[Federal Register Volume 63, Number 8 (Tuesday, January 13, 1998)]
[Rules and Regulations]
[Pages 2060-2091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-616]



[[Page 2059]]

_______________________________________________________________________

Part III





Architectural and Transportation Barriers Compliance Board





_______________________________________________________________________



36 CFR Part 1191



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

  Federal Register / Vol. 63, No. 8 / Tuesday, January 13, 1998 / Rules 
and Regulations  

[[Page 2060]]


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


ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 94-2]
RIN 3014-AA17


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

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Final rule.

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

SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) is issuing final guidelines to provide additional 
guidance to the Department of Justice and the Department of 
Transportation in establishing alternate specifications for building 
elements designed for use by children. These specifications are based 
on children's dimensions and anthropometrics and apply to building 
elements designed specifically for use by children ages 12 and younger. 
This rule ensures that newly constructed and altered facilities covered 
by titles II and III of the Americans with Disabilities Act of 1990 are 
readily accessible to and usable by children with disabilities. The 
standards established by the Department of Justice and the Department 
of Transportation must be consistent with these guidelines.

DATES: Effective date: April 13, 1998.

FOR FURTHER INFORMATION CONTACT: Dave Yanchulis, Office of Technical 
and Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. Telephone number (202) 272-5434 extension 27 (voice) or (800) 
872-2253 ext. 27 (voice); (202) 272-5449 (TTY) or (800) 993-2822 (TTY).

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

    Single copies of this publication may be obtained at no cost by 
calling the Access Board's automated publications order line (202) 272-
5434 or (800) 872-2253, by pressing 1 on the telephone keypad, then 1 
again and requesting publication S-30, Building Elements Designed for 
Children's Use Final Rule. Persons using a TTY should call (202) 272-
5449 or (800) 993-2822. Please record a name, address, telephone number 
and request this publication. Persons who want a copy in an alternate 
format should specify the type of format (audio cassette tape, Braille, 
large print, or computer disk). This document is also available on the 
Board's Internet site (http://www.access-board.gov/rules/child.htm).

Background

    The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 
et seq.) is a comprehensive civil rights law which prohibits 
discrimination on the basis of disability. Titles II and III of the ADA 
require, among other things, that newly constructed and altered State 
and local government buildings, places of public accommodation, and 
commercial facilities be readily accessible to and usable by 
individuals with disabilities. The Access Board is responsible for 
developing accessibility guidelines for the construction and alteration 
of such facilities so that they are accessible as required by the ADA. 
The Access Board initially issued the Americans with Disabilities Act 
Accessibility Guidelines (ADAAG) in 1991 (36 CFR part 1191, appendix 
A).
    Under the ADA the Department of Justice is responsible for issuing 
regulations to implement titles II and III of the Act. The regulations 
issued by the Department of Justice include accessibility standards for 
newly constructed and altered facilities covered by titles II and III 
of the ADA. These standards must be consistent with the accessibility 
guidelines issued by the Access Board. The Department of Justice has 
adopted ADAAG as its Standards for Accessible Design, published as 
appendix A to 28 CFR part 36 and intends to amend those standards by 
adding the alternate specifications adopted by the Access Board for 
building elements designed for use by children. Until such time as the 
Department of Justice adopts these guidelines as standards, the 
guidelines are advisory only and are not to be construed as 
requirements.
    In 1986 the Access Board issued ``Recommendations for Accessibility 
Guidelines to Serve Physically Handicapped Children in Elementary 
Schools.'' The report included recommended modifications or additions 
based on children's sizes to certain sections of an earlier 
accessibility rule, the Uniform Federal Accessibility Standards (UFAS). 
The recommendations were developed to assist states in designing and 
constructing accessible elementary schools. Many states and localities 
have applied these recommendations to newly constructed schools serving 
grades one through six.
    ADAAG as published in 1991 did not provide requirements based on 
children's dimensions. ADAAG includes a provision, 2.2 (Equivalent 
Facilitation), which permits departures from ADAAG requirements that 
provide equal or greater access. While this provision may serve as the 
basis for departures from ADAAG in designing for access according to 
children's dimensions, designers and others have sought specific 
guidance and technical criteria in this area.
    In 1992, new recommendations were developed through a research 
project sponsored by the Access Board. The project studied 
accessibility requirements for children with disabilities at a variety 
of facilities. The Center for Accessible Housing (CAH) at North 
Carolina State University in Raleigh, North Carolina conducted this 
study, which included a review of codes, standards, and guidelines, 
ergonomic studies and evaluation literature, and post-occupancy 
evaluations of children's facilities. This study focused on facilities 
serving pre-kindergarten and elementary school-aged children and, to a 
lesser extent, facilities serving infants and toddlers. The recommended 
guidelines developed from this study are known as ``Recommendations for 
Accessibility Standards for Children's Environments,'' (referred to as 
the ``CAH study'' in the preamble to this rule).1
---------------------------------------------------------------------------

    \1\ Print or computer disk copies of these recommendations are 
available from the Access Board.
---------------------------------------------------------------------------

    On February 3, 1993, the Access Board published an advance notice 
of proposed rulemaking (ANPRM) in the Federal Register (58 FR 6924). 
The ANPRM sought comment on general issues, such as the recommended 
scope of these guidelines and the ages or grades that should be 
covered. The ANPRM also requested information on standards or 
guidelines for children's environments currently in use, building 
products and technologies currently available that specifically serve 
children, and elements and features unique to children's environments 
that may merit specific attention. Approximately 75 comments were 
received in response to the ANPRM. Commenters included state and local 
departments of education, groups representing children with 
disabilities, plumbing fixture manufacturers, individuals, and design 
professionals. These comments were analyzed and used in the development 
of proposed guidelines.
    On July 22, 1996, the Access Board issued jointly with the 
Department of

[[Page 2061]]

Justice a notice of proposed rulemaking (NPRM) for children's 
facilities in the Federal Register (61 FR 37964). This rule proposed 
adding a special occupancy section to ADAAG entitled ``15. Children's 
Facilities.'' The proposed rule modified ADAAG requirements for 
application to facilities or portions of facilities constructed 
primarily for use by children ages 2 through 12. Section 15 applied 
ADAAG 4.1 through 4.35 but modified various requirements. Requirements 
addressed reach ranges (15.2), protruding objects (15.3), handrails at 
ramps and stairs (15.4), drinking fountains and water coolers (15.5), 
water closets (15.6), toilet stalls (15.7), lavatories and mirrors 
(15.8), storage (15.9), and fixed or built-in seating and tables 
(15.10). The proposed rule asked questions about these elements and 
other design considerations concerning clear floor space, knee 
clearance, accessible routes, door hardware, urinals, sinks, and 
signage. The proposed rule did not address play settings or fixed play 
equipment which will be addressed in a separate rulemaking on 
recreational facilities. The Access Board and the Department of Justice 
distributed the proposed rule to state departments of education and 
education associations, the state building code authorities, and other 
responsible agencies of the 50 states to seek their input and comment.
    Over 80 comments were received in response to the proposed rule. 
The following three groups each represented approximately a quarter of 
the commenters: parents of children with disabilities, most addressing 
the needs of children with dwarfism; accessibility consultants and 
designers, including several that specialize in the design of 
children's environments; and government entities, such as state 
departments of education and commissions on disability, local school 
districts, and several Federal agencies. The remainder of the comments 
were from local and national disability groups, manufacturers, various 
trade associations, a code organization, companies that provide child 
care services, and others. A summary of comments received may be found 
in the following General Issues section, the Section-by-Section 
Analysis, and the Other Issues section.

General Issues

    This section of the rule addresses issues pertaining to the 
application of the final rule. Individual provisions addressed in this 
rule are discussed in detail under the Section-by-Section Analysis 
below.
    The final rule provides alternate specifications based on 
children's dimensions as exceptions to specifications based on adult 
dimensions. As exceptions, these specifications are discretionary, not 
mandatory. This represents a change from the proposed rule, which 
provided mandatory requirements applicable to facilities or portions of 
facilities constructed according to children's dimensions. Also, the 
final rule focuses more clearly on elements used primarily by children 
than the proposed rule, which applied to ``facilities or portions of 
facilities constructed according to children's dimensions.''
    Comment. Several commenters stated that it was not clear whether 
the proposed children's guidelines were mandatory requirements or 
permitted alternatives to ADAAG requirements based on adult dimensions. 
One commenter recommended that the children's guidelines be written as 
exceptions to ADAAG requirements.
    Response. Generally, buildings codes and best practices specify 
that elements and facilities be provided at heights and locations 
appropriate for the primary user population served. Although children 
are rarely the sole occupant or user of facilities, codes and best 
practices often specify that elements such as drinking fountains, 
lavatories, and toilet seats be mounted at heights according to 
children's size where children are the primary users. The proposed rule 
was not intended to create a new obligation for covered entities to 
design or construct elements according to children's dimensions and 
anthropometrics. Instead, it applied mandatory specifications where 
building elements are designed or constructed according to children's 
dimensions and anthropometrics. In the final rule, the guidelines have 
been incorporated into ADAAG as exceptions to technical requirements so 
that these guidelines function as permitted departures from 
requirements based on adult dimensions where certain elements are 
designed for use primarily by children. The decision to use an 
exception is optional but will likely be determined where best 
practices or building codes call for design based on children's 
dimensions. Consequently, making the requirements of this rule 
discretionary should not affect the intended application of this rule 
as proposed. If an exception in this rule is used, then the technical 
specifications they contain or reference must be followed (although as 
with any ADAAG requirement, departures providing equal or greater 
access are permitted under the provision of equivalent facilitation at 
ADAAG 2.2).
    Comment. A majority of commenters supported the approach taken in 
the proposed rule, including its organization as a special occupancy 
section. However, some considered the application and scope of section 
15 too vague. The proposed rule's application to ``facilities or 
portions of facilities'' designed for children was an apparent source 
of confusion as some commenters noted that it was not clear which types 
of facilities were covered. Several commenters recommended that a 
variety of facilities be specifically addressed in the final rule, 
including museums, libraries, shopping malls, nurseries, day care 
centers, cafeterias, and others.
    Response. For clarity, the final rule has been reorganized to focus 
more clearly on building elements designed for use by children instead 
of facilities or portions of facilities. The specifications of the 
proposed special occupancy section have been incorporated into ADAAG as 
exceptions to technical requirements based on adult dimensions instead 
of as a special occupancy section. These exceptions are usable 
regardless of whether the facility primarily serves children, such as a 
school, or equally serves adults, such as a museum, shopping mall, or 
restaurant. The basis for the exception is not the type of facility, 
but the provision of elements based on children's dimensions.
    Comment. The proposed rule covered facilities or portions of 
facilities constructed according to children's dimensions and 
anthropometrics for ages 2 through 12. The dimensions of children aged 
2 and older are reflected in many existing state and local education or 
building design guidelines and recommendations. With respect to schools 
or areas within schools serving children over 12 years old, most states 
apply design standards based on adult dimensions. A majority of 
comments did not support the proposed age range. While a few 
recommended broadening this range to cover children younger than 2 or 
older than 12, most favored reducing the range. These comments stated 
that children younger than 5, including those without disabilities, 
often need assistance or supervision in using elements such as water 
closets. Some recommended that children's guidelines apply where 
facilities or elements are designed for use by children over ages 4 or 
5. A design firm that specializes in child care facilities recommended 
that access not be required to all toilet rooms serving children in 
child care facilities due to

[[Page 2062]]

the space and cost impact. According to this commenter, toilet rooms in 
child care facilities are an ``extension of the classroom'' where, 
until age 5 or 6, children learn proper health habits.
    Response. The final rule covers access for children ages 12 and 
younger. The age at which children independently use various building 
elements such as water closets varies. Also, adult assistance and 
supervision helps teach children how to use such elements by 
themselves. Thus accessibility, which includes features such as grab 
bars at water closets, is essential for children with disabilities to 
learn how to independently use water closets and other fixtures. For 
these reasons, coverage of children below age 5 has been retained in 
the final rule. However, a minimum age is not specified in the final 
rule since the decision to design a space or element according to 
children's sizes will typically drive the use of these alternate 
specifications. For example, if a toilet room is intended primarily for 
young children and is designed according to children's dimensions, then 
the alternate specifications will likely be used since the only 
alternatives would be ADAAG requirements based on adult dimensions or 
departures based on ``equivalent facilitation'' which provide equal or 
greater access. Toilet rooms not designed according to children's 
dimensions, including those that serve young children, do not have to 
comply with the alternate specifications. Exceptions of this rule for 
lavatories, sinks, and fixed seating and tables cover elements used 
primarily by children ages 5 and younger and address conflicts between 
current design practice and accessibility requirements. These are 
further discussed below in the Section-by-Section Analysis.

Section-by-Section Analysis

    This section of the preamble summarizes each of the provisions of 
the final rule and the comments received in response to the proposed 
rule. Where the provision in the final rule differs from that of the 
proposed rule, an explanation of the modification is provided. Building 
elements addressed by the proposed rule but not included in the final 
rule are discussed in a following section labeled Other Issues.

2  General

2.1  Provisions for Adults and Children
    The final rule contains alternate specifications based on 
children's dimensions as exceptions to ADAAG technical requirement for 
drinking fountains, water closets, toilet stalls, lavatories, sinks, 
and fixed or built-in seating and tables. This is indicated in a 
revision to a general statement in ADAAG 2.1 that previously recognized 
only adult dimensions and anthropometrics. As revised in the final 
rule, this provision notes that ADAAG provides alternate specifications 
based on children's dimensions and anthropometrics for these elements.

4  Accessible Elements and Spaces: Scope and Technical Requirements

4.2  Space Allowances and Reach Ranges
    4.2.5  Forward Reach. 4.2.6  Side Reach. The proposed rule 
specified maximum and minimum mounting heights for controls and 
operating mechanisms and storage elements designed for children's use. 
These heights were specified for three age ranges: 36 inches (high) and 
20 inches (low) for ages 2 through 4, 40 inches (high) and 18 inches 
(low) for ages 5 through 8, and 44 inches (high) and 16 inches (low) 
for ages 9 through 12. Consistent with CAH recommendations, these 
ranges were the same for forward and side reaches. The proposed rule 
also addressed the height of storage elements and referenced the reach 
range requirements. The proposed reach ranges for children have been 
included in the final rule as advisory information in an appendix note 
to 4.2.5 (Forward Reach) and 4.2.6 (Side Reach). This information notes 
that these specifications are recommended for fixed building elements 
or controls designed for use primarily by children 12 and younger and 
that those designed for use by adults only need not be located within 
the recommended ranges. The reach ranges are consistent with the 
proposed rule except that the ages covered start at 3 years instead of 
2 years. ADAAG 4.25 (Storage) and 4.27 (Controls and Operating 
Mechanisms) reference the reach range requirements in 4.2.5 and 4.2.6. 
Since the appendix information on children's reach ranges is relevant 
to these sections as well, cross references to A4.2.5 & 4.2.6 (Reach) 
have been added to the appendix at A4.25 and A4.27.
    Comment. The proposed rule asked whether the proposed reach ranges 
were appropriate for children ages 2 through 12 (Question 3) and also 
requested data on children's reaches over obstructions (Question 4). 
Specifications for obstructed reaches were not proposed due to 
insufficient information. Some commenters supported the proposed 
specifications while others opposed the approach as too complex and 
recommended that a single range be used for all ages covered. Parents 
of children with dwarfism recommended further study so that the needs 
of children of short stature are addressed. These commenters included 
the age and measured high reach of their child although how this reach 
was measured was not indicated. The average reach height by age group 
among these children was 33 inches for ages 2 through 4, 41 inches for 
ages 5 through 8, and 44 inches for ages 9 through 12. Some commenters 
advised that the rule should exempt elements intended for adult use 
only, such as fire extinguishers and alarms, electrical receptacles, 
phones and intercoms, and thermostats. A few comments noted that 
elements must be at least 54 inches from the floor to be considered out 
of children's reach (which is the maximum permitted by ADAAG for an 
adult side reach). Conversely, some comments recommended that certain 
elements such as telephones and elevator controls be covered by the 
children's rule. Few commenters provided information or anthropometric 
data on the appropriateness of the proposed specifications or on 
reaches over obstructions.
    Response. The CAH study recommended a reach range of 20 inches 
(low) to 36 inches (high) for all children. However, the ergonomic data 
evaluated in this study did not conclusively justify limiting 
specifications for children older than 4 years to this range. Reach 
range specifications, including those for obstructed reaches, have not 
been included in the text of the rule due to a lack of sufficient data. 
The proposed specifications have been included in the final rule in the 
appendix as advisory (non-mandatory) information. This information will 
provide guidance where certain building elements, such as lockers, and 
controls are to be designed according to the dimensions of children 
ages 12 and younger.
4.8  Ramps
4.9  Stairs
    The proposed rule required a second set of handrails at ramps and 
stairs that serve elements or spaces constructed according to 
children's dimensions. This requirement specified a mounting height of 
20 to 28 inches measured from the ramp surface or stair nosing to the 
top of the gripping surface. These specifications were derived from the 
CAH study and were similar to several state requirements or 
recommendations. ADAAG requires a mounting height of 34 to 38 inches 
for handrails based on

[[Page 2063]]

adult dimensions. A requirement for secondary handrails has not been 
included in the text of the final rule. However, advisory information 
on lower handrails has been added to the appendix at A4.8 and A4.9. 
This information recommends a secondary set of handrails at ramps or 
stairs in facilities that primarily serve children, such as elementary 
schools. A maximum handrail height of 28 inches is recommended. It is 
also recommended that the vertical clearance between handrails be at 
least 9 inches in order to reduce the risk of entrapment.
    Comment. The vertical clear space between the handrails required by 
ADAAG and the proposed lower rail for children's use could range from 
4\1/2\ to 16\3/4\ inches. The proposed rule sought comment on whether 
this posed an entrapment hazard (Question 6) and whether a clearance of 
as a little as 4\1/2\ inches was sufficient for gripping the lower rail 
(Question 7). Most commenters stated that this requirement would pose 
an entrapment hazard. Several noted specifications in model codes that 
address openings such as those between vertical guardrails which 
require them to be spaced or to have a pattern that prevents passage of 
a 4 inch sphere (1994 UBC section 509.3, BOCA Section 1021.3 1996). 
Several comments indicated that certain guidelines, such as the 
Consumer Product Safety Commission Handbook for Playground Safety, 
consider openings between 3\1/2\ inches and 9 inches to be a hazard. 
Some commenters recommended a height of 26 to 28 inches as safer and 
noted that a rail as low as 20 inches can become a climbing structure 
or produce a ``ladder effect.'' One commenter cited research which 
suggests that children over age 7 can use handrails at adult heights. 
Comments were divided on the question of whether a 4\1/2\ inch vertical 
clearance between handrails will allow sufficient room for grasping the 
lower rail. Some considered the 4\1/2\ inch clearance sufficient while 
almost an equal number did not and recommended minimum clearances 
ranging from 6 to 9 inches.
    Response. A requirement for lower handrails has not been included 
in the final rule. Additional guidance has been added to an appendix 
note at A4.8.5 (Handrails) which recommends a second set of handrails 
where children are the principal users in a building or facility. The 
final rule adds a recommendation for a maximum height of 28 inches for 
the lower handrail and a vertical clearance between handrails of at 
least 9 inches. A reference to this appendix note is provided for 
stairs at A4.9.5 (Handrails).
    ADAAG 4.8 (Ramps) specifies that the ramp slope not exceed 1:12 and 
limits the rise of each run to 30 inches. The Board sponsored a 
research project conducted by the Center for Universal Design at North 
Carolina State University to re-evaluate specifications for ramps. 
Completed in 1996, this study included subject testing with a test 
sample of more than 170 subjects. However, only a small portion (2.9%) 
of subjects were under age 16. The overall conclusion of this study was 
to retain without change existing ADAAG technical requirements for 
ramps, including those for slope and rise. The study noted that age 
seemed to have little bearing on the ability of subjects to use 
ramps.\2\
---------------------------------------------------------------------------

    \2\ ``A Review of Technical Requirements for Ramps,'' 1996 is 
available from the Board in hard copy and on computer disk.
---------------------------------------------------------------------------

    The CAH children's study and comments to the ANPRM considered the 
1:12 maximum slope too steep for children and recommended slopes of 
1:16 to 1:20 to take into account the differences in strength and 
stamina between children and adults. The CAH study also recommended a 
maximum length run of 20 feet for ramps in children's's facilities 
since children do not have as much strength as adults in negotiating 
longer ramps. For ramps with a maximum slope of 1:12, ADAAG requires a 
maximum length of 30 feet for each run.
    Comment. The Board sought comment on whether a lower slope should 
be specified for ramps designed for children's use (Question 23) and 
whether ramps should be limited to a 20 foot length (Question 24). 
Commenters were divided on both questions. Comments supporting a lower 
slope varied in their recommendations between a 1:16 maximum, a 1:20 
maximum, or a range in between. Some commenters opposed a lower slope 
and shorter length due to the space impact of shallower ramps and 
additional intermediate landings. A few commenters deferred to the 
Board's ramp study.
    Response. Alternate specifications for ramps based on children's 
strength and stamina are not included in the final rule. Further study 
is considered necessary to determine whether alternative criteria are 
necessary for children with disabilities.
4.15  Drinking Fountains and Water Coolers
    This section of the rule modifies ADAAG 4.15 (Drinking Fountains 
and Water Coolers) by providing an exception for drinking fountains 
used primarily by children ages 12 and younger. ADAAG 4.15.5(1) 
requires that drinking fountains cantilevered from walls or posts 
provide knee clearance (27 inches minimum) and toe clearance (9 inches 
minimum) below the unit for a forward approach. Under the exception 
provided in the final rule, these clearances are not required at units 
designed for use primarily by children ages 12 and younger so long as 
space for a parallel approach is provided and the spout is no higher 
than 30 inches from the ground or floor surface. This differs from the 
proposed rule, which specified a maximum spout height of 30 inches but 
also required a minimum knee clearance of 24 inches and a minimum toe 
clearance of 12 inches.
    Comment. Comment was sought on whether products are currently 
available that meet the proposed specifications and, if not, 
information was requested on conflicting product or design 
specifications (Question 9). Several comments indicated that products 
meeting the proposed specifications are available but did not specify a 
type or model. Several other commenters, including a manufacturer of 
drinking fountains, stated that refrigerated units that meet the 
criteria are not available. The main conflict is the required knee and 
toe clearances which do not permit space for the refrigeration system 
below units mounted to provide a 30 inch spout height. Non-refrigerated 
units may meet these requirements if a remote chiller is used. 
According to the manufacturer, units with a refrigeration system 
located both above and below the top of the unit could be developed 
although the costs and volume potential for such units are not 
currently known.
    Response. The final rule does not require knee and toe clearance 
below units mounted at children's heights (30 inch maximum spout 
height) so long as space for a parallel approach complying with 4.2.4 
is provided. While a forward approach is preferred for easier access, 
this exception is provided due to remaining questions about the 
availability of complying products and the impact of possible design 
and product solutions that, in effect, may discourage provision of 
drinking fountains at children's heights.
4.16  Water Closets
    This section of the rule modifies ADAAG 4.16 (Water Closets) by 
providing an exception for water closets used primarily by children 
ages 12 and younger. Under this exception, compliance with 4.16.7 
(Water Closets

[[Page 2064]]

for Children), is permitted as an alternative to the specifications in 
sections 4.16.2 through 4.16.6. This subsection tracks 4.16 (Water 
Closets) in providing requirements for clear floor space, the height of 
water closets, grab bars, flush controls and dispensers and provides 
specifications from the proposed rule derived from the CAH study. Most 
of these provisions provide specifications as a range. An appendix note 
provides additional guidance on applying these specifications according 
to three age groups: 3 and 4, 5 though 8, and 9 through 12.
    Comment. The proposed rule provided specifications for water 
closets in a chart according to three age groups: 2 through 4, 5 
through 8, and 9 through 12. The Board sought information on alternate 
specifications that would singularly serve children ages 2 through 12 
(Question 10). Comments did not recommend alternative specifications 
but did question the need to include requirements for children 2 to 4 
years old since children of this age, including those without 
disabilities, may need adult assistance in using water closets. Several 
considered different specifications based on three age groups confusing 
and urged simplification of this section.
    Response. In the final rule, the specifications for the three age 
groups have been combined into a single range for simplicity. An 
appendix note to 4.16.7 provides guidance in applying these 
specifications according to the three age groups. In addition, the 
youngest age range has been changed from ``2 to 4 years'' to ``3 and 4 
years.'' However, this appendix information is advisory so that the 
specifications for this table can be applied to water closets serving 
children younger than three years as appropriate.
    4.16.7(1) Clear Floor Space. Section 4.16.7(1) (Clear Floor Space) 
requires that water closets which are not located in stalls comply with 
Figure 28 except that the centerline of the water closet shall be 12 
inches minimum to 18 inches maximum from the side wall or partition. 
ADAAG specifications based on adult dimensions in 4.16.2 require a 
centerline placement of 18 inches absolute. An appendix note to 4.16.7 
recommends a centerline placement of 12 inches for children ages 3 and 
4, 15 inches for children ages 5 through 8, and 15 to 18 inches for 
children ages 9 through 12. These specifications are the same as those 
in the proposed rule. Few comments addressed this requirement.
    4.16.7(2) Height. Section 4.16.7(2) (Height) specifies that the 
height of water closets be 11 to 17 inches measured to the top of the 
toilet seat and prohibits seats that are sprung to return to a lifted 
position. ADAAG 4.16.3 (Height) requires a height of 17 to 19 inches 
for water closets serving adults. The appendix recommends a seat height 
of 12 inches for ages 3 and 4, 12 to 15 inches for ages 5 through 8, 
and 15 to 17 inches for ages 9 through 12. These specifications are 
consistent with those of the proposed rule.
    4.16.7(3) Grab Bars. Section 4.16.7(3) (Grab Bars) requires that 
grab bars be provided on the side and rear wall at toilets as shown in 
Figure 29 but requires a mounting height of 18 to 27 inches instead of 
33 to 36 inches as is specified for adults. The rear grab bar is 
required to be at least 36 inches long. An appendix note recommends a 
grab bar height between 18 to 20 inches for ages 3 and 4, 20 to 25 
inches for ages 5 though 8, and 25 to 27 inches for ages 9 through 12.
    Comment. The heights specified for grab bars will conflict with 
most tank-type water closets. The proposed rule asked whether tank-type 
models are commonly used in facilities serving children and requested 
information on the cost difference between water closets with tanks and 
those without (Question 11). A majority of commenters indicated that 
water closets with tanks are rarely used in children's facilities 
because of maintenance and safety considerations. Some commenters noted 
that water closets with tanks are typically used where the water 
pressure is insufficient to use water closets with flush valves. A few 
noted that facility capacity, operation, and maintenance policies may 
be a factor in this determination as well. Of the few comments 
providing cost estimates, there was little consensus. Estimates 
included a 100 percent increase in the cost of water closets without 
tanks while another considered the cost to be about the same. One 
designer suggested a $300 to $400 cost increase, including 
installation, in the use of water closets without tanks. A few 
commenters indicated that complying products with tanks are available.
    Response. A rear grab bar is essential for access to water closets. 
While there may be a cost increase in the use of complying models with 
tanks or models without tanks, such an impact will occur only in those 
limited instances where a standard tank-type model is preferred. The 
requirement for rear grab bars has been retained in the final rule.
    Comment. The proposed rule asked whether the grab bar heights 
specified for children conflict with any building or plumbing code 
requirements for flush control location, size, or height (Question 12). 
Most comments indicated that a rear grab bar mounted at the proposed 
heights will conflict with industry standards for flush controls rather 
than building or plumbing codes. According to commenters, standard 
flush control design requires a clearance of approximately 14 to 17 
inches above the top of the toilet seat (which includes approximately 3 
inches for maintenance and replacement). Several comments recommended 
design solutions including concealing the flush valve unit in the wall 
or plumbing chase or splitting the rear grab bar.
    Response. An exception is provided in the final rule that allows 
the rear grab bar to be split or to be shifted to the open side of the 
water closet where the flush control location required by 
administrative authorities conflicts with the grab bar. Since water 
closets designed for children may be located closer to the side wall 
(12 to 18 inches centerline), splitting the rear grab bar may not 
always be practicable. Consequently, this exception permits a shorter 
rear grab bar 24 inches long minimum on the open side of the toilet 
area at water closets with a centerline placement below 15 inches.
    Comment. The proposed rule specified a 1 to 1\1/4\ inch diameter 
for grab bars, which differs from the 1\1/4\ to 1\1/2\ inch diameter 
ADAAG requires for adults in ADAAG 4.26 (Handrails, Grab Bars, and Tub 
and Shower Seats). With respect to handrails at ramps and stairs, the 
proposed rule asked whether this should be specified as an outer 
diameter since industry practice specifies pipe size by the inner 
diameter (Question 8). Under a 1\1/4\ inch specification, this could 
lead to an outer diameter of 1\5/8\ inches. Commenters supported an 
outer diameter specification of 1 to 1\1/4\ inches but an equal number 
either preferred the 1\1/4\ to 1\1/2\ inch range or suggested allowing 
a 1\5/8\ inch outer diameter. One commenter noted that a 1\1/2\ inch 
diameter is better for children ages 5 through 12 but did not include 
any supporting data. The vast majority of comments stressed that the 
specification should address the outer diameter of handrails so that 
there is less ambiguity in the use of pipe.
    Response. The proposed requirement for a 1 to 1\1/4\ inch grab bar 
diameter has not been retained in the final rule. The requirement for 
grab bars in 4.16.7(3) references ADAAG 4.26, which specifies a 1\1/4\ 
to 1 \1/2\ inch diameter for grab bars and handrails. ADAAG Figure 39 
indicates that this applies to the outer diameter; however standard 
pipe sizes designated by the industry as 1\1/4\ inch to 1\1/2\ inch are 
acceptable. A requirement for handrails designed for

[[Page 2065]]

children at ramps and stairs has not been included in the final rule.
    Comment. Some building codes require grab bars to have textured 
surfaces. The proposed rule asked whether grab bars for children should 
be textured and, if so, which types of texturing are most effective 
(Question 13). Most comments supported such a requirement and 
recommended knurled or peened textures, standard brush finishes, and 
rubber covering. Several comments noted that some textures are hard to 
clean and may not meet sanitation requirements. One comment from a 
local disability group stated that further study was needed.
    Response. Further information is needed on the appropriateness and 
effectiveness of various textures before requiring grab bars to be 
textured. A requirement for texturing is not included in the final 
rule.
    4.16.7(4) Flush Controls. Section 4.16.7(4) (Flush Controls) 
requires flush controls for water closets serving children to be hand 
operated or automatic and meet requirements for controls and operating 
mechanisms in ADAAG 4.27.4 (Operation). It also specifies that flush 
valves must be mounted on the wide side of the toilet no more than 36 
inches above the floor. The proposed rule required that flush controls 
be located within the reach ranges proposed for three age groups: a 
maximum 36 inch height at water closets serving children ages 2 through 
4, a 40 inch height at those serving children ages 5 through 8, and a 
44 inch maximum height at those serving children ages 9 through 12.
    Comment. The proposed rule asked whether these heights conflict 
with any plumbing codes, industry practices, or design practices 
(Question 14). Most commenters responding to this question noted that 
industry conventions for flush controls will conflict with the 
requirement for grab bars mounted 20 to 27 inches high on the wall 
behind the water closet. Conventional flush control design requires a 
clearance above the toilet seat of approximately 14 to 17 inches 
according to several comments.
    Response. The final rule specifies a maximum height of 36 inches 
for flush controls at water closets serving children 12 and younger and 
does not recognize higher heights for older children within this age 
range. Since information from commenters indicates that this height 
will not conflict with plumbing or design and industry practices, this 
change has been made for easier access and simplicity. An exception to 
the requirement for rear grab bars has been provided to address 
conflicts between industry conventions for flush controls and rear grab 
bars. See 4.16.7(3) (Grab Bars) above.
    4.16.7(5)  Dispensers. Section 4.16.7(5) (Dispensers) requires 
toilet paper dispensers to be 14 to 19 inches above the finished floor 
measured to the dispenser centerline and prohibits those that control 
delivery or that do not provide continuous paper flow. ADAAG 4.16.6 
(Dispensers) requires a 19 inch minimum height at water closets 
designed for adults. The appendix recommends a dispenser height of 14 
inches for ages 3 and 4, 14 to 17 inches for ages 5 through 8, and 17 
to 19 inches for ages 9 through 12. Few comments addressed these 
specifications and no substantive changes have been made in the final 
rule.
4.17  Toilet Stalls
    This section of the rule modifies ADAAG 4.17 (Toilet Stalls) by 
providing an exception for toilet stalls used primarily by children 
ages 12 and younger. Under this exception, compliance with 4.17.7 
(Toilet Stalls for Children) is permitted as an alternative to 
specifications in 4.17 based on adult dimensions. This subsection is 
modeled after 4.17.2 through 4.17.6 in providing requirements for water 
closets, stall size and arrangement, toe clearances, doors, and grab 
bars. The specifications it contains are derived from the CAH study and 
were included in the proposed rule. An appendix note to 4.17.7 
references recommendations in A4.16.7 for water closets, grab bars, and 
dispensers based on three age groups: 3 and 4, 5 through 8, and 9 
through 12.
    4.17.7(1) Water Closets. Section 4.17.7(1) (Water Closets) requires 
water closets to comply with 4.16.7 (Water Closets for Children).
    4.17.7(2) Size and Arrangement. Section 4.17.7(2) (Size and 
Arrangement) is consistent with ADAAG requirements for stalls based on 
adult dimensions in 4.17.3 (Size and Arrangement) except for water 
closet placement and minimum stall depth. In stalls designed for use 
primarily by children, the centerline of water closets is required to 
be 12 to 18 inches from the side wall or partition. This is consistent 
with the requirement for children's water closets not located in stalls 
at 4.16.7(1). It also requires a minimum depth for standard stalls of 
59 inches, including where a wall-mounted water closet is provided. 
ADAAG specifications based on adult dimensions permit a 56 inch minimum 
stall depth where wall-mounted water closets are provided since 
additional toe clearance below the fixture is available. This 3 inch 
``credit'' is not permitted for standard stalls designed for children 
because the lower mounting height of children's water closets provides 
less clearance. The CAH study indicated that children using wheelchairs 
need a higher clearance because their footrests are set higher from the 
floor than an adult's footrests. This requirement also applies to 
alternate toilet stalls required to be at least 69 inches deep.
    Comment. The proposed rule asked for information on the cost impact 
of requiring a 59 inch minimum depth for accessible standard stalls 
serving children (Question 15). Several comments indicated that the 
cost impact is minimal.
    Response. The stall depth requirements of the proposed rule have 
been retained in the final rule.
    4.17.7(3) Toe Clearances. Section 4.17.7(3) (Toe Clearances) 
requires that in standard stalls, the front partition and at least one 
side partition be at least 12 inches above the floor to provide toe 
clearance. ADAAG requirements based on adult dimensions specify a 
minimum 9 inch toe clearance. The 12 inch specification is based on a 
recommendation from the CAH study which indicated that children's 
wheelchair footrests are generally higher than those of wheelchairs 
used by adults.
    Comment. ADAAG requirements based on adult dimensions do not 
specify a toe clearance at stalls deeper than 60 inches. The proposed 
rule asked whether the 12 inch toe clearance should be required in 
children's stalls deeper than 60 inches (Question 16). Commenters were 
evenly split on this question. Several designers noted that partitions 
are typically mounted from 12 to 14 inches above the floor.
    Response. In the final rule, a 12 inch toe clearance is required 
for stall partitions without respect to the compartment depth. This 
additional maneuvering room is necessary within the confined space of 
toilet stalls because children using wheelchairs may not be as skilled 
in maneuvering as adults.
    Comment. The proposed rule also asked whether a 12 inch toe 
clearance compromises privacy at water closets serving children ages 2 
through 4 which may have a seat height of 11 to 12 inches (Question 
17). Several comments stated that this would compromise privacy while a 
similar number said that it would not, with some noting that the angle 
of visibility is a factor. Some comments felt that privacy should not 
be compromised while others noted that this was less of an issue among 
children ages 2 through 4.
    Response. The final rule retains the 12 inch minimum toe clearance. 
Where

[[Page 2066]]

privacy is a concern at stalls serving young children, a seat height 
slightly higher than that recommended in the appendix for children ages 
3 or 4 (11 to 12 inches) can be used.
    4.17.7(4) Doors. Section 4.17.7(4) (Doors) requires that stall 
doors comply with ADAAG 4.17.5 (Doors), which references section 4.13 
(Doors and Doorways) and specifies maneuvering clearances. It does not 
include different specifications based on children's dimensions and is 
consistent with the proposed rule.
    4.17.7(5) Grab Bars. Section 4.17.7(5) (Grab Bars) requires that 
grab bars meet the requirements of ADAAG 4.16.7 (Grab Bars) and Figure 
30 (a) through (d) but specifies a mounting height of 18 to 27 inches 
above the finished floor measured to the grab bar centerline instead of 
the 33 to 36 inches specified for adults. In the appendix, a cross 
reference is provided to A.4.16.7, which recommends mounting heights 
within this range based on three age groups: 3 and 4, 5 though 8, and 9 
through 12. These specifications are consistent with those of the 
proposed rule except that the requirement for a 1 to 1\1/4\ inch grab 
bar diameter has not been included in the final rule as discussed above 
at 4.16.7(3) (Grab Bars). An exception is provided where the required 
location of flush controls for flush valves conflicts with the rear 
grab bar. This exception is discussed at 4.16.7(3) above.
    4.19 Lavatories and Mirrors. ADAAG 4.19 provides specifications for 
lavatories and mirrors that are based on adult dimensions. Section 
4.19.2 (Height and Clearances) specifies a maximum rim or counter 
height of 34 inches, an apron clearance of at least 29 inches, a 
minimum knee clearance of 27 inches, and a minimum toe clearance of 9 
inches. Section 4.19.3 (Clear Floor Space) requires that the clear 
floor space below the fixture be 17 to 19 inches deep. The final rule 
provides an exception (number 1) for lavatories used primarily by 
children ages 6 through 12. This exception permits an apron and knee 
clearance of 24 inches minimum provided that the rim or counter surface 
is no higher than 31 inches. Specifications in the proposed rule for 
the apron clearance (27 inches minimum), toe clearance (12 inches 
minimum), and the depth of usable clear floor space below the fixture 
(14 inches maximum) have not been retained in the final rule. The 
proposed maximum height for the rim or counter surface of 30 inches has 
been increased to 31 inches. The final rule includes another exception 
(number 2) under which lavatories used primarily by children ages 5 and 
younger need not provide these clearances if space for a parallel 
approach is provided.
    Comment. A number of comments indicated that a rim or counter 
height below 30 inches better serves young children. Most recommended 
heights fell within a range of 20 to 24 inches for children ages 2 to 
5. A few comments noted that in child care facilities, exposed pipes 
can pose an entrapment hazard and enclosed cabinets are used to prevent 
such hazards.
    Response. Since the standard height of lavatories designed for 
children 5 years and younger will not accommodate the specified knee 
clearance (24 inches minimum), clearances for a forward approach are 
not required at them if space for a parallel approach complying with 
4.2.4 is provided. Under this exception, space below lavatories can be 
enclosed.
    Comment. The proposed rule asked whether products are currently 
available that meet the proposed specifications for lavatories and if 
not, what the conflicts are with product specifications or designs 
(Question 18). Most comments noted that complying products are 
available, including wall-hung and counter top products. Several 
commenters, including a major manufacturer of lavatories, indicated 
that a 30 inch maximum height for the rim or counter surface and the 
proposed 27 inch high apron clearance would permit a fixture thickness 
of only 3 inches which will not allow adequate structural strength to 
be built into prefabricated units. In addition, a 6 inch bowl depth and 
a 12 inch toe clearance leave only 12 inches for two supply pipes, one 
drain, and a stopper assembly. Information from manufacturers indicates 
that at least 7 inches is needed between the knee clearance and the rim 
or counter surface to accommodate lavatory bowls as currently designed.
    Response. The proposed requirement for a 27 inch minimum apron 
clearance and a 12 inch minimum toe clearance have not been included in 
the final rule. According to the CAH study, a higher toe clearance 
better serves children (as is recognized for stall partitions in 
4.17.7(3) above). However, the standard 9 inch minimum clearance will 
permit space needed for plumbing. To a certain extent, the height of 
toe clearance at lavatories is related to the depth of clear floor 
space below the fixture. Younger children will likely benefit the most 
from a higher toe clearance; however, their smaller stature may require 
less pull-up space below the fixture. The 14 inch maximum depth 
specified in the proposed rule has not been retained in the final rule. 
The 17 to 19 inch depth specified for this space in ADAAG for adults 
will maximize the clearance beyond the knee space at lavatories 
designed for children. The maximum height for the rim or counter 
surface has been increased from 30 to 31 inches in order to provide 
sufficient space for the bowl. Consistent with ADAAG specifications for 
adult lavatories, this will allow 7 inches instead for 6 inches 
measured from the knee clearance.
    Comment. The CAH study recommended that faucets be located within 
14 inches from the leading edge of lavatories so that they are within 
reach for children using wheelchairs. As noted in the proposed rule, 
the Texas State Building Code (section 2.1.1, Texas Accessibility 
Standards, April 1, 1994) requires a maximum 18 inch distance at 
lavatories serving children ages 4 through 11. The proposed rule 
requested comment on faucet locations no more than 14 inches from the 
lavatory leading edge and aside or in front of bowls and requested 
information on new technologies such as automatic sensors (Question 
19). Most commenters supported the 14 inch maximum distance and a 
number advocated automatic sensor faucets. A few commenters supported 
location of faucets aside bowls. A lavatory manufacturer noted that 
there have been advancements in the technology used for automatic 
sensors and that they are easy to maintain, have very few internal 
moving parts, are less prone to vandalism, and have longer replacement 
cycles. A design firm noted that it currently specifies automatic 
sensors for children's lavatories. Several commenters considered the 14 
inch maximum appropriate for children ages 2 through 4.
    Response. Further information is needed on the appropriateness of 
requiring faucets to be located no more than 14 inches from the leading 
edge of lavatories designed for children ages 5 through 12. The 
specification in the Texas State Building Code suggests that while a 14 
inch maximum distance will serve children ages 2 through 4, a greater 
distance may be acceptable for older children. Because alternative 
technologies such as automatic sensors are available, the location or 
distance of faucets has not been specified in the final rule. 
Additionally, ADAAG Figure 32 requires lavatories to have a horizontal 
depth of at least 17 inches; fixtures of this depth may permit rear-
mounted faucets to be within reach for older children.
    Comment. The proposed rule specified that the bottom edge of 
mirrors above lavatories be mounted no higher than 34 inches above the 
floor. ADAAG

[[Page 2067]]

4.19.6 specifies a 40 inch maximum height based on adult dimensions but 
recommends full length mirrors to accommodate the broadest range of 
people, including ambulatory persons, people using wheelchairs, and 
children. The CAH study recommended full length mirrors, which are 
commonly provided in elementary school toilet rooms, as mirrors above 
lavatories are too high for many children to use. The proposed rule 
sought comment on whether full length mirrors should be required in 
children's toilet rooms along with clear floor space in front of the 
mirror outside the swing of doors (Question 20). A majority of 
commenters supported a requirement for full length mirrors. One design 
firm indicated that many schools are against placement of mirrors above 
lavatories. Some opposed or were concerned about such a requirement 
unless specifications on a minimum mounting height or mirror 
composition were addressed to prevent breakage. Several recommendations 
for a minimum mounting height ranged from 6 to 18 inches. A few 
commenters considered slanted mirrors to work well. One comment urged 
that any requirement for full length mirrors include appropriate 
specifications such as size and mounting height and that developing 
these specifications may require study. Several commenters supported a 
requirement for clear floor space at mirrors that is outside the door 
swing.
    Response. Specifications for mirror size and height have not been 
included in the final rule due to insufficient information on what 
these specifications should be. A recommendation for clear floor space 
30 by 48 inches for a forward approach at mirrors that is outside the 
swing of doors has been added to the appendix note to 4.19.6 which 
addresses full length mirrors. The appendix also recommends that 
mirrors located above lavatories designed for children be mounted 
either at a maximum height of 34 inches (measured from the floor to the 
bottom edge of the reflecting surface) or at the lowest mounting height 
permitted by fixtures and related elements.
4.24  Sinks
    ADAAG provides technical requirements for sinks based on adult 
dimensions in 4.24 (Sinks) but does not apply them or indicate which 
sinks must meet this criteria. The CAH study provided recommendations 
for sinks designed for children. Like those for lavatories, these 
recommendations included a maximum rim or counter height of 30 inches 
and a knee clearance at least 24 inches high. The final rule provides 
an exception (number 1) for sinks designed for use primarily by 
children ages 6 through 12. This exception, located at 4.24.3 (Knee 
Clearance), permits a knee clearance of 24 inches instead of 27 inches 
provided that the rim or counter height is no higher than 31 inches. 
These specifications are consistent with those provided for lavatories 
serving children in 4.19.2. The final rule includes another exception 
(number 2) under which lavatories used primarily by children ages 5 and 
younger need not provide these clearances if space for a parallel 
approach is provided.
    Comment. The proposed rule noted that standard mounting heights for 
sinks serving young children may be 24 to 26 inches high according to 
some state requirements for educational facilities and asked whether 
product or design solutions are available that meet both the CAH 
recommendations and specifications appropriate for standing children 
(Question 27). Several comments indicated that products are available 
that meet the CAH recommendations but they did not indicate whether 
they would also serve young children who do not use wheelchairs.
    Response. Since the standard height of sinks designed for children 
5 years and younger will not accommodate the specified knee clearance 
(24 inches minimum), clearances for a forward approach are not required 
at them if space for a parallel approach complying with 4.2.4 is 
provided.
4.32  Fixed or Built-in Seating and Tables
    ADAAG 4.1.3(18) requires that at least 5 percent of fixed seating 
and tables comply with 4.32 (Fixed or Built-in Seating and Tables). 
This section of the rule modifies ADAAG 4.32 by providing an exception 
for fixed or built-in seating and tables used primarily by children 
ages 12 and younger. Under this exception, compliance with 4.32.5 
(Children's Fixed or Built-in Seating and Tables) is permitted as an 
alternative to the specifications in sections 4.32.2 through 4.32.4. 
Section 4.32.5 provides requirements for seating, knee clearance, and 
table or counter height. An exception to 4.32.5 is provided in the 
final rule for tables or counters used primarily by children ages 5 and 
younger. Under this exception compliance with the requirements of 
4.32.5 is not required if wheelchair space parallel to tables and 
counters is provided.
    4.32.5(1) Seating. This provision requires that wheelchair space be 
provided at fixed tables or counters and that this clear floor space 
not overlap knee space by more than 19 inches. This provision is 
consistent with 4.32.2 (Seating).
    4.32.5(2)  Knee Clearances. This provision requires that where 
wheelchair seating space is provided at tables or counters, knee space 
at least 24 inches high, 30 inches wide, and 19 inches deep be 
provided. This requirement differs from 4.32.3 (Knee Clearances), which 
specifies a minimum knee clearance of 27 inches.
    4.32.5(3)  Height of Tables or Counters. This section requires that 
the tops of accessible tables and counters be 26 to 30 inches above the 
finish floor or ground. This is different from 4.32.4 (Height of Tables 
or Counters) which specifies a table or counter top height of 28 to 34 
inches.
    Comment. Several comments advised that lower heights within a range 
of 16 to 20 inches are often preferred or specified for children 2 to 4 
years old.
    Response. The exception provided in 4.32.5 for tables and counters 
used primarily by children ages 5 and younger permits lower surface 
heights where clear floor space complying with 4.2.4 parallel to the 
table or counter is provided.

Other Issues

Door Hardware

    The Board sought comment on the mounting height of door hardware. 
The CAH study recommended that door hardware be mounted 30 to 34 inches 
high for children with disabilities, instead of the 48 inch maximum 
specified by ADAAG 4.13.9 (Door Hardware). The proposed rule asked 
whether this height would serve adults adequately (Question 25).
    Comment. Support was expressed for a height up to 34 inches but 
several designers considered this below the standard mounting height 
for adults, which is within a range of 36 to 42 inches.
    Response. An alternative height for door hardware based on 
children's dimensions is not provided in the final rule. ADAAG 4.13.9 
permits hardware to be mounted below 48 inches.

Signage

    Tactile signs are required by ADAAG 4.30.6 (Mounting Location and 
Height) to be mounted 60 inches from the floor measured to the sign 
centerline. Since this is above the reach height of children, the Board 
sought comment on whether tactile signs should be provided to serve 
children as well as adults and, if so, whether there was an

[[Page 2068]]

alternative mounting height that would adequately serve both (Question 
28).
    Comment. A majority of comments indicated that signage is usually 
intended for use by adults. There was little consensus among commenters 
supporting an alternative height that would serve children and adults.
    Response. An alternative mounting height for tactile signage is not 
included in the final rule.

Protruding Objects

    ADAAG 4.4 (Protruding Objects) specifies that elements mounted on 
walls such as phones and light fixtures not project more than 4 inches 
from the wall surface if the leading edge is above 27 inches from the 
floor. It also specifies that free-standing objects on posts and pylons 
may overhang 12 inches maximum if the leading edge is above 27 inches 
from the floor. The 27 inch height is based on the cane sweep of people 
with vision impairments and range of detection. The cane sweep of 
children with vision impairments is typically lower. The proposed rule 
reduced the 27 inch height to 12 inches based on recommendations from 
the CAH study. This requirement was intended to apply to routes serving 
facilities or portions of facilities constructed according to 
children's dimensions and anthropometrics.
    Comment. The proposed rule sought comment on whether the proposed 
requirement for protruding objects should apply only to routes serving 
facilities or portions of facilities or whether it should also apply to 
routes leading only to an element designed for children (Question 2). 
Most comments recommended that the requirement should not apply to 
routes leading to single elements designed for children. An 
organization representing people with vision impairment opposed 
projections with leading edges below 12 inches since children are not 
as skilled as adults in using canes. The proposed rule also asked about 
the cost impact of the proposed requirement since it would generally 
require elements with required knee and toe clearance, such as drinking 
fountains, to be located in alcoves or to be protected by walls, 
partitions, or other features. Few commenters provided information in 
response to this question. Several comments suggested costs between 
$200 to $500 for wings walls or partitions at a fixture. One commenter 
recommended that the proposed requirement not apply to those elements 
required to provide knee clearance.
    Response. The final rule has been revised to more clearly focus on 
elements designed for use primarily by children. Modified 
specifications for protruding objects however would apply to other 
elements, including those designed for adult use, along circulation 
paths. The application of the proposed specification would be difficult 
to determine or be a source of confusion. Further, an organization 
representing people with vision impairments suggested that further 
study in this area may be advisable. Specifications for protruding 
objects based on children's dimensions are not included in the final 
rule.

Urinals

    The CAH study recommended that urinal rims be 14 inches high 
maximum and that flush controls be 30 inches high maximum above the 
floor instead of the 17 inch rim height and the 44 inch flush control 
height specified by ADAAG 4.18 (Urinals).
    Comment. The proposed rule asked whether product or design 
solutions are available that meet these specifications and code 
requirements (Question 26). Some comments stated that they were not 
aware of complying products but suggested design solutions for the 
mounting height of flush controls. These included mounting the flush 
control on the floor or next to the urinal on the wall, automatic or 
electric sensors, or push button controls.
    Response. The Board considers additional information on design 
alternatives necessary before issuing specifications for urinals based 
on children's dimensions.

Clear Floor Space and Accessible Routes

    The CAH study recommended wider widths for clear floor space and 
accessible routes since a child's upper body strength and maneuvering 
skill is not as developed as those of an adult. The study recommended a 
minimum clear floor space width of 36 inches instead of 30 inches and a 
minimum clear width for accessible routes of 44 inches instead of 36 
inches.
    Comment. The proposed rule asked whether these recommendations 
should be included in the final rule (Questions 21 and 22). A slight 
majority of comments opposed both these recommendations. Of the few 
comments providing a reason for support or opposition, most addressed 
cost and space impacts. Some considered the impact to be minimal while 
others considered it to be significant.
    Response. Alternate specifications for clear floor space and 
accessible routes are not included in the final rule.

Classroom Acoustics

    Comment. Organizations representing people who are hard of hearing 
as well as audiological and acoustical trade associations and 
consultants recommended that the final rule provide acoustical 
performance standards for classrooms. These commenters recommended 
specifications for background noise levels, reverberation time, and the 
signal to noise ratio.
    Response. Acoustical standards have not been included in the final 
rule because none had been proposed and made available for public 
comment. While acoustics is an important consideration not only in 
classrooms but other spaces as well, it has not been addressed at this 
time.

Technical Assistance

    The Access Board provides technical assistance and training for 
entities covered under the Americans with Disabilities Act. The Access 
Board's toll-free number allows callers to receive technical assistance 
and to order publications. The Access Board conducts in-depth training 
programs to advise and educate the general public, as well as 
architects and other professionals on the accessibility guidelines and 
requirements. In addition, the Access Board is developing a manual for 
use by both technical and general audiences. The general manual on 
ADAAG requirements will be a useful tool in understanding ADAAG whether 
for purposes of compliance or as a reference for accessible design.

Regulatory Process Matters

Regulatory Assessment

    These guidelines are issued to provide guidance to the Department 
of Justice and the Department of Transportation in establishing 
alternate specifications for new construction and alteration of 
building elements designed for use by children in facilities covered by 
titles II and III of the ADA. The standards established by the 
Department of Justice and the Department of Transportation must be 
consistent with these guidelines.
    Under Executive Order 12866, the Board must determine whether these 
guidelines are a significant regulatory action. The Executive Order 
defines a ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or

[[Page 2069]]

State, local, or tribal governments or communities;
    (2) Create a serous inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    For significant regulatory actions that are expected to have an 
annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local or tribal governments or communities, a written 
assessment must be prepared of the costs and benefits anticipated from 
the regulatory action and any potentially effective and reasonably 
feasible alternatives of the planned regulation. As discussed in more 
detail in General Issues and the Section-by-Section analysis above, the 
final rule addresses elements used primarily by children and is limited 
to water closets, toilet stalls, lavatories and mirrors, toilet rooms, 
sinks and seating and tables. Elements covered by this rule are already 
subject to the scoping and technical provisions of ADAAG. The scoping 
and technical requirements for these elements in the final rule are 
addressed as alternatives to existing requirements which are based on 
adult specifications. These alternative specifications for elements 
used primarily by children are permitted as an exception to the adult 
specifications. As such, the application of the specifications for 
elements used primarily by children is discretionary, not mandatory. 
The Board has determined that this final rule does not meet the 
criteria for a significant rule under paragraph (1) above in that it 
will not have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. Because the final rule does not meet the criteria under 
paragraph (1) above, a regulatory assessment has not been prepared.
    The Board and the Office of Management and Budget (OMB) have, 
however, determined that this final rule meets the other criteria for a 
significant regulatory action (i.e., the final rule raises novel, legal 
or policy issues arising out of legal mandates), and OMB has reviewed 
the final rule.
    The guidelines adhere to the principles of the Executive Order. The 
Board distributed the proposed rule to state departments of education 
and education associations, the state building code authorities, and 
other responsible agencies of the 50 states to seek their review and 
comment. Those comments were carefully analyzed and the major issues 
discussed in the Section-by-Section analysis above.

Regulatory Flexibility Act Analysis

    Under the Regulatory Flexibility Act, the publication of a rule 
requires the preparation of a regulatory flexibility analysis if such 
rule could have a significant economic impact on a substantial number 
of small entities. For the reasons discussed above, the Board has 
determined that these guidelines will not have such an impact and 
accordingly, a regulatory flexibility act analysis has not been 
prepared.

Federalism Assessment

    These guidelines will have limited Federalism impacts. The impacts 
imposed upon State and local government entities are the necessary 
result of the ADA itself. Every effort has been made by the Access 
Board to lessen the impact of these guidelines on State and local 
government entities. As discussed in more detail in General Issues and 
the Section-by-Section analysis above, the final rule addresses certain 
elements used primarily by children. These alternative specifications 
for elements used primarily by children are permitted as an exception 
to the adult specifications. The application of the specifications for 
elements used primarily by children is discretionary, not mandatory and 
the Board has determined that this final rule will not have a 
substantial direct effect on States, the relationship between the 
national government and the States or on the distribution of power and 
responsibilities among the various levels of government. Accordingly, 
the preparation of a Federalism Assessment is unnecessary for purposes 
of this rule under Executive Order 12612.

Unfunded Mandates Reform Act

    Under the Unfunded Mandates Reform Act, Federal agencies must 
prepare a written assessment of the effects of any Federal mandate in a 
final rule that may result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year. Excluded from the requirements of that 
Act, are provisions which (1) enforce the constitutional rights of 
individuals; or (2) establish or enforce a statutory right that 
prohibits discrimination on the basis of race, color, religion, sex, 
national origin, age, handicap or disability. Guidelines promulgated 
pursuant to the Americans with Disabilities Act are therefore excluded 
from the application of the Unfunded Mandates Reform Act and a written 
assessment is not required for this final rule.

Enhancing the Intergovernmental Partnership

    As discussed in the supplementary information above, on July 22, 
1996, the Access Board published a NPRM in the Federal Register which 
proposed to amend ADAAG (36 CFR part 1191) by adding a special 
occupancy section to ADAAG entitled ``15. Children's Facilities.'' 
Executive Order 12875, Enhancing the Intergovernmental Partnership, 
encourages Federal agencies to consult with State and local governments 
affected by the implementation of legislation. Accordingly, following 
the issuance of the NPRM, the Access Board distributed the proposed 
rule to state departments of education and education associations, the 
state building code authorities, and other responsible agencies of the 
50 states to seek their input and comment. Over 80 responses to the 
NPRM were received, including comments from government entities, such 
as state departments of education and commissions on disability, local 
school districts, and several Federal agencies. A summary of comments 
received may be found in General Issues, the Section-by-Section 
Analysis, and in Other Issues.

List of Subjects in 36 CFR Part 1191

    Buildings and facilities, Civil rights, Individuals with 
disabilities, Transportation.

    Authorized by vote of the Access Board on July 9, 1997.
Patrick D. Cannon,
Chairperson, Architectural and Transportation Barriers Compliance 
Board.

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

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

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

    Authority: 42 U.S.C. 12204.


[[Page 2070]]


    2. Appendix A to part 1191 is amended by revising pages i, ii, 1, 
40, 41, 44, 49, 50, and 56; and adding pages 41A, 44A and 56A as set 
forth below.
    3. In part 1191, the appendix to appendix A is amended by revising 
pages A4, A7 and A10 through A14; and adding pages A4A and A14A as set 
forth below.
    The additions and revisions read as follows:

BILLING CODE 8150-01-P
      

[[Page 2071]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.043



[[Page 2072]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.044



[[Page 2073]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.045



[[Page 2074]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.046



[[Page 2075]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.047



[[Page 2076]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.048



[[Page 2077]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.049



[[Page 2078]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.050



[[Page 2079]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.051



[[Page 2080]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.052



[[Page 2081]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.053



[[Page 2082]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.054



[[Page 2083]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.055



[[Page 2084]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.056



[[Page 2085]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.057



[[Page 2086]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.058



[[Page 2087]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.059



[[Page 2088]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.060



[[Page 2089]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.061



[[Page 2090]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.062



[[Page 2091]]

[GRAPHIC] [TIFF OMITTED] TR13JA98.063



[FR Doc. 98-616 Filed 1-12-98; 8:45 am]
BILLING CODE 8150-01-C