Americans With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Building Elements Designed for Children's Use

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 94-2]

RIN 3014-AA17

Americans With Disabilities Act (ADA) Accessibility Guidelines

for Buildings and Facilities; Building Elements Designed for Children's

Use

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Final rule.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board

(Access Board) is issuing final guidelines to provide additional

guidance to the Department of Justice and the Department of

Transportation in establishing alternate specifications for building

elements designed for use by children. These specifications are based

on children's dimensions and anthropometrics and apply to building

elements designed specifically for use by children ages 12 and younger.

This rule ensures that newly constructed and altered facilities covered

by titles II and III of the Americans with Disabilities Act of 1990 are

readily accessible to and usable by children with disabilities. The

standards established by the Department of Justice and the Department

of Transportation must be consistent with these guidelines.

DATES: Effective date: April 13, 1998.

FOR FURTHER INFORMATION CONTACT: Dave Yanchulis, Office of Technical

and Information Services, Architectural and Transportation Barriers

Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-

1111. Telephone number (202) 272-5434 extension 27 (voice) or (800)

872-2253 ext. 27 (voice); (202) 272-5449 (TTY) or (800) 993-2822 (TTY).

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

Single copies of this publication may be obtained at no cost by

calling the Access Board's automated publications order line (202) 272-

5434 or (800) 872-2253, by pressing 1 on the telephone keypad, then 1

again and requesting publication S-30, Building Elements Designed for

Children's Use Final Rule. Persons using a TTY should call (202) 272-

5449 or (800) 993-2822. Please record a name, address, telephone number

and request this publication. Persons who want a copy in an alternate

format should specify the type of format (audio cassette tape, Braille,

large print, or computer disk). This document is also available on the

Board's Internet site (http://www.access-board.gov/rules/child.htm).

Background

The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101

et seq.) is a comprehensive civil rights law which prohibits

discrimination on the basis of disability. Titles II and III of the ADA

require, among other things, that newly constructed and altered State

and local government buildings, places of public accommodation, and

commercial facilities be readily accessible to and usable by

individuals with disabilities. The Access Board is responsible for

developing accessibility guidelines for the construction and alteration

of such facilities so that they are accessible as required by the ADA.

The Access Board initially issued the Americans with Disabilities Act

Accessibility Guidelines (ADAAG) in 1991 (36 CFR part 1191, appendix

A).

Under the ADA the Department of Justice is responsible for issuing

regulations to implement titles II and III of the Act. The regulations

issued by the Department of Justice include accessibility standards for

newly constructed and altered facilities covered by titles II and III

of the ADA. These standards must be consistent with the accessibility

guidelines issued by the Access Board. The Department of Justice has

adopted ADAAG as its Standards for Accessible Design, published as

appendix A to 28 CFR part 36 and intends to amend those standards by

adding the alternate specifications adopted by the Access Board for

building elements designed for use by children. Until such time as the

Department of Justice adopts these guidelines as standards, the

guidelines are advisory only and are not to be construed as

requirements.

In 1986 the Access Board issued ``Recommendations for Accessibility

Guidelines to Serve Physically Handicapped Children in Elementary

Schools.'' The report included recommended modifications or additions

based on children's sizes to certain sections of an earlier

accessibility rule, the Uniform Federal Accessibility Standards (UFAS).

The recommendations were developed to assist states in designing and

constructing accessible elementary schools. Many states and localities

have applied these recommendations to newly constructed schools serving

grades one through six.

ADAAG as published in 1991 did not provide requirements based on

children's dimensions. ADAAG includes a provision, 2.2 (Equivalent

Facilitation), which permits departures from ADAAG requirements that

provide equal or greater access. While this provision may serve as the

basis for departures from ADAAG in designing for access according to

children's dimensions, designers and others have sought specific

guidance and technical criteria in this area.

In 1992, new recommendations were developed through a research

project sponsored by the Access Board. The project studied

accessibility requirements for children with disabilities at a variety

of facilities. The Center for Accessible Housing (CAH) at North

Carolina State University in Raleigh, North Carolina conducted this

study, which included a review of codes, standards, and guidelines,

ergonomic studies and evaluation literature, and post-occupancy

evaluations of children's facilities. This study focused on facilities

serving pre-kindergarten and elementary school-aged children and, to a

lesser extent, facilities serving infants and toddlers. The recommended

guidelines developed from this study are known as ``Recommendations for

Accessibility Standards for Children's Environments,'' (referred to as

the ``CAH study'' in the preamble to this rule).1

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\1\ Print or computer disk copies of these recommendations are

available from the Access Board.

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On February 3, 1993, the Access Board published an advance notice

of proposed rulemaking (ANPRM) in the Federal Register (58 FR 6924).

The ANPRM sought comment on general issues, such as the recommended

scope of these guidelines and the ages or grades that should be

covered. The ANPRM also requested information on standards or

guidelines for children's environments currently in use, building

products and technologies currently available that specifically serve

children, and elements and features unique to children's environments

that may merit specific attention. Approximately 75 comments were

received in response to the ANPRM. Commenters included state and local

departments of education, groups representing children with

disabilities, plumbing fixture manufacturers, individuals, and design

professionals. These comments were analyzed and used in the development

of proposed guidelines.

On July 22, 1996, the Access Board issued jointly with the

Department of

[[Page 2061]]

Justice a notice of proposed rulemaking (NPRM) for children's

facilities in the Federal Register (61 FR 37964). This rule proposed

adding a special occupancy section to ADAAG entitled ``15. Children's

Facilities.'' The proposed rule modified ADAAG requirements for

application to facilities or portions of facilities constructed

primarily for use by children ages 2 through 12. Section 15 applied

ADAAG 4.1 through 4.35 but modified various requirements. Requirements

addressed reach ranges (15.2), protruding objects (15.3), handrails at

ramps and stairs (15.4), drinking fountains and water coolers (15.5),

water closets (15.6), toilet stalls (15.7), lavatories and mirrors

(15.8), storage (15.9), and fixed or built-in seating and tables

(15.10). The proposed rule asked questions about these elements and

other design considerations concerning clear floor space, knee

clearance, accessible routes, door hardware, urinals, sinks, and

signage. The proposed rule did not address play settings or fixed play

equipment which will be addressed in a separate rulemaking on

recreational facilities. The Access Board and the Department of Justice

distributed the proposed rule to state departments of education and

education associations, the state building code authorities, and other

responsible agencies of the 50 states to seek their input and comment.

Over 80 comments were received in response to the proposed rule.

The following three groups each represented approximately a quarter of

the commenters: parents of children with disabilities, most addressing

the needs of children with dwarfism; accessibility consultants and

designers, including several that specialize in the design of

children's environments; and government entities, such as state

departments of education and commissions on disability, local school

districts, and several Federal agencies. The remainder of the comments

were from local and national disability groups, manufacturers, various

trade associations, a code organization, companies that provide child

care services, and others. A summary of comments received may be found

in the following General Issues section, the Section-by-Section

Analysis, and the Other Issues section.

General Issues

This section of the rule addresses issues pertaining to the

application of the final rule. Individual provisions addressed in this

rule are discussed in detail under the Section-by-Section Analysis

below.

The final rule provides alternate specifications based on

children's dimensions as exceptions to specifications based on adult

dimensions. As exceptions, these specifications are discretionary, not

mandatory. This represents a change from the proposed rule, which

provided mandatory requirements applicable to facilities or portions of

facilities constructed according to children's dimensions. Also, the

final rule focuses more clearly on elements used primarily by children

than the proposed rule, which applied to ``facilities or portions of

facilities constructed according to children's dimensions.''

Comment. Several commenters stated that it was not clear whether

the proposed children's guidelines were mandatory requirements or

permitted alternatives to ADAAG requirements based on adult dimensions.

One commenter recommended that the children's guidelines be written as

exceptions to ADAAG requirements.

Response. Generally, buildings codes and best practices specify

that elements and facilities be provided at heights and locations

appropriate for the primary user population served. Although children

are rarely the sole occupant or user of facilities, codes and best

practices often specify that elements such as drinking fountains,

lavatories, and toilet seats be mounted at heights according to

children's size where children are the primary users. The proposed rule

was not intended to create a new obligation for covered entities to

design or construct elements according to children's dimensions and

anthropometrics. Instead, it applied mandatory specifications where

building elements are designed or constructed according to children's

dimensions and anthropometrics. In the final rule, the guidelines have

been incorporated into ADAAG as exceptions to technical requirements so

that these guidelines function as permitted departures from

requirements based on adult dimensions where certain elements are

designed for use primarily by children. The decision to use an

exception is optional but will likely be determined where best

practices or building codes call for design based on children's

dimensions. Consequently, making the requirements of this rule

discretionary should not affect the intended application of this rule

as proposed. If an exception in this rule is used, then the technical

specifications they contain or reference must be followed (although as

with any ADAAG requirement, departures providing equal or greater

access are permitted under the provision of equivalent facilitation at

ADAAG 2.2).

Comment. A majority of commenters supported the approach taken in

the proposed rule, including its organization as a special occupancy

section. However, some considered the application and scope of section

15 too vague. The proposed rule's application to ``facilities or

portions of facilities'' designed for children was an apparent source

of confusion as some commenters noted that it was not clear which types

of facilities were covered. Several commenters recommended that a

variety of facilities be specifically addressed in the final rule,

including museums, libraries, shopping malls, nurseries, day care

centers, cafeterias, and others.

Response. For clarity, the final rule has been reorganized to focus

more clearly on building elements designed for use by children instead

of facilities or portions of facilities. The specifications of the

proposed special occupancy section have been incorporated into ADAAG as

exceptions to technical requirements based on adult dimensions instead

of as a special occupancy section. These exceptions are usable

regardless of whether the facility primarily serves children, such as a

school, or equally serves adults, such as a museum, shopping mall, or

restaurant. The basis for the exception is not the type of facility,

but the provision of elements based on children's dimensions.

Comment. The proposed rule covered facilities or portions of

facilities constructed according to children's dimensions and

anthropometrics for ages 2 through 12. The dimensions of children aged

2 and older are reflected in many existing state and local education or

building design guidelines and recommendations. With respect to schools

or areas within schools serving children over 12 years old, most states

apply design standards based on adult dimensions. A majority of

comments did not support the proposed age range. While a few

recommended broadening this range to cover children younger than 2 or

older than 12, most favored reducing the range. These comments stated

that children younger than 5, including those without disabilities,

often need assistance or supervision in using elements such as water

closets. Some recommended that children's guidelines apply where

facilities or elements are designed for use by children over ages 4 or

5. A design firm that specializes in child care facilities recommended

that access not be required to all toilet rooms serving children in

child care facilities due to

[[Page 2062]]

the space and cost impact. According to this commenter, toilet rooms in

child care facilities are an ``extension of the classroom'' where,

until age 5 or 6, children learn proper health habits.

Response. The final rule covers access for children ages 12 and

younger. The age at which children independently use various building

elements such as water closets varies. Also, adult assistance and

supervision helps teach children how to use such elements by

themselves. Thus accessibility, which includes features such as grab

bars at water closets, is essential for children with disabilities to

learn how to independently use water closets and other fixtures. For

these reasons, coverage of children below age 5 has been retained in

the final rule. However, a minimum age is not specified in the final

rule since the decision to design a space or element according to

children's sizes will typically drive the use of these alternate

specifications. For example, if a toilet room is intended primarily for

young children and is designed according to children's dimensions, then

the alternate specifications will likely be used since the only

alternatives would be ADAAG requirements based on adult dimensions or

departures based on ``equivalent facilitation'' which provide equal or

greater access. Toilet rooms not designed according to children's

dimensions, including those that serve young children, do not have to

comply with the alternate specifications. Exceptions of this rule for

lavatories, sinks, and fixed seating and tables cover elements used

primarily by children ages 5 and younger and address conflicts between

current design practice and accessibility requirements. These are

further discussed below in the Section-by-Section Analysis.

Section-by-Section Analysis

This section of the preamble summarizes each of the provisions of

the final rule and the comments received in response to the proposed

rule. Where the provision in the final rule differs from that of the

proposed rule, an explanation of the modification is provided. Building

elements addressed by the proposed rule but not included in the final

rule are discussed in a following section labeled Other Issues.

2 General

2.1 Provisions for Adults and Children

The final rule contains alternate specifications based on

children's dimensions as exceptions to ADAAG technical requirement for

drinking fountains, water closets, toilet stalls, lavatories, sinks,

and fixed or built-in seating and tables. This is indicated in a

revision to a general statement in ADAAG 2.1 that previously recognized

only adult dimensions and anthropometrics. As revised in the final

rule, this provision notes that ADAAG provides alternate specifications

based on children's dimensions and anthropometrics for these elements.

4 Accessible Elements and Spaces: Scope and Technical Requirements

4.2 Space Allowances and Reach Ranges

4.2.5 Forward Reach. 4.2.6 Side Reach. The proposed rule

specified maximum and minimum mounting heights for controls and

operating mechanisms and storage elements designed for children's use.

These heights were specified for three age ranges: 36 inches (high) and

20 inches (low) for ages 2 through 4, 40 inches (high) and 18 inches

(low) for ages 5 through 8, and 44 inches (high) and 16 inches (low)

for ages 9 through 12. Consistent with CAH recommendations, these

ranges were the same for forward and side reaches. The proposed rule

also addressed the height of storage elements and referenced the reach

range requirements. The proposed reach ranges for children have been

included in the final rule as advisory information in an appendix note

to 4.2.5 (Forward Reach) and 4.2.6 (Side Reach). This information notes

that these specifications are recommended for fixed building elements

or controls designed for use primarily by children 12 and younger and

that those designed for use by adults only need not be located within

the recommended ranges. The reach ranges are consistent with the

proposed rule except that the ages covered start at 3 years instead of

2 years. ADAAG 4.25 (Storage) and 4.27 (Controls and Operating

Mechanisms) reference the reach range requirements in 4.2.5 and 4.2.6.

Since the appendix information on children's reach ranges is relevant

to these sections as well, cross references to A4.2.5 & 4.2.6 (Reach)

have been added to the appendix at A4.25 and A4.27.

Comment. The proposed rule asked whether the proposed reach ranges

were appropriate for children ages 2 through 12 (Question 3) and also

requested data on children's reaches over obstructions (Question 4).

Specifications for obstructed reaches were not proposed due to

insufficient information. Some commenters supported the proposed

specifications while others opposed the approach as too complex and

recommended that a single range be used for all ages covered. Parents

of children with dwarfism recommended further study so that the needs

of children of short stature are addressed. These commenters included

the age and measured high reach of their child although how this reach

was measured was not indicated. The average reach height by age group

among these children was 33 inches for ages 2 through 4, 41 inches for

ages 5 through 8, and 44 inches for ages 9 through 12. Some commenters

advised that the rule should exempt elements intended for adult use

only, such as fire extinguishers and alarms, electrical receptacles,

phones and intercoms, and thermostats. A few comments noted that

elements must be at least 54 inches from the floor to be considered out

of children's reach (which is the maximum permitted by ADAAG for an

adult side reach). Conversely, some comments recommended that certain

elements such as telephones and elevator controls be covered by the

children's rule. Few commenters provided information or anthropometric

data on the appropriateness of the proposed specifications or on

reaches over obstructions.

Response. The CAH study recommended a reach range of 20 inches

(low) to 36 inches (high) for all children. However, the ergonomic data

evaluated in this study did not conclusively justify limiting

specifications for children older than 4 years to this range. Reach

range specifications, including those for obstructed reaches, have not

been included in the text of the rule due to a lack of sufficient data.

The proposed specifications have been included in the final rule in the

appendix as advisory (non-mandatory) information. This information will

provide guidance where certain building elements, such as lockers, and

controls are to be designed according to the dimensions of children

ages 12 and younger.

4.8 Ramps

4.9 Stairs

The proposed rule required a second set of handrails at ramps and

stairs that serve elements or spaces constructed according to

children's dimensions. This requirement specified a mounting height of

20 to 28 inches measured from the ramp surface or stair nosing to the

top of the gripping surface. These specifications were derived from the

CAH study and were similar to several state requirements or

recommendations. ADAAG requires a mounting height of 34 to 38 inches

for handrails based on

[[Page 2063]]

adult dimensions. A requirement for secondary handrails has not been

included in the text of the final rule. However, advisory information

on lower handrails has been added to the appendix at A4.8 and A4.9.

This information recommends a secondary set of handrails at ramps or

stairs in facilities that primarily serve children, such as elementary

schools. A maximum handrail height of 28 inches is recommended. It is

also recommended that the vertical clearance between handrails be at

least 9 inches in order to reduce the risk of entrapment.

Comment. The vertical clear space between the handrails required by

ADAAG and the proposed lower rail for children's use could range from

4\1/2\ to 16\3/4\ inches. The proposed rule sought comment on whether

this posed an entrapment hazard (Question 6) and whether a clearance of

as a little as 4\1/2\ inches was sufficient for gripping the lower rail

(Question 7). Most commenters stated that this requirement would pose

an entrapment hazard. Several noted specifications in model codes that

address openings such as those between vertical guardrails which

require them to be spaced or to have a pattern that prevents passage of

a 4 inch sphere (1994 UBC section 509.3, BOCA Section 1021.3 1996).

Several comments indicated that certain guidelines, such as the

Consumer Product Safety Commission Handbook for Playground Safety,

consider openings between 3\1/2\ inches and 9 inches to be a hazard.

Some commenters recommended a height of 26 to 28 inches as safer and

noted that a rail as low as 20 inches can become a climbing structure

or produce a ``ladder effect.'' One commenter cited research which

suggests that children over age 7 can use handrails at adult heights.

Comments were divided on the question of whether a 4\1/2\ inch vertical

clearance between handrails will allow sufficient room for grasping the

lower rail. Some considered the 4\1/2\ inch clearance sufficient while

almost an equal number did not and recommended minimum clearances

ranging from 6 to 9 inches.

Response. A requirement for lower handrails has not been included

in the final rule. Additional guidance has been added to an appendix

note at A4.8.5 (Handrails) which recommends a second set of handrails

where children are the principal users in a building or facility. The

final rule adds a recommendation for a maximum height of 28 inches for

the lower handrail and a vertical clearance between handrails of at

least 9 inches. A reference to this appendix note is provided for

stairs at A4.9.5 (Handrails).

ADAAG 4.8 (Ramps) specifies that the ramp slope not exceed 1:12 and

limits the rise of each run to 30 inches. The Board sponsored a

research project conducted by the Center for Universal Design at North

Carolina State University to re-evaluate specifications for ramps.

Completed in 1996, this study included subject testing with a test

sample of more than 170 subjects. However, only a small portion (2.9%)

of subjects were under age 16. The overall conclusion of this study was

to retain without change existing ADAAG technical requirements for

ramps, including those for slope and rise. The study noted that age

seemed to have little bearing on the ability of subjects to use

ramps.\2\

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\2\ ``A Review of Technical Requirements for Ramps,'' 1996 is

available from the Board in hard copy and on computer disk.

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The CAH children's study and comments to the ANPRM considered the

1:12 maximum slope too steep for children and recommended slopes of

1:16 to 1:20 to take into account the differences in strength and

stamina between children and adults. The CAH study also recommended a

maximum length run of 20 feet for ramps in children's's facilities

since children do not have as much strength as adults in negotiating

longer ramps. For ramps with a maximum slope of 1:12, ADAAG requires a

maximum length of 30 feet for each run.

Comment. The Board sought comment on whether a lower slope should

be specified for ramps designed for children's use (Question 23) and

whether ramps should be limited to a 20 foot length (Question 24).

Commenters were divided on both questions. Comments supporting a lower

slope varied in their recommendations between a 1:16 maximum, a 1:20

maximum, or a range in between. Some commenters opposed a lower slope

and shorter length due to the space impact of shallower ramps and

additional intermediate landings. A few commenters deferred to the

Board's ramp study.

Response. Alternate specifications for ramps based on children's

strength and stamina are not included in the final rule. Further study

is considered necessary to determine whether alternative criteria are

necessary for children with disabilities.

4.15 Drinking Fountains and Water Coolers

This section of the rule modifies ADAAG 4.15 (Drinking Fountains

and Water Coolers) by providing an exception for drinking fountains

used primarily by children ages 12 and younger. ADAAG 4.15.5(1)

requires that drinking fountains cantilevered from walls or posts

provide knee clearance (27 inches minimum) and toe clearance (9 inches

minimum) below the unit for a forward approach. Under the exception

provided in the final rule, these clearances are not required at units

designed for use primarily by children ages 12 and younger so long as

space for a parallel approach is provided and the spout is no higher

than 30 inches from the ground or floor surface. This differs from the

proposed rule, which specified a maximum spout height of 30 inches but

also required a minimum knee clearance of 24 inches and a minimum toe

clearance of 12 inches.

Comment. Comment was sought on whether products are currently

available that meet the proposed specifications and, if not,

information was requested on conflicting product or design

specifications (Question 9). Several comments indicated that products

meeting the proposed specifications are available but did not specify a

type or model. Several other commenters, including a manufacturer of

drinking fountains, stated that refrigerated units that meet the

criteria are not available. The main conflict is the required knee and

toe clearances which do not permit space for the refrigeration system

below units mounted to provide a 30 inch spout height. Non-refrigerated

units may meet these requirements if a remote chiller is used.

According to the manufacturer, units with a refrigeration system

located both above and below the top of the unit could be developed

although the costs and volume potential for such units are not

currently known.

Response. The final rule does not require knee and toe clearance

below units mounted at children's heights (30 inch maximum spout

height) so long as space for a parallel approach complying with 4.2.4

is provided. While a forward approach is preferred for easier access,

this exception is provided due to remaining questions about the

availability of complying products and the impact of possible design

and product solutions that, in effect, may discourage provision of

drinking fountains at children's heights.

4.16 Water Closets

This section of the rule modifies ADAAG 4.16 (Water Closets) by

providing an exception for water closets used primarily by children

ages 12 and younger. Under this exception, compliance with 4.16.7

(Water Closets

[[Page 2064]]

for Children), is permitted as an alternative to the specifications in

sections 4.16.2 through 4.16.6. This subsection tracks 4.16 (Water

Closets) in providing requirements for clear floor space, the height of

water closets, grab bars, flush controls and dispensers and provides

specifications from the proposed rule derived from the CAH study. Most

of these provisions provide specifications as a range. An appendix note

provides additional guidance on applying these specifications according

to three age groups: 3 and 4, 5 though 8, and 9 through 12.

Comment. The proposed rule provided specifications for water

closets in a chart according to three age groups: 2 through 4, 5

through 8, and 9 through 12. The Board sought information on alternate

specifications that would singularly serve children ages 2 through 12

(Question 10). Comments did not recommend alternative specifications

but did question the need to include requirements for children 2 to 4

years old since children of this age, including those without

disabilities, may need adult assistance in using water closets. Several

considered different specifications based on three age groups confusing

and urged simplification of this section.

Response. In the final rule, the specifications for the three age

groups have been combined into a single range for simplicity. An

appendix note to 4.16.7 provides guidance in applying these

specifications according to the three age groups. In addition, the

youngest age range has been changed from ``2 to 4 years'' to ``3 and 4

years.'' However, this appendix information is advisory so that the

specifications for this table can be applied to water closets serving

children younger than three years as appropriate.

4.16.7(1) Clear Floor Space. Section 4.16.7(1) (Clear Floor Space)

requires that water closets which are not located in stalls comply with

Figure 28 except that the centerline of the water closet shall be 12

inches minimum to 18 inches maximum from the side wall or partition.

ADAAG specifications based on adult dimensions in 4.16.2 require a

centerline placement of 18 inches absolute. An appendix note to 4.16.7

recommends a centerline placement of 12 inches for children ages 3 and

4, 15 inches for children ages 5 through 8, and 15 to 18 inches for

children ages 9 through 12. These specifications are the same as those

in the proposed rule. Few comments addressed this requirement.

4.16.7(2) Height. Section 4.16.7(2) (Height) specifies that the

height of water closets be 11 to 17 inches measured to the top of the

toilet seat and prohibits seats that are sprung to return to a lifted

position. ADAAG 4.16.3 (Height) requires a height of 17 to 19 inches

for water closets serving adults. The appendix recommends a seat height

of 12 inches for ages 3 and 4, 12 to 15 inches for ages 5 through 8,

and 15 to 17 inches for ages 9 through 12. These specifications are

consistent with those of the proposed rule.

4.16.7(3) Grab Bars. Section 4.16.7(3) (Grab Bars) requires that

grab bars be provided on the side and rear wall at toilets as shown in

Figure 29 but requires a mounting height of 18 to 27 inches instead of

33 to 36 inches as is specified for adults. The rear grab bar is

required to be at least 36 inches long. An appendix note recommends a

grab bar height between 18 to 20 inches for ages 3 and 4, 20 to 25

inches for ages 5 though 8, and 25 to 27 inches for ages 9 through 12.

Comment. The heights specified for grab bars will conflict with

most tank-type water closets. The proposed rule asked whether tank-type

models are commonly used in facilities serving children and requested

information on the cost difference between water closets with tanks and

those without (Question 11). A majority of commenters indicated that

water closets with tanks are rarely used in children's facilities

because of maintenance and safety considerations. Some commenters noted

that water closets with tanks are typically used where the water

pressure is insufficient to use water closets with flush valves. A few

noted that facility capacity, operation, and maintenance policies may

be a factor in this determination as well. Of the few comments

providing cost estimates, there was little consensus. Estimates

included a 100 percent increase in the cost of water closets without

tanks while another considered the cost to be about the same. One

designer suggested a $300 to $400 cost increase, including

installation, in the use of water closets without tanks. A few

commenters indicated that complying products with tanks are available.

Response. A rear grab bar is essential for access to water closets.

While there may be a cost increase in the use of complying models with

tanks or models without tanks, such an impact will occur only in those

limited instances where a standard tank-type model is preferred. The

requirement for rear grab bars has been retained in the final rule.

Comment. The proposed rule asked whether the grab bar heights

specified for children conflict with any building or plumbing code

requirements for flush control location, size, or height (Question 12).

Most comments indicated that a rear grab bar mounted at the proposed

heights will conflict with industry standards for flush controls rather

than building or plumbing codes. According to commenters, standard

flush control design requires a clearance of approximately 14 to 17

inches above the top of the toilet seat (which includes approximately 3

inches for maintenance and replacement). Several comments recommended

design solutions including concealing the flush valve unit in the wall

or plumbing chase or splitting the rear grab bar.

Response. An exception is provided in the final rule that allows

the rear grab bar to be split or to be shifted to the open side of the

water closet where the flush control location required by

administrative authorities conflicts with the grab bar. Since water

closets designed for children may be located closer to the side wall

(12 to 18 inches centerline), splitting the rear grab bar may not

always be practicable. Consequently, this exception permits a shorter

rear grab bar 24 inches long minimum on the open side of the toilet

area at water closets with a centerline placement below 15 inches.

Comment. The proposed rule specified a 1 to 1\1/4\ inch diameter

for grab bars, which differs from the 1\1/4\ to 1\1/2\ inch diameter

ADAAG requires for adults in ADAAG 4.26 (Handrails, Grab Bars, and Tub

and Shower Seats). With respect to handrails at ramps and stairs, the

proposed rule asked whether this should be specified as an outer

diameter since industry practice specifies pipe size by the inner

diameter (Question 8). Under a 1\1/4\ inch specification, this could

lead to an outer diameter of 1\5/8\ inches. Commenters supported an

outer diameter specification of 1 to 1\1/4\ inches but an equal number

either preferred the 1\1/4\ to 1\1/2\ inch range or suggested allowing

a 1\5/8\ inch outer diameter. One commenter noted that a 1\1/2\ inch

diameter is better for children ages 5 through 12 but did not include

any supporting data. The vast majority of comments stressed that the

specification should address the outer diameter of handrails so that

there is less ambiguity in the use of pipe.

Response. The proposed requirement for a 1 to 1\1/4\ inch grab bar

diameter has not been retained in the final rule. The requirement for

grab bars in 4.16.7(3) references ADAAG 4.26, which specifies a 1\1/4\

to 1 \1/2\ inch diameter for grab bars and handrails. ADAAG Figure 39

indicates that this applies to the outer diameter; however standard

pipe sizes designated by the industry as 1\1/4\ inch to 1\1/2\ inch are

acceptable. A requirement for handrails designed for

[[Page 2065]]

children at ramps and stairs has not been included in the final rule.

Comment. Some building codes require grab bars to have textured

surfaces. The proposed rule asked whether grab bars for children should

be textured and, if so, which types of texturing are most effective

(Question 13). Most comments supported such a requirement and

recommended knurled or peened textures, standard brush finishes, and

rubber covering. Several comments noted that some textures are hard to

clean and may not meet sanitation requirements. One comment from a

local disability group stated that further study was needed.

Response. Further information is needed on the appropriateness and

effectiveness of various textures before requiring grab bars to be

textured. A requirement for texturing is not included in the final

rule.

4.16.7(4) Flush Controls. Section 4.16.7(4) (Flush Controls)

requires flush controls for water closets serving children to be hand

operated or automatic and meet requirements for controls and operating

mechanisms in ADAAG 4.27.4 (Operation). It also specifies that flush

valves must be mounted on the wide side of the toilet no more than 36

inches above the floor. The proposed rule required that flush controls

be located within the reach ranges proposed for three age groups: a

maximum 36 inch height at water closets serving children ages 2 through

4, a 40 inch height at those serving children ages 5 through 8, and a

44 inch maximum height at those serving children ages 9 through 12.

Comment. The proposed rule asked whether these heights conflict

with any plumbing codes, industry practices, or design practices

(Question 14). Most commenters responding to this question noted that

industry conventions for flush controls will conflict with the

requirement for grab bars mounted 20 to 27 inches high on the wall

behind the water closet. Conventional flush control design requires a

clearance above the toilet seat of approximately 14 to 17 inches

according to several comments.

Response. The final rule specifies a maximum height of 36 inches

for flush controls at water closets serving children 12 and younger and

does not recognize higher heights for older children within this age

range. Since information from commenters indicates that this height

will not conflict with plumbing or design and industry practices, this

change has been made for easier access and simplicity. An exception to

the requirement for rear grab bars has been provided to address

conflicts between industry conventions for flush controls and rear grab

bars. See 4.16.7(3) (Grab Bars) above.

4.16.7(5) Dispensers. Section 4.16.7(5) (Dispensers) requires

toilet paper dispensers to be 14 to 19 inches above the finished floor

measured to the dispenser centerline and prohibits those that control

delivery or that do not provide continuous paper flow. ADAAG 4.16.6

(Dispensers) requires a 19 inch minimum height at water closets

designed for adults. The appendix recommends a dispenser height of 14

inches for ages 3 and 4, 14 to 17 inches for ages 5 through 8, and 17

to 19 inches for ages 9 through 12. Few comments addressed these

specifications and no substantive changes have been made in the final

rule.

4.17 Toilet Stalls

This section of the rule modifies ADAAG 4.17 (Toilet Stalls) by

providing an exception for toilet stalls used primarily by children

ages 12 and younger. Under this exception, compliance with 4.17.7

(Toilet Stalls for Children) is permitted as an alternative to

specifications in 4.17 based on adult dimensions. This subsection is

modeled after 4.17.2 through 4.17.6 in providing requirements for water

closets, stall size and arrangement, toe clearances, doors, and grab

bars. The specifications it contains are derived from the CAH study and

were included in the proposed rule. An appendix note to 4.17.7

references recommendations in A4.16.7 for water closets, grab bars, and

dispensers based on three age groups: 3 and 4, 5 through 8, and 9

through 12.

4.17.7(1) Water Closets. Section 4.17.7(1) (Water Closets) requires

water closets to comply with 4.16.7 (Water Closets for Children).

4.17.7(2) Size and Arrangement. Section 4.17.7(2) (Size and

Arrangement) is consistent with ADAAG requirements for stalls based on

adult dimensions in 4.17.3 (Size and Arrangement) except for water

closet placement and minimum stall depth. In stalls designed for use

primarily by children, the centerline of water closets is required to

be 12 to 18 inches from the side wall or partition. This is consistent

with the requirement for children's water closets not located in stalls

at 4.16.7(1). It also requires a minimum depth for standard stalls of

59 inches, including where a wall-mounted water closet is provided.

ADAAG specifications based on adult dimensions permit a 56 inch minimum

stall depth where wall-mounted water closets are provided since

additional toe clearance below the fixture is available. This 3 inch

``credit'' is not permitted for standard stalls designed for children

because the lower mounting height of children's water closets provides

less clearance. The CAH study indicated that children using wheelchairs

need a higher clearance because their footrests are set higher from the

floor than an adult's footrests. This requirement also applies to

alternate toilet stalls required to be at least 69 inches deep.

Comment. The proposed rule asked for information on the cost impact

of requiring a 59 inch minimum depth for accessible standard stalls

serving children (Question 15). Several comments indicated that the

cost impact is minimal.

Response. The stall depth requirements of the proposed rule have

been retained in the final rule.

4.17.7(3) Toe Clearances. Section 4.17.7(3) (Toe Clearances)

requires that in standard stalls, the front partition and at least one

side partition be at least 12 inches above the floor to provide toe

clearance. ADAAG requirements based on adult dimensions specify a

minimum 9 inch toe clearance. The 12 inch specification is based on a

recommendation from the CAH study which indicated that children's

wheelchair footrests are generally higher than those of wheelchairs

used by adults.

Comment. ADAAG requirements based on adult dimensions do not

specify a toe clearance at stalls deeper than 60 inches. The proposed

rule asked whether the 12 inch toe clearance should be required in

children's stalls deeper than 60 inches (Question 16). Commenters were

evenly split on this question. Several designers noted that partitions

are typically mounted from 12 to 14 inches above the floor.

Response. In the final rule, a 12 inch toe clearance is required

for stall partitions without respect to the compartment depth. This

additional maneuvering room is necessary within the confined space of

toilet stalls because children using wheelchairs may not be as skilled

in maneuvering as adults.

Comment. The proposed rule also asked whether a 12 inch toe

clearance compromises privacy at water closets serving children ages 2

through 4 which may have a seat height of 11 to 12 inches (Question

17). Several comments stated that this would compromise privacy while a

similar number said that it would not, with some noting that the angle

of visibility is a factor. Some comments felt that privacy should not

be compromised while others noted that this was less of an issue among

children ages 2 through 4.

Response. The final rule retains the 12 inch minimum toe clearance.

Where

[[Page 2066]]

privacy is a concern at stalls serving young children, a seat height

slightly higher than that recommended in the appendix for children ages

3 or 4 (11 to 12 inches) can be used.

4.17.7(4) Doors. Section 4.17.7(4) (Doors) requires that stall

doors comply with ADAAG 4.17.5 (Doors), which references section 4.13

(Doors and Doorways) and specifies maneuvering clearances. It does not

include different specifications based on children's dimensions and is

consistent with the proposed rule.

4.17.7(5) Grab Bars. Section 4.17.7(5) (Grab Bars) requires that

grab bars meet the requirements of ADAAG 4.16.7 (Grab Bars) and Figure

30 (a) through (d) but specifies a mounting height of 18 to 27 inches

above the finished floor measured to the grab bar centerline instead of

the 33 to 36 inches specified for adults. In the appendix, a cross

reference is provided to A.4.16.7, which recommends mounting heights

within this range based on three age groups: 3 and 4, 5 though 8, and 9

through 12. These specifications are consistent with those of the

proposed rule except that the requirement for a 1 to 1\1/4\ inch grab

bar diameter has not been included in the final rule as discussed above

at 4.16.7(3) (Grab Bars). An exception is provided where the required

location of flush controls for flush valves conflicts with the rear

grab bar. This exception is discussed at 4.16.7(3) above.

4.19 Lavatories and Mirrors. ADAAG 4.19 provides specifications for

lavatories and mirrors that are based on adult dimensions. Section

4.19.2 (Height and Clearances) specifies a maximum rim or counter

height of 34 inches, an apron clearance of at least 29 inches, a

minimum knee clearance of 27 inches, and a minimum toe clearance of 9

inches. Section 4.19.3 (Clear Floor Space) requires that the clear

floor space below the fixture be 17 to 19 inches deep. The final rule

provides an exception (number 1) for lavatories used primarily by

children ages 6 through 12. This exception permits an apron and knee

clearance of 24 inches minimum provided that the rim or counter surface

is no higher than 31 inches. Specifications in the proposed rule for

the apron clearance (27 inches minimum), toe clearance (12 inches

minimum), and the depth of usable clear floor space below the fixture

(14 inches maximum) have not been retained in the final rule. The

proposed maximum height for the rim or counter surface of 30 inches has

been increased to 31 inches. The final rule includes another exception

(number 2) under which lavatories used primarily by children ages 5 and

younger need not provide these clearances if space for a parallel

approach is provided.

Comment. A number of comments indicated that a rim or counter

height below 30 inches better serves young children. Most recommended

heights fell within a range of 20 to 24 inches for children ages 2 to

5. A few comments noted that in child care facilities, exposed pipes

can pose an entrapment hazard and enclosed cabinets are used to prevent

such hazards.

Response. Since the standard height of lavatories designed for

children 5 years and younger will not accommodate the specified knee

clearance (24 inches minimum), clearances for a forward approach are

not required at them if space for a parallel approach complying with

4.2.4 is provided. Under this exception, space below lavatories can be

enclosed.

Comment. The proposed rule asked whether products are currently

available that meet the proposed specifications for lavatories and if

not, what the conflicts are with product specifications or designs

(Question 18). Most comments noted that complying products are

available, including wall-hung and counter top products. Several

commenters, including a major manufacturer of lavatories, indicated

that a 30 inch maximum height for the rim or counter surface and the

proposed 27 inch high apron clearance would permit a fixture thickness

of only 3 inches which will not allow adequate structural strength to

be built into prefabricated units. In addition, a 6 inch bowl depth and

a 12 inch toe clearance leave only 12 inches for two supply pipes, one

drain, and a stopper assembly. Information from manufacturers indicates

that at least 7 inches is needed between the knee clearance and the rim

or counter surface to accommodate lavatory bowls as currently designed.

Response. The proposed requirement for a 27 inch minimum apron

clearance and a 12 inch minimum toe clearance have not been included in

the final rule. According to the CAH study, a higher toe clearance

better serves children (as is recognized for stall partitions in

4.17.7(3) above). However, the standard 9 inch minimum clearance will

permit space needed for plumbing. To a certain extent, the height of

toe clearance at lavatories is related to the depth of clear floor

space below the fixture. Younger children will likely benefit the most

from a higher toe clearance; however, their smaller stature may require

less pull-up space below the fixture. The 14 inch maximum depth

specified in the proposed rule has not been retained in the final rule.

The 17 to 19 inch depth specified for this space in ADAAG for adults

will maximize the clearance beyond the knee space at lavatories

designed for children. The maximum height for the rim or counter

surface has been increased from 30 to 31 inches in order to provide

sufficient space for the bowl. Consistent with ADAAG specifications for

adult lavatories, this will allow 7 inches instead for 6 inches

measured from the knee clearance.

Comment. The CAH study recommended that faucets be located within

14 inches from the leading edge of lavatories so that they are within

reach for children using wheelchairs. As noted in the proposed rule,

the Texas State Building Code (section 2.1.1, Texas Accessibility

Standards, April 1, 1994) requires a maximum 18 inch distance at

lavatories serving children ages 4 through 11. The proposed rule

requested comment on faucet locations no more than 14 inches from the

lavatory leading edge and aside or in front of bowls and requested

information on new technologies such as automatic sensors (Question

19). Most commenters supported the 14 inch maximum distance and a

number advocated automatic sensor faucets. A few commenters supported

location of faucets aside bowls. A lavatory manufacturer noted that

there have been advancements in the technology used for automatic

sensors and that they are easy to maintain, have very few internal

moving parts, are less prone to vandalism, and have longer replacement

cycles. A design firm noted that it currently specifies automatic

sensors for children's lavatories. Several commenters considered the 14

inch maximum appropriate for children ages 2 through 4.

Response. Further information is needed on the appropriateness of

requiring faucets to be located no more than 14 inches from the leading

edge of lavatories designed for children ages 5 through 12. The

specification in the Texas State Building Code suggests that while a 14

inch maximum distance will serve children ages 2 through 4, a greater

distance may be acceptable for older children. Because alternative

technologies such as automatic sensors are available, the location or

distance of faucets has not been specified in the final rule.

Additionally, ADAAG Figure 32 requires lavatories to have a horizontal

depth of at least 17 inches; fixtures of this depth may permit rear-

mounted faucets to be within reach for older children.

Comment. The proposed rule specified that the bottom edge of

mirrors above lavatories be mounted no higher than 34 inches above the

floor. ADAAG

[[Page 2067]]

4.19.6 specifies a 40 inch maximum height based on adult dimensions but

recommends full length mirrors to accommodate the broadest range of

people, including ambulatory persons, people using wheelchairs, and

children. The CAH study recommended full length mirrors, which are

commonly provided in elementary school toilet rooms, as mirrors above

lavatories are too high for many children to use. The proposed rule

sought comment on whether full length mirrors should be required in

children's toilet rooms along with clear floor space in front of the

mirror outside the swing of doors (Question 20). A majority of

commenters supported a requirement for full length mirrors. One design

firm indicated that many schools are against placement of mirrors above

lavatories. Some opposed or were concerned about such a requirement

unless specifications on a minimum mounting height or mirror

composition were addressed to prevent breakage. Several recommendations

for a minimum mounting height ranged from 6 to 18 inches. A few

commenters considered slanted mirrors to work well. One comment urged

that any requirement for full length mirrors include appropriate

specifications such as size and mounting height and that developing

these specifications may require study. Several commenters supported a

requirement for clear floor space at mirrors that is outside the door

swing.

Response. Specifications for mirror size and height have not been

included in the final rule due to insufficient information on what

these specifications should be. A recommendation for clear floor space

30 by 48 inches for a forward approach at mirrors that is outside the

swing of doors has been added to the appendix note to 4.19.6 which

addresses full length mirrors. The appendix also recommends that

mirrors located above lavatories designed for children be mounted

either at a maximum height of 34 inches (measured from the floor to the

bottom edge of the reflecting surface) or at the lowest mounting height

permitted by fixtures and related elements.

4.24 Sinks

ADAAG provides technical requirements for sinks based on adult

dimensions in 4.24 (Sinks) but does not apply them or indicate which

sinks must meet this criteria. The CAH study provided recommendations

for sinks designed for children. Like those for lavatories, these

recommendations included a maximum rim or counter height of 30 inches

and a knee clearance at least 24 inches high. The final rule provides

an exception (number 1) for sinks designed for use primarily by

children ages 6 through 12. This exception, located at 4.24.3 (Knee

Clearance), permits a knee clearance of 24 inches instead of 27 inches

provided that the rim or counter height is no higher than 31 inches.

These specifications are consistent with those provided for lavatories

serving children in 4.19.2. The final rule includes another exception

(number 2) under which lavatories used primarily by children ages 5 and

younger need not provide these clearances if space for a parallel

approach is provided.

Comment. The proposed rule noted that standard mounting heights for

sinks serving young children may be 24 to 26 inches high according to

some state requirements for educational facilities and asked whether

product or design solutions are available that meet both the CAH

recommendations and specifications appropriate for standing children

(Question 27). Several comments indicated that products are available

that meet the CAH recommendations but they did not indicate whether

they would also serve young children who do not use wheelchairs.

Response. Since the standard height of sinks designed for children

5 years and younger will not accommodate the specified knee clearance

(24 inches minimum), clearances for a forward approach are not required

at them if space for a parallel approach complying with 4.2.4 is

provided.

4.32 Fixed or Built-in Seating and Tables

ADAAG 4.1.3(18) requires that at least 5 percent of fixed seating

and tables comply with 4.32 (Fixed or Built-in Seating and Tables).

This section of the rule modifies ADAAG 4.32 by providing an exception

for fixed or built-in seating and tables used primarily by children

ages 12 and younger. Under this exception, compliance with 4.32.5

(Children's Fixed or Built-in Seating and Tables) is permitted as an

alternative to the specifications in sections 4.32.2 through 4.32.4.

Section 4.32.5 provides requirements for seating, knee clearance, and

table or counter height. An exception to 4.32.5 is provided in the

final rule for tables or counters used primarily by children ages 5 and

younger. Under this exception compliance with the requirements of

4.32.5 is not required if wheelchair space parallel to tables and

counters is provided.

4.32.5(1) Seating. This provision requires that wheelchair space be

provided at fixed tables or counters and that this clear floor space

not overlap knee space by more than 19 inches. This provision is

consistent with 4.32.2 (Seating).

4.32.5(2) Knee Clearances. This provision requires that where

wheelchair seating space is provided at tables or counters, knee space

at least 24 inches high, 30 inches wide, and 19 inches deep be

provided. This requirement differs from 4.32.3 (Knee Clearances), which

specifies a minimum knee clearance of 27 inches.

4.32.5(3) Height of Tables or Counters. This section requires that

the tops of accessible tables and counters be 26 to 30 inches above the

finish floor or ground. This is different from 4.32.4 (Height of Tables

or Counters) which specifies a table or counter top height of 28 to 34

inches.

Comment. Several comments advised that lower heights within a range

of 16 to 20 inches are often preferred or specified for children 2 to 4

years old.

Response. The exception provided in 4.32.5 for tables and counters

used primarily by children ages 5 and younger permits lower surface

heights where clear floor space complying with 4.2.4 parallel to the

table or counter is provided.

Other Issues

Door Hardware

The Board sought comment on the mounting height of door hardware.

The CAH study recommended that door hardware be mounted 30 to 34 inches

high for children with disabilities, instead of the 48 inch maximum

specified by ADAAG 4.13.9 (Door Hardware). The proposed rule asked

whether this height would serve adults adequately (Question 25).

Comment. Support was expressed for a height up to 34 inches but

several designers considered this below the standard mounting height

for adults, which is within a range of 36 to 42 inches.

Response. An alternative height for door hardware based on

children's dimensions is not provided in the final rule. ADAAG 4.13.9

permits hardware to be mounted below 48 inches.

Signage

Tactile signs are required by ADAAG 4.30.6 (Mounting Location and

Height) to be mounted 60 inches from the floor measured to the sign

centerline. Since this is above the reach height of children, the Board

sought comment on whether tactile signs should be provided to serve

children as well as adults and, if so, whether there was an

[[Page 2068]]

alternative mounting height that would adequately serve both (Question

28).

Comment. A majority of comments indicated that signage is usually

intended for use by adults. There was little consensus among commenters

supporting an alternative height that would serve children and adults.

Response. An alternative mounting height for tactile signage is not

included in the final rule.

Protruding Objects

ADAAG 4.4 (Protruding Objects) specifies that elements mounted on

walls such as phones and light fixtures not project more than 4 inches

from the wall surface if the leading edge is above 27 inches from the

floor. It also specifies that free-standing objects on posts and pylons

may overhang 12 inches maximum if the leading edge is above 27 inches

from the floor. The 27 inch height is based on the cane sweep of people

with vision impairments and range of detection. The cane sweep of

children with vision impairments is typically lower. The proposed rule

reduced the 27 inch height to 12 inches based on recommendations from

the CAH study. This requirement was intended to apply to routes serving

facilities or portions of facilities constructed according to

children's dimensions and anthropometrics.

Comment. The proposed rule sought comment on whether the proposed

requirement for protruding objects should apply only to routes serving

facilities or portions of facilities or whether it should also apply to

routes leading only to an element designed for children (Question 2).

Most comments recommended that the requirement should not apply to

routes leading to single elements designed for children. An

organization representing people with vision impairment opposed

projections with leading edges below 12 inches since children are not

as skilled as adults in using canes. The proposed rule also asked about

the cost impact of the proposed requirement since it would generally

require elements with required knee and toe clearance, such as drinking

fountains, to be located in alcoves or to be protected by walls,

partitions, or other features. Few commenters provided information in

response to this question. Several comments suggested costs between

$200 to $500 for wings walls or partitions at a fixture. One commenter

recommended that the proposed requirement not apply to those elements

required to provide knee clearance.

Response. The final rule has been revised to more clearly focus on

elements designed for use primarily by children. Modified

specifications for protruding objects however would apply to other

elements, including those designed for adult use, along circulation

paths. The application of the proposed specification would be difficult

to determine or be a source of confusion. Further, an organization

representing people with vision impairments suggested that further

study in this area may be advisable. Specifications for protruding

objects based on children's dimensions are not included in the final

rule.

Urinals

The CAH study recommended that urinal rims be 14 inches high

maximum and that flush controls be 30 inches high maximum above the

floor instead of the 17 inch rim height and the 44 inch flush control

height specified by ADAAG 4.18 (Urinals).

Comment. The proposed rule asked whether product or design

solutions are available that meet these specifications and code

requirements (Question 26). Some comments stated that they were not

aware of complying products but suggested design solutions for the

mounting height of flush controls. These included mounting the flush

control on the floor or next to the urinal on the wall, automatic or

electric sensors, or push button controls.

Response. The Board considers additional information on design

alternatives necessary before issuing specifications for urinals based

on children's dimensions.

Clear Floor Space and Accessible Routes

The CAH study recommended wider widths for clear floor space and

accessible routes since a child's upper body strength and maneuvering

skill is not as developed as those of an adult. The study recommended a

minimum clear floor space width of 36 inches instead of 30 inches and a

minimum clear width for accessible routes of 44 inches instead of 36

inches.

Comment. The proposed rule asked whether these recommendations

should be included in the final rule (Questions 21 and 22). A slight

majority of comments opposed both these recommendations. Of the few

comments providing a reason for support or opposition, most addressed

cost and space impacts. Some considered the impact to be minimal while

others considered it to be significant.

Response. Alternate specifications for clear floor space and

accessible routes are not included in the final rule.

Classroom Acoustics

Comment. Organizations representing people who are hard of hearing

as well as audiological and acoustical trade associations and

consultants recommended that the final rule provide acoustical

performance standards for classrooms. These commenters recommended

specifications for background noise levels, reverberation time, and the

signal to noise ratio.

Response. Acoustical standards have not been included in the final

rule because none had been proposed and made available for public

comment. While acoustics is an important consideration not only in

classrooms but other spaces as well, it has not been addressed at this

time.

Technical Assistance

The Access Board provides technical assistance and training for

entities covered under the Americans with Disabilities Act. The Access

Board's toll-free number allows callers to receive technical assistance

and to order publications. The Access Board conducts in-depth training

programs to advise and educate the general public, as well as

architects and other professionals on the accessibility guidelines and

requirements. In addition, the Access Board is developing a manual for

use by both technical and general audiences. The general manual on

ADAAG requirements will be a useful tool in understanding ADAAG whether

for purposes of compliance or as a reference for accessible design.

Regulatory Process Matters

Regulatory Assessment

These guidelines are issued to provide guidance to the Department

of Justice and the Department of Transportation in establishing

alternate specifications for new construction and alteration of

building elements designed for use by children in facilities covered by

titles II and III of the ADA. The standards established by the

Department of Justice and the Department of Transportation must be

consistent with these guidelines.

Under Executive Order 12866, the Board must determine whether these

guidelines are a significant regulatory action. The Executive Order

defines a ``significant regulatory action'' as one that is likely to

result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or

[[Page 2069]]

State, local, or tribal governments or communities;

(2) Create a serous inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

For significant regulatory actions that are expected to have an

annual effect on the economy of $100 million or more or adversely

affect in a material way the economy, a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or State, local or tribal governments or communities, a written

assessment must be prepared of the costs and benefits anticipated from

the regulatory action and any potentially effective and reasonably

feasible alternatives of the planned regulation. As discussed in more

detail in General Issues and the Section-by-Section analysis above, the

final rule addresses elements used primarily by children and is limited

to water closets, toilet stalls, lavatories and mirrors, toilet rooms,

sinks and seating and tables. Elements covered by this rule are already

subject to the scoping and technical provisions of ADAAG. The scoping

and technical requirements for these elements in the final rule are

addressed as alternatives to existing requirements which are based on

adult specifications. These alternative specifications for elements

used primarily by children are permitted as an exception to the adult

specifications. As such, the application of the specifications for

elements used primarily by children is discretionary, not mandatory.

The Board has determined that this final rule does not meet the

criteria for a significant rule under paragraph (1) above in that it

will not have an annual effect on the economy of $100 million or more

or adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities. Because the final rule does not meet the criteria under

paragraph (1) above, a regulatory assessment has not been prepared.

The Board and the Office of Management and Budget (OMB) have,

however, determined that this final rule meets the other criteria for a

significant regulatory action (i.e., the final rule raises novel, legal

or policy issues arising out of legal mandates), and OMB has reviewed

the final rule.

The guidelines adhere to the principles of the Executive Order. The

Board distributed the proposed rule to state departments of education

and education associations, the state building code authorities, and

other responsible agencies of the 50 states to seek their review and

comment. Those comments were carefully analyzed and the major issues

discussed in the Section-by-Section analysis above.

Regulatory Flexibility Act Analysis

Under the Regulatory Flexibility Act, the publication of a rule

requires the preparation of a regulatory flexibility analysis if such

rule could have a significant economic impact on a substantial number

of small entities. For the reasons discussed above, the Board has

determined that these guidelines will not have such an impact and

accordingly, a regulatory flexibility act analysis has not been

prepared.

Federalism Assessment

These guidelines will have limited Federalism impacts. The impacts

imposed upon State and local government entities are the necessary

result of the ADA itself. Every effort has been made by the Access

Board to lessen the impact of these guidelines on State and local

government entities. As discussed in more detail in General Issues and

the Section-by-Section analysis above, the final rule addresses certain

elements used primarily by children. These alternative specifications

for elements used primarily by children are permitted as an exception

to the adult specifications. The application of the specifications for

elements used primarily by children is discretionary, not mandatory and

the Board has determined that this final rule will not have a

substantial direct effect on States, the relationship between the

national government and the States or on the distribution of power and

responsibilities among the various levels of government. Accordingly,

the preparation of a Federalism Assessment is unnecessary for purposes

of this rule under Executive Order 12612.

Unfunded Mandates Reform Act

Under the Unfunded Mandates Reform Act, Federal agencies must

prepare a written assessment of the effects of any Federal mandate in a

final rule that may result in the expenditure by State, local, and

tribal governments, in the aggregate, or by the private sector, of $100

million or more in any one year. Excluded from the requirements of that

Act, are provisions which (1) enforce the constitutional rights of

individuals; or (2) establish or enforce a statutory right that

prohibits discrimination on the basis of race, color, religion, sex,

national origin, age, handicap or disability. Guidelines promulgated

pursuant to the Americans with Disabilities Act are therefore excluded

from the application of the Unfunded Mandates Reform Act and a written

assessment is not required for this final rule.

Enhancing the Intergovernmental Partnership

As discussed in the supplementary information above, on July 22,

1996, the Access Board published a NPRM in the Federal Register which

proposed to amend ADAAG (36 CFR part 1191) by adding a special

occupancy section to ADAAG entitled ``15. Children's Facilities.''

Executive Order 12875, Enhancing the Intergovernmental Partnership,

encourages Federal agencies to consult with State and local governments

affected by the implementation of legislation. Accordingly, following

the issuance of the NPRM, the Access Board distributed the proposed

rule to state departments of education and education associations, the

state building code authorities, and other responsible agencies of the

50 states to seek their input and comment. Over 80 responses to the

NPRM were received, including comments from government entities, such

as state departments of education and commissions on disability, local

school districts, and several Federal agencies. A summary of comments

received may be found in General Issues, the Section-by-Section

Analysis, and in Other Issues.

List of Subjects in 36 CFR Part 1191

Buildings and facilities, Civil rights, Individuals with

disabilities, Transportation.

Authorized by vote of the Access Board on July 9, 1997.

Patrick D. Cannon,

Chairperson, Architectural and Transportation Barriers Compliance

Board.

For the reasons set forth in the preamble, part 1191 of title 36 of

the Code of Federal Regulations is amended as follows:

PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY

GUIDELINES FOR BUILDINGS AND FACILITIES

1. The authority citation for 36 CFR part 1191 continues to read as

follows:

Authority: 42 U.S.C. 12204.

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2. Appendix A to part 1191 is amended by revising pages i, ii, 1,

40, 41, 44, 49, 50, and 56; and adding pages 41A, 44A and 56A as set

forth below.

3. In part 1191, the appendix to appendix A is amended by revising

pages A4, A7 and A10 through A14; and adding pages A4A and A14A as set

forth below.

The additions and revisions read as follows:

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[FR Doc. 98-616 Filed 1-12-98; 8:45 am]

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