[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37964-37977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18138]



[[Page 37963]]


_______________________________________________________________________

Part II





Department of Justice





Office of the Attorney General



28 CFR Part 38

Architectural and Transportation Barriers Compliance Board



36 CFR Part 1191



_______________________________________________________________________



Americans With Disabilities Act Accessibility Guidelines for Buildings 
and Facilities; Children's Facilities; Proposed Rule

  Federal Register / Vol. 61, No. 141 / Monday, July 22, 1996 / 
Proposed Rules  

[[Page 37964]]



DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 38
[Order No. 2042-96]
Architectural and Transportation Barriers Compliance Board
36 CFR Part 1191
[Docket No. 94-2]
RIN 3014-AA17

Americans With Disabilities Act Accessibility Guidelines for 
Buildings and Facilities; Children's Facilities
AGENCIES: Architectural and Transportation Barriers Compliance Board 
and Department of Justice.

ACTION: Joint notice of proposed rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) proposes to amend the Americans with Disabilities Act 
Accessibility Guidelines (ADAAG) by adding a special application 
section for children's facilities. The section contains guidelines 
based on children's dimensions and anthropometrics for newly 
constructed and altered children's facilities. The section would ensure 
that newly constructed and altered children's facilities are readily 
accessible to and usable by children with disabilities.
    The Department of Justice proposes to amend its regulations 
implementing the Americans with Disabilities Act (ADA) by adding to its 
Standards for Accessible Design the special application section for 
children's facilities proposed by the Access Board.

DATES: Comments should be received by October 21, 1996. Comments 
received after this date will be considered to the extent practicable.

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. The Access Board will provide copies of all comments received to 
the Department of Justice. 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 information about availability of copies and electronic access, see 
the beginning of SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Access Board: Marsha K. Mazz, Office 
of Technical and Information Services, Architectural and Transportation 
Barriers Compliance Board, 1331 F Street NW, suite 1000, Washington, DC 
20004-1111. Telephone (202) 272-5434 ext. 21 or (800) 872-2253 ext. 21 
(voice), and (202) 272-5449 (TTY) or (800) 993-2822 (TTY).
    Department of Justice: John L. Wodatch, the ADA information line, 
Disability Rights Section, Civil Rights Division, U.S. Department of 
Justice, Washington, DC 20530. Telephone (800) 514-0301 (voice) or 
(800) 514-0383 (TTY).

SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
    Single copies of this publication may be obtained at no cost by 
calling the Access Board's automated publications order line (202) 272-
5434 or (800) 872-2253, by pressing 1 on the telephone keypad, then 1 
again, and requesting publication S25 (Children's Facilities Notice of 
Proposed Rulemaking). Persons using a TTY should call (202) 272-5449 or 
(800) 993-2822. Please record a name, address, telephone number and 
request publication S25. Persons who want a copy in an alternate format 
should specify the type of format (audio cassette tape, braille, large 
print, or computer disk).
    The proposed rule is available on electronic bulletin board at 
(202) 272-5448 (Access Board) and (202) 514-6193 (Department of 
Justice). This rule is also available on the Internet. It can be 
accessed with gopher client software (gopher.usdoj.gov), through other 
gopher servers using the University of Minnesota master gopher (under 
North America, USA, All, Department of Justice), with World Wide Web 
software (http://www.usdoj.gov), or through the White House WWW server 
(http://www.whitehouse.gov).
Background
    The Access Board is responsible for developing accessibility 
guidelines under the ADA to ensure that new construction and 
alterations of facilities covered by titles II and III of the Act are 
readily accessible to and usable by individuals with 
disabilities.1 The Access Board initially issued the Americans 
with Disabilities Act Accessibility Guidelines (ADAAG) in 1991 (36 CFR 
part 1191, appendix A) and has amended the guidelines four times, most 
recently in 1994. See 59 FR 31676 (June 20, 1994). ADAAG consists of 
general sections (ADAAG 1 to 4) that apply to all types of buildings 
and facilities, and special application sections (ADAAG 5 to 14) that 
contain additional requirements for certain types of buildings.2
    1 The ADA (42 U.S.C. 12101-12213) is a comprehensive civil 
rights law which prohibits discrimination on the basis of 
disability. Titles II and III of the ADA require, among other 
things, that newly constructed and altered State and local 
government buildings, places of public accommodation, and commercial 
facilities be readily accessible to and usable by individuals with 
disabilities.
    2 The special application sections cover the following buildings 
and facilities: restaurants and cafeterias (ADAAG 5); medical care 
facilities (ADAAG 6); business, mercantile and civic (ADAAG 7); 
libraries (ADAAG 8); transient lodging (ADAAG 9); transportation 
facilities (ADAAG 10); judicial, legislative, and regulatory 
facilities (ADAAG 11); detention and correctional facilities (ADAAG 
12); accessible residential housing (ADAAG 13); and public rights-
of-way (ADAAG 14).
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    Under the ADA, the Department of Justice is responsible for issuing 
regulations to implement titles II and III of the Act. The Department 
of Transportation is responsible for issuing regulations to implement 
the transportation provisions of titles II and III of the ADA. The 
regulations issued by the Department of Justice and Department of 
Transportation must include accessibility standards for newly 
constructed and altered facilities covered by titles II and III of the 
ADA. The standards must be consistent with the accessibility guidelines 
issued by the Access Board. The Department of Justice has adopted ADAAG 
as its Standards for Accessible Design, published as appendix A to 28 
CFR part 36; and the Department of Transportation has also adopted 
ADAAG as its accessibility standards, published at appendix A to 49 CFR 
part 37.3
    \3\ The Department of Justice's and Department of 
Transportation's regulations currently include ADAAG 1 to 10. On 
June 20, 1994, the Department of Justice and Department of 
Transportation proposed to add ADAAG 11 to 14 to their regulations. 
See 59 FR 31808 and 31818 (June 20, 1994). The Department of Justice 
further proposed to move its Standards for Accessible Design from 28 
CFR part 36, appendix A to 28 CFR part 37, appendix A. The 
Department of Justice subsequently assigned another set of 
regulations to 28 CFR part 37 and now proposes to move its standards 
to 28 CFR part 38, appendix A.
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    The Access Board proposes to add a new special application section 
to ADAAG (section 15) for newly constructed and altered children's 
facilities. Section 15 contains design and construction guidelines 
based on children's dimensions and anthropometrics. Section 15 does not 
address play settings and fixed play equipment for children. These 
facilities will be addressed by the Access Board in a separate 
rulemaking on recreation facilities.
    The Department of Justice proposes to amend its regulations 
implementing

[[Page 37965]]

titles II and III of the ADA by adding section 15 to its Standards for 
Accessible Design.
    Section 15 generally modifies current ADAAG technical requirements 
for children's facilities. It does not broaden the application of ADAAG 
and applies to those facilities already covered by titles II and III of 
the ADA. Section 15 generally does not increase the number of 
accessible elements and features required by current ADAAG. For 
example, the number of toilet rooms or toilets required to be 
accessible by ADAAG is not changed. Rather, where a toilet room is 
required to be accessible, and it is constructed according to 
children's dimensions and anthropometrics instead of adults', the 
applicable technical requirements in section 15 modify those currently 
in ADAAG. Other ADAAG sections not specifically referenced in section 
15 shall be applied to children's facilities without modification or 
addition.
    State and local laws and codes, as well as best practices, often 
recognize the need for certain facilities to be constructed according 
to children's dimensions and anthropometrics, rather than adults'. 
Typically, this need occurs where children will be the primary users of 
a facility, such as in child care centers and elementary schools. Some 
state and local laws and codes either require or recommend the 
application of design guidelines specifically suited to serve children. 
Those design guidelines may, for example, specify lower mounting 
heights for elements used primarily by children such as drinking 
fountains, lavatories and toilets. In the absence of mandatory or 
recommended design guidelines for children, best practices are often 
applied that consider that certain elements in the built environment 
should be usable by children rather than adults. With respect to the 
design and construction of buildings, the term ``best practices'' 
generally refers to design criteria or methods of construction that 
have been developed over time by designers and builders and that in 
their professional judgment and experience are best applied in 
situations where no formal guidance (e.g., code or regulation) exists. 
While state and local laws and codes may contain guidelines for 
children, only a few contain guidelines that address accessibility for 
children with disabilities.
    Current ADAAG contains specifications that are based on adult 
dimensions and anthropometrics. Although ADAAG applies to child care 
centers, pre-kindergarten and elementary schools and other children's 
facilities, it does not currently contain requirements that 
specifically address access for children. Applying specifications that 
serve adults to facilities for children may conflict with state and 
local codes or best practices that require or recommend the application 
of specifications based on children's sizes and dimensions. For 
example, a code or best practice may specify a lower seat height for 
toilets serving children, while ADAAG specifies a seat height suitable 
for adults with disabilities. Alternatives to ADAAG specifications, 
such as a lower toilet seat height, may be permitted under ADAAG 2.2 
(Equivalent Facilitation). Equivalent facilitation allows departures 
from specific requirements so long as greater or equal access is 
provided. While equivalent facilitation may provide flexibility in the 
use of ADAAG, it does not provide specific guidance in designing 
facilities accessible to children. It is clear from technical inquiries 
to the Access Board that such guidance is needed in the form of design 
guidelines based on children's dimensions and anthropometrics, grasp, 
strength, and stamina.
    This proposed rule does not create an obligation for covered 
entities to construct facilities with elements that are constructed 
according to children's dimensions and anthropometrics. The proposed 
rule is intended only to meet the expressed need for guidelines and 
standards for providing accessibility in buildings and facilities that 
a covered entity constructs according to children's dimensions and 
anthropometrics.
    In 1986, the Access Board issued ``Recommendations for 
Accessibility Guidelines to Serve Physically Handicapped Children in 
Elementary Schools.'' 4 The report included recommended 
modifications or additions to certain sections of the Uniform Federal 
Accessibility Standards (UFAS) based on children's sizes. The 
recommendations were developed to assist states in designing and 
constructing accessible elementary schools. Many states and localities 
have applied the Access Board's 1986 children's recommendations to 
newly constructed schools serving grades one through six.
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    \4\ A print or microfiche copy of the full report may be ordered 
from the National Technical Information Services (NTIS) by writing 
to: NTIS, 5285 Port Royal Road, Springfield, VA 22161, or calling 
(703) 487-4650. The publication number is PB94-204930, and the cost 
for the print copy is $17.20. Free copies of the full report on 
computer disk can be ordered from the Access Board. An executive 
summary of this report is also available at no cost from the Access 
Board.
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    Subsequently, the Access Board sponsored a research project to 
study accessibility requirements for children with disabilities using a 
variety of facilities. The research project, conducted by the Center 
for Accessible Housing (CAH) at North Carolina State University in 
Raleigh, North Carolina, resulted in the development of recommendations 
for children's access in 1992. The research included a review of codes, 
standards and guidelines, ergonomic studies and evaluation literature, 
and post-occupancy evaluations of children's facilities. This research 
was the basis for the CAH recommended accessibility guidelines for 
children's facilities known as ``Recommendations for Accessibility 
Standards for Children's Environments'' (also referred to as the CAH 
``recommendations'' or ``study'' in this notice).5 The CAH study 
focused on facilities serving pre-kindergarten and elementary school-
aged children and, to a lesser extent, facilities serving infants and 
toddlers.
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    \5\ A print or microfiche copy of the report may be ordered from 
NTIS. The publication number is PB93-208676, and the cost for the 
print copy is $52.00. A copy of the study on computer disk can be 
ordered from the Access Board.
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    On February 3, 1993, the Access Board published an advance notice 
of proposed rulemaking (ANPRM) in the Federal Register (58 FR 6924). 
The ANPRM sought comment on general issues, such as the recommended 
scope of these guidelines and the ages or grades that should be 
covered. The ANPRM also requested information on standards and 
guidelines for children's environments currently in use, building 
products and technologies currently available that specifically serve 
children, and elements and features unique to children's environments 
that may merit specific attention. Approximately 75 comments were 
received in response to this notice. Commenters included state and 
local departments of education, groups representing children with 
disabilities, plumbing fixture manufacturers, individuals, and design 
professionals. These comments are further discussed in the section-by-
section analysis that follows. A number of commenters raised 
operational or programmatic issues and recommended that the guidelines 
address adult supervision of children, including the adult-to-child 
ratio, and the provision of personal care and assistance. Under the 
ADA, the Access Board is responsible for issuing accessibility 
guidelines for buildings and facilities. The Department of Justice, not 
the Access Board, has the authority to address programs or services 
provided by an entity covered

[[Page 37966]]

by the ADA. Further, many of the program and service issues raised by 
commenters to the ANPRM are addressed by federal, state and local law 
and regulation.

Section-by-Section Analysis

    This section of the preamble contains a concise summary of the 
additions which the Access Board is proposing to ADAAG, and a summary 
of the Access Board's responses to certain comments received on the 
ANPRM. The text of the proposed common rule follows this section. 
Paragraphs marked with an asterisk have related, non-mandatory material 
in the Appendix.
    Question 1: With the exception of additional handrails required on 
ramps or stairs (15.4), this rule generally proposes to modify, or 
questions whether to modify, current ADAAG provisions when designing 
and constructing children's facilities. Considering that facilities 
covered by this rule are already subject to the scoping and technical 
provisions in current ADAAG, the Access Board and the Department of 
Justice are seeking additional information or data that would assist in 
estimating the costs and benefits of the proposed rule.

15. Children's Facilities

15.1*  Application
    Section 15 applies to those facilities constructed according to 
children's dimensions and anthropometrics. The ANPRM asked whether the 
proposed guidelines for children's facilities should be limited to 
facilities where children are the majority user population served. Most 
commenters responded that the guidelines should apply broadly to 
facilities serving the public, such as libraries, theaters, community 
centers, shopping malls, pools, and gymnasiums. Other commenters, 
however, recommended that the application of the guidelines should be 
limited to those facilities that are specifically designed for use by 
children such as educational and child care facilities.
    Generally, building codes and best practices specify that elements 
and features be provided at heights and locations appropriate for the 
primary user population served. Although children are rarely the sole 
occupants or users of a facility, codes and best practices often 
specify that elements such as drinking fountains, lavatories and toilet 
seats be mounted at heights according to children's size and reach when 
children are the primary users. Where a facility is constructed to 
serve children, section 15 requires that certain elements and features 
be readily accessible to and usable by children with disabilities. 
Therefore, section 15 applies only where facilities, or portions of 
facilities, are constructed according to children's dimensions and 
anthropometrics.
    The phrase ``constructed according to children's dimensions and 
anthropometrics'' means where the construction of a facility reflects 
the size and dimensions, reach ranges, level of strength and stamina, 
and other characteristics of children, thus rendering such a facility 
more usable by children. Facilities constructed that do not reflect 
children's characteristics are not covered by section 15.
    The ANPRM asked what ages or grades should be covered by the 
guidelines. Few comments were received in response to this question. 
With respect to age, the comments received covered a broad spectrum of 
ages from birth to age 21, with a small majority of the comments 
recommending a range of 3 to 13 years of age. Those commenters favoring 
criteria based on grades, recommended application of the guidelines to 
facilities which serve kindergarten through eighth grade. Additionally, 
some commenters stated that pre-schoolers, including toddlers, should 
also be covered. However, the age used to define a kindergartner, 
preschooler or toddler varied among jurisdictions as did age 
requirements for particular grades. These inconsistencies made it 
difficult to base the application of the guidelines on grade 
classification or other commonly used nomenclature.
    The proposed rule is intended to cover facilities which are 
constructed according to children's dimensions and anthropometrics for 
ages 2 through 12. The dimensions and anthropometrics of children aged 
2 and older are reflected in many existing state and local education or 
building design guidelines and recommendations. Those requirements 
specify that certain elements intended for children's use be designed 
and constructed for their use rather than for adult use. With respect 
to schools or portions of schools primarily serving children over 12 
years of age, most states apply design standards based on adult 
dimensions and sizes, rather than children's.
    Section 15.1 also specifies that accessible elements and spaces 
constructed according to children's dimensions and anthropometrics for 
ages 2 through 12 shall be on an accessible route complying with ADAAG 
4.3 (Accessible Route), 15.3 (Protruding Objects) and 15.4 (Handrails 
at Ramps and Stairs). For example, a children's area in a portion of a 
community center may have elements and features constructed primarily 
for children such as storage units, toilets, or lavatories. Objects 
that project from walls along the accessible route are subject to the 
provisions covering protruding objects in section 15.3. Where the 
accessible route serving a covered children's area includes a ramp, 
section 15.4 specifies that a second set of handrails for children must 
be provided. An accessible route complying with this section shall also 
be provided where individual elements are positioned at heights or 
locations based on children's sizes and dimensions, such as a drinking 
fountain in a shopping mall. Additional routes serving the children's 
area are not subject to the requirements in this section. A note has 
been included in the appendix illustrating the requirements of 
accessible routes serving areas and spaces constructed according to 
children's dimensions and anthropometrics.
    Question 2: Should the requirement for an accessible route 
complying with section 15.3 (Protruding Objects) and section 15.4 
(Handrails on Ramps and Stairs) apply where only one element is 
constructed according to children's dimensions and anthropometrics 
(e.g., an accessible drinking fountain at a child's height)? Or, would 
it be more appropriate to limit the application of an accessible route 
complying with section 15.3 (Protruding Objects) and section 15.4 
(Handrails on Ramps and Stairs) to portions of the facility that are 
constructed for children? Commenters should consider Questions 5 
(protruding objects), 22 (accessible route width), 23 (ramp slope), and 
24 (ramp length) when responding.
15.2  Reach Ranges
    This section specifies reach ranges for the mounting heights of 
elements to be accessible to and usable by children. Such elements 
include controls, dispensers, receptacles and other operable equipment 
subject to ADAAG 4.27 (Controls and Operating Mechanisms) and storage 
elements covered by ADAAG 4.25 (Storage) where they are provided for 
use by children. ADAAG currently requires that such elements be 
provided within adult reach ranges specified in ADAAG 4.2 (Space 
Allowance and Reach Range). The reach ranges proposed in section 15.2 
are intended to apply only to those controls and operating mechanisms 
and storage elements that are constructed according to children's 
dimensions and anthropometrics such as student lockers or controls of 
displays in children's

[[Page 37967]]

sections of museums. Elements provided for use by adults rather than 
primarily by children are not covered by this section.
    Section 15.2.1 modifies the reach range requirements of ADAAG 4.2. 
Section 15.2 includes a table that lists three design options: A, B, 
and C. These options specify reach ranges according to three age 
groups: 2 through 4, 5 through 8, and 9 through 12. Section 15.2.2 
requires the application of either A, B, or C. Further, this section 
states that selection of A, B, or C should correspond to the age range 
of the primary user group served. The term ``should'' is used in this 
section to permit discretion where accessible elements may serve more 
than one age group of children or where the age range of children does 
not correspond to the specific age groups listed in the table. 
According to ADAAG 3.4 (General Terminology), the term ``should'' 
denotes an advisory specification or recommendation.
    The table in section 15.2.2 specifies high and low reach ranges for 
children according to age: 36 inches (high) and 20 inches (low) for 
ages 2 through 4, 40 inches (high) and 18 inches (low) for ages 5 
through 8, and 44 inches (high) and 16 inches (low) for ages 9 through 
12. Consistent with the CAH recommendations, the reach ranges proposed 
in this section are the same for both forward and side reach. The reach 
ranges specified in the table to section 15.2.2 are to be applied 
instead of the 15 to 48 inch reach range required by ADAAG 4.2.5 
(Forward Reach), and the 9 to 54 inch reach range specified by ADAAG 
4.2.6 (Side Reach). It should be noted that designing according to the 
specifications in A would also satisfy the requirements in B and C. For 
example, locating certain accessible storage between 20 inches and 36 
inches above the finish floor would be appropriate for A (ages 2 
through 4), B (ages 5 through 8), and C (ages 9 through 12), thus 
making the storage readily accessible to a broad age range of children. 
An accessible element mounted at 44 inches above the finish floor 
however, may only be accessible to children age 9 and older.
    The CAH study recommended a forward and side reach of 20 inches 
minimum and 36 inches maximum for all children. However, since the 
ergonomic data evaluated by CAH did not conclusively justify limiting 
the reach range of children older than 4 years of age to a 20 inch 
minimum and 36 inch maximum, the proposed reach ranges in section 15.2 
may be more reflective of the sizes and anthropometrics of the age 
range of children considered by this rule. Responses to Question 3 
below will aid the Access Board in determining whether to retain the 
table as proposed, amend the table, or to specify the reach ranges 
recommended in the CAH study for all children, in the final rule.
    Question 3: Do the specifications in A, B, and C of the table in 
section 15.2 accurately reflect the reach ranges of children (ages 2 
through 12) with disabilities? If not, what specifications are 
appropriate for children using facilities covered by section 15? Where 
possible, responses should include anthropometric data or related 
information.
    Appropriate reach ranges over obstructions are critical to ensure 
the usability of controls and operating mechanisms mounted above or on 
counters, lavatories and other fixed elements. Current ADAAG 
specifications for forward and side reaches over obstructions are based 
on adult dimensions and anthropometrics. ADAAG 4.2.5 (Fig. 5(b)) 
provides that the maximum forward reach shall be 25 inches deep over an 
obstruction. Since the height of reach is reduced as the depth of an 
obstruction increases, ADAAG lowers the maximum forward reach from 48 
to 44 inches for reaches over an obstruction greater than 20 inches 
deep. ADAAG 4.2.6 (Fig. 6(c)) specifies a maximum side reach of 24 
inches over an obstruction no higher than 34 inches. Similarly, when an 
obstruction is greater than 10 inches in depth, the maximum side reach 
is reduced from 54 to 46 inches. CAH evaluated ergonomic data on the 
depth of reach of children with disabilities but did not provide 
recommendations based on this data. The CAH study did provide a 
recommendation for the placement of lavatory faucets, which is 
discussed further in the analysis of section 15.8.
    Question 4: The Access Board and the Department of Justice request 
information or recommendations on each of the following:
    (a) the maximum horizontal forward reach over an obstruction for 
children ages 2 through 4, 5 through 8, and 9 through 12;
    (b) the maximum height of elements mounted over an obstruction 
(forward reach) for children ages 2 through 4, 5 through 8, and 9 
through 12;
    (c) the maximum horizontal side reach over an obstruction for 
children ages 2 through 4, 5 through 8, and 9 through 12; and
    (d) the maximum height of elements mounted over an obstruction 
(side reach) for children ages 2 through 4, 5 through 8, and 9 through 
12.
    Where possible, commenters should provide anthropometric data or 
related information to support their recommendations and, if known, 
identify impacts on the design or placement of lavatory faucets, 
lockers, and other elements subject to reach requirements. Based on 
comments received, the Access Board may specify maximum forward and 
side reach ranges over an obstruction in the final rule.
    Figures 1 and 2 which are set forth below illustrate the 
information sought in (a) through (d) in Question 4.

BILLING CODE 4410-01-P and 8150-01-P

[[Page 37968]]

[GRAPHIC] [TIFF OMITTED] TP22JY96.001



BILLING CODE 4410-01-C and 8150-01-C
15.3  Protruding Objects
    This section modifies the current technical requirements in ADAAG 
4.4 (Protruding Objects). ADAAG 4.4.1 currently specifies that elements 
mounted on walls, such as phones and light fixtures, shall not project 
more than 4 inches from the wall surface if the leading edge is above 
27 inches from the finish floor. ADAAG 4.4.1 also specifies that free-
standing objects on posts or pylons may overhang 12 inches maximum if 
the leading edge is above 27 inches from the finish floor. The cane 
sweep of an adult with a vision impairment generally encounters objects 
at or below 27 inches. However, a child's stride is shorter, and his or 
her cane sweep is typically narrower and lower. Therefore, a child's 
cane will not contact such objects at a point that provides effective 
warning. According to the CAH recommendations, children using canes can 
detect protruding objects up to 12 inches from the ground or floor 
surface. This section reduces the 27 inch height specified by ADAAG 
4.4.1 to 12 inches.
    Under current ADAAG, elements projecting more than 4 inches such as 
drinking fountains and telephones may be mounted at heights or with 
side partitions so that the leading edge is at or below 27 inches. 
Section 15.3 would require that these elements be mounted or have side 
partitions so that the leading edge is no more than 12 inches from the 
floor. In order to meet this

[[Page 37969]]

requirement, drinking fountains and other elements which require knee 
clearance may have to be located in alcoves or be protected by walls, 
partitions, or other features.
    Question 5: What are the new construction costs associated with 
providing walls, partitions, or alcoves for drinking fountains and 
other elements that require knee clearance yet must also be within the 
12 inch height for effective detection by cane sweep?
15.4  Handrails at Ramps and Stairs
    This section addresses handrails on ramps and stairs on the 
accessible route serving children's areas covered by section 15. Unlike 
most of the provisions proposed in this rule, this section both 
modifies current ADAAG specifications and requires an additional 
accessible feature. Under section 15.4.1, ramps subject to ADAAG 4.8 
(Ramps) and stairs subject to ADAAG 4.9 (Stairs) that serve elements 
and spaces constructed according to children's dimensions and 
anthropometrics are required to provide a second set of handrails at a 
lower height and with a smaller diameter for children. These handrails 
are to be provided in addition to the higher handrail required by 
current ADAAG. The lower handrails for children are subject to current 
specifications for ramp handrails (ADAAG 4.8.5) or stair handrails 
(ADAAG 4.9.4), including requirements for a continuous gripping 
surface, 12 inch extensions beyond the top and bottom of ramps or 
stairs, clear space between handrails and walls of 1\1/2\ inches, 
rounded or returned ends, and the level of structural strength 
specified in ADAAG 4.26.3.
    The second set of handrails required by this section is subject to 
mounting height and diameter requirements that are different from those 
currently in ADAAG. Section 15.4.2 requires the gripping surface of 
this handrail to be mounted between 20 to 28 inches above the ramp 
surface or stair nosing. Under current ADAAG, a handrail mounted at 34 
to 38 inches must also be provided. Section 15.4.3 specifies that the 
gripping surface of the lower handrail shall have a diameter of 1 to 
1\1/4\ inches or provide an equivalent gripping surface. Current ADAAG 
(4.26.2) requires a diameter of 1\1/4\ to 1\1/2\ inches. The handrail 
requirements for section 15 are based on the CAH recommendations and 
are similar to requirements or recommendations in California, Illinois, 
Michigan, Texas, and Florida.
    Consistent with ADAAG, the lower handrail is required to have a 
continuous gripping surface. Where handrails at the adult height are 
mounted on top of vertical posts, lower handrails required for children 
may have to be mounted aside or off-set from such posts so that the 
gripping surface of the lower handrail is not interrupted. Handrails, 
including lower handrails off-set from vertical supports, may not 
reduce the minimum 36 inch clear width required for ramps.
    Question 6: The clear space between the upper handrail required by 
current ADAAG and the lower handrail proposed in section 15.3 may range 
from 16\3/4\ to 4\1/2\ inches. Does this range of vertical distance 
between handrails pose any hazard of entrapment? If so, what vertical 
distance is narrow enough or is wide enough to prevent entrapment?
    Question 7: Is the clear space between the upper and lower 
handrails of 4\1/2\ inches sufficient for children to grasp the lower 
handrail? If not, what should be the minimum vertical distance between 
the upper and lower handrails when one is mounted directly above the 
other?
    Question 8: Section 15.4.3 specifies a handrail diameter of 1 to 
1\1/4\ inches instead of the 1\1/4\ to 1\1/2\ inches required by 
current ADAAG. Steel pipe is often used for handrails on ramps and 
stairs. In the building industry, pipe size typically refers to the 
inside diameter so that a 1\1/2\ inch pipe handrail may have an outside 
diameter close to 2 inches. Under this industry practice, certain 
handrails specified at 1\1/4\ inches may have an outside diameters up 
to 1\5/8\ inches or greater depending on the specifications of the pipe 
provided. Is a handrail diameter greater than 1\5/8\ inches usable by 
children with disabilities? Should the guidelines specify a maximum 
outside diameter of handrails used by children?
15.5  Drinking Fountains and Water Coolers
    This section modifies technical requirements for accessible 
drinking fountains and water coolers in ADAAG 4.15 (Drinking Fountains 
and Water Coolers). Section 15.5 does not increase the number of 
accessible drinking fountains or water coolers currently required by 
ADAAG. Section 15.5.1 requires that drinking fountains and water 
coolers comply with ADAAG 4.15 except for the requirements for spout 
height (4.15.2) and clearances (4.15.5), which are modified by this 
section.
    Section 15.5.2 specifies a maximum spout height of 30 inches 
measured from the floor to the spout outlet instead of the 36 inch 
maximum specified by current ADAAG. Since children are smaller and 
wheelchairs manufactured for children may have seat heights that are 
approximately 1 to 2 inches lower than seat heights on adult 
wheelchairs, spout heights must be lower than 36 inches above the 
floor. The 30 inch spout outlet height is based on the CAH 
recommendations.
    Section 15.5.3 requires that clear knee space be at least 24 inches 
high measured from the floor to the underside of the drinking fountain 
and at least 8 inches deep measured from the leading edge of the 
drinking fountain. The 24 inch height is based in part on the lower 
height typical of children's wheelchairs and is consistent with the CAH 
recommendations. A toe clearance at least 12 inches high, measured from 
the floor, is also required. According to the CAH study, this higher 
toe clearance is necessary for children since their legs are shorter, 
resulting in wheelchair footrests that are typically mounted higher 
than on adult wheelchairs. The drinking fountain may overlap the clear 
floor space no more than 14 inches. This modifies ADAAG 4.15.5, which 
requires a 27 inch high minimum knee space, a 9 inch high minimum toe 
space, and permits the fountain to overlap the clear floor space 17 to 
19 inches.
    Question 9: Are drinking fountains currently available that meet 
the proposed requirements for a maximum 30 inch spout height, a minimum 
24 inch knee clearance, and a minimum 12 inch toe space height when 
properly mounted? If not, what are the design or product specifications 
that conflict with these proposed requirements, and are there design 
solutions which would provide the necessary knee space and spout outlet 
height for children? What are the costs of such recommended solutions?
15.6*  Water Closets, Toilet Seats, Grab Bars, and Toilet Paper 
Dispensers
    This section proposes technical specifications for water closets 
for children. It does not increase the number of water closets required 
to be accessible within toilet rooms and does not modify the 
requirement in ADAAG 4.22.4 that accessible toilet rooms have at least 
one accessible water closet. This section provides technical 
requirements based on children's dimensions to be used instead of the 
current provisions in ADAAG 4.16 (Water Closets), which are based on 
adult dimensions. Under section 15.1, toilet rooms required to be 
accessible by current ADAAG 4.1.3, which are constructed according to 
children's dimensions and anthropometrics, would be required to have at 
least one water closet complying

[[Page 37970]]

with ADAAG 4.16 as modified by this section.
    The specifications proposed in section 15.6 modify ADAAG 4.16 
provisions covering water closet centerline (4.16.2), toilet seat 
height (4.16.3), grab bars (4.16.4), toilet paper dispensers (4.16.6), 
and flush controls (4.16.5). The CAH recommendations, upon which these 
proposed specifications are based, note that the requirements 
appropriate for water closets vary according to grade or age. Section 
15.6 includes a table that lists three options, A, B, and C, which 
provide specifications for mounting locations of water closets, toilet 
seats, grab bars, and toilet paper dispensers. A, B, and C correspond 
to three age groups of children: 2 through 4, 5 through 8, and 9 
through 12, respectively. Section 15.6.2 requires the application of 
either A, B, or C. Further, this section states that selection of A, B, 
or C should correspond to the age range of the primary user group 
served by the toilet room. The term ``should'' is used in this section 
to permit discretion where toilet rooms may serve more than one age 
group of children, or where the age range of children does not 
correspond to the specific age groups listed in the table. ADAAG 3.4 
(General Terminology) states that the term ``shall'' denotes a 
mandatory specification or requirement. The term ``should'' denotes an 
advisory specification or recommendation. The application of A, B, or C 
is further discussed in an appendix note.
    Some of the technical specifications in A, B, and C of the table 
overlap. Thus, the application of specifications similar to both A and 
B, or B and C, may facilitate access for more than one age group. For 
example, a water closet with a centerline at 12 inches, a toilet seat 
at 12 inches, grab bars at 20 inches, and a toilet paper dispenser at 
14 inches above the finish floor may be appropriate for A (ages 2 
through 4) and B (ages 5 through 8). Similarly, a water closet with a 
centerline at 15 inches, a toilet seat at 15 inches, grab bars at 25 
inches, and a toilet paper dispenser at 17 inches above the finish 
floor may be appropriate for B (ages 5 through 8) and C (ages 9 through 
12). This section does not require the provision of multiple accessible 
fixtures in toilet rooms serving more than one age group. An appendix 
note to this section illustrates these examples.
    Question 10: Some of the specifications in the table in 15.6.2 
allow for overlap in two of the age groups, but do not provide 
measurements that would meet the needs of all three age groups. Are 
there alternative specifications available which would provide 
measurements that would be appropriate for all three age groups? Where 
possible, comments should provide a rationale with supporting data.
    The table in section 15.6.2 specifies the centerline of water 
closets from one side wall or stall partition according to the age 
group the water closet is intended to serve: 12 inches for ages 2 
through 4, 12 to 15 inches for ages 5 through 8, and 15 to 18 inches 
for ages 9 through 12. The proximity of water closets to grab bars 
mounted on walls or partitions is critical for safe transfer to and 
from mobility aids. These specifications are generally consistent with 
the CAH recommendations and recognize that children's reach ranges are 
generally shorter than those of adults. Section 15.6.2 modifies ADAAG 
4.16.2, which specifies a centerline measurement of 18 inches absolute.
    Section 15.6.2 also notes that the centerline requirements in this 
section do not apply to water closets in the 36 inch wide alternate 
stall permitted in alterations by ADAAG 4.1.6(3)(e)(ii). The 48 inch 
wide alternate stall is subject to the centerline locations in 15.6.2 
because such stalls do permit side transfer. The use of alternate 
stalls is permitted in alterations only where it is technically 
infeasible to provide a standard stall or where codes prohibit the 
reduction of the number of water closets.
    The table in section 15.6.2 provides toilet seat heights according 
to the age group the water closet is intended to serve: 11 to 12 inches 
for ages 2 through 4, 12 to 15 inches for ages 5 through 8, and 15 to 
17 inches for ages 9 through 12. According to the CAH study, toilet 
seats should be lower for younger children, including those with 
disabilities, so that their feet reach the floor in order to provide 
stability and greater usability. The CAH study further indicates that 
young children with mobility impairments are typically assisted in 
toileting. Therefore, for young children, maintaining a toilet seat 
height that is closer to the seat height of mobility aids is less 
critical. For older age groups the toilet seat height is increased to 
be in closer proximity to the seat height of wheelchairs and other 
mobility aids in order to facilitate independent transfers. The 
specifications for toilet seat height in section 15.6.2 are to be used 
instead of the 17 to 19 inches required by ADAAG 4.16.3.
    Section 15.6.2 requires grab bars serving water closets to be 
mounted accordingly for the following age groups: 18 to 20 inches for 
ages 2 through 4, 20 to 25 inches for ages 5 through 8, and 25 to 27 
inches for ages 9 through 12. These grab bar heights are based on the 
CAH recommendations and are to be applied instead of the 33 to 36 inch 
height required by ADAAG 4.16.4 and Fig. 29.
    Rear grab bars mounted 18 to 27 inches above the floor cannot be 
provided where tank-type water closets are used because the top of the 
tank is usually above the grab bar mounting location. This is generally 
not a problem in adult facilities where grab bars are mounted above 
conventional tanks.
    Question 11: Are tank-type water closets commonly provided in 
children's facilities? If so, what is the difference in cost between 
water closets with tanks and those without tanks? Where possible, 
responses should include per unit cost and installation costs of the 
two types of water closets.
    Question 12: Do the grab bar heights specified in the table in 
section 15.6.2 conflict with building or plumbing code requirements for 
flush control location, size, and height? If so, what accessible design 
alternatives could avoid such conflicts and what are the costs 
associated with such alternatives?
    Section 15.6.3 specifies that the grab bar gripping surface have a 
diameter of 1 to 1\1/4\ inches or provide an equivalent gripping 
surface, consistent with the CAH recommendations. Current ADAAG 
requires a diameter of 1\1/4\ to 1\1/2\ inches. Grab bars covered by 
this section, which are also subject to requirements of ADAAG 4.16, 
must meet the requirements of ADAAG 4.26 (Handrails, Grab Bars, and Tub 
and Shower Seats), including requirements for spacing from the wall of 
1\1/2\ inches (4.26.2), structural strength (4.26.3), and surface 
(4.26.4). ADAAG 4.26.4 requires grab bars to be free of any sharp or 
abrasive surfaces. Some building codes require grab bars to have 
textured surfaces (knurled, peened or anti-slip) to prevent hands from 
slipping during use.
    Question 13: Should a requirement be included for textured grab 
bars serving children? What types of texturing are most effective in 
preventing slippage and improving grip that are not sharp or abrasive? 
The Access Board may consider including such a requirement in the final 
rule.
    The table in section 15.6.2 provides mounting heights for toilet 
paper dispensers according to the following age groups: 14 inches for 
ages 2 through 4, 14 to 17 inches for ages 5 through 8, and 17 to 19 
inches for ages 9 through 12. This modifies ADAAG 4.16.6 and Fig. 
29(b), which specifies a height of 19 inches.

[[Page 37971]]

    Section 15.6.4 requires that flush controls be mounted within the 
reach ranges for children specified in section 15.2 (20 to 36 inches 
for ages 2 through 4, 18 to 40 inches for ages 5 through 8, and 16 to 
44 inches for ages 9 through 12) instead of at 44 inches or below as 
required by ADAAG 4.16.5.
    Question 14: Do the proposed heights for flush controls conflict 
with any plumbing codes, industry practices, or design practices? If 
so, responses should identify and describe the specific code or 
practice conflict.
15.7  Toilet Stalls
    This section contains specifications for toilet stalls provided in 
toilet rooms constructed according to children's dimensions and 
anthropometrics. This section does not increase the minimum number of 
accessible toilet stalls required by ADAAG 4.22.4. Section 15.7 
modifies requirements in ADAAG 4.17 (Toilet Stalls) for water closets 
(4.17.2), stall size (4.17.3), toe clearance (4.17.4), and grab bars 
(4.17.6). Under section 15.7.1, toilet stalls required to be accessible 
by ADAAG 4.22.4 shall comply with ADAAG 4.17, except as modified by 
section 15.7.
    Section 15.7.2 requires water closets in accessible stalls to 
comply with section 15.6. The water closet centerline specifications in 
section 15.6.2 are appropriate only for stalls wide enough to allow 
side transfers. See section 15.6.2.
    Section 15.7.3 requires standard stalls to have a minimum stall 
depth of 59 inches where toilets are wall- or floor-mounted. This 
modifies ADAAG 4.17.3 (Fig. 30(a)), which also requires a minimum depth 
of 59 inches for stalls with floor-mounted water closets but specifies 
a minimum depth of 56 inches for stalls with wall-mounted water 
closets. Section 15.7.3 increases the minimum depth because wall-
mounted water closets serving children may not provide adequate toe 
clearance. Wall-mounted water closets with adult seat heights of 17 to 
19 inches typically provide toe clearance beneath the water closet for 
adults. As water closets designed to serve young children are lower 
than adult water closets and as children's footrests are generally 
higher than adults, toe clearance is not available beneath wall-mounted 
water closets serving children.
    Similarly, in the case of standard stalls located at the end of the 
row, section 15.7.3 specifies a depth of 59 inches in addition to the 
minimum 36 inches required for the stall door and for the 90 degree 
turn. This modifies ADAAG 4.17.3 (Fig. 30(a-1)), which requires the 
same minimum depth for stalls with floor-mounted water closets but 
specifies a minimum depth of 56 inches for stalls with wall-mounted 
water closets.
    Section 15.7.3 also specifies that when alterations are made, 
alternate stalls with wall- or floor-mounted water closets have a 
minimum depth of 69 inches. This modifies ADAAG 4.17.3 (Fig. 30(b)), 
which requires the same depth for stalls with floor-mounted water 
closets but specifies a minimum depth of 66 inches for alternate stalls 
with wall-mounted water closets. ADAAG 4.17.3 includes an exception 
permitting use of alternate stalls in lieu of the standard 60 inch wide 
stall in alterations where it is technically infeasible to provide a 
standard stall.
    Question 15: What is the cost impact of requiring stalls with wall-
mounted water closets to be at least 59 inches deep?
    Section 15.7.4 specifies that the front partition and one side 
partition of standard stalls of minimum dimension provide a toe 
clearance of 12 inches minimum. This modifies ADAAG 4.17.4, which 
requires a toe clearance of 9 inches minimum. According to the CAH 
study, this higher toe clearance is necessary for children since their 
legs are shorter, resulting in footrests that are typically mounted 
higher than on adult wheelchairs.
    Question 16: Section 15.7.4, consistent with current ADAAG, 
requires toe clearance beneath partitions only where the stall depth is 
60 inches or less. The CAH study did not consider whether toe clearance 
is necessary in stalls more than 60 inches deep, including end- of-row 
standard stalls and alternate stalls. Is a 12 inch toe clearance 
beneath partitions needed for children's maneuvering in stalls more 
than 60 inches deep? The Access Board may include such a requirement in 
the final rule.
    Question 17: While the CAH study recommended that toe clearance 
beneath partitions be at least 12 inches high, it also recommended, as 
proposed in section 15.6.2, that toilets serving young children (i.e., 
ages 2 through 4) have a seat height of 11 to 12 inches. The CAH 
recommendations do not address privacy considerations concerning 
clearances beneath partitions that are as high or higher than the 
toilet seat height. Does this toe clearance requirement and toilet seat 
height compromise privacy? What design solutions are available that 
provide the 12 inch toe clearance while maintaining the privacy of 
stall users? Should a wider width of stalls be specified in the final 
rule as an alternative to the provision of toe clearance beneath 
partitions? If so, what should this wider stall width be? Where 
possible, commenters should include any information on the cost impact 
of their recommendation.
    Section 15.7.5 requires that grab bars be mounted as specified in 
section 15.6.2. This modifies the height requirements in ADAAG 4.17.6, 
but does not change the length and configuration requirements shown in 
Fig. 30. Section 15.7.5 also specifies that the gripping surface have a 
diameter of 1 to 1\1/4\ inches or provide an equivalent gripping 
surface, consistent with CAH recommendations. Current ADAAG (4.26.2) 
requires grab bars to have a diameter of 1\1/4\ to 1\1/2\ inches. Grab 
bars subject to ADAAG 4.17 must meet ADAAG 4.26 (Handrails, Grab Bars, 
and Tub and Shower Seats), including requirements for spacing from the 
wall of 1-\1/2\ inches (4.26.2), structural strength (4.26.3), and 
surface (4.26.4). See section 15.6.2 for discussion and questions on 
grab bars at water closets.
15.8  Lavatories and Mirrors
    This section provides specifications for accessible lavatories and 
mirrors and modifies requirements in ADAAG 4.19 (Lavatories and 
Mirrors) for lavatory height and clearances (4.19.2), clear floor space 
(4.19.3), and mirror height (4.19.6). In toilet rooms, bathrooms, 
bathing facilities, and shower rooms constructed according to 
children's dimensions and anthropometrics, section 15.8.1 provides that 
at least one lavatory and mirror be accessible to children with 
disabilities. This does not increase the number of lavatories or 
mirrors required to be accessible by current ADAAG 4.22 (Toilet Rooms) 
or ADAAG 4.23 (Bathrooms, Bathing Facilities, and Shower Rooms).
    Section 15.8.2 specifies a lavatory rim no higher than 30 inches 
above the floor and a minimum clearance 27 inches high from the floor 
to the underside of the apron. These specifications, like those for 
drinking fountains, are based on children's dimensions and CAH 
recommendations. This section modifies ADAAG 4.19.2, which requires a 
maximum rim height of 34 inches and a minimum clearance of 29 inches. 
One comment to the ANPRM from a local school system stated that 
lavatories for children without disabilities ages 2 through 5 are 
mounted no higher than 24 inches. Some state requirements for 
educational or child care facilities specify standard mounting heights 
of 24 to 26 inches for lavatories serving young children. Thus, a 30 
inch maximum height may conflict with such requirements and may be too 
high to be usable by children using crutches and

[[Page 37972]]

by children without disabilities. In contrast, an accessible lavatory 
mounted at adult height (e.g., 34 inches maximum) is generally usable 
by all adults, including those with disabilities. Where a children's 
toilet room has only one lavatory constructed according to children's 
dimensions and anthropometrics, this rule specifies the lavatory to be 
accessible to children with disabilities.
    Section 15.8.2 also requires that the clear knee space beyond the 
leading edge of the apron be at least 24 inches high measured from the 
floor and at least 8 inches deep measured from the leading edge. Toe 
clearance at least 12 inches high measured from the floor is also 
required. According to the CAH study, this higher toe clearance is 
necessary for children since their legs are shorter, resulting in 
wheelchair footrests that are typically mounted higher than on adult 
wheelchairs. The CAH study recommended these clearances to enable 
children using wheelchairs to approach lavatories and reach the bowl 
and faucets. This section modifies ADAAG 4.19.2 and Fig. 31, which 
specify knee clearance at least 27 inches high and toe clearance at 
least 9 inches high.
    Question 18: Are lavatories currently available that meet the 
proposed requirements for rim height and knee and toe clearances when 
properly mounted? If not, what are the design or product specifications 
that conflict with these proposed requirements? What products or design 
solutions are available for providing lavatories with 24 inch knee 
clearance and a 30 inch rim height that are also usable by all 
children, including those with disabilities? Where possible, responses 
should include cost estimates for these products or design solutions.
    Section 15.8.3 specifies that the required clear floor space may 
extend no more than 14 inches beneath the lavatory. The CAH 
recommendations, consistent with Florida's recommended ``Building 
Standards for Educational Facilities for Handicapped Children'' 
(Florida Department of Education, 1988) (the ``Florida recommended 
standards''), (section 8.5.2.3 (Fig. 8.9)), specify a maximum overlap 
of 12 inches. The 14 inch maximum proposed in this provision, however, 
is consistent with current ADAAG requirements for knee clearance at 
least 8 inches deep and toe clearance no more than 6 inches deep. This 
modifies ADAAG 4.19.3, which allows a maximum overlap of 19 inches.
    In its evaluation of children's facilities, CAH observed that many 
children using wheelchairs positioned themselves aside, and sometimes 
between, lavatories in order to reach faucet controls. This was 
observed at lavatories of various heights where controls were mounted 
at the back of the bowl. The CAH study recommended that faucets be 
located within 14 inches of the front edge of the lavatory. The Florida 
recommended standards (section 8.5.4 (Fig. 8.10)) permit location of 
controls at the front of the lavatory or aside the bowl. The Texas 
State Building Code (section 2.1.1, Texas Accessibility Standards, 
April 1, 1994) requires that faucets be located no more than 18 inches 
from the front edge of lavatories serving children ages 4 through 10 or 
11.
    Question 19: The final rule may specify that faucets be located no 
more than 14 inches from the front edge of lavatories. Is this distance 
appropriate or should an alternative distance or location (i.e., aside 
or in front of bowls) be specified? Where possible, recommendations for 
alternative distances or locations should include rationale and other 
supporting data, as well as identification of any potential conflicts 
with plumbing codes. Commenters should consider Question 4 (reach over 
obstruction) when responding. Information is sought on design 
alternatives and new technologies, such as automatic sensors, that 
facilitate use of faucets by children.
    Section 15.8.4 provides that the bottom edge of mirrors at 
accessible lavatories be mounted no higher than 34 inches above the 
floor. ADAAG 4.19.6 currently provides that mirrors at lavatories 
accessible to adults have their bottom edge no higher than 40 inches. 
The CAH study noted that mirrors mounted above lavatories are too high 
for many children to use and recommended providing a full-length mirror 
in children's toilet rooms, which are commonly provided in elementary 
school toilet rooms. The current appendix to ADAAG 4.19.6 notes that 
full-length mirrors provide more convenient access than mirrors mounted 
above lavatories. A 30 by 48 inch clear floor space should be provided 
in front of these mirrors outside the door swing.
    Question 20: Should full-length mirrors and clear floor space be 
required in children's toilet rooms? Where possible, responses should 
include information on the cost and space impact. The final rule may 
include such a requirement.
15.9  Storage
    This section covers fixed and built-in storage facilities 
constructed according to children's dimensions and anthropometrics. 
ADAAG 4.1.3(12) requires at least one of each type of storage space or 
element to be accessible. Section 15.9.1 requires that these spaces and 
elements comply with ADAAG 4.25 (Storage), as modified by section 
15.9.2.
    Section 15.9.2 requires that storage facilities be within the reach 
range specified in section 15.2 for front or side reaches. This applies 
to such storage spaces as lockers, cabinets, shelves, closets, and 
drawers, and to such storage elements, as clothes rods, shelving, and 
hooks. This modifies ADAAG 4.25.3, which specifies a range of 15 to 48 
inches for front reach and 9 to 54 inches for side reach.
15.10  Fixed or Built-in Seating and Tables
    This section addresses fixed and built-in seating and tables 
constructed according to children's dimensions and anthropometrics. 
ADAAG 4.1.3(18) requires five percent of built-in seating or tables to 
be accessible. Section 15.10.1 requires compliance with ADAAG 4.32 
(Fixed and Built-in Seating and Tables), as modified by this section.
    Section 15.10.2 specifies that fixed tables shall not overlap the 
required 30 by 48 inch clear floor space by more than 14 inches. This 
is consistent with requirements for clear floor space at lavatories in 
section 15.8. ADAAG 4.32.2 currently allows an overlap of 19 inches.
    Section 15.10.3 requires knee clearance at least 24 inches high, 30 
inches wide, and 14 inches deep. This modifies ADAAG 4.32.3, which 
requires knee clearance at least 27 inches high, 30 inches wide, and 19 
inches deep. Section 15.10.4 requires the tops of accessible tables and 
counters to be 26 to 30 inches high, measured from the floor. This 
differs from ADAAG 4.32.4, which specifies a range of 28 to 34 inches 
for this height. The specifications proposed in section 15.10 are based 
on the CAH recommendations.

Other Issues

    In the course of the development of this proposed rule, questions 
have been raised about the effect of other current ADAAG requirements 
on accessibility for children with disabilities. These issues are 
discussed below.
    There is no known data available to enable the Access Board and the 
Department of Justice to determine whether additional regulations in 
this area are necessary or appropriate. Therefore, the agencies have 
not included specific regulatory requirements on these issues in this 
proposed rule. The Access Board and the Department of Justice raise 
these

[[Page 37973]]

questions now in an effort to determine if there is sufficient data 
available to support future regulatory requirements.

Clear Floor and Knee Clearance: Width

    ADAAG 4.2 (Space Allowance and Reach Ranges) specifies that clear 
floor or ground space 30 inches wide and 48 inches long is the minimum 
necessary to accommodate a single, stationary wheelchair occupied by an 
adult. This clear floor space is required at drinking fountains, 
lavatories, sinks, built-in tables, and telephones. Consistent with 
this requirement, ADAAG also requires knee space at least 30 inches 
wide beneath such elements. The CAH recommendations, as well as the 
Florida recommended standards (section 9.2.2 (Fig. 9.5)), specify that 
the clear floor space and knee clearance be at least 36 inches wide in 
children's facilities. According to the CAH recommendations, the upper 
body strength and maneuvering skills of children are not as developed 
as those of adults, therefore children require more space to approach 
and position themselves at elements. Increasing the width of the clear 
floor space may require additional space between adjacent elements such 
as drinking fountains, telephones, and lavatories, or wider alcoves in 
which such elements are mounted.
    Question 21: Should the minimum width of clear floor space and knee 
clearance be increased to 36 inches, or some other recommended 
alternative, in facilities constructed according to children's 
dimensions and anthropometrics? Where possible, responses should 
include information on the cost impact in new construction of 
increasing this width to 36 inches or recommended alternatives.

Accessible Route: Minimum Width

    ADAAG 4.3 (Accessible Route) requires that the width of accessible 
routes shall be 36 inches minimum. The CAH study recommended that 
accessible routes in children's facilities be at least 44 inches wide. 
In its evaluation of children's facilities, CAH observed children 
straying or diverging from a direct line of travel in traversing halls 
and corridors and approaching elements and fixtures. The CAH study 
attributed this to children's level of strength, stamina, and dexterity 
in the use of mobility aids. Most state building codes do not contain 
requirements that specifically address accessible routes for children. 
However, the Florida recommended standards (section 3.3.3) specify a 
minimum width of 44 inches for interior accessible routes. The Access 
Board is considering a similar requirement. State building and life 
safety codes typically require hallways or corridors to be wider than 
44 inches for purposes of egress. Therefore, a requirement for a 44 
inch wide route may have little cost and space impact in hallways or 
corridors. Routes off hallways or corridors in classrooms, libraries, 
toilet rooms, and other spaces would be affected by such a requirement. 
This includes routes to accessible study carrels and between library 
stacks. Increasing the minimum accessible route width would impact 
current ADAAG requirements for widths at turns around obstructions 
(4.3.3, Fig. 7(a)), passing space (4.3.4), curb ramps (4.7.3), and 
ramps (4.8.3).
    Question 22: Should the minimum width of an accessible route be 
increased from 36 inches to 44 inches? Where possible, responses should 
provide a rationale with any supporting data, and information on the 
cost impact of an accessible route wider than 36 inches in new 
construction. See Question 2 (accessible route).

Ramps: Slope and Rise

    ADAAG 4.8 (Ramps) requires that the least possible slope be used on 
any ramp, and that the maximum slope not exceed 1:12 in new 
construction. The CAH recommendations and commenters to the ANPRM 
considered the 1:12 slope too steep for children and recommended 
maximum slopes of 1:16 or 1:20 to take into account the differences in 
strength and stamina between children and adults. The Access Board is 
currently conducting a research project on ramp slope. Children will be 
included in the test sample. The Access Board anticipates that this 
research will be completed prior to the issuance of a final rule on 
children's facilities and that the results may be incorporated in this 
section.
    Question 23: What should the maximum slope be for ramps used by 
children? Where possible, commenters should provide data to support 
their recommendations and information on the cost impact of their 
recommendations in new construction. See Question 2 (accessible route).
    The usability of a ramp generally depends both on its slope and 
length of run. ADAAG 4.8.2 specifies a maximum length of run of 30 feet 
for ramps steeper than 1:16 and a maximum length of run of 40 feet for 
ramps with slopes 1:16 to 1:20. The CAH study recommended a maximum 
length of run of 20 feet for ramps in children's facilities since 
children generally do not have the strength to negotiate longer ramps. 
A 20 foot maximum length of run for ramps with slopes of either 1:16 or 
1:20, as recommended by the CAH study, will limit the rise to 
approximately 9\5/8\ and 12 inches, respectively. The ramp research 
which the Access Board is conducting will study and make 
recommendations on ramp length.
    Question 24: Should the maximum length of run for ramps in 
facilities constructed according to children's dimensions and 
anthropometrics be reduced to 20 feet? Where possible, responses should 
include rationale with supporting data and information on the cost 
impact in new construction. See Question 2 (accessible route).

Door Hardware

    The CAH study recommended that door hardware be mounted 30 to 34 
inches from the floor. ADAAG 4.13 (Doors) specifies that door hardware 
be mounted no higher than 48 inches, which is generally consistent with 
most building codes. According to conventional design practice, door 
hardware is typically mounted at 36 inches above the floor.
    Question 25: Doors in facilities constructed according to 
children's dimensions and anthropometrics are also used by adults. Is 
door hardware mounted between 30 to 34 inches above the floor usable by 
adults?

Urinals

    The CAH study recommended that urinal rims be 14 inches high 
maximum and that flush controls be 30 inches high maximum above the 
floor, instead of the 17 inch rim height and the 44 inch flush control 
height required by ADAAG 4.18 (Urinals). In response to the ANPRM, a 
national manufacturer of plumbing fixtures commented that the 30 inch 
height for flush controls is not feasible since the average urinal is 
27 inches high, and further commented that national plumbing codes 
require the flush valve handle to be at least 8\1/2\ inches above the 
urinal, resulting in a flush control height of at least 38 to 40 
inches.
    Question 26: Are there products or design solutions currently 
available that meet both applicable codes and the CAH recommended 
specifications, including the 30 inch maximum height for flush 
controls? Where possible, responses should identify any cost increases 
associated with designing or installing urinals to meet the CAH 
recommendations and applicable plumbing codes.

Sinks

    Sinks provided in spaces for children may serve different purposes 
and users. In schools for example, some sinks may serve as a wash 
station for children,

[[Page 37974]]

while others may serve as part of a work station for instructors. 
Often, one sink is provided for both purposes. The CAH recommendations 
included requirements for sinks accessible to children. Similar to the 
provisions for lavatories, the CAH study recommended that sinks have a 
rim no higher than 30 inches above the floor, knee clearance at least 
24 inches high, and that the faucet and faucet controls be located 
within 14 inches of the front edge of the sink. Under these 
recommendations, sink bowls could be no more than 5\1/2\ inches deep. 
These recommendations modify ADAAG 4.24 (Sinks), which specifies a 34 
inch maximum sink height and 27 inch minimum knee clearance. Standard 
mounting heights for sinks serving young children may be 24 to 26 
inches, according to some state requirements for educational 
facilities. Thus, a 30 inch maximum height may conflict with such 
requirements and be too high for young children.
    Question 27: What product or design solutions are available for 
providing sinks with 24 inch knee clearance and a 30 inch rim height 
that are also usable by young children who are ambulatory? Where 
possible, responses should include cost estimates for these products or 
design solutions.

Signage

    The CAH study recommended that tactile signage be mounted at a 
height of 48 inches, while the Florida recommended standards (section 
3.20.5 (Fig. 3.31)) specify a maximum height of 42 inches. ADAAG 4.30 
(Signage) requires raised and Brailled signage to be mounted 60 inches 
above the finish floor.
    Question 28: Are signs primarily used by children in children's 
facilities? If so, how should the guidelines accommodate adults? Is a 
specific height of either 48 inches or 42 inches appropriate for 
signage provided for children? Are there other heights which would be 
more appropriate?

Wheelchair Seat Heights

    The type, size, and specifications of wheelchairs vary widely and, 
as with any consumer product, individuals may have a number of reasons 
for using one type or model rather than another. The CAH 
recommendations, as well as available product information on 
wheelchairs, suggest that the average seat height on child-sized 
wheelchairs may range from 1 to 2 inches lower than the average seat 
height on adult-sized wheelchairs. The proposed requirements in this 
rule for the minimum knee clearance height and maximum height of such 
accessible elements as drinking fountain spout outlets, fixed tables, 
and lavatories are based on the size and stature of children, as well 
as the average seat height of child-sized wheelchairs.
    Question 29: What is the average age where children begin to use 
adult-sized wheelchairs?

Regulatory Process Matters

Executive Order 12866

    The Office of Management and Budget has reviewed this proposed rule 
as a ``significant regulatory action'' under Executive Order 12866, 
section 3(f)(4). Facilities covered by this rule are already subject to 
the scoping and technical provisions in current ADAAG. Therefore, with 
the exception of additional handrails required on covered ramps or 
stairs, this rule does not add new requirements. Rather, it generally 
proposes to modify, or questions whether to modify, current ADAAG 
provisions when constructing facilities according to children's 
dimensions and anthropometrics. The Access Board and the Department of 
Justice have determined that the costs associated with the application 
of the proposed requirements will have a minimal cost impact on new or 
altered facilities constructed according to children's dimensions and 
anthropometrics; and therefore a cost-benefit analysis is not required 
under Executive Order 12866, section 6(a)(3)(C). However, the agencies 
have requested additional cost information in this proposed rule and, 
upon receipt of that information, will reevaluate whether a cost-
benefit analysis is required for the final rule.

Regulatory Flexibility Act Analysis

    Under the Regulatory Flexibility Act, the publication of a rule 
requires the preparation of a regulatory flexibility analysis if such 
rule could have a significant economic impact on a substantial number 
of small entities. For the reasons discussed above, the Access Board 
and the Department of Justice have determined independently that this 
proposed rule is not expected to have a significant economic impact on 
a substantial number of small entities. Accordingly, a regulatory 
flexibility analysis is not required.

Federalism Assessment

    The Access Board and the Department of Justice also have determined 
independently that this rule will not have sufficient federalism 
implications to require a federalism assessment under Executive Order 
12612.

Enhancing the Intergovernmental Partnership

    Executive Order 12875, Enhancing the Intergovernmental Partnership, 
encourages Federal agencies to consult with state and local governments 
affected by the implementation of legislation. Prior to the issuance of 
this NPRM, the Access Board issued an ANPRM on February 3, 1993. (See 
58 FR 6924.) The ANPRM sought comment on general issues and also 
requested information on standards and guidelines for children's 
environments currently in use, building products and technologies 
currently available that specifically serve children, and elements and 
features unique to children's environments that may merit specific 
attention. The Access Board received a number of comments from various 
state and local governments. Those comments are discussed in the 
section-by-section analysis above. In addition, the Access Board 
specifically contacted the departments of education in a number of 
states regarding this rulemaking. Furthermore, the Access Board and the 
Department of Justice are forwarding a copy of this NPRM to the 
departments of education, state education associations, the state 
building code authorities, and other various responsible agencies in 
each of the 50 states seeking their input and comment on the proposed 
rule. Interested state and local government agencies, as well as the 
general public, may obtain technical assistance regarding this NPRM by 
contacting the Access Board at (202) 272-5434 or (800) 872-2253 (voice) 
and pressing 2 on the telephone keypad or (202) 272-5449 or (800) 993-
2822 (TTY).

Text of Proposed Common Rule

    Appendix A to part is proposed to be amended by adding a new 
section 15 and by adding A15.1 and A15.6.2 in the appendix to appendix 
A to read as follows:
* * * * *

15. CHILDREN'S FACILITIES.

15.1*  Application.

    This section applies to facilities, or portions of facilities, 
constructed according to children's dimensions and anthropometrics for 
ages 2 through 12. Facilities covered by this section shall comply with 
the applicable requirements of 4.1 through 4.35 and the special 
application sections, except as modified or otherwise provided in this 
section. All public and common use areas covered by this section are 
required to be designed and constructed to comply with 4.1 through 
4.35, except

[[Page 37975]]

as modified or otherwise provided in this section. Accessible elements 
and spaces covered by this section shall be on an accessible route 
complying with 4.3, 15.3, and 15.4. The specifications in this section 
are based on children's dimensions and anthropometrics.
    The phrase ``constructed according to children's dimensions and 
anthropometrics'' means where the construction of a facility reflects 
the size and dimensions, reach ranges, level of strength and stamina, 
or other characteristics of children. Facilities constructed that do 
not reflect children's characteristics are not covered by this section.

15.2  Reach Ranges.

    15.2.1  General. The requirements in 4.2.5 and 4.2.6 are modified 
by the following provisions.
    15.2.2  Forward and Side Reach. The high forward or high side 
reach, and the low forward or low side reach shall comply with A, B, or 
C in the table below. Selection of A, B, or C should correspond to the 
age range of the primary user group.

                         Forward and Side Reach                         
------------------------------------------------------------------------
                              High reach (not more   Low reach (not less
                                      than)                 than)       
------------------------------------------------------------------------
A--Ages 2 through 4.........  36 in (915 mm)......  20 in (510 mm).     
B--Ages 5 through 8.........  40 in (1015 mm).....  18 in (455 mm).     
C--Ages 9 through 12........  44 in (1120 mm).....  16 in (405 mm).     
------------------------------------------------------------------------

15.3  Protruding Objects.

    The requirements in 4.4.1 are modified by 15.3. Objects projecting 
from walls with their leading edges between 12 in and 80 in (305 mm and 
2030 mm) above the finish floor shall protrude no more than 4 in (100 
mm) into walks, halls, corridors, passageways, or aisles. Objects 
mounted with their leading edges at or below 12 in (305 mm) above the 
finish floor may protrude any amount. Free-standing objects mounted on 
posts or pylons may overhang 12 in (305 mm) maximum from 12 in to 80 in 
(305 mm to 2030 mm) above the ground or finish floor. Protruding 
objects shall not reduce the clear width of an accessible route or 
maneuvering space.

15.4  Handrails at Ramps and Stairs.

    15.4.1  General. In addition to the handrails required by 4.8 and 
4.9, a second set of handrails shall be provided complying with 4.8.5 
or 4.9.4 and 4.26.2, except as modified by the following provisions.
    15.4.2  Height. The top of handrail gripping surfaces shall be 
mounted between 20 in and 28 in (510 mm and 710 mm) above ramp surfaces 
or stair nosings.
    15.4.3  Size. The gripping surfaces of handrails shall have a 
diameter or width of 1 in to 1\1/4\ in (25 mm to 30 mm), or the shape 
shall provide an equivalent gripping surface.

15.5  Drinking Fountains and Water Coolers.

    15.5.1  General. Drinking fountains or water coolers required to be 
wheelchair accessible by 4.1 shall comply with 4.15, except as modified 
by 15.5. The requirements in 4.15.2 and 4.15.5 are modified by the 
following provisions.
    15.5.2  Spout Height. Spouts shall be no higher than 30 in (760 
mm), measured from the floor or ground surface to the spout outlet.
    15.5.3  Clearances. Wall-mounted and post-mounted cantilevered 
units shall have a clear knee space between the bottom of the apron and 
the floor or ground at least 24 in (610 mm) high and 8 in (205 mm) 
deep, measured from the leading edge of the fountain. Clear toe space 
shall be 12 in (305 mm) high minimum, measured from the finish floor. 
Such units shall also have a minimum clear floor space 30 in by 48 in 
(760 mm by 1220 mm) to allow a forward approach to the unit. The clear 
floor space may extend a maximum of 14 in (305 mm) underneath the 
fountain.
15.6  Water Closets, Toilet Seats, Grab Bars, and Toilet Paper 
Dispensers.
    15.6.1  General. Water closets required to be accessible by 4.22.4 
shall comply with 4.16, except as modified by 15.6. The requirements in 
4.16 and 4.26.2 are modified by the following provisions.
    15.6.2*  Placement. The centerline and seat height of the water 
closet and the centerline height of the grab bars and toilet paper 
dispenser shall comply with A, B, or C in the table below. Selection of 
A, B, or C should correspond to the age range of the primary user 
group. The centerline requirements in the table do not apply to the 36 
in (915 mm) wide alternate stall permitted in alterations by 
4.1.6(3)(e)(ii). The centerline of water closets shall be measured from 
one side wall or stall partition.

             Specifications for Water Closets, Toilet Seats, Grab Bars, and Toilet Paper Dispensers             
----------------------------------------------------------------------------------------------------------------
                                    Water closet       Toilet seat                                              
                                     centerline           height        Grab bar height      Dispenser height   
----------------------------------------------------------------------------------------------------------------
A (Ages 2 through 4)...........  12 in (305 mm)...  11 in to 12 in     18 in to 20 in     14 in (355 mm).       
                                                     (280 mm to 305     (455 mm to 510                          
                                                     mm).               mm).                                    
B (Ages 5 through 8)...........  12 in to 15 in     12 in to 15 in     20 in to 25 in     14 in to 17 in (355 mm
                                  (305 mm to 380     (305 mm to 380     (510 mm to 635     to 430 mm).          
                                  mm).               mm).               mm).                                    
C (Ages 9 through 12)..........  15 in to 18 in     15 in to 17 in     25 in to 27 in     17 in to 19 in (430 mm
                                  (380 mm to 455     (380 mm to 430     (635 mm to 685     to 485 mm).          
                                  mm).               mm).               mm).                                    
----------------------------------------------------------------------------------------------------------------

    15.6.3  Grab Bar Size. The diameter or width of the gripping 
surface of a grab bar shall be 1 in to 1\1/4\ in (25 mm to 30 mm), or 
the shape shall have an equivalent gripping surface.
    15.6.4  Flush Controls. Flush controls shall be located within the 
reach ranges specified by 15.2.

15.7  Toilet Stalls.

    15.7.1  General. Toilet stalls required to be accessible by 4.22.4 
shall comply with 4.17, except as modified by 15.7. The requirements in 
4.17.2, 4.17.3,

[[Page 37976]]

4.17.4, 4.17.6, and 4.26.2 are modified by the following provisions.
    15.7.2  Water Closets. Water closets in accessible stalls shall 
comply with 15.6.
    15.7.3  Depth. Standard stalls with floor- or wall-mounted water 
closets shall have a depth of 59 in (1500 mm) minimum. Standard stalls 
at the end of a row with floor- or wall-mounted water closets shall 
have a depth of 59 in (1500 mm) in addition to the minimum 36 in (915 
mm) required for the stall door. Where provided in alterations, 
alternate stalls with floor- or wall-mounted water closets shall have a 
depth of 69 in (1745 mm) minimum.
    15.7.4  Toe Clearance. In standard stalls of minimum dimension, the 
front partition and at least one side partition shall provide a toe 
clearance of 12 in (305 mm) minimum above the finish floor. If the 
depth of the stall is greater than 60 in (1525 mm), then the toe space 
is not required.
    15.7.5  Grab Bars. Grab bar mounting heights shall comply with the 
heights specified in 15.6. The diameter or width of the gripping 
surfaces of a grab bar shall be 1 in to 1\1/4\ in (25 mm to 30 mm), or 
the shape shall provide an equivalent gripping surface.

15.8  Lavatories and Mirrors.

    15.8.1  General. Lavatories and mirrors required to be accessible 
by 4.22.6 and 4.23.6 shall comply with 4.19, except as modified by 
15.8. The requirements in 4.19.2, 4.19.3, and 4.19.6 are modified by 
the following provisions.
    15.8.2  Height and Clearances. Lavatories shall be mounted with the 
rim or counter surface no higher than 30 in (760 mm) above the finish 
floor. A clearance of 27 in (685 mm) minimum measured from the finish 
floor to the bottom of the apron shall be provided. Minimum clear knee 
space 24 in (610 mm) high, measured from the finish floor, and 8 in 
(205 mm) deep, measured from the leading edge of the lavatory, shall be 
provided. Clear toe space shall be 12 in (305 mm) high minimum, 
measured from the finish floor.
    15.8.3 Clear Floor Space. Clear floor space shall extend a maximum 
of 14 in (355 mm) underneath the lavatory.
    15.8.4  Mirrors. Mirrors shall be mounted with the bottom edge of 
the reflecting surface no higher than 34 in (865 mm) above the finish 
floor.

15.9  Storage.

    15.9.1  General. Fixed storage facilities such as lockers, 
cabinets, shelves, closets, and drawers required to be accessible by 
4.1 shall comply with 4.25, except as modified by 15.9. The 
requirements in 4.25.3 are modified by the following provision.
    15.9.2  Height. Accessible storage spaces shall be within at least 
one of the reach ranges specified in 15.2. Clothes rods, hooks, or 
shelves shall be a maximum of 36 in (915 mm) above the finish floor for 
a side approach.

15.10  Fixed or Built-in Seating and Tables.

    15.10.1  General. Fixed or built-in seating or tables required to 
be accessible by 4.1 shall comply with 4.32, except as modified by 
15.10. The requirements in 4.32.2, 4.32.3, and 4.32.4 are modified by 
the following provisions.
    15.10.2  Seating. Clear floor space shall not overlap knee space by 
more than 14 in (355 mm).
    15.10.3  Knee Clearances. Knee clearance at least 24 in (610 mm) 
high, 30 in (760 mm) wide, and 14 in (355 mm) deep shall be provided.
    15.10.4  Height of Tables or Counters. The tops of accessible 
tables and counters shall be from 26 in to 30 in (660 mm to 760 mm) 
above the finish floor or ground.

Appendix

* * * * *

A15.1  Application.

    Section 15 modifies the technical requirements in section 4. 
This section applies to facilities, or portions thereof, constructed 
according to children's dimensions and anthropometrics for ages 2 
through 12. State and local codes and guidelines, as well as best 
practices, often specify that facilities be designed to accommodate 
children rather than adults, particularly where children are the 
primary population served by a facility. These codes, guidelines, 
and best practices may specify lower mounting heights for certain 
elements used primarily by children, such as water fountains, 
lavatories, and toilets. This section provides accessibility 
requirements for these elements and is intended to apply where state 
or local codes, guidelines, or best practices specify design for 
children.
    The phrase ``constructed according to children's dimensions and 
anthropometrics'' means where the construction of a facility 
reflects the size and dimensions, reach ranges, level of strength 
and stamina, or other characteristics of children, thus rendering 
such a facility more usable by children. Facilities constructed that 
do not reflect children's characteristics are not covered by section 
15.
    Section 15 also specifies that accessible elements and spaces 
constructed according to children's dimensions and anthropometrics 
shall be on an accessible route complying with 4.3, 15.3, and 15.4. 
Additional routes serving the children's area are not subject to the 
requirements in this section. Accessible routes subject to this 
section must comply with the requirements for protruding objects 
(15.3) and handrails at ramps and stairs (15.4). For example, a 
children's area may be located in a portion of a community center 
and may have elements and features constructed according to 
children's dimensions and anthropometrics, such as storage units, 
toilets, or lavatories. Where the accessible route serving the 
children's area includes a ramp, additional handrails for children 
must be provided. Additionally, objects along this accessible route 
that project from walls must comply with the requirements for 
protruding objects in 15.3. An accessible route complying with this 
section shall also be provided where individual elements are 
positioned at heights or locations based on children's sizes and 
dimensions, such as a drinking fountain in a shopping mall.
    A15.6.2  Placement. The requirements for water closets, toilet 
seats, grab bars, and toilet paper dispensers in 15.6 reflect the 
differences in the size, stature, and reach ranges of children ages 
2 through 12. Section 15.6.2 requires such elements to comply with 
the specifications in A, B, or C in the table provided. A, B, and C 
correspond to three age groups of children: 2 through 4, 5 through 
8, and 9 through 12, respectively. To permit design discretion where 
toilet rooms may serve more than one age group, or where the age 
group of users does not correspond to the specific age groups listed 
in the table, this section specifies that selection of A, B, or C 
``should'' correspond to the age of the primary user group. (See 3.4 
General Terminology, regarding use of the term ``should.'')
    The application of the specifications in A, B, or C in the table 
may allow flexibility when designing for more than one age group. 
For example, a water closet with centerline at 12 in (305 mm), 
toilet seat at 12 in (305 mm), grab bars at 20 in (510 mm), and 
dispenser at 14 in (355 mm) above the finish floor may be 
appropriate for A (ages 2 through 4) and B (ages 5 through 8). 
Similarly, a water closet with centerline at 15 in (380 mm), toilet 
seat at 15 in (380 mm), grab bars at 25 in (635 mm), and dispenser 
at 17 in (430 mm) above the finish floor may be appropriate for B 
(ages 5 through 8) and C (ages 9 through 12). Multiple accessible 
fixtures are not required in toilet rooms serving more than one age 
group.

-----------------------------------------------------------------------

Adoption of Proposed Common Rule

    The agency specific proposals to adopt the proposed common rule, 
which appears at the end of the common preamble, are set forth below.

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 38

List of Subjects in 28 CFR Part 38

    Buildings and facilities, Civil rights, Individuals with 
disabilities, Intergovernmental relations.

[[Page 37977]]

Authority and Issuance

    By the authority vested in me as Attorney General by 28 U.S.C. 509, 
510; 5 U.S.C. 301; and 42 U.S.C. 12134, 12186, and for the reasons set 
forth in the common preamble, part 38 (originally proposed as part 37) 
of chapter I of title 28 of the Code of Federal Regulations, as 
proposed to be added at 59 FR 31816, June 20, 1994, is further proposed 
to be amended as set forth below:

PART 38--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND 
LOCAL GOVERNMENT SERVICES AND BY PUBLIC ACCOMMODATIONS AND IN 
COMMERCIAL FACILITIES

    1. The authority citation for 28 CFR part 38 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 
12186.

    2. Appendix A to part 38 is amended as set forth at the end of the 
common preamble.

    Dated: July 9, 1996.
Janet Reno,
Attorney General.

-----------------------------------------------------------------------

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

List of Subjects in 36 CFR Part 1191

    Buildings and facilities, Civil rights, Individuals with 
disabilities.

Authority and Issuance

    For the reasons set forth in the common preamble, part 1191 of 
title 36 of the Code of Federal Regulations is proposed to be amended 
as follows:

PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY 
GUIDELINES FOR BUILDINGS AND FACILITIES

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

    Authority: 42 U.S.C. 12204.

    2. Appendix A to part 1191 is amended as set forth at the end of 
the common preamble.

    Authorized by vote of the Access Board on December 22, 1994.
Judith E. Heumann,
Chair, Architectural and Transportation Barriers Compliance Board.
[FR Doc. 96-18138 Filed 7-19-96; 8:45 am]
BILLING CODE 4410-01-P & 8150-01-P