[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Proposed Rules]
[Pages 62248-62538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29250]



[[Page 62247]]

_______________________________________________________________________

Part II





Architectural and Transportation Barriers Compliance Board





_______________________________________________________________________



36 CFR Parts 1190 and 1191



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

  Federal Register / Vol. 64, No. 220 / Tuesday, November 16, 1999 / 
Proposed Rules  

[[Page 62248]]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Parts 1190 and 1191

[Docket No. 99-1]
RIN 3014-AA20


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

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) is proposing to revise and update its accessibility 
guidelines for buildings and facilities covered by the Americans with 
Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 
1968 (ABA). These guidelines cover new construction and alterations and 
serve as the basis for enforceable standards issued by other Federal 
agencies. As a result of this revision and update, the guidelines for 
the ADA and ABA are consolidated in one Code of Federal Regulations 
part. The guidelines for the ABA also cover buildings and facilities 
leased by Federal agencies. The Department of Justice and the 
Department of Transportation are responsible for issuing standards 
based on the Access Board's guidelines under the ADA. ABA standards are 
issued by the Department of Defense, General Services Administration, 
the Department of Housing and Urban Development, and the U.S. Postal 
Service.

DATES: Comments should be received by March 15, 2000. The Access Board 
will hold two public hearings on the proposed guidelines. The dates, 
times, and locations of the public hearings will be published in a 
subsequent document in the Federal Register.

ADDRESSES: Comments should be sent to the Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Fax number (202) 272-5447. E-mail comments should be sent to 
[email protected]. Comments sent by e-mail will be considered 
only if they include the full name and address of the sender in the 
text. Comments will be available for inspection at the above address 
from 9:00 a.m. to 5:00 p.m. on regular business days.

FOR FURTHER INFORMATION CONTACT: Marsha Mazz (on the ADA Accessibility 
Guidelines) and Jim Pecht (on the ABA Accessibility Guidelines) Office 
of Technical and Information Services, Architectural and Transportation 
Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington, 
DC 20004-1111. Telephone numbers (202) 272-5434 extension 121 or 
extension 128 (voice); (202) 272-5449 (TTY). E-mail address: TA@access-
board.gov. These are not toll free numbers.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

    This document is available on the Board's Internet site in HTML and 
PDF formats (http://www.access-board.gov/ada-aba/guidenprm.htm). 
Persons who want a copy in an alternate format (cassette tape, Braille, 
large print, or Ascii disk) may order one copy at no cost by calling 
the Architectural and Transportation Barriers Compliance Board's 
(Access Board) automated publications order line (202) 272-5434, by 
pressing 2 on the telephone keypad, then 1, and requesting publication 
S-36 (ADA and ABA Accessibility Guidelines Notice of Proposed 
Rulemaking). Persons using a TTY should call (202) 272-5449. Please 
record a name, address, telephone number and request publication S-36 
and specify the type of format.

Statutory Background

    The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 
et seq.) recognizes and protects the civil rights of people with 
disabilities and is modeled after earlier landmark laws prohibiting 
discrimination on the basis of race and gender. The ADA requires that 
buildings and facilities be accessible to and usable by people with 
disabilities. The ADA establishes accessibility requirements for new 
construction and alterations of State and local government facilities 
under title II and places of public accommodation and commercial 
facilities under title III. The law requires that the Access Board 
issue minimum guidelines to assist the Department of Justice (DOJ) and 
the Department of Transportation (DOT) in establishing accessibility 
standards under titles II and III. These standards must be consistent 
with the Access Board's guidelines.
    The Architectural Barriers Act of 1968 (ABA) (42 U.S.C. 4151 et 
seq.) requires that facilities designed, built, altered or leased with 
certain Federal funds be accessible to persons with disabilities. 
Similar to its responsibility under the ADA, the Access Board is 
charged with developing and maintaining minimum guidelines for 
accessible facilities that serve as the basis for enforceable standards 
issued by four standard-setting agencies. The standard-setting agencies 
are the Department of Defense (DOD), the General Services 
Administration (GSA), the Department of Housing and Urban Development 
(HUD), and the U.S. Postal Service (USPS).

Rulemaking History

    On July 26, 1991, the Access Board published the Americans with 
Disabilities Act Accessibility Guidelines (ADAAG).1 On the 
same day, the Department of Justice published its final regulations 
implementing title III of the ADA which incorporated ADAAG.2 
The Access Board amended ADAAG to include additional requirements 
specifically applicable to transportation facilities on September 6, 
1991 3 which DOT incorporated into its final ADA 
regulations.4 The Access Board modified ADAAG, and DOJ and 
DOT modified their standards on two occasions: to revise specifications 
for automatic teller machines (July 15, 1993) and to suspend 
requirements for detectable warnings at curb ramps, hazardous vehicular 
areas, and reflecting pools (April 12, 1994; July 29, 1996; November 
23, 1998).5
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    \1\ 56 FR 35408, 36 CFR Part 1191.
    \2\ 56 FR 35544, 28 CFR Part 36.
    \3\ 56 FR 45500.
    \4\ 56 FR 45584, 49 CFR Parts 37 and 38.
    \5\ 58 FR 38204, 59 FR 17442, and 63 FR 64836.
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    The Access Board published amendments to ADAAG on January 13, 1998, 
that cover State and local government facilities and building elements 
designed for children's use.6 The amendments for State and 
local government facilities add a section on judicial, legislative, and 
regulatory facilities which covers access to restricted and secured 
entrances, security systems, assembly seating, speakers' platforms, and 
to courtroom spaces. Another section covers detention and correctional 
facilities which provides scoping and technical requirements for 
accessible cells. In addition to these two new sections, ADAAG was 
amended to address elevators, entrances, TTYs, sales and service 
counters, and airport security systems in State and local government 
facilities. As originally published, ADAAG provided specifications 
based only on adult dimensions. The

[[Page 62249]]

amendments for building elements designed for children's use provide 
alternate specifications based on children's dimensions for drinking 
fountains, water closets, toilet stalls, lavatories and sinks, and 
built-in seating and tables. The technical requirements permit 
departures from existing ADAAG specifications for elements designed for 
use primarily by children instead of adults.
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    \6\ 63 FR 2000 and 63 FR 2060.
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    In 1994, the Board established an advisory committee to conduct a 
complete review of the guidelines and to recommend changes. The ADAAG 
Review Advisory Committee consisted of 22 members representing the 
design and construction industry, the building code community, State 
and local government entities, and people with 
disabilities.7 The committee was charged with reviewing 
ADAAG in its entirety and making recommendations to the Board on:
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    \7\ The American Council of the Blind, the American Institute of 
Architects, the Arc, Builders Hardware Manufacturers Association, 
Building Officials and Code Administrators International, Building 
Owners and Managers Association International, Council of American 
Building Officials, Disability Rights Education and Defense Fund, 
Eastern Paralyzed Veterans Association, International Conference of 
Building Officials, International Facility Management Association, 
Maryland Association of the Deaf, National Conference of States on 
Building Codes and Standards, National Easter Seal Society, National 
Fire Protection Association, National Institute of Building 
Sciences, Regional Disability and Business Technical Assistance 
Centers, Southern Building Code Congress International, Texas 
Department of Licensing and Regulation, Virginia Building and Code 
Officials Association, and the World Institute on Disability.
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     improving the format and usability of ADAAG;
     reconciling differences between ADAAG and national 
consensus standards, including model codes and industry standards;
     updating ADAAG to reflect technological developments and 
to continue to meet the needs of persons with disabilities; and
     coordinating future ADAAG revisions with national 
standards and model code organizations.
    The advisory committee organized itself into subcommittees and met 
extensively over a two year period. Non-members were invited to 
participate in subcommittee meetings. The advisory committee followed a 
consensus-based process for the adoption of recommended changes to 
ADAAG which included a process for the submission of dissenting 
opinions. The advisory committee's work culminated in publication of a 
final report, ``Recommendations for a New ADAAG'' (September, 1996), 
which is available from the Board. Vice President Albert Gore 
recognized the work of the advisory committee and its constructive 
relationship with the Board and presented both entities with his 
``Hammer Award'' which recognizes exemplary reinvention of the Federal 
government. The award commended the manner in which a variety of public 
and private sector interests were brought together to update the 
guidelines. The advisory committee's report recommends changes to both 
the format and substance of ADAAG.
    The Board developed minimum guidelines for federally funded 
facilities covered by the ABA in 1982 that served as the basis for the 
Uniform Federal Accessibility Standards (UFAS). To further the goal of 
uniform standards, the Board is proposing to update these minimum 
guidelines based on the revisions to ADAAG. This will establish 
consistency between both guidelines so that the public and private 
sectors are held to a similar level of accessibility. This will 
facilitate compliance where a facility is subject to both the ADA and 
the ABA, such as a State or local government facility built with 
Federal money.
    The Board's minimum guidelines do not directly impact the public. 
Instead they provide a minimum baseline for other Federal departments 
responsible for issuing enforceable standards. Each Federal department 
responsible for issuing and maintaining standards based on the Board's 
guidelines under the ADA or the ABA is represented on the Board. 
Representatives of these departments serve as Board members and staff 
liaisons and have been closely involved in the development of this 
proposed rule. Through this process, the Board and the standard-setting 
agencies coordinated extensively to seek consensus to minimize any 
differences between the Board's guidelines and their eventual 
standards.

General Issues

    The ADAAG Review Advisory Committee recommended significant changes 
to the format and style of ADAAG. In fact, their recommendations 
completely reorganize much of ADAAG. The changes were recommended to 
provide a guideline that is organized and written in a manner that can 
be more readily understood, interpreted and applied. The recommended 
changes would also make the arrangement and format of ADAAG more 
consistent with model building codes and industry standards. This will 
make it easier for designers of the many facilities that will be 
required to comply both with the ADAAG and the locally adopted codes to 
understand how to comply with both sets of provisions. Changes include:
     removal of text language that is non-mandatory in nature 
for inclusion as advisory information nearby the text it comments on;
     inclusion in written text of requirements otherwise 
provided only in figures;
     clearer delineation between scoping requirements, which 
indicate what has to be accessible, from technical requirements, which 
specify how access is to be achieved;
     organizing technical sections into chapters according to 
the type of element or space;
     streamlining the guidelines by integrating special 
occupancy chapters (except for transportation facilities) into the main 
body of the document;
     revising the substance of scoping and technical provisions 
to better meet the needs of people with disabilities, to recognize 
technological developments, and to reconcile differences from national 
consensus standards; and
     utilizing a decimal-based, numeric-only numbering system, 
consistent with that used by the model codes and utilizing, to the 
extent possible, identical chapter and section numbers as ICC/ANSI 
A117.1 for the comparable subject matter.
    Some changes are recommended in order to make the provisions in 
ADAAG more technically consistent with model building codes and 
industry standards. The advisory committee coordinated closely with the 
American National Standards Institute (ANSI) A117 Committee, which was 
in the process of updating its standard. This is a national consensus 
standard that provides technical requirements for accessible buildings 
and facilities. The Council of American Building Officials (CABO) was 
represented on the advisory committee. CABO, which functions as a 
coordinating body among model code organizations, serves as the 
Secretariat for the A117 Committee. CABO has been incorporated into the 
International Codes Council (ICC). While ADAAG requirements derive in 
large part from an earlier version of the ANSI standard, there are 
considerable differences between them. Both the advisory committee and 
the ANSI committee sought to reconcile these differences to harmonize 
the revised ADAAG with the ICC/ANSI A117.1-1998 standard.
    The Board reviewed all recommendations from the advisory committee 
and has adopted most of them with some changes of its own. In addition, 
the Board has developed new figures to illustrate various provisions 
and provided new advisory notes that

[[Page 62250]]

provide information currently contained in the appendix to ADAAG. In 
removing non-mandatory information from the text of the guidelines, the 
advisory committee made various recommendations on information that 
should be included in advisory notes. The Board has taken these 
recommendations into account in developing advisory notes for this 
proposed rule.
    The application and scoping requirements (Chapters 1 and 2) for 
facilities covered by the ADA have been used as the basis for updating 
application and scoping requirements for facilities subject to the ABA. 
The technical requirements of this rule, as revised according to the 
advisory committee recommendations, are referenced by both scoping 
documents.
    In addition, the Board has included scoping and technical 
requirements for accessible residential facilities. These requirements 
are based on updated provisions for residential facilities contained in 
the ICC/ANSI A117.1-1998 standard. These requirements represent an 
addition to ADAAG, which currently does not address such facilities. 
Also, they will serve to update requirements for dwelling units in the 
minimum guidelines for federally funded facilities upon which UFAS is 
based.

Section-by-Section Analysis

    The following discussion covers the three parts of this rule. Part 
I covers the application and scoping requirements for facilities 
covered by the ADA (Chapters 1 and 2). This section of the analysis 
explains substantive differences between the revised guidelines and the 
current ADAAG. All changes proposed are based on recommendations from 
the advisory committee unless otherwise noted. Part II addresses the 
application and scoping requirements for facilities covered by the ABA. 
This section explains changes from the scoping and application 
requirements of Part I that are specific to federally funded 
facilities. Part III discusses the technical requirements (Chapters 3 
through 11) that are referenced by both ADA and ABA scoping documents. 
These requirements are based on recommendations from the advisory 
committee. As in Part I, the discussion in Part III explains 
substantive differences between the current ADAAG and the revised 
guidelines. The Board has posed a number of questions in this section. 
The Board includes questions in the preamble usually because it wants 
to solicit additional information about an item before considering a 
specific requirement.

Part I: ADA Application and Scoping

Chapter 1: Application and Administration
    This chapter states general principles that recognize the purpose 
of the guidelines (101), provisions for adults and children (102), 
equivalent facilitation (103), conventions (104), referenced standards 
(105), and definitions (106). Chapter 1 simplifies and reorganizes 
similar provisions contained in ADAAG sections 1, 2, and 3.
    The Board has removed the term ``fixed'' in the revised guidelines 
for editorial purposes of clarity and consistency. The term is used in 
the current ADAAG to describe some elements, such as tables and 
storage, but not other types of covered elements. The Board understands 
that DOJ will clarify the application of the guidelines to fixed 
elements in its rulemaking to update its standards for consistency with 
the revised guidelines.

104  Conventions

    Section 104.1 notes that all dimensions not stated as a ``maximum'' 
or ``minimum'' are absolute. All dimensions, including absolute 
dimensions, are ``subject to conventional industry tolerances.'' This 
corresponds with provisions in ADAAG 3.1 and 3.2 for graphic 
conventions and dimensional tolerances except for one change. ADAAG 3.2 
recognizes conventional building industry tolerances ``for field 
conditions.'' The reference to ``field conditions'' has been removed to 
accommodate a wider variety of unavoidable tolerances other than those 
that occur on a construction site, namely manufacturing processes that 
are not true ``field'' situations. For example, acrylic molded plumbing 
fixtures, such as shower stalls, often have a slight draft or taper so 
that they can be drawn from their molds; this slight taper does not 
adversely affect accessibility and is a necessary consequence of this 
particular manufacturing process. ``Conventional industry tolerances'' 
is intended to refer to tolerances in construction and manufacturing, 
but not design.
    The Board has clarified the calculation of percentages in section 
104.2. This provision states that one is to round up to the next whole 
number when calculating ratios or percentages in determining the 
minimum number of required accessible elements or facilities. Where the 
required size or dimension of an element or facilities involves ratios 
or percentages, rounding down for values less than one half is 
permitted.

105  Referenced Standards

    Section 105 lists the industry standards referenced in the 
guidelines. It also clarifies that where there is a difference between 
a provision of the guidelines and the referenced standards, the 
provision of the guidelines shall apply.

106  Definitions

    Various defined terms and definitions have been revised, removed or 
added. The following definitions have been removed because they contain 
information more appropriately covered in technical requirements or are 
not considered necessary due to other text changes: ``access aisle,'' 
``accessible element,'' ``accessible space,'' ``adaptability,'' 
``clear,'' ``clear floor space,'' ``multi-family dwelling,'' and ``site 
improvement.'' Several definitions have been simplified by removing 
information contained in scoping or technical requirements or have been 
revised for consistency with model code definitions. These include: 
``accessible route,'' ``automatic door,'' ``area of rescue 
assistance,'' ``controls and operating mechanisms'' (which have been 
changed to ``area of refuge'' and ``operable parts,'' respectively), 
``dwelling unit,'' ``facility,'' ``means of egress,'' ``occupiable,'' 
``sign,'' ``story,'' and ``transient lodging.'' Defined terms added to 
this section include: ``characters,'' ``children's use,'' 
``destination-oriented elevator,'' ``employee work areas,'' ``mail 
boxes,'' ``pictogram,'' ``project,'' ``public entrance,'' ``qualified 
historic building or facility,'' ``self-service storage facility,'' 
``technically infeasible,'' ``wheelchair,'' and ``wheelchair space.''
Chapter 2: Scoping Requirements
    This chapter provides scoping requirements for spaces and elements 
required to be accessible in new construction and alterations. Chapter 
2 replaces the minimum requirements sections of ADAAG 4.1. As revised, 
this section of the guidelines differs from ADAAG in that it integrates 
the scoping for exterior sites and interior facilities. ADAAG addresses 
scoping for exterior sites and interior facilities in separate 
subsections (4.1.2 and 4.1.3, respectively). ADAAG also currently has 
some scoping provisions intermingled with various technical provisions 
outside of 4.1. All scoping provisions are now located in Chapter 2.

201  Application

    This section contains provisions for the general scope of the 
guidelines and is substantively consistent with

[[Page 62251]]

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

202  Existing Buildings and Facilities

    This section provides for the application of the guidelines to 
additions and alterations. Section 202.2 (Additions) clarifies the 
intent in ADAAG 4.1.5 that each addition meet the requirements of the 
guidelines for new construction and also refers to requirements for 
additions that affect or could affect areas containing a primary 
function.
    Section 202.3 contains general scoping requirements for 
alterations, which are currently addressed in ADAAG 4.1.6(1). 
Alterations scoping provisions and technical provisions specific to 
certain elements and spaces in ADAAG 4.1.6(1) and 4.1.6(3) are not 
included in this general application section. Instead these provisions 
have been relocated to the relevant scoping or technical provisions for 
the element or space. Many of these provisions in ADAAG provide 
alternate specifications where ``technical infeasibility'' is 
encountered. However, these specifications present a false ``cap'' to 
the degree of departure since compliance is actually required to the 
degree it is technically feasible which may be above or below the level 
of access recognized in the specification. Consequently, in the revised 
guidelines, alternate criteria that have been retained have been made 
applicable to alterations generally and are not limited to instances of 
technical infeasibility.
    As revised, the guidelines do not contain the provision currently 
in ADAAG 4.1.6(1)(c) which requires an entire space to be accessible 
when alterations of single elements, considered together, amount to an 
alteration of a room or space. The advisory committee considered this 
provision vague and difficult to enforce since it does not indicate the 
precise number of altered single elements that would trigger full 
compliance for a room or space. In view of the basic scoping 
requirements for alterations, the Board agrees this provision can be 
removed without affecting accessibility.
    Section 202.4 addresses requirements for alterations affecting 
primary function areas that are consistent with those in ADAAG 4.1.6(2) 
except for one change. ADAAG 4.1.6 (1)(i) clarifies that the 
requirement does not apply to work limited solely to electrical, 
mechanical, or plumbing systems; hazardous material abatement; or 
automatic sprinkler retrofitting if the work does not involve 
alteration of elements or spaces required to be accessible. While the 
advisory committee did not recommend removing this clarification, the 
Board has removed it as information more appropriately contained in the 
Department of Justice's (DOJ) implementing regulations. The DOJ 
regulations further address alterations to areas containing a primary 
function, including the type of alterations that trigger the 
requirement for an accessible path of travel.8
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    \8\ 28 CFR 36.403.
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    Section 202.5 clarifies that scoping for alterations, including 
alterations to areas containing a primary function, applies to 
qualified historic buildings and facilities, but permits an exception 
where such alterations would threaten or destroy the historic 
significance of the building or facility as determined by the State 
Historic Preservation Officer or Advisory Council on Historic 
Preservation. This simplifies ADAAG 4.1.7 and removes advisory 
information from the text of the requirement. Special provisions for 
specific elements and spaces in ADAAG 4.1.7(3) have been moved to 
appropriate scoping and technical requirements in the revised 
guidelines.

203  General Exceptions

    The structure of the revised guidelines reinforces the principle 
that under the general scoping, all portions of sites and facilities 
are subject to the guidelines unless otherwise noted. This section 
contains exceptions to the general scoping provisions in 201. Most 
provisions are substantively the same as those in ADAAG 4.1.1(5) as 
amended for State and local government buildings, including those 
addressing construction sites (203.2), raised areas (203.4), limited 
access spaces (203.5), equipment spaces (203.6), single occupant 
structures (203.7), and detention and correctional facilities (203.8).
    There are two substantive changes involving the ``structural 
impracticability'' exception and residential facilities (203.9). ADAAG 
4.1.1(5)(a) provides an exception for new construction where it can be 
demonstrated that full compliance is ``structurally impracticable'' due 
to rare circumstances or the uniqueness of the terrain. The advisory 
committee recommended removing this exception because it felt that the 
challenges posed by unique environmental or terrain features can be 
overcome by good design. Further, such an exception is not recognized 
by any of the model building codes. Despite the fact that the exception 
for ``structural impracticability'' has been removed from ADAAG, it 
still exists in the Department of Justice (DOJ) implementing 
regulations. See 28 CFR 36.401(c). The term is defined in that same 
section and provides a narrowly drawn exception for ``unique 
characteristics of terrain.'' It was removed from ADAAG because the 
Board made every effort not to duplicate provisions that are in the DOJ 
regulations. The revised guidelines also include an exception in 203.9 
under which access is not required to common use areas that do not 
serve dwelling units required to be accessible.

203.3  Employee Work Areas

    ADAAG 4.1.1(3) requires access to, but not fully within, employee 
work areas in part because title I of the ADA generally treats access 
for employees with disabilities as an individual accommodation. The 
Board intends the word ``employee'' in the term employee work areas to 
include individuals covered in the definition of employee found in 
title I of the ADA, as well as other individuals who perform employee-
type duties such as independent contractors and volunteers. Employee 
spaces used for purposes other than job-related tasks, such as break 
rooms, lounges, and locker rooms are not considered ``work areas'' and 
must be fully accessible. Other areas that must be fully accessible 
include, but are not limited to, vending areas, cafeterias, and 
auditoriums regardless of whether they are restricted to employees. 
Work areas that also function as public use space, such as patient exam 
rooms, must be fully accessible for public access, but fixtures and 
controls within the work area used only by employees are not required 
to be accessible.
    Section 203.3 of the revised guidelines retains this exception for 
areas used only as work areas. Work areas must be accessible for 
``approach, entry, and exit,'' which means location on an accessible 
route so that people with disabilities can enter and exit the space. 
The Board interprets this provision as requiring an accessible route to 
work areas, including complying entry doors or gates. Maneuvering 
space, including wheelchair turning space, is not required within the 
work area, and elements within the work area are not required to 
comply. Also, the Board has added a definition for ``employee work 
areas'' in section 106 to clarify the limited application of this 
provision.
    The coverage of ``employee work areas'' in section 203.3, like 
ADAAG 4.1.1(3), means that an accessible route is not required to 
individual work stations within the area. For example,

[[Page 62252]]

an accessible route is required to a restaurant kitchen or the 
manufacturing space of a plant but not to individual work stations, 
regardless of the number of stations or the size of the work area. The 
advisory committee recommended that ADAAG be changed to require an 
accessible route to each ``individual work station'' instead of to 
``work areas.'' Other than the connecting route, work stations would 
not be required to be accessible. The advisory committee recommended 
this change for consistency with model building codes which, unlike 
ADAAG, do not provide a similar exception for work areas. The advisory 
committee considered that contemporary building and fire codes, for 
general fire and life safety purposes, have always required in new 
construction and alterations that a path of travel serving individual 
work stations be provided for exiting in an emergency. In complying 
with the code, this path of travel would end up complying with most if 
not all of the accessible route requirements in ADAAG. The advisory 
committee therefore considered that changing ADAAG to require an 
accessible route serving individual work stations would not have 
dramatic impact. This aspect of the model building codes, as well as 
general exceptions for equipment and other spaces in section 203, would 
serve to limit the overall impact of this change in the advisory 
committee's view. Further, the requirement for an ``accessible route'' 
to such elements, as opposed to access for ``approach, entry, and 
exit'' to certain spaces was considered clearer and more easily 
interpreted.
    The Board is committed to harmonizing the ADAAG requirements with 
the requirements of the model codes and believes that covered entities 
should apply the recommendations of the advisory committee in most 
situations, particularly in traditional places of public accommodation, 
in office buildings, and in schools. However, the Board is concerned 
that the adoption of this requirement as the minimum level of 
compliance may prove to be unworkable in some employment settings. 
Therefore, the Board has not included the advisory committee's 
recommendations in this proposed rule. However, the Board is 
considering whether to include the advisory committee's language in the 
final rule. To facilitate this decision, the Board is seeking responses 
to the following questions:
    Question 1: ADAAG requires that an accessible route be provided to 
employee work areas, but not to individual work stations. What 
obstacles have people with disabilities encountered as a result of this 
provision?
    Question 2: The Board is interested in learning what the impact 
might be if ADAAG requires access to ``individual work stations'' 
rather than to ``employee work areas.'' For example, how would a 
facility otherwise be designed and built in the absence of this revised 
requirement in ADAAG? Any comparative analysis should be based on a 
design that reflects compliance with contemporary codes, such as the 
model building codes, and typical design practice. In other words, 
aspects of an accessible route that would otherwise be provided as a 
typical design consideration or that would have to be provided in order 
to comply with a contemporary building code would not be sources of 
real impact.
    Question 3: Are there specific types of individual work stations, 
not otherwise exempt from access by section 203, that could not be 
served by an accessible route?
    Question 4: The phrase ``areas used only by employees as work 
areas'' has been misinterpreted or considered unclear. If this 
requirement is retained in the final rule, how should it be clarified 
to prevent misinterpretation? If a requirement for work stations is 
included in the final rule, is the term ``individual employee work 
stations'' sufficiently specific or is further clarification, 
qualification, or definition needed?
    The revised guidelines differ from ADAAG in that they require 
employee work areas to be equipped with visual alarms where audible 
alarms are provided. In effect, this will require visual alarm 
appliances in most work areas. Where work areas are enclosed by opaque 
doors and walls, visual alarm appliances will be necessary to provide 
the required alarm coverage. However, where work areas have translucent 
walls or doors, carefully placed alarm appliances in adjoining 
corridors or other spaces can cover the work area. This is a change 
from current ADAAG, which requires visual alarms in common use and 
public use spaces, but not in those spaces that serve only as a work 
area. The Board proposes this change because it is an issue of life 
safety and because installation of visual alarms after construction can 
be difficult and expensive. However, in addition to an accessible 
connecting route, visual alarms would be the only accessible element 
required for a work area.
    The Board estimates that the aggregate cost associated with 
providing visual alarms in employee work areas for newly constructed 
buildings is approximately $16.3 million. This estimate is based on 
several assumptions: (a) an average office building size is 200,000 
square feet with 200 square feet per office; (b) the cost of an alarm 
system complying with existing requirements is $225,000 and 
approximately 60 to 70 percent of the area of the office building 
receives visual alarm coverage; (c) visual alarms will be needed in an 
additional 25 percent of the building area (50,000 square feet, 250 
offices) to meet the proposed new requirement; (d) the additional cost 
for installing the visual alarms in employee work areas is $65,375 
($261 per office); (d) 250 office buildings (averaging 200,000 square 
feet) are newly constructed each year.
    Question 5: This provision would be applicable to both newly 
constructed buildings and existing buildings when alarm systems are 
replaced or upgraded, and these alterations affect the usability of the 
building. The Board does not provide an aggregate cost estimate for 
existing buildings when alarm systems are altered. The Board recognizes 
that this cost may greatly exceed the cost for newly constructed 
buildings. In order to better assess the overall cost of this 
provision, the Board seeks data on how frequently alarm systems are 
replaced or upgraded such that they would amount to an alteration and 
be subject to this provision. The Board has been advised that alarm 
systems may be replaced as often as every ten years. The reason given 
is that building owners desire to reduce insurance liability, as well 
as to provide state-of-the-art protection for building occupants. Is it 
correct to assume that alarm systems are replaced every ten years? The 
Board seeks information from businesses that provide fire alarm systems 
regarding the additional cost of providing visual alarms in employee 
work areas when alarm systems are replaced or upgraded. Please provide 
cost data for alarm systems with visual alarm coverage in all employee 
work areas compared to alarm systems complying with the existing 
requirements. Lastly, while an average building size is used in 
developing the cost estimate for newly constructed buildings, the Board 
seeks comment on whether the provision would have a disproportionate 
economic impact on small buildings or businesses.
    Question 6: Are there less costly alternatives to providing visual 
alarms in all employee work areas for employees who are deaf or are 
hard of hearing that provide a comparable level of life safety?
    Question 7: Concerns have been raised about limiting the number of

[[Page 62253]]

visual alarms for the benefit of people who are photosensitive, as 
further discussed below at section 702.3. In view of these various 
considerations, comment is sought on the appropriateness of this 
requirement, and information is requested on whether there are means 
available for deactivating individual visual appliances (which may be 
desired in accommodating employees who are photosensitive) without 
rendering the entire system ineffective.
    Section 203.9 clarifies that in residential facilities access is 
not required in common use areas not serving required accessible 
dwelling units. The Board added this provision because guidelines for 
residential facilities have been included in this rule. This provision 
would apply in situations where certain common use areas, such as 
laundry rooms, are intended to serve a portion of dwelling units.

204  Protruding Objects

205  Operable Parts

    Sections 204 and 205 are substantively consistent with scoping 
requirements for protruding objects in ADAAG 4.1.2(3) and 4.1.3(2) and 
for controls and operating mechanisms in ADAAG 4.1.3(13).

206  Accessible Routes

    ADAAG addresses scoping for accessible routes in several areas 
(4.1.2, 4.1.3, and 4.3). The revised guidelines bring these 
requirements together into one subsection (206.2) to clarify the 
requirement for accessible routes from site arrival points, within the 
site and within buildings and facilities, and to spaces and elements. 
The revised guidelines more clearly recognize various elements as 
components of accessible routes. Thus, this section integrates scoping 
for entrances (206.4), doors and doorways (206.5), elevators (206.6), 
and wheelchair (platform) lifts (206.7). Changes from ADAAG include:
     clarification that an accessible pedestrian route is not 
required where only a vehicular way not serving pedestrians is provided 
(206.2.1 and 206.2.2, exceptions);
     emphasis on the provision of an ``accessible route'' 
between floors as opposed to an ``elevator'' so that elevator 
exceptions in ADAAG 4.1.3(5) are relocated to the requirement for an 
accessible route (206.2.3);
     clarification that in assembly areas an accessible route 
is not required to serve seating that does not contain wheelchair 
spaces or designated aisle seats required to be on an accessible route 
(206.2.3, exception 6);
     clarification that an accessible route between seating and 
performance areas is required where a direct connection is provided 
(206.2.6);
     clarification that where the circulation path is interior, 
the accessible route must be interior as well (206.3);
     removal of the requirement in ADAAG 4.1.3(8) that 
accessible entrances be provided in a number at least equal to the 
number of exits required because entrances and exits serve different 
functions and should not be linked in scoping requirements;
     removal of a requirement in ADAAG 5.7 for an accessible 
route to raised platforms in banquet rooms since it is premised on 
elements (head tables and speaker's lecterns) that often are not fixed;
     extending the scope of requirements for security check 
points and security barriers for airports and certain State and local 
government facilities to cover all types of facilities that provide 
security check points and barriers (206.8); and
     removal of ADAAG exception 4(d) to 4.1.3(5) that allows 
the use of wheelchair lifts where ``existing site constraints or other 
constraints make use of a ramp or an elevator infeasible'' since this 
is not considered warranted in new construction.
    In addition, several substantive changes are provided that pertain 
to elevators (206.6). These include recognition of two alternatives to 
the traditional type of elevator required by ADAAG and the addition of 
a requirement for altered elevators.
    Destination-oriented elevators are different from typical elevators 
in that they provide a means of indicating the desired floor at the 
location of the call button, usually through a key pad, instead of a 
control panel inside the car. Responding cars are programmed for 
maximum efficiency by reducing the number of stops any passenger 
experiences. ADAAG does not specifically address this type of elevator, 
which was not widely in use when ADAAG was first published. The revised 
guidelines require compliance with newly added technical requirements 
in 407.3 where destination-oriented elevators are provided instead of 
traditional types of elevators. There are differences in the technical 
requirements provided in section 407. For example, standard elevators 
must provide audible and visual car position indicators that identify 
floors as they are passed. With destination-oriented elevators, audible 
and visual indicators must be provided indicating the car destination 
both when the car arrives in response to the call and when it arrives 
at the floor destination.
    The revised guidelines also permit installation of limited-use/
limited-application (LULA) elevators in buildings and facilities not 
required to have a standard elevator. This type of elevator is 
characterized by a smaller car among other things. The revised 
guidelines provide technical requirements in 407.4 and require 
compliance with the industry safety standard (ASME/ANSI A17.1, Part 
XXV). The advisory committee recommended addressing LULAs because it 
considered such elevators a more viable option in situations where a 
standard elevator is not required. The advisory committee reasoned that 
some vertical access (via a LULA elevator) is preferable to none.
    Question 8: Consistent with ADAAG, the revised guidelines provide 
an exception for private sector facilities based on the number of 
stories or the square footage per floor (206.2.3, exception 1). A much 
narrower exception is permitted for State and local government 
facilities (206.2.3, exception 2). Are there situations where the use 
of LULA's should be permitted instead of a standard elevator in certain 
small State or local government facilities?
    A requirement has been added at 206.6.1 that when an elevator is 
altered, all elevators programmed to respond to the same hall call 
control shall be brought into compliance so that persons with 
disabilities are not limited to the use of one car at multi-car 
elevator banks.

207  Accessible Means of Egress

    Requirements for accessible means of egress have been modified for 
consistency with model building codes and standards, including addition 
of a new requirement that an elevator be provided as an accessible 
means of egress in buildings with four or more stories above or below 
the exit discharge level. The requirement in ADAAG 4.1.3(9) that 
accessible means of egress be provided in the ``same number'' of 
required exits has been changed to require at least two accessible 
means of egress where more than one means of egress is required. The 
requirement in ADAAG 4.1.3(10) that accessible routes also serve as 
required exits has been removed because not all accessible routes 
necessarily have to serve as a required means of egress in order to 
provide a reasonable minimum level of safety. The reference to ``areas 
of rescue assistance'' has been changed to ``areas of refuge'' for 
consistency with model

[[Page 62254]]

codes. Exceptions from the requirement for areas of refuge in 
facilities that are altered or those equipped with supervised automatic 
sprinkler system have been retained. A new exception clarifies that 
areas of refuge are not required in open parking garages since the open 
design permits smoke to escape.

208  Parking Spaces

    The revised guidelines maintain the general scoping of ADAAG in 
4.1.2(5) but refer to parking spaces generally, instead of to ``self-
parking by visitors, employees, or both.'' The Board has added an 
exception in 208.1 for parking spaces used exclusively for buses, 
trucks, delivery vehicles, law enforcement vehicles, and vehicular 
impound and motor pool lots where lots accessed by the public are 
provided with an accessible passenger loading zone.
    ADAAG 4.1.2(5)(d) requires a higher level of scoping for outpatient 
units and facilities (10%) and those that ``specialize in treatment or 
services for persons with mobility impairments'' (20%). Sections 
208.2.1 and 208.2.2 preserve these scoping requirements but clarify 
their application to visitor and patient parking (so as to exclude 
employee parking); ``hospital outpatient facilities'' (10%); and 
``rehabilitation facilities and outpatient physical therapy 
facilities'' (20%). The advisory committee had recommended removing the 
10% requirement for outpatient facilities because it questioned the 
technical basis for it and because the term ``outpatient facility'' is 
too broad and can be misapplied to doctors' offices and clinics. 
Instead of removing this requirement, the Board has clarified its 
application by limiting it to outpatient facilities located in 
hospitals. The requirement for ``rehabilitation facilities'' is 
intended to cover facilities providing physical rehabilitation, but not 
those facilities providing other types of rehabilitation, such as drug 
or alcohol rehabilitation.
    New scoping provisions for residential facilities have been added. 
Section 208.2.3 provides access to at least one parking space for each 
accessible dwelling unit where parking is provided. Two percent of any 
additional parking spaces provided for residents must be accessible. 
Additionally, guest parking must be made accessible in accordance with 
Table 208.2. In 208.4.2 dispersion is required throughout all types of 
parking provided for dwelling units required to be accessible unless 
equal or greater accessibility is otherwise achieved.
    Requirements for identification of accessible spaces in 208.3 allow 
spaces not to be identified (i.e., reserved solely for use by people 
with disabilities) where five or fewer spaces in one parking lot are 
provided. This was recommended by the advisory committee in order to 
mitigate the impact of a reserved space in very small lots and is based 
on the model building codes. Identification of spaces is not required 
at residential facilities where parking spaces are assigned to specific 
dwelling units. The requirement for the ``van accessible'' designation 
has been removed to clarify that both car and van drivers can use such 
spaces, as was the original intent of ADAAG.
    ADAAG 4.1.2(5)(e) allows an accessible passenger loading zone 
instead of accessible parking spaces at facilities with valet parking. 
This provision has been removed for several reasons. Valet parking 
often is not available at all hours a facility is open or may be later 
removed altogether. Further, vehicles specially equipped for persons 
with disabilities may not be usable by other drivers.

209  Passenger Loading Zones

    This section requires that where a passenger loading zone is 
provided, at least one portion within every continuous 100 feet of 
loading zone space must be accessible. This replaces the requirement in 
ADAAG 4.1.5(c) for only one accessible passenger loading zone per site. 
The new requirement is responsive to facilities, such as airports, 
where many or long continuous passenger loading zones are provided. The 
advisory committee recommended that all passenger loading zones be 
required to be accessible. However, the proposed requirement addresses 
situations where continuous loading zones are provided and balances the 
needs of people with disabilities and the costs associated with adding 
an additional lane for accessible passenger loading.

210  Stairways

    This provision requires all stairs that are part of a means of 
egress to comply with the guidelines. ADAAG 4.1.3(4) requires 
compliance only at stairs connecting levels not connected by a vertical 
means of access. The advisory committee recommended this change for 
consistency with model building codes that recognize the importance of 
accessible safety features in successfully exiting by stairs. 
Accessible features in stairways will benefit individuals with mobility 
impairments, as well as other individuals with and without 
disabilities. An exception is provided for alterations. Under this 
exception, stairs between levels that are connected by an accessible 
route are not required to comply (except for handrails) due to the 
potential difficulty of altering stairs for compliance within existing 
space limitations.

211  Drinking Fountains and Water Coolers

    This provision requires that where one drinking fountain or water 
cooler is provided on a site, floor, or within a secured area, access 
shall be provided for both people who use wheelchairs and for standing 
persons. Where more than one drinking fountain is provided, 50% are 
required to be wheelchair accessible and 50% are required to be 
accessible to standing persons (with rounding up or down permitted 
where an odd number of units is provided). While substantively 
consistent with ADAAG 4.1.3(10), this section clarifies the application 
to exterior units and the coverage of units accessible to standing 
persons where more than one unit is provided. The advisory committee 
recommended that the guidelines not address access for standing persons 
because no technical criteria are provided and because it believed that 
most drinking fountains would accommodate people who have difficulty 
bending. The Board believes that access for people who may have 
difficulty bending or stooping should be retained and has included 
technical requirements for such access (see 602.7).

212  Sinks, Kitchens, Kitchenettes, and Wet Bars

    A requirement has been added that where sinks are provided in 
accessible spaces, at least 5% (but not less than one) must be 
accessible, except for mop or service sinks, which are exempt. While 
ADAAG provides technical requirements for sinks in 4.24, it does not 
indicate the minimum number required to be accessible. New scoping 
provisions for kitchens, kitchenettes, and wet bars are generally 
consistent with transient lodging requirements in ADAAG 9.2.2(7). The 
revised guidelines extend the application to kitchens, kitchenettes, 
and wet bars provided, without regard to the type of facility.

213  Toilet and Bathing Facilities

    This section is consistent with ADAAG scoping provisions in 
4.1.3(11), 4.22, and 4.23 except for one substantive change. Where 
multiple single-user toilet rooms are clustered at a single location 
and contain fixtures in excess of the minimum required number of 
plumbing fixtures, at least 5% of toilet rooms (but not less than one) 
for

[[Page 62255]]

each use at each cluster is required to be accessible (213.2, exception 
4). ADAAG, which does not specifically address this situation, requires 
access to all such toilet rooms. The advisory committee recommended 
this scoping provision as more appropriate since this arrangement is 
common in facilities such as medical facilities. Additionally, 
revisions have been made to clarify that:
     access is not required for toilet or bathing facilities in 
transient lodging guest rooms (except for the clearance of entry 
doors), patient or resident sleeping rooms in medical care facilities, 
holding or housing cells in detention and correctional facilities, or 
dwelling units that are not required to be accessible (213.2, 
exceptions 5, 6, 7, and 8);
     unisex bathing rooms must contain at least one accessible 
shower or bathtub (213.2.1); and
     where only one lavatory is provided, it shall not be 
located in an accessible toilet compartment (213.3.4).

214  Laundry Equipment

    A new scoping provision has been added for laundry equipment and 
applies to laundry facilities wherever provided. For example, if a 
transient lodging facility provides laundry facilities for guests, they 
must be accessible and contain one or more accessible washers and 
dryers. This section also addresses the need for accessible laundry 
facilities in, or serving, accessible dwelling units and is necessary 
since the revised guidelines address residential facilities. Where 
washing machines or clothes dryers are provided in spaces required to 
be accessible, at least one of each type is required to be accessible.

215  Emergency Alarm Systems

    The requirement for emergency alarm systems is consistent with 
ADAAG 4.1.3(14). The ADAAG exception that allows such systems to be 
modified in medical care facilities to suit health care alarm practice 
has been revised as an exception to the charging statement for the 
technical section on fire alarm systems (702.1). The advisory committee 
had recommended that the provision be limited to fire alarm systems for 
consistency with model codes such as National Fire Protection Agency 
(NFPA) 72-G. The committee also recommended that an exception for 
alterations be provided that would require compliance with the 
requirement for visual alarms only where an alarm system is upgraded or 
replaced or a new one installed. Instead, the Board is proposing to 
retain the substance of the current requirement since compliance with 
any requirement in alterations is required to the extent it is 
``technically feasible.'' Given the scope of the work, replacement of a 
fire alarm system is considered an alteration, not normal maintenance. 
However, certain upgrades are alterations only if they affect the 
usability of a room or space. The usability of the space is not 
affected when a few failing appliances are replaced. The Board has 
limited the requirement for visual appliances to fire alarm systems 
instead of ``emergency warning systems.'' In addition, the Board has 
added a scoping provision that requires other types of alarm systems to 
be equipped with audible and visual signals but has not provided any 
technical criteria for these signals.
    Question 9: The Board seeks information on facility alarm systems 
(other than fire alarm systems) that do not instruct occupants to 
evacuate the facility but provide other warning information, such as 
those used for tornado warnings and other emergencies. Recommendations 
are requested on the technical criteria appropriate for the audible and 
visual signals for such alarm systems, particularly where 
differentiation from fire alarm system signals is important.

216  Signs

    This provision retains the substance of scoping for exterior and 
interior signs in ADAAG 4.1.2(7) and 4.1.3(16). Several editorial 
changes are included for clarification. Scoping for tactile signs is 
modified to apply to ``permanent'' room or space designations in order 
to clarify coverage of signs that are not likely to change. The Board 
has added an exception stating that signs designating building 
addresses or building names are not required to meet requirements for 
tactile signs. These revisions are consistent with the Board's 
interpretation of ADAAG.
    ADAAG 4.1.7(3)(e) includes a provision for qualified historic 
facilities which recommends that exhibits and signs displayed 
horizontally should be no higher than 44 inches above the floor so as 
to be accessible to be people seated in wheelchairs. The advisory 
committee recommended that this provision be made mandatory or 
relocated to an advisory note. The Board believes this specification 
and its limited application to qualified historic facilities merits 
further evaluation before adopting it as a mandatory requirement. 
Consequently, this provision is not included in the revised guidelines.

217  Telephones

    Scoping provisions for public pay telephones providing wheelchair 
access and volume controls are substantively consistent with ADAAG 
4.1.3(17)(a) and (b). The Board has provided clarification in 217.1 
that scoping applies to one of each type of pay phone provided, 
including, but not limited to, coin-operated and coinless public pay 
phones. For example, access is not limited to credit card phones where 
coin-operated phones are also provided or vice versa. As recommended by 
the advisory committee, an exception at 217.3 indicates that, where all 
phones are equipped with volume controls, identifying signage is not 
required.
    Significant changes are proposed for the provision of TTYs. TTYs 
are devices that provide access to telephones for people who have 
hearing or speech impairments. At the advisory committee's 
recommendation, the preferred term ``TTY'' has been used instead of the 
term ``text telephone'' or ``TDD'; the definition of TTY in section 106 
explains that the term is synonymous with ``text telephones'' and 
encompasses devices known as ``TDDs,'' a term which stands for 
``telecommunication display devices'' (or ``telecommunication devices 
for deaf persons''). ADAAG 4.1.3(17)(c) generally requires that at 
least one TTY be provided on a site where four or more public pay 
telephones are provided (and at least one is interior). The advisory 
committee and the Board consider this requirement inadequate because it 
does not take into account large sites such as college campuses and 
shopping malls where people who need TTYs are limited to one TTY-
equipped phone. The revised scoping at 217.4 states that in private 
buildings (i.e., places of public accommodation and commercial 
facilities) where four or more pay phones are provided at a bank, 
within a floor, building, or on a site, a TTY is required at each such 
location. Consistent with previous amendments to ADAAG for State and 
local government facilities, a lower threshold is provided for public 
buildings, where one pay telephone on a floor or within a public use 
area of a building triggers the requirement for a TTY. An exception for 
the requirement at banks (271.4.1) makes optional TTYs at banks that 
are within 200 feet of, and on the same floor as, a bank with a TTY. 
This exception allows reasonable dispersion without triggering a 
requirement for additional TTYs. The revised provision does not limit 
scoping to where at least one pay telephone is interior since TTYs for 
exterior application are readily available.
    A new scoping provision is provided for rest stops, emergency 
roadside stops, and service plazas that requires a TTY

[[Page 62256]]

where at least one public pay telephone is provided since 
telecommunications can be critical at such locations and searching for 
off-highway TTYs would be impractical. Due to the increased scoping, a 
TTY requirement specific to stadiums, arenas, conventions centers, etc. 
in ADAAG 4.1.3(17)(c)(ii) has been removed. Scoping requirements for 
hospitals and the secured areas of detention and correctional 
facilities have been retained.
    In addition to the advisory committee's recommendations, Board 
changes include:
     adding a requirement for TTY signage where directional 
signs for public pay telephones is provided (271.4.9.2); and
     exempting phone banks with TTYs from the requirement for 
shelves and outlets for portable TTYs (217.5).

218  Transportation Facilities

    This provision requires transportation facilities to comply with 
Chapter 10. Transportation is the one occupancy type (in addition to 
the chapter the Board has added on residential facilities) that the 
advisory committee recommended remain a separate chapter. Scoping for 
other occupancy types covered in ADAAG sections 5 though 12 have been 
integrated into Chapter 2.

219  Assistive Listening Systems

    This section covers requirements for assistive listening systems 
and receivers in assembly areas. Section 219.2 requires an assistive 
listening system in each assembly area where audible communication is 
integral to the space and audio amplification is provided. However, in 
courtrooms, this requirement also applies where audio amplification is 
not provided, consistent with ADAAG as amended for judicial facilities. 
This provision is substantively different from ADAAG 4.1.3(19) in three 
respects. First, ADAAG requires assistive listening systems in assembly 
areas without audio amplification if the seating capacity is 50 or 
more, and the revised guidelines do not, except in courtrooms 
(regardless of seating capacity). Second, ADAAG's requirement is 
conditioned on the provision of fixed seats; the revised guidelines 
would apply to assembly areas with fixed seating and those without. 
Third, ADAAG requires that assembly areas not subject to the 
requirement for a ``permanent'' system be equipped with the necessary 
electrical outlets and wiring for a portable system; the revised 
guidelines do not specify a ``permanent'' system and do not require 
outlets and wiring for portable systems. These also represent changes 
from the advisory committee's report, which recommended a scoping 
provision generally consistent with ADAAG. The Board is proposing these 
changes because it believes that any assembly area with audio 
amplification should be equipped with an assistive listening system 
whether or not seating is fixed. The Board removed the requirement in 
ADAAG for outlets and wiring because adequate electrical support is 
generally available in these assembly occupancies and because the 
provision of a portable system is more appropriately covered by the DOJ 
regulation, which contains requirements for the provision of auxiliary 
aids and services necessary to ensure effective communication. 
9
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    \9\ 28 CFR 36.303 and 28 CFR 35.160.
---------------------------------------------------------------------------

    Section 219.3 specifies the minimum number of receivers according 
to a sliding scale. This is a change from the flat 4% requirement in 
ADAAG 4.1.3(19) and was recommended by the advisory committee based on 
actual and anecdotal evidence that the current requirement exceeds the 
demand especially in large facilities. Scoping of 4% is maintained for 
a seating capacity up to 500 seats; seating above this number is 
reduced to 3.5% (501 to 1000 seats), 2.75% (1001 to 2000 seats), and 1% 
(over 2000 seats). The revised guidelines include a requirement which 
is not in ADAAG that a portion of receivers (25% but no less than 2) be 
compatible with hearing aids. In effect, this requires provision of 
neck loops, which are the only type of receiver that can be used 
comfortably with all models of hearing aids equipped with a telecoil.

220  Automatic Teller Machines and Fare Machines

    This provision is consistent with ADAAG 4.1.3(20) with respect to 
automatic teller machines, but it also addresses ``fare vending, 
collection, or adjustment machines,'' which are only addressed by ADAAG 
where provided in transportation facilities.

221  Assembly Seating

    This section is substantively different from ADAAG requirements and 
advisory committee recommendations for wheelchair, companion, and 
designated aisle seating. Section 221.1 lists the types of assembly 
areas covered: ``a motion picture house, theater, concert hall, 
stadium, arena, auditorium, convention center, lecture hall, courtroom, 
legislative chamber, or similar assembly area.'' This approach of 
defining the section's coverage by providing a list of exemplary 
covered entities is a departure from that in the existing ADAAG 
4.1.3(19), which describes covered entities as ``places of assembly 
with fixed seating.'' By limiting coverage to the listed entities and 
``other similar assembly areas,'' the revised guidelines clarify that 
assembly areas like libraries or restaurants are not required to comply 
with the requirements of 221.
    Section 221.2 revises the number of wheelchair spaces required 
(Table 221.2.1). For a seating capacity up to 50 spaces, the 
requirement is the same as ADAAG 4.1.3(19). For a seating capacity of 
51 to 150 seats, 4 wheelchair spaces are required, and for a seating 
capacity of 151 to 300 spaces, 5 wheelchair spaces are required. The 
remainder of the table coincides with ADAAG. The advisory committee 
recommended the scoping increase (although it recommended that 5 
wheelchair spaces be provided starting at 101 seats instead of 151). 
Also, the advisory committee recommended that scoping for a seating 
capacity over 500 be reduced from 1% to 0.5% based on anecdotal 
information on usage. The Board is not persuaded by this anecdotal 
information and is proposing to retain the ADAAG requirement of 1%. 
Section 221.2 also states that wheelchair spaces shall be provided in 
each luxury box, club box, and suite. This is consistent with 
Department of Justice interpretations of ADAAG that treat each such box 
or suite as a discrete assembly area. Wheelchair spaces must be 
integrated into the general bowl design and seating plan and cannot be 
set aside on a separate platform or level where there is little or no 
other seating. Integration of wheelchair spaces will provide 
opportunities for social interaction with persons sitting in the 
closest seats.
    The advisory committee recommended that wheelchair spaces be 
clustered and specified the number of wheelchair clusters permitted, 
which, in effect, served to govern the minimum level of dispersion. The 
advisory committee also recommended a reduced level of dispersion where 
sight lines require more than one step for a rise in elevation between 
rows and in alterations where dispersion is not technically feasible. 
The Board has not adopted this recommendation. The Board has included 
requirements for dispersion as a technical requirement (see 802).
    Section 221.3 contains a requirement included by the Board that a 
companion seat be provided for each wheelchair space and that this seat 
be readily removable to create an additional wheelchair space. This is 
consistent with current interpretations of the

[[Page 62257]]

requirement for one companion seat to be provided next to each 
wheelchair seating area. However, ADAAG 4.33.3 requires companion seats 
to be fixed but does allow readily removable seats to be installed in 
wheelchair spaces. The revised provision will afford greater 
flexibility in seating arrangements by allowing the choice of either a 
companion seat or another wheelchair space next to each required 
wheelchair space. The Board considered other options for addressing 
problems presented by fixed companion seating. Those options included: 
requiring a lesser number of fixed companion seats than wheelchair 
spaces in larger assembly areas; requiring that a specified number of 
wheelchair spaces be designated to accommodate a group of three or more 
persons using wheelchairs; or opting for no change from the requirement 
in the current ADAAG. The requirement for readily removable companion 
seating was chosen for simplicity, because it promotes greater 
flexibility in the seating configurations. However, the Board has 
included an exception providing that fixed companion seating is 
permitted in assembly areas with a capacity of 300 or fewer seats. This 
exception is provided because the requirement for removable companion 
seats would have a disproportionate impact on smaller assembly 
facilities where no more than five wheelchair and companion spaces are 
required.
    Question 10: The Board seeks information on the impact of the 
requirement that each wheelchair space have an adjacent companion seat 
that can be removed to provide an adjoining wheelchair space. Of 
particular interest are recommendations on design solutions or 
alternative scoping requirements that will mitigate the space impact 
while affording a similar level of flexibility in seating arrangements.
    Question 11: The Board believes that readily removable seats should 
provide a companion with virtually the same experience in terms of 
comfort and usability as fixed seats in the same assembly facility. 
What specific characteristics should the readily removable seat have 
when compared to other seats? While a metal folding chair is not 
equivalent to a plush theater-style seat, is it sufficiently comparable 
to a bleacher seat?
    Section 221.4 requires that 1% of seats be designated aisle seats. 
At least 25% of the designated aisles seats must be on an accessible 
route, and the remainder no more than two rows from an accessible 
route. ADAAG 4.1.3(19) provides a similar requirement that 1% of seats 
be aisle seats with removable, folding, or no armrests. This 
requirement is intended to serve people who may have difficulty walking 
between rows of seats, use assistive devices for ambulation, or wish to 
transfer from wheeled mobility aids. The advisory committee did not 
recommend retaining this requirement because, with respect to 
wheelchair transfers, questions arise about the proximate storage of 
mobility aids and the potential obstruction of aisles by mobility aids. 
Further, the advisory committee noted that ADAAG did not require an 
accessible route to such seats, which brought into question the 
usefulness of this requirement for people wishing to transfer from 
wheelchairs to seats. The Board has included a requirement for a 
portion of aisle seats to be on accessible routes for people using 
wheelchairs who wish to transfer to seats. Since aisle seats also 
benefit people who have difficulty walking, including between rows of 
seats, but who can use stairs, the remainder of seats can be separated 
from the accessible route by no more than two rows.
    Question 12: At least 1% of seats must be designated aisle seats 
that have folding or removable armrests or no armrests. The Board seeks 
information on the cost and related design impacts of locating at least 
25% of these designated aisle seats on an accessible route and of 
locating the remainder of such seats no more than two rows from an 
accessible route.
    Section 221.5 provides a new requirement that where elevators or 
wheelchair lifts are provided on an accessible route to wheelchair 
spaces or designated aisle seats, they shall be provided in ``such 
number, capacity, and speed'' in order to provide a level of service 
equivalent to that provided in the same seating area to patrons who can 
use stairs or other means of vertical access. The Board added this 
requirement to ensure an equal level of convenience between accessible 
seating and inaccessible seating. Architects plan for efficient ingress 
and egress when they design assembly facilities, particularly stadiums. 
Designers should have available circulation data that is part of the 
architectural program and design. Generally, designers of new 
facilities have sufficient knowledge of the travel time between points 
(e.g., between the entry gate and seats or between the seats and 
concession stands) to comply with this requirement for equivalent 
vertical access.

222  Dressing, Fitting, and Locker Rooms

    This provision is generally consistent with ADAAG 4.1.3(21), but it 
also specifically references locker rooms in order to clarify the 
intended application. An exception permitting unisex facilities for 
altered dressing, fitting, or locker rooms derives from a similar 
provision in ADAAG 4.1.6 (3)(h).

223  Medical Care Facility Patient or Resident Sleeping Rooms

    This provision is substantively the same as ADAAG 6.1 in providing 
scoping for patient or resident sleeping rooms. The revised guidelines 
clarify coverage of ``licensed medical and long-term care facilities.'' 
The description of the facilities covered has been simplified by 
removing the ADAAG reference to medical facilities ``where persons may 
need assistance in responding to an emergency,'' as the advisory 
committee considered this portion of the description not useful. 
Scoping for alterations and additions in ADAAG 6.1(4) has been 
simplified in stating that the minimum percentage is to be based on the 
total number of sleeping rooms added or altered.
    While section 223 specifies the minimum number of sleeping rooms 
required to be accessible in medical care facilities, it does not 
specify dispersion among different types of sleeping rooms. The Board 
believes that accessible bedrooms should be dispersed among all units 
or departments providing overnight stay and among different classes of 
rooms, such as private, semi-private, etc. Industry practice and needs 
assessment can be used to further determine the distribution. For 
example, a greater number of accessible sleeping rooms might be located 
in general surgical units than in pediatric or obstetric wards. 
However, the use and designation of units or types of rooms often 
change over time as needed.
    Question 13: The Board seeks comment on how dispersion of 
accessible sleeping rooms can be effectively achieved and maintained in 
medical care facilities such as hospitals and long term care 
facilities. A requirement for such dispersion may be included in the 
final rule.

224  Transient Lodging Guest Rooms

    The minimum number of accessible guest rooms required has not been 
changed from that provided in ADAAG 9.1.2. However, Table 224.2 
clarifies that guest rooms with roll-in showers are to be provided in 
addition to the basic number of required accessible

[[Page 62258]]

guest rooms. In addition, there are two substantive changes that are 
also based on the advisory committee's recommendations. First, section 
224.3 is new and addresses the number of beds required to be accessible 
for situations such as homeless shelters, where a room may have a large 
number of beds. Scoping is provided in Table 224.3.
    Second, the Board has significantly revised the scoping provisions 
in section 224.4 for the number of guest rooms equipped with accessible 
communication features, including visual alarms and devices that 
provide visual notification of incoming telephone calls and door knocks 
or bells. ADAAG 9.1.3 provides a minimum number according to a sliding 
scale based on the total number of rooms provided. It requires 1 in 25 
rooms to comply up to a guestroom count of 100. Scoping successively 
decreases to 1 for every 50 rooms for the next 101 to 200 rooms and to 
1 for every 100 rooms for the next 201 to 500 rooms. For facilities 
with 501 to 1000 rooms, 2% of rooms must comply and where the room 
count exceeds 1000, the scoping drops to 1%. ADAAG 9.2.2(8) requires 
that all wheelchair accessible rooms be equipped with accessible 
communication features in addition to a number of rooms required to 
provide communication access only. The Board is proposing to increase 
the minimum number of rooms that provide accessible communication 
features to 50% of the total number of guest rooms provided. This 
increase is proposed for several reasons. The communication features 
addressed in this requirement address life safety in providing visual 
notification of fire alarms for people who are deaf or hard of hearing. 
Higher scoping will also afford greater flexibility in the guest room 
assignment of people who are deaf or hard of hearing, particularly in 
light of revisions to technical requirements for visual alarms in 
section 702.3 that effectively preclude the use of portable visual 
alarm devices. Further, anecdotal evidence indicates that operational 
alternatives used in accommodating individuals who are deaf or hard of 
hearing, including the use of portable devices and facility staff to 
directly alert guests of the need to evacuate the facility, are 
unreliable and ineffective.
    Question 14: Permanent installation of visual alarm appliances is 
considerably cheaper and easier to achieve as part of facility design 
and construction than as a retrofit. The Board requests information on 
the new construction cost difference between providing visual alarms 
and notification devices for incoming telephone calls and door knocks 
or bells according to the scoping in ADAAG 9.1.3 and the proposed 50% 
scoping requirement. Information is also sought on whether exceptions 
should be provided for altered facilities or additions.
    Question 15: It is the Board's understanding that some transient 
lodging facilities, particularly hotel chains, have adopted voluntary 
policies requiring permanently installed visual alarms in all or a 
majority of newly constructed guest rooms. Please provide information 
regarding those transient lodging facilities that have such a policy. 
Are there less costly alternatives to providing visual alarms in fifty 
percent of guest rooms that will provide guests who are deaf or are 
hard of hearing a comparable level of life safety?
    Section 224.5 requires dispersion of accessible rooms among the 
various classes of rooms provided, including room type, bed type, and 
other amenities to a degree comparable to the choices provided other 
guests. This is similar to a requirement in ADAAG 9.1.4(1). A 
clarification has been added that when complete dispersion is not 
possible due to the number of rooms required to be accessible, 
dispersion is to be provided in the following order of priority: room 
type, bed type, and amenities. The advisory committee recommended that 
the factors for dispersion were more appropriate for advisory 
information. The Board has retained this provision in the text of the 
rule since it contains mandatory direction. Consistent with the 
advisory committee's recommendation, section 224.5 also requires 
communication access in 50% of the wheelchair accessible guestrooms in 
addition to the requirement in section 224.4. This differs from ADAAG 
9.2.2(8) which requires that all wheelchair accessible guestrooms be 
equipped with accessible communication features.

225  Self-Service Storage Facilities

    This is a new requirement recommended by the advisory committee. 
ADAAG does not specifically address self-service storage facilities, 
and many ADAAG users questioned how access should be provided. Scoping 
as provided in Table 225.1 is 5% but drops to 2% after the first 200 
spaces. Accessible storage spaces are required to be dispersed among 
the various classes of units provided to the extent the number of 
accessible spaces allows. Where a facility is comprised of multiple 
buildings, accessible spaces can be clustered in one building. This 
provision addresses concerns raised by the self-storage industry 
regarding the number of entrances required to be accessible in 
facilities that may have more than fifty entrances to separate spaces. 
The advisory committee believed these unique circumstances warranted 
specific attention.

226  Dining and Work Surfaces

    Scoping for dining and work surfaces is consistent with ADAAG 
4.1.3(18). This provision integrates requirements for dispersion and 
dining counters that derive from the section on restaurants and 
cafeterias in ADAAG 5.1 and 5.2, respectively. However, the revised 
guidelines apply the dispersion requirement generally to all dining and 
work surfaces, whereas ADAAG 5.1 requires dispersion only for 
restaurant and cafeteria seating.

227  Sales and Service Counters

    This section corresponds to requirements for business and 
mercantile facilities in ADAAG 7. Section 227.2 provides scoping for 
check-out aisles that is consistent with ADAAG 7.3. This scoping 
however is not limited to business and mercantile occupancies and 
applies to all facilities with check-out aisles. It replaces a 
requirement in ADAAG 8.3 specific to check-out areas in libraries that 
requires at least one lane at check-out areas to comply. There is a 
substantive change to exceptions from the scoping requirement. ADAAG 
7.3 permits only one check-out aisle to be accessible where selling 
space is less than 5000 square feet. It also permits one check-out 
aisle of each design to be accessible in alterations of facilities with 
more than 5000 square feet of selling space. This is required until the 
number of accessible check-out aisles of each design equals the number 
required in new construction. The advisory committee recommended 
retaining these exceptions. However, the Board has removed the 
exception for facilities with less than 5000 square feet of selling 
space because small facilities rarely have more than one check-out 
aisle. In fact, small facilities generally have point of sales and 
service counters in lieu of check-out aisles. The exception for 
alterations has been retained but has been made generally applicable 
and is not limited to facilities with more than 5000 square feet of 
selling space. Requirements for identification of accessible check-out 
aisles in 227.2.1 includes a clarification that, where all check-out 
aisles are accessible, such identification is not required.
    Section 227.3 covers point of sales and service counters. This 
provision is consistent with ADAAG 7.2 except that no distinction is 
made between counters

[[Page 62259]]

with cash registers and those without, which the advisory committee 
considered insignificant.
    Requirements for food service lines in ADAAG 5.5 have been 
integrated into the scoping provision in 227.4. A new provision for 
queues and waiting lines at 227.5 clarifies that an accessible route is 
to be maintained where a defined circulation route is provided. A 
requirement for an accessible route through security bollards in ADAAG 
7.4 has been clarified and relocated to section 206.8. Section 206.8 
clarifies that security may not obstruct ingress or egress.

228  Storage

    Provisions for storage are consistent with those in ADAAG 
4.1.3(12). Examples of the types of storage elements covered have been 
moved to an advisory note. A new provision is provided in 228.2 that 
requires at least 5% of lockers to be accessible. Requirements for 
self-service shelving in section 228.3 are consistent with ADAAG 
4.1.3(12). The Board has removed a reference to display units because 
displays are not to be touched and therefore cannot be self-service. 
The requirement has been made generally applicable to all facilities 
types, not just mercantile occupancies, and effectively replaces 
requirements in ADAAG 8.5 specific to library stacks. A new provision 
is added for coat hooks and folding shelves in 228.4 to clarify, that 
where such elements are provided in toilet rooms or compartments, 
locker rooms, or dressing and fitting rooms, at least one of each type 
shall be accessible.

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

    This provision represents a change from ADAAG 5.8 which addresses 
vending machines and other equipment in restaurants and cafeterias. 
ADAAG provides only for clear floor space at such equipment. Consistent 
with the advisory committee's recommendation, requirements have been 
added for wheelchair turning space and the location of operable 
controls within accessible reach ranges in accordance with section 309 
at vending machines. In addition, the Board has added a requirement 
that operable controls meet the operating characteristics specified. 
The Board also has added specific references to ``depositories, change 
machines, and mail boxes'' and an exception that exempts drive-up only 
depositories from compliance. In view of the coverage of residential 
and other commercial facilities, the Board has included a provision 
that 5% of mail boxes be accessible where provided in an interior 
location. In residential facilities where interior or exterior mail 
boxes are provided on site, access is required to mail boxes serving 
dwelling units that are required to be accessible. The Board does not 
intend that this provision address U.S. Postal Service mail boxes in 
the public right-of-way because these elements may be provided in 
communities without accessible routes.

230  Windows

    The technical provisions for windows are reserved in ADAAG. Where 
glazed openings are provided for operation by the occupants of 
accessible spaces, the revised guidelines include a new provision which 
requires access to at least one glazed opening. In accessible rooms or 
spaces, access is also required to each glazed opening required by the 
administrative authority to be operable. The advisory committee and the 
Board reasoned that if windows are to be operable, they must be 
operable by all potential building occupants, including people with 
disabilities. Furthermore, new technology, including mechanical or 
electrical devices makes providing accessible windows possible.
    Section 230 requires that the operable parts of windows be 
accessible, but it does not address the height of glazed openings. 
Requirements for toilet room mirrors specify that the bottom edge of 
the reflecting surface be no more than 40 inches from the floor 
(section 603.3), and provisions for automatic teller machines require 
display screens to be visible from a point 40 inches above the center 
of the clear floor space in front of the machine (section 707.5.4).
    Question 16: Should a maximum sill height for the glazed area of 
those windows required to be accessible be specified in the final rule 
so that people who use wheelchairs, located on any floor, can look 
through the window to view ground level activities? If so, what should 
this height be? The Board also seeks information on any design 
requirements, practices, or considerations that would specify 
installation above an accessible height in certain occupancies for 
security or safety reasons, such as to guard against break-ins or to 
prevent improper use by building occupants, including children. 
Information is sought on any other design impacts, such as the use of 
the space or cavity below windows for mechanical or other building 
systems.

231  Two-Way Communication Systems

    In amending ADAAG to cover State and local government facilities, 
the Board added a requirement that where a two-way communication system 
is provided to gain admittance to a judicial, legislative, or 
regulatory facility, audible and visual signals must be provided. Also 
included was a requirement that handsets have a cord at least 29 inches 
long. In the revised guidelines, the Board has made this requirement 
applicable to all types of facilities where such two-way communication 
systems are provided.

232  Judicial Facilities

    This provision integrates scoping requirements for judicial 
facilities contained in ADAAG 11 without substantive change. Provisions 
in ADAAG 11 for legislative and regulatory facilities have been 
integrated into other scoping provisions of Chapter 2.

233  Detention and Correctional Facilities

    This section covers scoping for detention and correctional 
facilities, including the minimum number of holding and housing cells 
required to be accessible. These provisions are based on ADAAG 12 and 
have been edited to be consistent with the format of the revised 
guidelines. In addition, several substantive changes have been made. 
ADAAG 12.4.5 reserves scoping for accessible holding or housing cells 
in alterations. In publishing final amendments for State and local 
government facilities, the Board acknowledged that prison operators 
commenting on the proposed amendments urged that access not be required 
in altered correctional facilities because some existing facilities 
would not be able to support inmates with disabilities even if cells 
were made accessible. These comments also pointed to difficulties in 
complying due to design constraints unique to correctional facilities. 
In response, the Board had reserved a proposed scoping requirement for 
altered cells, but noted that public entities, including correctional 
entities, have an obligation to provide program access, as required by 
the Department of Justice (DOJ) title II regulations. Further, the 
Board noted that the program access requirement may effectively 
determine the degree of access necessary in an alteration. In the 
revised guidelines, the reserved provision has been replaced with an 
exception at 233.2 which states that in the alteration of holding or 
housing cells or rooms accessibility is required ``to the extent 
determined by the Attorney General.'' DOJ's title II regulation states 
that public entities must operate each service, program, or activity so 
that the service, program, or activity, when

[[Page 62260]]

viewed in its entirety, is readily accessible to and usable by 
individuals with disabilities. DOJ may revise its title II regulation 
to provide more specific guidance as to the extent to which the 
requirements for accessible cells or rooms in detention and 
correctional facilities apply to alterations. A similar exception also 
is provided for special holding and housing cells or rooms in section 
233.3.
    Exceptions are provided at F223.2 and F233.3 for corresponding 
provisions for detention and correctional facilities covered by the 
ABA. These exceptions, however, refer to applicable agency regulations 
implementing section 504 of the Rehabilitation Act for determining the 
extent to which access is required in the alterations of cells or rooms 
in detention and correctional facilities. The lack of a specific 
requirement for alterations to cells or rooms does not excuse a Federal 
agency or a federally funded entity from providing access to all of a 
prison's programs and services, when viewed in their entirety, if 
required under applicable section 504 regulations.
    In addition, two other changes have been made by the Board:
     guidance is provided on the number of beds required to be 
accessible within a room as specified for transient lodging facilities 
in Table 224.3; and
     scoping for accessible communication features in 
wheelchair accessible cells has been reduced from 100% to 50%, 
consistent with revised scoping for transient lodging facilities.

234  Accessible Residential Facilities

    The Board has added new scoping requirements for accessible 
residential housing covered by the ADA. This section requires that at 
least 5% (but no less than one) of the total number of dwelling units 
be accessible. An additional 2% minimum of the dwelling units are 
required to be equipped with accessible communication features but are 
not required to be wheelchair accessible. Dispersion of accessible 
units is required among the various types of units provided so that 
people with disabilities have choices of dwelling units comparable to 
and integrated with those available to other residents.

Part II: ABA Application and Scoping

    This part provides application and scoping requirements for 
facilities covered by the ABA. The Board develops and maintains minimum 
guidelines for buildings and facilities covered by the ABA 
10. These guidelines serve as the basis for standards issued 
by four standard-setting Federal agencies: the General Services 
Administration (GSA), the Department of Defense (DOD), the Department 
of Housing and Urban Development (HUD), and the U.S. Postal Service 
(USPS). Representatives of these agencies, as well as those of other 
departments, serve as Federal members of the Board. In this capacity, 
these agencies have coordinated closely with the Board in updating the 
ABA accessibility guidelines.
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    \10\ The ABA covers: (1) facilities constructed or altered by or 
on behalf of the United States; (2) facilities leased in whole or in 
part by the United States; (3) facilities financed in whole or in 
part by a grant or loan made by the United States, if such building 
or facility is subject to standards for design, construction, or 
alteration issued under authority of the law authorizing such grant 
or loan; and (4) facilities to be constructed under authority of the 
National Capital Transportation Act of 1965, or title III of the 
Washington Metropolitan Area Transit Regulation Compact. 
Notwithstanding the above, the ABA does not cover: a privately owned 
residential structure not leased by the Government for subsidized 
housing programs; or, any building or facility on a military 
installation designed and constructed primarily for use by military 
personnel without disabilities. The current ABA standard exempts 
various military facilities consistent with the statute (UFAS 
4.1.4(2)); this exclusion has not been retained in the revised 
guidelines as it is more appropriately contained in the implementing 
regulations issued by the DOD and the other standard-setting 
agencies.
---------------------------------------------------------------------------

    The Board has based the ABA scoping and application sections on the 
revised ADA scoping and application sections of Part I. This will 
ensure greater consistency between both scoping documents and will 
serve to establish greater uniformity in the level of access among 
facilities covered by the ADA or the ABA. The Board previously adopted 
a resolution introduced by GSA to ensure that the level of 
accessibility established for federally funded facilities in this 
rulemaking meets or exceeds that proposed for the private sector and 
State and local government sectors under the ADA. To this end, 
differences or departures from the ADA scoping and application sections 
have been minimized. Most changes are necessary due to differences 
between the ABA and ADA statutes and regulations issued under them. For 
example, the ABA covers facilities leased by Federal agencies and the 
guidelines for the ABA reflect this statutory difference. The 
guidelines for the ADA and ABA are being consolidated in one part of 
the Code of Federal Regulations (36 CFR Part 1191). The following 
discussion explains substantive differences from the application and 
scoping requirements for facilities covered by the ADA as discussed in 
Part I.

F103  Modifications and Waivers

    The ABA recognizes a process under which covered entities may 
request a modification or waiver of the applicable standard. The 
standard-setting agencies may grant a modification or waiver upon a 
case-by-case determination that it is clearly necessary. This 
modification and waiver process is recognized in section F103 as a 
substitute to the provision for ``equivalent facilitation'' in section 
103 provided for facilities subject to the ADA.

F106  Definitions

    Several defined terms in section F106.5 differ from those in the 
ADA application section. These include ``dwelling unit'' and 
``transient lodging'' which have been simplified and made mutually 
exclusive. Definitions for ``joint use'' and ``lease'' are included 
that pertain to provisions specific to the ABA covering leased 
facilities. Definitions of ``private building or facility'' and 
``public building or facility'' are not included because these terms 
are used to distinguish between places of public accommodation and 
commercial facilities covered by title III of the ADA (private) and 
State and local government facilities covered by title II of the ADA 
(public).

F202  Existing Buildings and Facilities

F202.2  Additions

    Section F202.2 addresses additions to existing facilities and 
provides specific criteria for accessible routes, entrances, and toilet 
and bathing facilities that derive from the current standard, UFAS. 
These provisions have been retained but are not provided in the ADA 
scoping document. Provisions in this section for public pay telephones 
and drinking fountains have been included for consistency with a 
requirement in the ADA scoping document for an accessible path of 
travel for certain additions (202.2).

F202.6  Leases

    The ABA requires access to facilities leased by Federal agencies. 
Section F202.6 contains scoping requirements for facilities that are 
newly leased by the Federal government, including new leases for 
facilities previously occupied by the Federal government. The 
negotiation of a new lease occurs when (1) the Federal government 
leases a facility that it did not occupy previously; or (2) an existing 
term ends and a new lease is negotiated for continued occupancy. The 
unilateral exercise of an option which is included

[[Page 62261]]

as one of the terms of a preexisting lease is not considered the 
negotiation of a new lease. Negotiations which do not result in a lease 
agreement are not covered by this section. Provisions in this section 
address joint-use areas, accessible routes, toilet and bathing 
facilities, parking, and other elements and spaces. Corresponding 
changes concerning coverage of leased facilities appear in the sections 
stating the purpose (F101) and the overall scope of the guidelines 
(F201.1).

F234  Housing

    The proposed scoping provisions for dwelling units covered by the 
ABA are identical to those proposed for the ADA. However, UFAS 4.1.4(3) 
effectively allows the Department of Defense the option to modify units 
when the need arises as opposed to providing accessible units at the 
time of construction and to do so on an installation-by-installation 
basis. This flexibility allows the military departments to leave 
families without disabilities in accessible units and to modify units 
to suit the needs of families with disabilities.
    Question 17: Should a similar exception be included in the revised 
guidelines that would permit accessible dwelling units under control of 
the Department of Defense to be designed to be readily and easily 
modifiable to be accessible provided that modifications are 
accomplished on a first priority basis when a requirement is 
identified? Also, should a similar exception be provided that permits 
provision of access on an installation-by-installation basis?

Other Differences from ADAAG

    Certain provisions or exceptions in the ADA scoping section 
applicable only to the private sector (i.e., places of public 
accommodation and commercial facilities) or recognized only by the ADA 
are not included in the ABA scoping section. These include:
     an exception that permits a limited level of access to 
work areas for approach, entry and exit and that does not otherwise 
require the area itself to be accessible (203.3);
     an exception from the requirement for an accessible route 
in private multi-level buildings and facilities that are less than 
three stories or that have less than 3,000 square feet per floor 
(206.2.3, Exception 1);
     TTY scoping provisions specific to private buildings 
(217.4.2.2 and 217.4.3.2); and
     an ADA exception from the requirement for accessible guest 
rooms for certain places of lodging that have five or fewer rooms for 
rent or hire (224.1, Exception).

Part III: Technical Requirements

    Part III provides technical requirements (Chapters 3 through 11) 
that are referenced by the ADA and ABA application and scoping 
documents. These requirements are based on recommendations from the 
advisory committee unless otherwise noted. The following analysis 
describes substantive differences between the revised guidelines and 
ADAAG technical requirements.
Chapter 3: Building Blocks
    Chapter 3 contains basic technical requirements considered to be 
the ``building blocks'' for accessibility as established by the 
guidelines. All sections of this chapter correspond to ADAAG 
requirements. They are referenced by scoping provisions in Chapter 2 
and by the technical chapters (4 through 11).

302  Floor or Ground Surfaces

    This section is substantively similar to ADAAG 4.5. Section 302.1 
requires floor or ground surfaces to be ``stable, firm, and slip 
resistant'' as does ADAAG 4.5.1. ADAAG however provides scoping 
language in this requirement that has not been included in 302.1. 
Instead, other technical sections, such as those for walking surfaces 
(403), ramps (405), and stairways (504) reference this requirement. 
ADAAG also applies the requirement generally to ``accessible rooms and 
spaces,'' a requirement that has not been retained in the revised 
guidelines because nearly all rooms and spaces must be accessible.
    Section 302.2 which addresses carpet is consistent with ADAAG 
4.5.3. Section 302.3 covers openings and derives from ADAAG 4.5.4. This 
requirement has been revised to cover ``openings'' instead of 
``gratings'' in order to cover all types of openings in a floor or 
ground surface that would be an impediment to mobility in addition to 
gratings, such as expansion joints and spaced wood decking. 
Clarification is also provided that this requirement does not apply to 
elevators or wheelchair lifts where an opening between the car and the 
floor level is necessary to operate the elevator.

303  Changes in Level

    This section is the same as ADAAG 4.5.2 except for editorial 
changes.

304  Wheelchair Turning Space

    Consistent with ADAAG 4.2.3, this section recognizes circular and 
T-shaped turning space and provides textual description of the size and 
dimensions for each contained in ADAAG Figure 3. Unlike ADAAG, this 
section clarifies that elements with knee and toe clearance can overlap 
turning space. It explains the extent to which overlap is permitted, 
limiting it to one segment of the T-shaped space. The overlap of 
circular turning space is not specifically limited although the maximum 
depth for knee and toe space has been increased from 19 to 25 inches as 
indicated in section 306. Additionally, clarification is provided that, 
in general, doors can swing into the turning space but that changes in 
level or slopes greater than 1:48 are not permitted within the space.

305  Clear Floor or Ground Space

    This section is consistent with ADAAG 4.2.4 and provides 
clarification that changes in level and slopes greater than 1:48 are 
not permitted within the clear floor or ground space.

306  Knee and Toe Clearance

    The revised guidelines provide specifications for knee and toe 
clearances as a basic ``building block.'' The specifications correspond 
to knee and toe clearances provided in ADAAG specifically for plumbed 
fixtures, including drinking fountains (4.15) and lavatories (4.19). 
The new format recognizes these clearances for other elements as well, 
such as tables and counters. There are two substantive changes. The 
maximum depth for the knee and toe space specified in 306.2.2 and 
306.3.2 has been increased from 19 to 25 inches. The advisory committee 
recommended this change for consistency with an ADAAG specification in 
Figure 5(b) for obstructed reaches which recognizes a 25 inch maximum 
depth. The other change concerns removal of the ADAAG specification of 
a 29 inch minimum apron clearance at lavatories, which the advisory 
committee considered ineffective without a minimum depth. Further 
detail has been added about the clearance between the knee and toe 
space; this clearance is permitted to be reduced at a rate of 1 inch 
for each 6 inches in height. The advisory committee's intent was to 
describe in text the sloping profile of the space between knees and 
toes in ADAAG Figures 27(a) and 31.

307  Protruding Objects

    This section is substantively consistent with ADAAG 4.4 except for 
the addition of three exceptions. An exception to the requirement for 
protrusion limits in 307.2 permits handrails serving stairs and ramps 
to

[[Page 62262]]

protrude 4\1/2\ inches maximum from wall surfaces. This was recommended 
by the advisory committee to prevent conflict with model code 
requirements. An exception to the requirement for post-mounted objects 
in 307.3 exempts the sloping portions of ramp or stair handrails. The 
Board has added an exception to the requirement for vertical clearances 
in 307.4 that permits door closers and door stops to encroach up to 2 
inches into the 80 inch minimum clearance. This exception clarifies a 
common question concerning standard size doors. This section uses the 
terms ``wall'' and ``post'' to provide a reference point for measuring 
protrusions. The terms are to be liberally construed. For example, a 
partition or a column is understood to provide a wall surface.

308  Reach Ranges

    This section is consistent with forward and side reach range 
requirements in ADAAG 4.2.5 and 4.2.6, including obstructed reaches. 
Forward reach ranges are 48 inches maximum and 15 inches minimum; side 
reach ranges are 54 inches maximum and 9 inches minimum. The advisory 
committee recommended that the side reach range, including obstructed 
reaches, be changed to those required for forward reaches. This 
recommendation was based on a report from the Little People of America 
which considered the 54 inch height beyond the reach for many people of 
short stature. The advisory committee also considered the 48 inch 
maximum for side reaches as preferable for people who use wheelchairs.
    The Board has not included this recommended change in the proposed 
rule because it believes a change to this long-standing provision 
requires further research. The reach range specifications apply to a 
wide variety of controls and elements, from gasoline dispensers to ATMs 
to information kiosks to off-street parking meters and self service 
parking payment and ticket machines. The Board believes information on 
the impact of the recommended change on these and other types of 
elements should be developed before proposing any reduction in the 
maximum side reach height. However, the most recent draft of the ICC/
ANSI A117.1-1998 does lower the high side reach to 48 inches, 
therefore, new codes based on this standard will be more stringent in 
this regard. The experience of the building industry and people with 
disabilities will provide an invaluable resource in subsequent 
revisions of ADAAG.

309  Operable Parts

    Requirements for operable parts are consistent with those for 
controls and operating mechanisms in ADAAG 4.27.
    Section 309.4 specifies that operable parts not require more than 5 
pounds of force for operation. This long-standing specification appears 
sufficient for controls operated by the hand, such as door hardware, 
faucets, and push plates. However, anecdotal information indicates that 
a 5 pound maximum is too high for controls activated by a single 
finger, such as elevator call and control panel buttons, platform lift 
controls, telephone key pads, function keys for ATMs and fare machines, 
and controls for emergency communication equipment in areas of refuge, 
among others. Usability of such controls also may be affected by how 
far the button or key must be depressed (i.e., the stroke depth) for 
activation. Information indicates that most control buttons of keys can 
meet a 3.5 maximum pounds of force and a maximum stroke depth of \1/10\ 
inches. The Board is considering including these specifications in the 
final rule based on responses to the following questions.
    Question 18: Comment is sought on whether a maximum 3.5 pounds of 
force and a maximum \1/10\ inch stroke depth provide sufficient 
accessibility for the use of operable parts activated by a single 
finger.
    Question 19: The Board seeks information on any types of operable 
parts covered by the revised guidelines that cannot meet, or would be 
adversely affected by, a maximum 3.5 pounds activation force and 
maximum \1/10\ inch stroke depth.
Chapter 4: Accessible Routes and Accessible Means of Egress
    In the revised guidelines, all components of accessible routes and 
means of egress have been combined into one chapter, including walking 
surfaces, doors, ramps, elevators, wheelchair lifts, and areas of 
refuge. Section 402 indicates that accessible routes consist of these 
components.

403 Walking Surfaces

    ``Walking Surfaces'' is a new term that has been introduced to 
refer to the portion of interior or exterior accessible routes existing 
between doors and doorways, ramps, elevators, or lifts. The 
requirements for walking surfaces derive from specifications for 
accessible routes in ADAAG 4.3 and are substantively the same in 
addressing floor or ground surfaces, slope, changes in level, clear 
width (including for turns around objects), wheelchair passing space, 
and protruding objects. There are three changes from technical 
requirements in ADAAG:
     the maximum cross slope has been changed from 1:50 to 1:48 
throughout the revised guidelines for consistency with model building 
codes (403.3);
     a new specification has been added that requires a minimum 
linear separation of 48 inches between permitted reductions in the 36 
inch minimum clear width (403.5); and
     for turns around objects, clarification has been added 
that, where a 60 inch minimum width at a turn is provided, the clear 
width of the connecting route can be 36 inches minimum instead of 42 
inches minimum because 60 inches permits 360 degree maneuvering 
(403.5.1).
    Question 20: The revised guidelines, like the current ADAAG, 
provide technical criteria for handrails along stairs and ramps. 
Section 505 of the revised guidelines provide requirements for 
continuity, height, clearance, gripping surface, cross section, 
fittings, and extensions. Handrails provided at other locations, such 
as along corridors in medical care facilities and airports, are not 
subject to these criteria except at stairs and ramps. The Board seeks 
comment on whether handrails, where provided along circulation paths 
without a slope or steps, should be subject to the technical 
requirements in 505. Such a requirement may be included in the final 
rule.

404  Doors and Doorways

    This section provides requirements for doors and doorways which 
correspond to those in ADAAG 4.13. Requirements for entrances in ADAAG 
4.14, which are basically scoping in nature, have been relocated to 
Chapter 2 as part of scoping provisions for accessible routes (206.4).
    Like ADAAG, requirements are provided for manual doors (404.2) and 
automatic doors (404.3). The Board has provided an exception in 404.2 
for manual doors, doorways, and gates operated only by security 
personnel under which compliance with requirements for door hardware, 
closing speed, and door opening forces is not required. This exception 
is based on one provided in ADAAG for judicial facilities and detention 
and correctional facilities. For consistency, the Board has made this 
exception generally applicable to all facilities. Security personnel 
must have sole control of doors that are eligible for this exception. 
It would not be acceptable for security personnel to operate the doors 
for people with disabilities while others have independent access. A 
similar

[[Page 62263]]

exception is provided for automatic doors in 404.3.
    Section 404.2.3 addresses clear width and is different from ADAAG 
in several respects. An exception in ADAAG 4.13.5 that allows a 20 inch 
minimum clearance at doors not requiring full user passage has been 
removed because such doors are not part of an accessible route. 
Clarification has been provided on the protrusion of door hardware into 
the clear width. ADAAG indicates that the clear width is to be measured 
to the face of the door. However, the clear width requirement has been 
misinterpreted as prohibiting certain door hardware, such as panic 
bars, from protruding into this clearance. Language has been added 
which prohibits projections into the minimum clear width at heights 
below 34 inches; above this height (up to 80 inches), projections of 4 
inches maximum are allowed. The Board has also editorially revised an 
exception that allows the latch side stop to protrude up to \5/8\ inch 
in alterations (404.2.3 Exception). In ADAAG, this exception is limited 
to cases of ``technical infeasibility.'' The Board has removed this 
qualification in this and other exceptions for alterations as noted in 
section 202 above.
    Section 404.2.4 specifies door maneuvering clearances which are 
consistent with ADAAG 4.13.6. However, ADAAG provides these 
specifications through illustration (Figure 25) and the revised 
guidelines, which provide all requirements in written text, use tables 
to provide this information (Tables 404.2.4.1 and 4042.4.2). 
Clarification is also provided for recessed doors. ADAAG Figure 25 
requires that doors in alcoves provide clearance for a forward 
approach. This provision has led to questions about what constitutes an 
``alcove.'' In 404.2.4.3, this requirement has been changed to apply 
specifically to ``recessed doors where the plane of the doorway is 
offset more than 8 inches from any obstruction within 18 inches 
measured laterally on the latch side of the door.''
    Section 404.2.5 covers thresholds. A provision in ADAAG 413.8 that 
allows thresholds \3/4\ inch high maximum at exterior sliding doors has 
been removed because products are available that meet the \1/2\ inch 
high maximum specified for all other doors. An exception that permits 
in alterations a \3/4\ inch maximum threshold if beveled on both sides 
has been retained.
    In section 404.2.7, which covers door hardware, a minimum mounting 
height for door hardware (34 inches) has been added. This height 
corresponds with revisions to the required clear width at doors to 
clarify that limited projections into the clear width are acceptable 
above this height. The maximum height (48 inches) is consistent with 
ADAAG 4.13.9. The advisory committee also recommended an exception that 
would permit any location for locks used only for security purposes and 
not for normal operation. This would address certain doors that 
typically have locks located outside the specified reach range, such as 
doors without stiles that lock at the bottom edge. The Board has 
included an exception but has further refined its application to 
``existing locks at existing glazed doors without stiles, existing 
overhead rolling doors or grilles, and similar existing doors or 
grilles that are designed with locks that are activated only at the top 
or bottom rail.'' The Board has limited this exception to existing 
doors or grilles because design solutions for accessible doors and 
gates are available in new construction.
    Closing speed is addressed by section 404.2.8 and corresponds to 
ADAAG 4.13.10. The required minimum closing speed for door closers is 
generally consistent with ADAAG, although the values differ due to 
changes in the measuring points. This revision was recommended by the 
advisory committee for consistency with the ICC/ANSI A117.1 standard. 
This section also includes a new provision for spring hinges, which 
offer little opening resistance and closing forces in the 1 to 2 pounds 
of force range. The requirement specifies that such hinges be adjusted 
so as to close from an open position of 70 degrees no faster than 1.5 
seconds.
    Two new provisions are provided for door surfaces and vision lites. 
Section 404.2.10 requires that swing doors have a smooth surface on the 
push side that extends the full width of the door. This provision 
derives from the ANSI A117.1-1992 standard and is intended to permit 
wheelchair footrests to be used in pushing open doors without risking 
entrapment on the stile. Exceptions to this requirement are provided 
for certain types of doors, such as tempered glass doors without 
stiles. Section 404.2.11 requires that, where vision panels in or 
adjacent to doors are provided, the bottom of at least one glazed panel 
be no higher than 43 inches from the floor for access to people using 
wheelchairs or who are of short stature. This height permits hardware 
to remain at industry standard locations. The Board has added an 
exception for vision lites that are more than 66 inches from the floor 
or ground, measured to the lowest part.
    Section 404.3 addresses automatic doors. As in ADAAG 4.13.12, full-
powered, low-energy, and power-assisted doors are addressed, and the 
industry standards (ANSI/BHMA 156.10 and 156.19) are referenced. The 
revised guidelines, as indicated in section 105.2, reference the most 
recent version of these standards (1996). Requirements in ADAAG 4.13.12 
for door opening speed and forces have been removed since they are 
addressed by the referenced standards. Other differences from ADAAG 
include:
     clarification that the required 32 inch minimum clear 
opening applies to both power-on and power-failure modes and that the 
clear width for automatic doors is based on the clear opening provided 
by all leafs when simultaneously in the open position (404.3.1);
     addition of a requirement that maneuvering clearances 
specified for swing doors be provided at power-assisted doors since 
such doors are manually operated (404.3.2);
     addition of a requirement that labels and warning signs 
for automatic doors meet requirements in section 703.4 for non-tactile 
signage (404.3.6); and
     addition of a requirement by the Board that the clear 
break out opening for swinging or sliding automatic doors be at least 
32 inches in emergency mode so that an accessible route through them is 
maintained in emergencies (404.3.7).

405  Ramps

    Requirements for ramps are based on those in ADAAG 4.8. Differences 
from ADAAG concern:
     removal of the requirement that ``the least possible 
[running] slope'' be used for any ramp, which is considered too vague 
from a compliance standpoint (the 1:12 maximum slope has been retained) 
(405.2);
     the maximum cross slope has been changed from 1:50 to 1:48 
for consistency with model building codes (405.3);
     clarification is provided that changes in level other than 
the running and cross slopes are not permitted on ramp runs (405.4);
     clarification is added that the required clear width (36 
inches minimum) is measured between the leading edge of handrails 
(405.5);
     clarification is provided that ramp landings cannot slope 
more than 1:48 or have any other change in level (405.7.1) and that 
ramp landings and door maneuvering clearances can overlap (405.7.5); 
and
     revision of the requirement for handrails so that it 
applies to any ramp with a rise greater than 6 inches but not to those 
with a horizontal projection

[[Page 62264]]

greater than 72 inches since it can discourage shallower slopes on 
short ramps (405.8).
    In addition, further specification is provided for edge protection 
in section 405.9. This section is clearer than ADAAG 4.8.7 in 
recognizing surface extensions beyond handrails (12 inches minimum) and 
in recognizing guards, curbs, or barriers that prevent passage of a 4 
inch diameter sphere at the ground or floor surface. Exceptions are 
provided to clarify that edge protection is not required on curb ramps 
with flared sides or returned curbs, at stair or ramp openings at 
landings, or at landings that have a maximum \1/2\ inch drop-off within 
10 inches horizontally of the minimum landing area.

406  Curb Ramps

    Requirements for curb ramps in the revised guidelines are 
consistent with those in ADAAG 4.7. Revisions made to requirements for 
ramps, such as the clarification that changes in level other than the 
running and cross slope are prohibited, apply to curb ramps as well. 
ADAAG originally contained a requirement in 4.7.7 that curb ramp 
surfaces have a raised distinctive pattern of truncated domes to serve 
as a warning detectable by cane or underfoot to alert people with 
vision impairments of the transition to vehicular ways. This warning 
was required for curb ramps in the belief that their sloped surfaces 
removed the tactile cue provided by the straight drop off of a curb. In 
response to concerns about the specification, which was based on 
research, the availability of complying products, proper maintenance 
such as snow and ice removal, usefulness, and safety concerns, the 
Board suspended this requirement jointly with the departments of 
Justice and Transportation in July 1994. This action suspended the 
requirements for detectable warnings at curb ramps, hazardous vehicular 
areas, and reflecting pools until July 26, 1996, pending the results of 
a research project on the need for detectable warnings at these 
locations and at vehicular-pedestrian intersections in the public 
right-of-way.
    The research project showed that vehicular-pedestrian intersections 
are very complex environments and that pedestrians who are blind or 
visually impaired use a combination of cues to detect intersections. 
The research project found that detectable warnings helped some 
pedestrians who are blind or visually impaired locate and identify curb 
ramps. However, the detectable warnings had only a modest impact on 
overall performance because, in their absence, pedestrians who are 
blind or visually impaired used other cues that might be available to 
detect the intersection. The research project indicated that there may 
be a need for additional cues at some types of intersections. The 
research project did not identify the specific conditions where such 
cues should be provided. The research project suggested that other 
technologies, which may be less costly and equally or more effective 
than detectable warnings, be explored for providing information about 
intersections.
    In 1996, the Access Board and the departments of Justice and 
Transportation extended the suspension of the detectable warning 
requirements to July 26, 1998, to allow the Board's ADAAG Review 
Advisory Committee to conduct its review of ADAAG and to make 
recommendations for revising and updating the document. The suspension 
has been extended to July 26, 2001. The advisory committee recommended 
that the requirement for detectable warnings at platform edges in 
transportation facilities be retained. The advisory committee also made 
specific recommendations for permitting equivalent tactile surfaces, 
and technology or other means to provide equivalent detectability of 
the platform edge as an alternative to the truncated dome surface (see 
discussion at section 705). The advisory committee did not make any 
recommendations regarding the provision of detectable warnings at other 
locations within a site. The advisory committee suggested that the 
appropriateness of providing detectable warnings at vehicular-
pedestrian intersections in the public right-of-way should be 
established first, and the application to other locations within a site 
should be considered afterwards. The Board has not included a 
requirement for detectable warnings within a site (i.e., at hazardous 
vehicular areas or reflecting pools) or at curb ramps.
    Section 406.7 addresses curb ramps provided at pedestrian islands 
which is consistent with ADAAG 4.7.11 and requires clear floor space at 
the top of ramps. The Board has added further detail on the width and 
location of this space relative to the curb ramp. A requirement in 
ADAAG 4.7.8 that curb ramps be located or protected so as not to be 
obstructed by parked vehicles has been removed because it is not always 
possible to prevent such obstruction solely through curb ramp design; 
operational factors, such as local traffic laws and their enforcement 
are also a key factor.

407  Elevators

    Requirements for passenger elevators in ADAAG 4.10 are updated in 
section 407. Elevators must meet the industry safety code, ASME/ANSI 
A17.1, according to the most recent version (1993 with 1994 and 1995 
addenda) as indicated in section 105.2. In addition to the types of 
passenger elevators recognized by ADAAG, the revised guidelines provide 
technical criteria for two new types of elevators destination-oriented 
elevators in 407.3 and limited-use/ limited-application (LULA) 
elevators in 407.4. A new subsection, 407.5, is also provided for 
existing elevators that are altered.
    Section 407.2 covers passenger elevators currently addressed by 
ADAAG. A reference in ADAAG 4.10.1 to ``combination passenger and 
freight elevators'' has been removed because the type of elevator this 
was intended to cover is generally considered a ``passenger elevator'' 
by the ASME Elevator Safety Code, which does not address 
``combination'' elevators.
    A change is made to specifications for car size in section 407.2.8. 
ADAAG 4.10.9 recognizes two standard car configurations based on early 
industry conventions and provides a general performance standard 
requiring that users be able to enter the car, maneuver within reach of 
the controls, and exit from the car. The advisory committee considered 
these specifications too restrictive since they did not specify other 
standard configurations, such as the elongated hospital-type car, that 
are considered to meet the general performance standard. In Table 
407.2.8, a greater variety of inner car dimensions are permitted. In 
addition to those specified by ADAAG, this table also permits cars with 
minimum inner dimensions of 54 by 80 inches and 60 by 60 inches. Other 
configurations that provide specified wheelchair turning space wholly 
within the car are also allowed. With respect to the clear width of the 
door opening, recognition of a \5/8\ inch tolerance is provided to 
accommodate common industry sizes using ``hard'' metric equipment 
sizes.
    Other revisions for standard elevators include:
     changing the height of call buttons from 42 inches 
``centered'' to a range between 35 to 48 inches measured to each button 
centerline (407.2.2);
     adding requirements for the frequency (1500 Hz maximum) 
and decibel ranges (20 to 80 dBA) for hall call buttons (407.2.3) 
(while the advisory committee recommended that this be measured at the 
annunciator, the

[[Page 62265]]

Board is requiring measurement at the call button, closer to the user);
     specifying that the minimum size of visible hall signals 
be measured ``along the vertical centerline of the element,'' a Board 
change that takes into account triangular signals (407.2.3.2.2);
     revising requirements for tactile signs at hoistway 
entrances by specifying that the 60 inch height is measured to the 
baseline of the character (instead for the centerline) for consistency 
with other tactile signage requirements (407.2.4);
     adding a requirement that a tactile star be provided at 
the main entry level hoistway entrance, and removing language regarding 
the use of applied plates since it was considered advisory (407.2.4);
     adding requirements for car controls so that numbers are 
provided in ascending order and, in the case of multiple columns, read 
left to right (407.2.11.1);
     recognizing the use of keypads as an option to control 
panels (which provides an option in situations where it would be 
difficult to locate all buttons of a control panel within the specified 
reach range) and requiring that they follow the standard telephone 
keypad arrangement and have tactile characters (407.2.11.2);
     providing a maximum decibel level (80 dBA) for audible car 
position indicators (407.2.12.2);
     requiring car position indicators to provide automatic 
verbal announcements because of the ready availability of such 
indicators, and allowing audible signals only in slow-moving elevators 
having a maximum rated speed of 200 feet per minute (407.2.12.2); and
     requiring that ``essential'' information be presented in 
both tactile and visual form where instructions for the use of 
emergency communication equipment are provided (407.2.13).
    Question 21: The Board is considering requiring a frequency band 
width of 300 to 3000 Hz for hall signals (407.3.2) in the final rule 
and seeks comment on such a requirement as it would affect 
intelligibility for people who are hard of hearing and others. 
Information on the availability of products and costs of such a 
requirement is requested.
    Question 22: Section 407.2.13 addresses two-way emergency 
communication systems and requires that emergency signaling devices not 
be limited to voice communication. The Board seeks information and 
product literature on emergency communication devices and communication 
technologies that provide two-way communication in a manner accessible 
to people who are deaf and others who cannot use voice communication. 
The Board will consider adding a requirement for more interactive 
emergency communication devices that provide such access if they are 
presently available and if the costs and benefits can be demonstrated.
    The advisory committee also recommended lowering the maximum height 
for control buttons from 54 to 48 inches, consistent with its 
recommendations for reach ranges generally. This recommendation is 
based on a report from the Little People of America indicating that a 
54 inch height is too high for most people of short stature. As 
discussed at section 308 above, the Board has not included this 
requirement. The advisory committee recognized a potential adverse 
impact of a lower maximum height on elevators with panels that must 
have a large number of buttons in a limited amount of space and 
recommended an exception that would allow the 54 inch maximum height 
for elevators with more than 16 stops.
    Section 407.3 provides technical requirements for destination-
oriented elevators. These elevators are different from standard 
elevators in that passengers indicate their floor destination, 
typically using a keypad, when calling an elevator. The responding car 
is programmed by the time of arrival to the destination. This system 
allows more efficient utilization of elevators by reducing the number 
of stops per trip. The revised guidelines require that these elevators 
comply with the ASME/ANSI A17.1 safety standard and with most of the 
requirements for standard elevators in 407.2. Different specifications 
are provided for call buttons, hall signals, car controls, car position 
indicators, and hoistway entrance designations. Provisions specific to 
destination elevators require:
     keypads, where provided instead of call buttons, to have a 
standard phone keypad arrangement (407.3.1);
     different visible and audible car arrival signals for each 
car in a bank which correspond to those signals given when registering 
a call so users know which car is responding to their call (407.3.2);
     location of car controls, which typically include only 
emergency controls, within 35 to 48 inches from the floor (since fewer 
buttons are provided, the Board has retained the 48 inch maximum 
instead of the 54 inch maximum specified for other elevators) 
(407.3.3);
     visual display of each floor at which a car has been 
programmed to stop, and automatic verbal announcement of each floor the 
car stops at (407.3.4); and
     tactile identification of each car at the hoistway 
entrance so persons with vision impairments can identify the car 
responding to their call (407.3.5).
    The revised guidelines also provide technical requirements for LULA 
elevators. This type of elevator is typically smaller and slower than 
other passenger elevators and is used for low-traffic, low-rise 
installations, including residential facilities. The advisory committee 
recommended that this type of elevator be allowed where a standard 
elevator is not required. Since this kind of elevator requires less 
space and costs less, the advisory committee reasoned that LULAs will 
provide a more viable option in providing vertical access in multi-
story buildings not required to have an elevator. The technical 
requirements for these elevators are provided in section 407.4.
    Where provided, LULAs would be required to comply with the 
applicable section of the safety code, ASME/ANSI A17.1, Chapter XXV. 
Most of the requirements are the same as those for other elevators 
except that LULAs are not subject to criteria for door timing, door 
delay, or car position indicators. Provisions that differ from those 
for other elevators concern doors, car size, and car controls. Low-
energy power-operated swing doors are permitted as an alternative to 
sliding doors if they meet the ANSI/BHMA A156.19 standard and 
requirements in section 404 of this guideline. They are required to 
remain open for at least 20 seconds when activated. Sliding doors are 
subject to door operation requirements of other elevators. A smaller 
car size is permitted: 42 inches wide minimum and 54 inches deep 
minimum (with a 36 inch minimum width allowed for installations in 
existing facilities). Doors are required to be provided on the short 
dimension. While considerably smaller than other elevators, these 
dimensions are intended to approximate the maximum car size possible 
for this type of elevator. Car controls are subject to the same 
requirements as other elevators except that they must be installed on 
the side wall.
    The revised guidelines provide more detail than ADAAG on the 
requirements for existing elevators that are altered. Section 407.5 
provides requirements for other elevators that are altered if full 
compliance with 407.2 is not undertaken. Such elevators are subject to 
most of the requirements for new construction, but a variety of 
allowances are included in 407.5 to recognize the potential difficulty 
of bringing existing equipment into full compliance. In

[[Page 62266]]

section 407.5.4, smaller cars are permitted if they are at least 36 
inches wide and 54 inches deep with a clear floor area of at least 16 
square feet. The advisory committee recommended that a 48 inch minimum 
depth be permitted, but the Board considers the 54 inch minimum depth 
more appropriate in accommodating a wider range of mobility aids, 
including scooters with a long wheel base. This specification replaces 
provisions in ADAAG 4.1.6(3)(c) permitting smaller sized cars. This 
section also:
     does not require call buttons to be raised or flush, 
unless new buttons are installed (407.5.1);
     does not require existing hall signals to meet new 
construction requirements for frequency (1500 Hz maximum) or decibel 
levels (20 to 80 dBA), unless new signals are installed (407.5.2);
     allows existing hoistway swing doors that are manually 
operated or automatic if they provide a 32 inch minimum clear width and 
have a maximum 5 pounds opening force, but requires that power-operated 
car doors not begin to close until the hoistway door is closed 
(407.5.3);
     removes an exception in ADAAG 4.16(3)(c) that allows 
existing safety door edges instead of automatic door reopening devices 
which the advisory committee considered of little benefit (407.5.3);
     allows existing control panels not to comply where a 
fully-compliant panel is provided (407.5.5.4);
     allows car control buttons to be recessed and provides 
flexibility in the location of tactile markings at existing control 
panels but requires that new panels fully comply (407.5.5);
     allows existing car position indicators not to comply 
(407.5.6); and
     requires that accessible elevators be identified by the 
International Symbol of Accessibility unless all elevators in a 
building are accessible.

408  Wheelchair (Platform) Lifts

    Requirements for wheelchair lifts are consistent with those in 
ADAAG 4.11 in specifying ground and floor surfaces, clear floor space, 
and operable parts. Like ADAAG, the revised guidelines require 
compliance with the safety code for elevators and escalators, ASME/ANSI 
A17.1, but references the most recent edition as indicated in section 
105.2. The final rule will reference the ASME/ANSI A18.1 Safety 
Standard for Platform Lifts and Stairway Chairlifts if the new standard 
is published prior to the publication of the final rule. The revised 
guidelines provide additional specifications for lift doors and gates 
in section 408.2 that are not contained in ADAAG. These additional 
specifications are designed to facilitate unassisted entry and exit. 
Wheelchair lifts with doors or gates on opposing sides generally 
facilitate lift use by permitting a forward approach to both entry and 
exit doors or gates. The revised guidelines require lifts that do not 
provide this ``pass through'' to have low energy, power-operated doors 
or gates that meet the applicable requirements of the ANSI/BHMA A156.19 
standard. As with LULA elevators, doors or gates are required to remain 
open for at least 20 seconds when activated.

409  Accessible Means of Egress

    The advisory committee recommended revising the criteria for 
accessible means of egress to make them more consistent with model 
building codes and standards. These changes serve to provide more 
detail on the acceptable components of accessible means of egress. 
Section 409.1 recognizes that an accessible route complying with 
section 402 can be used as an accessible means of egress, except for 
wheelchair lifts, which are not permitted as part of accessible means 
of egress because they are not generally provided with standby power 
that would allow them to remain functional in emergencies when power is 
lost. New requirements are provided for the use of exit stairways and 
elevators that are part of an accessible means of egress when provided 
in conjunction with horizontal exits or areas of refuge meeting section 
410. A horizontal exit is a fire-safety concept included in model 
building codes that in effect creates an area of refuge. For example, a 
story is divided into areas separated by a fire resistive wall. The 
fire door in the wall is the horizontal exit and, in the event of a 
fire, occupants can move away from the fire into the area that would be 
protected by the fire resistive wall (model code requirements are based 
on the assumption that fire will not occur in both areas 
simultaneously).
    Under section 409.2, exit stairways can serve as part of an 
accessible means of egress if they contain an area of refuge or if they 
can be accessed from either an area of refuge or a horizontal exit. 
Such stairways must also meet the requirements for stairways in section 
504 and, as required by ADAAG, have a minimum clear width of 48 inches 
between handrails. The requirements for exit stairways are not 
applicable to facilities not required to have areas of refuge (i.e., 
those protected throughout by a supervised automatic sprinkler system 
and open parking garages) or to exit stairways that serve a single 
guest room. Exit stairways accessed from a horizontal exit are not 
required to provide the minimum 48 inch clear width.
    While typical elevators are not designed to be used during 
emergency evacuation, there are elevators that are designed with 
standby power and other features according to the elevator safety 
standard that can be used for evacuation. The revised guidelines 
require such elevators as part of an accessible means of egress in 
buildings where accessible floors are four or more stories above or 
below the level of exit discharge (section 207.2). This is consistent 
with model codes. Section 409.3 provides the technical criteria for 
these elevators and requires standby power so that emergency or other 
authorized personnel can use the elevator for evacuation after the loss 
of primary electrical power. These elevators must meet requirements for 
emergency operation and signaling devices in the elevator safety code 
(ASME/ANSI A17.1, Rule 211). These elevators must be accessed from a 
complying area of refuge or a horizontal access except in facilities 
equipped throughout with a supervised automatic sprinkler system or 
open parking garages, which are exempt from the requirement for areas 
of refuge.

410  Areas of Refuge

    The revised guidelines use the term ``areas of refuge'' instead of 
``areas of rescue assistance'' and provides technical requirements that 
would replace those in ADAAG 4.3.11. The revised guidelines introduce 
some new requirements for areas of refuge and differ from ADAAG in not 
listing each type of space that can serve as an area of refuge. 
Requirements for location (410.2), construction (410.4), and smoke 
resistance (410.5) replace the space-specific criteria in ADAAG 
4.3.11.1. Section 410.2 introduces a maximum travel distance to an area 
of refuge that is based on the travel distance permitted for the 
occupancy by the administrative authority. This section also clarifies 
that each area of refuge must have direct access to an exit stairway or 
evacuation elevator.
    Under section 410.4, smoke barriers separating areas of refuge from 
the rest of the floor must have a minimum one-hour fire-resistance 
rating, and doors in the smoke barrier must have a minimum 20 minute 
fire-resistance rating. These requirements and others pertaining to 
doors and openings, including those for heating, ventilation, and air 
conditioning (HVAC) coincide with those in ADAAG as specified for areas 
of rescue assistance based on their

[[Page 62267]]

location. Section 410.5 is more direct than ADAAG in requiring all 
areas of refuge to be designed to prevent the intrusion of smoke. This 
requirement does not apply to facilities protected throughout 
(including areas of refuge provided although not required) by a 
supervised automatic sprinkler system. Consistent with ADAAG, and the 
model codes, special design requirements dealing with intrusion of 
smoke is not required for areas of refuge located in exit stair 
enclosures. A story-level landing within a fire resistance rated exit 
enclosure will provide a satisfactory area for staging evacuation 
assistance. Section 410.5 also specifies that where an elevator lobby 
serves as an area of refuge, the hoistway and lobby must comply with 
requirements for smoke-proof enclosures (unless the elevators are in an 
area of refuge formed by a horizontal exit or smoke barrier). This is 
consistent with ADAAG, but the revised guidelines recognize the use of 
horizontal exits or smoke barriers in this situation. Also, 
requirements in ADAAG 4.1.3.1(7) for activation, fire ratings, and 
pressure differentials where elevator lobbies serve as areas of refuge 
have not been included in the revised guidelines because they are 
extensively addressed by contemporary building codes.
    Requirements for size (410.3), communication system (410.6), 
instructions (410.7), and identification (410.8) are consistent with 
ADAAG. Section 410.7 provides greater detail on the type of 
instructions required in areas of refuge. Instructions must include 
directions to other means of egress, urging people to use exit stairs 
if they can, information on evacuation assistance and how to summon it, 
and directions for using the required two-way communication system.
    Question 23: Section 410.6 requires that emergency communication 
systems have visible signals in addition to audible signals so that 
limited communication access is provided for people who are deaf or 
hard of hearing. Use of two-way communication systems is recognized but 
not required. As with elevator communication systems, the Board seeks 
information and product literature on emergency communication devices 
and communication technologies that provide two-way communication in a 
manner accessible to people who are deaf and others who cannot use 
voice communication. The Board will consider adding a requirement for 
more interactive emergency communication devices that provide such 
access if they are presently available and if the costs and benefits 
can be demonstrated.
Chapter 5: General Site and Building Elements
    Chapter 5 contains requirements for accessible parking and 
passenger loading zones, stairways, and handrails.

502  Parking Spaces

    This section is substantively consistent with ADAAG 4.6, except for 
changes concerning identification of van spaces and accessible routes. 
Requirements in 502.6 for the identification of spaces have been 
revised by adding a specific mounting height (60 inches above the 
ground measured to the bottom edge of the sign); ADAAG 4.6.4 requires 
signs to be located so that they are not ``obscured by a vehicle 
parking in the space.'' In addition, the requirement that van spaces be 
designated as ``Van-accessible'' has been removed. The advisory 
committee recommended this action because this designation has been 
misinterpreted as reserving spaces solely for van users when in fact it 
was intended only to identify those spaces better suited for van use. A 
requirement in ADAAG that parked vehicle overhangs not reduce the clear 
width of connecting accessible routes has been removed as it is 
redundant with the requirement for clear width.
    Other revisions have been made in sections 502.3 and 502.4 to 
clarify that:
     access aisles are to be marked;
     changes in level beyond the maximum 1:48 slope are not 
permitted for either the space or the access aisle; and
     the access aisle must be at the same level as the parking 
space.
    Requirements for the location of accessible parking in ADAAG 4.6.2 
have been relocated to Chapter 2 at 208.4 since these provisions 
contain scoping information.

503  Passenger Loading Zones

    Requirements for passenger loading zones are based on those 
contained in ADAAG 4.6.6. Unlike the scoping provisions in 209, the 
technical criteria of this section have not been significantly changed. 
Requirements have been added in section 503.3 and 503.4 to clarify 
that:
     access aisles are to be marked;
     changes in level beyond the maximum 1:48 slope are not 
permitted for either the space or the access aisle; and
     the access aisle must be at the same level as the parking 
space.

504  Stairways

    Two new provisions have been added to the requirements for stairs 
contained in ADAAG 4.9. In section 504.2, a riser height of 4 to 7 
inches is specified, consistent with some model codes and the ICC/ANSI 
A117.1 standard. ADAAG requires a uniform riser height but does not 
specify a dimension. Section 504.4 permits an allowable slope up to 
1:48 for tread surfaces to allow for drainage and prohibits changes in 
level on treads. ADAAG does not address tread slope.

505  Handrails

    Requirements for handrails at ramps and stairs in ADAAG 4.9.4, 
4.8.5, and 4.26 have been combined into one subsection in the revised 
guidelines. An exception in 505.2 from the requirement for handrails on 
both sides of aisle ramps has been expanded to include aisle stairs 
since the revised scoping for stairs is likely to cover stairs not 
covered by ADAAG. However, this exception has been limited to one 
handrail, whereas ADAAG currently exempts both handrails.
    In sections 505.3 and 505.4, revisions have been made to clarify 
that handrails are not required to be continuous at aisle seating and 
that the handrail height is to be consistent along a stairway or ramp. 
In section 505.5, the 1\1/2\ inch knuckle clearance in ADAAG has been 
changed from an absolute to a minimum dimension. The advisory committee 
recommended this change because an absolute or maximum clearance is 
intended to prevent entrapment; this rationale was considered more 
pertinent to grab bars than to handrails. Also, some building codes 
require a clearance greater than 1\1/2\ inches. Another difference 
concerns specifications for gripping surfaces in section 505.6. The 
revised guidelines specify what is considered a ``continuous'' gripping 
surface by defining allowable interruptions by handrail brackets or 
balusters. Under this provision, surface interruptions are not 
considered obstructions if they obstruct no more than 20% of the 
handrail length; have horizontal projections beyond the sides of the 
handrail at least 2\1/2\ inches below the bottom of the handrail; and 
edges have a \1/8\ inch minimum radius.
    Many questions have arisen about the ADAAG specification in 4.26.2 
for handrail diameter of 1\1/4\ to 1\1/2\ inches (indicated in Figure 
39 as the outside diameter) particularly in the use of pipe. Section 
505.7 changes this range to 1\1/4\ to 2 inches and clarifies its 
application to the outside diameter. The advisory committee pointed to 
studies that show a larger cross-section is more graspable and allows a 
stronger grip. This section also provides more specific guidance on 
acceptable alternatives to the specified circular cross-section. Non-
circular

[[Page 62268]]

cross-sections are permitted that have a perimeter dimension between 4 
to 6\1/4\ inches and a cross-section diameter of 2\1/4\ inches maximum. 
Section 505.10 covers handrail extensions and clarifies that they are 
not required at handrails in aisles serving seating where handrails are 
necessarily discontinuous.
Chapter 6 Plumbing Elements and Facilities
    Chapter 6 provides technical requirements for plumbed fixtures and 
toilet and bathing rooms and replaces those for such elements and 
spaces in ADAAG 4.15 through 4.24.
    Previously adopted amendments to ADAAG that provide alternate 
specifications for building elements designed for children's use are 
included in the revised guidelines. These specifications address 
drinking fountains, water closets, toilet compartments, lavatories and 
sinks. The provisions have been editorially revised to fit into the new 
format of the revised guidelines but remain substantively the same. As 
with the current ADAAG, these provisions are provided as exceptions to 
requirements that are based on adult dimensions. Use of the alternate 
specifications, while optional, will be driven where an element or 
space is designed specifically for children's use. The alternate 
specifications address clear floor space at drinking fountains (602.2), 
water closets and toilet compartments (604.1, 604.9), grab bar heights 
(609.3), and knee clearances at lavatories and sinks (606.2).
    ADAAG 4.1.3(11) permits toilet rooms provided for the use of 
occupants of specific spaces, such as the private toilet room for the 
occupant of a private office, to be ``adaptable.'' Adaptable refers to 
design that allows certain access features, such as grab bars, to be 
added or altered after construction when needed to accommodate a person 
with a disability. The revised guidelines retain this provision but 
provide more guidance on the type of spaces covered and on what 
constitutes ``adaptability'' throughout Chapter 6. Instead of relying 
on a general scoping provision as in current ADAAG, the revised 
guidelines provide a series of exceptions to technical criteria for 
doors to toilet and bathing rooms (603.2.3), toilet seat heights 
(604.4), grab bars at water closets (604.5), bathtubs (607.4), and 
showers (608.3), and lavatory knee clearance and counter heights 
(606.2, 606.3). These exceptions are applicable to toilet and bathing 
rooms ``for a single occupant, accessed only through a private office 
and not for common or public use.''

602  Drinking Fountains and Water Coolers

    Requirements for drinking fountains and water coolers derive from 
those in ADAAG 4.15. Like ADAAG, a forward approach is required at 
wall- or post-mounted, cantilevered units in section 602.2. A parallel 
approach is permitted at other types of units, such as those that are 
floor-mounted.
    Question 24: A forward approach to drinking fountains provides 
easier access than a parallel approach. Should a forward approach, 
which includes knee and toe clearances below the unit, be required at 
all drinking fountains for adults that must be accessible? Such a 
requirement may be included in the final rule.
    It is also specified that clear floor space for either a forward or 
parallel approach ``be centered on the unit,'' a stipulation not 
contained in ADAAG but that is consistent with the intent of the clear 
floor space requirement for a forward approach. ADAAG 4.15.4 requires 
that controls meet operation requirements and be mounted at the front 
of the unit or on the side near the front edge. The revised guidelines 
require operable parts to meet section 309, which not only covers the 
operation requirements but also requires location within the applicable 
forward or side reach range.
    ADAAG 4.15.3 requires the spout to be at the front of the unit. 
Section 602.5 is more specific on the spout location and requires the 
location based on the approach provided; no more than 5 inches from the 
front edge (including bumpers) and at least 15 inches from the vertical 
support at units with a forward approach and 3\1/2\ inches maximum from 
the front edge (including bumpers) at units providing a side approach. 
Additional specification is provided for the water flow based on 
requirements in the ICC/ANSI A117.1 standard. Like ADAAG 4.15.3, the 
water flow must be at least 4 inches high to allow insertion of a cup 
or glass under the flow. ADAAG is more specific with respect to round 
or oval bowls, which are required to have spouts positioned so that the 
water flow is within 3 inches of the front edge of the unit. Section 
602.6 of the revised guidelines specifies the maximum angle of the 
water flow measured horizontally relative to the front face of the unit 
(30 degrees where the spout is located within 3 inches from the front 
and 15 degrees where the spout is located within 3 to 5 inches from the 
front).
    The advisory committee recommended removing access requirements for 
people who have difficulty bending or stooping, in part because ADAAG 
does not provide any technical criteria for such access. The Board has 
retained a requirement for standing access at a portion of units and 
has provided in section 602.7 a requirement for the spout height (39 to 
43 inches measured from the floor or ground to the spout outlet). This 
range is based on the height of certain drinking fountain models 
currently available in the marketplace.

603  Toilet and Bathing Rooms

    This section contains requirements for toilet and bathing rooms 
found in ADAAG 4.22 and 4.23 with several substantive revisions. Like 
ADAAG, section 603.2.3 prohibits doors from swinging into the clear 
floor space required for any fixture. However, an exception from this 
requirement has been provided for individual-use toilet and bathing 
rooms where clear floor space for an occupied wheelchair is provided 
beyond the arc of the door swing. The advisory committee felt that the 
rationale for the ADAAG requirement is most relevant to multi-user 
toilet or bathing facilities and that in single-user facilities, 
wheelchair space beyond the arc of the door swing is sufficient. This 
exception in no way affects the requirement in 603.2.1 for wheelchair 
turning space. That requirement is applicable to single- and multi-user 
toilet rooms. For those facilities designed to serve a single occupant 
accessed only through a private office and not for public or common 
use, a second exception allows the door to swing into fixture clear 
floor space where the swing of the door can be reversed. Section 603.4 
provides a new requirement that coat hooks and fold-down shelves, where 
provided, be accessible. Coat hooks must be within the accessible reach 
ranges specified in section 308, and fold-down shelves are to be 
mounted from 40 to 48 inches above the floor. (This requirement is also 
restated for toilet compartments at 604.8.3.) In addition, a 
requirement for the height of mirrors in the ADAAG section on 
lavatories (4.19) has been relocated to this section at 603.3.

604  Water Closets and Toilet Compartments

    This section integrates requirements in ADAAG 4.16 and 4.17 for 
water closets and toilet compartments. Requirements in 604.2 through 
604.7 apply to water closets, including those located in toilet 
compartments, and requirements in 604.8 are specific to toilet 
compartments. Section 604.9 provides criteria for toilet compartments 
designed according to children's

[[Page 62269]]

dimensions as an optional alternative to the requirements based on 
adult dimensions in section 604.8.
    Substantive changes are proposed for the location of water closets 
and clear floor space at water closets. Section 604.2 specifies that a 
water closet centerline be located 16 to 18 inches from the adjacent 
side wall. This differs from ADAAG which requires an 18 inch absolute 
dimension in 4.16.2 (Figure 28). The advisory committee considered the 
absolute dimension overly restrictive and pointed to early studies that 
indicate closer placement is acceptable. Section 604.3 requires that 
the clear floor space at water closets be at least 60 inches wide and 
56 inches deep and prohibits any other obstruction or fixture other 
than the water closet, grab bars, and tissue dispensers from 
overlapping this space. ADAAG Figure 28 specifies the same clear floor 
space dimension but allows lavatories on the same plumbing wall to be 
mounted as close as 18 inches to the centerline of the water closet. In 
this case, ADAAG specifies clear floor space at the water closet 48 
inches wide minimum (instead of 60 inches) and, in the case of a 
forward approach, at least 66 inches deep (instead of 56 inches). While 
the clear floor space at the lavatory ensures additional space near the 
water closet, the closer placement of the lavatory effectively 
prohibited space for side transfers to the water closet. In practice, 
the lavatory cannot be placed as close as shown in ADAAG Figure 28 due 
to the rear grab bar which must be at least 36 inches long unless the 
grab bar overlaps the lavatory. Also, the advisory committee noted that 
the lavatory should not be used to support the weight of a person 
transferring since lavatories are not required to provide structural 
support, and they do not provide adequate hand holds. For these 
reasons, the advisory committee recommended that fixtures, including 
lavatories, not be permitted to overlap the 60 inch wide space at water 
closets. This will allow space for side transfers at all accessible 
water closets. Under this change, the space saved by locating a 
lavatory closer to the water closet on the same plumbing wall could 
only be accomplished by recessing the lavatory so that it does not 
overlap the clear floor space at the water closet.
    Revisions are made to requirements for the rear grab bar, flush 
controls, and toilet paper dispensers. Consistent with ADAAG 4.16.4, 
the rear grab bar must be at least 36 inches long. However, section 
604.5.2 permits a shorter grab bar of 24 inches if wall space is not 
available for a 36 inch grab bar. This provision will accommodate a 
recessed lavatory on the plumbing wall and thereby recover space in the 
toilet room. Section 604.6 requires flush controls to be within the 
accessible reach ranges (48 inches maximum for a forward approach) 
instead of the 44 inch maximum permitted by ADAAG 4.16.5. With respect 
to toilet paper dispensers, ADAAG 4.16.6 specifies a minimum height of 
19 inches. Section 604.7 changes this dimension and provides further 
detail on the location. Dispensers must be 7 to 9 inches in front of 
the water closet (measured to the dispenser centerline) and must be 
between 15 and 48 inches above the floor and mounted so that there is a 
minimum clearance of 1\1/2\ inches below or 12 inches above the side 
grab bar. Most extra large dispensers do not meet these requirements 
because they block use of grab bars or are too low or too high to 
comply with ADAAG reach ranges. Toilet paper dispensers are subject to 
requirements for operable parts in 309.4 (operable with one hand 
without grasping, pinching, twisting of the wrist, or a force of more 
than 5 pounds).
    Section 604.8 provides requirements for toilet compartments. 
Section 604.8.1 covers wheelchair accessible compartments, and section 
604.8.2 covers compartments providing access for people who are 
ambulatory. These requirements are based on those in ADAAG 4.17, 
4.22.4, and 4.23.4. ADAAG 4.17.3 permits alternate smaller compartment 
designs in alterations where providing a standard wheelchair accessible 
stall is not technically feasible. These designs permit a considerably 
narrower compartment (36 or 48 inches instead of 60 inches minimum) in 
exchange for more depth (an additional 10 inches). These alternate 
designs are not included in the revised guidelines for two reasons. The 
advisory committee did not believe the alternate stall designs provide 
sufficient wheelchair access because they fail to accommodate the most 
common diagonal or side transfers. In addition, the Board has sought to 
limit alternate specifications based on technical infeasibility as 
discussed at section 202 above.
    Section 604.8 states that toilet compartments with more than one 
plumbing fixture are required to comply with requirements in section 
603 for toilet rooms to ensure access to each fixture. For example, if 
a lavatory is located within a compartment, it would have to be 
installed so as not to overlap the minimum 60 inch wide clear floor 
space at the water closet and wheelchair turning space would be 
required within the compartment. Revisions to the requirements for 
water closets in section 604.2 through 604.7 apply to those located in 
toilet compartments as well.
    Wheelchair accessible compartments are based on the requirements 
for ``standard'' stalls in ADAAG 4.17 and Figure 30. Requirements for 
doors and toe clearance have been slightly modified. Section 604.8.1.2 
requires doors to be self-closing and to have accessible door pulls on 
both sides of the door near the latch. These requirements are not 
provided in ADAAG and have been added to facilitate access. ADAAG 
4.17.4 specifies toe clearance at least 9 inches high below a side and 
the front partition unless the stall is deeper than 60 inches. Section 
604.8.1.4 addresses the minimum depth for this clearance (6 inches 
beyond the compartment-side face of the partition) which is consistent 
with other requirements for toe space. This section permits the toe 
space to be added to the compartment if partitions provide less than 9 
inches clearance.
    Requirements in 604.8.2 for compartments providing ambulatory 
access are consistent with requirements in ADAAG 4.22.4 and 4.23.4 
except for several changes. With respect to size, the section 604.8.2.1 
of the revised guidelines specifies a minimum depth (60 inches) whereas 
ADAAG does not. Consistent with requirements for wheelchair accessible 
compartments, section 604.8.2.2 requires that compartment doors have an 
accessible pull on both sides near the latch. Also, compartment doors 
are prohibited from swinging into the minimum required compartment 
area, which may permit an inward swinging door where the compartment 
depth is sufficiently increased; ADAAG requires that such compartments 
have outward swinging doors.

605  Urinals

    Requirements for urinals are based on those in ADAAG 4.18. ADAAG 
requires an ``elongated'' rim of an unspecified dimension. The advisory 
committee considered this requirement as indistinguishable from 
standard rims and recommended its removal. The Board instead has sought 
to clarify this provision by specifying a minimum dimension of 13\1/2\ 
inches, measured from the outer face of the urinal rim to the back of 
the fixture. A requirement permitting a minimum clearance between 
urinal shields of 29 instead of 30 inches where shields do not extend 
beyond the rim has been removed.

606  Lavatories and Sinks

    The revised guidelines combine into one section technical criteria 
for

[[Page 62270]]

lavatories in ADAAG 4.19 and for sinks in ADAAG 4.24. Provisions for 
clear floor space in 606.2 revise several ADAAG requirements. The 
requirement for a minimum 29 inch high apron clearance has been removed 
because without a specified depth the effectiveness of this requirement 
is questionable. This change also makes the provision consistent with 
knee clearance requirements for other elements, such as tables and 
counters. Clarification has been added that the dip of the overflow can 
project into the knee and toe clearances since the effect on access is 
considered negligible. Clarification has been added, consistent with 
the Board's interpretation of ADAAG, that the required knee and toe 
clearance need only be applied to one bowl of a multi-bowl sink. The 
Board has removed a specification for sinks in ADAAG 4.24.4 for a 
maximum bowl depth of 6\1/2\ inches since required knee clearances and 
counter heights effectively govern this dimension. ADAAG requires that 
lavatory and sink faucets meet requirements for operable controls in 
ADAAG 4.27.4 and lists acceptable types (e.g., lever, push, 
electronically controlled). Section 606.4 requires compliance with 309, 
which not only covers operating characteristics but also accessible 
reach ranges. References to acceptable faucet types, which are non-
mandatory in nature, have been relocated to an advisory note.

607  Bathtubs

    This section corresponds to requirements in ADAAG 4.20 with several 
revisions concerning clear floor space and shower spray units. Section 
607.2 covers clear floor space and requires that it extend at least 12 
inches beyond permanent seats provided at the head end of the bathtub. 
ADAAG Figure 33(b) does not require this additional space and permits 
the clear floor space to extend only to the end of the seat. This 
requirement was added so that sufficient space is available for persons 
using wheelchairs to more properly align themselves with the tub seat 
for transfer. In section 607.6, the minimum length of the hose for the 
shower spray unit has been reduced one inch to 59 inches to accommodate 
metric-based industry conventions. The Board has added a requirement 
that shower spray units have a water on/off control for greater access. 
In this section, clarification has been added that where a vertical bar 
is used to provide an adjustable-height shower unit, the bar must be 
installed so as not to obstruct the use of grab bars. Similar revisions 
to the requirements for shower spray units are provided for shower 
compartments as well in section 608.6.

608  Shower Compartments

    Like ADAAG 4.21, this section provides requirements for transfer-
type showers and for roll-in showers. ADAAG Figure 57 shows a specific 
type of roll-in shower equipped with a seat that is required in a 
portion of accessible guest rooms in transient lodging facilities. This 
design is incorporated into section 608 and can be used in other types 
of facilities as well to provide an accessible shower compartment.
    Substantive changes have been made concerning water temperature, 
shower spray units, and curbs. Section 608.6 provides a new requirement 
for thermal shock protection (to 120 degrees Fahrenheit maximum). ADAAG 
4.21.6 provides an exception that fixed shower heads 48 inches high 
maximum can be used instead of the required hand held unit in 
``unmonitored facilities where vandalism is a consideration.'' This 
exception has been removed due to a lack of clarity on the types of 
facilities that qualify for this exception. Section 608.7 permits curbs 
up to \1/2\ inch provided that those above \1/4\ inch are beveled with 
a slope of 1:2 maximum. This differs from ADAAG 4.21.7 which permits 
such a curb (although without beveling) at transfer-type showers but 
not at roll-in showers. The advisory committee felt that a beveled curb 
will allow access into roll-in showers while permitting a change in 
level that can help keep water in the compartment, a common concern 
with roll-in showers. This provision is consistent with requirements 
for changes in level in section 303.3.
    Other revisions have been made to clarify that:
     where multiple grab bars are used instead of a single 
continuous grab bar from wall to wall, they must be installed at the 
same height (608.3);
     shower seats can be attachable or integral (608.4);
     controls, faucets, and shower spray units must be 
installed on the rear wall at showers with seats so that they are 
within reach from the seat (608.5); and
     shower spray units in transfer-type showers must be 15 
inches maximum from either side of the centerline of the seat (608.5).

609  Grab Bars

    Grab bar specifications are consistent with those in ADAAG 4.26, 
including required mounting heights at toilet and bathing fixtures 
shown in ADAAG Figures 29, 30, 34, and 37. Like ADAAG 4.26.2, a 
diameter between 1 and 1\1/2\ inches is required, but section 609.2 
provides further specifications for allowable shapes providing an 
equivalent gripping surface: a 2 inch maximum cross-section dimension, 
a perimeter dimension between 4 and 4-\11/16\ inches, and edges with a 
\1/8\ inch minimum radius. This section also provides a minimum 
clearance of 15 inches above grab bars (although a 1\1/2\ inch 
clearance is allowed between grab bars and shower controls, shower 
fittings, and other grab bars). Consistent with the ICC/ANSI A117.1 
standard, clarification is provided in section 609.6 that grab bars can 
be installed in any manner that provides a gripping surface at the 
specified locations and that does not obstruct clear floor space.

610  Seats

    Requirements for bathtub and shower seats are based on ADAAG 
requirements in 4.20.3 and 4.21.3. Section 610.2 addresses bathtub 
seats and requires removable seats to be 15 inches deep minimum to 16 
inches deep maximum and permanent head-end seats to be 15 inches deep 
minimum. A height of 17 to 19 inches is required. This differs from 
ADAAG which does not specify a width for removable seats or a height, 
and requires an absolute dimension of 15 inches for head-end seats.
    Section 610.3 covers shower seats and allows a rectangular shaped 
seat in addition to the L-shaped seat specified in ADAAG Figure 36. 
Rectangular seats, like removable tub seats, must be 15 inches deep 
minimum to 16 inches deep maximum. This section provides more 
specification than ADAAG for the size of L-shaped seats. ADAAG Figure 
36 provides maximum dimensions for this type of seat. The revised 
guidelines provide minimum dimensions consistent with the ICC/ANSI 
A117.1 standard. A specification also has been added requiring that the 
seat extend from the back wall to a point within 3 inches of the 
compartment entry or seat wall width to reduce problems from water 
infiltration. The maximum distance of the seat from the seat wall has 
been increased from 1\1/2\ to 2\1/2\ inches.
    Question 25: The revised guidelines more clearly permit a choice 
between rectangular and L-shaped seats for transfer and roll-in shower 
stalls. Is one shape more usable and accessible than the other?

611  Laundry Equipment

    New requirements are provided for washing machines and clothes 
dryers, equipment ADAAG does not address. These requirements are based 
on the ICC/ANSI A117.1 standard. This section

[[Page 62271]]

requires clear floor space for a parallel approach (611.2), accessible 
operable parts (611.3), and the height of appliance openings: 34 inches 
maximum above the floor for top-loading machines and between 15 to 34 
inches for front-loading machines (611.4).
Chapter 7: Communication Elements and Features
    This chapter provides technical criteria for communication elements 
such as fire alarms, signs, telephones, assistive listening systems, 
and automatic teller machines (ATMs) and fare machines. Extensive 
revision of requirements is proposed for these elements, particularly 
fire alarm systems, signs, and ATMs and fare machines.

702  Fire Alarm Systems

    This section is vastly different from ADAAG 4.28 in providing 
updated and more detailed criteria for the visual component of fire 
alarm systems. The advisory committee based its recommendations on 
information developed by a coalition of organizations representing 
people who are deaf or hard of hearing or who have epilepsy, the fire 
alarm industry, and Underwriters Laboratories, Inc. (UL). The 
recommendations represent the goal of updating specifications for 
alarms to improve protection of people who are deaf or hard of hearing 
while minimizing the effect on persons with photosensitive epilepsy. 
Through coordination with the National Fire Protection Association 
(NFPA) and ANSI, which were represented on the advisory committee, the 
proposed criteria are virtually identical to updated requirements in 
the NFPA 72 (1996) and the ICC/ANSI A117.1 standards.
    Specifications for audible alarms in ADAAG 4.28.2 have been revised 
as well. The maximum sound level for alarms is reduced from 120 to 110 
decibels as more appropriate and to guard against tinnitus.
    Question 26: ADAAG does not address the frequency of audible 
alarms. The Board requests information on the optimal frequency range 
for people who are hard of hearing. Responses should include, where 
possible, supporting data indicating the benefit to people who are hard 
of hearing and others.
    Requirements for visual alarms are provided in section 702.3. In 
section 702.3.1, the maximum flash rate has been reduced from 3 Hertz 
(Hz) to 2 Hz. Research conducted by the coalition found a minimum flash 
rate of 1 Hz to be the slowest rate that does not significantly 
increase reaction time of people who are deaf or hard of hearing. Flash 
rate is considered the primary factor affecting persons who are 
photosensitive. A 1 Hz flash rate is considered sufficient; an 
allowance up to 2 Hz is specified to allow a tolerance for 
manufacturing and field conditions. New language clarifies the 
parameters over which an appliance must meet the specified flash rate 
since changes in voltage can affect the flash rate.
    New criteria are provided in section 702.3.2 for light dispersion 
which address the required percentage of rated intensity at various 
angles from the visual appliance. The requirements, provided in table 
form (Tables 702.3.2.1 and 702.3.2.2) distinguish wall- and ceiling-
mounted appliances and are based on UL 1971, Signaling Devices for the 
Hearing Impaired. ADAAG does not provide criteria for dispersion of 
visual alarms. Section 702.3.4 addresses the required location of 
appliances. Wall-mounted appliances are required to be 80 to 96 inches 
above the floor (measured to the bottom of the appliance), except that 
appliances that are part of a smoke detector are to be located 4 to 12 
inches from the ceiling (measured to the top of the smoke detector). 
These revisions are consistent with NFPA 72, including the mounting 
height for smoke detectors. ADAAG 4.28.3 does not specifically address 
visual appliances integrated with smoke detectors and specifies an 
absolute height of 80 inches (or 6 inches below the ceiling, whichever 
is lower). However, photometric calculations of lamp intensity for 
mounting heights of 80 and 96 inches show only nominal differences and 
are practically equivalent. Further, the ADAAG height specification is 
considered too restrictive. Ceiling-installed appliances are required 
to be 30 feet maximum above the floor.
    Section 702.3.4 provides new requirements under which the minimum 
lamp intensity is determined by the size of the area served. These 
specifications serve to minimize the number of appliances in a room or 
space in order to prevent the cumulative flash rate of multiple 
strobes, which can affect people with photosensitive epilepsy. Multiple 
appliances are allowed only where coverage by a single appliance is not 
possible due to room size, shape, construction or furnishings. In this 
case, criteria are provided to prevent the effective flash rate from 
posing a hazard: placement of two appliances on opposing walls, 
synchronization of flashes, or minimum separation between appliances 
(55 feet in any 135-degree field of view) in rooms 80 feet by 80 feet 
or greater. The minimum required effective intensity is specified in 
table form (Tables 702.3.4.2 and 702.3.4.3) for wall-and ceiling-
mounted appliances based on the size of the covered area and the 
permitted number of appliances. These specifications are based on NFPA 
72 criteria. The minimum intensities are based on the rule that 
illumination from a light source will vary in proportion to the square 
of the distance to the light source. Combined with the dispersion 
requirements, a minimum 0.0375 lumens per square foot is provided 
throughout the covered areas. As such, appliances with an effective 
intensity of 15 candela are allowed in small spaces. ADAAG 4.28.3 
requires a minimum 75 candela with a general maximum separation of 50 
feet. The criteria of the table are based on location of wall-installed 
appliances at the midpoint of the longest side of the area served and 
the location of ceiling-installed appliances at the center point of the 
covered area. Alternate specifications for the minimum effective 
intensity are provided for appliances located elsewhere.
    Section 702.3.5 provides revised requirements for the spacing and 
intensity of appliances located in corridors. Corridors 20 feet or less 
in width are required to have appliances with a minimum effective 
intensity of 15 candela spaced from 50 to 100 feet apart and located no 
more than 15 feet from each end of the corridor. Interruptions in the 
concentrated viewing path, such as elevation changes, are to be treated 
as the end of the corridor. Corridors greater that 20 feet in width are 
treated like other spaces. This differs from ADAAG 4.28.3 which 
specifies a maximum corridor spacing of 50 feet and a minimum effective 
intensity of 75 candela. The intensity and greater spacing are 
permitted because the linear nature of corridors allows a direct view 
of appliances and the spacing requirements serve to minimize the number 
of appliances within view for the benefit of people who are 
photosensitive.
    Like ADAAG 4.28.4, criteria specific to visual alarms in guest 
rooms are provided. Significant changes have been made. ADAAG technical 
requirements for ``auxiliary'' alarms in effect permit use of portable 
types of alarms. Use of portable devices have proven unsatisfactory in 
that the responsibility for installing such devices has fallen to 
guests. Persons needing these devices also do not have the benefit of 
knowing whether the device is ready to function properly. Section 
702.3.6 revises the criteria for guest room applications to

[[Page 62272]]

require permanent installation of visual alarms. Visual alarms 
activated by smoke detectors and the building fire alarm system, where 
provided, are required, and signaling must be supervised. One appliance 
can be used for activation by both smoke detectors and the building 
alarm system so long as the building alarm system is not activated by 
the smoke detector. This interconnection has not been embraced by the 
fire alarm industry due to technical differences between the two 
systems. However, this interconnection is only permitted where smoke 
detector activation does not trigger the building alarm system. Greater 
detail is also provided on the location of appliances. ADAAG 4.28.4 
requires the signal to be ``visible in all areas of the unit.'' The 
revised guidelines, consistent with NFPA 72, specifies placement and 
intensity considered necessary to awake sleeping persons. Appliances 
must be no more than 16 feet from the location of the head end of the 
bed, measured horizontally. The Board has added clarification that 
appliances must be directly or indirectly visible in all parts of the 
sleeping room or suite. Appliances must have minimum effective 
intensity of 110 candela (if more than 2 feet below the ceiling) and 
177 candela (if less than 2 feet below the ceiling). ADAAG requires a 
75 candela minimum. The increased candela requirements are considered 
necessary to awaken people asleep, with an even greater increase 
provided for appliances closer to the ceiling.

703  Signs

    The technical section on signs, like the section on alarms, 
represent significant departures from ADAAG. This section provides more 
detailed requirements for signs than ADAAG 4.30. The technical criteria 
proposed were developed by the ANSI A117 Signage Task Force. The 
advisory committee recommended adoption of the task force's 
requirements with some modifications. The task force sought to update 
requirements for signs to improve access for the widest range of users 
and to provide specifications that were clear, direct, and less likely 
to be misinterpreted. While striving to prohibit undesirable design 
characteristics and to make more specific what constitutes accessible 
signs, the task force also wanted to provide requirements in a way that 
would allow considerable design flexibility.
    Requirements are provided for signs read by touch and for signs 
read visually. Scoping provisions in section 216 require permanent 
designation of permanent rooms and spaces to meet requirements for both 
tactile and visual access. This is a substantive change from ADAAG 
4.1.3(16) which requires that such signs comply mainly with 
specifications for tactile access only. The signage task force 
considered this requirement insufficient for visual access. Section 703 
requires both types of access but allows a choice: permanent signs can 
comply with section 703.2 which provides requirements for both tactile 
and visual access achievable in one sign or access can be provided 
separately through two signs, one that is tactile in accordance with 
703.3 and one that is visual in accordance with 703.4. There are some 
differences between the requirements for combined tactile-visual signs 
and those provided separately, which represent slight compromises in 
the desired level considered necessary for signs providing both tactile 
and visual access. In either case, tactile signs are required to 
contain Braille complying with 703.5, and pictograms, where required to 
be tactile, must meet requirements in 703.6.
    Signs that provide direction to, or information about, spaces or 
facilities, are subject to the requirements in section 703.4 for visual 
access, which is consistent with ADAAG 4.1.3(16). Required symbols of 
access are provided in section 703.7.
    Requirements in 703.2 for signs providing both tactile and visual 
access specify:
     A non-glare finish and light-on-dark or dark-on-light 
contrast between characters and their background (703.2.1);
     Tactile characters raised at least \1/32\ inch with a 
minimum \3/8\ inch separation from raised borders or other decorative 
elements where provided (703.2.2);
     Tactile characters must be upper case, sans serif, \5/8\ 
to 2 inches high, and meet requirements for character width and stroke 
thickness (703.2.3);
     Minimum spacing between characters (703.2.4) and lines of 
text (703.2.5); and
     Sign mounting height (703.2.6) and location (703.2.7).
    The specifications for finish and contrast are similar to those in 
ADAAG 4.30.5 except that references to ``eggshell'' and ``matte'' as 
non-glare finishes have been removed because this is not always the 
case. For example, matte stainless steel is not generally considered 
``non-glare.''
    Requirements in 703.2 for tactile characters, character forms, and 
character and line spacing differ from ADAAG 4.30 in that:
     The minimum \3/8\ inch separation between raised 
characters and borders or other decorative elements is new and is 
designed to limit interference with tactile reading (703.2.2);
     Only sans serif fonts are allowed and italic, oblique, 
script and other highly decorative styles are clearly prohibited (ADAAG 
allows ``simple'' serif forms; a term without specific meaning in the 
industry that has been removed for both clarity and improved access) 
(703.2.3.2);
     The specified character width of 55% to 110% of the 
character height is slightly different than the 60% to 100% ADAAG 
requires, but the characters specified for determining the new 
proportions (upper case ``O'' for width and upper case ``I'' for 
height), which are based on industry convention, make the effect of 
this change negligible (703.2.3.3);
     The character height is based on the upper case ``I'' 
instead of the upper case ``X'' ADAAG specifies (703.2.3.4);
     A character (the upper case ``I'') is specified for 
determining stroke thickness (703.2.3.5);
     The maximum stroke thickness has been reduced from 20% to 
15% of the character height since thinner strokes are easier to read 
tactually (703.2.3.5);
     More specific guidance is provided for the stroke 
thickness of raised characters with beveled or rounded cross sections 
in recognition that they are perceived visually by the full (i.e., 
base) dimension and tactually by the top dimensions (ADAAG requirements 
for stroke thickness do not apply to raised characters) (703.2.3.5); 
and
     Specifications for character spacing (\1/8\ to \3/8\ 
inches), with additional guidance for beveled or raised characters, and 
for line spacing (135% to 170% of character height) are new and address 
both visual and tactual legibility (703.2.4 and 703.2.5).
    There are changes in the mounting height and location of signs. 
Characters are required to be installed between 48 and 60 inches high 
measured from the baseline of characters. ADAAG 4.30.6 specifies 
tactile signs to be centered at 60 inches above the floor, a 
specification that was considered inadequate because it does not 
regulate the location of characters and can permit characters located 
outside the proper reach range. Like ADAAG, tactile signs are required 
on the latch side of doors or, if no wall space is available, on the 
nearest adjacent wall. An exception is provided for signs located on 
the push side of doors that have closers but that do not have devices 
that hold the door open. The revised guidelines requires that signs be 
located

[[Page 62273]]

on the right side at double doors, a more uniform location that can 
make them easier to locate tactually. Clear floor space of 18 by 18 
inches minimum centered on the sign is required beyond the arc of the 
door swing, which clarifies the requirements in ADAAG 4.30.6 that signs 
be located so one can ``approach within 3 inches of signage without 
encountering protruding objects or standing within the swing of a 
door.''
    Where separate tactile and visual signs are provided to convey the 
same information, the requirements for tactile-only signs in section 
703.3 are different in several respects:
     There are no requirements for finish and contrast;
     A smaller character height of \1/2\ to \3/4\ inches is 
required (instead of \5/8\ to 2 inches as specified for combination 
signs and by ADAAG) because it is believed that smaller characters are 
easier to read tactually (703.3.2.4);
     Only a maximum stroke width (15%) is specified because 
information indicates that the thinnest possible stroke is preferred by 
people who read tactually (703.3.2.5); and
     Closer character spacing of \1/8\ to \1/4\ inches is 
required as preferable for tactual reading (spacing up to \3/8\ inches 
is allowed for combination tactile-visual signs) (703.3.3).
    Visual signs provided separately from tactile signs are held to 
different criteria considered optimal for visual legibility. Under 
section 703.4, these signs are subject to the same requirements for 
finish and contrast, character width, and line spacing. Criteria for 
raised letters, including mounting location, do not apply. Requirements 
for character forms and spacing, line spacing, and mounting height are 
considerably different:
     Lower case characters are permitted, as in ADAAG, because 
words in all upper case are considered difficult to read visually 
(703.4.2.1);
     ``Conventional'' character styles are specified, which can 
include fonts with serifs because serifs do not necessarily reduce 
visual readability, although italic, oblique, script and highly 
decorative forms are prohibited (ADAAG does not specify the style of 
non-tactile characters) (703.4.2.2);
     A range for the minimum character height of \5/8\ inch to 
more than 3 inches is specified in Table 703.4.2.4 according to sign 
height and the viewing distance, information much more detailed than 
ADAAG 4.30.3, which requires characters to be ``sized according to the 
viewing distance'' although a 3 inch minimum is specified for signs 80 
inches or more above the floor (703.4.2.4);
     The maximum character stroke thickness (30% of the 
character height) is greater than that specified for tactile signs 
(15%) or in ADAAG (20%) (703.4.2.5);
     Character spacing between 10% to 35% of the character 
height differs from the spacing for tactile signs (703.4.3); and
     A minimum mounting height of 40 inches is required, which 
differs from the height of tactile signs and from ADAAG which does not 
address the height of visual signs (703.4.5).
    Consistent with ADAAG, tactile signs must contain Grade II Braille. 
Section 703.5 differs from ADAAG 4.30.4 by providing specific criteria 
for Braille, including dot height and base diameter, dot and cell 
separations (Table 703.5), location (below raised text), minimum 
spacing from raised characters (\1/4\ inch) and from raised borders 
(\3/8\ inch), and the height from the floor (40 to 60 inches measured 
from the baseline of Braille cells). Requirements for pictograms in 
703.6 and required symbols of accessibility in 703.7 are consistent 
with corresponding provisions in ADAAG 4.30.4 and 4.30.7.

704  Telephones

    This section provides requirements for wheelchair access, volume 
controls, and TTYs. Substantive differences from requirements in ADAAG 
4.31 concern volume controls, hearing aid compatibility, and TTYs.
    Section 704.3 requires volume controls that provide a gain up to at 
least 20 decibels and an intermediate gain of 12 decibels, and have an 
automatic reset. ADAAG 4.31.5 requires a gain between 12 to 18 
decibels, which can be greater if an automatic reset is provided. The 
advisory committee recommended increasing the gain to 20 decibels and 
to require an automatic reset. The Board has revised the requirement 
for consistency with accessibility guidelines the Board issued under 
section 255 of the Telecommunications Act of 1996, which provides a 
similar requirement for other types of phones. In rulemaking on the 
Telecommunications Act Accessibility Guidelines, persons who are hard 
of hearing reported having trouble using public pay telephones because 
of inadequate receiver amplification levels. Many comments to the 
docket supported adjustable amplification ranging from 18-25 decibels 
of gain as proposed in that rulemaking. However, several telephone 
manufacturers cited the National Technology Transfer and Advancement 
Act of 1996, which requires the Federal government to make use of 
technical specifications and practices established by private, 
voluntary standards-setting bodies, wherever possible. The ICC/ANSI 
A117.1-1998 standard requires certain public pay telephones to provide 
12 decibels of gain minimum and up to 20 decibels maximum and that an 
automatic reset be provided. In recognition of the National Technology 
Transfer and Advancement Act, this amplification level was specified in 
the Telecommunications Act Accessibility Guidelines even though 
information was received in that rulemaking indicating a gain of 25 
decibels is not a problem for current telephone technology. The 
requirement in section 704.3 of the revised guidelines is consistent 
with both the ICC/ANSI A117.1 standard and the Telecommunications Act 
Accessibility Guidelines. Under the Telecommunications Act, the Board 
intends to publish a market monitoring report. Should this market 
monitoring report show that persons who are deaf or hard of hearing 
continue to report having trouble using telephones because the level of 
amplification is not high enough, the Board may revisit this issue in 
the future.
    Question 27: The Board seeks information from pay telephone 
manufacturers and providers on the time frame necessary to produce 
products that meet the proposed specifications for volume control.
    Question 28: Mute features on public pay telephones can increase 
audibility by temporarily disconnecting the telephone's microphone 
while the user listens through the earpiece so that background noise is 
not amplified through the earpiece. The Board seeks information on the 
feasibility and cost of equipping new and existing public pay 
telephones with a mute button. Comment is sought on whether such a 
requirement should be included in the final rule.
    ADAAG 4.31.5 requires telephones to be compatible with hearing 
aids. This is required for all wheelchair accessible telephones and 25% 
of all other public pay telephones. The Board has removed this 
requirement as unnecessary because telephones made in or imported into 
the U.S. are already required to be compatible with hearing aids as a 
result of the Hearing Aid Compatibility Act of 1988.
    The Board has added requirements for telephones with TTYs in 704.4 
to address wheelchair access. ADAAG 4.31.9 does not specifically 
require that telephones with TTYs be wheelchair accessible. As revised, 
the operable parts of both the TTY and the telephone must be accessible 
as required in section

[[Page 62274]]

309, which specifies accessible reach ranges. Knee and toe space for a 
forward approach is required below the TTY, and when in use, the touch 
surface of the TTY keypad must be between 30 to 34 inches from the 
floor. This height will provide access for both people who use 
wheelchairs and those who do not. All TTYs are required to be 
wheelchair accessible, although an exception is provided for TTYs at 
telephones located in cubicles equipped with fixed seats. Under this 
exception, which applies only to assembly occupancies, half the number 
of TTYs are not required to be wheelchair accessible.
    Question 29: Requirements for TTYs do not address the height of 
display screens. Due to the typical character size displayed, users 
must be in close proximity to the screen. The Board seeks information 
on TTY screen heights that are appropriate for people who use 
wheelchairs and for standing persons and whether the requirement for 
ATM display screens is appropriate for TTYs as well. The Board may 
include a specification for the height of TTY display screens in the 
final rule.
    ADAAG 4.31.9(3) recognizes portable TTYs as an alternative to those 
permanently affixed to telephone enclosures in certain limited 
situations as an ``equivalent facilitation.'' Like other examples of 
equivalent facilitation, this provision has been removed.

705  Detectable Warnings

    The technical criteria for detectable warnings are consistent with 
those in ADAAG 4.29 and those required on the boarding platforms of 
transit stations in ADAAG 10.3.1(8). Provisions have been added 
concerning boarding platforms that generally recognize alternative 
tactile surfaces equally detectable underfoot or other designs or 
technologies that provide equal or superior drop-off warning. 
Provisions originally reserved in ADAAG concerning doors to hazardous 
areas (4.29.3) and stairs (4.29.4) have been removed. Provisions 
pertaining to hazardous vehicular areas (4.29.5), reflecting pools 
(4.29.6), and curb ramps (4.7.7) that were suspended are not retained 
in the revised guideline.

706  Assistive Listening Systems

    Like ADAAG 4.33, the revised guidelines recognize acceptable types 
of assistive listening systems such as induction loops, infrared 
systems, FM and AM radio frequency systems, hard-wired earphones, and 
other equivalent devices. ADAAG 4.33.6 requires that seats served by 
assistive listening systems be within a viewing distance of 50 feet 
from the performance area and have a complete view of the performance 
area. The distance requirement has been removed since it may not be 
appropriate in certain types of assembly areas, particularly large 
stadiums and arenas. The Board has removed the requirement for a 
``complete view'' of the performance area because this implies that 
certain seats can be designated for use with assistive listening 
systems, which contradicts the intent of the revised guidelines that 
such access be available at most seats in an assembly area.
    Two requirements have been added for receivers. Receivers must have 
a \1/8\ inch standard mono jack (or equivalent adapters where other 
jacks are provided) so that users can use their own cabling as 
necessary. Receivers required to be compatible with hearing aids (25%) 
must be neck loops since this type interfaces with hearing aid T-coils. 
The advisory committee recommended allowing the use of ``compatible 
headsets.'' The Board has not included this recommendation since such 
headsets, while technically compatible with hearing aids, are not 
usable or comfortable with all types of hearing aids.
    The performance of assistive listening systems is a concern among 
users. The quality and capability of systems largely determine the 
quality of sound transmission. Sound quality, internal noise, signal-
to-noise ratio, signal strength, and boost vary among products. As a 
result, some systems do not adequately meet the needs of people who are 
hard of hearing. For example, the boost of some products may amplify 
sound adequately for people with mild hearing loss but not for those 
with profound hearing loss. Currently, there are no guidelines or 
standards for the performance of assistive listening systems. In the 
belief that standards should be developed to provide guidance in 
selecting products of sufficient quality and capability, the Board 
funded a study on assistive listening systems that was completed in 
1999. Conducted by the Lexington Center, this project included a 
collection of information on assistive listening systems, a review of 
the state-of-the-art with respect to assistive listening systems, and a 
survey of consumers, service providers, dispensers and manufacturers to 
determine how effective assistive listening systems are at present and 
what the major problems, limitations, and complaints are regarding 
existing systems. With this information, the researchers developed 
objective means for specifying the overall characteristics of any 
assistive listening system, from sound source to listener's ear, to be 
able to predict how well the system will work in practice and to 
determine objective criteria for establishing guidelines or 
recommendations for the use of assistive listening systems in public 
places. Consumers, manufacturers, and installers identified signal 
quality as the primary issue of concern. A wide range of other concerns 
were also expressed:
     Consumers voiced concerns about appropriate system and 
receiver type, coupling alternatives, compatibility with aids, 
interference, availability and logistics of use, and maintenance;
     Manufacturers, installers, and providers identified 
component cost and quality, microphone utilization, pre-processing 
strategies, compatibility across multiple systems, field strength, and 
standardization and regulation as issues.
    Researchers have developed Speech Transmission Index software that 
can assess ALS signal quality on-site using a multi-media laptop 
computer. The program will be available next year as a download from 
the Board's website. The Lexington Center will also develop and 
distribute a series of technical assistance bulletins for consumers, 
facility operators, and installers outlining its research, findings, 
and recommendations.
    Question 30: Comment is sought on the appropriateness of these 
criteria for assistive listening systems and their inclusion as 
technical requirements in the revised guidelines. Specifications based 
on these criteria may be included in the final rule.

707  Automatic Teller Machines and Fare Machines

    Requirements for automatic teller machines (ATMs) and fare machines 
have been extensively revised and expanded to provide more specific 
guidance on access to such equipment for people with vision 
impairments. Substantive changes are proposed to requirements for ATMs 
in ADAAG 4.34 and for transit station fare vending machines in ADAAG 
10.3.1(7).
    Question 31: While section 707 specifically addresses ``automatic 
teller machines'' and ``fare vending machines,'' the Board is 
considering covering all types of interactive transaction machines, 
such as point-of-sale machines and information kiosks, among others. 
Information is requested on any possible design conflicts between the 
requirements of this section and any specific types of interactive 
transaction machines. The final rule may be modified to specifically 
address

[[Page 62275]]

unique characteristics of certain types of interactive transaction 
machines.
    Clear floor space requirements in section 707.2 are consistent with 
ADAAG. Section 707.3 requires operable parts to comply with section 
309, which also covers accessible reach ranges. ADAAG 4.34.3 requires 
this as well but also provides specifications on side reach ranges 
specific to ATMs only. This criteria establishes maximum reach heights 
ranging from 46 to 54 inches that are based on the depths of reach 
ranging from 10 inches to 24 inches. For consistency with the rest of 
the revised guidelines, these specifications have been removed and the 
basic reach range specifications in 309 are applied. The revised 
guidelines require that operable parts must be differentiated by sound 
or touch prior to activation. An exception in ADAAG 4.34.3 clarifies 
that, where alternate controls are provided that allow a function to be 
performed in a substantially equivalent manner, only the controls for 
that function are required to be accessible. This exception has been 
removed as unnecessary since redundant operable parts that are 
accessible are generally acceptable in all cases.
    New specifications are provided so that access to input and output 
devices is provided for people with vision impairments. These 
requirements provide clearer guidance than ADAAG 4.34.5 which requires 
instructions and all information for use to be ``accessible to and 
independently usable by persons with vision impairments.'' The 
arrangement and tactile qualities are standardized for uniformity to 
facilitate use by people with little or no vision. Section 707.4 
specifies:
     The same degree of privacy of input provided for all users 
(707.4.1);
     Tactually discernable key surfaces raised at least \1/25\ 
inch from the surrounding surface with outer edges having a radius no 
more than \1/50\ inch (707.4.2);
     A minimum \1/8\ inch separation between keys with function 
keys separated from numeric keys by at least triple the distance of 
separation provided between numeric keys (707.4.3);
     Arrangement of numeric keys according to the standard 12-
key telephone keypad, with the number five key designated by a single 
raised dot (707.4.4);
     A standard arrangement, tactile marking, and color coding 
of function keys so that the keys are provided in the following order 
(left to right or top to bottom) with the tactile markings and color 
indicated: enter or proceed key (raised circle/ green), clear or 
correct key (raised vertical line or bar/ black), cancel (raised ex/ 
red), add value key (raised plus sign/ blue), decrease value key 
(raised minus sign/ yellow) (707.4.5).
    Question 32: The Board seeks comment on the appropriateness of 
these specified colors, particularly for people who are color blind.
    Question 33: ATMs often reject input when maximum time intervals 
are exceeded. Users are at risk of having the ATM card withheld and may 
encounter additional transaction charges due to repeated attempts to 
access the machine. Should the Board include a specific requirement 
that would allow users to extend the maximum time intervals between 
transactions beyond the amount of time typically allotted? Where 
possible, responses should include information on the availability of 
technology and on any impacts, including costs, in complying with such 
a requirement. The Board may consider including such a requirement in 
the final rule.
    Section 707.5 covers output devices and requires:
     The same degree of privacy of output provided for all 
users (707.5.1);
     Transaction prompts within each operation and verification 
of all user input (707.5.2 and 707.5.3);
     Visual and audible operating instructions that are 
initiated by the user, that have an expedited process for experienced 
users, and that have orientation features for users unfamiliar with the 
physical features of the machine (707.5.4);
     Video display screens to be visible from a point 40 inches 
above the center of the clear floor space in front of the machine 
(707.5.6);
     Characters of video display screens to be in a sans serif 
font, to be at least \3/16\ inch high, and to contrast with the 
background, either light-on-dark or dark-on-light (707.5.6.2);
     Paper currency to be dispensed in descending order with 
the lowest denomination on top (707.5.7); and
     Providing options for receipts in print, audible format, 
or both (707.5.8).
    Consistent with ICC/ANSI A117.1-1998, sections 707.4.1 and 707.5.1 
specify that the same degree of privacy of input and output is to be 
available to all individuals using the system, and 707.5.5 specifies 
that audible instructions are to provided through a standard audio mini 
jack (which would allow individuals to listen to the information 
through a headset or ear piece), a telephone handset, a wireless 
transmission system, or another mechanism, all of which ensure privacy. 
The Board anticipates that alternative privacy systems will be 
activated by individuals that require them. Furthermore, the Board 
assumes that ear pieces, headsets, or other types of receivers will be 
personal equipment provided by end users. Earpieces are very small and 
can be carried in a shirt pocket or change purse.
    Question 34: The Board seeks comment on whether ATM manufacturers 
or banks intend to provide customers who need audio output receivers 
for accessing audible output. In addition, the Board seeks to know if 
customers would or currently do carry receivers or if they view 
providing their own receivers as an unreasonable expectation.
    Question 35: The Board seeks information on the availability of 
ATMs that meet the output requirements of section 707.5 and the impact, 
including costs and technological difficulties, in developing new 
products that comply. Information is also sought on the practice of 
redeploying ATM equipment and the impact of the output requirements on 
this practice. Specifically, what is the average lifespan of an ATM and 
how often might a single ATM be redeployed?

708  Two-Way Communication Systems

    This section provides criteria for two-way communication systems 
where they are provided to gain admittance to a facility or to 
restricted areas within a facility. These systems must provide audible 
and visual signals so that they are accessible to people with vision or 
hearing impairments. Where handsets are provided, the cord must be at 
least 29 inches long so that access is provided for people using 
wheelchairs. These requirements derive from those in ADAAG 11.1.3 for 
judicial, legislative, and regulatory facilities.

Captioning

    The Department of Justice Title III regulation addresses access to 
auxiliary aids and services. Section 36.303(a) (28 CFR Part 36) 
provides that ``[a] public accommodation shall take those steps that 
may be necessary to ensure that no individual with a disability is 
excluded, denied services, segregated or otherwise treated differently 
than other individuals because of the absence of auxiliary aids and 
services, unless the public accommodation can demonstrate that taking 
those steps would fundamentally alter the nature of the goods, 
services, facilities, privileges, advantages, or accommodations being 
offered or would result in an undue burden, i.e., significant 
difficulty or expense.'' The term ``auxiliary aids and

[[Page 62276]]

services'' includes, ``qualified interpreters, note takers, computer-
aided transcription services, written materials, telephone handset 
amplifiers, assistive listening devices, assistive listening systems, 
telephones compatible with hearing aids, closed caption decoders, open 
and closed captioning, telecommunications devices for deaf persons 
(TDD's), videotext displays, or other effective methods of making 
aurally delivered materials available to individuals with hearing 
impairments.''
    The Board is aware that several means of providing captioning for 
movie theaters are available. This includes both open-captioned and 
closed-captioned access to the audio information presented in movies. 
One method for making movies accessible is a system that synchronizes 
captions and action by projecting reverse text images onto a wall 
behind an audience. The reverse text is then reflected by transparent 
screens at individual seats where movie goers can read the script on 
the screen and view the movie through the screen simultaneously. This 
type of auxiliary aid and others may require built-in features to make 
them usable. The Board is aware that other innovative methods of 
providing accessible communications will soon be available.
    Question 36: The Board is interested in more information about 
various types of captioning as it relates to the built environment. 
Building operators, managers, consumers, and manufacturers are 
requested to provide information about what technical provisions are 
necessary to include in ADAAG to facilitate or augment the use of 
auxiliary aids such as captioning and videotext displays. People who 
are deaf or hard of hearing are particularly invited to comment on the 
various options for providing captioning that would best facilitate 
effective communication. Where necessary, the Board may include 
provisions for conduit, electrical service, screen anchoring devices at 
seats, or other requirements that make providing accessible 
communication possible in the built environment.

Convenience Food Restaurants

    Convenience food restaurants, otherwise known as fast food 
restaurants, often provide consumers the opportunity to order food from 
a drive through facility. These facilities usually require voice 
intercommunication. The Department of Justice has required restaurants 
to accept orders at pick-up windows when the communications system is 
not accessible to deaf, hard of hearing, or other people who are unable 
to use voice communication.
    Question 37: Should the Board require that convenience food drive 
through facilities provide accessible communications. If so, what means 
would provide the greatest access for a variety of people with 
disabilities? It has been suggested that an ATM type machine could 
substitute for voice communication systems currently used. Is such an 
application practical?
Chapter 8: Special Rooms, Spaces, and Elements
    This chapter covers specific elements, rooms and spaces, including 
assembly areas, dressing, fitting, and locker rooms, medical care 
facilities, transient lodging, and detention and correctional 
facilities. Under the new format of the revised guidelines, scoping 
provisions contained in ADAAG for special occupancy sections have been 
relocated to Chapter 2. Only technical requirements not otherwise 
generally addressed are provided here for the rooms and spaces covered 
by this chapter.

802  Wheelchair Spaces and Designated Aisle Seats in Assembly Areas

    This section provides requirements for wheelchair spaces and 
designated aisle seats in assembly areas. Requirements for wheelchair 
space surfaces (802.2), width (802.3), depth (802.4), and approach 
(802.5) are substantively consistent with specifications in ADAAG 4.33, 
as recommended by the advisory committee. Consistent with a 
recommendation from the advisory committee, clarification has been 
added in 802.5 that access to any wheelchair space shall not be through 
more than one adjoining wheelchair space.
    Question 38: Current ADAAG does not expressly address the issue of 
overlap between wheelchair spaces and circulation routes. The Board is 
considering adding a provision in the final rule that would clearly 
prohibit circulation paths from overlapping wheelchair spaces. Comment 
is sought on whether such a provision should be included in the final 
rule.
    As recommended by the advisory committee, the exception in ADAAG 
4.33.3, that permits wheelchair spaces to be clustered in seating areas 
with sight lines that require slopes greater than 5%, has been removed. 
The removal of this provision is not intended to prohibit the 
construction of traditional seating areas such as stadiums, bleachers 
and balconies.
    Section 802.7 requires that each readily removable companion seat 
be located ``next to and in the same row as each required wheelchair 
space'' so that there is ``shoulder-to-shoulder'' alignment between 
users of the wheelchair space and of the adjacent companion seat. This 
is a change from ADAAG 4.33.3 which requires companion seats to be 
fixed, as discussed in section 221.3 above. The Board also has added 
clarification on the location of such seats. Some entities have 
misinterpreted the phrase ``next to'' in the current ADAAG as 
permitting the placement of companion seating in a row in front of or 
behind the accompanying wheelchair space.
    Specifications for designated aisle seats in 802.8 are consistent 
with requirements in ADAAG 4.1.3(19)(a).
    Section 802.6 requires dispersion of accessible seating in assembly 
areas so as to provide individuals with disabilities seating choices 
that are comparable to those offered to patrons without disabilities. 
Specifically, in assembly areas with more than 300 seats, wheelchair 
spaces and designated aisle seats must be dispersed throughout the 
assembly area in a manner that ensures viewing angles and choices of 
admission prices that are comparable to those provided to other 
spectators. This does not represent a change from ADAAG 4.33.3.
    Where the minimum number of required wheelchair spaces or 
designated aisle seats is not sufficient to allow for complete 
dispersion in terms of the availability of all possible admission 
prices and viewing angles, 802.6 specifies criteria for dispersion in 
the following order of priority: admission prices, horizontal 
dispersion, and vertical dispersion. These criteria are intended to be 
consistent with Department of Justice (DOJ) interpretation of ADAAG 
4.33.3 that wheelchair spaces be provided so that people with 
disabilities have ``a choice of admission prices and lines of sight 
comparable to those for members of the general public.''
    Section 802.6.1 requires the dispersal of accessible seating by the 
price of admission, which means that wheelchair spaces and designated 
aisle seating must be provided in each price level where the ticket 
prices are distinguished by, or differ according to, the location of 
the seating. The advisory committee considered dispersion according to 
admission prices to be primarily an operational matter and recommended 
that it be removed. The Board believes that such dispersion is an 
important consideration in the design of assembly areas and the

[[Page 62277]]

location of accessible seating and has retained this provision.
    Assembly facility designers and people with disabilities have 
requested clarification of the current requirement that wheelchair 
spaces be dispersed. The Board has added requirements for horizontal 
and vertical dispersion. Subject to the scoping requirements shown in 
Table 221.2.1, wheelchair spaces and designated aisle seats must be 
located at each accessible level in the assembly area, and in each 
balcony or mezzanine that is located along an accessible route.
    Section 802.6.2 specifies that wheelchair spaces and designated 
aisle seats shall be located in a manner to provide viewing angles that 
are, in general, representative of the horizontal viewing angles that 
are provided to spectators who occupy non-accessible seats. In the 
past, wheelchair spaces were often located only at the ends of rows, 
where a few of the standard seats in a seating configuration would be 
removed and replaced with wheelchair spaces. This section clarifies 
that this practice is not permissible, and, instead, that wheelchair 
spaces must be provided in a variety of locations across the horizontal 
rows of seats.
    The requirement for vertical dispersion in 802.6.3 seeks to ensure 
equal treatment of people with disabilities in terms of the viewing 
distance from the performance area or playing field. Like all patrons, 
individual preferences vary among people with disabilities. The Board 
places significant value on having equal opportunity to select a 
viewing distance that satisfies individual requirements. However, in 
the past, many designs have not provided adequate choice of viewing 
distances. For example, first row seating may be desirable for a hockey 
game and less desirable for viewing car racing or a movie.
    The Board's regulatory assessment indicates that vertical 
dispersion could cost as much as $11 million for each ``large'' (50,000 
seats) stadium or arena to provide vertical dispersion in uppermost 
decks. According to the regulatory assessment, ``in order to 
accommodate the additional dispersion required by this item, it is 
assumed that an upper deck concourse will be required for the facility. 
These large facilities generally have a lower deck, a middle deck (with 
suites and/or club level amenities), and an upper deck. The steep 
slopes used in the upper deck make it impractical to accommodate 
accessible routes with more than a minimal change in level up or down 
from the vomitory access point within the seating bowl. The dispersion 
requirement based on admission pricing, and the vertical dispersion 
requirement will generally require that a more substantial change in 
level be accommodated outside the seating bowl for the upper deck area. 
It is assumed that an additional concourse, of 50,000 square feet in 
area, will be used to provide access to the upper deck at an additional 
level.''
    Question 39: Are there alternatives to constructing a secondary 
concourse that would provide vertical dispersion in upper decks of 
larger stadiums?
    Question 40: The Board places significant importance on providing 
individuals with disabilities with selections from a variety of vantage 
points to enjoy performances and sporting events. Are there conditions 
where vertical separation between wheelchair spaces is not desirable? 
Is there a point where increased distance does not improve 
accessibility or contribute significantly to equal opportunity?
    Question 41: Section 802.6.3 uses the term ``varying distances.'' 
Does the term ``varying distances'' provide sufficient guidance to 
allow designers and others to know when they have successfully met the 
criteria for compliance? If not, would it be preferable if a minimum 
separation between horizontal rows were specified?
    The Board is considering a change in 802.6 that would be more 
responsive to concerns that have arisen about the lack of dispersion of 
wheelchair spaces in some assembly areas. Specifically, the Board is 
concerned that dispersion has been inadequate in smaller facilities 
such as stadium-style cinemas. While the provisions of 802.9 requiring 
lines of sight comparable to those provided other spectators must be 
satisfied in all cases, dispersion is required only when the seating 
capacity exceeds 300. The Board is considering requiring that 
dispersion be achieved where fewer than 300 seats are provided. The 
Board is seeking comment on this point.
    Question 42: What would be the impact on small assembly facilities 
of a reduction in the number of seats triggering the dispersion 
requirement? The Board is particularly aware of the rapid pace of 
construction of stadium-style cinemas and seeks comment on whether a 
change in the dispersion requirement would adversely affect the 
construction cost of these facilities. What is the average number of 
seats provided per screen? Do cinemas provide more than one type of 
theater? For example, is it typical to provide a few larger theaters 
combined with a number of smaller theaters in a single facility? If so, 
what is the average size of smaller and larger theaters? Designers and 
operators of all types of assembly facilities are encouraged to comment 
on the impact of reducing the number of seats from 300 to 250, 200, or 
150. If other trigger points are more reasonable, please provide 
recommendations and supporting data. People with disabilities are urged 
to provide comment on experiences that relate to the need, or lack of 
need, for greater dispersion in smaller assembly facilities. Is it 
possible that dispersion would be detrimental to the use and enjoyment 
of smaller facilities by people with disabilities? Common practice is 
to disperse wheelchair seats in a small space by providing wheelchair 
spaces at a cross aisle and in the rear of the assembly space. Would it 
be acceptable for up to one half of the wheelchair spaces to be 
provided in the last few rows of the assembly space for the purpose of 
providing vertical separation between wheelchair spaces?
    Section 802.9 restates the requirement in ADAAG 4.33.3 that 
individuals seated in wheelchairs be provided with lines of sight 
comparable to those provided to other spectators. The Board is aware 
that design professionals have expressed some uncertainty about how to 
measure their compliance with this requirement. Therefore, the Board is 
proposing to amend the guidelines to include specific technical 
provisions to assist design professionals to determine if the sight 
lines provided for people who use wheelchair spaces are comparable to 
those provided to others. These technical provisions address sight 
lines over both seated and standing spectators. Adherence to these 
technical provisions will help ensure that people who use wheelchairs 
are provided with an equal opportunity to view the performance or event 
held in the assembly area.
    Section 802.9.1 addresses the placement of wheelchair spaces in 
assembly areas where spectators are expected to remain seated during 
events. Section 802.9.1 provides that spectators seated in wheelchairs 
at events where people are expected to remain seated shall be provided 
with lines of sight to the performance area or playing field comparable 
to that provided to spectators in the seating area in closest proximity 
to the location of the wheelchair spaces, but not in the same row. 
Providing lines of sight for people who are seated in the wheelchair 
spaces that are comparable to nearest seats in the same seating area 
generally provides lines of sight for people with disabilities that are 
comparable to those provided to others in facilities such as stadiums 
or arenas where wheelchair

[[Page 62278]]

spaces are dispersed, because the dispersed locations provide the 
opportunity for people who use wheelchairs to select seats with a range 
of views of the performing area or playing field.
    Section 802.9.2 addresses assembly areas where people are expected 
to stand at their seats during events. The sight line that is required 
in 802.9.2 is one that is comparable to the sight lines provided to 
standing spectators (over other standing spectators) who are located in 
the seating area closest to the wheelchair spaces, but not in the same 
row as the wheelchair spaces.
    Stadium-style motion picture theaters comprise a type of assembly 
area that has become increasingly popular in the last several years. 
They provide the general public with sight lines to the screen that 
generally are far superior to those offered in traditional-style motion 
picture theaters. Stadium-style theaters provide improved viewing in 
one key way: they furnish an unobstructed view of the entire screen 
through the utilization of relatively high risers that furnish 
unobstructed viewing over the heads of the persons seated in the rows 
ahead. As stadium-style theaters are currently designed, patrons using 
wheelchair spaces are often relegated to a few rows of each auditorium, 
in the traditional sloped floor area near the screen. Due to the size 
and proximity of the screen, as well as other factors related to 
stadium-style design, patrons using wheelchair spaces are required to 
tilt their heads back at uncomfortable angles and to constantly move 
their heads from side to side to view the screen. They are afforded 
inferior lines of sight to the screen.
    The Board is aware of the Department of Justice's enforcement of 
4.33.3 with respect to assembly areas with stadium-style seating. DOJ 
has stated that 4.33.3 requires that wheelchair areas be an integral 
part of any fixed seating plan, and be provided so that people with 
disabilities have lines of sight and a choice of admission prices 
comparable to those for other members of the general public. As applied 
to stadium-style theaters (where most seats are placed on tiers or 
risers to enhance viewing), DOJ has asserted in attempting to settle 
particular cases that wheelchair seating locations must: (1) Be placed 
within the stadium-style section of the theater, rather than on a 
sloped floor or other area within the auditorium where tiers or risers 
have not been used to improve viewing angles; (2) provide viewing 
angles that are equivalent to or better than the viewing angles 
(including vertical, horizontal, and angle to the top of screen) 
provided by 50 percent of the seats in the auditorium, counting all 
seats of any type sold in that auditorium; and (3) provide a view of 
the screen, in terms of lack of obstruction (e.g., a clear view over 
the heads of other patrons), that is in the top 50 percent of all seats 
of any type sold in the auditorium. The Board is considering whether to 
include specific requirements in the final rule that are consistent 
with DOJ's interpretation of 4.33.3 to stadium-style movie theaters.
    The Board also is considering whether to provide additional 
guidance on determining whether lines of sight are ``comparable'' in 
assembly areas, and specifically requests comment on the following 
issues.
    Question 43: The current proposal specifies that wheelchair 
locations provide sight lines that are comparable to those provided to 
the seats nearest the wheelchair locations but not in the same row. The 
Board is considering whether in assembly areas large enough to require 
dispersion it would be appropriate to mandate that: spectators seated 
in wheelchair spaces have lines of sight that are equivalent to or 
better than the lines of sight provided to the majority of spectators 
seated in the same class or category of seats, and spectators seated in 
wheelchair spaces have lines of sight that are equivalent to or better 
than the lines of sight provided to spectators seated next to the 
wheelchair spaces. For example, a wheelchair space in the club seat 
section of a stadium would have to provide a line of sight equivalent 
to or better than the line of sight provided to the majority of 
spectators in club seats of the same price, as well as provide a line 
of sight equivalent to or better than that provided to spectators 
seated next to the wheelchair space. A wheelchair space in a box seat 
of a theater would have to provide a line of sight equivalent to or 
better than the line of sight provided to the majority of patrons in 
box seats of the same price, as well as provide a line of sight 
equivalent to or better than that provided to spectators seated next to 
the wheelchair space. A wheelchair space in the $30 per seat section of 
an arena, where spectators are expected to stand at times during the 
event, would have to provide a line of sight over standing spectators 
equivalent to or better than that provided to the majority of standing 
spectators in the $30 section of the arena, as well as provide a line 
of sight equivalent to or better than that provided to spectators 
seated next to the wheelchair space. The Board requests comment on the 
relative merit of the current proposal, as applied to assembly areas 
where dispersion is required, and the alternative requirement described 
in this question.
    When the dispersion of wheelchair spaces is not required, (i.e., in 
small assembly areas) the placement of the wheelchair spaces in 
relation to other seating acquires greater significance because 
wheelchair users are not offered a choice of viewing angles. Therefore, 
in order to ensure equal opportunity for people who use wheelchairs in 
assembly areas in which dispersion is not required, it may be necessary 
for wheelchair spaces not only to provide lines of sight comparable to 
those provided to spectators seated in the same area, but also to 
provide lines of sight that are comparable to those provided for most 
of the other patrons in the assembly area. Consequently, the Board is 
considering specifying that wheelchair spaces in assembly areas, where 
dispersion is not required, must be located so that the lines of sight 
provided are comparable to (i.e., equal to or better than) the lines of 
sight provided to the ``majority'' of the patrons in the assembly area.
    Question 44: Should ADAAG specify that wheelchair spaces in 
assembly areas, where wheelchair spaces generally are not dispersed 
shall provide unobstructed lines of sight that provide a line of sight 
equivalent to or better than the line of sight provided for the 
majority of event spectators?

803  Dressing, Fitting, and Locker Rooms

    This section revises requirements for dressing and fitting rooms in 
ADAAG 4.35 and also specifically addresses locker rooms as well. 
Section 803.2 requires wheelchair turning space in accessible rooms. A 
portion of this space (6 inches maximum) can extend under partitions or 
openings without doors that provide toe clearance at least 9 inches 
high. A provision in ADAAG 4.35.2 that exempts rooms with curtained 
openings from the requirement for turning space has been removed so 
that a consistent level of access is provided in all types of dressing 
and fitting rooms.
    Benches are required to comply with criteria in section 903, which 
contains revised specifications for benches (see discussion below). 
Where mirrors are provided, ADAAG 4.35.5 requires that accessible rooms 
have full-length mirrors and provides minimum dimensions. As 
recommended by the advisory committee, this requirement has been 
removed because of the wide variation of room types covered by this 
section. In some cases, such as a large locker room, compliance with 
the ADAAG mirror specifications will not

[[Page 62279]]

ensure that a full-length mirror is usable from an accessible bench. 
Consistent with requirements for toilet and bathing facilities, 
criteria for accessible coat hooks and fold-down shelves have been 
added in section 803.5 and apply where such elements are provided.

804  Sinks, Kitchens, Kitchenettes, and Wet Bars

    This section derives from requirements for transient lodging 
facilities in ADAAG 9.2.2(7). However, under revised scoping in section 
212, these criteria are applicable not only to transient lodging guest 
rooms but to other accessible spaces as well, such as employee break 
rooms. These requirements are consistent with ADAAG except that a 
forward approach to sinks is required whereas ADAAG 9.2.2(7) permits a 
parallel approach to sinks at guest room kitchens or kitchenettes. This 
revision allows a consistent level of access at sinks, since accessible 
sinks in other types of spaces are required to have a forward approach.

805  Medical Care Facility Patient or Resident Sleeping Rooms

    This section is based on requirements for patient bedrooms in ADAAG 
6.3. Clarification is added in section 805.2 that required wheelchair 
turning space cannot extend beneath beds. Requirements for clear floor 
space on each side of beds has been revised to specify a parallel 
approach according to section 305, which is substantively similar to 
the requirement in ADAAG 6.3(3) for clear floor space at least 36 
inches wide alongside beds. The advisory committee recommended a 
provision for accessible windows. The Board has relocated this 
requirement to section 230 so that it applies to other facility types 
as well. An exception in ADAAG 6.3(1) for entry doors to acute care 
hospital bedrooms has been relocated to scoping requirements for doors 
in 404.1 (Tables 404.2.4.1 and 2).

806  Transient Lodging Guest Rooms

    Requirements for accessible transient lodging guest rooms in ADAAG 
9.2.2 and 9.3 are provided in this section. In accordance with the new 
format of the revised guidelines, scoping provisions contained in ADAAG 
for special occupancy sections have been relocated to Chapter 2.
    Section 806.2 addresses accessible guest rooms. Scoping for 
accessible routes, doors and doorways, storage, controls, and parking 
in ADAAG 9.2.2(2) through (6) are covered by general scoping provisions 
for such elements in Chapter 2. ADAAG 9.2.2(6) provides an exception 
for access to exterior spaces that allows a higher threshold or change 
in level where necessary ``to protect the integrity of the unit from 
wind/water damage.'' This exception, which requires alternate 
provisions of access, has been removed because the advisory committee 
was convinced that design solutions are available that allow access 
while preventing wind or water damage. Other revisions include:
     Clarification that clear floor space on each side of beds 
for a parallel approach according to section 305 is required, which is 
substantively similar to the requirement in ADAAG 9.2.2(1) for clear 
floor space at least 36 inches wide alongside beds (806.2.3);
     A new provision added by the Board that requires 
accessible vanity tops at lavatories in accessible guest rooms if 
vanity tops are provided in other guest rooms (806.2.4.1);
     Sinks in kitchens and kitchenettes are required to provide 
a forward approach (804.3 as referenced by 806.2.5); and
     Clarification that wheelchair turning space is required 
and that beds cannot overlap this space (806.2.6).
    The advisory committee recommended provisions for accessible 
windows in transient lodging facilities as well. The Board has 
relocated this requirement to section 230 so as to be applicable to 
other facility types as well.
    Section 806.3 covers accessible communication features in guest 
rooms. Like ADAAG 9.3, this section requires visual alarms and 
notification devices. A provision in ADAAG 9.3.2 recognizes the 
provision of outlets and wiring for portable devices as an ``equivalent 
facilitation.'' This provision, like others concerning equivalent 
facilitation have been removed as information that is advisory. 
Further, revisions to requirements for visual alarms in guest rooms in 
section 702.3.6 effectively prohibit the use of most portable alarms. 
Use of portable visual notification devices for incoming telephone 
calls and door knocks or bells, while not specifically recognized, are 
not specifically prohibited.
    ADAAG 9.4 requires that doors and doorways to inaccessible guest 
rooms provide a 32 inch minimum clearance. This requirement has been 
relocated to scoping for transient lodging guest rooms in section 
224.1. ADAAG 9.5 has specific provisions for homeless shelters, halfway 
houses, transient group homes, and other social service establishments. 
In buildings not required to have elevators, an exception in ADAAG 
9.5.1 states that common use amenities are not required to be 
accessible on inaccessible floors as long as one of each type of 
amenity is provided in common use areas on accessible floors. ADAAG 
9.5.2 permits allowances for existing homeless shelters that are 
altered. The advisory committee recommended that these provisions be 
removed because special treatment of these types of facilities was not 
considered warranted.

807  Holding Cells and Housing Cells or Rooms

    This section provides requirements for cells or rooms required to 
be accessible in detention or correctional facilities or judicial 
facilities. The specifications are consistent with ADAAG 11.2.3 and 
12.5. Consistent with provisions for medical care facilities and 
transient lodging, clarification has been added in section 807.2.1 that 
beds cannot overlap required wheelchair turning space. Benches, where 
provided, are required to comply with section 903 and visual alarms are 
subject to requirements in 702.3.6. Specifications for these elements 
have been revised for benches, as discussed at section 903, and for 
fire alarm systems, as discussed at section 702.
Chapter 9: Built-In Furnishings and Equipment
    This chapter covers built-in furnishings and equipment. Provisions 
for seating at tables and counters, check-out aisles, and storage areas 
are provided. These requirements apply to a variety of facilities and 
effectively replace those in ADAAG 8 specific to library reading and 
study areas, check-out areas, card catalogs, magazine displays, and 
stacks.

902  Dining and Work Surfaces

    This section is consistent with ADAAG 4.32 in providing 
specifications for seating at dining and work surfaces, including 
dining counters covered by ADAAG 5.2. Clear floor space is required for 
a forward approach complying with section 306, which specifies 
clearances for knees and toes. (ADAAG 4.32.3 only specifies a knee 
clearance for the full depth for the clear floor space). Additionally, 
section 306 is different from ADAAG by increasing the permitted overlap 
of clear floor space from 19 to 25 inches.

903  Benches

    Requirements for benches derive from specifications for dressing 
and fitting rooms in ADAAG 4.35.4. Section 903.2 clarifies that the 
required clear floor space is to be positioned for a parallel approach 
``to an end of the bench seat.'' Dimensions for the bench have been

[[Page 62280]]

revised to provide greater flexibility. The depth has been changed from 
24 inches absolute to a range of 20 to 24 inches; the minimum width has 
been reduced from 48 to 42 inches. The advisory committee considered 
these changes helpful in allowing more flexibility in the size of 
benches without reducing access. The Board has added a requirement that 
back support be provided that extends vertically from a point no more 
than 2 inches above the bench to a height of at least 18 inches above 
the bench and that extends horizontally at least 42 inches. This 
requirement replaces the ADAAG requirement that the bench be installed 
on the wall.

904  Sales and Service Counters

    This section covers check-out aisles, point of sales and service 
counters, and food service lines. In section 904.2, clarification has 
been added that all portions of counters required to be accessible 
shall be adjacent to an accessible walking surface. Section 904.3 and 
904.4 are consistent with requirements for check-out aisles and sales 
and service counters in ADAAG 7.2 and 7.3. Section 904.4 differs from 
ADAAG in that it does not distinguish between counters with cash 
registers and those without. Provisions in ADAAG 7.2(2) that recognize 
alternatives for counters without cash registers (access to auxiliary 
counters, folding shelves, etc.,) have not been included. ADAAG 
requirements basically presume a parallel approach to sales and service 
counters. The Board has included criteria for a forward approach as an 
alternative to a parallel approach. The Board also has added an 
exception for alterations where compliance would result in a reduction 
of the number of existing counters at work stations or existing 
adjacent mail boxes. In this case, an accessible counter at least 24 
inches in length (instead of 36 inches for a parallel approach and 30 
inches for a forward approach) is permitted.
    Section 904.5 covers food service lines and is consistent with 
requirements in ADAAG 5.5. A minimum height (28 inches) for tray slides 
has been added. This specification derives from the ICC/ANSI A117.1 
standard. Section 904.6 requires that where counter or teller windows 
have security glazing to separate personnel from the public, at least 
one of each type must provide a method to facilitate voice 
communication. These specifications are based on those in ADAAG 7.2(3) 
as amended for State and local government facilities. However, in the 
revised guidelines, this requirement applies to all types of facilities 
where such glazing is provided at sales or service counters.

905  Storage

    Requirements in this section are substantively the same as those 
for storage in ADAAG 4.25 except for one change. ADAAG requires that 
storage hardware meet operating characteristics for controls. Section 
905.4 requires compliance with all criteria for operable parts in 
section 309, which includes not only operating characteristics but 
clear floor space and height as well.
Chapter 10: Transportation Facilities
    As in current ADAAG, chapter 10 is organized to cover one type of 
occupancy because there are a variety of requirements unique to 
transportation facilities. This chapter covers bus stops and terminals, 
rail facilities and stations, and airports.

1002  Bus Stops and Terminals

    This section is consistent with requirements in ADAAG 10.2 and no 
substantive changes have been made.

1003  Facilities and Stations

    Provisions in ADAAG 10.3 that apply to accessible routes have been 
removed because scoping for accessible routes in Chapter 2 (section 
206) applies to transit facilities as well. This pertains to 
requirements in 10.3.1(1), (3), (7), (10) and (19). ADAAG 10.3 also 
covers ``intercity bus stations.'' This reference has been removed from 
1003 because virtually all the remaining provisions are specific to 
rail stations. Intercity bus stations are considered adequately covered 
by the scoping and technical requirements of the other chapters. In 
addition, the following requirements have been removed:
     Minimum illumination levels at signage and uniform levels 
along routes (ADAAG 10.3.1(11)) for consistency since illumination 
levels in other facility types are not addressed;
     Placement of clocks in ``uniform locations throughout the 
facility or system'' (ADAAG 10.3.1(15)) since this provision lacks 
clarity for purposes of compliance;
     Criteria for escalator treads, including marking strips 
(ADAAG 10.3.1(16)) because they are more applicable to general safety 
than to accessibility;
     Transparent panels in elevator cars (ADAAG 10.3.1(17)) 
since this pertains to public security for everyone, not specifically 
to accessibility for people with disabilities;
     Specifications for counters (ADAAG 10.3.1(18)) because 
general scoping for sales and service counters in section 227 already 
covers them; and
     References to alterations to areas containing a primary 
function (ADAAG 10.3.3) which the Board considers unnecessary since 
this is addressed generally for alterations in section 202.
    Section 1003.2.2 requires signs to comply with section 703, which 
is considerably different from signage requirements in ADAAG 4.30 as 
discussed above. Section 1003.2.2.3 addresses informational signs and 
is consistent with ADAAG 10.3.1(6). However, an exception has been 
added that allows smaller characters where space for signs is limited. 
This revision was recommended by the advisory committee.
    Section 1003.2.3 addresses fare vending machines and gates. Fare 
vending machines are required to comply with section 707, which has 
been extensively updated as discussed above. ADAAG 10.3.1(7) provides 
criteria for gates at fare collection devices and requires compliance 
with the requirements for doors and also specifies that those that must 
be pushed open by people using wheelchairs must have a smooth 
continuous surface from 2 inches above the floor to 27 inches above the 
floor. The Board has retained the requirement for compliance with 
specifications for doors in section 404 but has removed the dimension 
criteria for push gates, as recommended by the advisory committee.
    Section 1003.2.4 requires detectable warnings at platform edges 
bordering drop-offs. A requirement for detectable warnings at track 
crossings in ADAAG 10.3.1(13) was removed at the advisory committee's 
recommendation.
    The Board has included several changes to this chapter. Section 
1003.2.5 addresses the coordination in height between platform and 
vehicle floors. This is similar to ADAAG 10.3.1(9) except that 
clarification has been added that the vertical difference applies to 
``all'' passenger car load conditions. ``Slow moving'' people mover 
systems as addressed in this provision have been defined as those with 
a maximum speed of 20 miles per hour, consistent with Board and 
Department of Transportation interpretations. Section 1003.2.6 requires 
TTYs at public pay telephones at transit facility entrances. The number 
of pay telephones at an entrance which triggers installation of a TTY 
has been reduced from four (which ADAAG 10.3.1(12) specifies) to one. 
Section 1003.2.11 requires accessible direct connections to other 
facilities. This is consistent with ADAAG 10.3.1(3) but has been 
clarified that the direct

[[Page 62281]]

connection, as opposed to a circulation path to another entrance, is 
required to be accessible, consistent with the original intent of 
ADAAG.

Communication

    Section 1003.2.8 and 1004.3 require that where public address 
systems are provided to convey information to the public, a means of 
conveying the same or equivalent information to persons who are deaf or 
hard of hearing be provided. Like ADAAG 10.3.1(14) and 10.4.1(6), these 
provisions apply only to terminals, stations, airports and other 
transportation facilities. In addition, these provisions do not 
explicitly require electronic means of visible communication, even when 
public address systems are intended to be heard in remote areas of a 
facility. These provisions do not apply to messages that are not 
intended to be public, such as employee paging.
    Question 45: The Board seeks comment on whether additional 
provisions for an equivalent means of communication should be applied 
to facilities other than transportation facilities in the final rule. 
For example, captioning can be associated with electronic scoreboards 
in stadiums, public address systems at airports, and can convey 
announcements in other facilities that currently provide communication 
systems that are inaccessible to people who are deaf or hard of 
hearing. In addition, the Board is considering establishing more 
specific criteria for equivalent visual communication. For example, the 
Board may require that electronic signs be visible in the areas of the 
facility where public address systems are audible. To accomplish this, 
the Board may establish technical requirements for visible signs in the 
final rule. Commenters are requested to provide information, including 
technical specifications, regarding the various means of providing 
equivalent information that have been employed in all types of 
facilities, including transportation facilities and airports. What 
methods provide the most equivalent visual communication? Are there 
``low tech'' methods that are equally effective for certain types of 
facilities given the customary circulation patterns or other features 
of the facility?
    The present rulemaking proposes to amend only the ADA (36 CFR Part 
1191) and the ABA (36 CFR Part 1190) accessibility guidelines however, 
the Board is interested in obtaining certain key information that may 
assist in a future rulemaking to amend the Board's transportation 
vehicle guidelines (36 CFR 1192). Specifically, the Board is interested 
in technical information, including specifications for making train 
announcements, including station announcements and emergency 
announcements accessible to people who are deaf or hard of hearing.
    Question 46: What means are available for providing visual train 
announcements when audible announcements are provided?

Platform Height

    Exception 2 to section 1003.2.5 Rail-to-Platform Height would 
permit the use of mini-high platforms, car-borne or platform-mounted 
lifts, ramps or bridge plates, or manually deployed devices where it is 
not operationally or structurally feasible to meet the plus-or-minus 
\5/8\ inch or 1\1/2\ inch vertical, or 3 inch horizontal platform-to-
car gap requirements. For commuter and intercity rail, ``not 
operationally feasible'' usually means the track is also used by 
freight trains and the need to allow the passage of oversized freight 
precludes a high platform. The American Railway Engineering and 
Maintenance of Way Association (AREMWA) recommends a new platform 
height of 8 inches above top-of-rail. This height allows for freight 
passage while reducing the height of the first step of a rail car above 
the platform. Often a potable step stool is used to make up the height 
difference between a lower platform and the first step. Negotiating 
such a step can be difficult for ambulatory passengers, especially 
since handrails are usually not available. Also, requiring the 8-inch 
height would reduce the vertical travel distance for a lift.
    Question 47: Should the final rule require that new platforms for 
commuter or intercity rail stations have a height of 8 inches above 
top-of-rail?

1004  Airports

    Section 1004 provides requirements for airports consistent with 
ADAAG 10.4. As with requirements for rail stations in 1003, provisions 
for accessible routes have been removed as unnecessary due to general 
scoping requirements in section 206. This pertains to requirements in 
ADAAG 10.4(1), (2), (3), and (5). In addition, a requirement for 
placement of clocks in uniform locations in ADAAG 10.4(7) has been 
removed.
Chapter 11: Residential Facilities
    The Board has included requirements for accessible dwelling units 
in the revised guidelines. The technical requirements of this chapter 
derive from updated guidelines for residential facilities contained in 
the ICC/ANSI A117.1-1998 standard. These requirements represent an 
addition to ADAAG, which currently does not address such facilities. 
Under the ADA, the Department of Justice determines the application of 
the guidelines to residential facilities. This chapter also serves to 
update requirements for dwelling units in the minimum guidelines for 
federally funded facilities upon which UFAS is based.
    Section 1102 covers accessible dwelling units and provides 
requirements for entrances, elements of accessible routes, private 
residence elevators, laundry equipment, toilet and bathing facilities, 
kitchens, windows, and storage facilities. Substantive changes from the 
ICC/ANSI A117.1 standard include:
     Removal of an exception for exterior sliding doors that 
would permit a maximum `` inch threshold instead of the \1/3\ inch 
maximum otherwise specified (1102.5);
     Addition of a requirement that private residence elevators 
meet the ASME/ANSI A17.1 safety standard (1102.7);
     Revision of inside elevator car dimensions to meet the 
clear floor space requirements in section 305 (1102.7.7);
     Addition of a requirement that, where removable base 
cabinetry is used below lavatories and kitchen work surfaces and sinks, 
the sides and back wall be finished (1102.11.3, 1102.12.3.1, 
1102.12.4.1); and
     Addition of specifications for bottom-hinged ovens 
(1102.12.6.5.2).
    Section 1103 provides requirements for dwelling units with 
accessible communication features. Specifications in this section cover 
smoke detectors, fire alarms systems and visual appliances, doorbells, 
and entry communication systems. The Board has added requirements in 
section 1103.5 that doorbells provide a visible signal and that these 
visible notification devices, where located in sleeping areas, have a 
deactivation switch.
    Some designers or building owners may elect to provide visual 
alarms in more than one room. However, the visual signal is required to 
be provided in only one room so that building alarms are visible from 
within the dwelling unit. Once wiring is provided for a single visual 
signal in the dwelling unit, additional visual signals can be connected 
to the system when needed by an occupant.

[[Page 62282]]

Regulatory Process Matters

Executive Order 12866: Regulatory Planning and Review Congressional 
Review Act

    This proposed rule is an economically significant regulatory action 
under Executive Order 12866 and has been reviewed by the Office of 
Management and Budget. The proposed rule is also a major rule under the 
Congressional Review Act. The Board has prepared a regulatory 
assessment for the proposed rule. The regulatory assessment has been 
placed in the docket and is available for public inspection. The 
regulatory assessment is also available on the Board's Internet site 
(http://www.access-board.gov/ada-aba/regimpact.htm).
    The proposed rule revises and updates the accessibility guidelines 
for the Americans with Disabilities Act and the Architectural Barriers 
Act, and will ensure greater consistency and uniformity in the 
accessible design, construction, and alteration of buildings and 
facilities by the private sector, State and local governments, and the 
Federal government. The proposed rule is based largely on the 
recommendations of the ADAAG Review Advisory Committee, which consisted 
of representatives of the design and construction industry, the 
building code community, State and local governments, and people with 
disabilities.
    The regulatory assessment examines the impact of sections of the 
proposed rule that establish new requirements. Requirements currently 
contained in existing guidelines and regulations have not been 
considered in the regulatory assessment. The Board used several sources 
as a baseline to determine the impact of sections of the proposed rule 
that establish new requirements. These include the American National 
Standard A117.1-1998 for Accessible and Usable Buildings and 
Facilities, a consensus standard referenced by the model codes; the new 
International Building Code being developed by the International Code 
Council which is expected to widely be adopted by State and local 
governments; and industry practice. The Board has worked closely with 
the groups responsible for developing the A117.1-1998 standard and the 
International Building Code to harmonize the Board's guidelines and 
those codes and standards. As a result, the proposed rule, the A117.1-
1998 standard, and the International Building Code contain very similar 
provisions. For those sections of the proposed rule that are similar to 
the A117.1-1998 standard and the International Building Code, the Board 
has assumed no impact resulting from the proposed rule. Where the 
proposed rule differs from the A117.1-1998 standard, the International 
Building Code, and industry practice, the Board examined sections that 
are likely to have a measurable impact on the design and construction 
of buildings and facilities. Sections that are likely to have no or 
minimal impact were not included in the regulatory assessment. In all, 
13 separate building elements or items were examined in the regulatory 
assessment. One of the items, accessible vending equipment, was 
determined to have no cost impact on further examination and is not 
included in the data summarized below.
    Table 1 lists the sections of the proposed rule that are expected 
to have an impact, the accessible elements required, and the unit cost 
for each element. Where an element is expected to result in an increase 
in space, the amount of space increase or the average cost for a square 
foot of space is listed.

                               Table 1.--Building Element Costs: New Construction
----------------------------------------------------------------------------------------------------------------
                   Section                                       Accessible Element                    Unit Cost
----------------------------------------------------------------------------------------------------------------
203.2.......................................  Employee Work Areas--Visual Alarms.....................       $270
217.4.2.1, F217.4.2, F217.4.3...............  TTYs...................................................      1,998
231.1, 708.1, 708.2.........................  Two-Way Communication Systems--Visual Signals..........      1,077
234.1.3, 1103.1, 1103.5, 1103.5.1...........  Dwelling Units: Communication Features--Doorbell with          250
                                               Visual Signal.
234.1.3, 1103.1, 1103.6.....................  Dwelling Units: Communication Features--TTY Capability         264
                                               at Site/Building/Floor Entry.
230.1.......................................  Accessible Operable Windows--``Add-On'' Hardware.......        364
221.5.......................................  Assembly Areas: ``Equivalent'' Vertical Access--3-Stop      61,794
                                               Hydraulic Elevator.
802.6.......................................  Assembly Areas: Dispersion of Wheelchair Spaces/            14,213
                                               Designated Aisle Seats--Platform Lifts.
221.3, 802.7................................  Assembly Areas: Wheelchair Space Companion Seats--6          1,315
                                               Square Ft. Area Increase and Anchorings.
221.4.1, 221.4.2............................  Assembly Areas: Designated Aisle Seats on Accessible           204
                                               Route--Average Cost Square Foot of Assembly Facility.
224.4, 806.3, 806.3.1, 702.3.6..............  Transient Lodging Guest Rooms--Visual Alarms...........        293
224.2, 806.3, 806.3.2, 704.3................  Transient Lodging Guest Rooms--Doorbell with Visual            263
                                               Signal.
----------------------------------------------------------------------------------------------------------------

    Table 2 summarizes data for the building types that are expected to 
be affected by the sections in Table 1. Four building types are 
included: office building, hotel, multi-family dwelling unit, and 
stadium/arena. Stadium/arena is further examined by the size of the 
facility: large, medium, and small. With the exception of the large 
stadium/arena, the total cost for the accessible elements as a 
percentage of total construction costs is one-half percent or less for 
the various building types. Multiplex cinemas were considered also but 
were determined to have no cost impact.

                                 Table 2.--Building Type Costs: New Construction
----------------------------------------------------------------------------------------------------------------
                                                        Accessible elements                       Total cost for
                                  ---------------------------------------------------------------   accessible
Building type size,  construction                                                                    elements
               cost                                                                                percentage of
                                                       Number                          Cost        construction
                                                                                                       cost
----------------------------------------------------------------------------------------------------------------
Office Building, 200,000 sq. ft.,  Employee Work Areas--Visual Alarm Appliances,         $65,375         $66,452
 $25,000,000.                       250.
                                   Two-Way Communication Systems, 1.............           1,077           0.27%

[[Page 62283]]

 
Hotel, 150 guest rooms,            Guest Rooms--Visual Alarms 63................          18,459         $35,028
 $8,000,000.
                                   Guest Rooms--Notification Devices, 63........          16,569           0.44%
Multi-Family Dwelling Unit, 800-   Dwelling Unit--Doorbell with Visual Signals,              250            $514
 1,000 sq. ft., $100,000.           1.
                                   Dwelling Unit--TTY Capability on Site/                    264           0.51%
                                    Building/Floor Entry System 1.
Large Stadium/Arena, 50,000        ``Equivalent'' Vertical Access, 3 Elevators..         185,382     $11,846,702
 seats, $350,000,000.
                                   Dispersion of Wheelchair Spaces/Designated         11,000,000            3.4%
                                    Aisle Seats, 50,000 sq. ft., mezzanine in
                                    upper deck.
                                   Wheelchair Space Companion Seats, 501........         661,320
                                   Designated Aisle Seats in Accessible Route,
                                    No impact assumed.
Medium Stadium/Arena, 20,000       ``Equivalent'' Vertical Access, 2 Elevators..         123,558        $751,760
 seats, $200,000,000.
                                   Dispersion of Wheelchair Spaces/Designated            $56,852           0.38%
                                    Aisle Seats, 4 Lifts.
                                   Wheelchair Space Companion Seats, 201........         265,320
                                   Designated Aisle Seats on Accessible Route,           306,000
                                    1,500 sq. ft..
Small Stadium/Arena, 11,000 seats  ``Equivalent'' Vertical Access, 1 Elevator...          61,794        $236,740
 $50,000,000.
                                   Dispersion of Wheelchair Spaces/Designated             28,426           0.47%
                                    Aisle Seats, 2 Lifts.
                                   Wheelchair Space Companion Seats, 111........         146,520
                                   Designated Aisle Seats on Accessible Route,
                                    No impact assumed.
----------------------------------------------------------------------------------------------------------------

    As shown in Table 2, the regulatory assessment sampled a variety of 
types of assembly facilities. However, the regulatory assessment did 
not include facilities that have between 300 and 11,000 seats. The 
Board seeks information on what types of facilities have more than 300 
and fewer than 11,000 seats. In addition, how many of each type of 
facility is constructed each year?
    None of the building types examined include TTYs or operable 
windows because either these elements typically are not provided in the 
building types; or if provided, these elements would be covered by the 
existing guidelines, the A 117.1-1998 standard, or the International 
Building Code. For instance under the existing guidelines (ADAAG 
4.1.3(17)(c)(i)), public facilities are required to provide a TTY if an 
interior public pay phone is provided in a public use area of a 
building. Under the proposed rule, public facilities would have to 
provide a TTY on a floor when a public pay phone is provided on a 
floor. If public pay phones are provided in public facilities, it is 
assumed that they are usually located in the lobby area on the main 
floor and would be covered by the existing guidelines. The number of 
new facilities that would not otherwise be covered by the existing 
guidelines, the A 117.1-1998 standard, and the International Building 
Code and would have to provide TTYs under the proposed rule is assumed 
to be small. It is estimated that 50 additional TTYs would be provided 
annually at an aggregate cost of $99,900. The Board seeks comment on 
this estimate.
    Table 3 presents the annual costs of the accessible elements for 
the various building types examined. The total costs are estimated to 
be $88,360,726. These costs are for new construction only. Because of 
the widely varying conditions in existing buildings and facilities, it 
is not feasible to estimate the impact of the proposed rule where 
alterations occur. The extent of the impact of the proposed rule on an 
existing building or facility undergoing alteration will depend on the 
existing condition of the building with regard to accessibility, the 
extent of the work planned, and the technical feasability of 
compliance.

       Table 3.--Annual Costs for Building Types: New Construction
------------------------------------------------------------------------
                                                             Costs for
       Building type and number of new facilities           accessible
                                                             elements
------------------------------------------------------------------------
Office Building, 250....................................     $16,397,600
Hotel, 890..............................................      31,174,920
Multi-Family Dwelling Unit, 800.........................         305,600
Large Stadium/Arena, 3..................................      35,540,106
Medium Stadium/Arena, 5.................................       3,758,800
Small Stadium/Arena, 5..................................       1,183,700
All Building Types......................................      88,360,726
------------------------------------------------------------------------

    The Board has requested Federal agencies to review the impact of 
the proposed requirements in the Architectural Barriers Act guidelines 
on their leased facilities. The General Services Administration and 
other agencies report that they do not expect an impact on their leased 
facilities. The United States Postal Service (USPS) reports that it 
leases approximately 27,000 facilities, and of these approximately 
3,000 new leases are negotiated annually for previously occupied 
facilities. USPS reports that it will have to provide van accessible 
parking spaces and accessible customer service counters, and upgrade 
its alarm systems when new leases are negotiated for previously 
occupied facilities. USPS estimates that these items will cost $10,000 
per facility, or $30,000,000 annually.
    The proposed rule will ensure that buildings and facilities covered 
by the Americans With Disabilities Act and the Architectural Barriers 
Act are readily accessible to and usable by people with disabilities 
and provide them equal opportunity to participate in and use the 
activities, goods, benefits, programs, and services provided therein. 
The proposed rule should also facilitate the certification of State and 
local building codes by the Attorney General. Under the Americans With 
Disabilities Act, State and local governments may request the Attorney 
General to certify State and local building codes where those codes 
establish accessibility requirements that meet or exceed the Federal 
requirements. As discussed above, the Board has worked with

[[Page 62284]]

groups responsible for the A117.1-1998 standard and International 
Building Code to harmonize the guidelines and those codes and 
standards, which are expected to be widely adopted by State and local 
governments. As a result, it should be easier for State and local 
governments to have the Attorney General certify their building codes 
in the future. Architects, designers, owners, and other persons covered 
by the Americans With Disabilities Act also will find it easier to 
comply with these laws if State and local building codes are certified. 
Instead of having to review building and facility designs for 
compliance with both Federal requirements and State and local 
government requirements, persons can be reasonably assured that 
compliance with State and local requirements will satisfy Federal 
requirements. The Americans With Disabilities Act specifically provides 
that in any enforcement action, certification of a State and local 
building code by the Attorney General is rebuttable evidence that the 
code meets or exceeds Federal requirements. The proposed rule is 
expected to result in a greater degree of compliance with Federal 
requirements.

Executive Order 13132: Federalism

    This proposed rule is issued to implement the Americans With 
Disabilities Act and the Architectural Barriers Act and will ensure 
that buildings and facilities covered by those laws are readily 
accessible to and usable by people with disabilities. Ensuring the 
civil rights of people with disabilities has been recognized as a 
responsibility of the Federal government. The Americans With 
Disabilities Act was enacted to provide a clear and comprehensive 
national mandate for the elimination of discrimination against people 
with disabilities. Issuance of the proposed rule is consistent with the 
fundamental federalism principles set forth in Executive Order 13132. 
The Board is required by Federal statute to develop and maintain 
accessibility guidelines for building and facilities to serve as a 
basis for uniform accessibility standards adopted by other Federal 
agencies. In updating and revising the guidelines, the Board has 
utilized an advisory committee which represented the design and 
construction industry, the building code community, State and local 
governments, and people with disabilities. In addition to requesting 
public comments on the proposed rule, the Board will hold public 
hearings to give all interested persons ample opportunity to share 
their views regarding the rule with the Board.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act does not apply to proposed or 
final rules that enforce constitutional rights of individuals or 
enforce any statutory rights that prohibit discrimination on the basis 
of race, color, sex, national origin, age, handicap, or disability. 
Since the proposed rule is issued under the authority of the Americans 
With Disabilities Act and the Architectural Barriers Act, an assessment 
of the rule's affects on State, local, and tribal governments, and the 
private sector is not required by the Unfunded Mandates Reform Act.

Regulatory Flexibility Act

    The Chair, on behalf of the Board, certifies pursuant to 5 U.S.C. 
605(b) that the proposed rule will not have a significant economic 
impact on a substantial number of small entities. As discussed above 
under Executive Order 12866 and the Congressional Review Act, the Board 
has assessed the impact of the proposed rule on various building types. 
The proposed rule is expected to have an impact of one-half percent or 
less on new construction costs for the various buildings and 
facilities, with the exception of a large stadium/arena which does not 
qualify as a small entity. These impacts are described more fully in 
the regulatory analyses prepared for the proposed rule. Based on this, 
the Board expects that the proposed rule will have an economic impact, 
but not a significant economic impact, on small entities and therefore 
a regulatory flexibility analysis has not been prepared. Nonetheless, 
the Board is interested in the potential impacts of the proposed rule 
on small entities and welcomes additional comments during the 
rulemaking process on issues related to such impacts.

List of Subjects

36 CFR Part 1190

    Buildings and facilities, Individuals with disabilities.

36 CFR Part 1191

    Buildings and facilities, Civil rights, Individuals with 
disabilities, Transportation.
June I. Kailes,
Chair, Architectural and Transportation Barriers Compliance Board.
    For the reasons stated in the preamble, under the authority of 29 
U.S.C. 792(b)(3) and 42 U.S.C. 12204, the Architectural and 
Transportation Barriers Compliance Board proposes to amend chapter XI 
of Title 36 of the Code of Federal Regulations as follows:

PART 1190--[REMOVED]

    1. Part 1190 is removed.
    2. Part 1191 is revised to read as follows:

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

Sec.
1191.1  Accessibility guidelines.
Appendix A to Part 1191--Americans With Disabilities Act: Scoping
Appendix B to Part 1191--Architectural Barriers Act: Scoping
Appendix C to Part 1191--Technical

    Authority: 29 U.S.C. 792(b)(3); 42 U.S.C. 12204.


Sec. 1191.1  Accessibility guidelines.

    (a) The accessibility guidelines for buildings and facilities 
covered by the Americans with Disabilities Act are set forth in 
Appendices A and C to this part. The guidelines serve as the basis for 
accessibility standards adopted by the Department of Justice and the 
Department of Transportation under the Americans with Disabilities Act.
    (b) The accessibility guidelines for buildings and facilities 
covered by the Architectural Barriers Act are set forth in Appendices B 
and C to this part. The guidelines serve as the basis for accessibility 
standards adopted by the General Services Administration, the 
Department of Defense, the Department of Housing and Urban Development, 
and the United States Postal Service under the Architectural Barriers 
Act.

BILLING CODE 8150-01-P

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[FR Doc. 99-29250 Filed 11-15-99; 8:45 am]
BILLING CODE 8150-01-C