Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines

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

[email protected]. Comments sent by e-mail will be considered

only if they include the full name and address of the sender in the

text. Comments will be available for inspection at the above address

from 9:00 a.m. to 5:00 p.m. on regular business days.

FOR FURTHER INFORMATION CONTACT: Marsha Mazz (on the ADA Accessibility

Guidelines) and Jim Pecht (on the ABA Accessibility Guidelines) Office

of Technical and Information Services, Architectural and Transportation

Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington,

DC 20004-1111. Telephone numbers (202) 272-5434 extension 121 or

extension 128 (voice); (202) 272-5449 (TTY). E-mail address: [email protected]

board.gov. These are not toll free numbers.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

This document is available on the Board's Internet site in HTML and

PDF formats (http://www.access-board.gov/ada-aba/guidenprm.htm).

Persons who want a copy in an alternate format (cassette tape, Braille,

large print, or Ascii disk) may order one copy at no cost by calling

the Architectural and Transportation Barriers Compliance Board's

(Access Board) automated publications order line (202) 272-5434, by

pressing 2 on the telephone keypad, then 1, and requesting publication

S-36 (ADA and ABA Accessibility Guidelines Notice of Proposed

Rulemaking). Persons using a TTY should call (202) 272-5449. Please

record a name, address, telephone number and request publication S-36

and specify the type of format.

Statutory Background

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

et seq.) recognizes and protects the civil rights of people with

disabilities and is modeled after earlier landmark laws prohibiting

discrimination on the basis of race and gender. The ADA requires that

buildings and facilities be accessible to and usable by people with

disabilities. The ADA establishes accessibility requirements for new

construction and alterations of State and local government facilities

under title II and places of public accommodation and commercial

facilities under title III. The law requires that the Access Board

issue minimum guidelines to assist the Department of Justice (DOJ) and

the Department of Transportation (DOT) in establishing accessibility

standards under titles II and III. These standards must be consistent

with the Access Board's guidelines.

The Architectural Barriers Act of 1968 (ABA) (42 U.S.C. 4151 et

seq.) requires that facilities designed, built, altered or leased with

certain Federal funds be accessible to persons with disabilities.

Similar to its responsibility under the ADA, the Access Board is

charged with developing and maintaining minimum guidelines for

accessible facilities that serve as the basis for enforceable standards

issued by four standard-setting agencies. The standard-setting agencies

are the Department of Defense (DOD), the General Services

Administration (GSA), the Department of Housing and Urban Development

(HUD), and the U.S. Postal Service (USPS).

Rulemaking History

On July 26, 1991, the Access Board published the Americans with

Disabilities Act Accessibility Guidelines (ADAAG).1 On the

same day, the Department of Justice published its final regulations

implementing title III of the ADA which incorporated ADAAG.2

The Access Board amended ADAAG to include additional requirements

specifically applicable to transportation facilities on September 6,

1991 3 which DOT incorporated into its final ADA

regulations.4 The Access Board modified ADAAG, and DOJ and

DOT modified their standards on two occasions: to revise specifications

for automatic teller machines (July 15, 1993) and to suspend

requirements for detectable warnings at curb ramps, hazardous vehicular

areas, and reflecting pools (April 12, 1994; July 29, 1996; November

23, 1998).5

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\1\ 56 FR 35408, 36 CFR Part 1191.

\2\ 56 FR 35544, 28 CFR Part 36.

\3\ 56 FR 45500.

\4\ 56 FR 45584, 49 CFR Parts 37 and 38.

\5\ 58 FR 38204, 59 FR 17442, and 63 FR 64836.

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The Access Board published amendments to ADAAG on January 13, 1998,

that cover State and local government facilities and building elements

designed for children's use.6 The amendments for State and

local government facilities add a section on judicial, legislative, and

regulatory facilities which covers access to restricted and secured

entrances, security systems, assembly seating, speakers' platforms, and

to courtroom spaces. Another section covers detention and correctional

facilities which provides scoping and technical requirements for

accessible cells. In addition to these two new sections, ADAAG was

amended to address elevators, entrances, TTYs, sales and service

counters, and airport security systems in State and local government

facilities. As originally published, ADAAG provided specifications

based only on adult dimensions. The

[[Page 62249]]

amendments for building elements designed for children's use provide

alternate specifications based on children's dimensions for drinking

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

built-in seating and tables. The technical requirements permit

departures from existing ADAAG specifications for elements designed for

use primarily by children instead of adults.

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\6\ 63 FR 2000 and 63 FR 2060.

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In 1994, the Board established an advisory committee to conduct a

complete review of the guidelines and to recommend changes. The ADAAG

Review Advisory Committee consisted of 22 members representing the

design and construction industry, the building code community, State

and local government entities, and people with

disabilities.7 The committee was charged with reviewing

ADAAG in its entirety and making recommendations to the Board on:

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\7\ The American Council of the Blind, the American Institute of

Architects, the Arc, Builders Hardware Manufacturers Association,

Building Officials and Code Administrators International, Building

Owners and Managers Association International, Council of American

Building Officials, Disability Rights Education and Defense Fund,

Eastern Paralyzed Veterans Association, International Conference of

Building Officials, International Facility Management Association,

Maryland Association of the Deaf, National Conference of States on

Building Codes and Standards, National Easter Seal Society, National

Fire Protection Association, National Institute of Building

Sciences, Regional Disability and Business Technical Assistance

Centers, Southern Building Code Congress International, Texas

Department of Licensing and Regulation, Virginia Building and Code

Officials Association, and the World Institute on Disability.

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improving the format and usability of ADAAG;

reconciling differences between ADAAG and national

consensus standards, including model codes and industry standards;

updating ADAAG to reflect technological developments and

to continue to meet the needs of persons with disabilities; and

coordinating future ADAAG revisions with national

standards and model code organizations.

The advisory committee organized itself into subcommittees and met

extensively over a two year period. Non-members were invited to

participate in subcommittee meetings. The advisory committee followed a

consensus-based process for the adoption of recommended changes to

ADAAG which included a process for the submission of dissenting

opinions. The advisory committee's work culminated in publication of a

final report, ``Recommendations for a New ADAAG'' (September, 1996),

which is available from the Board. Vice President Albert Gore

recognized the work of the advisory committee and its constructive

relationship with the Board and presented both entities with his

``Hammer Award'' which recognizes exemplary reinvention of the Federal

government. The award commended the manner in which a variety of public

and private sector interests were brought together to update the

guidelines. The advisory committee's report recommends changes to both

the format and substance of ADAAG.

The Board developed minimum guidelines for federally funded

facilities covered by the ABA in 1982 that served as the basis for the

Uniform Federal Accessibility Standards (UFAS). To further the goal of

uniform standards, the Board is proposing to update these minimum

guidelines based on the revisions to ADAAG. This will establish

consistency between both guidelines so that the public and private

sectors are held to a similar level of accessibility. This will

facilitate compliance where a facility is subject to both the ADA and

the ABA, such as a State or local government facility built with

Federal money.

The Board's minimum guidelines do not directly impact the public.

Instead they provide a minimum baseline for other Federal departments

responsible for issuing enforceable standards. Each Federal department

responsible for issuing and maintaining standards based on the Board's

guidelines under the ADA or the ABA is represented on the Board.

Representatives of these departments serve as Board members and staff

liaisons and have been closely involved in the development of this

proposed rule. Through this process, the Board and the standard-setting

agencies coordinated extensively to seek consensus to minimize any

differences between the Board's guidelines and their eventual

standards.

General Issues

The ADAAG Review Advisory Committee recommended significant changes

to the format and style of ADAAG. In fact, their recommendations

completely reorganize much of ADAAG. The changes were recommended to

provide a guideline that is organized and written in a manner that can

be more readily understood, interpreted and applied. The recommended

changes would also make the arrangement and format of ADAAG more

consistent with model building codes and industry standards. This will

make it easier for designers of the many facilities that will be

required to comply both with the ADAAG and the locally adopted codes to

understand how to comply with both sets of provisions. Changes include:

removal of text language that is non-mandatory in nature

for inclusion as advisory information nearby the text it comments on;

inclusion in written text of requirements otherwise

provided only in figures;

clearer delineation between scoping requirements, which

indicate what has to be accessible, from technical requirements, which

specify how access is to be achieved;

organizing technical sections into chapters according to

the type of element or space;

streamlining the guidelines by integrating special

occupancy chapters (except for transportation facilities) into the main

body of the document;

revising the substance of scoping and technical provisions

to better meet the needs of people with disabilities, to recognize

technological developments, and to reconcile differences from national

consensus standards; and

utilizing a decimal-based, numeric-only numbering system,

consistent with that used by the model codes and utilizing, to the

extent possible, identical chapter and section numbers as ICC/ANSI

A117.1 for the comparable subject matter.

Some changes are recommended in order to make the provisions in

ADAAG more technically consistent with model building codes and

industry standards. The advisory committee coordinated closely with the

American National Standards Institute (ANSI) A117 Committee, which was

in the process of updating its standard. This is a national consensus

standard that provides technical requirements for accessible buildings

and facilities. The Council of American Building Officials (CABO) was

represented on the advisory committee. CABO, which functions as a

coordinating body among model code organizations, serves as the

Secretariat for the A117 Committee. CABO has been incorporated into the

International Codes Council (ICC). While ADAAG requirements derive in

large part from an earlier version of the ANSI standard, there are

considerable differences between them. Both the advisory committee and

the ANSI committee sought to reconcile these differences to harmonize

the revised ADAAG with the ICC/ANSI A117.1-1998 standard.

The Board reviewed all recommendations from the advisory committee

and has adopted most of them with some changes of its own. In addition,

the Board has developed new figures to illustrate various provisions

and provided new advisory notes that

[[Page 62250]]

provide information currently contained in the appendix to ADAAG. In

removing non-mandatory information from the text of the guidelines, the

advisory committee made various recommendations on information that

should be included in advisory notes. The Board has taken these

recommendations into account in developing advisory notes for this

proposed rule.

The application and scoping requirements (Chapters 1 and 2) for

facilities covered by the ADA have been used as the basis for updating

application and scoping requirements for facilities subject to the ABA.

The technical requirements of this rule, as revised according to the

advisory committee recommendations, are referenced by both scoping

documents.

In addition, the Board has included scoping and technical

requirements for accessible residential facilities. These requirements

are based on updated provisions for residential facilities contained in

the ICC/ANSI A117.1-1998 standard. These requirements represent an

addition to ADAAG, which currently does not address such facilities.

Also, they will serve to update requirements for dwelling units in the

minimum guidelines for federally funded facilities upon which UFAS is

based.

Section-by-Section Analysis

The following discussion covers the three parts of this rule. Part

I covers the application and scoping requirements for facilities

covered by the ADA (Chapters 1 and 2). This section of the analysis

explains substantive differences between the revised guidelines and the

current ADAAG. All changes proposed are based on recommendations from

the advisory committee unless otherwise noted. Part II addresses the

application and scoping requirements for facilities covered by the ABA.

This section explains changes from the scoping and application

requirements of Part I that are specific to federally funded

facilities. Part III discusses the technical requirements (Chapters 3

through 11) that are referenced by both ADA and ABA scoping documents.

These requirements are based on recommendations from the advisory

committee. As in Part I, the discussion in Part III explains

substantive differences between the current ADAAG and the revised

guidelines. The Board has posed a number of questions in this section.

The Board includes questions in the preamble usually because it wants

to solicit additional information about an item before considering a

specific requirement.

Part I: ADA Application and Scoping

Chapter 1: Application and Administration

This chapter states general principles that recognize the purpose

of the guidelines (101), provisions for adults and children (102),

equivalent facilitation (103), conventions (104), referenced standards

(105), and definitions (106). Chapter 1 simplifies and reorganizes

similar provisions contained in ADAAG sections 1, 2, and 3.

The Board has removed the term ``fixed'' in the revised guidelines

for editorial purposes of clarity and consistency. The term is used in

the current ADAAG to describe some elements, such as tables and

storage, but not other types of covered elements. The Board understands

that DOJ will clarify the application of the guidelines to fixed

elements in its rulemaking to update its standards for consistency with

the revised guidelines.

104 Conventions

Section 104.1 notes that all dimensions not stated as a ``maximum''

or ``minimum'' are absolute. All dimensions, including absolute

dimensions, are ``subject to conventional industry tolerances.'' This

corresponds with provisions in ADAAG 3.1 and 3.2 for graphic

conventions and dimensional tolerances except for one change. ADAAG 3.2

recognizes conventional building industry tolerances ``for field

conditions.'' The reference to ``field conditions'' has been removed to

accommodate a wider variety of unavoidable tolerances other than those

that occur on a construction site, namely manufacturing processes that

are not true ``field'' situations. For example, acrylic molded plumbing

fixtures, such as shower stalls, often have a slight draft or taper so

that they can be drawn from their molds; this slight taper does not

adversely affect accessibility and is a necessary consequence of this

particular manufacturing process. ``Conventional industry tolerances''

is intended to refer to tolerances in construction and manufacturing,

but not design.

The Board has clarified the calculation of percentages in section

104.2. This provision states that one is to round up to the next whole

number when calculating ratios or percentages in determining the

minimum number of required accessible elements or facilities. Where the

required size or dimension of an element or facilities involves ratios

or percentages, rounding down for values less than one half is

permitted.

105 Referenced Standards

Section 105 lists the industry standards referenced in the

guidelines. It also clarifies that where there is a difference between

a provision of the guidelines and the referenced standards, the

provision of the guidelines shall apply.

106 Definitions

Various defined terms and definitions have been revised, removed or

added. The following definitions have been removed because they contain

information more appropriately covered in technical requirements or are

not considered necessary due to other text changes: ``access aisle,''

``accessible element,'' ``accessible space,'' ``adaptability,''

``clear,'' ``clear floor space,'' ``multi-family dwelling,'' and ``site

improvement.'' Several definitions have been simplified by removing

information contained in scoping or technical requirements or have been

revised for consistency with model code definitions. These include:

``accessible route,'' ``automatic door,'' ``area of rescue

assistance,'' ``controls and operating mechanisms'' (which have been

changed to ``area of refuge'' and ``operable parts,'' respectively),

``dwelling unit,'' ``facility,'' ``means of egress,'' ``occupiable,''

``sign,'' ``story,'' and ``transient lodging.'' Defined terms added to

this section include: ``characters,'' ``children's use,''

``destination-oriented elevator,'' ``employee work areas,'' ``mail

boxes,'' ``pictogram,'' ``project,'' ``public entrance,'' ``qualified

historic building or facility,'' ``self-service storage facility,''

``technically infeasible,'' ``wheelchair,'' and ``wheelchair space.''

Chapter 2: Scoping Requirements

This chapter provides scoping requirements for spaces and elements

required to be accessible in new construction and alterations. Chapter

2 replaces the minimum requirements sections of ADAAG 4.1. As revised,

this section of the guidelines differs from ADAAG in that it integrates

the scoping for exterior sites and interior facilities. ADAAG addresses

scoping for exterior sites and interior facilities in separate

subsections (4.1.2 and 4.1.3, respectively). ADAAG also currently has

some scoping provisions intermingled with various technical provisions

outside of 4.1. All scoping provisions are now located in Chapter 2.

201 Application

This section contains provisions for the general scope of the

guidelines and is substantively consistent with

[[Page 62251]]

application provisions in ADAAG 4.1.1(1), (2), and (4).

202 Existing Buildings and Facilities

This section provides for the application of the guidelines to

additions and alterations. Section 202.2 (Additions) clarifies the

intent in ADAAG 4.1.5 that each addition meet the requirements of the

guidelines for new construction and also refers to requirements for

additions that affect or could affect areas containing a primary

function.

Section 202.3 contains general scoping requirements for

alterations, which are currently addressed in ADAAG 4.1.6(1).

Alterations scoping provisions and technical provisions specific to

certain elements and spaces in ADAAG 4.1.6(1) and 4.1.6(3) are not

included in this general application section. Instead these provisions

have been relocated to the relevant scoping or technical provisions for

the element or space. Many of these provisions in ADAAG provide

alternate specifications where ``technical infeasibility'' is

encountered. However, these specifications present a false ``cap'' to

the degree of departure since compliance is actually required to the

degree it is technically feasible which may be above or below the level

of access recognized in the specification. Consequently, in the revised

guidelines, alternate criteria that have been retained have been made

applicable to alterations generally and are not limited to instances of

technical infeasibility.

As revised, the guidelines do not contain the provision currently

in ADAAG 4.1.6(1)(c) which requires an entire space to be accessible

when alterations of single elements, considered together, amount to an

alteration of a room or space. The advisory committee considered this

provision vague and difficult to enforce since it does not indicate the

precise number of altered single elements that would trigger full

compliance for a room or space. In view of the basic scoping

requirements for alterations, the Board agrees this provision can be

removed without affecting accessibility.

Section 202.4 addresses requirements for alterations affecting

primary function areas that are consistent with those in ADAAG 4.1.6(2)

except for one change. ADAAG 4.1.6 (1)(i) clarifies that the

requirement does not apply to work limited solely to electrical,

mechanical, or plumbing systems; hazardous material abatement; or

automatic sprinkler retrofitting if the work does not involve

alteration of elements or spaces required to be accessible. While the

advisory committee did not recommend removing this clarification, the

Board has removed it as information more appropriately contained in the

Department of Justice's (DOJ) implementing regulations. The DOJ

regulations further address alterations to areas containing a primary

function, including the type of alterations that trigger the

requirement for an accessible path of travel.8

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\8\ 28 CFR 36.403.

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Section 202.5 clarifies that scoping for alterations, including

alterations to areas containing a primary function, applies to

qualified historic buildings and facilities, but permits an exception

where such alterations would threaten or destroy the historic

significance of the building or facility as determined by the State

Historic Preservation Officer or Advisory Council on Historic

Preservation. This simplifies ADAAG 4.1.7 and removes advisory

information from the text of the requirement. Special provisions for

specific elements and spaces in ADAAG 4.1.7(3) have been moved to

appropriate scoping and technical requirements in the revised

guidelines.

203 General Exceptions

The structure of the revised guidelines reinforces the principle

that under the general scoping, all portions of sites and facilities

are subject to the guidelines unless otherwise noted. This section

contains exceptions to the general scoping provisions in 201. Most

provisions are substantively the same as those in ADAAG 4.1.1(5) as

amended for State and local government buildings, including those

addressing construction sites (203.2), raised areas (203.4), limited

access spaces (203.5), equipment spaces (203.6), single occupant

structures (203.7), and detention and correctional facilities (203.8).

There are two substantive changes involving the ``structural

impracticability'' exception and residential facilities (203.9). ADAAG

4.1.1(5)(a) provides an exception for new construction where it can be

demonstrated that full compliance is ``structurally impracticable'' due

to rare circumstances or the uniqueness of the terrain. The advisory

committee recommended removing this exception because it felt that the

challenges posed by unique environmental or terrain features can be

overcome by good design. Further, such an exception is not recognized

by any of the model building codes. Despite the fact that the exception

for ``structural impracticability'' has been removed from ADAAG, it

still exists in the Department of Justice (DOJ) implementing

regulations. See 28 CFR 36.401(c). The term is defined in that same

section and provides a narrowly drawn exception for ``unique

characteristics of terrain.'' It was removed from ADAAG because the

Board made every effort not to duplicate provisions that are in the DOJ

regulations. The revised guidelines also include an exception in 203.9

under which access is not required to common use areas that do not

serve dwelling units required to be accessible.

203.3 Employee Work Areas

ADAAG 4.1.1(3) requires access to, but not fully within, employee

work areas in part because title I of the ADA generally treats access

for employees with disabilities as an individual accommodation. The

Board intends the word ``employee'' in the term employee work areas to

include individuals covered in the definition of employee found in

title I of the ADA, as well as other individuals who perform employee-

type duties such as independent contractors and volunteers. Employee

spaces used for purposes other than job-related tasks, such as break

rooms, lounges, and locker rooms are not considered ``work areas'' and

must be fully accessible. Other areas that must be fully accessible

include, but are not limited to, vending areas, cafeterias, and

auditoriums regardless of whether they are restricted to employees.

Work areas that also function as public use space, such as patient exam

rooms, must be fully accessible for public access, but fixtures and

controls within the work area used only by employees are not required

to be accessible.

Section 203.3 of the revised guidelines retains this exception for

areas used only as work areas. Work areas must be accessible for

``approach, entry, and exit,'' which means location on an accessible

route so that people with disabilities can enter and exit the space.

The Board interprets this provision as requiring an accessible route to

work areas, including complying entry doors or gates. Maneuvering

space, including wheelchair turning space, is not required within the

work area, and elements within the work area are not required to

comply. Also, the Board has added a definition for ``employee work

areas'' in section 106 to clarify the limited application of this

provision.

The coverage of ``employee work areas'' in section 203.3, like

ADAAG 4.1.1(3), means that an accessible route is not required to

individual work stations within the area. For example,

[[Page 62252]]

an accessible route is required to a restaurant kitchen or the

manufacturing space of a plant but not to individual work stations,

regardless of the number of stations or the size of the work area. The

advisory committee recommended that ADAAG be changed to require an

accessible route to each ``individual work station'' instead of to

``work areas.'' Other than the connecting route, work stations would

not be required to be accessible. The advisory committee recommended

this change for consistency with model building codes which, unlike

ADAAG, do not provide a similar exception for work areas. The advisory

committee considered that contemporary building and fire codes, for

general fire and life safety purposes, have always required in new

construction and alterations that a path of travel serving individual

work stations be provided for exiting in an emergency. In complying

with the code, this path of travel would end up complying with most if

not all of the accessible route requirements in ADAAG. The advisory

committee therefore considered that changing ADAAG to require an

accessible route serving individual work stations would not have

dramatic impact. This aspect of the model building codes, as well as

general exceptions for equipment and other spaces in section 203, would

serve to limit the overall impact of this change in the advisory

committee's view. Further, the requirement for an ``accessible route''

to such elements, as opposed to access for ``approach, entry, and

exit'' to certain spaces was considered clearer and more easily

interpreted.

The Board is committed to harmonizing the ADAAG requirements with

the requirements of the model codes and believes that covered entities

should apply the recommendations of the advisory committee in most

situations, particularly in traditional places of public accommodation,

in office buildings, and in schools. However, the Board is concerned

that the adoption of this requirement as the minimum level of

compliance may prove to be unworkable in some employment settings.

Therefore, the Board has not included the advisory committee's

recommendations in this proposed rule. However, the Board is

considering whether to include the advisory committee's language in the

final rule. To facilitate this decision, the Board is seeking responses

to the following questions:

Question 1: ADAAG requires that an accessible route be provided to

employee work areas, but not to individual work stations. What

obstacles have people with disabilities encountered as a result of this

provision?

Question 2: The Board is interested in learning what the impact

might be if ADAAG requires access to ``individual work stations''

rather than to ``employee work areas.'' For example, how would a

facility otherwise be designed and built in the absence of this revised

requirement in ADAAG? Any comparative analysis should be based on a

design that reflects compliance with contemporary codes, such as the

model building codes, and typical design practice. In other words,

aspects of an accessible route that would otherwise be provided as a

typical design consideration or that would have to be provided in order

to comply with a contemporary building code would not be sources of

real impact.

Question 3: Are there specific types of individual work stations,

not otherwise exempt from access by section 203, that could not be

served by an accessible route?

Question 4: The phrase ``areas used only by employees as work

areas'' has been misinterpreted or considered unclear. If this

requirement is retained in the final rule, how should it be clarified

to prevent misinterpretation? If a requirement for work stations is

included in the final rule, is the term ``individual employee work

stations'' sufficiently specific or is further clarification,

qualification, or definition needed?

The revised guidelines differ from ADAAG in that they require

employee work areas to be equipped with visual alarms where audible

alarms are provided. In effect, this will require visual alarm

appliances in most work areas. Where work areas are enclosed by opaque

doors and walls, visual alarm appliances will be necessary to provide

the required alarm coverage. However, where work areas have translucent

walls or doors, carefully placed alarm appliances in adjoining

corridors or other spaces can cover the work area. This is a change

from current ADAAG, which requires visual alarms in common use and

public use spaces, but not in those spaces that serve only as a work

area. The Board proposes this change because it is an issue of life

safety and because installation of visual alarms after construction can

be difficult and expensive. However, in addition to an accessible

connecting route, visual alarms would be the only accessible element

required for a work area.

The Board estimates that the aggregate cost associated with

providing visual alarms in employee work areas for newly constructed

buildings is approximately $16.3 million. This estimate is based on

several assumptions: (a) an average office building size is 200,000

square feet with 200 square feet per office; (b) the cost of an alarm

system complying with existing requirements is $225,000 and

approximately 60 to 70 percent of the area of the office building

receives visual alarm coverage; (c) visual alarms will be needed in an

additional 25 percent of the building area (50,000 square feet, 250

offices) to meet the proposed new requirement; (d) the additional cost

for installing the visual alarms in employee work areas is $65,375

($261 per office); (d) 250 office buildings (averaging 200,000 square

feet) are newly constructed each year.

Question 5: This provision would be applicable to both newly

constructed buildings and existing buildings when alarm systems are

replaced or upgraded, and these alterations affect the usability of the

building. The Board does not provide an aggregate cost estimate for

existing buildings when alarm systems are altered. The Board recognizes

that this cost may greatly exceed the cost for newly constructed

buildings. In order to better assess the overall cost of this

provision, the Board seeks data on how frequently alarm systems are

replaced or upgraded such that they would amount to an alteration and

be subject to this provision. The Board has been advised that alarm

systems may be replaced as often as every ten years. The reason given

is that building owners desire to reduce insurance liability, as well

as to provide state-of-the-art protection for building occupants. Is it

correct to assume that alarm systems are replaced every ten years? The

Board seeks information from businesses that provide fire alarm systems

regarding the additional cost of providing visual alarms in employee

work areas when alarm systems are replaced or upgraded. Please provide

cost data for alarm systems with visual alarm coverage in all employee

work areas compared to alarm systems complying with the existing

requirements. Lastly, while an average building size is used in

developing the cost estimate for newly constructed buildings, the Board

seeks comment on whether the provision would have a disproportionate

economic impact on small buildings or businesses.

Question 6: Are there less costly alternatives to providing visual

alarms in all employee work areas for employees who are deaf or are

hard of hearing that provide a comparable level of life safety?

Question 7: Concerns have been raised about limiting the number of

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visual alarms for the benefit of people who are photosensitive, as

further discussed below at section 702.3. In view of these various

considerations, comment is sought on the appropriateness of this

requirement, and information is requested on whether there are means

available for deactivating individual visual appliances (which may be

desired in accommodating employees who are photosensitive) without

rendering the entire system ineffective.

Section 203.9 clarifies that in residential facilities access is

not required in common use areas not serving required accessible

dwelling units. The Board added this provision because guidelines for

residential facilities have been included in this rule. This provision

would apply in situations where certain common use areas, such as

laundry rooms, are intended to serve a portion of dwelling units.

204 Protruding Objects

205 Operable Parts

Sections 204 and 205 are substantively consistent with scoping

requirements for protruding objects in ADAAG 4.1.2(3) and 4.1.3(2) and

for controls and operating mechanisms in ADAAG 4.1.3(13).

206 Accessible Routes

ADAAG addresses scoping for accessible routes in several areas

(4.1.2, 4.1.3, and 4.3). The revised guidelines bring these

requirements together into one subsection (206.2) to clarify the

requirement for accessible routes from site arrival points, within the

site and within buildings and facilities, and to spaces and elements.

The revised guidelines more clearly recognize various elements as

components of accessible routes. Thus, this section integrates scoping

for entrances (206.4), doors and doorways (206.5), elevators (206.6),

and wheelchair (platform) lifts (206.7). Changes from ADAAG include:

clarification that an accessible pedestrian route is not

required where only a vehicular way not serving pedestrians is provided

(206.2.1 and 206.2.2, exceptions);

emphasis on the provision of an ``accessible route''

between floors as opposed to an ``elevator'' so that elevator

exceptions in ADAAG 4.1.3(5) are relocated to the requirement for an

accessible route (206.2.3);

clarification that in assembly areas an accessible route

is not required to serve seating that does not contain wheelchair

spaces or designated aisle seats required to be on an accessible route

(206.2.3, exception 6);

clarification that an accessible route between seating and

performance areas is required where a direct connection is provided

(206.2.6);

clarification that where the circulation path is interior,

the accessible route must be interior as well (206.3);

removal of the requirement in ADAAG 4.1.3(8) that

accessible entrances be provided in a number at least equal to the

number of exits required because entrances and exits serve different

functions and should not be linked in scoping requirements;

removal of a requirement in ADAAG 5.7 for an accessible

route to raised platforms in banquet rooms since it is premised on

elements (head tables and speaker's lecterns) that often are not fixed;

extending the scope of requirements for security check

points and security barriers for airports and certain State and local

government facilities to cover all types of facilities that provide

security check points and barriers (206.8); and

removal of ADAAG exception 4(d) to 4.1.3(5) that allows

the use of wheelchair lifts where ``existing site constraints or other

constraints make use of a ramp or an elevator infeasible'' since this

is not considered warranted in new construction.

In addition, several substantive changes are provided that pertain

to elevators (206.6). These include recognition of two alternatives to

the traditional type of elevator required by ADAAG and the addition of

a requirement for altered elevators.

Destination-oriented elevators are different from typical elevators

in that they provide a means of indicating the desired floor at the

location of the call button, usually through a key pad, instead of a

control panel inside the car. Responding cars are programmed for

maximum efficiency by reducing the number of stops any passenger

experiences. ADAAG does not specifically address this type of elevator,

which was not widely in use when ADAAG was first published. The revised

guidelines require compliance with newly added technical requirements

in 407.3 where destination-oriented elevators are provided instead of

traditional types of elevators. There are differences in the technical

requirements provided in section 407. For example, standard elevators

must provide audible and visual car position indicators that identify

floors as they are passed. With destination-oriented elevators, audible

and visual indicators must be provided indicating the car destination

both when the car arrives in response to the call and when it arrives

at the floor destination.

The revised guidelines also permit installation of limited-use/

limited-application (LULA) elevators in buildings and facilities not

required to have a standard elevator. This type of elevator is

characterized by a smaller car among other things. The revised

guidelines provide technical requirements in 407.4 and require

compliance with the industry safety standard (ASME/ANSI A17.1, Part

XXV). The advisory committee recommended addressing LULAs because it

considered such elevators a more viable option in situations where a

standard elevator is not required. The advisory committee reasoned that

some vertical access (via a LULA elevator) is preferable to none.

Question 8: Consistent with ADAAG, the revised guidelines provide

an exception for private sector facilities based on the number of

stories or the square footage per floor (206.2.3, exception 1). A much

narrower exception is permitted for State and local government

facilities (206.2.3, exception 2). Are there situations where the use

of LULA's should be permitted instead of a standard elevator in certain

small State or local government facilities?

A requirement has been added at 206.6.1 that when an elevator is

altered, all elevators programmed to respond to the same hall call

control shall be brought into compliance so that persons with

disabilities are not limited to the use of one car at multi-car

elevator banks.

207 Accessible Means of Egress

Requirements for accessible means of egress have been modified for

consistency with model building codes and standards, including addition

of a new requirement that an elevator be provided as an accessible

means of egress in buildings with four or more stories above or below

the exit discharge level. The requirement in ADAAG 4.1.3(9) that

accessible means of egress be provided in the ``same number'' of

required exits has been changed to require at least two accessible

means of egress where more than one means of egress is required. The

requirement in ADAAG 4.1.3(10) that accessible routes also serve as

required exits has been removed because not all accessible routes

necessarily have to serve as a required means of egress in order to

provide a reasonable minimum level of safety. The reference to ``areas

of rescue assistance'' has been changed to ``areas of refuge'' for

consistency with model

[[Page 62254]]

codes. Exceptions from the requirement for areas of refuge in

facilities that are altered or those equipped with supervised automatic

sprinkler system have been retained. A new exception clarifies that

areas of refuge are not required in open parking garages since the open

design permits smoke to escape.

208 Parking Spaces

The revised guidelines maintain the general scoping of ADAAG in

4.1.2(5) but refer to parking spaces generally, instead of to ``self-

parking by visitors, employees, or both.'' The Board has added an

exception in 208.1 for parking spaces used exclusively for buses,

trucks, delivery vehicles, law enforcement vehicles, and vehicular

impound and motor pool lots where lots accessed by the public are

provided with an accessible passenger loading zone.

ADAAG 4.1.2(5)(d) requires a higher level of scoping for outpatient

units and facilities (10%) and those that ``specialize in treatment or

services for persons with mobility impairments'' (20%). Sections

208.2.1 and 208.2.2 preserve these scoping requirements but clarify

their application to visitor and patient parking (so as to exclude

employee parking); ``hospital outpatient facilities'' (10%); and

``rehabilitation facilities and outpatient physical therapy

facilities'' (20%). The advisory committee had recommended removing the

10% requirement for outpatient facilities because it questioned the

technical basis for it and because the term ``outpatient facility'' is

too broad and can be misapplied to doctors' offices and clinics.

Instead of removing this requirement, the Board has clarified its

application by limiting it to outpatient facilities located in

hospitals. The requirement for ``rehabilitation facilities'' is

intended to cover facilities providing physical rehabilitation, but not

those facilities providing other types of rehabilitation, such as drug

or alcohol rehabilitation.

New scoping provisions for residential facilities have been added.

Section 208.2.3 provides access to at least one parking space for each

accessible dwelling unit where parking is provided. Two percent of any

additional parking spaces provided for residents must be accessible.

Additionally, guest parking must be made accessible in accordance with

Table 208.2. In 208.4.2 dispersion is required throughout all types of

parking provided for dwelling units required to be accessible unless

equal or greater accessibility is otherwise achieved.

Requirements for identification of accessible spaces in 208.3 allow

spaces not to be identified (i.e., reserved solely for use by people

with disabilities) where five or fewer spaces in one parking lot are

provided. This was recommended by the advisory committee in order to

mitigate the impact of a reserved space in very small lots and is based

on the model building codes. Identification of spaces is not required

at residential facilities where parking spaces are assigned to specific

dwelling units. The requirement for the ``van accessible'' designation

has been removed to clarify that both car and van drivers can use such

spaces, as was the original intent of ADAAG.

ADAAG 4.1.2(5)(e) allows an accessible passenger loading zone

instead of accessible parking spaces at facilities with valet parking.

This provision has been removed for several reasons. Valet parking

often is not available at all hours a facility is open or may be later

removed altogether. Further, vehicles specially equipped for persons

with disabilities may not be usable by other drivers.

209 Passenger Loading Zones

This section requires that where a passenger loading zone is

provided, at least one portion within every continuous 100 feet of

loading zone space must be accessible. This replaces the requirement in

ADAAG 4.1.5(c) for only one accessible passenger loading zone per site.

The new requirement is responsive to facilities, such as airports,

where many or long continuous passenger loading zones are provided. The

advisory committee recommended that all passenger loading zones be

required to be accessible. However, the proposed requirement addresses

situations where continuous loading zones are provided and balances the

needs of people with disabilities and the costs associated with adding

an additional lane for accessible passenger loading.

210 Stairways

This provision requires all stairs that are part of a means of

egress to comply with the guidelines. ADAAG 4.1.3(4) requires

compliance only at stairs connecting levels not connected by a vertical

means of access. The advisory committee recommended this change for

consistency with model building codes that recognize the importance of

accessible safety features in successfully exiting by stairs.

Accessible features in stairways will benefit individuals with mobility

impairments, as well as other individuals with and without

disabilities. An exception is provided for alterations. Under this

exception, stairs between levels that are connected by an accessible

route are not required to comply (except for handrails) due to the

potential difficulty of altering stairs for compliance within existing

space limitations.

211 Drinking Fountains and Water Coolers

This provision requires that where one drinking fountain or water

cooler is provided on a site, floor, or within a secured area, access

shall be provided for both people who use wheelchairs and for standing

persons. Where more than one drinking fountain is provided, 50% are

required to be wheelchair accessible and 50% are required to be

accessible to standing persons (with rounding up or down permitted

where an odd number of units is provided). While substantively

consistent with ADAAG 4.1.3(10), this section clarifies the application

to exterior units and the coverage of units accessible to standing

persons where more than one unit is provided. The advisory committee

recommended that the guidelines not address access for standing persons

because no technical criteria are provided and because it believed that

most drinking fountains would accommodate people who have difficulty

bending. The Board believes that access for people who may have

difficulty bending or stooping should be retained and has included

technical requirements for such access (see 602.7).

212 Sinks, Kitchens, Kitchenettes, and Wet Bars

A requirement has been added that where sinks are provided in

accessible spaces, at least 5% (but not less than one) must be

accessible, except for mop or service sinks, which are exempt. While

ADAAG provides technical requirements for sinks in 4.24, it does not

indicate the minimum number required to be accessible. New scoping

provisions for kitchens, kitchenettes, and wet bars are generally

consistent with transient lodging requirements in ADAAG 9.2.2(7). The

revised guidelines extend the application to kitchens, kitchenettes,

and wet bars provided, without regard to the type of facility.

213 Toilet and Bathing Facilities

This section is consistent with ADAAG scoping provisions in

4.1.3(11), 4.22, and 4.23 except for one substantive change. Where

multiple single-user toilet rooms are clustered at a single location

and contain fixtures in excess of the minimum required number of

plumbing fixtures, at least 5% of toilet rooms (but not less than one)

for

[[Page 62255]]

each use at each cluster is required to be accessible (213.2, exception

4). ADAAG, which does not specifically address this situation, requires

access to all such toilet rooms. The advisory committee recommended

this scoping provision as more appropriate since this arrangement is

common in facilities such as medical facilities. Additionally,

revisions have been made to clarify that:

access is not required for toilet or bathing facilities in

transient lodging guest rooms (except for the clearance of entry

doors), patient or resident sleeping rooms in medical care facilities,

holding or housing cells in detention and correctional facilities, or

dwelling units that are not required to be accessible (213.2,

exceptions 5, 6, 7, and 8);

unisex bathing rooms must contain at least one accessible

shower or bathtub (213.2.1); and

where only one lavatory is provided, it shall not be

located in an accessible toilet compartment (213.3.4).

214 Laundry Equipment

A new scoping provision has been added for laundry equipment and

applies to laundry facilities wherever provided. For example, if a

transient lodging facility provides laundry facilities for guests, they

must be accessible and contain one or more accessible washers and

dryers. This section also addresses the need for accessible laundry

facilities in, or serving, accessible dwelling units and is necessary

since the revised guidelines address residential facilities. Where

washing machines or clothes dryers are provided in spaces required to

be accessible, at least one of each type is required to be accessible.

215 Emergency Alarm Systems

The requirement for emergency alarm systems is consistent with

ADAAG 4.1.3(14). The ADAAG exception that allows such systems to be

modified in medical care facilities to suit health care alarm practice

has been revised as an exception to the charging statement for the

technical section on fire alarm systems (702.1). The advisory committee

had recommended that the provision be limited to fire alarm systems for

consistency with model codes such as National Fire Protection Agency

(NFPA) 72-G. The committee also recommended that an exception for

alterations be provided that would require compliance with the

requirement for visual alarms only where an alarm system is upgraded or

replaced or a new one installed. Instead, the Board is proposing to

retain the substance of the current requirement since compliance with

any requirement in alterations is required to the extent it is

``technically feasible.'' Given the scope of the work, replacement of a

fire alarm system is considered an alteration, not normal maintenance.

However, certain upgrades are alterations only if they affect the

usability of a room or space. The usability of the space is not

affected when a few failing appliances are replaced. The Board has

limited the requirement for visual appliances to fire alarm systems

instead of ``emergency warning systems.'' In addition, the Board has

added a scoping provision that requires other types of alarm systems to

be equipped with audible and visual signals but has not provided any

technical criteria for these signals.

Question 9: The Board seeks information on facility alarm systems

(other than fire alarm systems) that do not instruct occupants to

evacuate the facility but provide other warning information, such as

those used for tornado warnings and other emergencies. Recommendations

are requested on the technical criteria appropriate for the audible and

visual signals for such alarm systems, particularly where

differentiation from fire alarm system signals is important.

216 Signs

This provision retains the substance of scoping for exterior and

interior signs in ADAAG 4.1.2(7) and 4.1.3(16). Several editorial

changes are included for clarification. Scoping for tactile signs is

modified to apply to ``permanent'' room or space designations in order

to clarify coverage of signs that are not likely to change. The Board

has added an exception stating that signs designating building

addresses or building names are not required to meet requirements for

tactile signs. These revisions are consistent with the Board's

interpretation of ADAAG.

ADAAG 4.1.7(3)(e) includes a provision for qualified historic

facilities which recommends that exhibits and signs displayed

horizontally should be no higher than 44 inches above the floor so as

to be accessible to be people seated in wheelchairs. The advisory

committee recommended that this provision be made mandatory or

relocated to an advisory note. The Board believes this specification

and its limited application to qualified historic facilities merits

further evaluation before adopting it as a mandatory requirement.

Consequently, this provision is not included in the revised guidelines.

217 Telephones

Scoping provisions for public pay telephones providing wheelchair

access and volume controls are substantively consistent with ADAAG

4.1.3(17)(a) and (b). The Board has provided clarification in 217.1

that scoping applies to one of each type of pay phone provided,

including, but not limited to, coin-operated and coinless public pay

phones. For example, access is not limited to credit card phones where

coin-operated phones are also provided or vice versa. As recommended by

the advisory committee, an exception at 217.3 indicates that, where all

phones are equipped with volume controls, identifying signage is not

required.

Significant changes are proposed for the provision of TTYs. TTYs

are devices that provide access to telephones for people who have

hearing or speech impairments. At the advisory committee's

recommendation, the preferred term ``TTY'' has been used instead of the

term ``text telephone'' or ``TDD'; the definition of TTY in section 106

explains that the term is synonymous with ``text telephones'' and

encompasses devices known as ``TDDs,'' a term which stands for

``telecommunication display devices'' (or ``telecommunication devices

for deaf persons''). ADAAG 4.1.3(17)(c) generally requires that at

least one TTY be provided on a site where four or more public pay

telephones are provided (and at least one is interior). The advisory

committee and the Board consider this requirement inadequate because it

does not take into account large sites such as college campuses and

shopping malls where people who need TTYs are limited to one TTY-

equipped phone. The revised scoping at 217.4 states that in private

buildings (i.e., places of public accommodation and commercial

facilities) where four or more pay phones are provided at a bank,

within a floor, building, or on a site, a TTY is required at each such

location. Consistent with previous amendments to ADAAG for State and

local government facilities, a lower threshold is provided for public

buildings, where one pay telephone on a floor or within a public use

area of a building triggers the requirement for a TTY. An exception for

the requirement at banks (271.4.1) makes optional TTYs at banks that

are within 200 feet of, and on the same floor as, a bank with a TTY.

This exception allows reasonable dispersion without triggering a

requirement for additional TTYs. The revised provision does not limit

scoping to where at least one pay telephone is interior since TTYs for

exterior application are readily available.

A new scoping provision is provided for rest stops, emergency

roadside stops, and service plazas that requires a TTY

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where at least one public pay telephone is provided since

telecommunications can be critical at such locations and searching for

off-highway TTYs would be impractical. Due to the increased scoping, a

TTY requirement specific to stadiums, arenas, conventions centers, etc.

in ADAAG 4.1.3(17)(c)(ii) has been removed. Scoping requirements for

hospitals and the secured areas of detention and correctional

facilities have been retained.

In addition to the advisory committee's recommendations, Board

changes include:

adding a requirement for TTY signage where directional

signs for public pay telephones is provided (271.4.9.2); and

exempting phone banks with TTYs from the requirement for

shelves and outlets for portable TTYs (217.5).

218 Transportation Facilities

This provision requires transportation facilities to comply with

Chapter 10. Transportation is the one occupancy type (in addition to

the chapter the Board has added on residential facilities) that the

advisory committee recommended remain a separate chapter. Scoping for

other occupancy types covered in ADAAG sections 5 though 12 have been

integrated into Chapter 2.

219 Assistive Listening Systems

This section covers requirements for assistive listening systems

and receivers in assembly areas. Section 219.2 requires an assistive

listening system in each assembly area where audible communication is

integral to the space and audio amplification is provided. However, in

courtrooms, this requirement also applies where audio amplification is

not provided, consistent with ADAAG as amended for judicial facilities.

This provision is substantively different from ADAAG 4.1.3(19) in three

respects. First, ADAAG requires assistive listening systems in assembly

areas without audio amplification if the seating capacity is 50 or

more, and the revised guidelines do not, except in courtrooms

(regardless of seating capacity). Second, ADAAG's requirement is

conditioned on the provision of fixed seats; the revised guidelines

would apply to assembly areas with fixed seating and those without.

Third, ADAAG requires that assembly areas not subject to the

requirement for a ``permanent'' system be equipped with the necessary

electrical outlets and wiring for a portable system; the revised

guidelines do not specify a ``permanent'' system and do not require

outlets and wiring for portable systems. These also represent changes

from the advisory committee's report, which recommended a scoping

provision generally consistent with ADAAG. The Board is proposing these

changes because it believes that any assembly area with audio

amplification should be equipped with an assistive listening system

whether or not seating is fixed. The Board removed the requirement in

ADAAG for outlets and wiring because adequate electrical support is

generally available in these assembly occupancies and because the

provision of a portable system is more appropriately covered by the DOJ

regulation, which contains requirements for the provision of auxiliary

aids and services necessary to ensure effective communication.

9

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Section 219.3 specifies the minimum number of receivers according

to a sliding scale. This is a change from the flat 4% requirement in

ADAAG 4.1.3(19) and was recommended by the advisory committee based on

actual and anecdotal evidence that the current requirement exceeds the

demand especially in large facilities. Scoping of 4% is maintained for

a seating capacity up to 500 seats; seating above this number is

reduced to 3.5% (501 to 1000 seats), 2.75% (1001 to 2000 seats), and 1%

(over 2000 seats). The revised guidelines include a requirement which

is not in ADAAG that a portion of receivers (25% but no less than 2) be

compatible with hearing aids. In effect, this requires provision of

neck loops, which are the only type of receiver that can be used

comfortably with all models of hearing aids equipped with a telecoil.

220 Automatic Teller Machines and Fare Machines

This provision is consistent with ADAAG 4.1.3(20) with respect to

automatic teller machines, but it also addresses ``fare vending,

collection, or adjustment machines,'' which are only addressed by ADAAG

where provided in transportation facilities.

221 Assembly Seating

This section is substantively different from ADAAG requirements and

advisory committee recommendations for wheelchair, companion, and

designated aisle seating. Section 221.1 lists the types of assembly

areas covered: ``a motion picture house, theater, concert hall,

stadium, arena, auditorium, convention center, lecture hall, courtroom,

legislative chamber, or similar assembly area.'' This approach of

defining the section's coverage by providing a list of exemplary

covered entities is a departure from that in the existing ADAAG

4.1.3(19), which describes covered entities as ``places of assembly

with fixed seating.'' By limiting coverage to the listed entities and

``other similar assembly areas,'' the revised guidelines clarify that

assembly areas like libraries or restaurants are not required to comply

with the requirements of 221.

Section 221.2 revises the number of wheelchair spaces required

(Table 221.2.1). For a seating capacity up to 50 spaces, the

requirement is the same as ADAAG 4.1.3(19). For a seating capacity of

51 to 150 seats, 4 wheelchair spaces are required, and for a seating

capacity of 151 to 300 spaces, 5 wheelchair spaces are required. The

remainder of the table coincides with ADAAG. The advisory committee

recommended the scoping increase (although it recommended that 5

wheelchair spaces be provided starting at 101 seats instead of 151).

Also, the advisory committee recommended that scoping for a seating

capacity over 500 be reduced from 1% to 0.5% based on anecdotal

information on usage. The Board is not persuaded by this anecdotal

information and is proposing to retain the ADAAG requirement of 1%.

Section 221.2 also states that wheelchair spaces shall be provided in

each luxury box, club box, and suite. This is consistent with

Department of Justice interpretations of ADAAG that treat each such box

or suite as a discrete assembly area. Wheelchair spaces must be

integrated into the general bowl design and seating plan and cannot be

set aside on a separate platform or level where there is little or no

other seating. Integration of wheelchair spaces will provide

opportunities for social interaction with persons sitting in the

closest seats.

The advisory committee recommended that wheelchair spaces be

clustered and specified the number of wheelchair clusters permitted,

which, in effect, served to govern the minimum level of dispersion. The

advisory committee also recommended a reduced level of dispersion where

sight lines require more than one step for a rise in elevation between

rows and in alterations where dispersion is not technically feasible.

The Board has not adopted this recommendation. The Board has included

requirements for dispersion as a technical requirement (see 802).

Section 221.3 contains a requirement included by the Board that a

companion seat be provided for each wheelchair space and that this seat

be readily removable to create an additional wheelchair space. This is

consistent with current interpretations of the

[[Page 62257]]

requirement for one companion seat to be provided next to each

wheelchair seating area. However, ADAAG 4.33.3 requires companion seats

to be fixed but does allow readily removable seats to be installed in

wheelchair spaces. The revised provision will afford greater

flexibility in seating arrangements by allowing the choice of either a

companion seat or another wheelchair space next to each required

wheelchair space. The Board considered other options for addressing

problems presented by fixed companion seating. Those options included:

requiring a lesser number of fixed companion seats than wheelchair

spaces in larger assembly areas; requiring that a specified number of

wheelchair spaces be designated to accommodate a group of three or more

persons using wheelchairs; or opting for no change from the requirement

in the current ADAAG. The requirement for readily removable companion

seating was chosen for simplicity, because it promotes greater

flexibility in the seating configurations. However, the Board has

included an exception providing that fixed companion seating is

permitted in assembly areas with a capacity of 300 or fewer seats. This

exception is provided because the requirement for removable companion

seats would have a disproportionate impact on smaller assembly

facilities where no more than five wheelchair and companion spaces are

required.

Question 10: The Board seeks information on the impact of the

requirement that each wheelchair space have an adjacent companion seat

that can be removed to provide an adjoining wheelchair space. Of

particular interest are recommendations on design solutions or

alternative scoping requirements that will mitigate the space impact

while affording a similar level of flexibility in seating arrangements.

Question 11: The Board believes that readily removable seats should

provide a companion with virtually the same experience in terms of

comfort and usability as fixed seats in the same assembly facility.

What specific characteristics should the readily removable seat have

when compared to other seats? While a metal folding chair is not

equivalent to a plush theater-style seat, is it sufficiently comparable

to a bleacher seat?

Section 221.4 requires that 1% of seats be designated aisle seats.

At least 25% of the designated aisles seats must be on an accessible

route, and the remainder no more than two rows from an accessible

route. ADAAG 4.1.3(19) provides a similar requirement that 1% of seats

be aisle seats with removable, folding, or no armrests. This

requirement is intended to serve people who may have difficulty walking

between rows of seats, use assistive devices for ambulation, or wish to

transfer from wheeled mobility aids. The advisory committee did not

recommend retaining this requirement because, with respect to

wheelchair transfers, questions arise about the proximate storage of

mobility aids and the potential obstruction of aisles by mobility aids.

Further, the advisory committee noted that ADAAG did not require an

accessible route to such seats, which brought into question the

usefulness of this requirement for people wishing to transfer from

wheelchairs to seats. The Board has included a requirement for a

portion of aisle seats to be on accessible routes for people using

wheelchairs who wish to transfer to seats. Since aisle seats also

benefit people who have difficulty walking, including between rows of

seats, but who can use stairs, the remainder of seats can be separated

from the accessible route by no more than two rows.

Question 12: At least 1% of seats must be designated aisle seats

that have folding or removable armrests or no armrests. The Board seeks

information on the cost and related design impacts of locating at least

25% of these designated aisle seats on an accessible route and of

locating the remainder of such seats no more than two rows from an

accessible route.

Section 221.5 provides a new requirement that where elevators or

wheelchair lifts are provided on an accessible route to wheelchair

spaces or designated aisle seats, they shall be provided in ``such

number, capacity, and speed'' in order to provide a level of service

equivalent to that provided in the same seating area to patrons who can

use stairs or other means of vertical access. The Board added this

requirement to ensure an equal level of convenience between accessible

seating and inaccessible seating. Architects plan for efficient ingress

and egress when they design assembly facilities, particularly stadiums.

Designers should have available circulation data that is part of the

architectural program and design. Generally, designers of new

facilities have sufficient knowledge of the travel time between points

(e.g., between the entry gate and seats or between the seats and

concession stands) to comply with this requirement for equivalent

vertical access.

222 Dressing, Fitting, and Locker Rooms

This provision is generally consistent with ADAAG 4.1.3(21), but it

also specifically references locker rooms in order to clarify the

intended application. An exception permitting unisex facilities for

altered dressing, fitting, or locker rooms derives from a similar

provision in ADAAG 4.1.6 (3)(h).

223 Medical Care Facility Patient or Resident Sleeping Rooms

This provision is substantively the same as ADAAG 6.1 in providing

scoping for patient or resident sleeping rooms. The revised guidelines

clarify coverage of ``licensed medical and long-term care facilities.''

The description of the facilities covered has been simplified by

removing the ADAAG reference to medical facilities ``where persons may

need assistance in responding to an emergency,'' as the advisory

committee considered this portion of the description not useful.

Scoping for alterations and additions in ADAAG 6.1(4) has been

simplified in stating that the minimum percentage is to be based on the

total number of sleeping rooms added or altered.

While section 223 specifies the minimum number of sleeping rooms

required to be accessible in medical care facilities, it does not

specify dispersion among different types of sleeping rooms. The Board

believes that accessible bedrooms should be dispersed among all units

or departments providing overnight stay and among different classes of

rooms, such as private, semi-private, etc. Industry practice and needs

assessment can be used to further determine the distribution. For

example, a greater number of accessible sleeping rooms might be located

in general surgical units than in pediatric or obstetric wards.

However, the use and designation of units or types of rooms often

change over time as needed.

Question 13: The Board seeks comment on how dispersion of

accessible sleeping rooms can be effectively achieved and maintained in

medical care facilities such as hospitals and long term care

facilities. A requirement for such dispersion may be included in the

final rule.

224 Transient Lodging Guest Rooms

The minimum number of accessible guest rooms required has not been

changed from that provided in ADAAG 9.1.2. However, Table 224.2

clarifies that guest rooms with roll-in showers are to be provided in

addition to the basic number of required accessible

[[Page 62258]]

guest rooms. In addition, there are two substantive changes that are

also based on the advisory committee's recommendations. First, section

224.3 is new and addresses the number of beds required to be accessible

for situations such as homeless shelters, where a room may have a large

number of beds. Scoping is provided in Table 224.3.

Second, the Board has significantly revised the scoping provisions

in section 224.4 for the number of guest rooms equipped with accessible

communication features, including visual alarms and devices that

provide visual notification of incoming telephone calls and door knocks

or bells. ADAAG 9.1.3 provides a minimum number according to a sliding

scale based on the total number of rooms provided. It requires 1 in 25

rooms to comply up to a guestroom count of 100. Scoping successively

decreases to 1 for every 50 rooms for the next 101 to 200 rooms and to

1 for every 100 rooms for the next 201 to 500 rooms. For facilities

with 501 to 1000 rooms, 2% of rooms must comply and where the room

count exceeds 1000, the scoping drops to 1%. ADAAG 9.2.2(8) requires

that all wheelchair accessible rooms be equipped with accessible

communication features in addition to a number of rooms required to

provide communication access only. The Board is proposing to increase

the minimum number of rooms that provide accessible communication

features to 50% of the total number of guest rooms provided. This

increase is proposed for several reasons. The communication features

addressed in this requirement address life safety in providing visual

notification of fire alarms for people who are deaf or hard of hearing.

Higher scoping will also afford greater flexibility in the guest room

assignment of people who are deaf or hard of hearing, particularly in

light of revisions to technical requirements for visual alarms in

section 702.3 that effectively preclude the use of portable visual

alarm devices. Further, anecdotal evidence indicates that operational

alternatives used in accommodating individuals who are deaf or hard of

hearing, including the use of portable devices and facility staff to

directly alert guests of the need to evacuate the facility, are

unreliable and ineffective.

Question 14: Permanent installation of visual alarm appliances is

considerably cheaper and easier to achieve as part of facility design

and construction than as a retrofit. The Board requests information on

the new construction cost difference between providing visual alarms

and notification devices for incoming telephone calls and door knocks

or bells according to the scoping in ADAAG 9.1.3 and the proposed 50%

scoping requirement. Information is also sought on whether exceptions

should be provided for altered facilities or additions.

Question 15: It is the Board's understanding that some transient

lodging facilities, particularly hotel chains, have adopted voluntary

policies requiring permanently installed visual alarms in all or a

majority of newly constructed guest rooms. Please provide information

regarding those transient lodging facilities that have such a policy.

Are there less costly alternatives to providing visual alarms in fifty

percent of guest rooms that will provide guests who are deaf or are

hard of hearing a comparable level of life safety?

Section 224.5 requires dispersion of accessible rooms among the

various classes of rooms provided, including room type, bed type, and

other amenities to a degree comparable to the choices provided other

guests. This is similar to a requirement in ADAAG 9.1.4(1). A

clarification has been added that when complete dispersion is not

possible due to the number of rooms required to be accessible,

dispersion is to be provided in the following order of priority: room

type, bed type, and amenities. The advisory committee recommended that

the factors for dispersion were more appropriate for advisory

information. The Board has retained this provision in the text of the

rule since it contains mandatory direction. Consistent with the

advisory committee's recommendation, section 224.5 also requires

communication access in 50% of the wheelchair accessible guestrooms in

addition to the requirement in section 224.4. This differs from ADAAG

9.2.2(8) which requires that all wheelchair accessible guestrooms be

equipped with accessible communication features.

225 Self-Service Storage Facilities

This is a new requirement recommended by the advisory committee.

ADAAG does not specifically address self-service storage facilities,

and many ADAAG users questioned how access should be provided. Scoping

as provided in Table 225.1 is 5% but drops to 2% after the first 200

spaces. Accessible storage spaces are required to be dispersed among

the various classes of units provided to the extent the number of

accessible spaces allows. Where a facility is comprised of multiple

buildings, accessible spaces can be clustered in one building. This

provision addresses concerns raised by the self-storage industry

regarding the number of entrances required to be accessible in

facilities that may have more than fifty entrances to separate spaces.

The advisory committee believed these unique circumstances warranted

specific attention.

226 Dining and Work Surfaces

Scoping for dining and work surfaces is consistent with ADAAG

4.1.3(18). This provision integrates requirements for dispersion and

dining counters that derive from the section on restaurants and

cafeterias in ADAAG 5.1 and 5.2, respectively. However, the revised

guidelines apply the dispersion requirement generally to all dining and

work surfaces, whereas ADAAG 5.1 requires dispersion only for

restaurant and cafeteria seating.

227 Sales and Service Counters

This section corresponds to requirements for business and

mercantile facilities in ADAAG 7. Section 227.2 provides scoping for

check-out aisles that is consistent with ADAAG 7.3. This scoping

however is not limited to business and mercantile occupancies and

applies to all facilities with check-out aisles. It replaces a

requirement in ADAAG 8.3 specific to check-out areas in libraries that

requires at least one lane at check-out areas to comply. There is a

substantive change to exceptions from the scoping requirement. ADAAG

7.3 permits only one check-out aisle to be accessible where selling

space is less than 5000 square feet. It also permits one check-out

aisle of each design to be accessible in alterations of facilities with

more than 5000 square feet of selling space. This is required until the

number of accessible check-out aisles of each design equals the number

required in new construction. The advisory committee recommended

retaining these exceptions. However, the Board has removed the

exception for facilities with less than 5000 square feet of selling

space because small facilities rarely have more than one check-out

aisle. In fact, small facilities generally have point of sales and

service counters in lieu of check-out aisles. The exception for

alterations has been retained but has been made generally applicable

and is not limited to facilities with more than 5000 square feet of

selling space. Requirements for identification of accessible check-out

aisles in 227.2.1 includes a clarification that, where all check-out

aisles are accessible, such identification is not required.

Section 227.3 covers point of sales and service counters. This

provision is consistent with ADAAG 7.2 except that no distinction is

made between counters

[[Page 62259]]

with cash registers and those without, which the advisory committee

considered insignificant.

Requirements for food service lines in ADAAG 5.5 have been

integrated into the scoping provision in 227.4. A new provision for

queues and waiting lines at 227.5 clarifies that an accessible route is

to be maintained where a defined circulation route is provided. A

requirement for an accessible route through security bollards in ADAAG

7.4 has been clarified and relocated to section 206.8. Section 206.8

clarifies that security may not obstruct ingress or egress.

228 Storage

Provisions for storage are consistent with those in ADAAG

4.1.3(12). Examples of the types of storage elements covered have been

moved to an advisory note. A new provision is provided in 228.2 that

requires at least 5% of lockers to be accessible. Requirements for

self-service shelving in section 228.3 are consistent with ADAAG

4.1.3(12). The Board has removed a reference to display units because

displays are not to be touched and therefore cannot be self-service.

The requirement has been made generally applicable to all facilities

types, not just mercantile occupancies, and effectively replaces

requirements in ADAAG 8.5 specific to library stacks. A new provision

is added for coat hooks and folding shelves in 228.4 to clarify, that

where such elements are provided in toilet rooms or compartments,

locker rooms, or dressing and fitting rooms, at least one of each type

shall be accessible.

229 Depositories, Vending Machines, Change Machines, and Mail Boxes

This provision represents a change from ADAAG 5.8 which addresses

vending machines and other equipment in restaurants and cafeterias.

ADAAG provides only for clear floor space at such equipment. Consistent

with the advisory committee's recommendation, requirements have been

added for wheelchair turning space and the location of operable

controls within accessible reach ranges in accordance with section 309

at vending machines. In addition, the Board has added a requirement

that operable controls meet the operating characteristics specified.

The Board also has added specific references to ``depositories, change

machines, and mail boxes'' and an exception that exempts drive-up only

depositories from compliance. In view of the coverage of residential

and other commercial facilities, the Board has included a provision

that 5% of mail boxes be accessible where provided in an interior

location. In residential facilities where interior or exterior mail

boxes are provided on site, access is required to mail boxes serving

dwelling units that are required to be accessible. The Board does not

intend that this provision address U.S. Postal Service mail boxes in

the public right-of-way because these elements may be provided in

communities without accessible routes.

230 Windows

The technical provisions for windows are reserved in ADAAG. Where

glazed openings are provided for operation by the occupants of

accessible spaces, the revised guidelines include a new provision which

requires access to at least one glazed opening. In accessible rooms or

spaces, access is also required to each glazed opening required by the

administrative authority to be operable. The advisory committee and the

Board reasoned that if windows are to be operable, they must be

operable by all potential building occupants, including people with

disabilities. Furthermore, new technology, including mechanical or

electrical devices makes providing accessible windows possible.

Section 230 requires that the operable parts of windows be

accessible, but it does not address the height of glazed openings.

Requirements for toilet room mirrors specify that the bottom edge of

the reflecting surface be no more than 40 inches from the floor

(section 603.3), and provisions for automatic teller machines require

display screens to be visible from a point 40 inches above the center

of the clear floor space in front of the machine (section 707.5.4).

Question 16: Should a maximum sill height for the glazed area of

those windows required to be accessible be specified in the final rule

so that people who use wheelchairs, located on any floor, can look

through the window to view ground level activities? If so, what should

this height be? The Board also seeks information on any design

requirements, practices, or considerations that would specify

installation above an accessible height in certain occupancies for

security or safety reasons, such as to guard against break-ins or to

prevent improper use by building occupants, including children.

Information is sought on any other design impacts, such as the use of

the space or cavity below windows for mechanical or other building

systems.

231 Two-Way Communication Systems

In amending ADAAG to cover State and local government facilities,

the Board added a requirement that where a two-way communication system

is provided to gain admittance to a judicial, legislative, or

regulatory facility, audible and visual signals must be provided. Also

included was a requirement that handsets have a cord at least 29 inches

long. In the revised guidelines, the Board has made this requirement

applicable to all types of facilities where such two-way communication

systems are provided.

232 Judicial Facilities

This provision integrates scoping requirements for judicial

facilities contained in ADAAG 11 without substantive change. Provisions

in ADAAG 11 for legislative and regulatory facilities have been

integrated into other scoping provisions of Chapter 2.

233 Detention and Correctional Facilities

This section covers scoping for detention and correctional

facilities, including the minimum number of holding and housing cells

required to be accessible. These provisions are based on ADAAG 12 and

have been edited to be consistent with the format of the revised

guidelines. In addition, several substantive changes have been made.

ADAAG 12.4.5 reserves scoping for accessible holding or housing cells

in alterations. In publishing final amendments for State and local

government facilities, the Board acknowledged that prison operators

commenting on the proposed amendments urged that access not be required

in altered correctional facilities because some existing facilities

would not be able to support inmates with disabilities even if cells

were made accessible. These comments also pointed to difficulties in

complying due to design constraints unique to correctional facilities.

In response, the Board had reserved a proposed scoping requirement for

altered cells, but noted that public entities, including correctional

entities, have an obligation to provide program access, as required by

the Department of Justice (DOJ) title II regulations. Further, the

Board noted that the program access requirement may effectively

determine the degree of access necessary in an alteration. In the

revised guidelines, the reserved provision has been replaced with an

exception at 233.2 which states that in the alteration of holding or

housing cells or rooms accessibility is required ``to the extent

determined by the Attorney General.'' DOJ's title II regulation states

that public entities must operate each service, program, or activity so

that the service, program, or activity, when

[[Page 62260]]

viewed in its entirety, is readily accessible to and usable by

individuals with disabilities. DOJ may revise its title II regulation

to provide more specific guidance as to the extent to which the

requirements for accessible cells or rooms in detention and

correctional facilities apply to alterations. A similar exception also

is provided for special holding and housing cells or rooms in section

233.3.

Exceptions are provided at F223.2 and F233.3 for corresponding

provisions for detention and correctional facilities covered by the

ABA. These exceptions, however, refer to applicable agency regulations

implementing section 504 of the Rehabilitation Act for determining the

extent to which access is required in the alterations of cells or rooms

in detention and correctional facilities. The lack of a specific

requirement for alterations to cells or rooms does not excuse a Federal

agency or a federally funded entity from providing access to all of a

prison's programs and services, when viewed in their entirety, if

required under applicable section 504 regulations.

In addition, two other changes have been made by the Board:

guidance is provided on the number of beds required to be

accessible within a room as specified for transient lodging facilities

in Table 224.3; and

scoping for accessible communication features in

wheelchair accessible cells has been reduced from 100% to 50%,

consistent with revised scoping for transient lodging facilities.

234 Accessible Residential Facilities

The Board has added new scoping requirements for accessible

residential housing covered by the ADA. This section requires that at

least 5% (but no less than one) of the total number of dwelling units

be accessible. An additional 2% minimum of the dwelling units are

required to be equipped with accessible communication features but are

not required to be wheelchair accessible. Dispersion of accessible

units is required among the various types of units provided so that

people with disabilities have choices of dwelling units comparable to

and integrated with those available to other residents.

Part II: ABA Application and Scoping

This part provides application and scoping requirements for

facilities covered by the ABA. The Board develops and maintains minimum

guidelines for buildings and facilities covered by the ABA

10. These guidelines serve as the basis for standards issued

by four standard-setting Federal agencies: the General Services

Administration (GSA), the Department of Defense (DOD), the Department

of Housing and Urban Development (HUD), and the U.S. Postal Service

(USPS). Representatives of these agencies, as well as those of other

departments, serve as Federal members of the Board. In this capacity,

these agencies have coordinated closely with the Board in updating the

ABA accessibility guidelines.

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\10\ The ABA covers: (1) facilities constructed or altered by or

on behalf of the United States; (2) facilities leased in whole or in

part by the United States; (3) facilities financed in whole or in

part by a grant or loan made by the United States, if such building

or facility is subject to standards for design, construction, or

alteration issued under authority of the law authorizing such grant

or loan; and (4) facilities to be constructed under authority of the

National Capital Transportation Act of 1965, or title III of the

Washington Metropolitan Area Transit Regulation Compact.

Notwithstanding the above, the ABA does not cover: a privately owned

residential structure not leased by the Government for subsidized

housing programs; or, any building or facility on a military

installation designed and constructed primarily for use by military

personnel without disabilities. The current ABA standard exempts

various military facilities consistent with the statute (UFAS

4.1.4(2)); this exclusion has not been retained in the revised

guidelines as it is more appropriately contained in the implementing

regulations issued by the DOD and the other standard-setting

agencies.

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The Board has based the ABA scoping and application sections on the

revised ADA scoping and application sections of Part I. This will

ensure greater consistency between both scoping documents and will

serve to establish greater uniformity in the level of access among

facilities covered by the ADA or the ABA. The Board previously adopted

a resolution introduced by GSA to ensure that the level of

accessibility established for federally funded facilities in this

rulemaking meets or exceeds that proposed for the private sector and

State and local government sectors under the ADA. To this end,

differences or departures from the ADA scoping and application sections

have been minimized. Most changes are necessary due to differences

between the ABA and ADA statutes and regulations issued under them. For

example, the ABA covers facilities leased by Federal agencies and the

guidelines for the ABA reflect this statutory difference. The

guidelines for the ADA and ABA are being consolidated in one part of

the Code of Federal Regulations (36 CFR Part 1191). The following

discussion explains substantive differences from the application and

scoping requirements for facilities covered by the ADA as discussed in

Part I.

F103 Modifications and Waivers

The ABA recognizes a process under which covered entities may

request a modification or waiver of the applicable standard. The

standard-setting agencies may grant a modification or waiver upon a

case-by-case determination that it is clearly necessary. This

modification and waiver process is recognized in section F103 as a

substitute to the provision for ``equivalent facilitation'' in section

103 provided for facilities subject to the ADA.

F106 Definitions

Several defined terms in section F106.5 differ from those in the

ADA application section. These include ``dwelling unit'' and

``transient lodging'' which have been simplified and made mutually

exclusive. Definitions for ``joint use'' and ``lease'' are included

that pertain to provisions specific to the ABA covering leased

facilities. Definitions of ``private building or facility'' and

``public building or facility'' are not included because these terms

are used to distinguish between places of public accommodation and

commercial facilities covered by title III of the ADA (private) and

State and local government facilities covered by title II of the ADA

(public).

F202 Existing Buildings and Facilities

F202.2 Additions

Section F202.2 addresses additions to existing facilities and

provides specific criteria for accessible routes, entrances, and toilet

and bathing facilities that derive from the current standard, UFAS.

These provisions have been retained but are not provided in the ADA

scoping document. Provisions in this section for public pay telephones

and drinking fountains have been included for consistency with a

requirement in the ADA scoping document for an accessible path of

travel for certain additions (202.2).

F202.6 Leases

The ABA requires access to facilities leased by Federal agencies.

Section F202.6 contains scoping requirements for facilities that are

newly leased by the Federal government, including new leases for

facilities previously occupied by the Federal government. The

negotiation of a new lease occurs when (1) the Federal government

leases a facility that it did not occupy previously; or (2) an existing

term ends and a new lease is negotiated for continued occupancy. The

unilateral exercise of an option which is included

[[Page 62261]]

as one of the terms of a preexisting lease is not considered the

negotiation of a new lease. Negotiations which do not result in a lease

agreement are not covered by this section. Provisions in this section

address joint-use areas, accessible routes, toilet and bathing

facilities, parking, and other elements and spaces. Corresponding

changes concerning coverage of leased facilities appear in the sections

stating the purpose (F101) and the overall scope of the guidelines

(F201.1).

F234 Housing

The proposed scoping provisions for dwelling units covered by the

ABA are identical to those proposed for the ADA. However, UFAS 4.1.4(3)

effectively allows the Department of Defense the option to modify units

when the need arises as opposed to providing accessible units at the

time of construction and to do so on an installation-by-installation

basis. This flexibility allows the military departments to leave

families without disabilities in accessible units and to modify units

to suit the needs of families with disabilities.

Question 17: Should a similar exception be included in the revised

guidelines that would permit accessible dwelling units under control of

the Department of Defense to be designed to be readily and easily

modifiable to be accessible provided that modifications are

accomplished on a first priority basis when a requirement is

identified? Also, should a similar exception be provided that permits

provision of access on an installation-by-installation basis?

Other Differences from ADAAG

Certain provisions or exceptions in the ADA scoping section

applicable only to the private sector (i.e., places of public

accommodation and commercial facilities) or recognized only by the ADA

are not included in the ABA scoping section. These include:

an exception that permits a limited level of access to

work areas for approach, entry and exit and that does not otherwise

require the area itself to be accessible (203.3);

an exception from the requirement for an accessible route

in private multi-level buildings and facilities that are less than

three stories or that have less than 3,000 square feet per floor

(206.2.3, Exception 1);

TTY scoping provisions specific to private buildings

(217.4.2.2 and 217.4.3.2); and

an ADA exception from the requirement for accessible guest

rooms for certain places of lodging that have five or fewer rooms for

rent or hire (224.1, Exception).

Part III: Technical Requirements

Part III provides technical requirements (Chapters 3 through 11)

that are referenced by the ADA and ABA application and scoping

documents. These requirements are based on recommendations from the

advisory committee unless otherwise noted. The following analysis

describes substantive differences between the revised guidelines and

ADAAG technical requirements.

Chapter 3: Building Blocks

Chapter 3 contains basic technical requirements considered to be

the ``building blocks'' for accessibility as established by the

guidelines. All sections of this chapter correspond to ADAAG

requirements. They are referenced by scoping provisions in Chapter 2

and by the technical chapters (4 through 11).

302 Floor or Ground Surfaces

This section is substantively similar to ADAAG 4.5. Section 302.1

requires floor or ground surfaces to be ``stable, firm, and slip

resistant'' as does ADAAG 4.5.1. ADAAG however provides scoping

language in this requirement that has not been included in 302.1.

Instead, other technical sections, such as those for walking surfaces

(403), ramps (405), and stairways (504) reference this requirement.

ADAAG also applies the requirement generally to ``accessible rooms and

spaces,'' a requirement that has not been retained in the revised

guidelines because nearly all rooms and spaces must be accessible.

Section 302.2 which addresses carpet is consistent with ADAAG

4.5.3. Section 302.3 covers openings and derives from ADAAG 4.5.4. This

requirement has been revised to cover ``openings'' instead of

``gratings'' in order to cover all types of openings in a floor or

ground surface that would be an impediment to mobility in addition to

gratings, such as expansion joints and spaced wood decking.

Clarification is also provided that this requirement does not apply to

elevators or wheelchair lifts where an opening between the car and the

floor level is necessary to operate the elevator.

303 Changes in Level

This section is the same as ADAAG 4.5.2 except for editorial

changes.

304 Wheelchair Turning Space

Consistent with ADAAG 4.2.3, this section recognizes circular and

T-shaped turning space and provides textual description of the size and

dimensions for each contained in ADAAG Figure 3. Unlike ADAAG, this

section clarifies that elements with knee and toe clearance can overlap

turning space. It explains the extent to which overlap is permitted,

limiting it to one segment of the T-shaped space. The overlap of

circular turning space is not specifically limited although the maximum

depth for knee and toe space has been increased from 19 to 25 inches as

indicated in section 306. Additionally, clarification is provided that,

in general, doors can swing into the turning space but that changes in

level or slopes greater than 1:48 are not permitted within the space.

305 Clear Floor or Ground Space

This section is consistent with ADAAG 4.2.4 and provides

clarification that changes in level and slopes greater than 1:48 are

not permitted within the clear floor or ground space.

306 Knee and Toe Clearance

The revised guidelines provide specifications for knee and toe

clearances as a basic ``building block.'' The specifications correspond

to knee and toe clearances provided in ADAAG specifically for plumbed

fixtures, including drinking fountains (4.15) and lavatories (4.19).

The new format recognizes these clearances for other elements as well,

such as tables and counters. There are two substantive changes. The

maximum depth for the knee and toe space specified in 306.2.2 and

306.3.2 has been increased from 19 to 25 inches. The advisory committee

recommended this change for consistency with an ADAAG specification in

Figure 5(b) for obstructed reaches which recognizes a 25 inch maximum

depth. The other change concerns removal of the ADAAG specification of

a 29 inch minimum apron clearance at lavatories, which the advisory

committee considered ineffective without a minimum depth. Further

detail has been added about the clearance between the knee and toe

space; this clearance is permitted to be reduced at a rate of 1 inch

for each 6 inches in height. The advisory committee's intent was to

describe in text the sloping profile of the space between knees and

toes in ADAAG Figures 27(a) and 31.

307 Protruding Objects

This section is substantively consistent with ADAAG 4.4 except for

the addition of three exceptions. An exception to the requirement for

protrusion limits in 307.2 permits handrails serving stairs and ramps

to

[[Page 62262]]

protrude 4\1/2\ inches maximum from wall surfaces. This was recommended

by the advisory committee to prevent conflict with model code

requirements. An exception to the requirement for post-mounted objects

in 307.3 exempts the sloping portions of ramp or stair handrails. The

Board has added an exception to the requirement for vertical clearances

in 307.4 that permits door closers and door stops to encroach up to 2

inches into the 80 inch minimum clearance. This exception clarifies a

common question concerning standard size doors. This section uses the

terms ``wall'' and ``post'' to provide a reference point for measuring

protrusions. The terms are to be liberally construed. For example, a

partition or a column is understood to provide a wall surface.

308 Reach Ranges

This section is consistent with forward and side reach range

requirements in ADAAG 4.2.5 and 4.2.6, including obstructed reaches.

Forward reach ranges are 48 inches maximum and 15 inches minimum; side

reach ranges are 54 inches maximum and 9 inches minimum. The advisory

committee recommended that the side reach range, including obstructed

reaches, be changed to those required for forward reaches. This

recommendation was based on a report from the Little People of America

which considered the 54 inch height beyond the reach for many people of

short stature. The advisory committee also considered the 48 inch

maximum for side reaches as preferable for people who use wheelchairs.

The Board has not included this recommended change in the proposed

rule because it believes a change to this long-standing provision

requires further research. The reach range specifications apply to a

wide variety of controls and elements, from gasoline dispensers to ATMs

to information kiosks to off-street parking meters and self service

parking payment and ticket machines. The Board believes information on

the impact of the recommended change on these and other types of

elements should be developed before proposing any reduction in the

maximum side reach height. However, the most recent draft of the ICC/

ANSI A117.1-1998 does lower the high side reach to 48 inches,

therefore, new codes based on this standard will be more stringent in

this regard. The experience of the building industry and people with

disabilities will provide an invaluable resource in subsequent

revisions of ADAAG.

309 Operable Parts

Requirements for operable parts are consistent with those for

controls and operating mechanisms in ADAAG 4.27.

Section 309.4 specifies that operable parts not require more than 5

pounds of force for operation. This long-standing specification appears

sufficient for controls operated by the hand, such as door hardware,

faucets, and push plates. However, anecdotal information indicates that

a 5 pound maximum is too high for controls activated by a single

finger, such as elevator call and control panel buttons, platform lift

controls, telephone key pads, function keys for ATMs and fare machines,

and controls for emergency communication equipment in areas of refuge,

among others. Usability of such controls also may be affected by how

far the button or key must be depressed (i.e., the stroke depth) for

activation. Information indicates that most control buttons of keys can

meet a 3.5 maximum pounds of force and a maximum stroke depth of \1/10\

inches. The Board is considering including these specifications in the

final rule based on responses to the following questions.

Question 18: Comment is sought on whether a maximum 3.5 pounds of

force and a maximum \1/10\ inch stroke depth provide sufficient

accessibility for the use of operable parts activated by a single

finger.

Question 19: The Board seeks information on any types of operable

parts covered by the revised guidelines that cannot meet, or would be

adversely affected by, a maximum 3.5 pounds activation force and

maximum \1/10\ inch stroke depth.

Chapter 4: Accessible Routes and Accessible Means of Egress

In the revised guidelines, all components of accessible routes and

means of egress have been combined into one chapter, including walking

surfaces, doors, ramps, elevators, wheelchair lifts, and areas of

refuge. Section 402 indicates that accessible routes consist of these

components.

403 Walking Surfaces

``Walking Surfaces'' is a new term that has been introduced to

refer to the portion of interior or exterior accessible routes existing

between doors and doorways, ramps, elevators, or lifts. The

requirements for walking surfaces derive from specifications for

accessible routes in ADAAG 4.3 and are substantively the same in

addressing floor or ground surfaces, slope, changes in level, clear

width (including for turns around objects), wheelchair passing space,

and protruding objects. There are three changes from technical

requirements in ADAAG:

the maximum cross slope has been changed from 1:50 to 1:48

throughout the revised guidelines for consistency with model building

codes (403.3);

a new specification has been added that requires a minimum

linear separation of 48 inches between permitted reductions in the 36

inch minimum clear width (403.5); and

for turns around objects, clarification has been added

that, where a 60 inch minimum width at a turn is provided, the clear

width of the connecting route can be 36 inches minimum instead of 42

inches minimum because 60 inches permits 360 degree maneuvering

(403.5.1).

Question 20: The revised guidelines, like the current ADAAG,

provide technical criteria for handrails along stairs and ramps.

Section 505 of the revised guidelines provide requirements for

continuity, height, clearance, gripping surface, cross section,

fittings, and extensions. Handrails provided at other locations, such

as along corridors in medical care facilities and airports, are not

subject to these criteria except at stairs and ramps. The Board seeks

comment on whether handrails, where provided along circulation paths

without a slope or steps, should be subject to the technical

requirements in 505. Such a requirement may be included in the final

rule.

404 Doors and Doorways

This section provides requirements for doors and doorways which

correspond to those in ADAAG 4.13. Requirements for entrances in ADAAG

4.14, which are basically scoping in nature, have been relocated to

Chapter 2 as part of scoping provisions for accessible routes (206.4).

Like ADAAG, requirements are provided for manual doors (404.2) and

automatic doors (404.3). The Board has provided an exception in 404.2

for manual doors, doorways, and gates operated only by security

personnel under which compliance with requirements for door hardware,

closing speed, and door opening forces is not required. This exception

is based on one provided in ADAAG for judicial facilities and detention

and correctional facilities. For consistency, the Board has made this

exception generally applicable to all facilities. Security personnel

must have sole control of doors that are eligible for this exception.

It would not be acceptable for security personnel to operate the doors

for people with disabilities while others have independent access. A

similar

[[Page 62263]]

exception is provided for automatic doors in 404.3.

Section 404.2.3 addresses clear width and is different from ADAAG

in several respects. An exception in ADAAG 4.13.5 that allows a 20 inch

minimum clearance at doors not requiring full user passage has been

removed because such doors are not part of an accessible route.

Clarification has been provided on the protrusion of door hardware into

the clear width. ADAAG indicates that the clear width is to be measured

to the face of the door. However, the clear width requirement has been

misinterpreted as prohibiting certain door hardware, such as panic

bars, from protruding into this clearance. Language has been added

which prohibits projections into the minimum clear width at heights

below 34 inches; above this height (up to 80 inches), projections of 4

inches maximum are allowed. The Board has also editorially revised an

exception that allows the latch side stop to protrude up to \5/8\ inch

in alterations (404.2.3 Exception). In ADAAG, this exception is limited

to cases of ``technical infeasibility.'' The Board has removed this

qualification in this and other exceptions for alterations as noted in

section 202 above.

Section 404.2.4 specifies door maneuvering clearances which are

consistent with ADAAG 4.13.6. However, ADAAG provides these

specifications through illustration (Figure 25) and the revised

guidelines, which provide all requirements in written text, use tables

to provide this information (Tables 404.2.4.1 and 4042.4.2).

Clarification is also provided for recessed doors. ADAAG Figure 25

requires that doors in alcoves provide clearance for a forward

approach. This provision has led to questions about what constitutes an

``alcove.'' In 404.2.4.3, this requirement has been changed to apply

specifically to ``recessed doors where the plane of the doorway is

offset more than 8 inches from any obstruction within 18 inches

measured laterally on the latch side of the door.''

Section 404.2.5 covers thresholds. A provision in ADAAG 413.8 that

allows thresholds \3/4\ inch high maximum at exterior sliding doors has

been removed because products are available that meet the \1/2\ inch

high maximum specified for all other doors. An exception that permits

in alterations a \3/4\ inch maximum threshold if beveled on both sides

has been retained.

In section 404.2.7, which covers door hardware, a minimum mounting

height for door hardware (34 inches) has been added. This height

corresponds with revisions to the required clear width at doors to

clarify that limited projections into the clear width are acceptable

above this height. The maximum height (48 inches) is consistent with

ADAAG 4.13.9. The advisory committee also recommended an exception that

would permit any location for locks used only for security purposes and

not for normal operation. This would address certain doors that

typically have locks located outside the specified reach range, such as

doors without stiles that lock at the bottom edge. The Board has

included an exception but has further refined its application to

``existing locks at existing glazed doors without stiles, existing

overhead rolling doors or grilles, and similar existing doors or

grilles that are designed with locks that are activated only at the top

or bottom rail.'' The Board has limited this exception to existing

doors or grilles because design solutions for accessible doors and

gates are available in new construction.

Closing speed is addressed by section 404.2.8 and corresponds to

ADAAG 4.13.10. The required minimum closing speed for door closers is

generally consistent with ADAAG, although the values differ due to

changes in the measuring points. This revision was recommended by the

advisory committee for consistency with the ICC/ANSI A117.1 standard.

This section also includes a new provision for spring hinges, which

offer little opening resistance and closing forces in the 1 to 2 pounds

of force range. The requirement specifies that such hinges be adjusted

so as to close from an open position of 70 degrees no faster than 1.5

seconds.

Two new provisions are provided for door surfaces and vision lites.

Section 404.2.10 requires that swing doors have a smooth surface on the

push side that extends the full width of the door. This provision

derives from the ANSI A117.1-1992 standard and is intended to permit

wheelchair footrests to be used in pushing open doors without risking

entrapment on the stile. Exceptions to this requirement are provided

for certain types of doors, such as tempered glass doors without

stiles. Section 404.2.11 requires that, where vision panels in or

adjacent to doors are provided, the bottom of at least one glazed panel

be no higher than 43 inches from the floor for access to people using

wheelchairs or who are of short stature. This height permits hardware

to remain at industry standard locations. The Board has added an

exception for vision lites that are more than 66 inches from the floor

or ground, measured to the lowest part.

Section 404.3 addresses automatic doors. As in ADAAG 4.13.12, full-

powered, low-energy, and power-assisted doors are addressed, and the

industry standards (ANSI/BHMA 156.10 and 156.19) are referenced. The

revised guidelines, as indicated in section 105.2, reference the most

recent version of these standards (1996). Requirements in ADAAG 4.13.12

for door opening speed and forces have been removed since they are

addressed by the referenced standards. Other differences from ADAAG

include:

clarification that the required 32 inch minimum clear

opening applies to both power-on and power-failure modes and that the

clear width for automatic doors is based on the clear opening provided

by all leafs when simultaneously in the open position (404.3.1);

addition of a requirement that maneuvering clearances

specified for swing doors be provided at power-assisted doors since

such doors are manually operated (404.3.2);

addition of a requirement that labels and warning signs

for automatic doors meet requirements in section 703.4 for non-tactile

signage (404.3.6); and

addition of a requirement by the Board that the clear

break out opening for swinging or sliding automatic doors be at least

32 inches in emergency mode so that an accessible route through them is

maintained in emergencies (404.3.7).

405 Ramps

Requirements for ramps are based on those in ADAAG 4.8. Differences

from ADAAG concern:

removal of the requirement that ``the least possible

[running] slope'' be used for any ramp, which is considered too vague

from a compliance standpoint (the 1:12 maximum slope has been retained)

(405.2);

the maximum cross slope has been changed from 1:50 to 1:48

for consistency with model building codes (405.3);

clarification is provided that changes in level other than

the running and cross slopes are not permitted on ramp runs (405.4);

clarification is added that the required clear width (36

inches minimum) is measured between the leading edge of handrails

(405.5);

clarification is provided that ramp landings cannot slope

more than 1:48 or have any other change in level (405.7.1) and that

ramp landings and door maneuvering clearances can overlap (405.7.5);

and

revision of the requirement for handrails so that it

applies to any ramp with a rise greater than 6 inches but not to those

with a horizontal projection

[[Page 62264]]

greater than 72 inches since it can discourage shallower slopes on

short ramps (405.8).

In addition, further specification is provided for edge protection

in section 405.9. This section is clearer than ADAAG 4.8.7 in

recognizing surface extensions beyond handrails (12 inches minimum) and

in recognizing guards, curbs, or barriers that prevent passage of a 4

inch diameter sphere at the ground or floor surface. Exceptions are

provided to clarify that edge protection is not required on curb ramps

with flared sides or returned curbs, at stair or ramp openings at

landings, or at landings that have a maximum \1/2\ inch drop-off within

10 inches horizontally of the minimum landing area.

406 Curb Ramps

Requirements for curb ramps in the revised guidelines are

consistent with those in ADAAG 4.7. Revisions made to requirements for

ramps, such as the clarification that changes in level other than the

running and cross slope are prohibited, apply to curb ramps as well.

ADAAG originally contained a requirement in 4.7.7 that curb ramp

surfaces have a raised distinctive pattern of truncated domes to serve

as a warning detectable by cane or underfoot to alert people with

vision impairments of the transition to vehicular ways. This warning

was required for curb ramps in the belief that their sloped surfaces

removed the tactile cue provided by the straight drop off of a curb. In

response to concerns about the specification, which was based on

research, the availability of complying products, proper maintenance

such as snow and ice removal, usefulness, and safety concerns, the

Board suspended this requirement jointly with the departments of

Justice and Transportation in July 1994. This action suspended the

requirements for detectable warnings at curb ramps, hazardous vehicular

areas, and reflecting pools until July 26, 1996, pending the results of

a research project on the need for detectable warnings at these

locations and at vehicular-pedestrian intersections in the public

right-of-way.

The research project showed that vehicular-pedestrian intersections

are very complex environments and that pedestrians who are blind or

visually impaired use a combination of cues to detect intersections.

The research project found that detectable warnings helped some

pedestrians who are blind or visually impaired locate and identify curb

ramps. However, the detectable warnings had only a modest impact on

overall performance because, in their absence, pedestrians who are

blind or visually impaired used other cues that might be available to

detect the intersection. The research project indicated that there may

be a need for additional cues at some types of intersections. The

research project did not identify the specific conditions where such

cues should be provided. The research project suggested that other

technologies, which may be less costly and equally or more effective

than detectable warnings, be explored for providing information about

intersections.

In 1996, the Access Board and the departments of Justice and

Transportation extended the suspension of the detectable warning

requirements to July 26, 1998, to allow the Board's ADAAG Review

Advisory Committee to conduct its review of ADAAG and to make

recommendations for revising and updating the document. The suspension

has been extended to July 26, 2001. The advisory committee recommended

that the requirement for detectable warnings at platform edges in

transportation facilities be retained. The advisory committee also made

specific recommendations for permitting equivalent tactile surfaces,

and technology or other means to provide equivalent detectability of

the platform edge as an alternative to the truncated dome surface (see

discussion at section 705). The advisory committee did not make any

recommendations regarding the provision of detectable warnings at other

locations within a site. The advisory committee suggested that the

appropriateness of providing detectable warnings at vehicular-

pedestrian intersections in the public right-of-way should be

established first, and the application to other locations within a site

should be considered afterwards. The Board has not included a

requirement for detectable warnings within a site (i.e., at hazardous

vehicular areas or reflecting pools) or at curb ramps.

Section 406.7 addresses curb ramps provided at pedestrian islands

which is consistent with ADAAG 4.7.11 and requires clear floor space at

the top of ramps. The Board has added further detail on the width and

location of this space relative to the curb ramp. A requirement in

ADAAG 4.7.8 that curb ramps be located or protected so as not to be

obstructed by parked vehicles has been removed because it is not always

possible to prevent such obstruction solely through curb ramp design;

operational factors, such as local traffic laws and their enforcement

are also a key factor.

407 Elevators

Requirements for passenger elevators in ADAAG 4.10 are updated in

section 407. Elevators must meet the industry safety code, ASME/ANSI

A17.1, according to the most recent version (1993 with 1994 and 1995

addenda) as indicated in section 105.2. In addition to the types of

passenger elevators recognized by ADAAG, the revised guidelines provide

technical criteria for two new types of elevators destination-oriented

elevators in 407.3 and limited-use/ limited-application (LULA)

elevators in 407.4. A new subsection, 407.5, is also provided for

existing elevators that are altered.

Section 407.2 covers passenger elevators currently addressed by

ADAAG. A reference in ADAAG 4.10.1 to ``combination passenger and

freight elevators'' has been removed because the type of elevator this

was intended to cover is generally considered a ``passenger elevator''

by the ASME Elevator Safety Code, which does not address

``combination'' elevators.

A change is made to specifications for car size in section 407.2.8.

ADAAG 4.10.9 recognizes two standard car configurations based on early

industry conventions and provides a general performance standard

requiring that users be able to enter the car, maneuver within reach of

the controls, and exit from the car. The advisory committee considered

these specifications too restrictive since they did not specify other

standard configurations, such as the elongated hospital-type car, that

are considered to meet the general performance standard. In Table

407.2.8, a greater variety of inner car dimensions are permitted. In

addition to those specified by ADAAG, this table also permits cars with

minimum inner dimensions of 54 by 80 inches and 60 by 60 inches. Other

configurations that provide specified wheelchair turning space wholly

within the car are also allowed. With respect to the clear width of the

door opening, recognition of a \5/8\ inch tolerance is provided to

accommodate common industry sizes using ``hard'' metric equipment

sizes.

Other revisions for standard elevators include:

changing the height of call buttons from 42 inches

``centered'' to a range between 35 to 48 inches measured to each button

centerline (407.2.2);

adding requirements for the frequency (1500 Hz maximum)

and decibel ranges (20 to 80 dBA) for hall call buttons (407.2.3)

(while the advisory committee recommended that this be measured at the

annunciator, the

[[Page 62265]]

Board is requiring measurement at the call button, closer to the user);

specifying that the minimum size of visible hall signals

be measured ``along the vertical centerline of the element,'' a Board

change that takes into account triangular signals (407.2.3.2.2);

revising requirements for tactile signs at hoistway

entrances by specifying that the 60 inch height is measured to the

baseline of the character (instead for the centerline) for consistency

with other tactile signage requirements (407.2.4);

adding a requirement that a tactile star be provided at

the main entry level hoistway entrance, and removing language regarding

the use of applied plates since it was considered advisory (407.2.4);

adding requirements for car controls so that numbers are

provided in ascending order and, in the case of multiple columns, read

left to right (407.2.11.1);

recognizing the use of keypads as an option to control

panels (which provides an option in situations where it would be

difficult to locate all buttons of a control panel within the specified

reach range) and requiring that they follow the standard telephone

keypad arrangement and have tactile characters (407.2.11.2);

providing a maximum decibel level (80 dBA) for audible car

position indicators (407.2.12.2);

requiring car position indicators to provide automatic

verbal announcements because of the ready availability of such

indicators, and allowing audible signals only in slow-moving elevators

having a maximum rated speed of 200 feet per minute (407.2.12.2); and

requiring that ``essential'' information be presented in

both tactile and visual form where instructions for the use of

emergency communication equipment are provided (407.2.13).

Question 21: The Board is considering requiring a frequency band

width of 300 to 3000 Hz for hall signals (407.3.2) in the final rule

and seeks comment on such a requirement as it would affect

intelligibility for people who are hard of hearing and others.

Information on the availability of products and costs of such a

requirement is requested.

Question 22: Section 407.2.13 addresses two-way emergency

communication systems and requires that emergency signaling devices not

be limited to voice communication. The Board seeks information and

product literature on emergency communication devices and communication

technologies that provide two-way communication in a manner accessible

to people who are deaf and others who cannot use voice communication.

The Board will consider adding a requirement for more interactive

emergency communication devices that provide such access if they are

presently available and if the costs and benefits can be demonstrated.

The advisory committee also recommended lowering the maximum height

for control buttons from 54 to 48 inches, consistent with its

recommendations for reach ranges generally. This recommendation is

based on a report from the Little People of America indicating that a

54 inch height is too high for most people of short stature. As

discussed at section 308 above, the Board has not included this

requirement. The advisory committee recognized a potential adverse

impact of a lower maximum height on elevators with panels that must

have a large number of buttons in a limited amount of space and

recommended an exception that would allow the 54 inch maximum height

for elevators with more than 16 stops.

Section 407.3 provides technical requirements for destination-

oriented elevators. These elevators are different from standard

elevators in that passengers indicate their floor destination,

typically using a keypad, when calling an elevator. The responding car

is programmed by the time of arrival to the destination. This system

allows more efficient utilization of elevators by reducing the number

of stops per trip. The revised guidelines require that these elevators

comply with the ASME/ANSI A17.1 safety standard and with most of the

requirements for standard elevators in 407.2. Different specifications

are provided for call buttons, hall signals, car controls, car position

indicators, and hoistway entrance designations. Provisions specific to

destination elevators require:

keypads, where provided instead of call buttons, to have a

standard phone keypad arrangement (407.3.1);

different visible and audible car arrival signals for each

car in a bank which correspond to those signals given when registering

a call so users know which car is responding to their call (407.3.2);

location of car controls, which typically include only

emergency controls, within 35 to 48 inches from the floor (since fewer

buttons are provided, the Board has retained the 48 inch maximum

instead of the 54 inch maximum specified for other elevators)

(407.3.3);

visual display of each floor at which a car has been

programmed to stop, and automatic verbal announcement of each floor the

car stops at (407.3.4); and

tactile identification of each car at the hoistway

entrance so persons with vision impairments can identify the car

responding to their call (407.3.5).

The revised guidelines also provide technical requirements for LULA

elevators. This type of elevator is typically smaller and slower than

other passenger elevators and is used for low-traffic, low-rise

installations, including residential facilities. The advisory committee

recommended that this type of elevator be allowed where a standard

elevator is not required. Since this kind of elevator requires less

space and costs less, the advisory committee reasoned that LULAs will

provide a more viable option in providing vertical access in multi-

story buildings not required to have an elevator. The technical

requirements for these elevators are provided in section 407.4.

Where provided, LULAs would be required to comply with the

applicable section of the safety code, ASME/ANSI A17.1, Chapter XXV.

Most of the requirements are the same as those for other elevators

except that LULAs are not subject to criteria for door timing, door

delay, or car position indicators. Provisions that differ from those

for other elevators concern doors, car size, and car controls. Low-

energy power-operated swing doors are permitted as an alternative to

sliding doors if they meet the ANSI/BHMA A156.19 standard and

requirements in section 404 of this guideline. They are required to

remain open for at least 20 seconds when activated. Sliding doors are

subject to door operation requirements of other elevators. A smaller

car size is permitted: 42 inches wide minimum and 54 inches deep

minimum (with a 36 inch minimum width allowed for installations in

existing facilities). Doors are required to be provided on the short

dimension. While considerably smaller than other elevators, these

dimensions are intended to approximate the maximum car size possible

for this type of elevator. Car controls are subject to the same

requirements as other elevators except that they must be installed on

the side wall.

The revised guidelines provide more detail than ADAAG on the

requirements for existing elevators that are altered. Section 407.5

provides requirements for other elevators that are altered if full

compliance with 407.2 is not undertaken. Such elevators are subject to

most of the requirements for new construction, but a variety of

allowances are included in 407.5 to recognize the potential difficulty

of bringing existing equipment into full compliance. In

[[Page 62266]]

section 407.5.4, smaller cars are permitted if they are at least 36

inches wide and 54 inches deep with a clear floor area of at least 16

square feet. The advisory committee recommended that a 48 inch minimum

depth be permitted, but the Board considers the 54 inch minimum depth

more appropriate in accommodating a wider range of mobility aids,

including scooters with a long wheel base. This specification replaces

provisions in ADAAG 4.1.6(3)(c) permitting smaller sized cars. This

section also:

does not require call buttons to be raised or flush,

unless new buttons are installed (407.5.1);

does not require existing hall signals to meet new

construction requirements for frequency (1500 Hz maximum) or decibel

levels (20 to 80 dBA), unless new signals are installed (407.5.2);

allows existing hoistway swing doors that are manually

operated or automatic if they provide a 32 inch minimum clear width and

have a maximum 5 pounds opening force, but requires that power-operated

car doors not begin to close until the hoistway door is closed

(407.5.3);

removes an exception in ADAAG 4.16(3)(c) that allows

existing safety door edges instead of automatic door reopening devices

which the advisory committee considered of little benefit (407.5.3);

allows existing control panels not to comply where a

fully-compliant panel is provided (407.5.5.4);

allows car control buttons to be recessed and provides

flexibility in the location of tactile markings at existing control

panels but requires that new panels fully comply (407.5.5);

allows existing car position indicators not to comply

(407.5.6); and

requires that accessible elevators be identified by the

International Symbol of Accessibility unless all elevators in a

building are accessible.

408 Wheelchair (Platform) Lifts

Requirements for wheelchair lifts are consistent with those in

ADAAG 4.11 in specifying ground and floor surfaces, clear floor space,

and operable parts. Like ADAAG, the revised guidelines require

compliance with the safety code for elevators and escalators, ASME/ANSI

A17.1, but references the most recent edition as indicated in section

105.2. The final rule will reference the ASME/ANSI A18.1 Safety

Standard for Platform Lifts and Stairway Chairlifts if the new standard

is published prior to the publication of the final rule. The revised

guidelines provide additional specifications for lift doors and gates

in section 408.2 that are not contained in ADAAG. These additional

specifications are designed to facilitate unassisted entry and exit.

Wheelchair lifts with doors or gates on opposing sides generally

facilitate lift use by permitting a forward approach to both entry and

exit doors or gates. The revised guidelines require lifts that do not

provide this ``pass through'' to have low energy, power-operated doors

or gates that meet the applicable requirements of the ANSI/BHMA A156.19

standard. As with LULA elevators, doors or gates are required to remain

open for at least 20 seconds when activated.

409 Accessible Means of Egress

The advisory committee recommended revising the criteria for

accessible means of egress to make them more consistent with model

building codes and standards. These changes serve to provide more

detail on the acceptable components of accessible means of egress.

Section 409.1 recognizes that an accessible route complying with

section 402 can be used as an accessible means of egress, except for

wheelchair lifts, which are not permitted as part of accessible means

of egress because they are not generally provided with standby power

that would allow them to remain functional in emergencies when power is

lost. New requirements are provided for the use of exit stairways and

elevators that are part of an accessible means of egress when provided

in conjunction with horizontal exits or areas of refuge meeting section

410. A horizontal exit is a fire-safety concept included in model

building codes that in effect creates an area of refuge. For example, a

story is divided into areas separated by a fire resistive wall. The

fire door in the wall is the horizontal exit and, in the event of a

fire, occupants can move away from the fire into the area that would be

protected by the fire resistive wall (model code requirements are based

on the assumption that fire will not occur in both areas

simultaneously).

Under section 409.2, exit stairways can serve as part of an

accessible means of egress if they contain an area of refuge or if they

can be accessed from either an area of refuge or a horizontal exit.

Such stairways must also meet the requirements for stairways in section

504 and, as required by ADAAG, have a minimum clear width of 48 inches

between handrails. The requirements for exit stairways are not

applicable to facilities not required to have areas of refuge (i.e.,

those protected throughout by a supervised automatic sprinkler system

and open parking garages) or to exit stairways that serve a single

guest room. Exit stairways accessed from a horizontal exit are not

required to provide the minimum 48 inch clear width.

While typical elevators are not designed to be used during

emergency evacuation, there are elevators that are designed with

standby power and other features according to the elevator safety

standard that can be used for evacuation. The revised guidelines

require such elevators as part of an accessible means of egress in

buildings where accessible floors are four or more stories above or

below the level of exit discharge (section 207.2). This is consistent

with model codes. Section 409.3 provides the technical criteria for

these elevators and requires standby power so that emergency or other

authorized personnel can use the elevator for evacuation after the loss

of primary electrical power. These elevators must meet requirements for

emergency operation and signaling devices in the elevator safety code

(ASME/ANSI A17.1, Rule 211). These elevators must be accessed from a

complying area of refuge or a horizontal access except in facilities

equipped throughout with a supervised automatic sprinkler system or

open parking garages, which are exempt from the requirement for areas

of refuge.

410 Areas of Refuge

The revised guidelines use the term ``areas of refuge'' instead of

``areas of rescue assistance'' and provides technical requirements that

would replace those in ADAAG 4.3.11. The revised guidelines introduce

some new requirements for areas of refuge and differ from ADAAG in not

listing each type of space that can serve as an area of refuge.

Requirements for location (410.2), construction (410.4), and smoke

resistance (410.5) replace the space-specific criteria in ADAAG

4.3.11.1. Section 410.2 introduces a maximum travel distance to an area

of refuge that is based on the travel distance permitted for the

occupancy by the administrative authority. This section also clarifies

that each area of refuge must have direct access to an exit stairway or

evacuation elevator.

Under section 410.4, smoke barriers separating areas of refuge from

the rest of the floor must have a minimum one-hour fire-resistance

rating, and doors in the smoke barrier must have a minimum 20 minute

fire-resistance rating. These requirements and others pertaining to

doors and openings, including those for heating, ventilation, and air

conditioning (HVAC) coincide with those in ADAAG as specified for areas

of rescue assistance based on their

[[Page 62267]]

location. Section 410.5 is more direct than ADAAG in requiring all

areas of refuge to be designed to prevent the intrusion of smoke. This

requirement does not apply to facilities protected throughout

(including areas of refuge provided although not required) by a

supervised automatic sprinkler system. Consistent with ADAAG, and the

model codes, special design requirements dealing with intrusion of

smoke is not required for areas of refuge located in exit stair

enclosures. A story-level landing within a fire resistance rated exit

enclosure will provide a satisfactory area for staging evacuation

assistance. Section 410.5 also specifies that where an elevator lobby

serves as an area of refuge, the hoistway and lobby must comply with

requirements for smoke-proof enclosures (unless the elevators are in an

area of refuge formed by a horizontal exit or smoke barrier). This is

consistent with ADAAG, but the revised guidelines recognize the use of

horizontal exits or smoke barriers in this situation. Also,

requirements in ADAAG 4.1.3.1(7) for activation, fire ratings, and

pressure differentials where elevator lobbies serve as areas of refuge

have not been included in the revised guidelines because they are

extensively addressed by contemporary building codes.

Requirements for size (410.3), communication system (410.6),

instructions (410.7), and identification (410.8) are consistent with

ADAAG. Section 410.7 provides greater detail on the type of

instructions required in areas of refuge. Instructions must include

directions to other means of egress, urging people to use exit stairs

if they can, information on evacuation assistance and how to summon it,

and directions for using the required two-way communication system.

Question 23: Section 410.6 requires that emergency communication

systems have visible signals in addition to audible signals so that

limited communication access is provided for people who are deaf or

hard of hearing. Use of two-way communication systems is recognized but

not required. As with elevator communication systems, the Board seeks

information and product literature on emergency communication devices

and communication technologies that provide two-way communication in a

manner accessible to people who are deaf and others who cannot use

voice communication. The Board will consider adding a requirement for

more interactive emergency communication devices that provide such

access if they are presently available and if the costs and benefits

can be demonstrated.

Chapter 5: General Site and Building Elements

Chapter 5 contains requirements for accessible parking and

passenger loading zones, stairways, and handrails.

502 Parking Spaces

This section is substantively consistent with ADAAG 4.6, except for

changes concerning identification of van spaces and accessible routes.

Requirements in 502.6 for the identification of spaces have been

revised by adding a specific mounting height (60 inches above the

ground measured to the bottom edge of the sign); ADAAG 4.6.4 requires

signs to be located so that they are not ``obscured by a vehicle

parking in the space.'' In addition, the requirement that van spaces be

designated as ``Van-accessible'' has been removed. The advisory

committee recommended this action because this designation has been

misinterpreted as reserving spaces solely for van users when in fact it

was intended only to identify those spaces better suited for van use. A

requirement in ADAAG that parked vehicle overhangs not reduce the clear

width of connecting accessible routes has been removed as it is

redundant with the requirement for clear width.

Other revisions have been made in sections 502.3 and 502.4 to

clarify that:

access aisles are to be marked;

changes in level beyond the maximum 1:48 slope are not

permitted for either the space or the access aisle; and

the access aisle must be at the same level as the parking

space.

Requirements for the location of accessible parking in ADAAG 4.6.2

have been relocated to Chapter 2 at 208.4 since these provisions

contain scoping information.

503 Passenger Loading Zones

Requirements for passenger loading zones are based on those

contained in ADAAG 4.6.6. Unlike the scoping provisions in 209, the

technical criteria of this section have not been significantly changed.

Requirements have been added in section 503.3 and 503.4 to clarify

that:

access aisles are to be marked;

changes in level beyond the maximum 1:48 slope are not

permitted for either the space or the access aisle; and

the access aisle must be at the same level as the parking

space.

504 Stairways

Two new provisions have been added to the requirements for stairs

contained in ADAAG 4.9. In section 504.2, a riser height of 4 to 7

inches is specified, consistent with some model codes and the ICC/ANSI

A117.1 standard. ADAAG requires a uniform riser height but does not

specify a dimension. Section 504.4 permits an allowable slope up to

1:48 for tread surfaces to allow for drainage and prohibits changes in

level on treads. ADAAG does not address tread slope.

505 Handrails

Requirements for handrails at ramps and stairs in ADAAG 4.9.4,

4.8.5, and 4.26 have been combined into one subsection in the revised

guidelines. An exception in 505.2 from the requirement for handrails on

both sides of aisle ramps has been expanded to include aisle stairs

since the revised scoping for stairs is likely to cover stairs not

covered by ADAAG. However, this exception has been limited to one

handrail, whereas ADAAG currently exempts both handrails.

In sections 505.3 and 505.4, revisions have been made to clarify

that handrails are not required to be continuous at aisle seating and

that the handrail height is to be consistent along a stairway or ramp.

In section 505.5, the 1\1/2\ inch knuckle clearance in ADAAG has been

changed from an absolute to a minimum dimension. The advisory committee

recommended this change because an absolute or maximum clearance is

intended to prevent entrapment; this rationale was considered more

pertinent to grab bars than to handrails. Also, some building codes

require a clearance greater than 1\1/2\ inches. Another difference

concerns specifications for gripping surfaces in section 505.6. The

revised guidelines specify what is considered a ``continuous'' gripping

surface by defining allowable interruptions by handrail brackets or

balusters. Under this provision, surface interruptions are not

considered obstructions if they obstruct no more than 20% of the

handrail length; have horizontal projections beyond the sides of the

handrail at least 2\1/2\ inches below the bottom of the handrail; and

edges have a \1/8\ inch minimum radius.

Many questions have arisen about the ADAAG specification in 4.26.2

for handrail diameter of 1\1/4\ to 1\1/2\ inches (indicated in Figure

39 as the outside diameter) particularly in the use of pipe. Section

505.7 changes this range to 1\1/4\ to 2 inches and clarifies its

application to the outside diameter. The advisory committee pointed to

studies that show a larger cross-section is more graspable and allows a

stronger grip. This section also provides more specific guidance on

acceptable alternatives to the specified circular cross-section. Non-

circular

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cross-sections are permitted that have a perimeter dimension between 4

to 6\1/4\ inches and a cross-section diameter of 2\1/4\ inches maximum.

Section 505.10 covers handrail extensions and clarifies that they are

not required at handrails in aisles serving seating where handrails are

necessarily discontinuous.

Chapter 6 Plumbing Elements and Facilities

Chapter 6 provides technical requirements for plumbed fixtures and

toilet and bathing rooms and replaces those for such elements and

spaces in ADAAG 4.15 through 4.24.

Previously adopted amendments to ADAAG that provide alternate

specifications for building elements designed for children's use are

included in the revised guidelines. These specifications address

drinking fountains, water closets, toilet compartments, lavatories and

sinks. The provisions have been editorially revised to fit into the new

format of the revised guidelines but remain substantively the same. As

with the current ADAAG, these provisions are provided as exceptions to

requirements that are based on adult dimensions. Use of the alternate

specifications, while optional, will be driven where an element or

space is designed specifically for children's use. The alternate

specifications address clear floor space at drinking fountains (602.2),

water closets and toilet compartments (604.1, 604.9), grab bar heights

(609.3), and knee clearances at lavatories and sinks (606.2).

ADAAG 4.1.3(11) permits toilet rooms provided for the use of

occupants of specific spaces, such as the private toilet room for the

occupant of a private office, to be ``adaptable.'' Adaptable refers to

design that allows certain access features, such as grab bars, to be

added or altered after construction when needed to accommodate a person

with a disability. The revised guidelines retain this provision but

provide more guidance on the type of spaces covered and on what

constitutes ``adaptability'' throughout Chapter 6. Instead of relying

on a general scoping provision as in current ADAAG, the revised

guidelines provide a series of exceptions to technical criteria for

doors to toilet and bathing rooms (603.2.3), toilet seat heights

(604.4), grab bars at water closets (604.5), bathtubs (607.4), and

showers (608.3), and lavatory knee clearance and counter heights

(606.2, 606.3). These exceptions are applicable to toilet and bathing

rooms ``for a single occupant, accessed only through a private office

and not for common or public use.''

602 Drinking Fountains and Water Coolers

Requirements for drinking fountains and water coolers derive from

those in ADAAG 4.15. Like ADAAG, a forward approach is required at

wall- or post-mounted, cantilevered units in section 602.2. A parallel

approach is permitted at other types of units, such as those that are

floor-mounted.

Question 24: A forward approach to drinking fountains provides

easier access than a parallel approach. Should a forward approach,

which includes knee and toe clearances below the unit, be required at

all drinking fountains for adults that must be accessible? Such a

requirement may be included in the final rule.

It is also specified that clear floor space for either a forward or

parallel approach ``be centered on the unit,'' a stipulation not

contained in ADAAG but that is consistent with the intent of the clear

floor space requirement for a forward approach. ADAAG 4.15.4 requires

that controls meet operation requirements and be mounted at the front

of the unit or on the side near the front edge. The revised guidelines

require operable parts to meet section 309, which not only covers the

operation requirements but also requires location within the applicable

forward or side reach range.

ADAAG 4.15.3 requires the spout to be at the front of the unit.

Section 602.5 is more specific on the spout location and requires the

location based on the approach provided; no more than 5 inches from the

front edge (including bumpers) and at least 15 inches from the vertical

support at units with a forward approach and 3\1/2\ inches maximum from

the front edge (including bumpers) at units providing a side approach.

Additional specification is provided for the water flow based on

requirements in the ICC/ANSI A117.1 standard. Like ADAAG 4.15.3, the

water flow must be at least 4 inches high to allow insertion of a cup

or glass under the flow. ADAAG is more specific with respect to round

or oval bowls, which are required to have spouts positioned so that the

water flow is within 3 inches of the front edge of the unit. Section

602.6 of the revised guidelines specifies the maximum angle of the

water flow measured horizontally relative to the front face of the unit

(30 degrees where the spout is located within 3 inches from the front

and 15 degrees where the spout is located within 3 to 5 inches from the

front).

The advisory committee recommended removing access requirements for

people who have difficulty bending or stooping, in part because ADAAG

does not provide any technical criteria for such access. The Board has

retained a requirement for standing access at a portion of units and

has provided in section 602.7 a requirement for the spout height (39 to

43 inches measured from the floor or ground to the spout outlet). This

range is based on the height of certain drinking fountain models

currently available in the marketplace.

603 Toilet and Bathing Rooms

This section contains requirements for toilet and bathing rooms

found in ADAAG 4.22 and 4.23 with several substantive revisions. Like

ADAAG, section 603.2.3 prohibits doors from swinging into the clear

floor space required for any fixture. However, an exception from this

requirement has been provided for individual-use toilet and bathing

rooms where clear floor space for an occupied wheelchair is provided

beyond the arc of the door swing. The advisory committee felt that the

rationale for the ADAAG requirement is most relevant to multi-user

toilet or bathing facilities and that in single-user facilities,

wheelchair space beyond the arc of the door swing is sufficient. This

exception in no way affects the requirement in 603.2.1 for wheelchair

turning space. That requirement is applicable to single- and multi-user

toilet rooms. For those facilities designed to serve a single occupant

accessed only through a private office and not for public or common

use, a second exception allows the door to swing into fixture clear

floor space where the swing of the door can be reversed. Section 603.4

provides a new requirement that coat hooks and fold-down shelves, where

provided, be accessible. Coat hooks must be within the accessible reach

ranges specified in section 308, and fold-down shelves are to be

mounted from 40 to 48 inches above the floor. (This requirement is also

restated for toilet compartments at 604.8.3.) In addition, a

requirement for the height of mirrors in the ADAAG section on

lavatories (4.19) has been relocated to this section at 603.3.

604 Water Closets and Toilet Compartments

This section integrates requirements in ADAAG 4.16 and 4.17 for

water closets and toilet compartments. Requirements in 604.2 through

604.7 apply to water closets, including those located in toilet

compartments, and requirements in 604.8 are specific to toilet

compartments. Section 604.9 provides criteria for toilet compartments

designed according to children's

[[Page 62269]]

dimensions as an optional alternative to the requirements based on

adult dimensions in section 604.8.

Substantive changes are proposed for the location of water closets

and clear floor space at water closets. Section 604.2 specifies that a

water closet centerline be located 16 to 18 inches from the adjacent

side wall. This differs from ADAAG which requires an 18 inch absolute

dimension in 4.16.2 (Figure 28). The advisory committee considered the

absolute dimension overly restrictive and pointed to early studies that

indicate closer placement is acceptable. Section 604.3 requires that

the clear floor space at water closets be at least 60 inches wide and

56 inches deep and prohibits any other obstruction or fixture other

than the water closet, grab bars, and tissue dispensers from

overlapping this space. ADAAG Figure 28 specifies the same clear floor

space dimension but allows lavatories on the same plumbing wall to be

mounted as close as 18 inches to the centerline of the water closet. In

this case, ADAAG specifies clear floor space at the water closet 48

inches wide minimum (instead of 60 inches) and, in the case of a

forward approach, at least 66 inches deep (instead of 56 inches). While

the clear floor space at the lavatory ensures additional space near the

water closet, the closer placement of the lavatory effectively

prohibited space for side transfers to the water closet. In practice,

the lavatory cannot be placed as close as shown in ADAAG Figure 28 due

to the rear grab bar which must be at least 36 inches long unless the

grab bar overlaps the lavatory. Also, the advisory committee noted that

the lavatory should not be used to support the weight of a person

transferring since lavatories are not required to provide structural

support, and they do not provide adequate hand holds. For these

reasons, the advisory committee recommended that fixtures, including

lavatories, not be permitted to overlap the 60 inch wide space at water

closets. This will allow space for side transfers at all accessible

water closets. Under this change, the space saved by locating a

lavatory closer to the water closet on the same plumbing wall could

only be accomplished by recessing the lavatory so that it does not

overlap the clear floor space at the water closet.

Revisions are made to requirements for the rear grab bar, flush

controls, and toilet paper dispensers. Consistent with ADAAG 4.16.4,

the rear grab bar must be at least 36 inches long. However, section

604.5.2 permits a shorter grab bar of 24 inches if wall space is not

available for a 36 inch grab bar. This provision will accommodate a

recessed lavatory on the plumbing wall and thereby recover space in the

toilet room. Section 604.6 requires flush controls to be within the

accessible reach ranges (48 inches maximum for a forward approach)

instead of the 44 inch maximum permitted by ADAAG 4.16.5. With respect

to toilet paper dispensers, ADAAG 4.16.6 specifies a minimum height of

19 inches. Section 604.7 changes this dimension and provides further

detail on the location. Dispensers must be 7 to 9 inches in front of

the water closet (measured to the dispenser centerline) and must be

between 15 and 48 inches above the floor and mounted so that there is a

minimum clearance of 1\1/2\ inches below or 12 inches above the side

grab bar. Most extra large dispensers do not meet these requirements

because they block use of grab bars or are too low or too high to

comply with ADAAG reach ranges. Toilet paper dispensers are subject to

requirements for operable parts in 309.4 (operable with one hand

without grasping, pinching, twisting of the wrist, or a force of more

than 5 pounds).

Section 604.8 provides requirements for toilet compartments.

Section 604.8.1 covers wheelchair accessible compartments, and section

604.8.2 covers compartments providing access for people who are

ambulatory. These requirements are based on those in ADAAG 4.17,

4.22.4, and 4.23.4. ADAAG 4.17.3 permits alternate smaller compartment

designs in alterations where providing a standard wheelchair accessible

stall is not technically feasible. These designs permit a considerably

narrower compartment (36 or 48 inches instead of 60 inches minimum) in

exchange for more depth (an additional 10 inches). These alternate

designs are not included in the revised guidelines for two reasons. The

advisory committee did not believe the alternate stall designs provide

sufficient wheelchair access because they fail to accommodate the most

common diagonal or side transfers. In addition, the Board has sought to

limit alternate specifications based on technical infeasibility as

discussed at section 202 above.

Se

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