullet> 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);
<bullet> 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);
<bullet> clarification that an accessible route between seating and
performance areas is required where a direct connection is provided
(206.2.6);
<bullet> clarification that where the circulation path is interior,
the accessible route must be interior as well (206.3);
<bullet> 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;
<bullet> 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;
<bullet> 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
<bullet> 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:
<bullet> 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);
<bullet> unisex bathing rooms must contain at least one accessible
shower or bathtub (213.2.1); and
<bullet> 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
[[Page 62256]]
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:
<bullet> adding a requirement for TTY signage where directional
signs for public pay telephones is provided (271.4.9.2); and
<bullet> 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.
<SUP>9</SUP>
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\9\ 28 CFR 36.303 and 28 CFR 35.160.
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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:
<bullet> 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
<bullet> 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
<SUP>10</SUP>. 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:
<bullet> 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);
<bullet> 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);
<bullet> TTY scoping provisions specific to private buildings
(217.4.2.2 and 217.4.3.2); and
<bullet> 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:
<bullet> 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);
<bullet> 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
<bullet> 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
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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:
<bullet> 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);
<bullet> 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);
<bullet> 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
<bullet> 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:
<bullet> 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);
<bullet> the maximum cross slope has been changed from 1:50 to 1:48
for consistency with model building codes (405.3);
<bullet> clarification is provided that changes in level other than
the running and cross slopes are not permitted on ramp runs (405.4);
<bullet> clarification is added that the required clear width (36
inches minimum) is measured between the leading edge of handrails
(405.5);
<bullet> 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
<bullet> 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 ca