[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]]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
[Docket No. 94-2]
RIN 3014-AA17
Americans With Disabilities Act (ADA) Accessibility Guidelines
for Buildings and Facilities; Building Elements Designed for Children's
Use
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Final rule.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) is issuing final guidelines to provide additional
guidance to the Department of Justice and the Department of
Transportation in establishing alternate specifications for building
elements designed for use by children. These specifications are based
on children's dimensions and anthropometrics and apply to building
elements designed specifically for use by children ages 12 and younger.
This rule ensures that newly constructed and altered facilities covered
by titles II and III of the Americans with Disabilities Act of 1990 are
readily accessible to and usable by children with disabilities. The
standards established by the Department of Justice and the Department
of Transportation must be consistent with these guidelines.
DATES: Effective date: April 13, 1998.
FOR FURTHER INFORMATION CONTACT: Dave Yanchulis, Office of Technical
and Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. Telephone number (202) 272-5434 extension 27 (voice) or (800)
872-2253 ext. 27 (voice); (202) 272-5449 (TTY) or (800) 993-2822 (TTY).
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by
calling the Access Board's automated publications order line (202) 272-
5434 or (800) 872-2253, by pressing 1 on the telephone keypad, then 1
again and requesting publication S-30, Building Elements Designed for
Children's Use Final Rule. Persons using a TTY should call (202) 272-
5449 or (800) 993-2822. Please record a name, address, telephone number
and request this publication. Persons who want a copy in an alternate
format should specify the type of format (audio cassette tape, Braille,
large print, or computer disk). This document is also available on the
Board's Internet site (http://www.access-board.gov/rules/child.htm).
Background
The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101
et seq.) is a comprehensive civil rights law which prohibits
discrimination on the basis of disability. Titles II and III of the ADA
require, among other things, that newly constructed and altered State
and local government buildings, places of public accommodation, and
commercial facilities be readily accessible to and usable by
individuals with disabilities. The Access Board is responsible for
developing accessibility guidelines for the construction and alteration
of such facilities so that they are accessible as required by the ADA.
The Access Board initially issued the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) in 1991 (36 CFR part 1191, appendix
A).
Under the ADA the Department of Justice is responsible for issuing
regulations to implement titles II and III of the Act. The regulations
issued by the Department of Justice include accessibility standards for
newly constructed and altered facilities covered by titles II and III
of the ADA. These standards must be consistent with the accessibility
guidelines issued by the Access Board. The Department of Justice has
adopted ADAAG as its Standards for Accessible Design, published as
appendix A to 28 CFR part 36 and intends to amend those standards by
adding the alternate specifications adopted by the Access Board for
building elements designed for use by children. Until such time as the
Department of Justice adopts these guidelines as standards, the
guidelines are advisory only and are not to be construed as
requirements.
In 1986 the Access Board issued ``Recommendations for Accessibility
Guidelines to Serve Physically Handicapped Children in Elementary
Schools.'' The report included recommended modifications or additions
based on children's sizes to certain sections of an earlier
accessibility rule, the Uniform Federal Accessibility Standards (UFAS).
The recommendations were developed to assist states in designing and
constructing accessible elementary schools. Many states and localities
have applied these recommendations to newly constructed schools serving
grades one through six.
ADAAG as published in 1991 did not provide requirements based on
children's dimensions. ADAAG includes a provision, 2.2 (Equivalent
Facilitation), which permits departures from ADAAG requirements that
provide equal or greater access. While this provision may serve as the
basis for departures from ADAAG in designing for access according to
children's dimensions, designers and others have sought specific
guidance and technical criteria in this area.
In 1992, new recommendations were developed through a research
project sponsored by the Access Board. The project studied
accessibility requirements for children with disabilities at a variety
of facilities. The Center for Accessible Housing (CAH) at North
Carolina State University in Raleigh, North Carolina conducted this
study, which included a review of codes, standards, and guidelines,
ergonomic studies and evaluation literature, and post-occupancy
evaluations of children's facilities. This study focused on facilities
serving pre-kindergarten and elementary school-aged children and, to a
lesser extent, facilities serving infants and toddlers. The recommended
guidelines developed from this study are known as ``Recommendations for
Accessibility Standards for Children's Environments,'' (referred to as
the ``CAH study'' in the preamble to this rule).1
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\1\ Print or computer disk copies of these recommendations are
available from the Access Board.
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On February 3, 1993, the Access Board published an advance notice
of proposed rulemaking (ANPRM) in the Federal Register (58 FR 6924).
The ANPRM sought comment on general issues, such as the recommended
scope of these guidelines and the ages or grades that should be
covered. The ANPRM also requested information on standards or
guidelines for children's environments currently in use, building
products and technologies currently available that specifically serve
children, and elements and features unique to children's environments
that may merit specific attention. Approximately 75 comments were
received in response to the ANPRM. Commenters included state and local
departments of education, groups representing children with
disabilities, plumbing fixture manufacturers, individuals, and design
professionals. These comments were analyzed and used in the development
of proposed guidelines.
On July 22, 1996, the Access Board issued jointly with the
Department of
[[Page 2061]]
Justice a notice of proposed rulemaking (NPRM) for children's
facilities in the Federal Register (61 FR 37964). This rule proposed
adding a special occupancy section to ADAAG entitled ``15. Children's
Facilities.'' The proposed rule modified ADAAG requirements for
application to facilities or portions of facilities constructed
primarily for use by children ages 2 through 12. Section 15 applied
ADAAG 4.1 through 4.35 but modified various requirements. Requirements
addressed reach ranges (15.2), protruding objects (15.3), handrails at
ramps and stairs (15.4), drinking fountains and water coolers (15.5),
water closets (15.6), toilet stalls (15.7), lavatories and mirrors
(15.8), storage (15.9), and fixed or built-in seating and tables
(15.10). The proposed rule asked questions about these elements and
other design considerations concerning clear floor space, knee
clearance, accessible routes, door hardware, urinals, sinks, and
signage. The proposed rule did not address play settings or fixed play
equipment which will be addressed in a separate rulemaking on
recreational facilities. The Access Board and the Department of Justice
distributed the proposed rule to state departments of education and
education associations, the state building code authorities, and other
responsible agencies of the 50 states to seek their input and comment.
Over 80 comments were received in response to the proposed rule.
The following three groups each represented approximately a quarter of
the commenters: parents of children with disabilities, most addressing
the needs of children with dwarfism; accessibility consultants and
designers, including several that specialize in the design of
children's environments; and government entities, such as state
departments of education and commissions on disability, local school
districts, and several Federal agencies. The remainder of the comments
were from local and national disability groups, manufacturers, various
trade associations, a code organization, companies that provide child
care services, and others. A summary of comments received may be found
in the following General Issues section, the Section-by-Section
Analysis, and the Other Issues section.
General Issues
This section of the rule addresses issues pertaining to the
application of the final rule. Individual provisions addressed in this
rule are discussed in detail under the Section-by-Section Analysis
below.
The final rule provides alternate specifications based on
children's dimensions as exceptions to specifications based on adult
dimensions. As exceptions, these specifications are discretionary, not
mandatory. This represents a change from the proposed rule, which
provided mandatory requirements applicable to facilities or portions of
facilities constructed according to children's dimensions. Also, the
final rule focuses more clearly on elements used primarily by children
than the proposed rule, which applied to ``facilities or portions of
facilities constructed according to children's dimensions.''
Comment. Several commenters stated that it was not clear whether
the proposed children's guidelines were mandatory requirements or
permitted alternatives to ADAAG requirements based on adult dimensions.
One commenter recommended that the children's guidelines be written as
exceptions to ADAAG requirements.
Response. Generally, buildings codes and best practices specify
that elements and facilities be provided at heights and locations
appropriate for the primary user population served. Although children
are rarely the sole occupant or user of facilities, codes and best
practices often specify that elements such as drinking fountains,
lavatories, and toilet seats be mounted at heights according to
children's size where children are the primary users. The proposed rule
was not intended to create a new obligation for covered entities to
design or construct elements according to children's dimensions and
anthropometrics. Instead, it applied mandatory specifications where
building elements are designed or constructed according to children's
dimensions and anthropometrics. In the final rule, the guidelines have
been incorporated into ADAAG as exceptions to technical requirements so
that these guidelines function as permitted departures from
requirements based on adult dimensions where certain elements are
designed for use primarily by children. The decision to use an
exception is optional but will likely be determined where best
practices or building codes call for design based on children's
dimensions. Consequently, making the requirements of this rule
discretionary should not affect the intended application of this rule
as proposed. If an exception in this rule is used, then the technical
specifications they contain or reference must be followed (although as
with any ADAAG requirement, departures providing equal or greater
access are permitted under the provision of equivalent facilitation at
ADAAG 2.2).
Comment. A majority of commenters supported the approach taken in
the proposed rule, including its organization as a special occupancy
section. However, some considered the application and scope of section
15 too vague. The proposed rule's application to ``facilities or
portions of facilities'' designed for children was an apparent source
of confusion as some commenters noted that it was not clear which types
of facilities were covered. Several commenters recommended that a
variety of facilities be specifically addressed in the final rule,
including museums, libraries, shopping malls, nurseries, day care
centers, cafeterias, and others.
Response. For clarity, the final rule has been reorganized to focus
more clearly on building elements designed for use by children instead
of facilities or portions of facilities. The specifications of the
proposed special occupancy section have been incorporated into ADAAG as
exceptions to technical requirements based on adult dimensions instead
of as a special occupancy section. These exceptions are usable
regardless of whether the facility primarily serves children, such as a
school, or equally serves adults, such as a museum, shopping mall, or
restaurant. The basis for the exception is not the type of facility,
but the provision of elements based on children's dimensions.
Comment. The proposed rule covered facilities or portions of
facilities constructed according to children's dimensions and
anthropometrics for ages 2 through 12. The dimensions of children aged
2 and older are reflected in many existing state and local education or
building design guidelines and recommendations. With respect to schools
or areas within schools serving children over 12 years old, most states
apply design standards based on adult dimensions. A majority of
comments did not support the proposed age range. While a few
recommended broadening this range to cover children younger than 2 or
older than 12, most favored reducing the range. These comments stated
that children younger than 5, including those without disabilities,
often need assistance or supervision in using elements such as water
closets. Some recommended that children's guidelines apply where
facilities or elements are designed for use by children over ages 4 or
5. A design firm that specializes in child care facilities recommended
that access not be required to all toilet rooms serving children in
child care facilities due to
[[Page 2062]]
the space and cost impact. According to this commenter, toilet rooms in
child care facilities are an ``extension of the classroom'' where,
until age 5 or 6, children learn proper health habits.
Response. The final rule covers access for children ages 12 and
younger. The age at which children independently use various building
elements such as water closets varies. Also, adult assistance and
supervision helps teach children how to use such elements by
themselves. Thus accessibility, which includes features such as grab
bars at water closets, is essential for children with disabilities to
learn how to independently use water closets and other fixtures. For
these reasons, coverage of children below age 5 has been retained in
the final rule. However, a minimum age is not specified in the final
rule since the decision to design a space or element according to
children's sizes will typically drive the use of these alternate
specifications. For example, if a toilet room is intended primarily for
young children and is designed according to children's dimensions, then
the alternate specifications will likely be used since the only
alternatives would be ADAAG requirements based on adult dimensions or
departures based on ``equivalent facilitation'' which provide equal or
greater access. Toilet rooms not designed according to children's
dimensions, including those that serve young children, do not have to
comply with the alternate specifications. Exceptions of this rule for
lavatories, sinks, and fixed seating and tables cover elements used
primarily by children ages 5 and younger and address conflicts between
current design practice and accessibility requirements. These are
further discussed below in the Section-by-Section Analysis.
Section-by-Section Analysis
This section of the preamble summarizes each of the provisions of
the final rule and the comments received in response to the proposed
rule. Where the provision in the final rule differs from that of the
proposed rule, an explanation of the modification is provided. Building
elements addressed by the proposed rule but not included in the final
rule are discussed in a following section labeled Other Issues.
2 General
2.1 Provisions for Adults and Children
The final rule contains alternate specifications based on
children's dimensions as exceptions to ADAAG technical requirement for
drinking fountains, water closets, toilet stalls, lavatories, sinks,
and fixed or built-in seating and tables. This is indicated in a
revision to a general statement in ADAAG 2.1 that previously recognized
only adult dimensions and anthropometrics. As revised in the final
rule, this provision notes that ADAAG provides alternate specifications
based on children's dimensions and anthropometrics for these elements.
4 Accessible Elements and Spaces: Scope and Technical Requirements
4.2 Space Allowances and Reach Ranges
4.2.5 Forward Reach. 4.2.6 Side Reach. The proposed rule
specified maximum and minimum mounting heights for controls and
operating mechanisms and storage elements designed for children's use.
These heights were specified for three age ranges: 36 inches (high) and
20 inches (low) for ages 2 through 4, 40 inches (high) and 18 inches
(low) for ages 5 through 8, and 44 inches (high) and 16 inches (low)
for ages 9 through 12. Consistent with CAH recommendations, these
ranges were the same for forward and side reaches. The proposed rule
also addressed the height of storage elements and referenced the reach
range requirements. The proposed reach ranges for children have been
included in the final rule as advisory information in an appendix note
to 4.2.5 (Forward Reach) and 4.2.6 (Side Reach). This information notes
that these specifications are recommended for fixed building elements
or controls designed for use primarily by children 12 and younger and
that those designed for use by adults only need not be located within
the recommended ranges. The reach ranges are consistent with the
proposed rule except that the ages covered start at 3 years instead of
2 years. ADAAG 4.25 (Storage) and 4.27 (Controls and Operating
Mechanisms) reference the reach range requirements in 4.2.5 and 4.2.6.
Since the appendix information on children's reach ranges is relevant
to these sections as well, cross references to A4.2.5 & 4.2.6 (Reach)
have been added to the appendix at A4.25 and A4.27.
Comment. The proposed rule asked whether the proposed reach ranges
were appropriate for children ages 2 through 12 (Question 3) and also
requested data on children's reaches over obstructions (Question 4).
Specifications for obstructed reaches were not proposed due to
insufficient information. Some commenters supported the proposed
specifications while others opposed the approach as too complex and
recommended that a single range be used for all ages covered. Parents
of children with dwarfism recommended further study so that the needs
of children of short stature are addressed. These commenters included
the age and measured high reach of their child although how this reach
was measured was not indicated. The average reach height by age group
among these children was 33 inches for ages 2 through 4, 41 inches for
ages 5 through 8, and 44 inches for ages 9 through 12. Some commenters
advised that the rule should exempt elements intended for adult use
only, such as fire extinguishers and alarms, electrical receptacles,
phones and intercoms, and thermostats. A few comments noted that
elements must be at least 54 inches from the floor to be considered out
of children's reach (which is the maximum permitted by ADAAG for an
adult side reach). Conversely, some comments recommended that certain
elements such as telephones and elevator controls be covered by the
children's rule. Few commenters provided information or anthropometric
data on the appropriateness of the proposed specifications or on
reaches over obstructions.
Response. The CAH study recommended a reach range of 20 inches
(low) to 36 inches (high) for all children. However, the ergonomic data
evaluated in this study did not conclusively justify limiting
specifications for children older than 4 years to this range. Reach
range specifications, including those for obstructed reaches, have not
been included in the text of the rule due to a lack of sufficient data.
The proposed specifications have been included in the final rule in the
appendix as advisory (non-mandatory) information. This information will
provide guidance where certain building elements, such as lockers, and
controls are to be designed according to the dimensions of children
ages 12 and younger.
4.8 Ramps
4.9 Stairs
The proposed rule required a second set of handrails at ramps and
stairs that serve elements or spaces constructed according to
children's dimensions. This requirement specified a mounting height of
20 to 28 inches measured from the ramp surface or stair nosing to the
top of the gripping surface. These specifications were derived from the
CAH study and were similar to several state requirements or
recommendations. ADAAG requires a mounting height of 34 to 38 inches
for handrails based on
[[Page 2063]]
adult dimensions. A requirement for secondary handrails has not been
included in the text of the final rule. However, advisory information
on lower handrails has been added to the appendix at A4.8 and A4.9.
This information recommends a secondary set of handrails at ramps or
stairs in facilities that primarily serve children, such as elementary
schools. A maximum handrail height of 28 inches is recommended. It is
also recommended that the vertical clearance between handrails be at
least 9 inches in order to reduce the risk of entrapment.
Comment. The vertical clear space between the handrails required by
ADAAG and the proposed lower rail for children's use could range from
4\1/2\ to 16\3/4\ inches. The proposed rule sought comment on whether
this posed an entrapment hazard (Question 6) and whether a clearance of
as a little as 4\1/2\ inches was sufficient for gripping the lower rail
(Question 7). Most commenters stated that this requirement would pose
an entrapment hazard. Several noted specifications in model codes that
address openings such as those between vertical guardrails which
require them to be spaced or to have a pattern that prevents passage of
a 4 inch sphere (1994 UBC section 509.3, BOCA Section 1021.3 1996).
Several comments indicated that certain guidelines, such as the
Consumer Product Safety Commission Handbook for Playground Safety,
consider openings between 3\1/2\ inches and 9 inches to be a hazard.
Some commenters recommended a height of 26 to 28 inches as safer and
noted that a rail as low as 20 inches can become a climbing structure
or produce a ``ladder effect.'' One commenter cited research which
suggests that children over age 7 can use handrails at adult heights.
Comments were divided on the question of whether a 4\1/2\ inch vertical
clearance between handrails will allow sufficient room for grasping the
lower rail. Some considered the 4\1/2\ inch clearance sufficient while
almost an equal number did not and recommended minimum clearances
ranging from 6 to 9 inches.
Response. A requirement for lower handrails has not been included
in the final rule. Additional guidance has been added to an appendix
note at A4.8.5 (Handrails) which recommends a second set of handrails
where children are the principal users in a building or facility. The
final rule adds a recommendation for a maximum height of 28 inches for
the lower handrail and a vertical clearance between handrails of at
least 9 inches. A reference to this appendix note is provided for
stairs at A4.9.5 (Handrails).
ADAAG 4.8 (Ramps) specifies that the ramp slope not exceed 1:12 and
limits the rise of each run to 30 inches. The Board sponsored a
research project conducted by the Center for Universal Design at North
Carolina State University to re-evaluate specifications for ramps.
Completed in 1996, this study included subject testing with a test
sample of more than 170 subjects. However, only a small portion (2.9%)
of subjects were under age 16. The overall conclusion of this study was
to retain without change existing ADAAG technical requirements for
ramps, including those for slope and rise. The study noted that age
seemed to have little bearing on the ability of subjects to use
ramps.\2\
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\2\ ``A Review of Technical Requirements for Ramps,'' 1996 is
available from the Board in hard copy and on computer disk.
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The CAH children's study and comments to the ANPRM considered the
1:12 maximum slope too steep for children and recommended slopes of
1:16 to 1:20 to take into account the differences in strength and
stamina between children and adults. The CAH study also recommended a
maximum length run of 20 feet for ramps in children's's facilities
since children do not have as much strength as adults in negotiating
longer ramps. For ramps with a maximum slope of 1:12, ADAAG requires a
maximum length of 30 feet for each run.
Comment. The Board sought comment on whether a lower slope should
be specified for ramps designed for children's use (Question 23) and
whether ramps should be limited to a 20 foot length (Question 24).
Commenters were divided on both questions. Comments supporting a lower
slope varied in their recommendations between a 1:16 maximum, a 1:20
maximum, or a range in between. Some commenters opposed a lower slope
and shorter length due to the space impact of shallower ramps and
additional intermediate landings. A few commenters deferred to the
Board's ramp study.
Response. Alternate specifications for ramps based on children's
strength and stamina are not included in the final rule. Further study
is considered necessary to determine whether alternative criteria are
necessary for children with disabilities.
4.15 Drinking Fountains and Water Coolers
This section of the rule modifies ADAAG 4.15 (Drinking Fountains
and Water Coolers) by providing an exception for drinking fountains
used primarily by children ages 12 and younger. ADAAG 4.15.5(1)
requires that drinking fountains cantilevered from walls or posts
provide knee clearance (27 inches minimum) and toe clearance (9 inches
minimum) below the unit for a forward approach. Under the exception
provided in the final rule, these clearances are not required at units
designed for use primarily by children ages 12 and younger so long as
space for a parallel approach is provided and the spout is no higher
than 30 inches from the ground or floor surface. This differs from the
proposed rule, which specified a maximum spout height of 30 inches but
also required a minimum knee clearance of 24 inches and a minimum toe
clearance of 12 inches.
Comment. Comment was sought on whether products are currently
available that meet the proposed specifications and, if not,
information was requested on conflicting product or design
specifications (Question 9). Several comments indicated that products
meeting the proposed specifications are available but did not specify a
type or model. Several other commenters, including a manufacturer of
drinking fountains, stated that refrigerated units that meet the
criteria are not available. The main conflict is the required knee and
toe clearances which do not permit space for the refrigeration system
below units mounted to provide a 30 inch spout height. Non-refrigerated
units may meet these requirements if a remote chiller is used.
According to the manufacturer, units with a refrigeration system
located both above and below the top of the unit could be developed
although the costs and volume potential for such units are not
currently known.
Response. The final rule does not require knee and toe clearance
below units mounted at children's heights (30 inch maximum spout
height) so long as space for a parallel approach complying with 4.2.4
is provided. While a forward approach is preferred for easier access,
this exception is provided due to remaining questions about the
availability of complying products and the impact of possible design
and product solutions that, in effect, may discourage provision of
drinking fountains at children's heights.
4.16 Water Closets
This section of the rule modifies ADAAG 4.16 (Water Closets) by
providing an exception for water closets used primarily by children
ages 12 and younger. Under this exception, compliance with 4.16.7
(Water Closets
[[Page 2064]]
for Children), is permitted as an alternative to the specifications in
sections 4.16.2 through 4.16.6. This subsection tracks 4.16 (Water
Closets) in providing requirements for clear floor space, the height of
water closets, grab bars, flush controls and dispensers and provides
specifications from the proposed rule derived from the CAH study. Most
of these provisions provide specifications as a range. An appendix note
provides additional guidance on applying these specifications according
to three age groups: 3 and 4, 5 though 8, and 9 through 12.
Comment. The proposed rule provided specifications for water
closets in a chart according to three age groups: 2 through 4, 5
through 8, and 9 through 12. The Board sought information on alternate
specifications that would singularly serve children ages 2 through 12
(Question 10). Comments did not recommend alternative specifications
but did question the need to include requirements for children 2 to 4
years old since children of this age, including those without
disabilities, may need adult assistance in using water closets. Several
considered different specifications based on three age groups confusing
and urged simplification of this section.
Response. In the final rule, the specifications for the three age
groups have been combined into a single range for simplicity. An
appendix note to 4.16.7 provides guidance in applying these
specifications according to the three age groups. In addition, the
youngest age range has been changed from ``2 to 4 years'' to ``3 and 4
years.'' However, this appendix information is advisory so that the
specifications for this table can be applied to water closets serving
children younger than three years as appropriate.
4.16.7(1) Clear Floor Space. Section 4.16.7(1) (Clear Floor Space)
requires that water closets which are not located in stalls comply with
Figure 28 except that the centerline of the water closet shall be 12
inches minimum to 18 inches maximum from the side wall or partition.
ADAAG specifications based on adult dimensions in 4.16.2 require a
centerline placement of 18 inches absolute. An appendix note to 4.16.7
recommends a centerline placement of 12 inches for children ages 3 and
4, 15 inches for children ages 5 through 8, and 15 to 18 inches for
children ages 9 through 12. These specifications are the same as those
in the proposed rule. Few comments addressed this requirement.
4.16.7(2) Height. Section 4.16.7(2) (Height) specifies that the
height of water closets be 11 to 17 inches measured to the top of the
toilet seat and prohibits seats that are sprung to return to a lifted
position. ADAAG 4.16.3 (Height) requires a height of 17 to 19 inches
for water closets serving adults. The appendix recommends a seat height
of 12 inches for ages 3 and 4, 12 to 15 inches for ages 5 through 8,
and 15 to 17 inches for ages 9 through 12. These specifications are
consistent with those of the proposed rule.
4.16.7(3) Grab Bars. Section 4.16.7(3) (Grab Bars) requires that
grab bars be provided on the side and rear wall at toilets as shown in
Figure 29 but requires a mounting height of 18 to 27 inches instead of
33 to 36 inches as is specified for adults. The rear grab bar is
required to be at least 36 inches long. An appendix note recommends a
grab bar height between 18 to 20 inches for ages 3 and 4, 20 to 25
inches for ages 5 though 8, and 25 to 27 inches for ages 9 through 12.
Comment. The heights specified for grab bars will conflict with
most tank-type water closets. The proposed rule asked whether tank-type
models are commonly used in facilities serving children and requested
information on the cost difference between water closets with tanks and
those without (Question 11). A majority of commenters indicated that
water closets with tanks are rarely used in children's facilities
because of maintenance and safety considerations. Some commenters noted
that water closets with tanks are typically used where the water
pressure is insufficient to use water closets with flush valves. A few
noted that facility capacity, operation, and maintenance policies may
be a factor in this determination as well. Of the few comments
providing cost estimates, there was little consensus. Estimates
included a 100 percent increase in the cost of water closets without
tanks while another considered the cost to be about the same. One
designer suggested a $300 to $400 cost increase, including
installation, in the use of water closets without tanks. A few
commenters indicated that complying products with tanks are available.
Response. A rear grab bar is essential for access to water closets.
While there may be a cost increase in the use of complying models with
tanks or models without tanks, such an impact will occur only in those
limited instances where a standard tank-type model is preferred. The
requirement for rear grab bars has been retained in the final rule.
Comment. The proposed rule asked whether the grab bar heights
specified for children conflict with any building or plumbing code
requirements for flush control location, size, or height (Question 12).
Most comments indicated that a rear grab bar mounted at the proposed
heights will conflict with industry standards for flush controls rather
than building or plumbing codes. According to commenters, standard
flush control design requires a clearance of approximately 14 to 17
inches above the top of the toilet seat (which includes approximately 3
inches for maintenance and replacement). Several comments recommended
design solutions including concealing the flush valve unit in the wall
or plumbing chase or splitting the rear grab bar.
Response. An exception is provided in the final rule that allows
the rear grab bar to be split or to be shifted to the open side of the
water closet where the flush control location required by
administrative authorities conflicts with the grab bar. Since water
closets designed for children may be located closer to the side wall
(12 to 18 inches centerline), splitting the rear grab bar may not
always be practicable. Consequently, this exception permits a shorter
rear grab bar 24 inches long minimum on the open side of the toilet
area at water closets with a centerline placement below 15 inches.
Comment. The proposed rule specified a 1 to 1\1/4\ inch diameter
for grab bars, which differs from the 1\1/4\ to 1\1/2\ inch diameter
ADAAG requires for adults in ADAAG 4.26 (Handrails, Grab Bars, and Tub
and Shower Seats). With respect to handrails at ramps and stairs, the
proposed rule asked whether this should be specified as an outer
diameter since industry practice specifies pipe size by the inner
diameter (Question 8). Under a 1\1/4\ inch specification, this could
lead to an outer diameter of 1\5/8\ inches. Commenters supported an
outer diameter specification of 1 to 1\1/4\ inches but an equal number
either preferred the 1\1/4\ to 1\1/2\ inch range or suggested allowing
a 1\5/8\ inch outer diameter. One commenter noted that a 1\1/2\ inch
diameter is better for children ages 5 through 12 but did not include
any supporting data. The vast majority of comments stressed that the
specification should address the outer diameter of handrails so that
there is less ambiguity in the use of pipe.
Response. The proposed requirement for a 1 to 1\1/4\ inch grab bar
diameter has not been retained in the final rule. The requirement for
grab bars in 4.16.7(3) references ADAAG 4.26, which specifies a 1\1/4\
to 1 \1/2\ inch diameter for grab bars and handrails. ADAAG Figure 39
indicates that this applies to the outer diameter; however standard
pipe sizes designated by the industry as 1\1/4\ inch to 1\1/2\ inch are
acceptable. A requirement for handrails designed for
[[Page 2065]]
children at ramps and stairs has not been included in the final rule.
Comment. Some building codes require grab bars to have textured
surfaces. The proposed rule asked whether grab bars for children should
be textured and, if so, which types of texturing are most effective
(Question 13). Most comments supported such a requirement and
recommended knurled or peened textures, standard brush finishes, and
rubber covering. Several comments noted that some textures are hard to
clean and may not meet sanitation requirements. One comment from a
local disability group stated that further study was needed.
Response. Further information is needed on the appropriateness and
effectiveness of various textures before requiring grab bars to be
textured. A requirement for texturing is not included in the final
rule.
4.16.7(4) Flush Controls. Section 4.16.7(4) (Flush Controls)
requires flush controls for water closets serving children to be hand
operated or automatic and meet requirements for controls and operating
mechanisms in ADAAG 4.27.4 (Operation). It also specifies that flush
valves must be mounted on the wide side of the toilet no more than 36
inches above the floor. The proposed rule required that flush controls
be located within the reach ranges proposed for three age groups: a
maximum 36 inch height at water closets serving children ages 2 through
4, a 40 inch height at those serving children ages 5 through 8, and a
44 inch maximum height at those serving children ages 9 through 12.
Comment. The proposed rule asked whether these heights conflict
with any plumbing codes, industry practices, or design practices
(Question 14). Most commenters responding to this question noted that
industry conventions for flush controls will conflict with the
requirement for grab bars mounted 20 to 27 inches high on the wall
behind the water closet. Conventional flush control design requires a
clearance above the toilet seat of approximately 14 to 17 inches
according to several comments.
Response. The final rule specifies a maximum height of 36 inches
for flush controls at water closets serving children 12 and younger and
does not recognize higher heights for older children within this age
range. Since information from commenters indicates that this height
will not conflict with plumbing or design and industry practices, this
change has been made for easier access and simplicity. An exception to
the requirement for rear grab bars has been provided to address
conflicts between industry conventions for flush controls and rear grab
bars. See 4.16.7(3) (Grab Bars) above.
4.16.7(5) Dispensers. Section 4.16.7(5) (Dispensers) requires
toilet paper dispensers to be 14 to 19 inches above the finished floor
measured to the dispenser centerline and prohibits those that control
delivery or that do not provide continuous paper flow. ADAAG 4.16.6
(Dispensers) requires a 19 inch minimum height at water closets
designed for adults. The appendix recommends a dispenser height of 14
inches for ages 3 and 4, 14 to 17 inches for ages 5 through 8, and 17
to 19 inches for ages 9 through 12. Few comments addressed these
specifications and no substantive changes have been made in the final
rule.
4.17 Toilet Stalls
This section of the rule modifies ADAAG 4.17 (Toilet Stalls) by
providing an exception for toilet stalls used primarily by children
ages 12 and younger. Under this exception, compliance with 4.17.7
(Toilet Stalls for Children) is permitted as an alternative to
specifications in 4.17 based on adult dimensions. This subsection is
modeled after 4.17.2 through 4.17.6 in providing requirements for water
closets, stall size and arrangement, toe clearances, doors, and grab
bars. The specifications it contains are derived from the CAH study and
were included in the proposed rule. An appendix note to 4.17.7
references recommendations in A4.16.7 for water closets, grab bars, and
dispensers based on three age groups: 3 and 4, 5 through 8, and 9
through 12.
4.17.7(1) Water Closets. Section 4.17.7(1) (Water Closets) requires
water closets to comply with 4.16.7 (Water Closets for Children).
4.17.7(2) Size and Arrangement. Section 4.17.7(2) (Size and
Arrangement) is consistent with ADAAG requirements for stalls based on
adult dimensions in 4.17.3 (Size and Arrangement) except for water
closet placement and minimum stall depth. In stalls designed for use
primarily by children, the centerline of water closets is required to
be 12 to 18 inches from the side wall or partition. This is consistent
with the requirement for children's water closets not located in stalls
at 4.16.7(1). It also requires a minimum depth for standard stalls of
59 inches, including where a wall-mounted water closet is provided.
ADAAG specifications based on adult dimensions permit a 56 inch minimum
stall depth where wall-mounted water closets are provided since
additional toe clearance below the fixture is available. This 3 inch
``credit'' is not permitted for standard stalls designed for children
because the lower mounting height of children's water closets provides
less clearance. The CAH study indicated that children using wheelchairs
need a higher clearance because their footrests are set higher from the
floor than an adult's footrests. This requirement also applies to
alternate toilet stalls required to be at least 69 inches deep.
Comment. The proposed rule asked for information on the cost impact
of requiring a 59 inch minimum depth for accessible standard stalls
serving children (Question 15). Several comments indicated that the
cost impact is minimal.
Response. The stall depth requirements of the proposed rule have
been retained in the final rule.
4.17.7(3) Toe Clearances. Section 4.17.7(3) (Toe Clearances)
requires that in standard stalls, the front partition and at least one
side partition be at least 12 inches above the floor to provide toe
clearance. ADAAG requirements based on adult dimensions specify a
minimum 9 inch toe clearance. The 12 inch specification is based on a
recommendation from the CAH study which indicated that children's
wheelchair footrests are generally higher than those of wheelchairs
used by adults.
Comment. ADAAG requirements based on adult dimensions do not
specify a toe clearance at stalls deeper than 60 inches. The proposed
rule asked whether the 12 inch toe clearance should be required in
children's stalls deeper than 60 inches (Question 16). Commenters were
evenly split on this question. Several designers noted that partitions
are typically mounted from 12 to 14 inches above the floor.
Response. In the final rule, a 12 inch toe clearance is required
for stall partitions without respect to the compartment depth. This
additional maneuvering room is necessary within the confined space of
toilet stalls because children using wheelchairs may not be as skilled
in maneuvering as adults.
Comment. The proposed rule also asked whether a 12 inch toe
clearance compromises privacy at water closets serving children ages 2
through 4 which may have a seat height of 11 to 12 inches (Question
17). Several comments stated that this would compromise privacy while a
similar number said that it would not, with some noting that the angle
of visibility is a factor. Some comments felt that privacy should not
be compromised while others noted that this was less of an issue among
children ages 2 through 4.
Response. The final rule retains the 12 inch minimum toe clearance.
Where
[[Page 2066]]
privacy is a concern at stalls serving young children, a seat height
slightly higher than that recommended in the appendix for children ages
3 or 4 (11 to 12 inches) can be used.
4.17.7(4) Doors. Section 4.17.7(4) (Doors) requires that stall
doors comply with ADAAG 4.17.5 (Doors), which references section 4.13
(Doors and Doorways) and specifies maneuvering clearances. It does not
include different specifications based on children's dimensions and is
consistent with the proposed rule.
4.17.7(5) Grab Bars. Section 4.17.7(5) (Grab Bars) requires that
grab bars meet the requirements of ADAAG 4.16.7 (Grab Bars) and Figure
30 (a) through (d) but specifies a mounting height of 18 to 27 inches
above the finished floor measured to the grab bar centerline instead of
the 33 to 36 inches specified for adults. In the appendix, a cross
reference is provided to A.4.16.7, which recommends mounting heights
within this range based on three age groups: 3 and 4, 5 though 8, and 9
through 12. These specifications are consistent with those of the
proposed rule except that the requirement for a 1 to 1\1/4\ inch grab
bar diameter has not been included in the final rule as discussed above
at 4.16.7(3) (Grab Bars). An exception is provided where the required
location of flush controls for flush valves conflicts with the rear
grab bar. This exception is discussed at 4.16.7(3) above.
4.19 Lavatories and Mirrors. ADAAG 4.19 provides specifications for
lavatories and mirrors that are based on adult dimensions. Section
4.19.2 (Height and Clearances) specifies a maximum rim or counter
height of 34 inches, an apron clearance of at least 29 inches, a
minimum knee clearance of 27 inches, and a minimum toe clearance of 9
inches. Section 4.19.3 (Clear Floor Space) requires that the clear
floor space below the fixture be 17 to 19 inches deep. The final rule
provides an exception (number 1) for lavatories used primarily by
children ages 6 through 12. This exception permits an apron and knee
clearance of 24 inches minimum provided that the rim or counter surface
is no higher than 31 inches. Specifications in the proposed rule for
the apron clearance (27 inches minimum), toe clearance (12 inches
minimum), and the depth of usable clear floor space below the fixture
(14 inches maximum) have not been retained in the final rule. The
proposed maximum height for the rim or counter surface of 30 inches has
been increased to 31 inches. The final rule includes another exception
(number 2) under which lavatories used primarily by children ages 5 and
younger need not provide these clearances if space for a parallel
approach is provided.
Comment. A number of comments indicated that a rim or counter
height below 30 inches better serves young children. Most recommended
heights fell within a range of 20 to 24 inches for children ages 2 to
5. A few comments noted that in child care facilities, exposed pipes
can pose an entrapment hazard and enclosed cabinets are used to prevent
such hazards.
Response. Since the standard height of lavatories designed for
children 5 years and younger will not accommodate the specified knee
clearance (24 inches minimum), clearances for a forward approach are
not required at them if space for a parallel approach complying with
4.2.4 is provided. Under this exception, space below lavatories can be
enclosed.
Comment. The proposed rule asked whether products are currently
available that meet the proposed specifications for lavatories and if
not, what the conflicts are with product specifications or designs
(Question 18). Most comments noted that complying products are
available, including wall-hung and counter top products. Several
commenters, including a major manufacturer of lavatories, indicated
that a 30 inch maximum height for the rim or counter surface and the
proposed 27 inch high apron clearance would permit a fixture thickness
of only 3 inches which will not allow adequate structural strength to
be built into prefabricated units. In addition, a 6 inch bowl depth and
a 12 inch toe clearance leave only 12 inches for two supply pipes, one
drain, and a stopper assembly. Information from manufacturers indicates
that at least 7 inches is needed between the knee clearance and the rim
or counter surface to accommodate lavatory bowls as currently designed.
Response. The proposed requirement for a 27 inch minimum apron
clearance and a 12 inch minimum toe clearance have not been included in
the final rule. According to the CAH study, a higher toe clearance
better serves children (as is recognized for stall partitions in
4.17.7(3) above). However, the standard 9 inch minimum clearance will
permit space needed for plumbing. To a certain extent, the height of
toe clearance at lavatories is related to the depth of clear floor
space below the fixture. Younger children will likely benefit the most
from a higher toe clearance; however, their smaller stature may require
less pull-up space below the fixture. The 14 inch maximum depth
specified in the proposed rule has not been retained in the final rule.
The 17 to 19 inch depth specified for this space in ADAAG for adults
will maximize the clearance beyond the knee space at lavatories
designed for children. The maximum height for the rim or counter
surface has been increased from 30 to 31 inches in order to provide
sufficient space for the bowl. Consistent with ADAAG specifications for
adult lavatories, this will allow 7 inches instead for 6 inches
measured from the knee clearance.
Comment. The CAH study recommended that faucets be located within
14 inches from the leading edge of lavatories so that they are within
reach for children using wheelchairs. As noted in the proposed rule,
the Texas State Building Code (section 2.1.1, Texas Accessibility
Standards, April 1, 1994) requires a maximum 18 inch distance at
lavatories serving children ages 4 through 11. The proposed rule
requested comment on faucet locations no more than 14 inches from the
lavatory leading edge and aside or in front of bowls and requested
information on new technologies such as automatic sensors (Question
19). Most commenters supported the 14 inch maximum distance and a
number advocated automatic sensor faucets. A few commenters supported
location of faucets aside bowls. A lavatory manufacturer noted that
there have been advancements in the technology used for automatic
sensors and that they are easy to maintain, have very few internal
moving parts, are less prone to vandalism, and have longer replacement
cycles. A design firm noted that it currently specifies automatic
sensors for children's lavatories. Several commenters considered the 14
inch maximum appropriate for children ages 2 through 4.
Response. Further information is needed on the appropriateness of
requiring faucets to be located no more than 14 inches from the leading
edge of lavatories designed for children ages 5 through 12. The
specification in the Texas State Building Code suggests that while a 14
inch maximum distance will serve children ages 2 through 4, a greater
distance may be acceptable for older children. Because alternative
technologies such as automatic sensors are available, the location or
distance of faucets has not been specified in the final rule.
Additionally, ADAAG Figure 32 requires lavatories to have a horizontal
depth of at least 17 inches; fixtures of this depth may permit rear-
mounted faucets to be within reach for older children.
Comment. The proposed rule specified that the bottom edge of
mirrors above lavatories be mounted no higher than 34 inches above the
floor. ADAAG
[[Page 2067]]
4.19.6 specifies a 40 inch maximum height based on adult dimensions but
recommends full length mirrors to accommodate the broadest range of
people, including ambulatory persons, people using wheelchairs, and
children. The CAH study recommended full length mirrors, which are
commonly provided in elementary school toilet rooms, as mirrors above
lavatories are too high for many children to use. The proposed rule
sought comment on whether full length mirrors should be required in
children's toilet rooms along with clear floor space in front of the
mirror outside the swing of doors (Question 20). A majority of
commenters supported a requirement for full length mirrors. One design
firm indicated that many schools are against placement of mirrors above
lavatories. Some opposed or were concerned about such a requirement
unless specifications on a minimum mounting height or mirror
composition were addressed to prevent breakage. Several recommendations
for a minimum mounting height ranged from 6 to 18 inches. A few
commenters considered slanted mirrors to work well. One comment urged
that any requirement for full length mirrors include appropriate
specifications such as size and mounting height and that developing
these specifications may require study. Several commenters supported a
requirement for clear floor space at mirrors that is outside the door
swing.
Response. Specifications for mirror size and height have not been
included in the final rule due to insufficient information on what
these specifications should be. A recommendation for clear floor space
30 by 48 inches for a forward approach at mirrors that is outside the
swing of doors has been added to the appendix note to 4.19.6 which
addresses full length mirrors. The appendix also recommends that
mirrors located above lavatories designed for children be mounted
either at a maximum height of 34 inches (measured from the floor to the
bottom edge of the reflecting surface) or at the lowest mounting height
permitted by fixtures and related elements.
4.24 Sinks
ADAAG provides technical requirements for sinks based on adult
dimensions in 4.24 (Sinks) but does not apply them or indicate which
sinks must meet this criteria. The CAH study provided recommendations
for sinks designed for children. Like those for lavatories, these
recommendations included a maximum rim or counter height of 30 inches
and a knee clearance at least 24 inches high. The final rule provides
an exception (number 1) for sinks designed for use primarily by
children ages 6 through 12. This exception, located at 4.24.3 (Knee
Clearance), permits a knee clearance of 24 inches instead of 27 inches
provided that the rim or counter height is no higher than 31 inches.
These specifications are consistent with those provided for lavatories
serving children in 4.19.2. The final rule includes another exception
(number 2) under which lavatories used primarily by children ages 5 and
younger need not provide these clearances if space for a parallel
approach is provided.
Comment. The proposed rule noted that standard mounting heights for
sinks serving young children may be 24 to 26 inches high according to
some state requirements for educational facilities and asked whether
product or design solutions are available that meet both the CAH
recommendations and specifications appropriate for standing children
(Question 27). Several comments indicated that products are available
that meet the CAH recommendations but they did not indicate whether
they would also serve young children who do not use wheelchairs.
Response. Since the standard height of sinks designed for children
5 years and younger will not accommodate the specified knee clearance
(24 inches minimum), clearances for a forward approach are not required
at them if space for a parallel approach complying with 4.2.4 is
provided.
4.32 Fixed or Built-in Seating and Tables
ADAAG 4.1.3(18) requires that at least 5 percent of fixed seating
and tables comply with 4.32 (Fixed or Built-in Seating and Tables).
This section of the rule modifies ADAAG 4.32 by providing an exception
for fixed or built-in seating and tables used primarily by children
ages 12 and younger. Under this exception, compliance with 4.32.5
(Children's Fixed or Built-in Seating and Tables) is permitted as an
alternative to the specifications in sections 4.32.2 through 4.32.4.
Section 4.32.5 provides requirements for seating, knee clearance, and
table or counter height. An exception to 4.32.5 is provided in the
final rule for tables or counters used primarily by children ages 5 and
younger. Under this exception compliance with the requirements of
4.32.5 is not required if wheelchair space parallel to tables and
counters is provided.
4.32.5(1) Seating. This provision requires that wheelchair space be
provided at fixed tables or counters and that this clear floor space
not overlap knee space by more than 19 inches. This provision is
consistent with 4.32.2 (Seating).
4.32.5(2) Knee Clearances. This provision requires that where
wheelchair seating space is provided at tables or counters, knee space
at least 24 inches high, 30 inches wide, and 19 inches deep be
provided. This requirement differs from 4.32.3 (Knee Clearances), which
specifies a minimum knee clearance of 27 inches.
4.32.5(3) Height of Tables or Counters. This section requires that
the tops of accessible tables and counters be 26 to 30 inches above the
finish floor or ground. This is different from 4.32.4 (Height of Tables
or Counters) which specifies a table or counter top height of 28 to 34
inches.
Comment. Several comments advised that lower heights within a range
of 16 to 20 inches are often preferred or specified for children 2 to 4
years old.
Response. The exception provided in 4.32.5 for tables and counters
used primarily by children ages 5 and younger permits lower surface
heights where clear floor space complying with 4.2.4 parallel to the
table or counter is provided.
Other Issues
Door Hardware
The Board sought comment on the mounting height of door hardware.
The CAH study recommended that door hardware be mounted 30 to 34 inches
high for children with disabilities, instead of the 48 inch maximum
specified by ADAAG 4.13.9 (Door Hardware). The proposed rule asked
whether this height would serve adults adequately (Question 25).
Comment. Support was expressed for a height up to 34 inches but
several designers considered this below the standard mounting height
for adults, which is within a range of 36 to 42 inches.
Response. An alternative height for door hardware based on
children's dimensions is not provided in the final rule. ADAAG 4.13.9
permits hardware to be mounted below 48 inches.
Signage
Tactile signs are required by ADAAG 4.30.6 (Mounting Location and
Height) to be mounted 60 inches from the floor measured to the sign
centerline. Since this is above the reach height of children, the Board
sought comment on whether tactile signs should be provided to serve
children as well as adults and, if so, whether there was an
[[Page 2068]]
alternative mounting height that would adequately serve both (Question
28).
Comment. A majority of comments indicated that signage is usually
intended for use by adults. There was little consensus among commenters
supporting an alternative height that would serve children and adults.
Response. An alternative mounting height for tactile signage is not
included in the final rule.
Protruding Objects
ADAAG 4.4 (Protruding Objects) specifies that elements mounted on
walls such as phones and light fixtures not project more than 4 inches
from the wall surface if the leading edge is above 27 inches from the
floor. It also specifies that free-standing objects on posts and pylons
may overhang 12 inches maximum if the leading edge is above 27 inches
from the floor. The 27 inch height is based on the cane sweep of people
with vision impairments and range of detection. The cane sweep of
children with vision impairments is typically lower. The proposed rule
reduced the 27 inch height to 12 inches based on recommendations from
the CAH study. This requirement was intended to apply to routes serving
facilities or portions of facilities constructed according to
children's dimensions and anthropometrics.
Comment. The proposed rule sought comment on whether the proposed
requirement for protruding objects should apply only to routes serving
facilities or portions of facilities or whether it should also apply to
routes leading only to an element designed for children (Question 2).
Most comments recommended that the requirement should not apply to
routes leading to single elements designed for children. An
organization representing people with vision impairment opposed
projections with leading edges below 12 inches since children are not
as skilled as adults in using canes. The proposed rule also asked about
the cost impact of the proposed requirement since it would generally
require elements with required knee and toe clearance, such as drinking
fountains, to be located in alcoves or to be protected by walls,
partitions, or other features. Few commenters provided information in
response to this question. Several comments suggested costs between
$200 to $500 for wings walls or partitions at a fixture. One commenter
recommended that the proposed requirement not apply to those elements
required to provide knee clearance.
Response. The final rule has been revised to more clearly focus on
elements designed for use primarily by children. Modified
specifications for protruding objects however would apply to other
elements, including those designed for adult use, along circulation
paths. The application of the proposed specification would be difficult
to determine or be a source of confusion. Further, an organization
representing people with vision impairments suggested that further
study in this area may be advisable. Specifications for protruding
objects based on children's dimensions are not included in the final
rule.
Urinals
The CAH study recommended that urinal rims be 14 inches high
maximum and that flush controls be 30 inches high maximum above the
floor instead of the 17 inch rim height and the 44 inch flush control
height specified by ADAAG 4.18 (Urinals).
Comment. The proposed rule asked whether product or design
solutions are available that meet these specifications and code
requirements (Question 26). Some comments stated that they were not
aware of complying products but suggested design solutions for the
mounting height of flush controls. These included mounting the flush
control on the floor or next to the urinal on the wall, automatic or
electric sensors, or push button controls.
Response. The Board considers additional information on design
alternatives necessary before issuing specifications for urinals based
on children's dimensions.
Clear Floor Space and Accessible Routes
The CAH study recommended wider widths for clear floor space and
accessible routes since a child's upper body strength and maneuvering
skill is not as developed as those of an adult. The study recommended a
minimum clear floor space width of 36 inches instead of 30 inches and a
minimum clear width for accessible routes of 44 inches instead of 36
inches.
Comment. The proposed rule asked whether these recommendations
should be included in the final rule (Questions 21 and 22). A slight
majority of comments opposed both these recommendations. Of the few
comments providing a reason for support or opposition, most addressed
cost and space impacts. Some considered the impact to be minimal while
others considered it to be significant.
Response. Alternate specifications for clear floor space and
accessible routes are not included in the final rule.
Classroom Acoustics
Comment. Organizations representing people who are hard of hearing
as well as audiological and acoustical trade associations and
consultants recommended that the final rule provide acoustical
performance standards for classrooms. These commenters recommended
specifications for background noise levels, reverberation time, and the
signal to noise ratio.
Response. Acoustical standards have not been included in the final
rule because none had been proposed and made available for public
comment. While acoustics is an important consideration not only in
classrooms but other spaces as well, it has not been addressed at this
time.
Technical Assistance
The Access Board provides technical assistance and training for
entities covered under the Americans with Disabilities Act. The Access
Board's toll-free number allows callers to receive technical assistance
and to order publications. The Access Board conducts in-depth training
programs to advise and educate the general public, as well as
architects and other professionals on the accessibility guidelines and
requirements. In addition, the Access Board is developing a manual for
use by both technical and general audiences. The general manual on
ADAAG requirements will be a useful tool in understanding ADAAG whether
for purposes of compliance or as a reference for accessible design.
Regulatory Process Matters
Regulatory Assessment
These guidelines are issued to provide guidance to the Department
of Justice and the Department of Transportation in establishing
alternate specifications for new construction and alteration of
building elements designed for use by children in facilities covered by
titles II and III of the ADA. The standards established by the
Department of Justice and the Department of Transportation must be
consistent with these guidelines.
Under Executive Order 12866, the Board must determine whether these
guidelines are a significant regulatory action. The Executive Order
defines a ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or
[[Page 2069]]
State, local, or tribal governments or communities;
(2) Create a serous inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
For significant regulatory actions that are expected to have an
annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or tribal governments or communities, a written
assessment must be prepared of the costs and benefits anticipated from
the regulatory action and any potentially effective and reasonably
feasible alternatives of the planned regulation. As discussed in more
detail in General Issues and the Section-by-Section analysis above, the
final rule addresses elements used primarily by children and is limited
to water closets, toilet stalls, lavatories and mirrors, toilet rooms,
sinks and seating and tables. Elements covered by this rule are already
subject to the scoping and technical provisions of ADAAG. The scoping
and technical requirements for these elements in the final rule are
addressed as alternatives to existing requirements which are based on
adult specifications. These alternative specifications for elements
used primarily by children are permitted as an exception to the adult
specifications. As such, the application of the specifications for
elements used primarily by children is discretionary, not mandatory.
The Board has determined that this final rule does not meet the
criteria for a significant rule under paragraph (1) above in that it
will not have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. Because the final rule does not meet the criteria under
paragraph (1) above, a regulatory assessment has not been prepared.
The Board and the Office of Management and Budget (OMB) have,
however, determined that this final rule meets the other criteria for a
significant regulatory action (i.e., the final rule raises novel, legal
or policy issues arising out of legal mandates), and OMB has reviewed
the final rule.
The guidelines adhere to the principles of the Executive Order. The
Board distributed the proposed rule to state departments of education
and education associations, the state building code authorities, and
other responsible agencies of the 50 states to seek their review and
comment. Those comments were carefully analyzed and the major issues
discussed in the Section-by-Section analysis above.
Regulatory Flexibility Act Analysis
Under the Regulatory Flexibility Act, the publication of a rule
requires the preparation of a regulatory flexibility analysis if such
rule could have a significant economic impact on a substantial number
of small entities. For the reasons discussed above, the Board has
determined that these guidelines will not have such an impact and
accordingly, a regulatory flexibility act analysis has not been
prepared.
Federalism Assessment
These guidelines will have limited Federalism impacts. The impacts
imposed upon State and local government entities are the necessary
result of the ADA itself. Every effort has been made by the Access
Board to lessen the impact of these guidelines on State and local
government entities. As discussed in more detail in General Issues and
the Section-by-Section analysis above, the final rule addresses certain
elements used primarily by children. These alternative specifications
for elements used primarily by children are permitted as an exception
to the adult specifications. The application of the specifications for
elements used primarily by children is discretionary, not mandatory and
the Board has determined that this final rule will not have a
substantial direct effect on States, the relationship between the
national government and the States or on the distribution of power and
responsibilities among the various levels of government. Accordingly,
the preparation of a Federalism Assessment is unnecessary for purposes
of this rule under Executive Order 12612.
Unfunded Mandates Reform Act
Under the Unfunded Mandates Reform Act, Federal agencies must
prepare a written assessment of the effects of any Federal mandate in a
final rule that may result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year. Excluded from the requirements of that
Act, are provisions which (1) enforce the constitutional rights of
individuals; or (2) establish or enforce a statutory right that
prohibits discrimination on the basis of race, color, religion, sex,
national origin, age, handicap or disability. Guidelines promulgated
pursuant to the Americans with Disabilities Act are therefore excluded
from the application of the Unfunded Mandates Reform Act and a written
assessment is not required for this final rule.
Enhancing the Intergovernmental Partnership
As discussed in the supplementary information above, on July 22,
1996, the Access Board published a NPRM in the Federal Register which
proposed to amend ADAAG (36 CFR part 1191) by adding a special
occupancy section to ADAAG entitled ``15. Children's Facilities.''
Executive Order 12875, Enhancing the Intergovernmental Partnership,
encourages Federal agencies to consult with State and local governments
affected by the implementation of legislation. Accordingly, following
the issuance of the NPRM, the Access Board distributed the proposed
rule to state departments of education and education associations, the
state building code authorities, and other responsible agencies of the
50 states to seek their input and comment. Over 80 responses to the
NPRM were received, including comments from government entities, such
as state departments of education and commissions on disability, local
school districts, and several Federal agencies. A summary of comments
received may be found in General Issues, the Section-by-Section
Analysis, and in Other Issues.
List of Subjects in 36 CFR Part 1191
Buildings and facilities, Civil rights, Individuals with
disabilities, Transportation.
Authorized by vote of the Access Board on July 9, 1997.
Patrick D. Cannon,
Chairperson, Architectural and Transportation Barriers Compliance
Board.
For the reasons set forth in the preamble, part 1191 of title 36 of
the Code of Federal Regulations is amended as follows:
PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
GUIDELINES FOR BUILDINGS AND FACILITIES
1. The authority citation for 36 CFR part 1191 continues to read as
follows:
Authority: 42 U.S.C. 12204.
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2. Appendix A to part 1191 is amended by revising pages i, ii, 1,
40, 41, 44, 49, 50, and 56; and adding pages 41A, 44A and 56A as set
forth below.
3. In part 1191, the appendix to appendix A is amended by revising
pages A4, A7 and A10 through A14; and adding pages A4A and A14A as set
forth below.
The additions and revisions read as follows:
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[FR Doc. 98-616 Filed 1-12-98; 8:45 am]
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