[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Rules and Regulations]
[Pages 44084-44455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16025]



[[Page 44083]]

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Part II





Architectural and Transportation Barriers Compliance Board





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36 CFR Parts 1190 and 1191



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

  Federal Register / Vol. 69, No. 141 / Friday, July 23, 2004 / Rules 
and Regulations  

[[Page 44084]]


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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: Final rule.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) is revising and updating 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. 
The ADA applies to places of public accommodation, commercial 
facilities, and State and local government facilities. The ABA covers 
facilities designed, built, altered with Federal funds or leased by 
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.

DATES: The guidelines are effective September 21, 2004. The 
incorporation by reference of certain publications listed in the 
guidelines is approved by the Director of the Federal Register as of 
September 21, 2004.

FOR FURTHER INFORMATION CONTACT: Marsha Mazz, 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) 272-0020 (voice); (202) 272-0082 (TTY). 
These are not toll free numbers. E-mail address: board.gov">ta@access-board.gov.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

    Single copies of this publication may be obtained at no cost by 
calling the Access Board's automated publications order line (202) 272-
0080, by pressing 2 on the telephone keypad, then 1 and requesting 
publication S-50 (ADA and ABA Accessibility Guidelines Final Rule). 
Please record your name, address, telephone number and publication 
code. Persons using a TTY should call (202) 272-0082. This document is 
available in alternate formats upon request. Persons who want a 
publication in an alternate format should specify the type of format 
(cassette tape, braille, large print, or ASCII disk). This document is 
also available on the Board's Web site (http: //www.access-board.gov).

Statutory Background

    The Access Board is responsible for developing and maintaining 
accessibility guidelines for the construction and alteration of 
facilities covered by the Americans with Disabilities Act (ADA) of 
1990.\1\ The Board holds a similar responsibility under the 
Architectural Barriers Act (ABA) of 1968.\2\ The Board's guidelines 
provide a minimum baseline for other Federal departments responsible 
for issuing enforceable standards.
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    \1\ 42 U.S.C. 12101 et seq.
    \2\ 42 U.S.C. 4151 et seq.
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    The ADA 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. To ensure that 
buildings and facilities are accessible to and usable by people with 
disabilities, the ADA establishes accessibility requirements for State 
and local government facilities under title II and places of public 
accommodation and commercial facilities under title III. The law 
requires that the Board issue minimum guidelines to assist the 
Department of Justice (DOJ) and the Department of Transportation (DOT) 
in establishing accessibility standards under these titles. Those 
standards must be consistent with the Board's guidelines.
    The ABA requires access to facilities designed, built, altered, or 
leased with Federal funds. Similar to its responsibility under the ADA, 
the 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).
    Each Federal department responsible for standards based on the 
Board's guidelines under the ADA or the ABA is represented on the 
Board. These departments have been closely involved in the development 
of this rule. Through this process, the Board and the standard-setting 
agencies coordinated extensively to minimize any differences between 
the Board's guidelines and their eventual updated standards.

Rulemaking History

ADA Accessibility Guidelines

    On July 26, 1991, one year after the ADA was signed into law, the 
Board published the ADA Accessibility Guidelines (ADAAG).\3\ The Board 
supplemented ADAAG to include additional requirements specific to 
transportation facilities on September 6, 1991.\4\ The Department of 
Justice (DOJ) and the Department of Transportation (DOT) incorporated 
ADAAG into their ADA implementing regulations, thus making ADAAG the 
enforceable standard under titles II and III of the ADA.\5\
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    \3\ 56 FR 35408, 36 CFR Part 1191.
    \4\ 56 FR 45500.
    \5\ 56 FR 35544, 28 CFR Part 36 (DOJ's ADA regulation 
implementing title III); 56 FR 45584, 49 CFR Parts 37 and 38 (DOT's 
ADA regulation implementing titles II and III).
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    In developing the original ADAAG, the Board identified subjects for 
further rulemaking based on information it received through public 
comments. Some addressed areas that had not been specifically covered 
by an access standard or code before. The Board initiated a long-term 
agenda of rulemaking a year after ADAAG was first published. It 
proceeded with this agenda independently from its update of the 
original document. On separate tracks, the Board developed ADAAG 
supplements covering:
     State and local government facilities (1998)\6\
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    \6\ 63 FR 2000 (January 13, 1998).
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     building elements designed for children's use (1998) \7\
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    \7\ 63 FR 2060 (January 13, 1998).
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     play areas (2000) \8\
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    \8\ 65 FR 62498 (October 18, 2000).
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     recreation facilities (2002) \9\
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    \9\ 67 FR 56352 (September 3, 2002).
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    These supplementary guidelines have not yet been adopted by the DOJ 
as enforceable standards under the ADA.
    In 1994, the Board initiated an effort to update the original ADAAG 
by establishing an advisory committee to thoroughly review the document 
and to recommend changes. The ADAAG Review Advisory Committee consisted 
of 22 members representing the design and construction industry, the 
building codes community, State and local government entities, and 
people with disabilities.\10\ The committee was

[[Page 44085]]

charged with reviewing ADAAG in its entirety and making recommendations 
to the Board on improving ADAAG's format and usability, reconciling 
differences between ADAAG and national consensus standards, and 
updating its requirements so that they continue to meet the needs of 
persons with disabilities.
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    \10\ The American Council of the Blind, the American Institute 
of Architects, the American Society of Interior Designers, 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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    Following a consensus-based process for the adoption of 
recommendations, the committee met extensively over a two-year period 
and fulfilled its mission with the issuance of a report, 
``Recommendations for a New ADAAG,'' in September, 1996.
    The advisory committee's report recommended significant changes to 
the format and style of ADAAG. In fact, its recommendations reorganize 
much of the document. 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. The advisory 
committee coordinated closely with the American National Standards 
Institute (ANSI) A117 Committee, which was in the process of updating 
its standard. The ANSI A117.1 standard is a national consensus standard 
that provides technical requirements for accessible buildings and 
facilities. The A117.1 standard is referenced by the International 
Building Code and various state codes, among others. 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 
differences between ADAAG and the ANSI A117.1-1998 standard.

ABA Accessibility Guidelines

    The Board issued minimum guidelines for federally funded facilities 
under the ABA in 1982. These guidelines served as the basis for 
enforceable standards known as the Uniform Federal Accessibility 
Standards (UFAS). The Board has coordinated the update of its ABA 
guidelines with its review of ADAAG in order to reconcile differences 
between them and to establish a more consistent level of accessibility 
between facilities covered by the ADA and those subject to the ABA.

ADA and ABA Accessibility Guidelines

    On November 16, 1999, the Board published a proposed rule to 
jointly update and revise its ADA and ABA accessibility guidelines. 
This proposal was largely based on the ADAAG Review Advisory 
Committee's report. In preparing the proposed rule, the Board had 
reviewed all of the committee's recommendations and adopted most of 
them with some changes of its own. Additionally, the Board developed 
new figures to illustrate various provisions and provided updated 
advisory information. In an accompanying discussion of the proposed 
revisions, the Board posed a number of questions to the public on a 
variety of issues to solicit information for its use in finalizing the 
rule. The proposed rule contained three parts:
     Application and scoping requirements for facilities 
covered by the ADA.
     Application and scoping requirements for facilities 
covered by the ABA.
     A common set of technical provisions referenced by both 
scoping documents.
    The proposed rule also incorporated supplements to ADAAG that the 
Board developed independently from its review of ADAAG. In 1998, the 
Board issued a supplement to ADAAG covering State and local government 
facilities, including courthouses and prisons. At the same time, the 
Board published specifications for building elements designed for 
children's use as amendments to ADAAG, which, as originally published, 
only contained requirements based on adult dimensions. The Board also 
incorporated into the proposed rule requirements for residential 
housing which were based on those developed by the ANSI A117 Committee 
in 1998.
    The proposed rule was made available for public comment for six 
months. During this comment period, which ended May 15, 2000, the Board 
held public hearings in Los Angeles, CA (January 31, 2000) and in the 
Washington, DC area (March 13, 2000), which provided an additional 
forum for people to provide comment, either orally or in writing. About 
140 persons provided testimony at these hearings.
    More than 2,500 comments on the proposed rule were submitted to the 
Board by mail, e-mail, or fax. Almost three quarters of the comments 
were submitted by individuals, primarily persons with disabilities. 
Most of these comments addressed reach range requirements for people of 
short stature, access for people with multiple chemical sensitivities, 
movie theater captioning for persons who are deaf or hard of hearing, 
and access to certain elements, such as automatic teller machines 
(ATMs) for people with vision impairments. Comments were also submitted 
by trade associations and manufacturers, disability groups, design and 
codes professionals, government agencies, and building owners and 
operators, among others. Some of the most common topics included 
alarms, handrails, assembly areas, van spaces and ATMs. Comments 
received after the deadline were entered into the docket as the Board 
has a policy of considering late comments to the extent practicable.
    The Board has finalized the guidelines according to its review and 
analysis of the comments to the proposed rule. Comments and resulting 
changes in the rule are discussed below in the Section-by-Section 
Analysis.
    From the outset of this rulemaking, the Board has sought to 
harmonize the ADA and ABA Accessibility Guidelines with industry 
standards, particularly the ANSI A117.1 standard and the International 
Building Code (IBC). On April 2, 2002, the Board placed in the 
rulemaking docket for public review a draft of the final guidelines to 
further promote such harmonization.\11\ The ANSI A117 Committee and the 
International Code Council (ICC) were in the process of updating the 
ANSI A117.1-1998 standard and the IBC, respectively. The Board proposed 
changes to these documents based on the draft final guidelines, some of 
which were approved. In addition, the Board made revisions to the 
guidelines for consistency with proposed changes to the ANSI A117.1 
standard and the IBC. As a result, some of the remaining differences 
between the draft final guidelines and these documents were reconciled. 
Changes to the guidelines as a result of this harmonization, as well as 
public comments received on the draft final guidelines, are noted in 
the Section-by-Section Analysis.
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    \11\ 67 FR 15509.
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General Issues

    Comments were received on the organization and format of the 
revised guidelines. The final rule has been structurally reorganized in 
several

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respects. Two technical chapters covering specific occupancies 
(transportation facilities and residential facilities) were integrated 
into other chapters. A new chapter was added through the incorporation 
of guidelines for recreation facilities and play areas that the Board 
previously finalized in separate rulemakings. These changes are further 
detailed in this section. In addition, comments were received on issues 
that the Board is involved in but were not made part of this 
rulemaking. These issues, further discussed below, concern multiple 
chemical sensitivities and electromagnetic sensitivities, classroom 
acoustics, and certain elements specific to public rights-of-ways.

Organization and Format

    Most commenters supported the new organizational structure of the 
guidelines and found it to be clearer and easier to use than the 
original ADAAG. Several suggested that the final rule contain a subject 
index, that pages not be numbered separately for each part of the rule, 
and that a table of contents be provided for advisory material and 
figures listing the figure with section number, the title of the 
figure, and page number where it is located. Several commenters 
recommended that there be one table of contents at the beginning of the 
document rather than separate tables of contents for each part of the 
rule. There was support for placing advisory material near the 
provision it discusses but commenters recommended even greater 
distinction of their non-legal, non-binding status since the advisory 
notes stand out more than the requirements. Commenters also recommended 
that figures should have titles and numbers and be clearly linked to 
the text. A few commenters recommended that advisory information be 
adopted as enforceable language or be deleted.
    The Board has revised the format and structure of the guidelines in 
response to these comments. The final rule includes a subject index to 
facilitate use of the document. In the proposed rule, the ADA and ABA 
scoping documents and the technical section were paginated separately; 
in the final rule, the pages are numbered consecutively through the 
entire document. In addition, the Board has simplified the table of 
contents structure, provided titles for figures, and reformatted 
advisory notes so that they appear subordinate to the requirements they 
discuss. Advisory notes are provided for informational purposes only 
and are not mandatory. Throughout the final rule, advisory notes have 
been added or revised based on comments or revisions to text 
requirements. In most cases, advisory notes clarify the meaning of a 
requirement or provide recommendations for good practice.
    Some commenters felt that the Board should reference other codes 
and standards for greater consistency with the model building codes and 
that more cross references should be made to other codes and standards. 
In the final rule, the Board has added references to other codes and 
standards to enhance consistency with model building codes and 
standards. Scoping and technical requirements for accessible means of 
egress have been replaced with a reference to corresponding 
requirements in the International Building Code (IBC), as further 
discussed below in the Section-by-Section Analysis under section 207. 
Criteria for fire alarm systems have been replaced by a reference to 
the National Fire Protection Association (NFPA) standard upon which 
they were based, as discussed below in section 702.

Existing Facilities

    Commenters expressed concern about how changes to these guidelines 
would impact existing facilities that were previously retrofitted under 
ADA requirements, such as those requiring barrier removal and program 
access. The ADA requires the removal of barriers in existing places of 
public accommodation where it is readily achievable. State and local 
government entities are required to provide access to programs, which 
may necessitate retrofit of existing facilities. Commenters expressed 
concern that further retrofit efforts would be triggered due to new 
requirements in the revised guidelines. Specifically, commenters asked 
whether elements that comply with the original ADAAG would need to be 
altered to meet the requirements of the updated guidelines under the 
obligations for barrier removal or program access.
    The Board's authority under the ADA only extends to the development 
and maintenance of accessibility guidelines for construction and 
planned alterations and additions. It does not have jurisdiction over 
requirements for existing facilities that are otherwise not being 
altered, except for certain types of transit stations (key stations and 
intercity rail stations). Under the ADA, regulations issued by the 
Department of Justice (DOJ) and the Department of Transportation (DOT) 
effectively govern requirements that apply to existing facilities. How, 
and to what extent, the Board's guidelines are used for purposes of 
retrofit, including removal of barriers and provision of program 
access, is wholly within the purview of these departments. It is the 
Board's understanding that the Department of Justice is aware of the 
concern outlined in comments and that the Department plans to address 
these concerns in its rulemaking to revise its ADA standards consistent 
with the Board's final rule.

Reorganization of Chapters on Transportation Facilities and Residential 
Facilities

    The proposed rule, consistent with the advisory committee's 
recommendations, minimized classifications and structural delineations 
in the guidelines based on facility or occupancy type. As a result, 
special occupancy chapters of the original ADAAG had been integrated 
into the main body of the document in the proposed rule. It was felt 
that this change would help underscore the premise that the guidelines 
must be consulted and applied in its entirety regardless of the 
facility type. It is also consistent with the overall aim of 
encouraging an integrated approach to accessibility as reflected by 
other proposed format and organizational changes. However, the proposed 
rule did retain two technical chapters based on occupancy types: 
transportation facilities (Chapter 10) and residential facilities 
(Chapter 11). In the final rule, the provisions of these technical 
chapters have been incorporated into other chapters, as appropriate, 
for greater consistency with the rest of the document. The revisions 
related to this reorganization are further detailed in the Section-by-
Section Analysis.

Incorporation of Guidelines for Play Areas and Recreation Facilities

    In separate rulemakings, the Board developed supplements to ADAAG 
covering play areas and recreation facilities. These supplemental 
guidelines, developed independently from this rulemaking, were 
finalized after the Board published the proposed rule.
    On October 18, 2000, the Board issued final guidelines for play 
areas.\12\ The guidelines are one of the first of their kind in 
providing a comprehensive set of criteria for access to play areas. 
They cover the number of play components required to be accessible, 
accessible surfacing in play areas, ramp access and transfer system 
access to elevated structures, and access to soft contained play 
structures. The guidelines address play areas provided at schools, 
parks, child care facilities (except those based in the operator's 
home, which are

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exempt), and other facilities subject to the ADA. The Board developed 
the guidelines through regulatory negotiation, a supplement to the 
traditional rulemaking process that allows face-to-face negotiations 
among representatives of affected interests in order to achieve 
consensus on the text of a proposed rule. The regulatory negotiation 
committee represented a variety of interests, including play equipment 
manufacturers, landscape architects, parks and recreation facilities, 
city and county governments, child care operators, and people with 
disabilities. The committee submitted a report to the Board upon which 
the guidelines are based. The Board published the guidelines in 
proposed form for public comment in April 1998 and finalized them 
according to its review and analysis of the comments it received.
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    \12\ 65 FR 62498.
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    On September 3, 2002, the Board finalized guidelines that address 
access to a variety of recreation facilities covered by the ADA, 
including amusement rides, boating facilities, fishing piers and 
platforms, golf courses, miniature golf, sports facilities, and 
swimming pools and spas.\13\ The requirements are largely based on 
recommendations prepared by the Recreation Access Advisory Committee, 
which the Board had established for this purpose. These recommendations 
are contained in a report, ``Recommendations for Accessibility 
Guidelines: Recreational Facilities and Outdoor Developed Areas,'' 
which the Board had made widely available as a source of guidance 
pending the development of guidelines. The Board published the 
guidelines in proposed form in July 1999, and made them available for 
public comment for six months. During the comment period, the Board 
held public hearings on the proposed guidelines in Dallas, TX and 
Boston, MA. In an effort to provide the public with an additional 
opportunity for input on the rule before it was finalized, the Board 
published a summary of changes it intended to make to the guidelines. 
This summary was published on July 21, 2000, and was made available for 
public comment for two months. During the comment period, the Board 
held informational meetings on the summary in Washington, DC and San 
Francisco, CA. Approximately 70 comments on the summary were received.
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    \13\ 67 FR 56352.
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    The Board issued a notice on September 3, 2002, making the final 
guidelines issued for play areas and recreation facilities applicable 
to federally funded facilities covered by the ABA.\14\ No comments were 
received in response to the notice.
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    \14\ 67 FR 56441.
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    The Board has integrated the guidelines for play areas and those 
for recreation facilities into this final rule. Referenced standards 
and definitions have been added to Chapter 1 (sections 105 and 106), 
scoping provisions have been incorporated into Chapter 2 (sections 234 
through 243), and technical provisions are provided in Chapter 6 
(Plumbing Elements and Facilities) and Chapter 10 (Recreation 
Facilities and Play Areas). In addition, various provisions and 
exceptions have been integrated into existing scoping provisions in 
Chapter 2 (sections 203 through 206, 210, 216, and 221) and technical 
provisions in Chapter 3 (section 302 and 303). These criteria have been 
editorially revised to fit into the new structure and format of the 
revised ADA and ABA accessibility guidelines. No substantive revisions 
have been made in incorporating them into this final rule. While the 
Board has otherwise sought to avoid technical chapters that are based 
solely on an occupancy type, it has located the technical provisions of 
the play areas and recreation facilities guidelines into a separate 
chapter. Since these guidelines are new and comprehensive in their 
coverage of a variety of distinct facility types, the Board felt that 
users could more readily familiarize themselves with the requirements 
if they remained localized in a separate chapter.

Multiple Chemical Sensitivities and Electromagnetic Sensitivities

    The Board received approximately 600 comments from individuals with 
multiple chemical sensitivities and electromagnetic sensitivities. They 
reported that chemicals released from products and materials used in 
the construction, alteration, and maintenance of buildings; 
electromagnetic fields; and inadequate ventilation are barriers that 
deny them access to buildings. They requested the Board to include 
provisions in this final rule to make the indoor environment accessible 
to them.
    The Board recognizes that multiple chemical sensitivities and 
electromagnetic sensitivities may be considered disabilities under the 
ADA if they so severely impair the neurological, respiratory, or other 
functions of an individual that it substantially limits one or more of 
the individual's major life activities. The Board plans to closely 
examine the needs of this population, and undertake activities that 
address accessibility issues for these individuals.
    The Board plans to develop technical assistance materials on best 
practices for accommodating individuals with multiple chemical 
sensitivities and electromagnetic sensitivities. The Board also is 
sponsoring a project on indoor environmental quality. In this project, 
the Board is bringing together building owners, architects, building 
product manufacturers, model code and standard-setting organizations, 
individuals with multiple chemical sensitivities and electromagnetic 
sensitivities, and other individuals. This group will examine building 
design and construction issues that affect the indoor environment, and 
develop an action plan that can be used to reduce the level of 
chemicals and electromagnetic fields in the built environment.
    Neither the proposed rule nor the draft final rule included 
provisions for multiple chemical sensitivities or electromagnetic 
sensitivities. The Board believes that these issues require a thorough 
examination and public review before they are addressed through 
rulemaking. The Board does not address these issues in this final rule.

Classroom Acoustics

    Comments were received that urged the Board to address the 
acoustical performance of buildings and facilities, in particular 
school classrooms and related student facilities. Research indicates 
that high levels of background noise in classrooms compromises speech 
intelligibility for many children to such an extent that their reading, 
communication, and learning skills may not be developing adequately. At 
particular risk are children who have mild to moderate hearing loss, 
temporary hearing loss, speech impairments, or learning disabilities. 
Instead of undertaking rulemaking of its own on this issue, the Board 
opted to work with the private sector in the development of classroom 
acoustic standards. In 1999, the Board partnered with the Acoustical 
Society of America (ASA) on the development of a new standard for 
acoustics in classrooms that takes into account children who are hard 
of hearing. ASA had previously established a special working group for 
this purpose. The Board helped sponsor the work of this group and 
expanded its membership through the addition of representatives from 
disability groups, school systems, designers, and government agencies. 
At the Board's urging, ASA committed to a two-year time frame for the 
completion of

[[Page 44088]]

standards. The standard, completed in 2002, has been approved as ASA/
ANSI S12.60-2002, Acoustical Performance Criteria, Design Requirements 
and Guidelines for Schools. It sets specific criteria for maximum 
background noise (35 decibels) and reverberation time (0.6 to 0.7 
seconds for unoccupied classrooms). These and other specifications are 
consistent with long-standing recommendations for good practice in 
acoustical design. Taken by itself, the standard is voluntary unless 
referenced by a code, ordinance, or regulation. The Board submitted a 
proposal to the International Code Council (ICC) recommending that core 
provisions contained in the ASA/ANSI standard be incorporated into the 
next edition of the International Building Code (IBC). The Board's 
proposal was taken up for consideration at an ICC hearing in September 
2002, but was not adopted. However, school systems in various states 
and cities are applying the criteria in the ASA/ANSI standard to the 
design of classrooms. The Board is participating in outreach and 
education activities to promote greater understanding of the need for 
good classroom acoustics.

Public Rights-of-Way

    Some comments asked that the final rule address certain elements 
common in public rights-of-ways. These comments addressed roadway 
design, speed bumps, crosswalks, on-street parking, audible signs and 
pedestrian signals, and emergency call boxes. The Board will address 
and invite comment on issues regarding access to public rights-of-way 
in a separate rulemaking. On June 17, 2002, the Board released for 
public comment a set of draft guidelines on accessible public rights-
of-way in advance of publishing a proposed rule. The guidelines would 
supplement the ADA and ABA accessibility guidelines by adding new 
provisions for sidewalks, street crossings, and related pedestrian 
facilities. The draft guidelines were based on a report submitted to 
the Board by the Public Rights-of-Way Access Advisory Committee in 
January 2001. This committee, which the Board created to make 
recommendations on the guidelines, included representatives from the 
transportation industry, Federal, State and local government agencies, 
the disability community, and design and engineering professionals. The 
advisory committee's report, ``Building A True Community,'' is 
available from the Board.

Section-by-Section Analysis

    In finalizing this rule, the Board has revised various requirements 
in the guidelines based on its review and analysis of public comments. 
This section discusses public comments to the rule and details 
revisions that represent a substantive change from the proposed rule. 
Not all editorial or non-substantive revisions are addressed in this 
discussion.

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). Revisions have been made in the final 
rule to the sections covering conventions, referenced standards, and 
definitions.
104 Conventions
    Section 104.1 notes that all dimensions not stated as a ``maximum'' 
or ``minimum'' are absolute and that all dimensions are ``subject to 
conventional industry tolerances.'' Conventional industry tolerances 
recognized by this provision include those for field conditions and 
those that may be a necessary consequence of a particular manufacturing 
process. In the final rule, the Board has limited this provision so 
that it does not apply to requirements where a range is provided since 
the specified range offers adequate tolerances. Section 104.2 addresses 
rounding in the case of percentages where fractions result.
    Comment. Commenters recommended that a statement be added 
indicating that the figures in the guidelines are provided for 
information purposes only, consistent with the ANSI A117.1 standard.
    Response. A provision has been added in the final rule which states 
that the figures contained in this document ``are provided for 
informational purposes only'' (104.3). This recognizes that all 
requirements in the guidelines are contained in text and that the 
figures are provided to illustrate the text-based specifications. 
Should a figure be interpreted differently from the text, the text 
governs.
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 applies. The final rule includes 
information on where these referenced standards can be obtained or 
inspected. The Board also has clarified in this section where in the 
guidelines each standard is referenced.
    Standards referenced in the final rule include those issued by the:
     American National Standards Institute (ANSI) and Builders 
Hardware. Manufacturers Association (BHMA) for power operated and power 
assisted doors (105.2.1).
     American Society of Mechanical Engineers (ASME) for 
various elevators and platform lifts (105.2.2).
     American Society for Testing and Materials (ASTM) for use 
zones, play equipment, and accessible surfaces at play areas (105.2.3).
     International Code Council (ICC), whose International 
Building Code is referenced with respect to provisions for means of 
egress and railings (105.2.4).
     National Fire Protection Association (NFPA) for fire 
alarms (105.2.5).
    The Board has revised the rule to reference the most recent 
editions of the standards and addenda. The final rule includes the 
addition of ASTM standards and the International Building Code (IBC). 
Guidelines for play areas previously issued by the Board, which 
reference ASTM criteria for use zone and accessible surfaces in play 
areas, have been incorporated into the final rule. Provisions in the 
guidelines for accessible means of egress have been replaced by 
references to corresponding requirements in the IBC.
    Information on the standards referenced in this rule is available 
on the Board's Web site at www.access-board.gov and in advisory notes.
106 Definitions
    Various defined terms and definitions have been revised, removed, 
or added in the final rule. The following definitions have been removed 
as unnecessary, in most cases due to changes in certain scoping or 
technical requirements: ``accessible route,'' ``area of refuge,'' 
``automatic door,'' ``destination-oriented elevator,'' ``ground 
floor,'' ``occupiable,'' ``power-assisted door,'' ``sign,'' and 
``wheelchair.'' New definitions included in the final rule address: 
``assistive listening system,'' ``equipment,'' ``key station,'' and 
``occupant load.'' Definitions contained in the guidelines for 
recreation facilities and play areas are included in the final rule. 
Definitions that have been revised include: ``assembly area,'' ``common 
use,'' ``mezzanine,'' ``residential dwelling unit,'' ``transient 
lodging,'' ``vehicular way,'' and ``walk.''
    Comment. It was suggested that the definition of ``assembly area'' 
should more clearly address the types of

[[Page 44089]]

facilities covered. The definition's reference to spaces used ``for the 
consumption of food and drink'' may be interpreted as applying to 
restaurants generally. The definition should also be revised, 
consistent with building codes, to apply to assembly areas that 
comprise only a portion of a facility.
    Response. The definition of ``assembly area'' has been revised to 
include ``a building, facility, or portion thereof used for the purpose 
of entertainment, educational or civic gatherings or similar 
purposes.'' An illustrative list of examples, previously provided in 
the scoping provision (221), has been relocated to this definition.
    Comment. Consistent with the original ADAAG, the proposed rule 
defined ``common use,'' in part, as spaces or elements ``made available 
for a restricted group of people.'' Comments considered the reference 
to ``restricted'' as a source of confusion and misinterpretation. In 
addition, it was suggested that ``group'' be replaced by a specific 
number.
    Response. As revised, the definition of ``common use'' refers to 
``interior or exterior circulation paths, rooms, spaces, or elements 
that are not for public use and are made available for the shared use 
of two or more people.''
    Comment. Commenters suggested that the definition for ``mezzanine'' 
should be revised for consistency with model building codes, including 
the IBC.
    Response. ``Mezzanine'' is now defined by the same definition used 
in the IBC: ``An intermediate level or levels between the floor and 
ceiling of any story with an aggregate floor area of not more than one-
third of the area of the room or space in which the level or levels are 
located.'' The Board has included clarification that mezzanines are 
elevated high enough to accommodate human occupancy on the floor below.
    Comment. Commenters considered it important that the definitions 
for ``dwelling unit'' and ``transient lodging'' be revised and made 
mutually exclusive to avoid the confusion of potentially overlapping 
terms. In particular, the hotel and motel industry was concerned about 
requirements for dwelling units being misapplied to transient lodging 
facilities.
    Response. In the final rule, the definitions for ``dwelling unit'' 
and ``transient lodging'' have been clarified and made mutually 
exclusive. The guidelines now use the term ``residential dwelling 
unit,'' which is defined as ``a unit intended to be used as a 
residence, that is primarily long-term in nature.'' This definition 
specifically excludes transient lodging, as well as medical care and 
long-term care facilities and detention and correctional facilities. 
``Transient lodging'' has been revised as applying to any facility 
``containing one or more guest room(s) for sleeping that provides 
accommodations that are primarily short-term in nature.'' The term 
excludes residential dwelling units, among other facility types. In 
addition, language exempting bed-and-breakfast type facilities with no 
more than five rooms has been relocated to this definition from the 
scoping provision for transient lodging in section 224.

ADA Chapter 2: Scoping Requirements

    This section discusses comments and changes to scoping provisions 
for facilities covered by the ADA. These provisions specify which 
elements and spaces are required to be accessible according to various 
technical requirements contained in chapters 3 through 10.
    Throughout this chapter and the rest of the document, the term 
``accessible'' has been replaced with more precise references to 
applicable criteria in the guidelines. For example, instead of 
referring to ``accessible'' spaces of one type or another, the 
guidelines now refer to spaces ``complying with'' the relevant 
technical criteria that make them accessible. This was done for greater 
precision and clarity.

201 Application

    This section provides that these guidelines apply to the design, 
construction, or alteration of covered facilities. The requirements 
apply to both permanent and temporary structures. No substantive 
changes have been made to this section.
    Comment. In the proposed rule, the term ``fixed'' had been removed 
as a modifier of certain elements covered by the guidelines, such as 
tables and storage. This was removed, along with references to elements 
that are ``built-in.'' Some comments argued that this change could be 
interpreted as broadening the scope of the guidelines to cover elements 
that are not fixed or built-in.
    Response. References to ``fixed'' and ``built-in'' were removed for 
editorial purposes of clarity and consistency. While the scope of the 
guidelines does not extend to elements that are not fixed or built-in, 
the Board believes that such clarification can be appropriately 
addressed in the regulations that implement the enforceable standards 
based on the Board's guidelines.
202 Existing Buildings and Facilities
    Section 202 establishes the scope and application of the guidelines 
in the case of alterations or additions to existing facilities. Section 
202.3 states that each altered element or space is required to meet the 
applicable scoping provisions of Chapter 2. There are three exceptions 
to this requirement, which have been revised for clarity or added in 
the final rule. Criteria for alterations affecting primary function 
areas (202.4) and historic facilities (202.5) are also provided. In the 
final rule, the provision for primary function areas includes a new 
exception for residential facilities.
    Comment. An exception in the proposed rule (202.3, Exception 1) 
stated that altered elements and spaces are not required to be on 
accessible routes. This was intended to clarify that an accessible 
route to an altered space or element does not have to be provided as 
part of the work, unless the alteration is to a primary function area 
covered by 202.4. Comments pointed out that while this exception was 
intended to cover accessible routes to an altered space, as worded it 
would also exempt accessible routes within an altered space.
    Response. The Board did not intend to exempt requirements for 
accessible routes within spaces that are altered. The scope of this 
exception has been limited so that it applies only where elements and 
spaces are altered, but the circulation path to them is not. Consistent 
with the proposed rule, this exception is not permitted for alterations 
to primary function areas, which are required to be connected by an 
accessible path of travel (unless the cost of providing such a path is 
``disproportionate'' to the overall alteration cost).
    A second exception notes that compliance is required unless it is 
technically infeasible, in which case compliance is required to the 
maximum extent feasible (202.3, Exception 2). In the proposed rule, 
this exception contained clarifying language related to this provision 
that has been recast as an advisory note in the final rule.
    A third exception has been added in the final rule for residential 
facilities (202.3, Exception 3). This exception exempts from coverage 
dwelling units not required to be accessible under the ADA or the 
Rehabilitation Act of 1973,\15\ which requires that federally funded 
programs and services, including those pertaining to housing, be 
accessible to persons with disabilities. In finalizing the rule, the 
Board has reconciled housing requirements with those of

[[Page 44090]]

other Federal regulations, as discussed below in the scoping section on 
residential dwelling units (233). Regulations issued under title II of 
the ADA by DOJ and HUD under section 504 of the Rehabilitation Act 
require each program or activity conducted by a covered entity or a 
program or activity receiving Federal financial assistance to be 
readily accessible to and usable by individuals with disabilities when 
the program or activity is viewed in its entirety. Meeting these 
requirements may involve retrofit of existing facilities as part of a 
transition plan for compliance. Dwelling units that are accessible or 
that are to be made accessible under the requirements of the ADA or the 
Rehabilitation Act are required to comply with the requirements of 
section 202 when altered; other dwelling units are exempt under the new 
exception.
---------------------------------------------------------------------------

    \15\ 29 U.S.C. 701 et seq.
---------------------------------------------------------------------------

    Comment. Commenters expressed concern that the replacement of 
telephones would trigger more extensive alterations, such as a 
requirement to lower a telephone installed at 54 inches (currently 
permitted by ADAAG) to 48 inches.
    Response. Where elements are altered or replaced they must comply 
with these guidelines. However, in some cases the altered element is 
part of a larger element which is itself not altered. For example, pay 
telephone providers sometimes replace existing telephones with new 
telephones and, as part of the telephone replacement project, they do 
not replace or alter the existing telephone enclosures or pedestals. 
The new telephones, when replaced, must provide a volume control in 
compliance with section 704.3 that provides up to 20 decibels of gain; 
original ADAAG 4.31.5(2) only required 18 decibels of gain. However, 
the existing unaltered telephone enclosures or pedestals need not be 
lowered so that the telephones comply with the new 48 inch reach 
requirement established in section 308. Similarly, if a narrow door is 
replaced, the doorway need not be widened as a consequence of the door 
replacement. However, if new operating hardware is provided for the 
door, the hardware must comply with section 404.2.7.
    Comment. Commenters indicated that it is common practice to reduce 
the number of existing telephones in telephone banks in order to 
reconcile the supply of pay telephones with the demand; noting also an 
overall decrease in the demand for pay telephones. The comments 
requested clarification as to whether the removal of an inaccessible 
pay telephone would be an alteration that would trigger a requirement 
to lower an adjacent wheelchair accessible pay telephone from 54 inches 
(currently permitted by ADAAG) to 48 inches.
    Response. Inaccessible pay telephones may be removed without 
triggering requirements for lowering adjacent wheelchair accessible pay 
telephones, provided that the telephone enclosure or pedestal is not 
altered when telephones are removed.
    Alterations to areas containing a primary function must include an 
accessible path of travel to the altered area unless it is 
disproportionate in cost or scope (202.4). This provision is intended 
to ensure that such areas, when altered, are on an accessible route and 
are served by accessible rest rooms, telephones, and drinking 
fountains. Requirements specific to altered residential dwelling units 
in section 233.3 effectively substitute for this provision by ensuring 
an accessible route to those dwelling units required to comply as part 
of an alteration. For consistency and clarity, the Board has exempted 
residential dwelling units from the requirements for altered primary 
function areas.
    Comment. Comments from the historic preservation community 
requested that information be provided on the consultation procedures 
to be followed when applying the exceptions for alterations to 
qualified historic buildings or facilities in section 202.5. They also 
requested that the specific language for the exceptions for accessible 
routes, entrances, and toilet facilities be included in section 202.5, 
instead of in the various scoping provisions for those elements. In 
addition, they requested that information be provided on the obligation 
of public entities that operate historic preservation programs to 
achieve program accessibility under the DOJ regulations.
    Response. The final rule includes advisory information in section 
202.5 on the consultation procedures to be followed when applying the 
exceptions for alterations to qualified historic buildings or 
facilities. This information derives from advisory information in the 
original ADAAG (section 4.1.7). When an entity believes that compliance 
with the requirements for accessible routes, entrances, or toilet 
facilities would threaten or destroy the historic significance of the 
building or facility, the entity should consult with its State Historic 
Preservation Officer. If the State Historic Preservation Officer agrees 
that compliance with the requirements for a specific element would 
threaten or destroy the historic significance of the building or 
facility, use of the exception for that element is permitted. The 
advisory note to section 202.5 also references the scoping provisions 
for accessible routes, entrances, and toilet facilities where the 
specific language for the exceptions for qualified historic buildings 
and facilities are found. Information has also been included in the 
advisory note to section 202.5 on the obligation of public entities 
that operate historic preservation programs to achieve program 
accessibility under the DOJ regulations.
203 General Exceptions
    Certain spaces are generally exempt from the guidelines, including 
construction sites (203.2), raised areas (203.3), limited access spaces 
(203.4), machinery spaces (203.5), single occupant structures (203.6), 
certain areas within detention and correctional facilities (203.7) and 
residential facilities (203.8), employee work areas (203.9), and 
various spaces within recreation and sports facilities (203.10 through 
203.14). These provisions have been editorially revised and renumbered 
in the final rule. Specifically, clarification has been added that 
exempt spaces ``are not required to comply with these requirements or 
to be served by an accessible route,'' which is more precise than the 
phrase in the proposed rule that such spaces ``are not required to be 
accessible.'' This is part of a global editorial revision to replace 
the term ``accessible'' throughout the text with more specific 
language. In addition, the reference in the exception at 203.5 to 
spaces frequented only by service personnel has been changed from 
``equipment spaces'' to ``machinery spaces,'' which was considered a 
more specific and accurate reference to the type of spaces covered by 
this exception. The Board's guidelines for recreation facilities 
contain exceptions for certain limited spaces within recreation and 
sports facilities that have been incorporated into the final rule. 
These exceptions address raised refereeing, judging, and scoring areas 
(203.10), water slides (203.11), animal containment areas (203.12), 
raised boxing and wrestling rings (203.13), and diving boards and 
platforms (203.14).
    Substantive changes are made to the exceptions for limited access 
spaces and employee work areas. The exception at 203.4 covers limited 
access spaces, such as those accessed by ladders, catwalks, crawl 
spaces, or very narrow passageways. A reference to ``tunnels'' has been 
removed from this list, as this term could apply to spaces intended for 
coverage, such as underground connections between buildings and 
pedestrian connections required to be

[[Page 44091]]

accessible in provisions for accessible routes (206.4.3).
203.9 Employee Work Areas
    Provisions for employee work areas in 203.9 require that accessible 
routes and accessible means of egress connect with employee work areas 
so that persons with disabilities can approach, enter, and exit the 
work area. Employee work areas are also subject to requirements that 
facilitate the provision of visual alarms. Specifically, employee work 
areas must meet accessibility requirements for:
     Circulation paths for common use within the area, except 
for those that are an integral part of equipment or that are located in 
work areas that are relatively small (i.e., less than 1,000 square 
feet) or fully exposed to the weather (206.2.8).
     Means of egress (207.1).
     Wiring systems to support later installation of visual 
alarms as needed where work areas have audible fire alarm coverage 
(215.2).
    There are limitations on the application of these requirements. 
Small work areas (i.e., less than 300 square feet in area) that need to 
be elevated at least seven inches due to the function of the space are 
not required to comply with any of these requirements. In addition, 
other provisions in section 203 exempt spaces or structures that may 
function as work areas, such as raised areas, limited access spaces, 
machinery spaces, and single occupant structures (203.3 to 203.6). 
Circulation paths within work areas that are not fully exempt from 
compliance are required to comply with specifications for accessible 
routes, but exceptions are provided for route widths and handrails in 
certain instances.
    This section differs from the proposed rule, which required a 
connecting accessible route to work areas for approach, entry, and 
exit, but which did not specifically address circulation paths within 
them or requirements for accessible means of egress. In addition, the 
proposed rule required visual alarms in employee work areas served by 
audible alarms.
    Access to employee work areas was the subject of considerable 
discussion and a host of questions posed by the Board in the proposed 
rule. The issues centered on whether, and to what degree, access should 
be expanded within such areas. The original ADAAG required access to, 
but not fully within, employee work areas since title I of the ADA 
generally treats access for employees with disabilities as an 
individual accommodation handled on a case-by-case basis. Consequently, 
the original guidelines distinguished spaces used only as employee work 
areas from public use and common use spaces, which are fully subject to 
access requirements. In effect, requirements in ADAAG stopped at the 
entry to work areas by requiring only that such spaces be on an 
accessible route so that persons with disabilities could approach, 
enter, and exit the space. Maneuvering space, including wheelchair 
turning space, was not required within the work area, and elements 
within used only by employees as part of their job responsibilities 
were not required to be accessible. Nor was access required to 
individual work stations within a work area.
    The ADAAG Review 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. Building and fire codes already require connecting 
paths of travel to work stations for purposes of emergency egress. In 
the advisory committee's view, 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. Further, 
the requirement for an ``accessible route'' to individual work 
stations, as opposed to access for ``approach, entry, and exit'' to 
work areas, was considered clearer and more easily interpreted.
    The Board, while committed to harmonizing the ADAAG requirements 
with the requirements of the model codes, was concerned about whether 
such a requirement would be workable in all employment settings. 
Consequently, the Board posed several questions in the proposed rule on 
the appropriateness and impact of requiring an accessible route to 
individual work stations.
    Comment. Many comments addressed access to work areas. The majority 
of comments were from people with disabilities who supported the 
recommendations of the ADAAG Review Advisory Committee to require an 
accessible route to all individual work stations. They stated that not 
providing an accessible route to all work stations would limit 
employment opportunities, make reasonable accommodation more difficult 
to implement, and exclude people with disabilities from interacting 
with other employees while in the workplace. The Board sought comment 
on what obstacles people with disabilities have encountered as a result 
of ADAAG requiring access only to work areas and not to individual work 
stations (Question 1). Responses to this question generally referred to 
employment or reasonable accommodation of persons with disabilities 
being made more difficult, although specific cases or instances were 
not detailed. The majority of comments against providing an accessible 
route to individual work stations came from organizations representing 
the business community. These comments considered the original ADAAG 
requirements to be more consistent with the intent of title I of the 
ADA and urged that they be retained. Increased costs and design impacts 
associated with greater access to work areas or individual work 
stations were generally cited as a concern.
    Response. The final rule preserves the general scope of coverage in 
the proposed rule and current ADAAG by applying requirements to work 
areas, as opposed to individual work stations. Enhanced specifications 
for circulation access in work areas will effectively provide access to 
individual work stations in various types of work areas. However, the 
Board has limited the requirements for circulation access to interior 
work areas that are 1,000 square feet or more in size in order to 
minimize the impact on facilities with small work areas.
    Comment. The Board requested comment on the impact of requiring 
access to ``individual work stations'' rather than to ``employee work 
areas'' (Question 2). Comments provided no clear consensus on this 
issue. People with disabilities stated that the impact would be minimal 
due to requirements in the model codes, a consideration shared by the 
ADAAG Review Advisory Committee. They also felt that not requiring 
access to individual work stations would limit their employment 
opportunities. The business community disputed the assertion that 
compliance with life safety codes would achieve an accessible route in 
all circumstances and noted that such a requirement would severely 
impact many small businesses.
    Response. The final rule requires that common use circulation paths 
within work areas satisfy requirements for accessible routes in section 
402. This will facilitate accommodation of employees, while recognizing 
constraints posed by certain work areas, including various types of 
equipment within. The final rule does not require full accessibility 
within the work area or

[[Page 44092]]

to every individual work station but does require that a framework of 
common use circulation pathways within the work area as a whole be 
accessible. This provision is generally consistent, but somewhat less 
stringent, than the requirements in the model building codes. In 
addition, exceptions to certain technical requirements for route width 
(403.5) and ramp handrails (405.8) are provided for circulation paths 
in certain work areas in order to prevent design conflicts.
    Comment. Information was requested in the proposed rule on specific 
types of individual work stations, not otherwise exempt in the 
guidelines, that could not be served by an accessible route (Question 
3). People with disabilities generally noted that all areas of a newly 
constructed building should be on an accessible route. Comments from 
industry mentioned various types of work stations that would not easily 
be served by an accessible route. These included press boxes, service 
bays, including grease pits in automotive centers, the employee side of 
check-out counters, compact restaurant kitchens, spot light towers, 
boom and other camera positions, cocktail bars, and lighting control 
booths.
    Response. The Board has added exceptions at 203.9 and 206.2.8 for 
work areas that are raised, small, exterior, or an integral part of 
equipment. Work areas that are less than 300 square feet that have to 
be elevated seven inches or more because it is essential to the space's 
function are exempt from provisions for work areas entirely. Other 
exceptions in section 203, such as those covering raised areas (203.3), 
limited access spaces (203.4), machinery spaces (203.5), and single 
occupant structures (203.6) would apply to some of the mentioned types 
of work stations. In addition, an exception to accessible route 
requirements has been provided for press boxes (206.2.7), which is 
further discussed below in section 206.
    Comment. The Board also sought information about whether the phrase 
``areas used only by employees as work areas'' has been misinterpreted 
or considered unclear, and if it should be clarified in the final rule 
to prevent misinterpretation (Question 4). People with disabilities 
wanted clarification that employee common use areas not used as work 
areas must be fully accessible and do not qualify for the limited level 
of access permitted for areas used only by employees as work areas. 
Comments from industry generally supported the interpretation of this 
phrase. The Board sought information about whether the term 
``individual employee work stations'' is sufficiently specific or if 
further clarification, qualification, or definition would be needed 
should a requirement be added to the final guidelines. Comments 
provided no clear consensus on this question.
    Response. ``Employee work area'' is defined as spaces or portions 
of spaces used only by employees for work. This definition, which has 
been retained in the final rule without change, notes that corridors, 
toilet rooms, kitchenettes, and break rooms are not employee work 
areas. A definition for individual employee work station has not been 
included as the term is not used in the final rule.
204 Protruding Objects
    Few comments were received on the scoping provision for protruding 
objects, which remains unchanged. Exceptions developed for sport 
activity areas and play areas in separate rulemakings on recreation 
facilities and on play areas are included in the final rule (204.1 
Exceptions 1 and 2).
205 Operable Parts
    The guidelines require operable parts on accessible routes and in 
accessible rooms and spaces to be accessible. Clarification has been 
added that operable parts on accessible elements are required to comply 
as well, which is consistent with technical provisions for various 
types of covered elements.
    In the final rule, exceptions to this provision have been added. 
Some have been relocated from the technical provisions for operable 
parts in section 309. Exceptions in 205.1 cover:
     Operable parts intended for use only by service or 
maintenance personnel (Exception 1).
     Electrical or communication receptacles serving a 
dedicated use (Exception 2).
     Certain outlets at kitchen counters (Exception 3).
     Floor electrical receptacles (Exception 4).
     HVAC diffusers (Exception 5).
     Redundant controls, other than light switches, provided 
for a single element (Exception 6).
     Boat securement devices (Exception 7).
     Exercise machines (Exception 8).
    The proposed rule contained an exception from the technical 
requirement that operable parts be within accessible reach ranges 
(309.3). This exception applied ``where the use of special equipment 
dictates otherwise or where electrical and communication system 
receptacles are not normally intended for use by building or facility 
occupants.'' Since such operable parts may merit exception from some of 
the other technical criteria in 309, the exception has been revised to 
exempt such equipment generally and has been relocated to the scoping 
provision in section 205. The original exception has been divided in 
separate parts covering different types of elements: operable parts 
intended only for use by service or maintenance personnel (Exception 
1); electrical or communication receptacles serving a dedicated use 
(Exception 2); and floor electrical receptacles (Exception 4).
    Three exceptions derive from provisions that were specific to 
residential dwelling units in the proposed rule (section 1102.9). They 
were relocated to section 205 and made generally applicable to all 
types of facilities. These cover certain outlets above kitchen 
countertops (Exception 3); HVAC diffusers (Exception 5); and redundant 
controls on elements other than light switches (Exception 6). This 
latter exception derives from exemptions in the proposed rule for range 
hood controls and controls mounted on ceiling fans in residential 
facilities. This exception has been broadened to cover other types of 
redundant controls, except light switches.
    Exceptions the Board developed in rulemaking on recreation 
facilities are included in the final rule. These exceptions permit 
cleats and other boat securement devices to be outside accessible reach 
ranges (Exception 7) and generally exempt exercise machines from 
requirements for controls and operating mechanisms, including reach 
range and operating force specifications (Exception 8).
206 Accessible Routes
    This section specifies the required number of accessible routes 
(206.2) and their location (206.3), and addresses elements on 
accessible routes such as entrances (206.4), doors, doorways, and gates 
(206.5), platform lifts (206.7), and security barriers (206.8).
    Section 206.2 specifies where accessible routes are required within 
a site, including their connection to accessible buildings, stories, 
spaces, and elements. In addition, there are provisions specific to 
restaurants and cafeteria dining areas, performance areas, press boxes, 
employee work areas, and various types of recreation facilities.
    Editorial revisions made to this section include:
     Clarification that ``at least one'' accessible route is 
required between facilities and public streets and sidewalks, parking, 
passenger loading

[[Page 44093]]

zones, and public transportation stops (206.2.1).
     Revising the requirement for accessible routes between 
floor levels as applying to ``multi-story'' facilities and ``stories'' 
within, as opposed to ``levels,'' the term used in the proposed rule 
(206.2.3, including the exceptions).
     Relocation of an exception for assembly areas in 206.2.3 
to 206.2.4 (Exception 2).
     Clarifying an exception for certain raised courtroom 
stations by adding specific references to the types of spaces covered 
(206.2.4 Exception 1).
     Incorporation of provisions for recreation facilities that 
address accessible routes to amusement rides (206.2.9), boating 
facilities (206.10), bowling lanes (206.11), court sports (206.12), 
exercise machines (206.13), fishing piers and platforms (206.14), golf 
facilities (206.15), miniature golf facilities (206.16), and play areas 
(206.17).
    Substantive changes, further discussed below, include:
     Modifying the exception for an accessible route in certain 
public facilities (206.2.3 Exception 2).
     A new exception for mezzanines in one story buildings 
(206.2.4 Exception 3).
     A new exception for dining areas in sports facilities 
(206.2.5 Exception 3).
     Revision of the requirement for accessible routes to 
performance areas (206.2.6).
     A new provision and exception for press boxes (206.2.7).
     A new provision and exceptions for employee work areas 
(206.2.8).
    Comment. Public facilities, which are defined as State and local 
government facilities, are permitted an exception from the requirement 
for access between stories (206.2.3, Exception 2). In the proposed 
rule, this exception pertained to public facilities that are less than 
three stories and are not open to the public if the level above or 
below the accessible level houses no more than five persons and is less 
than 500 square feet. Comments considered the limit based on occupant 
load to be sufficient and suggested that the square footage cap was 
unnecessary.
    Response. The 500 square foot maximum was based on a floor area 
allowance of 100 square feet per occupant, which is consistent with 
model building code requirements for business and industrial 
occupancies used in determining the occupant load for egress purposes. 
The Board agrees that the maximum occupant load is an effective cap on 
the size of buildings eligible for this exception. The square footage 
specification has been removed as a criterion of this exception.
    The Board has clarified requirements for vertical access to 
mezzanines. While elevators, where provided, must serve all stories, 
including mezzanines where provided, ADAAG has not been clear on 
whether some form of vertical access is nonetheless required to a 
mezzanine level where no elevator is provided, such as a one-story 
building. Since mezzanines are elevated at heights similar to a full 
story, access by ramp or certain platform lifts may not provide a 
practical alternative. The final rule includes an exception at 206.2.4, 
Exception 3 stating that an accessible route to mezzanines is not 
required in facilities that are not subject to the requirement for an 
elevator, including one story buildings and those that qualify for the 
elevator exemption.
    Comment. Designers called attention to dining areas integrated into 
the seating bowl of sports venues that are tiered in order to provide 
adequate lines of sight. These comments pointed out that it is 
difficult to provide accessible routes to much of the seating in such 
dining areas.
    Response. An exception is included in the final rule for tiered 
dining areas in sports facilities at 206.2.5, Exception 3. Under this 
exception, access is not required to all dining areas, as is otherwise 
required. Instead, 25% of the dining area is required to be accessible 
provided that accessible routes connect seating required to be 
accessible, and each tier is provided with the same services.
    Comment. The proposed rule required that an accessible route be 
provided where a circulation path ``directly connects'' seating and 
performance areas (206.2.6). Comments recommended that the accessible 
route should also directly connect such spaces to provide an equivalent 
level of access. Otherwise, it may be possible to provide access to 
performance areas through a more circuitous route and still be in 
compliance.
    Response. Clarification has been added that the accessible route 
``shall directly connect the seating area with the performance area'' 
where a circulation path is provided to do the same. This revision will 
ensure that the accessible route to a performance area is comparable to 
the general circulation route.
    Since ADAAG was first published, many questions have been received 
about its proper application to press boxes at various sports 
facilities, particularly high schools. Such structures, which can be 
prefabricated, are significantly elevated above ground. Some are 
located at the top of bleachers. As a result, their design and location 
have posed unique challenges to the provision of a connecting 
accessible route. In the final rule, the Board has addressed the 
concerns raised in many technical inquiries by providing an exception 
for press boxes at 206.2.7. Press boxes in assembly facilities are 
required to be on an accessible route except for certain bleacher-
mounted and free-standing types. An accessible route is not required to 
press boxes with 500 square feet or less of aggregate space that are 
located on bleachers with entrances on only one level (Exception 1). 
Free-standing structures are exempt if they are elevated more than 12 
feet and have an aggregate area that is 500 square feet or less 
(Exception 2).
    Section 206.2.8 establishes new provisions for employee work areas. 
The proposed rule required such areas to be on an accessible route so 
that people with disabilities could approach, enter, and exit the 
space. In the final rule, the Board has added a requirement that common 
use circulation paths, where provided within employee work areas, also 
be accessible by meeting the requirements for accessible routes in 
section 402. The basis for this change is discussed above under section 
203.9 (Employee Work Areas). This revision provides for greater 
maneuvering access within work areas but does not require elements or 
equipment that are part of a work station to comply with any other 
requirements. This requirement is limited to relatively sizable, 
interior work spaces. Exceptions are provided for small work areas that 
are less than 1,000 square feet in size (Exception 1), circulation 
paths that are an integral part of equipment (Exception 2), and 
exterior work areas that are fully exposed to the weather (Exception 
3).
    Section 206.4 covers entrances. Substantive changes include:
     Increasing scoping for public entrances (206.4.1).
     Removing a requirement for accessible ground floor 
entrances (206.4.3 in the proposed rule).
     Revision of provision for parking structure entrances 
(206.4.2).
    Editorial changes include reordering of provisions and the addition 
of requirements specific to transportation facilities (206.4.4) and 
residential dwelling units (206.4.6) that were previously located in 
chapters specific to those facilities. Scoping requirements for signs 
at entrances have been moved to the scoping for signs at section 216.
    Comment. The proposed rule specified that at least 50% of public 
entrances be accessible (206.4.3). Many persons with disabilities urged 
the

[[Page 44094]]

Board to increase this scoping so that they have equal access in terms 
of convenience, entry options, travel distances, and proximity to 
accessible parking. Some commenters argued that all public entrances 
should be accessible.
    Response. The minimum number of entrances required to be accessible 
has been increased from 50% to 60% in the final rule. While access to 
all entrances is desirable, a variety of conditions on a site can make 
access to every entrance difficult and costly. For example, facilities 
located on steep hillsides may have entrances elevated significantly 
above grade. However, this consideration, in the Board's view, is not 
as relevant to connections from parking structures. In final rule, the 
Board has required all pedestrian connections between parking 
structures and facility entrances to be accessible (206.4.2). This 
represents an increase from the proposed rule, which required only one 
to be accessible.
    Comment. The proposed rule required that at least one accessible 
entrance be a ground floor entrance (206.4.3). Commenters recommended 
that this stipulation be removed since the ground floor may not always 
be the primary floor. In such conditions, the provision would not 
enhance accessibility.
    Response. The requirement that at least one accessible entrance be 
a ground floor entrance has been removed in the final rule.
    Comment. Section 206.4.2 covers access to pedestrian connections 
between parking structures and facility entrances. In the proposed 
rule, this requirement referred to ``parking garages.'' Comments 
considered that term to be too narrow and recommended alternatives such 
as ``parking facilities.''
    Response. The reference to ``parking garage'' has been changed to 
``parking structure'' in the final rule.
    Section 206.5 provides scoping requirements for doors, doorways, 
and gates. Revisions include:
     Clarification of a provision covering doors and doorways 
in inaccessible transient lodging guest rooms in section 206.5.3 
(located at 224.1.2 in the proposed rule).
     Addition of a new exception from this requirement for 
shower and sauna doors (206.5.3, Exception).
    This section also includes a provision for doors and doorways in 
residential dwelling units (206.5.4) that has been relocated from 
Chapter 11.
    Comment. In transient lodging facilities, doors and doorways in 
inaccessible guest rooms are required to provide a clear width of at 
least 32 inches. This specification stems from the original ADAAG and 
is intended to afford some access to inaccessible guest rooms for 
visitation purposes. Clarification was requested on which types of 
doors this is intended to cover and whether it applies to shower doors.
    Response. In the final rule, clarification has been added in 
206.5.3 that the 32 inch minimum clearance applies to those doors 
``providing user passage'' into and within guest rooms not required to 
be accessible. In addition, the Board has added an exception that 
exempts shower and sauna doors in inaccessible guest rooms from this 
requirement. Corresponding changes have been made to a similar 
provision in the scoping section for transient lodging facilities 
(224.1.2).
    Scoping requirements for elevators in section 206.6 reference 
technical criteria for standard passenger elevators, destination-
oriented elevators, existing elevators that are altered, limited-use/
limited-application (LULA) elevators, and private residence 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. Limited-use/limited-application (LULA) elevators are 
typically smaller and slower than other passenger elevators and are 
used for low-traffic, low-rise installations, including residential 
facilities.
    Scoping provisions have been editorially revised to correspond to 
reorganized technical criteria in Chapter 4. Specifically, requirements 
for destination-oriented elevators and altered elevators have been 
integrated into the specifications for standard elevators (407). LULA 
elevators (408) and private residence elevators (409) are addressed in 
separate sections since their specifications vary considerably from the 
other elevator types. Scoping for private residence elevators (206.6, 
Exception 2) has been relocated from Chapter 11.
    Section 206.6 requires each passenger elevator to comply with the 
requirements for standard elevators or destination-oriented elevators. 
LULA elevators are permitted in those facilities that are exempt from 
the requirement for an elevator (206.6 Exception 1).
    Comment. Industry, facility operators, designers and some 
disability groups strongly supported LULA elevators as an alternative 
where a standard elevator is not required. Some comments from persons 
with disabilities opposed allowing use of LULA elevators over concern 
about their size and accessibility.
    Response. The ADA's statutory language exempts certain facilities 
from the requirement for an elevator. The Board has retained the 
exception permitting LULA elevators, since it offers a more economical 
alternative than a standard elevator and thus may help encourage 
inclusion of some vertical access where none is mandated. The technical 
criteria for LULA elevators specify minimum car sizes that ensure 
adequate accessibility. In addition, the Board has revised the 
exception to also allow LULA elevators as an alternative to platform 
lifts, since such elevators provide an equivalent, if not greater, 
degree of access.
    Comment. The 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). The 
Board sought comment on whether LULA elevators should be allowed 
instead of a standard elevator in certain small State or local 
government facilities. There were few comments in response to this 
question.
    Response. No changes have been made regarding LULA elevators that 
are specific to State and local government facilities. Any facility, 
regardless of whether it is a public or private facility, may be 
equipped with a LULA elevator if is not required to have an elevator. 
LULA elevators may also be used as a substitute for platform lifts.
    Comment. The guidelines require that when one elevator is altered, 
the same alteration has to be carried out for all elevators programmed 
to respond to the same hall call control (206.6.1). Commenters opposed 
this requirement as excessive and argued that it goes beyond the 
potential scope of an elevator alteration. Generally under the 
guidelines, the requirements apply only to the element to be altered 
and not those outside the intended scope of work (except for 
alterations to primary function areas and the requirement for 
accessible paths of travel).
    Response. This provision is unique in requiring an alteration to be 
replicated to corresponding elements (elevator cars) because it 
addresses an equally unique circumstance. Elevator users typically do 
not control which elevator will respond to a call. If one car is 
altered and as a result made accessible, it would make continuous 
access on that elevator a game of chance, with the

[[Page 44095]]

odds higher for each additional car responding to the call that is not 
similarly altered.
    Section 206.7 specifies where platform lifts can be installed. In 
new construction, platform lifts are permitted as a means of vertical 
access to certain spaces, including performance areas and speakers' 
platforms (206.7.1), wheelchair spaces in assembly areas (206.7.2), 
incidental spaces not open to the public that house no more than five 
persons (206.7.3), and various work spaces in courtrooms (206.7.4). In 
the final rule, provisions have been added that permit platform lifts 
where exterior site constraints make installation of a ramp or elevator 
infeasible (206.7.5) and in residential dwelling units and transient 
lodging guest rooms (206.7.6). Also included in the final rule are 
provisions developed in separate rulemakings on recreation and play 
facilities that permit platforms lifts to be used to provide access to 
amusement rides (206.7.7), play equipment and structures (206.7.8), 
team or player seating areas in sports facilities (206.7.9), and 
boating facilities, fishing piers, and fishing platforms (206.7.10).
    Comment. Comments suggested that the guidelines use the industry 
term ``platform lifts'' instead of ``wheelchair (platform) lifts.'' The 
recommended term does not suggest that such platforms are limited to 
people who use wheelchairs.
    Response. The term ``wheelchair (platform) lifts'' has been 
replaced with ``platform lifts'' throughout the document.
    Comment. Original ADAAG allowed use of platform lifts where ramps 
or lifts are infeasible due to existing site constraints (4.1.3(5), 
Exception 4(d)). This provision was not included in the proposed rule 
as it was considered unwarranted in new construction. Strong support 
was expressed for reinstating this exception, particularly among 
industry. These comments referred to conditions that could pose 
significant challenges to access in new construction.
    Response. The provision for existing site constraints has been 
reinserted in the final rule at section 206.7.5. It is intended to 
apply to instances where exterior site constraints posed by the 
topography make ramp or elevator access infeasible. Although the 
triggering condition (site constraints) must be exterior, the permitted 
platform lift may in fact be located in the interior of a building. 
This clarification is provided in an advisory note to this provision.
    Section 206.7.6 permits platform lifts in residential dwelling 
units and transient lodging guest rooms. The Board included this 
provision in the final rule since it considers lift access appropriate 
in such spaces.
    Section 206.8 requires that an accessible route or accessible means 
of egress be maintained where security barriers or check points are 
provided. It also requires that people with disabilities be able to 
maintain visual contact with their personal items to the same extent 
afforded others passing through barriers.
    Comment. The proposed rule specified that people with disabilities 
be able to maintain visual contact with their personal belongings while 
``passing though'' security barriers. Comments stated that the 
maintenance of visual contact should be ensured from the accessible 
route, which may not coincide with the route through barriers.
    Response. Clarification has been added that ``the accessible route 
shall permit persons with disabilities passing around security barriers 
to maintain visual contact with their personal items to the same extent 
provided others passing through the security barrier.''
207 Accessible Means of Egress
    Provisions for accessible means of egress are completely revised in 
the final rule. Provisions in the proposed rule were intended to be 
more consistent with model building codes and standards. In the final 
rule, the Board has taken this a step further by directly referencing 
the scoping and technical requirements in the International Building 
Code (IBC) for accessible means of egress. All technical criteria for 
accessible means of egress (409), including areas of refuge (410) have 
been removed in the final rule. Information on the IBC requirements for 
accessible means of egress is available on the Board's website at 
www.access-board.gov and in advisory notes.
    The proposed rule, consistent with model building codes and 
standards, specified at least one accessible means of egress for all 
accessible spaces and at least two accessible means of egress where 
more than one means of egress was required. In addition, it provided a 
new requirement for an evacuation elevator to be provided as an 
accessible means of egress in buildings with four or more stories above 
or below the exit discharge level, which is also consistent with model 
building codes.
    The proposed scoping provisions referenced technical criteria for 
accessible means of egress, including exit stairways and evacuation 
elevators (409). These specifications allowed 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. While typical 
elevators are not designed to be used during an emergency evacuation, 
there are elevators that are designed with standby power and other 
features in accordance with the elevator safety standard that can be 
used for evacuation. The proposed rule also provided requirements for 
areas of refuge, which are fire-rated spaces on levels above or below 
the exit discharge levels where people unable to use stairs can go to 
register a call for evacuation assistance and wait for it.
    Comment. Many comments supported the Board's overall effort to 
harmonize its guidelines with model building codes and life safety 
codes. Some considered this particularly important in specifications 
related to life and fire safety. To further underscore this effort, it 
was recommended that the Board directly rely on the International 
Building Code (IBC) in addressing accessible means of egress.
    Response. Historically, the Board's guidelines have ``piggybacked'' 
model building and life safety codes in addressing accessible means of 
egress, particularly for scoping purposes. The required number was 
specified according to the number of means of egress or exits required 
by model building codes. The IBC's scoping and technical requirements 
for accessible means of egress are substantively consistent with the 
provisions contained in the proposed rule. For purposes of 
harmonization and simplicity, the Board has replaced these provisions 
with a reference in section 207.1 to a specific section of the IBC 
(1003.2.13 in the 2000 edition and 1007 in the 2003 edition).
    Comment. In response to the draft final guidelines, the National 
Fire Protection Association (NFPA) urged the Board to reference its 
Life Safety Code (NFPA 101), a voluntary consensus code which contains 
scoping and technical provisions for accessible means of egress. NFPA 
requested that the final guidelines reference the 2000 edition of the 
Life Safety Code in addition to the IBC provisions for accessible means 
of egress.
    Response. Requirements for accessible means of egress in the IBC 
are consistent with those the Board has proposed. Further, they are 
provided in the IBC in a discrete section (1003.2.13), which the final 
guidelines specifically reference. Specifications for accessible means 
of egress in the Life Safety Code are provided throughout that 
document. Consequently, NFPA's request would require a reference to the 
complete Life

[[Page 44096]]

Safety Code. For this reason, the Board has retained its references to 
the IBC for accessible means of egress. The final guidelines do 
reference NFPA's National Fire Alarm Code (NFPA 72-1999) with respect 
to technical requirements for visual alarms, further discussed below in 
section 702.
    The Board had considered adding a provision, which was included in 
the draft of the final guidelines, that would have required accessible 
means of egress to be connected to the level of exit discharge by an 
accessible route. This would have been required except where the floor 
level is 30 inches or more above or below the level of exit discharge. 
In such cases, areas of rescue assistance would have been permitted in 
lieu of an accessible route to the level of exit discharge. The Board 
sought to incorporate a similar provision into the IBC. The IBC 
Committee on Means of Egress did not approve adding such a provision 
into the IBC. The IBC Committee and others believed that the rationale 
for areas of rescue assistance was relevant not just to the levels 
above and below the exit discharge level, but also to the level of exit 
discharge itself. The Board's provision recognized elevation 
differentials that would make connection by an accessible route very 
difficult even in new construction. This recognition, it was argued, 
should not be limited by a specific elevation change (i.e., 30 inches). 
For purposes of harmonization, the Board has removed this provision in 
the final rule.
    Comment. Comments suggested that situations should be addressed 
where accessible means of egress should be allowed to coincide, such as 
a space that provides few wheelchair spaces.
    Response. The final rule includes an exception acknowledging that 
accessible means of egress can share a common path of egress travel 
where this is permitted for means of egress by local building or life 
safety codes (207.1, Exception 1).
    In addition, the Board has retained in the final rule an exemption 
for detention and correctional facilities from the requirement for 
areas of refuge (Exception 2). This exception was provided because such 
areas are considered a security risk and evacuation is typically 
supervised in these types of occupancies.
    The Board has added a new provision specific to platform lifts. The 
proposed rule allowed accessible routes to serve as accessible means of 
egress, except for wheelchair lifts, which are not permitted as part of 
an 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. The final rule includes a provision 
that allows platform lifts with standby power to be part of an 
accessible means of egress where the IBC permits lift access (207.2). 
This change helps ensure that necessary accessible means of egress from 
spaces served by platform lifts are maintained in emergencies.
208 Parking Spaces
    Section 208 specifies the minimum number of parking spaces required 
to be accessible. In general, required access is determined by a 
sliding scale based on the total number of spaces provided (Table 
208.2). This section includes scoping requirements specific to hospital 
outpatient facilities (208.2.1), rehabilitation facilities and 
outpatient physical therapy facilities (208.2.2), residential 
facilities (208.2.3), and van spaces (208.2.4). Changes made in the 
final rule include:
     Removing an exception for ``motor pools'' (208.1, 
Exception).
     Clarifying scoping, including where multiple parking 
facilities are provided on a site (208.2).
     Clarifying requirements for parking at residential 
facilities (208.2.3).
     Increasing the portion of accessible spaces that 
accommodate vans (208.2.4).
     Relocation of requirements for signage to the scoping 
section on signs (216.5).
    Section 208.1 exempts spaces used exclusively for buses, trucks, 
other delivery vehicles, law enforcement vehicles, and vehicular 
impound where public access lots are provided with accessible passenger 
loading zones. The proposed rule included in this list a reference to 
``motor pools,'' which the Board has removed in the final rule.
    Comment. The scoping table in the proposed rule specified the 
minimum number based on the total number of parking spaces provided in 
a parking lot. Commenters indicated that this term could be construed 
as applying only to surface lots, even though the requirement is 
intended to apply to parking garages and other types of parking 
structures as well.
    Response. The Board has replaced the references to ``parking lots'' 
with the term ``parking facility,'' which is more inclusive of the 
various types of parking covered by this section.
    Comment. Persons with disabilities urged an increase in the number 
of parking spaces required to be accessible. Other commenters, 
including those representing facility operators, asked for a reduction 
in this number because existing accessible spaces are believed to be 
underutilized. Comments also opposed basing scoping on the number of 
spaces provided at each facility instead of the total number provided 
on a site, which further serves to inflate the required number of 
accessible spaces.
    Response. Scoping for accessible parking spaces (excluding the 
portion required to be van accessible) has not been changed in the 
final rule. A strong difference of opinion exists between those who use 
such spaces and those who must provide or maintain them. There was no 
clear consensus among commenters on either side of this issue on an 
alternative scoping level. Additionally, the final rule preserves the 
application of scoping on a facility-by-facility basis instead of on 
the total number provided on a site, consistent with the original ADAAG 
and the proposed rule. Clarification to this effect that was provided 
in an advisory note in the proposed rule has been added to the text of 
the requirement in 208.2.
    Parking at residential facilities is addressed in section 208.2.3. 
Where parking spaces are provided for each dwelling unit, at least one 
parking space for each accessible dwelling unit is required to be 
accessible (208.2.3.1). The Board has clarified this provision to apply 
``where at least one parking space is provided for each dwelling 
unit.'' At least 2% of any additional spaces, where provided, are 
required to be accessible as well (208.2.3.2). The Board has amended 
requirements for guest parking (208.2.3.3) to include employee spaces, 
which is consistent with the basic scoping provision applying generally 
to all facility types in 208.2.
    Comment. Section 208.2.4 covers van accessible spaces. The proposed 
rule specified that one of every eight accessible spaces, or fraction 
thereof, be designed to accommodate vans. Technical specifications for 
van spaces provide for a wider access aisle to better accommodate lift-
equipped vehicles. Many comments considered this number to be wholly 
insufficient. People with disabilities who use vans reported difficulty 
finding available van spaces which, when provided, are too often 
already occupied. Recommended alternate scoping levels varied, though 
some urged that all accessible spaces be van accessible.
    Response. The final rule has been revised to require one van space 
for every six accessible spaces, or fraction thereof. This change does 
not increase the total number of parking spaces required to be 
accessible, but instead increases the portion of such spaces that must 
be accessible to vans. The Board made this change due to several 
factors. In addition to the response from commenters, anecdotal 
information clearly suggests that the use of vans by

[[Page 44097]]

persons with disabilities is on the rise. In addition, the Board is 
aware of other entities, such as the State of Maryland, that have 
responded to this demand for more van spaces by doubling the required 
number. Another consideration is that van spaces are not designated or 
reserved exclusively for vans; their use by people who do not drive 
vans can impact their availability among accessible spaces. The primary 
difference between van spaces and standard accessible spaces is an 
additional three feet of aisle width. The technical specifications 
permit the additional space to be provided in either the aisle or the 
space. The Board believes that the impact of this change is lessened by 
technical requirements that allow two accessible spaces, including van 
spaces, to share the same aisle.
    The requirement for van spaces applies to all types of facilities, 
including those that are the subject of special provisions, such as 
hospital outpatient facilities (208.2.1), rehabilitation and physical 
therapy facilities (208.2.2), and residential facilities (208.2.3). In 
the proposed rule, the reference to rehabilitation and physical 
outpatient therapy facilities covered in 208.2.2 was inadvertently 
omitted. This reference has been restored in the final rule.
    Section 208.3 specifies the location of accessible parking spaces. 
This section has been edited to clarify:
     The location of accessible spaces generally (208.3.1).
     That an exception allowing van spaces to be clustered 
applies to ``multi-story'' parking facilities (208.3.1, Exception 1).
     That ``substantially equivalent'' or greater access in 
terms of travel distance, parking fee, and user cost and convenience is 
the basis upon which accessible spaces can be located in one facility 
instead of another (208.3.1, Exception 2).
     That accessible parking serving individual residential 
dwelling units must be located on the shortest accessible route to the 
units they serve (208.3.2).
    Comment. Spaces can be located in other lots where equal or greater 
access would result in terms of travel distance, user cost, and 
convenience (208.3.1, Exception 2). Comments requested clarification of 
the terms ``user cost'' and ``user convenience.''
    Response. In the final rule, the Board has replaced the reference 
to ``user cost'' with ``parking fee'' which it considered more 
descriptive. Under this exception, accessible spaces can be located in 
one parking facility instead of another so long as this does not result 
in higher parking fees. The Board has clarified the term ``user 
convenience'' in a new advisory note.
209 Passenger Loading Zones and Bus Stops
    In general, at least one accessible passenger loading zone is 
required for every 100 linear feet of loading zone space provided 
(209.2.1). Additional requirements address bus loading zones and bus 
stops (209.2.2 and 209.2.3), medical and long-term care facilities 
(209.3), valet parking (209.4), and mechanical access parking garages 
(209.5). Revisions have been made to:
     Clarify the basic scoping provision (209.2.1).
     Integrate requirements for bus loading zones and bus stops 
previously located in a separate chapter covering transportation 
facilities (209.2.2 and 209.2.3).
     Modify provisions specific to medical care and long-term 
care facilities (209.3).
     Address mechanical access parking garages (209.5).
    An accessible passenger loading zone is required for every 100 
linear feet of loading zone space provided. The Board has clarified in 
the final rule that this applies to ``fractions'' of this amount as 
well, which is consistent with the intent of this provision as 
proposed.
    The proposed rule addressed bus loading areas and bus stops in 
Chapter 10 (section 1002.2), which covered transportation facilities. 
With the integration of this chapter into the preceding chapters, the 
provisions for bus loading zones and bus stops have been incorporated 
into the general scoping provisions for passenger loading zones. This 
reorganization helps clarify that while these areas function as 
passenger loading zones, they are subject to different technical 
criteria. No substantive changes have been made to these requirements 
as part of this reorganization.
    Comment. Accessible passenger loading zones are required at 
licensed medical care and licensed long-term care facilities. The scope 
of this requirement was not clear to commenters who asked whether the 
reference to medical care facilities included doctors' and dentists' 
offices, clinics, and similar types of health care facilities.
    Response. The Board did not intend this provision to apply to 
medical facilities that do not generally provide overnight stay. In the 
final rule, this requirement is limited to those medical and long-term 
care facilities where the period of stay may exceed 24 hours. This 
change is consistent with original ADAAG's use of the term ``medical 
care facility'' and corresponds with a similar revision made to scoping 
provisions for patient bedrooms in such facilities in section 223. In 
addition, the Board has clarified that this provision applies only to 
long-term care facilities that are licensed.
    Comment. It was recommended that the guidelines address mechanical 
conveyances used to elevate vehicles to different levels of parking 
facilities. Comments pointed out that model building codes cover 
facilities providing these vehicle lifting devices.
    Response. The final rule includes a provision for ``mechanical 
access parking garages'' that requires accessible passenger loading 
zones at the vehicle drop-off and pick-up areas. This requirement is 
consistent with model building codes.
210 Stairways
    Stairs that are part of a means of egress are required to comply 
with the guidelines (210.1). Exceptions are provided for certain stairs 
in detention and correctional facilities and altered stairs. The final 
rule modifies the exception for altered stairs (Exception 2), adds a 
new exception for aisle stairs in assembly areas (Exception 3), and 
incorporates an exception for play components developed in previous 
rulemaking on play areas (Exception 4).
    Comment. In altered facilities, stairs serving levels that are 
connected by an accessible route do not have to comply, but must be 
equipped with complying handrails. Comments indicated that this 
requirement should apply only where an alteration affects stairs. 
Otherwise, the requirement for complying handrails should not apply.
    Response. The requirement for complying handrails was intended to 
apply only where stairs are modified or replaced as part of an 
alteration. Clarification has been added in the final rule that the 
requirement for complying handrails applies ``when the stairs are 
altered.''
    Comment. The International Building Code and other model building 
codes provide various exceptions for stairs in assembly areas to permit 
design features used to accommodate sight lines. Such features include 
unique riser and tread dimensions and handrail configurations. Comments 
indicated that an exception should similarly be provided in the 
guidelines to avoid conflict with model building codes.
    Response. The final rule exempts aisle stairs in assembly areas 
from the requirements for stairs.

[[Page 44098]]

211 Drinking Fountains
    In addressing drinking fountains, the guidelines cover access for 
people who use wheelchairs and access for standing persons who may have 
difficulty bending or stooping. Where provided, 50% of drinking 
fountains are required to be wheelchair accessible and 50% are required 
to be accessible to standing persons (with rounding up or down 
permitted in the case of odd numbers). Generally, this requires at 
least two units in order to provide such access. However, single units 
that provide dual access, such as those equipped with two spouts or 
combination high-low types, can substitute for two separate units. 
Scoping requirements apply where drinking fountains are provided on 
exterior sites, on floors, and within secured areas.
    This section has been editorially revised for clarity and 
substantively revised in several respects:
     References to ``water coolers'' have been removed (211).
     The application of scoping to exterior sites has been 
clarified (211.1).
     An exemption for secured areas in detention and 
correctional facilities has been added (211.1, Exception).
    The proposed rule scoped both drinking fountains and water coolers. 
The term ``water coolers'' typically refers to units that are either 
identical to drinking fountains or to furnishings that are not fixed or 
plumbed. The reference to water coolers was removed.
    Comment. Many comments considered this section unduly complicated 
and obscure in potentially requiring at least two units where drinking 
fountains are provided. Commenters also opposed specific recognition of 
``high-low'' units as an alternative to two separate units since other 
types, such as single bowl units with two spouts, are commercially 
available.
    Response. Section 211 has been editorially revised to enhance 
clarity. Section 211.2 now states that ``no fewer than two drinking 
fountains shall be provided'' with one being wheelchair accessible and 
the other designed to accommodate people who have difficulty bending or 
stooping. Single units that provide both types of access are permitted 
as an alternative to multiple installations (211.2 Exception). Where 
fractions result (i.e., provision of an odd number of units), rounding 
up or down is permitted.
    In the final rule, scoping has been clarified as applying to units 
provided at ``exterior sites,'' in addition to those installed on 
floors. For example, if drinking fountains are provided outside a 
building and on each of its floors, then dual access must be provided 
at exterior locations and on each floor. If drinking fountains are 
provided on one floor only, then the requirement for dual access would 
apply only to that floor.
    Scoping is also applied to ensure dual access in secured areas of 
facilities, such as prisons and jails since circulation among occupants 
may be restricted to such an area. In the proposed rule, technical 
criteria applicable to detention and correctional facilities required 
wheelchair access to drinking fountains serving accessible housing or 
holding cells (section 807.2.4 in the proposed rule). However, the 
basic scoping in section 211 would have applied equally to detention 
and correctional facilities, including the requirement for units 
designed to accommodate people who have difficulty bending or stooping. 
In the final rule, an exception has been added to clarify that drinking 
fountains serving inaccessible cells only are not required to be 
accessible (211.1, Exception). Those units that serve accessible cells 
are required to be accessible as required in section 211.
212 Sinks, Kitchens, and Kitchenettes
    Scoping provisions in section 212 require access to kitchens and 
kitchenettes, where provided. Where sinks are provided in each 
accessible room or space, at least 5% of each type, but no less than 
one, must be accessible, except for mop or service sinks, which are 
exempt.
    Comment. In the proposed rule, this scoping section referenced 
``wet bars'' along with kitchens and kitchenettes. Comments, including 
those representing the hotel and motel industry, considered this 
reference to be unnecessary since such elements are adequately covered 
through references to kitchenettes and sinks. The term ``wet bar'' 
could pose a source of confusion since the guidelines do not provide a 
definition or specific technical criteria for such elements.
    Response. The reference to ``wet bars'' has been removed in the 
final rule.
    The proposed rule provided several exceptions which clarified that 
access to kitchens and kitchenettes is not required in inaccessible 
medical care patient rooms, transient lodging guest rooms, dwelling 
units, or housing cells (212.1.1, Exceptions 1 though 4). These 
exceptions have been removed as unnecessary since scoping elsewhere in 
Chapter 2 indicates the number of rooms, units, and cells required to 
be accessible. Those not scoped are not required to be accessible. 
Thus, none of the provisions in the guidelines, including those for 
kitchens, would apply to rooms, units, and cells not required to be 
accessible, unless otherwise indicated.
213 Toilet Facilities and Bathing Facilities
    Section 213 covers access to toilet and bathing facilities, 
including elements and fixtures they contain. Access is required where 
toilet and bathing facilities are provided, though exceptions are 
provided for certain altered facilities, including qualified historic 
facilities, single user rooms, and portable units clustered at a single 
location (213.2, Exceptions 1 through 4).
    Substantive changes include an increase in the number of toilet 
rooms clustered at a single location required to be accessible and 
revision of criteria for unisex toilet and bathing rooms.
    Comment. Where single user toilet rooms are clustered at a single 
location, not all are required to be accessible (213.2, Exception 4). 
In the proposed rule, this exception specified access to at least 5% of 
such toilet rooms. This reduced scoping was limited to those toilet 
rooms containing fixtures provided in excess of the number required by 
the local plumbing or building code. Comments from people with 
disabilities strongly opposed this reduction in access from the 
original ADAAG, which required all to be accessible. Commenters felt 
that this would severely limit choice and availability of accessible 
toilet rooms at such locations. Some urged that all toilet rooms 
clustered at a location should be required to be accessible.
    Response. The exception has been modified to allow only half of the 
toilet rooms clustered at a single location to be inaccessible. This 
will enhance choice and availability of accessible toilet rooms while 
still providing a considerable reduction in the amount required to be 
accessible relative to the original ADAAG. As revised in the final 
rule, this scoping is not limited to situations where the fixture count 
required by the local plumbing or building code is exceeded. Thus, the 
50% scoping would apply across the board to facilities clustered at a 
single location without regard to the required fixture count. The Board 
made this change in order to facilitate compliance.
    Comment. Comments advised revising requirements for unisex toilet 
and bathing rooms for greater consistency with model building codes. 
Recommendations also noted that unisex facilities are also referred to 
as ``single use'' or ``family'' toilet and bathing rooms in some codes.
    Response. The requirements for unisex facilities have been revised

[[Page 44099]]

according to specifications in the model building codes (213.2.1). 
Unisex toilet rooms must have a lavatory and privacy latch and cannot 
have more than two toileting fixtures (i.e., two water closets, or one 
water closet and one urinal). This differs from the proposed rule which 
required unisex toilet rooms to have one water closet. Unisex bathrooms 
must have a lavatory, water closet, privacy latch, and one shower, and 
may have a tub in addition to a shower. The proposed rule permitted 
either a shower or tub. The final rule also includes a reference 
indicating that unisex toilet and bathing rooms are also known as 
``single use or family'' facilities.
    Editorial revisions made to the scoping provisions for toilet and 
bathing facilities include:
     Clarification of the requirement that toilet and bathing 
facilities be provided on an accessible story in facilities exempt from 
the requirement for an elevator where toilet and bathing facilities are 
provided (213.1).
     Relocation of requirements for signs (213.2.2 in the 
proposed rule) to the signage scoping section (216.8).
     Removal of exceptions for toilet and bathing rooms serving 
inaccessible patient rooms, guest rooms, dwelling units, and cells 
(213.2, Exceptions 5 through 8 in the proposed rule).
    The proposed rule provided several exceptions which clarified that 
access is not required to toilet and bathing facilities serving 
inaccessible medical care patient rooms, transient lodging guest rooms, 
dwelling units, or prison and jail cells (213.2, Exceptions 5 through 
8). Similar to corresponding exceptions for kitchens and kitchenettes 
in 212, these exceptions have been removed as unnecessary since scoping 
elsewhere in Chapter 2 indicates the number of rooms, units, and cells 
required to be accessible. Those not scoped are not required to be 
accessible, including toilet and bathing facilities serving them.
    Section 213.3 addresses plumbed fixtures and accessories. 
Substantive changes have been made to scoping provisions for ambulatory 
accessible toilet compartments (213.3.1) and urinals (213.3.3).
    Comment. The proposed rule, consistent with the original ADAAG, 
required that access for people who are ambulatory be provided, in 
addition to wheelchair accessible compartments, in toilet rooms with 
six or more toilet compartments. Ambulatory accessible stalls feature 
parallel grab bars on both sides and a self-closing door and are 
designed to accommodate people who may have difficulty walking, 
sitting, or rising. Comments pointed to a disparity in the application 
of this requirement between men's and women's rooms since the provision 
is triggered by the number of compartments without taking into account 
urinals. The number of toilet compartments in a men's rooms may be 
lower than in a women's rooms due to the provision of urinals.
    Response. The requirement for ambulatory accessible compartments 
has been revised so that it applies equitably between men's and women's 
rooms (213.3.1). The provision has been modified to apply where six or 
more toilet compartments are provided or where ``the combination of 
urinals and water closets totals six or more fixtures.''
    Comment. Where urinals are provided, the proposed rule specified at 
least one to be accessible. Comments, particularly those from industry, 
urged that this requirement be removed. Some comments questioned the 
degree to which men with disabilities use or prefer urinals over water 
closets. Several comments indicated that some building codes have been 
revised to permit stall-type urinals, which can facilitate the emptying 
of leg bags.
    Response. The Board believes that access to urinals should be 
required to preserve a degree of choice in the type of toilet fixtures 
available. However, the scoping requirement has been revised to apply 
where more than one urinal is provided. Thus, accessible urinals are 
not required in toilet rooms equipped with one urinal.
    Editorial changes made to scoping provisions in 213.3 for plumbed 
fixtures and accessories include:
     Removing as unnecessary the distinction between toilet 
compartments and toilet rooms in scoping accessible water closets 
(213.3.1, 213.3.2).
     Clarifying the prohibition on accessible lavatories being 
placed in toilet compartments (213.3.4).
     Removing references to operable parts dispensers, and 
receptacles, as such elements are generally covered by scoping in 205 
(213.3.6 in the proposed rule).
     Relocation and modification of a scoping provision for 
coat hooks and shelves in toilet and bathing rooms and toilet 
compartments (213.3.7).
    Comment. At least one accessible lavatory is required in toilet and 
bathing rooms. This required accessible lavatory cannot be located in a 
toilet compartment. Comments agreed with this provision, but requested 
that it be restated more clearly in the final rule.
    Response. The provision has been revised for purposes of clarity to 
state that where lavatories are provided, at least one shall be 
accessible ``and shall not be located in a toilet compartment.''
    Section 213.3.7 addresses coat hooks and shelves provided in 
accessible toilet rooms, toilet compartments, and bathing facilities 
and references corresponding technical criteria for such elements in 
these spaces. This provision has been relocated for clarity from the 
scoping section covering storage (208). In the proposed rule, this 
provision at 228.4 required such access only if coat hooks and shelves 
were provided in inaccessible toilet rooms or toilet compartments. This 
has been revised in the final rule as applying where such elements are 
provided without regard to inaccessible rooms and compartments.
214 Washing Machines and Clothes Dryers
    No substantive changes have been made to scoping requirements for 
washing machines and clothes dryers. Editorial changes made to this 
section include changing the section's title from ``Laundry Equipment'' 
to ``Washing Machines and Clothes Dryers'' for consistency with the 
references used in the scoping provisions.
215 Fire Alarm Systems
    Section 215 covers fire alarms, which are required to comply where 
audible fire alarms are provided. Provisions are included that are 
specific to public use and common use areas (215.2), work areas 
(215.3), transient lodging guest rooms (215.4), and residential 
dwelling units (215.5).
    Substantive changes made in the final rule concern existing 
facilities, work areas, and other types of emergency alarm systems. 
Editorial changes include the addition of references to transient 
lodging facilities and residential dwelling units, which are subject to 
specific requirements for fire alarms in other scoping provisions in 
sections 224 and 233, respectively.
    Fire alarm systems required to be accessible must have visual 
appliances which serve people who are deaf or hard of hearing. The 
advisory committee had recommended an exception that would require 
visual appliances in alterations only where a fire alarm system is 
upgraded or replaced or a new system installed. Such an exception would 
recognize that fire alarms are often complex building-wide systems that 
cannot necessarily be brought into compliance with requirements for 
visual appliances on a piecemeal basis. The Board had not included this 
exception in the proposed rule because it considered the basic 
application provisions for alterations in section 202.3 to be 
sufficient. In general, these

[[Page 44100]]

provisions apply requirements of the guidelines according to the scope 
of an alteration to the degree that compliance is ``technically 
feasible.'' The Board has reconsidered this decision and has included 
an exception in the final rule for consistency with the International 
Building Code and the National Fire Protection Association code (NFPA 
72). The exception clarifies that alterations affecting fire alarm 
systems partially, or in a limited manner, do not trigger requirements 
for visual appliances (215.1, Exception). However, alterations that 
involve the upgrade or replacement of an existing alarm system or the 
installation of a new system are subject to the requirements for visual 
alarms.
    The Board intends the exception at 215.1 to be applied in the same 
manner and to have the same meaning as is common practice in a similar 
exception provided in the model codes upon which this exception is 
based. Upgrades to the fire alarm system are changes to the system 
infrastructure and are not changes to individual system components. For 
example, replacing the main fire alarm control panel which permits fire 
alarms to be better integrated with other building systems or with off-
site monitoring services would be considered an upgrade to the fire 
alarm system. In addition, replacing or increasing the main power 
supply to the fire alarms would be an upgrade to the fire alarm system. 
However, adding or relocating individual visible or audible 
notification devices is not an upgrade to the system.
    Comment. The proposed rule included a requirement for visual alarms 
in employee work areas that are served by audible alarms (203.3). 
Employee work areas are exempt from most other requirements in the 
guidelines under an exception at 203.9. In order to gauge the impact of 
this requirement, the Board posed several questions that sought comment 
on: how frequently alarm systems are typically replaced or upgraded in 
such a manner that the requirement would be triggered in existing 
facilities (Question 5), other alternatives that would provide a 
comparable level of life safety for employees who are deaf or hard of 
hearing (Question 6), and limiting the number of visual appliances for 
the benefit of people who have photosensitive epilepsy (Question 7). 
Comments indicated that alarm systems are typically replaced on a 10-15 
year cycle. However, some indicated that the electrical service 
supporting the alarms is not necessarily replaced or upgraded when 
alarms systems are, which may preclude opportunities to easily add more 
appliances to the system as part of the work. Responses on alternative 
methods included low tech suggestions such as pagers, a buddy system, 
and other solutions that involve non-fixed elements or operational 
methods and are thus outside the scope of these guidelines. Many people 
who have photosensitive epilepsy and organizations representing them 
acknowledged that visual alarms are necessary in public use and common 
use areas but urged the Board to treat employee work areas differently. 
These commenters expressed concern that visual appliances in employee 
work areas could pose barriers to the employment of people who have 
photosensitive epilepsy. Activation of visual appliances in work areas 
on an as-needed basis does not provide a practicable solution as most 
codes, standards, and local laws prohibit deactivation of fire alarm 
appliances.
    Response. The Board has removed the requirement for visual alarms 
in employee work areas. Instead, the final rule only requires that work 
areas be designed so that compliant visual appliances can be integrated 
into the alarm system (215.3). This provision, which applies only where 
work areas have audible alarm coverage, will facilitate accommodation 
of employees who are deaf or hard of hearing as required under title I 
of the ADA. The specification does not require electrical service to 
support wiring for visual appliances throughout all employee work 
areas. The specification merely requires that the wiring be placed so 
that it can be tapped into from the location of employee work areas. 
The Board believes that the surplus electrical service typically 
provided should be sufficient for the incidental installation of visual 
alarms.
    Comment. The Board proposed covering 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. The proposed requirement (215.2 
in the proposed rule) specified audible and visible signals but did not 
reference any specific technical criteria, including any addressing 
placement or photometric characteristics. Instead, the Board sought 
comment on what these characteristics should be, particularly where 
differentiation from fire alarm system signals is important (Question 
9). Many commenters supported ensuring that such alarm systems are 
accessible to people who are deaf or hard of hearing, but no 
information was received on appropriate technical specifications for 
guidelines that are national in scope.
    Response. The scoping requirement for other types of alarms has 
been removed in the final rule. The Board did not want to scope an 
element absent reliable technical specifications. The Board will 
consider bringing this matter to the attention of international model 
codes and standards organizations in the future.
216 Signs
    Scoping requirements for signs cover room designations (216.2) and 
directional and informational signs (216.3). The guidelines also 
include provisions specific to certain elements and spaces, including 
parking, entrances, means of egress, and toilet and bathing rooms. In 
the proposed rule, these requirements were located at the scoping or 
technical sections covering the elements and spaces. In the final rule, 
all scoping requirements specific to signs have been localized in 
section 216.
    Section 216.1 exempts certain types of signs, including building 
directories, menus, building names, temporary signs, and signs provided 
in non-public use spaces of prisons and jails. In the proposed rule, 
these exceptions were listed separately among provisions for room 
designations and directional or informational signs. For simplicity, 
they have been relocated as exceptions to the general scoping provision 
(216.1) which exempts them from this section entirely. In addition, the 
final rule includes new exceptions for:
     Seat and row designations in assembly areas (Exception 1).
     Occupant names (Exception 1).
     Company names and logos (Exception 1).
     Signs in parking facilities (Exception 2).
    The Board included exceptions for occupant names, and company names 
and logos, which is consistent with its interpretation of the original 
ADAAG provisions and the intent of the proposed rule. These added 
exceptions clarify that the names of stores in shopping malls, building 
names, and similar types of signs are exempt from these requirements. A 
new exception exempts signs in parking facilities from compliance with 
the signage provisions of section 216 except those covering means of 
egress (216.4) and designation of accessible parking spaces (216.5).
    Comment. Commenters requested that seat and row designations in 
assembly areas be exempt from the requirements for signage. It was also 
suggested that an exemption be provided for signs in

[[Page 44101]]

parking facilities which are intended for use by vehicle drivers.
    Response. An exception has been included in the final rule for seat 
and row designations and signs in parking facilities.
    Comment. Comments requested clarification on what constitutes a 
``temporary'' sign.
    Response. The Board has interpreted this reference, which is 
included in the original ADAAG, as pertaining to signs that are posted 
for a short duration. For greater clarity, the Board has described 
temporary as ``seven days or less'' in the final rule.
    Section 216.2 covers designations of permanent rooms and spaces, 
including pictograms provided as part of such signs. These types of 
signs are required to be tactile through the provision of braille and 
raised characters. This provision has been editorially revised and 
simplified in the final rule, though its application remains basically 
unchanged. For example, the term ``permanent'' as a descriptor of the 
types of designations covered has been removed as unnecessary since 
opposite types (``temporary'') are exempted.
    Comment. Some comments considered the scoping provision for room 
designations difficult to understand.
    Response. In the final rule, requirements for designations in 
section 216.2 have been simplified without substantive change.
    Information and directional signs are addressed by 216.3. These 
types of signs are not required to be tactile but are subject to 
requirements for visual legibility and contrast. Signs providing 
direction to or information about interior spaces and facilities are 
required to comply. In the final rule, the Board has removed 
``permanent'' as a descriptor of the type of rooms and facilities 
covered in this provision.
    Various signage requirements specific to certain spaces and 
elements have been relocated for simplicity and ease of reference to 
section 216. These provisions include:
     216.4 Means of Egress (from 207.3, 410.7, 410.8).
     216.5 Parking (from 208.3).
     216.6 Entrances (from 206.4.8).
     216.7 Elevators (from 407.5.7).
     216.8 Toilet Rooms and Bathing Rooms (from 213.2.2 and 
213.2, Exception 4).
     216.9 TTYs (from 217.4.9).
     216.10 Assistive Listening Systems (from 219.4).
     216.11 Check-Out Aisles (from 227.2.1).
     216.12 Amusement Rides (incorporated from guidelines 
previously issued for recreation facilities).
    Substantive changes have been made to provisions for means of 
egress, parking, assistive listening systems, and check-out aisles.
    Section 216.4 provides specific requirements for means of egress, 
including exit doors, areas of refuge, and directional signs. The 
proposed rule required tactile signs at exit doors and provided 
specific requirements for areas of refuge and directional signs. These 
specifications are substantively revised in the final rule. The 
requirement for exit doors (216.4.1) has been clarified as applying to 
``doors at exit passageways, exit discharge, and exit stairways.'' In 
the final rule, scoping requirements for means of egress and areas of 
refuge have been revised to reference provisions in the International 
Building Code (IBC) as discussed above in section 207. Corresponding 
changes have been made to signage requirements for areas of refuge 
(216.4.2) and directional signs (216.4.3) which now reference the 
respective IBC signage specifications for scoping. Such signs must be 
provided where required by the IBC but are subject to technical 
specifications in these guidelines at section 703.
    Accessible parking spaces are required to be designated by the 
International Symbol of Accessibility according to 216.5. This 
provision was located at 208.3 in the proposed rule. Exemptions are 
provided for small lots (Exception 1) and spaces individually assigned 
to residential dwelling units (Exception 2). Under the first exception, 
accessible spaces in lots with four or fewer spaces are not required to 
be identified as accessible (i.e., reserved solely for use by people 
with disabilities). This exception is intended to mitigate the impact 
of a reserved space in very small lots and stems from model building 
codes. In the final rule, the scope of this exception was revised by 
changing the maximum lot size eligible for it from five to four. The 
exception for residential dwelling unit spaces has not been changed.
    Comment. The proposed rule removed a requirement that the access 
designation for van parking include the term ``van accessible'' to 
clarify that both car and van drivers can use such spaces, as was the 
original intent of ADAAG. Many comments strongly opposed this change. 
While some may have misinterpreted it as removal of the requirement for 
van accessible spaces, others considered this designation important in 
encouraging car drivers to use other accessible spaces over those 
designed to accommodate vans.
    Response. The final rule restores the requirement for van spaces to 
be designated as ``van accessible,'' which is provided in the technical 
criteria for parking (502).
    Comment. Signs are required to indicate the availability of 
assistive listening systems, which are required in certain assembly 
areas (216.10). In the proposed rule, such signs were required at 
ticket offices and windows. Comments pointed out that some assembly 
areas subject to this requirement may not have ticket offices or 
windows.
    Response. In the final rule, the requirement has been revised to 
require signs for assistive listening systems at each assembly area 
required to provide an assistive listening system, but an exception 
allows such signs to be located at a ticket office or window instead, 
where provided.
    Comment. Section 216.11 requires identification of accessible 
check-out aisles. The proposed rule required that this identification 
be placed in the same location as the identifying number or type of 
check-out aisle. Commenters noted that not all check-out aisles are 
distinguished by numbers. They recommended that the guidelines should 
be revised to ensure access to each type of aisle serving a different 
function, such as express aisles or cash-only aisles.
    Response. The requirement for identification of check-out aisles 
has been revised to require that accessible designations be located in 
the same area as the number, letter, or function identifying the check-
out aisle. The proposed rule required that accessible designations are 
not required where ``all check-out aisles in the facility are 
accessible.'' This provision, which is reformatted as an exception in 
the final rule, has been revised to apply where ``all check-out aisles 
serving a single function'' are accessible.
217 Telephones
    Access to telephones is covered for people who use wheelchairs and 
those who are deaf or hard of hearing. Scoping applies to various 
public telephones, including coin and coin-less pay telephones, closed-
circuit telephones, courtesy phones, and other types of public 
telephones (217.1). Provisions are provided for wheelchair access 
(217.2), volume controls (217.3), and TTYs (217.4), which are devices 
that enable people with hearing or speech impairments to communicate 
through the telephone. Revisions made in finalizing the guidelines 
include:
     Clarifying coverage of courtesy phones (217.1).

[[Page 44102]]

     Applying requirements for wheelchair accessible telephones 
to exterior sites (217.2).
     Adding an exception for drive-up public telephones 
(217.2).
     Increasing scoping for volume controls on public 
telephones (217.3).
     Clarifying the application of TTY scoping requirements to 
exterior sites (217.4.4).
     Incorporating requirements for transportation facilities, 
including rail stations and airports, that were previously located in 
Chapter 10 (217.4.7).
     Relocating TTY signage requirements from 217 to the 
signage scoping section (216.9).
    Comment. Section 217.1 lists various types of public telephones 
covered by this section. Commenters requested that courtesy phones be 
addressed along with other types of public phones.
    Response. The Board has interpreted the reference to ``public 
telephones'' as including courtesy phones but has included a specific 
reference to them in 217.1 so that their coverage is clear. Such phones 
are subject to requirements for wheelchair access and volume controls, 
but they are not covered by TTY requirements, which apply only to 
public pay telephones.
    Comment. Some commenters seemed unclear on whether requirements for 
wheelchair access applied to exterior installations.
    Response. Scoping for wheelchair access in 217.2 was intended to 
cover interior and exterior public telephones. As proposed, this 
provision required access to at least one telephone on a floor or level 
and, where multiple banks are provided, each bank. In the final rule, 
the Board has added clarification that the requirements for wheelchair 
accessible phones apply to exterior sites, in addition to floors and 
levels.
    Comment. Comments to the draft of the final guidelines noted that 
some public telephones are intended for use only from vehicles and 
recommended that they be exempt from the requirements for wheelchair 
access.
    Response. An exception has been added in the final rule that 
exempts drive-up-only public telephones from the requirements for 
wheelchair access (217.2, Exception).
    Comment. Comments from persons who are hard of hearing sought an 
increase in the number of phones required to have volume control. The 
proposed rule specified a minimum of 25%, but many urged that all 
public phones should have volume control.
    Response. In the final rule, all public telephones are required to 
be equipped with volume control instead of 25%, as was proposed. This 
is consistent with other Board guidelines and standards covering access 
to telecommunications products and electronic and information 
technology. Section 255 of the Telecommunications Act of 1996,\16\ a 
comprehensive law overhauling regulation of the telecommunications 
industry, requires telecommunications products and services to be 
accessible. The Board was assigned responsibility to issue guidelines 
pursuant to section 255, which are known as the Telecommunications Act 
Accessibility Guidelines.\17\ These guidelines require all public 
telephones to be equipped with volume controls. A similar requirement 
is contained in standards \18\ the Board issued under section 508 of 
the Rehabilitation Act of 1973, as amended,\19\ which requires access 
to electronic and information technology developed, procured, 
maintained, or used by Federal agencies. Since all new phones are to be 
equipped with volume controls, the requirement for identifying signage 
(a specified pictogram featuring a handset with radiating sound waves) 
has been removed.
---------------------------------------------------------------------------

    \16\ 47 U.S.C. 153, 255.
    \17\ 36 CFR part 1193.
    \18\ 36 CFR part 1194.
    \19\ 29 U.S.C. 794 (d).
---------------------------------------------------------------------------

    General scoping for TTYs in 217.4 includes provisions specific to 
floors, buildings, and exterior sites and distinguishes between private 
and public facilities. 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 an exterior 
site, a TTY is required at each such location. A lower threshold is 
provided for public buildings (i.e., State and local government 
facilities) where one pay telephone on a floor or within a public use 
area of a building triggers the requirement for a TTY. In the final 
rule, the Board has clarified references to ``site'' as being specific 
to ``exterior sites'' to avoid confusion that may arise since the term 
``site,'' by itself, can be read to include the buildings on a site. 
This change helps clarify that TTY scoping requirements for exterior 
installations is to be satisfied independently from those applicable to 
interior locations.
218 Transportation Facilities
    Section 218 provides requirements for rail stations, fixed guideway 
systems, bus shelters, and other transit facilities, such as airports. 
These provisions are based on requirements located in Chapter 10 in the 
proposed rule. They have been relocated without substantive change from 
the technical section to this section as they scope specific technical 
provisions. These technical provisions are now located in section 810.
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 applies whether or not audio amplification 
is provided. Section 219.3 specifies the minimum number of receivers 
according to a sliding scale based on the seating capacity of the 
assembly area.
    Comment. Facility operators urged the Board to lower the required 
number of receivers because, in their view, the vast majority of 
provided receivers go unused. This is especially true at facilities 
with multiple assembly areas, such as multi-screen movie theaters, 
where receivers are provided for each assembly area.
    Response. In the final rule, the Board has clarified that the 
minimum number is to be based on each assembly area. Thus, where a 
facility has multiple assembly areas, the required number is to be 
determined individually for each assembly area based on its seating 
capacity. However, the Board also has included an exception which would 
permit the minimum number to be based on the combined seating capacity 
of multiple assembly areas as an alternative if two conditions are met: 
all receivers are usable with all provided assistive listening systems; 
and all assembly areas required to have such systems are under the same 
management (219.3, Exception 1). This allows ``mix and match'' types of 
receivers to generally serve such facilities.
    Comment. Assistive listening systems are generally categorized by 
their mode of transmission. There are hard-wired systems and three 
types of wireless systems: induction loop, infrared, and FM radio 
transmission. Induction loop systems use a wire loop to receive input 
from a sound source and transmit sound by creating a magnetic field 
within the loop. The loop may surround all or part of a room and can be 
installed in ceilings, floors, or walls. Listeners must be sitting 
within the loop and have either a receiver or a hearing aid with a 
telecoil. People with telecoil hearing aids do not need to use a 
receiver. In view of this benefit, comments to the draft of the final 
guidelines recommended that the requirement for

[[Page 44103]]

receivers specifically recognize that fewer hearing-aid compatible 
receivers can be specified for induction loop systems.
    Response. Section 219.3 specifies the minimum number of receivers 
for assistive listening systems, including the number of receivers that 
are hearing-aid compatible. In the final rule, the Board has added an 
exception for assembly areas where all seats are served by an induction 
loop system (219.3, Exception 2). Under this exception, the additional 
amount of receivers required to be hearing-aid compatible is not 
required at all. For example, at an assembly area with a seating 
capacity of 500, a total of 20 receivers would generally be required 
and at least 5 of this number would have to be hearing-aid compatible. 
Under the exception for induction loop systems that serve all seats of 
an assembly area, at least 15 receivers would be required instead of 
20.
    Requirements for signs indicating the availability of assistive 
listening systems has been relocated from this section to the scoping 
section on signage (216.10). Revisions to these provisions are 
discussed above in section 216.
220 Automatic Teller Machines and Fare Machines
    No substantive changes have been made to the scoping provisions for 
automatic teller machines and fare machines. Most comments on these 
types of machines concerned technical specifications and are discussed 
below in section 707.
221 Assembly Areas
    Provisions in section 221 for accessible assembly areas cover 
general scoping (221.1), wheelchair spaces (221.2), companion seats 
(221.3), aisle seating (221.4), and new provisions for lawn seating 
(221.5).
    Section 221.1 contains a general charging statement that assembly 
areas provide wheelchair spaces, companion seats, and designated aisle 
seats. The proposed rule contained a similar statement that provided an 
illustrative list of assembly areas covered by this section, such as 
motion picture houses, theaters, stadiums, arenas, concert halls, 
courtrooms, and others. This list has been incorporated into the 
definition of ``assembly area'' in section 106.5.
    Section 221.2 covers the required number, integration, and 
dispersion of wheelchair spaces. The minimum number of wheelchair 
spaces is specified according to the total number of seats provided in 
an assembly area (Table 221.2.1.1). This requirement applies to seating 
generally, as well as luxury boxes, club boxes, suites, and other types 
of boxes. Substantive changes made in the final rule include:
     Limiting the requirements for wheelchair spaces to 
assembly areas with fixed seating (221.2).
     Lowering scoping for assembly areas with over 500 seats 
(Table 221.2.1.1).
     Adding a new provision for box seating (221.2.1.3).
     Clarifying requirements for integration of wheelchair 
spaces (221.2.2).
     Revising and relocating dispersion requirements for 
wheelchair spaces (221.2.3).
     Modifying provisions for companion seating (221.3) and 
designated aisle seating (221.4).
     Adding a new provision for lawn seating (221.5).
     Removing a specification concerning vertical access (221.5 
in the proposed rule).
    The Board has clarified in the final rule that wheelchair spaces 
are required in assembly areas with ``fixed seating.'' This is 
consistent with the original ADAAG, but not the proposed rule, which 
did not specify that seating had to be fixed. This descriptor was 
restored because it is fixed seating that typically defines wheelchair 
spaces as a permanent feature, consistent with the scope of these 
guidelines.
    Comment. The minimum number of wheelchair spaces is specified 
according to a sliding scale. A lower percentage is specified for 
larger facilities. The proposed rule specified 1% scoping (on top of 6 
required wheelchair spaces) for assembly areas with over 500 seats. 
Comments from industry recommended that scoping should be lowered for 
larger facilities since industry surveys indicate that the vast 
majority of wheelchair spaces, particularly in stadiums and arenas, 
often go unused. A coalition representing major sports leagues, teams, 
and facilities throughout the U.S. conducted a two-year survey of usage 
of wheelchair spaces at 40 major arenas and stadiums during basketball, 
hockey, and baseball events. This survey found that of the 1% of seats 
made accessible in arenas, approximately 12% (0.12% of the total number 
of seats) were occupied by persons using wheelchairs; the assessed 
usage rate at baseball stadiums was 7% of the accessible seats (0.07% 
of the total number of seats). The coalition considered the 1% minimum 
scoping far in excess of the demonstrated need in large sports arenas. 
These and other industry comments urged the Board to reduce the 
required number to at least the amount recommended by the ADAAG Review 
Advisory Committee. The advisory committee had recommended a 0.5% 
scoping requirement for assembly areas with over 500 seats based on 
similar information concerning usage. Industry comments considered 0.5% 
as more than adequate in meeting the demand for accessible seating.
    Response. The Board has reduced the scoping for wheelchair spaces 
in assembly areas with more than 500 seats. Scoping has been reduced 
from 1% to a ratio of 1 wheelchair space for every 150 seats in 
assembly areas with 501 to 5,000 seats. This is required on top of a 
requirement of six wheelchair spaces, consistent with the scoping count 
for the first 500 seats. A further reduction to 0.5% scoping, the level 
recommended by the ADAAG Review Advisory Committee, is specified for 
assembly areas with over 5,000 seats. The 0.5% scoping requirement is 
applied on top of a requirement for 36 spaces, which follows the 
scoping level for the first 5,000 seats. For example, in assembly 
facilities with 5,000 seats, the final rule requires that at least 36 
spaces be accessible, whereas the scoping in the proposed rule would 
have specified 51 spaces minimum. The minimum number for facilities 
with 10,000 seats is 61 (reduced from 101), and for those with 50,000 
seats is 261 (reduced from 501).
    Comment. In certain performing arts facilities, seating may be 
provided in tiered boxes for spatial and acoustical purposes. Often, 
steps are located on the route to these boxes. The proposed rule was 
not clear on how the scoping and dispersion requirements would apply in 
these types of facilities. Comments noted that requiring accessible 
routes to all boxes would fundamentally affect this type of design and 
recommended that an exception be made for such venues.
    Response. Wheelchair spaces are required to be provided in each 
luxury box, club box, and suite according to a scoping table 
(221.2.1.2). The Board has clarified in the final rule that this 
requirement applies where such boxes and suites are provided in 
``arenas, stadiums, and grandstands.'' A new provision has been added 
for other types of assembly facilities, such as certain performing arts 
facilities, that may have tiered box seating (221.2.1.3). Under this 
provision, wheelchair spaces are determined according to the total 
number of fixed box seats and are required to be dispersed among at 
least 20% of the boxes. For example, if an assembly area has 20 boxes 
with five fixed seats each (totaling 100 seats), at least four 
wheelchair spaces would be

[[Page 44104]]

required according to the scoping table. These four wheelchair spaces 
would have to be dispersed among at least four (20%) of the 20 boxes. 
This requirement clarifies that each box does not have to be treated 
separately as a discreet assembly facility individually subject to the 
scoping table, as is the case with luxury boxes and club boxes.
    A provision for team and player seating areas is included in the 
final rule (221.2.1.4). This provision, which derives from the Board's 
guidelines for recreation facilities, requires at least one wheelchair 
space in team or player seating areas serving areas of sports activity. 
An exception is provided for seating areas serving bowling lanes.
    Under section 221.2.2, wheelchair spaces must be integrated 
throughout seating areas. In the final rule, the Board has clarified 
this requirement to state that wheelchair spaces ``shall be an integral 
part of the seating plan.''
    The original ADAAG required that wheelchair spaces be provided so 
that users are afforded a choice in sight lines that is comparable to 
that of the general public. Thus, while individuals who use wheelchairs 
need not be provided with the best seats in an assembly area, neither 
may they be relegated to the worst. In this rulemaking, the Board has 
sought to clarify specifications for lines of sight from wheelchair 
spaces. Specifically, the final rule clearly recognizes that viewing 
angles are essential components of lines of sight and that various 
factors, such as the distance from performance areas and the location 
of wheelchair spaces within a row, also greatly determine the quality 
of sight lines.
    Section 221.2.3 covers dispersion of wheelchair spaces and lines of 
sight. Wheelchair spaces are required to be dispersed to provide users 
with choices of seating locations and viewing angles substantially 
equal to or better than the choices afforded all other spectators. 
Spaces must be dispersed horizontally and vertically. Horizontal 
dispersion pertains to the lateral, or side to side, location of spaces 
relative to the ends of rows. Provisions for vertical dispersion 
address the placement of wheelchair spaces at varying distances front 
to back from the performance area, screen, or playing field. Exceptions 
from the dispersion requirements are provided for assembly areas with 
300 seats or less. In addition, an exception from the lines of sight 
and dispersion requirements is provided for wheelchair spaces in team 
or player seating areas serving areas of sports activity. Various 
changes have been made to the requirements for dispersion based on 
comments and responses to a number of questions posed by the Board in 
the proposed rule. The specifications of section 221.2.3 replace those 
in the proposed rule that were included in the technical criteria for 
wheelchair spaces at section 802.6.
    In the final rule, the Board has added exceptions to the 
requirement for horizontal dispersion. Horizontal dispersion is not 
required in assembly areas with 300 seats or less where wheelchair 
spaces and companion seats are provided in the center sections of a row 
(the second or third quartile) instead of at the ends (221.2.3.1, 
Exception 1). This exception derives from the ANSI A117.1-2003 standard 
and recognizes that viewing angles at the mid-sections of rows are 
generally better than those at the ends of rows. In addition, the Board 
has clarified that two wheelchair spaces can be paired, but each must 
have a companion seat, as required by 221.3 (221.2.3.1, Exception 2). 
This exception applies to all assembly areas, not just those with 300 
or fewer seats.
    Assembly areas with 300 or fewer seats are not required to have 
vertically dispersed wheelchair spaces so long as the spaces provide 
viewing angles that are equal to or better than the average viewing 
angle (221.2.3.2, Exception 1). An exception from the vertical 
dispersion requirement is provided for bleachers which allows spaces to 
be provided only in the point of entry (221.2.3.2, Exception 2).
    Comment. The proposed rule required dispersion that provides ``a 
choice of admission prices * * * comparable to that provided to other 
spectators.'' Comments from designers indicated that the admission 
price criterion is problematic since prices are not typically known in 
the design and construction phase. Accommodating choice in admission 
price is more realistically addressed as an operational matter by 
facility operators and managers.
    Response. The Board believes that the dispersion requirement 
pertaining to admission prices is better addressed by regulations, such 
as those maintained by the Department of Justice under the ADA, that 
govern policies and procedures, instead of by these design guidelines. 
The reference to admission prices has been removed from the requirement 
for dispersion.
    Comment. The proposed rule also addressed dispersion in terms of 
sight lines and required ``a choice of * * * viewing angles comparable 
to that provided to other spectators.'' This provision was intended to 
clarify a requirement in the original ADAAG that wheelchair spaces 
provide a choice in lines of sight comparable to those available to the 
general public. The Board questioned whether this restatement was 
sufficient and sought comment on whether this provision should be 
enhanced to require ``lines of sight equivalent to or better than'' 
those afforded the majority of other spectators in the same seating 
class or category (Question 43). Disability groups and persons with 
disabilities strongly favored such a change to ensure equivalency in 
the viewing experience. According to these comments, the proposed rule 
would permit location of wheelchair spaces in a manner that compromises 
the quality of viewing angles. Industry opposed holding wheelchair 
spaces to a higher standard in terms of the quality of viewing angles. 
Such commenters pointed to practical complications in comparing viewing 
angles between wheelchair spaces and inaccessible seating.
    Response. The Board has revised the specification for dispersion so 
that persons using wheelchair spaces are provided ``choices of seating 
locations and viewing angles that are substantially equivalent to, or 
better than, the choices of seating locations and viewing angles 
available to all other spectators' (221.2.3). This provision ensures 
equivalency in the range of viewing angles provided between wheelchair 
seating and all other seats. It recognizes, but does not mandate, a 
better range of viewing angles for the users of wheelchair spaces.
    Comment. The proposed rule, like the original ADAAG, required 
dispersion of wheelchair spaces in assembly areas with more than 300 
seats. The Board sought comment on whether this trigger should be 
lowered so that dispersion would be provided in smaller assembly spaces 
(Question 42). The Board was concerned about the possible impacts of 
such a change on certain assembly types, such as stadium-style cinemas, 
and sought further information on their design, including the average 
number of seats provided per screen. Designers and operators of all 
types of assembly facilities were encouraged to comment on the impact 
of reducing the triggering point from 300 to 250, 200, or 150 seats. 
Quality sight lines in facilities where dispersion may not be required, 
such as stadium-style theaters, was a primary concern voiced by 
commenters with disabilities. The majority of comments recommended 
lowering the threshold for dispersion requirements, though there was 
little consensus on a specific alternative number.
    Response. The point at which dispersion is required (over 300 
seats) has been retained in the final rule.

[[Page 44105]]

Dispersion is not required in assembly areas with 300 or fewer seats 
provided that certain conditions concerning viewing angles are met. 
These conditions are specified in relation to horizontal and vertical 
dispersion.
    Comment. In smaller facilities where dispersion of wheelchair 
spaces is not required (i.e., those with no more than 300 seats), 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, wheelchair spaces must provide lines of 
sight that are comparable to those provided for most of the other 
patrons in the assembly area. The Board sought comment on whether this 
requirement, specific to facilities where dispersion is not mandated, 
should require lines of sight from wheelchair spaces that are 
equivalent to or better than the line of sight provided for the 
majority of event spectators (Question 44). Persons with disabilities 
and organizations representing them unanimously backed this provision. 
The issue was considered particularly relevant in stadium-style seating 
and other smaller assembly areas where, despite the requirements for 
comparable lines of sight in the original ADAAG, wheelchair spaces are 
typically located only in the front or back rows.
    Response. The final rule makes the provision of equivalent lines of 
site a specific condition for not having to disperse wheelchair spaces 
in assembly areas with 300 or fewer seats. Wheelchair spaces do not 
have to be dispersed vertically (i.e., front to back), so long as the 
viewing angle from them is equal to, or better than, the average 
viewing angle provided in the facility (221.2.3.2). Wheelchair spaces 
and companion seats do not have to be dispersed horizontally (i.e., 
side to side) if they are located in the mid-sections of rows (second 
or third quartile of the total row length) instead of at or near the 
ends of rows (221.2.3.1). This condition for horizontal dispersion is 
required to the extent that the mid-section row is long enough to 
accommodate the requisite number of wheelchair spaces and companion 
seats; if it is not, some may be located beyond the mid-section portion 
(in the first or fourth quartile of the total row length).
    Comment. The proposed rule specified vertical dispersion so that 
wheelchair spaces are located at ``varying distances'' from the 
performing area (802.6.3). Comment was sought on whether the term 
``varying distances'' provides sufficient guidance in achieving 
dispersion (Question 41). The Board asked whether a minimum separation 
between horizontal rows should be specified. Most comments, including 
those from individuals with disabilities and from industry, considered 
this term too vague and supported a more specific or quantifiable 
requirement. Few specific alternatives to this language were 
recommended.
    Response. The Board has retained the reference to ``varying 
distances'' in the final rule (221.2.3.2). Since the requirement 
applies to a wide variety of assembly facilities of different sizes and 
designs, the Board does not consider it practical to specify a 
particular vertical separation or distance requirement. Meeting the 
requirement for vertical dispersion is highly relevant to the size of 
the facility, the range of sight lines available, elevation changes, 
and other design characteristics. Clarification has been added that the 
dispersion requirement pertains to the distance from the ``screen, 
performance area, or playing field.'' The proposed rule made reference 
only to performance areas. This revision clarifies coverage of elements 
and events, such as movie screens and sporting events.
    Comment. The proposed rule reflected the importance of providing 
individuals with disabilities with selections from a variety of vantage 
points to enjoy performances and sporting events. The Board requested 
comment on whether there are conditions where vertical (i.e., front to 
back) separation between wheelchair spaces is not desirable and if 
there is a point at which increased distance fails to improve 
accessibility or to contribute significantly to equal opportunity 
(Question 40). Of the few comments which addressed this question, the 
majority called attention to the importance of vertical dispersion in 
providing equivalency in the quality of the viewing experience. Some 
comments considered adequate integration of wheelchair spaces to be 
equally important or expressed concern about vertical separation that 
results in longer travel distances from restrooms, concessions, and 
other amenities.
    Response. The Board has not included any new conditional 
limitations on the requirements for vertical dispersion of wheelchair 
seating in achieving appropriate viewing angles (other than an 
exception for bleacher seating).
    Comment. Bleacher manufacturers requested clarification on how 
dispersion requirements would apply to bleachers, which have been 
interpreted as exempt under original ADAAG specifications.
    Response. The final rule includes an exception for bleacher seating 
that allows spaces to be provided in the point of entry only 
(221.2.3.2, Exception 2). An advisory note clarifies that ``points of 
entry'' at bleachers may include cross aisles, concourses, vomitories, 
and entrance ramps and stairs.
    Comment. In costing out changes made in the proposed rule, the 
Board estimated that vertical dispersion requirements 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 
Board's 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.'' The Board sought information on alternatives to constructing a 
secondary concourse that would provide vertical dispersion in upper 
decks of larger stadiums (Question 39). Few comments or suggested 
alternatives were provided in response. A few comments stressed the 
importance of vertical dispersion, while others felt it was necessary 
to weigh such requirements against the possible design and cost 
impacts.
    Response. The Board has retained requirements for vertical 
dispersion that are substantively similar to the specifications in the 
proposed rule. However, as noted above, the final rule does not require 
wheelchair spaces to be dispersed based on admission prices since 
pricing is not always established at the design phase and may vary by 
event. Instead of requiring wheelchair spaces to be vertically 
dispersed on each accessible level, the final guidelines require 
wheelchair spaces to be vertically dispersed at varying distances from 
the screen, performance area, or playing field. The final guidelines 
also

[[Page 44106]]

require wheelchair spaces to be located in each balcony or mezzanine 
served by an accessible route. In most sports facilities, these 
requirements can be met by locating some wheelchair spaces on each 
accessible level of the sports facility.
    Comment. The proposed rule contained a 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 (221.5 in the 
proposed rule). This requirement was included to ensure an equal level 
of convenience between accessible seating and inaccessible seating in 
terms of travel between the entry gate and seats or between the seats 
and concession stands. Most commenters did not support this 
requirement, and considered it unenforceable and confusing. Some 
commenters misunderstood the intent of this provision and thought it 
pertained specifically to egress routes.
    Response. The Board has removed the requirement concerning the 
number, capacity, and speed of elevators and wheelchair lifts in 
providing an equivalent level of service.
    Section 221.3 covers companion seats which are to be paired with 
wheelchair spaces. The proposed rule specified that companion seats be 
readily removable so as to provide additional space for a wheelchair. 
In the final rule, companion seats are permitted to be movable. Thus, 
they are not required to double as an alternative wheelchair space.
    Comment. The Board sought 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 (Question 
10). Comments noted that this requirement effectively doubles the 
scoping requirements for wheelchair spaces and that the required extra 
space would significantly increase construction costs. Several comments 
noted that more flexibility for both wheelchair spectators and the 
facility could be achieved by allowing companion seats to be movable; 
however, comments noted that some building codes may require companion 
seats to be fixed. Another solution put forward was the use of seating 
that folded and swung away, leaving enough space for a wheelchair 
position.
    Response. The final rule requires one companion seat for each 
wheelchair space, but allows the seat to be movable. This seat is not 
required to provide an additional wheelchair space when removed.
    Comment. In the belief that readily removable seats should provide 
a companion with virtually the same experience in terms of comfort and 
usability as other fixed seats, the Board asked what specific 
characteristics they should have relative to other seats (Question 11). 
The majority of comments strongly favored requirements for companion 
seats to be equivalent or comparable to other provided seating in the 
same assembly area.
    Response. The Board has included technical criteria for companion 
seats that requires them to be equivalent to other seats in the 
immediate area in terms of quality, size, comfort, and amenities 
(802.3).
    Section 221.4 addresses designated aisle seats. The Board has 
significantly lowered the number of designated aisle seats required to 
be accessible. An exception from the requirement for designated aisle 
seats for team or player seating areas serving areas of sports activity 
has been incorporated into the final rule from the guidelines for 
recreation facilities.
    Comment. The proposed rule specified that 1% of all seats be 
designated aisle seats, a quarter of which were to be located on 
accessible routes and the rest not more than 2 rows from an accessible 
route. The Board requested information on the cost and related design 
impacts of this requirement, particularly in locating aisle seats at or 
no more than two rows from an accessible route (Question 12). Comments 
stated that requiring designated aisle seats to be on an accessible 
route would require more space and entrances to seating areas and would 
result in the loss of seating space. Comments further stated that this 
would require a significant increase in the cost of such facilities.
    Response. The Board has reduced the overall scoping for designated 
aisle seats. The final rule requires that 5% of aisle seats, not all 
seats, be designated aisle seats. These seats are required to be those 
closest to, but not necessarily on, an accessible route. Technical 
requirements for aisle seats at 802.4 have also been modified.
    Section 221.5 provides a new requirement that addresses lawn 
seating and exterior overflow areas. Such areas are required to be 
connected by an accessible route. The accessible route is required to 
extend up to, but not through, lawn seating areas. Since such areas 
typically do not provide fixed seating, this provision does not require 
wheelchair spaces, companion seats, or designated aisle seats.
    Comment. Where public address systems are provided in 
transportation facilities to convey public information, a means of 
conveying the same or equivalent information to persons who are deaf or 
hard of hearing is required. In the proposed rule, the Board sought 
comment on whether additional provisions for an equivalent means of 
communication should be applied to other types of facilities (Question 
45). The Board was specifically interested in how captioning can be 
associated with electronic scoreboards in stadiums to convey audible 
public announcements. People who are deaf or heard of hearing strongly 
urged that requirements for access to information conveyed through 
public address systems be applied to all types of facilities, not just 
transportation facilities.
    Response. The Board considered adding a provision (included in the 
draft final rule) that would have required the visual display of 
audible pre-recorded or real-time messages where electronic signs are 
provided in stadiums, arenas, or grandstands. This provision would not 
have required provision of electronic signs, but instead would have 
specified that, where provided, they be used to display information to 
deaf or hard-of-hearing spectators provided audibly during an event. 
Since this requirement would have been more pertinent to facility 
operations than to facility design, the Board did not include it in the 
final rule. Providing ``effective communications'' is within the 
purview of the Department of Justice and is addressed in the 
Department's title II and III regulations. See 28 CFR 35.160 and 28 CFR 
36.203(c).
222 Dressing, Fitting, and Locker Rooms
    Section 222 covers dressing rooms, fitting rooms, and locker rooms. 
At least 5% of each type, in each cluster, is required to be 
accessible. A requirement for coat hooks and shelves located at 228.4 
in the proposed rule has been relocated for clarity to this section 
(222.2).
223 Medical Care and Long-Term Care Facilities
    This section indicates the number of patient or resident sleeping 
rooms required to be accessible in medical care and long-term care 
facilities. The general scoping provision at 223.1 indicates that the 
facilities covered by this section include medical care facilities and 
licensed long-term care

[[Page 44107]]

facilities where the period of stay exceeds 24 hours. Section 223.2 
covers hospitals, rehabilitation facilities, psychiatric facilities, 
and detoxification facilities. In general, those facilities are held to 
a 10% scoping requirement, but those that specialize in the treatment 
of conditions affecting mobility are subject to a 100% scoping 
requirement. In long-term care facilities, 50% of the rooms must be 
accessible.
    Changes made in the final rule include:
     Modifying the description of the facilities covered by 
this section (223.1).
     Adding a new exception for toilet rooms in critical care 
and intensive care patient sleeping rooms (223.1).
     Clarifying the application of scoping requirements to 
rehabilitation facilities (223.2).
     Revising the scoping requirement for long-term care 
facilities to apply to ``each type'' of resident sleeping room (223.3).
    Comment. Comments considered it unnecessary to qualify covered 
medical care facilities as those that are licensed, since all are 
typically licensed.
    Response. The general charging statement (223.1) has been changed 
to refer to ``medical care facilities and licensed long-term care 
facilities.'' In addition, the Board has removed as unnecessary 
language describing these facilities as places ``where people receive 
physical or medical treatment or care.''
    Comment. There are certain types of patient rooms, such as those 
provided in critical or intensive care units where patients who are 
critically ill are immobile or confined to beds and thus generally not 
expected to use adjoining toilet rooms. Typically, such patients are 
relocated to other types of rooms when no longer confined to beds. 
Comments recommended that toilet rooms serving these types of rooms 
should not have to be accessible.
    Response. An exception has been added that permits toilet rooms in 
critical care and intensive care patient sleeping rooms to be 
inaccessible (223.1, Exception).
    Section 223.2 addresses scoping for hospitals, rehabilitation 
facilities, psychiatric facilities, and detoxification facilities. The 
Board has clarified the distinction made in scoping between facilities 
that specialize in the treatment of conditions affecting mobility 
(100%) and those that do not (10%), including rehabilitation 
facilities.
    Comment. The Board sought 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 
(Question 13). Commenters with disabilities supported a requirement for 
dispersion of accessible sleeping rooms among all types of medical 
specialty areas, such as obstetrics, orthopedics, pediatrics, and 
cardiac care. Conversely, commenters representing the health care 
industry pointed out that treatment areas in health care facilities can 
be very fluid due to fluctuation in the population and other 
demographic and medical funding trends. Comments indicated that in 
long-term care facilities, access is provided at rooms that are less 
desirable than others available in the facility. Commenters recommended 
that the final rule should include a requirement that ensures that 
accessibility is fairly dispersed among different types of rooms in 
long-term care facilities.
    Response. The Board has not added a requirement for dispersion in 
medical care facilities because compliance over the life-time of the 
facility could prove difficult given the need for flexibility of spaces 
within such facilities. However, an advisory note has been added to 
encourage dispersion of accessible rooms within the facility so that 
accessible rooms are more likely to be proximate to appropriate 
qualified staff and resources. Since these considerations are not as 
relevant to long-term care facilities, the Board has added a 
requirement that the 50% scoping requirement for long-term care 
facilities be applied to ``each type'' of resident sleeping room 
provided to ensure dispersion among all types (223.3).
224 Transient Lodging Guest Rooms
    The minimum number of guest rooms required to be accessible in 
transient lodging facilities is covered in section 224. Access is 
addressed for people with disabilities, including those with mobility 
impairments (224.2) and people who are deaf or hard of hearing (224.4). 
In addition to rooms, there is a provision which addresses the number 
of beds required to be accessible in facilities such as homeless 
shelters, where a room may have a large number of beds. (224.3). 
Revisions of this section include:
     Removal of the exception for certain bed-and-breakfast 
facilities (224.1), which are now exempted through the definition of 
``transient lodging'' provided in section 106.
     Clarification of a provision covering doors and doorways 
in inaccessible transient lodging guest rooms (224.1.2).
     Revised scoping for accessible beds (224.3).
     Reduced scoping for guest rooms with accessible 
communication features (224.4).
     Modified dispersion requirements (224.5).
    The definition of ``transient lodging'' in section 106.5 has been 
revised to exclude, in part, ``private buildings or facilities that 
contain not more than five rooms for rent or hire and that are actually 
occupied by the proprietor as the residence of such proprietor.'' As a 
result, an exception for such facilities in 225.1 has been removed.
    Comment. In transient lodging facilities, doors and doorways in 
inaccessible guest rooms are required to be at least 32 inches wide 
(224.1.2). This specification stems from the original ADAAG and is 
intended to afford some access to inaccessible guest rooms for 
visitation purposes. Clarification was requested on which types of 
doors this is intended to cover and whether it applies to shower doors.
    Response. In the final rule, clarification has been added that the 
32 inch minimum clearance applies to those doors ``providing user 
passage'' into and within guest rooms not required to be accessible. In 
addition, the Board has added an exception that exempts shower and 
sauna doors in inaccessible guest rooms from this requirement. 
Corresponding changes have been made to a similar provision in the 
general scoping section for doors (206.5.3).
    Comment. A hotel and motel trade group opposed any increase in the 
number of guest rooms required to be accessible and submitted a study 
it commissioned on the usage of such rooms. According to this study, 
80% of accessible guest rooms remain unused by people with 
disabilities. This trade group also submitted comments to the draft 
final guidelines that included a statistical study of the number of 
persons who use wheelchairs based on U.S. census data (1.03% of the 
population age 15 years and older). Based on this information, this 
commenter requested that the required number of accessible guest rooms 
be reduced to a level consistent with assessed usage rates and 
population estimates.
    Response. The proposed rule was consistent with the recommendations 
of the ADAAG Review Advisory Committee and preserved, without increase, 
the number of accessible guest rooms (224.2). The number of accessible 
guest rooms is also consistent with the International Building Code. 
Accessible guest rooms include features such as grab bars and other 
elements that benefit not only people who use wheelchairs,

[[Page 44108]]

but also people who use crutches, canes, and walkers. Data provided by 
the Disability Statistics Center at the University of California, San 
Francisco shows that the number of adults who use wheelchairs has been 
increasing at the rate of 6 percent per year from 1969 to 1999; and by 
2010, it is projected that 2 percent of the adult population will use 
wheelchairs. In addition to people who use wheelchairs, 3 percent of 
adults used crutches, canes, walkers and other mobility devices in 
1999; and the number is projected to increase to 4 percent by 2010. 
Thus, by 2010, up to 6 percent of the population may need accessible 
guest rooms.
    Data submitted by the hotel and motel trade group showed that hotel 
stays are almost equally divided between business travel and non-
business travel. Non-business travelers usually travel as members of a 
household or group for vacation, special events, or leisure. In 1999, 
2.3 percent of households had an adult member who uses a wheelchair; 
and by 2010, it is projected that 4 percent of households will have an 
adult member who uses a wheelchair. In addition to households with an 
adult member who uses a wheelchair, 7 percent of households had an 
adult member who used canes, crutches, walkers or other mobility 
devices in 1999; and the number is projected to increase to 9 percent 
by 2010. Thus, by 2010, up to 13 percent of households will have adult 
members who may need accessible guest rooms.
    The Board recognizes that all the people and households that may 
benefit from an accessible guest room may not specifically request an 
accessible room, and the scoping levels reflect this fact. The 
statistical study submitted by the hotel and motel trade group assumed 
independence in accessible room requests. In reality, accessible room 
requests are likely to be somewhat correlated, due to hotel preferences 
or group travel. For smaller hotels, a slight violation of the 
independence assumption could lead to a higher sellout rate, as these 
hotels have relatively fewer accessible rooms. The hotel and motel 
trade group also submitted data on actual accessible room reservation 
requests for select hotels that implied the current demand for 
accessible rooms is closer to 0.8 percent than 1 percent, as in their 
original study. However, this sample was likely not representative and 
the study did not take into account data showing that the population 
who needs accessible rooms is growing. Hotels constructed in the next 
few years will serve the population for decades to come. Because of the 
problems with the assumptions used in the statistical study and the 
failure to consider future needs, the Board concluded that a reduction 
in the number of accessible guest rooms is not warranted.
    The hotel and motel trade group has pointed out that the Board has 
reduced the scoping for wheelchair spaces in assembly areas by 0.33 
percent for assembly areas with 501 to 5,000 seats, and by 0.5 percent 
for assembly areas with more than 5,000 seats. However, the hotel and 
motel trade group has proposed a much greater reduction in the number 
of accessible rooms for all size hotels with more than 50 rooms. For 
example, they proposed that hotels with 100 rooms provide 40 percent 
fewer accessible rooms (3 accessible rooms, instead of the 5 accessible 
rooms currently required). There are important difference between large 
assembly areas such as sports stadiums which may have 50,000 to 70,000 
seats, and hotels. Only 1 percent of hotels have more than 500 rooms. 
These hotels cater to meetings and conferences sponsored by groups who 
reserve large numbers of rooms. Disability groups and organizations may 
hold meetings and conferences at these hotels and need large numbers of 
accessible rooms. For all these reasons, the number of accessible guest 
rooms has not been changed in the final rule.
    Comment. The proposed rule addressed access to beds according to a 
table based on the total number provided in a guest room. This table, 
as recommended by the ADAAG Review Advisory Committee, included bed 
counts well into the hundreds. The table followed a sliding scale that 
started with roughly a 4% requirement (1 per 25 beds provided in a 
room) which decreased to 3% (for over 500 beds) and then to 2% (for 
over 1,000 beds). Comments considered the upper levels covered by the 
table as ridiculously high and suggested a simpler and more realistic 
provision.
    Response. The scoping table for beds has been removed in the final 
rule and replaced by a flat 5% requirement that applies where more than 
25 beds are provided in a guest room. Technical requirements for guest 
rooms require at least one bed in a sleeping room to be accessible. 
This provision would govern in rooms with 25 or fewer beds.
    The guidelines address rooms required to provide communication 
features accessible to persons who are deaf or hard of hearing, 
including visual notification of fire alarms, telephone calls, and door 
knocks or bells. Telephones in such rooms must have volume controls and 
nearby outlets for the installation of TTYs. The Board had proposed 
increasing the minimum number of such guest rooms to 50% of the total 
number of guest rooms provided. This contrasted significantly with the 
original ADAAG, which specified the minimum number according to a 
sliding scale. It required 1 in 25 rooms to comply up to a guestroom 
count of 100. Scoping successively decreased 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 1,000 rooms, 2% of rooms 
were required to comply, and where the room count exceeded 1,000, the 
scoping dropped to 1% (ADAAG 9.1.3). The original ADAAG also required 
that all accessible guest rooms be equipped with communication features 
in addition to the number of rooms required to provide communication 
access only (ADAAG 9.2.2(8)).
    The Board had proposed the increased scoping for guestrooms with 
accessible communication 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. The Board also felt that the increased scoping would afford 
greater flexibility in the guest room assignment of people who are deaf 
or hard of hearing, especially in light of revisions to the technical 
requirements that effectively preclude the use of portable visual alarm 
devices. In addition, permanent installation of visual alarm appliances 
is considerably less expensive and easier to achieve as part of 
facility design and construction than as a retrofit.
    Comment. The Board sought information on the new construction cost 
impact of the proposed increased scoping and also asked whether 
exceptions should be provided for altered facilities or additions 
(Question 14). The hotel and motel industry strongly opposed increasing 
scoping for rooms providing communication access to 50%, which it 
considered unsubstantiated and unsupported by the assessed need. The 
industry considers the original ADAAG specification, which is 
substantially lower than 50%, to be excessive in view of its 
assessments on the usage rate of such rooms by persons with 
disabilities. People who have photosensitive epilepsy also opposed the 
proposed increase because the potential for triggering seizures would 
be too great. On the other hand, many comments from persons who are 
deaf or hard of hearing voiced strong support for maintaining or 
further increasing the proposed 50% requirement. In the belief

[[Page 44109]]

that some transient lodging facilities have adopted voluntary policies 
requiring permanently installed visual alarms in all or a majority of 
newly constructed guest rooms, the Board sought information on such 
cases (Question 15). Commenters responded that they were unaware of any 
such corporate policies.
    Response. In the final rule, the Board has reduced the scoping for 
guest rooms with accessible communication features to the level 
specified by the original ADAAG. The Board has included some limited 
changes from the original ADAAG scoping for consistency with the 
International Building Code (IBC). The minimum number required to 
comply is based on the number of rooms provided: 2-25 (2), 26-50 (4), 
51-75 (7), 76-100 (9), 101-150 (12), 151-200 (14), 201-300 (17), 301-
400 (20), 401-500 (22), 501-1,000 (5% of total), 1,001 and over (50, 
plus 3 for each 100 over 1,000). These levels slightly differ from the 
original ADAAG at the higher levels (401 rooms and above). The numbers 
are consistent with the IBC except that the IBC scoping does not apply 
to facilities with less than 6 guest rooms.
    Comment. The industry also objected to requiring alarm appliances 
to be permanently installed. One hotel chain commented that their deaf 
and hard of hearing guests preferred portable appliances because these 
can be used in any guest room. This point was contradicted by comments 
from deaf and hard of hearing commenters and advisory committee members 
who urged permanent installation.
    Response. The Board has elected to reference the NFPA 72-1999 
National Fire Alarm Code and has included a requirement that appliances 
be permanently installed. The Board believes that the hospitality 
industry can best guarantee deaf and hard of hearing guests the same 
level of protection as hearing guest by providing them visual devices 
that are part of the same fire alarm system that alerts hearing guests. 
Fire alarm systems must pass rigorous installation standards and 
frequent inspections. To date, the Board is unaware of any portable 
equipment that satisfies the requirements of the referenced standard. 
Even if portable equipment satisfying this standard were available, 
there is still a key concern that their installation, when not 
supervised by a trained professional, would not guarantee proper 
location and visibility of the signal. The NFPA 72 includes criteria 
for the appropriate location of the visual alarm appliance within the 
guest room. Deaf and hard of hearing travelers have reported that hotel 
staff have installed portable alarms on the floor, under furniture, and 
in other locations that do not satisfy the requirements of the 
referenced standard.
    Section 224.5 requires dispersion of accessible rooms among the 
various classes of rooms provided, including room type, bed count, and 
other amenities to a degree comparable to the choices provided other 
guests. 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 count, and amenities.
    The proposed rule required communication access in half of the 
accessible guestrooms in addition to the number required in section 
224.4. The Board considered removing this requirement and stipulating 
that there be no overlap between the dispersion of accessible rooms and 
communication accessible rooms, as indicated in the draft of the final 
guidelines. The Board sought to prevent such overlap to maximize the 
availability of each room type and proposed that a similar change be 
made in the IBC. This change was not adopted into the IBC, in part due 
to consideration of persons using wheelchairs who may need accessible 
communication features. The IBC does not require or prohibit overlap 
between both types of rooms. In the final rule, the Board has revised 
the dispersion requirement to allow some overlap (10% maximum) between 
rooms and to ensure that at least one room provides both wheelchair 
access and communication access. Thus, no more than 10% of the 
accessible rooms can be used to satisfy the required number of rooms 
providing communication access. Communication access can be provided in 
a greater number of accessible rooms, but the amount in excess of 10% 
cannot count toward the number of rooms required to provide 
communication access.
    Comment. Comments urged that dispersion should be based on bed 
count, instead of bed type. People with disabilities, especially those 
who traveled with attendants, felt that bed type or size was not as 
important as the number of beds.
    Response. The criteria for dispersion is also modified. In the list 
of factors that define various classes of rooms, the Board has replaced 
``types of beds'' with ``number of beds.''
225 Storage
    This section covers storage elements and facilities, including 
lockers, self-service shelving, and self-service storage facilities. In 
the proposed rule, these elements and spaces were covered in two 
separate sections: 225 (Self-Service Storage Facilities) and 228 
(Storage). In the final rule, these sections have been combined into 
one for clarity. No substantive changes have been made to these 
provisions.
    A scoping provision for coat hooks and shelves that was located at 
228.4 has been moved and revised. Since this provision is specific to 
certain types of spaces, it is now located among scoping requirements 
covering toilet rooms and compartments (213.3.8), and dressing, 
fitting, and locker rooms (222.2), as discussed above at these 
sections.
226 Dining Surfaces and Work Surfaces
    Provisions for access to dining and work surfaces have been revised 
to:
     Further define dining surfaces as those used ``for the 
consumption of food or drink'' (226.1).
     Clarify that the types of work surfaces covered do not 
include those surfaces used by employees, since elements of work 
stations are not required to comply with these guidelines (226.1).
     Exempt sales and service counters from this section, which 
are covered instead by section 227 (226.1, Exception 1).
     Exempt check-writing surfaces at inaccessible check-out 
aisles (226.1, Exception 2).
    Comment. These guidelines generally do not require elements of a 
work station to be accessible. Concern was expressed that the reference 
to ``work surfaces'' may be confused as covering surfaces that are part 
of a work area or station.
    Response. Clarification has been added that this section applies to 
work surfaces that are provided ``for use by other than employees.'' In 
addition, the Board has specified that the type of dining surface 
covered are those provided ``for the consumption of food or drink.''
    Comment. Some comments reflected a misunderstanding that this 
section also applied to sales counters and other elements that are 
addressed in section 227 (Sales and Service).
    Response. The final rule includes two clarifying exceptions. 
Exception 1 indicates that sales and service counters, which are 
addressed in section 227 (Sales and Service), are not required to 
comply with the requirements for dining and work surfaces. Exception 2 
acknowledges that check writing surfaces are a type of work surface and 
that those provided at inaccessible check-out aisles are not required 
to comply.

[[Page 44110]]

227 Sales and Service
    Section 227 covers access to check-out aisles (227.2), sales and 
service counters (227.3), food service lines (227.4), and queues and 
waiting lines (227.5). The general charging statement has been 
editorially revised to clearly indicate coverage of these various 
elements. The title of this section has been changed to ``Sales and 
Service'' instead of ``Sales and Service Counters'' since some of the 
provisions it contains apply to elements that may not have a counter, 
such as check-out aisles and waiting lines.
    Requirements for check-out aisles have been revised to clarify 
access to check-out aisles serving different functions (227.2). In 
addition, the final rule restores an exception for smaller facilities 
that allows one check-out aisle to be accessible (227.2, Exception). 
Signage requirements for accessible check-out aisles have been modified 
and relocated to section 216.11, as discussed above.
    Generally, check-out aisles are required to be accessible according 
to a scoping table in 227.2. In the proposed rule, this table specified 
access according to the number of check-out aisles provided for ``each 
function.'' However, the corresponding scoping provision did not fully 
correlate with the table because it specified that ``at least one'' 
accessible check-out aisle be provided for each function. In the final 
rule, this provision has been revised to be consistent with the scoping 
of the table.
    Comment. The original ADAAG provided an exception for facilities 
with less than 5,000 square feet of selling space which allowed only 
one check-out aisle to be accessible regardless of the number or 
different types of aisles provided. This exception has been provided to 
limit the impact of accessible check-out aisles on smaller facilities. 
The Board had removed this exception in the proposed rule because it 
reasoned that most facilities that would qualify for it would likely 
have only one check-out aisle or use sales counters instead of check-
out aisles. Commenters disagreed, indicating that such facilities may 
have multiple check-out aisles. Thus, the exception should be restored.
    Response. The exception has been included in the final rule (227.2, 
Exception).
228 Depositories, Vending Machines, Change Machines, and Mail Boxes
    No substantive changes have been made to the scoping requirements 
for depositories, vending machines, change machines, mail boxes, and 
fuel dispensers in section 228 (229 in the proposed rule). Few comments 
addressed this section. In the final rule, the Board has added a 
reference to fuel dispensers to clarify their coverage by the 
guidelines. The proposed rule included requirements intended to apply 
to fuel dispensers such as gas pumps. Gas pump manufacturers expressed 
concerns about reach range requirements and operating force 
specifications which have been addressed in the final rule, as 
discussed in sections 308 and 309 below.
229 Windows
    Scoping provisions for windows require that at least one glazed 
opening, where provided for operation by occupants, meet technical 
criteria for operable parts. Access is also required to each glazed 
opening required by the administrative authority to be operable. In the 
final rule, the Board has included an exception from this requirement 
for windows in residential dwelling units. Devices that make window 
controls and latches accessible can be provided as a supplementary add-
on feature instead of installed as a permanent fixture. For this 
reason, the Board believes that such access can be effectively provided 
as a reasonable accommodation under Federal regulations for program 
access. These regulations govern the types of residential facilities 
covered by these guidelines.
    Comment. Concern was expressed that reference to glazed openings 
provided for ``operation by occupants'' would be interpreted to apply 
to those operated by employees.
    Response. Scoping provisions in 203.9 exempt employee work areas 
from the guidelines except for requirements concerning accessible 
routes, circulation paths, and wiring for visual alarms. Other elements 
of employee work areas are not required to comply.
    Comment. The referenced technical criteria address the operable 
parts of windows, including that such parts be within accessible reach 
ranges, but they do not address the height of glazed openings. The 
Board sought comment on whether a maximum sill height should be 
specified so that people who use wheelchairs can look through the 
window to view ground level activities (Question 16). The Board also 
requested 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 was sought on any other 
design impacts, such as the use of the space or cavity below windows 
for mechanical or other building systems. Comments from people with 
disabilities supported the idea of a specified sill height, though few 
recommended a particular height. Comment from industry opposed such a 
requirement. Some pointed to concerns about child safety and the impact 
on heating, ventilation, and air conditioning (HVAC) systems and other 
mechanical systems that use the cavity for duct work.
    Response. No additional criteria for windows, including the sill 
height, have been included in the final rule.
230 Two-Way Communication Systems
    Scoping for two-way communication systems remain unchanged in the 
final rule. Few comments addressed this section.
231 Judicial Facilities
    This section covers courthouses and other judicial facilities and 
provides requirements for courtrooms (231.2), holding cells (231.3), 
and visiting areas (231.4). This section has not been changed except 
for a few editorial revisions:
     Provisions specific to courtrooms have been relocated 
without substantive change to a new technical section on courtrooms 
(808) in Chapter 8, which covers special rooms, spaces, and elements.
     A scoping provision for partitions in visiting areas 
(231.4.2) has been revised for consistency with the technical criteria 
it references.
    Comment. Commenters indicated that provisions specific to 
courtrooms in section 232.2 of the proposed rule functioned more as 
technical requirements and should be relocated to the appropriate 
technical chapter.
    Response. The Board agrees and has relocated these provisions to a 
new technical section in Chapter 8 (Special Rooms, Spaces, and 
Elements) at section 808 that is specific to courtrooms.
    Comment. A commenter pointed out that the provision for solid 
partitions or security glazing in visiting areas should be revised to 
be more consistent with the technical provision it references, which 
requires some method to facilitate voice communication.
    Response. The Board has revised this provision to clarify that ``at 
least one of each type'' is required to comply, consistent with the 
referenced technical requirement in section 904.6.

[[Page 44111]]

232 Detention and Correctional Facilities
    This section provides scoping criteria specific to prisons, jails, 
and other types of detention and correctional facilities.
    Several provisions in this section have been revised:
     This section has been revised to refer to ``cells'' as 
opposed to ``cells or rooms'' for purposes of simplicity.
     Scoping for beds in cells (232.2.1.1) references a 
provision for beds in transient lodging guest rooms which has been 
revised, as discussed above in section 224.
     A provision for partitions in visiting areas (232.5.2) has 
been revised for consistency with the technical criteria it references, 
consistent with a similar provision for judicial facilities (231.4.2) 
discussed above in section 231.
     A dispersion requirement for wheelchair and communication 
accessible cells has been removed, as discussed below (232.2.4 in the 
proposed rule).
     An exception from the requirement for grab bars in cells 
specially designed without protrusions for purposes of suicide 
prevention (233.3, Exception 1 in the proposed rule) has been moved to 
the technical requirement for grab bars, which is a more appropriate 
location (604.5).
    Scoping provisions for detention and correctional facilities 
require access to at least 2% of the general housing and holding cells 
provided (232.2.1). In addition, where emergency alarm systems and 
telephones are provided in general housing or holding cells, at least 
2% of the cells must be equipped with accessible communication 
features, such as visual alarms and telephones equipped with volume 
controls, to accommodate persons with hearing impairments (232.2.2). 
The proposed rule contained a requirement that half of the accessible 
communication features be provided in accessible cells, consistent with 
a dispersion requirement provided for transient lodging guest rooms. 
This provision was changed, as indicated in the draft of the final 
guidelines, to prohibit any overlap between accessible cells and those 
equipped with accessible alarms and telephones. In the final rule, the 
Board has removed this provision. Scoping for accessible communication 
features is triggered only where cells are equipped with alarms and 
telephones. In facilities without such cells, only scoping for 
accessible cells would apply, making provisions for required overlap 
irrelevant. Where such cells are provided, the final rule does not 
prohibit the location of accessible communication features in 
accessible cells.
233 Residential Facilities
    Requirements for residential facilities address access for persons 
with disabilities, including persons with mobility impairments and 
those who are deaf or hard of hearing. This section specifies the 
minimum number of residential dwelling units required to be accessible. 
The term ``residential dwelling units'' pertains to facilities used as 
a residence. A revised definition for the term used in the final rule, 
``residential dwelling units,'' is provided in section 106.5. These 
facilities have been redefined to further distinguish them from other 
types of facilities, such as transient lodging, that provide living 
accommodations on a short-term basis. This section has been 
significantly revised in the final rule for consistency with other 
Federal regulations that address access to residential facilities, 
particularly those issued by the U.S. Department of Housing and Urban 
Development (HUD).
    The ADA's coverage of residential facilities extends primarily to 
entities subject to title II such as public housing and other types of 
housing constructed or altered by, on behalf of, or for the use of 
State or local governments. Title III of the ADA does not generally 
apply to private housing, including apartments and condominiums, except 
for spaces within that serve as places of public accommodations, such 
as sales and rental offices. HUD administers a variety of programs that 
fund or subsidize housing. Many of these programs are subject to 
section 504 of the Rehabilitation Act of 1973 \20\ which requires that 
those receiving Federal financial assistance be accessible to persons 
with disabilities. HUD's section 504 regulations \21\ apply access 
requirements to residential facilities and include specific provisions 
for the minimum number of dwelling units required to be accessible. 
Specifically, they require at least 5% of dwelling units in multi-
family projects of 5 or more dwelling units to be accessible and at 
least 2% to be equipped with communication features accessible to 
persons with hearing impairments. While these requirements are 
consistent with those in the proposed guidelines, the HUD regulations 
further specify how this scoping is to be applied to housing 
``projects,'' a term specifically defined in the HUD regulations. To 
avoid any potential conflicts in this area, the Board has referenced 
HUD's section 504 regulations for purposes of scoping (233.2). Thus, 
entities subject to HUD's section 504 regulations are required to apply 
the technical requirements for new construction and alterations of this 
rule to the number of units required to be accessible under HUD's 
regulations.
---------------------------------------------------------------------------

    \20\ 29 U.S.C. 794.
    \21\ 24 CFR 8.22(b).
---------------------------------------------------------------------------

    Scoping provisions for facilities not subject to HUD's section 504 
regulations are addressed in a separate section (233.3). Requirements 
for these residential facilities address new construction, dwelling 
units for sale, additions, alterations, and dispersion. Substantive 
revisions made in the final rule concern:
     Residential facilities with a limited number of dwelling 
units (233.3.1, Exception).
     Dwelling units for sale (233.3.2).
     Alterations (233.3.4).
    In addition, references to technical requirements have been 
editorially revised consistent with the integration of a separate 
chapter on residential facilities (11) into other chapters of the 
guidelines.
    New construction scoping for facilities not subject to HUD's 
section 504 regulations is substantively consistent with the level 
specified in the proposed rule (233.3.1). At least 5% of the total 
number of residential dwelling units must be accessible to persons with 
mobility impairments and at least 2% must be equipped with 
communication features accessible to persons who are deaf or hard of 
hearing.
    For newly constructed residential facilities with less than 5 
units, the proposed rule provided an exception that allowed the minimum 
number to be applied to the total number of dwelling units constructed 
under a single contract, or developed as whole, whether or not located 
on a common site. In the final rule, this exception has been revised to 
apply to facilities with 15 or fewer units, a level which derives from 
UFAS, which the Board considered more appropriate (233.3.1, Exception).
    The Board had considered adding a provision stipulating that units 
providing mobility access and those providing communication access are 
to be satisfied independently (i.e., both types of access cannot be 
provided in the same unit to satisfy the minimum number of each type 
required to be accessible). The Board did not include such a 
requirement in the final rule for consistency with requirements in the 
International Building Code (IBC). The IBC specifies that multi-family 
dwelling units required to have fire alarm systems also have the 
capability to support visible alarms. This

[[Page 44112]]

requirement facilitates installation of visual alarms as needed, 
including in units providing access for persons with mobility 
impairments. To avoid any conflict with the IBC requirement, the Board 
has removed its provision prohibiting the location of required 
accessible communication features in dwelling units that are accessible 
to persons with mobility impairments.
    The final rule includes a provision that specifically covers 
residential units that are constructed for purchase (233.3.2). This 
provision does not apply the scoping percentages otherwise required in 
new construction, but instead references regulations issued under the 
ADA or section 504 of the Rehabilitation Act. DOJ's title II ADA 
regulation and section 504 regulations contain provisions that ensure 
access to programs and activities. These regulations require that each 
program or activity conducted by a covered entity or a program or 
activity receiving Federal financial assistance be readily accessible 
to and usable by individuals with disabilities when viewed in its 
entirety. A public entity that conducts a program to build housing for 
purchase by individual home buyers must provide access according to the 
requirements of the ADA regulations and, where Federal financial 
assistance is provided, the applicable section 504 regulation. The 
Board determined that access to dwelling units for purchase is better 
addressed by the program access obligation of these regulations instead 
of by the across-the-board scoping percentages of this rule.
    Scoping for additions applies the minimum number according to the 
number of units added (233.3.3). No substantive changes have been made 
to this requirement in the final rule.
    Scoping provisions for alterations have been revised in the final 
rule (233.3.4). The Board determined that applying requirements to 
dwelling units in alterations should be further tailored to conditions 
specific to residential facilities. As a result, the final rule focuses 
on alterations where the planned scope of work is extensive enough to 
achieve fully accessible units that are on accessible routes. 
Provisions are included that specifically address residential 
facilities vacated as part of an alteration and those that are 
substantially altered. Consistent with these provisions, the Board has 
included exceptions to the general scoping provisions for alterations, 
as discussed above (sections 202.3 and 202.4).
    Where a building is vacated for purposes of alteration and has more 
than 15 dwelling units, at least 5 percent of the altered dwelling 
units are required to be accessible to persons with mobility 
impairments and to be located on an accessible route (233.3.4.1). In 
addition, at least 2 percent of the dwelling units are to be equipped 
with accessible communication features. Facilities vacated for purposes 
other than alteration, such as asbestos removal or pest control, are 
not subject to this requirement.
    Where individual dwelling units are altered and, as a result, a 
bathroom or a kitchen is substantially altered and at least one other 
room is also altered, the dwelling unit is required to comply with the 
scoping requirements for new construction until the total number of 
accessible units is met (233.3.4.2). A substantial alteration to a 
kitchen or bathroom includes, but is not limited to, changes to or 
rearrangements in the plan configuration, or replacement of cabinetry. 
Substantial alterations do not include normal maintenance or appliance 
and fixture replacement, unless such maintenance or replacement 
requires changes to or rearrangements in the plan configuration, or 
replacement of cabinetry. As with new construction, the final rule 
permits facilities that contain 15 or fewer dwelling units to apply the 
scoping requirements to all the dwelling units that are altered under a 
single contract, or are developed as whole, whether or not located on a 
common site.
    An exception to these alteration scoping requirements is provided 
in the final rule where full compliance is technically infeasible 
(233.3.4, Exception). Technical infeasibility, as defined in the rule, 
pertains to existing structural conditions or site constraints that 
effectively prohibit compliance in an alteration. Under this exception, 
where it is technically infeasible to provide a fully accessible unit 
or an accessible route to such a unit, then a comparable unit at a 
different location under an entity's purview can be used as a 
substitute provided that it fully complies with the access 
requirements. A substituted dwelling unit must be comparable to the 
dwelling unit that is not made accessible. Factors to be considered in 
comparing one dwelling unit to another should include the number of 
bedrooms; amenities provided within the dwelling unit; types of common 
spaces provided within the facility; and location with respect to 
community resources and services, such as public transportation and 
civic, recreational, and mercantile facilities.
    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 (233.3.5). Single-story units can substitute for multi-
story units provided they have equivalent amenities and spaces. These 
provisions have not been substantively revised in the final rule.
234 Through 243 Recreation Facilities and Play Areas
    Sections 234 through 243 address various types of recreation 
facilities, including play areas. These requirements were developed in 
separate rulemakings that were finalized after the proposal for this 
rule was published. They have been incorporated into the final rule and 
have been reformatted and editorially revised for consistency with the 
document. No substantive changes have been made. Scoping provisions, 
which reference technical provisions in chapters 6 and 10, address:
     Amusement rides (234).
     Recreational boating facilities (235).
     Exercise machines (236).
     Fishing piers and platforms (237).
     Golf facilities (238).
     Miniature golf facilities (239).
     Play areas (240).
     Saunas and steam rooms (241).
     Swimming pools, wading pools, and spas (242).
     Shooting facilities with firing positions (243).

Part II: ABA Application and Scoping

    This part provides application and scoping requirements for 
facilities subject to the ABA. The ABA covers facilities that are 
designed, built, altered, or leased with Federal funds. The Board's ABA 
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). The standards 
originally issued by these agencies are known as the Uniform Federal 
Accessibility Standards (UFAS).
    The Board based the ABA application and scoping documents (Chapters 
1 and 2) on those in Part 1 for ADA facilities to ensure greater 
consistency between the level of access required for ADA and ABA 
facilities. While differences or departures from the ADA scoping and 
application sections have been minimized, some are unavoidable due to 
differences between the ABA and ADA statutes and regulations issued 
under them. For example, the ABA covers facilities leased by Federal

[[Page 44113]]

agencies and the guidelines for the ABA reflect this statutory 
difference.
    In the final rule, differences between the ADA and ABA application 
and scoping chapters pertain to modifications and waivers, definitions, 
additions, leases, general exceptions (specifically existing elements 
and employee work areas), and provisions specific to private buildings 
and facilities. In the proposed rule, the Board raised a question 
concerning housing on military installations that was applicable only 
to the ABA guidelines.
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
    Definitions for ``joint use,'' ``lease,'' and ``military 
installation,'' 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). In addition, a definition of ``employee work 
area'' has been included in the ABA guidelines, consistent with the ADA 
guidelines.
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 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 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).
F203 General Exceptions
    Section F203.2 establishes a general exception for elements 
complying with earlier standards issued pursuant to the ABA or to 
section 504 of the Rehabilitation Act of 1973. This exception, or 
``grandfather clause,'' applies only to individual elements and applies 
only to the extent that earlier standards contain specific provisions 
for the required element. For example, UFAS Section 4.17 contains 
provisions for wheelchair accessible toilet compartments, but does not 
contain provisions for ambulatory accessible toilet compartments. The 
technical criteria for wheelchair accessible toilet compartments in 
these guidelines at section 604.8.1 differ from UFAS 4.17; however, if 
an existing wheelchair accessible toilet compartment complies with UFAS 
4.17 it need not comply with 604.8.1. On the other hand, where a 
Federal facility is altered, the toilet room may be subject to new 
accessibility requirements. In such cases, elements that were not 
addressed in earlier standards, such as the ambulatory accessible 
toilet stall, must be provided, unless it is technically infeasible to 
comply or a waiver or modification of the standards is obtained.
    The Board has added the exception at F203.2 because Federal 
agencies raised concerns that these guidelines contain provisions for 
leasing at section 202.6 that could require alterations to elements 
that would have been deemed accessible under UFAS. For example, when a 
new lease is negotiated, certain elements within the space must comply 
with 202.6 even if the space was previously occupied by the Federal 
agency. UFAS Section 4.1.6(1) (f) contains a provision that exempts 
elements in both federally owned and leased facilities from any new 
requirements for accessibility unless altered. These guidelines require 
leased facilities to provide certain accessible elements such as 
accessible routes, toilets, drinking fountains, and telephones. Where 
these elements comply with earlier standards, they need not comply with 
these guidelines. For example, section 602.2 of these guidelines 
requires drinking fountains to provide a forward approach while UFAS 
4.15.5 permits either a forward or parallel approach. Therefore, an 
existing drinking fountain providing a parallel approach and complying 
with UFAS 4.15.5 need not comply with section 602.2. An advisory note 
further clarifies that this exception does not effect a Federal 
agency's responsibilities under the Rehabilitation Act.
    The ADA guidelines specify a limited degree of access within 
employee work areas (203.9). The level of access is not similarly 
limited in ABA facilities, consistent with the ABA's statutory 
language. Consequently, there are specifications for work areas that 
apply to ADA facilities but not to ABA facilities. These provisions 
address circulation paths (206.2.8) and visual alarms (215.3), and 
include exceptions concerning technical specifications for accessible 
routes (403.5) and ramp handrails (405.8). Also, ADA scoping provisions 
for work surfaces are clarified in the final rule as not applying to 
those provided for use by employees (226.1). However, an exception is 
provided in the ABA guidelines for laundry equipment used only by 
employees (F214.1).
F214 Washing Machines and Clothes Dryers
    The ABA guidelines specifically exempt washing machines and clothes 
dryers provided for employee use (214.1). Other types of employee use 
equipment are not exempted. General exceptions for employee work areas 
in the ADA guidelines (203.9) effectively exempt laundry and other 
types of equipment used only by employees for work purposes. Laundry 
equipment that is provided for use by employees as part of their 
housing, recreation, or other accommodation must be accessible because 
that equipment is not used by the employee to perform job related 
duties.
Private Buildings and Facilities
    Certain provisions in the ADA scoping document are specific to 
private buildings and facilities (i.e., places of public accommodation 
and commercial facilities). These include an exception

[[Page 44114]]

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) and TTY 
scoping provisions specific to private buildings (217.4.2.2 and 
217.4.3.2). These provisions are not included in the ABA guidelines.
F228 Depositories, Vending Machines, Change Machines, and Mail Boxes
    The Board has clarified coverage of fuel dispensers in the final 
rule by adding a reference to them in the both the ADA scoping document 
(section 228) and the ABA scoping document (section F228). These 
elements are subject to requirements for operable parts in section 309, 
which specify location within accessible reach ranges and maximum 
operating forces. Exceptions to these requirements are provided for 
fuel dispensers. In the final rule, the Board has exempted coverage of 
fuel dispensers used only for fueling official government vehicles, 
such as postal and military vehicles. The Board considered such an 
exception appropriate to minimize the impact on elements used only by 
employees as part of their work responsibilities. A similar exception 
was not included in the corresponding provision for facilities covered 
by the ADA because such facilities are held to a different level of 
access with respect to work areas. The ADA scoping document, unlike its 
ABA counterpart, does not require elements within work areas used only 
by employees to be accessible.
F234 Residential Facilities
    Requirements for residential dwelling units subject to the ABA are 
substantively consistent with the ADA scoping document in 
distinguishing between residential facilities subject to HUD 
regulations (F233.2) and those that are not (F233.4). As discussed 
above in section 233, the Board has sought to ensure consistency 
between the requirements of this rule and regulations for housing 
issued by HUD. In addition, the Board has included provisions specific 
to housing provided on military installations (F233.3) which are 
consistent with those for facilities not covered by HUD regulations. 
The term ``military installation,'' as defined in the final rule 
(F106.5), applies to all facilities of an installation, whether or not 
they are located on a common site.
    The proposed rule did not include an exception for military housing 
that is provided in the current standards used to enforce the ABA 
(UFAS). UFAS (4.1.4(3)) permits the Department of Defense (DOD) the 
option of modifying dwelling units as needed on an installation-by-
installation basis (4.1.4(3)), as opposed to providing access at the 
time of construction as is required for other types of dwelling units. 
This flexibility allows the military departments to modify units for 
access to suit the needs of families with disabilities.
    Comment. The Board sought comment on whether the final rule should 
include a similar provision that would permit accessible dwelling units 
under control of the DOD to be designed to be readily and easily 
modifiable to be accessible provided that modifications are 
accomplished on a first priority basis when a need is identified 
(Question 17). The vast majority of comments, most of which were from 
persons with disabilities, opposed such a provision. DOD supported 
retaining this exception, consistent with UFAS, since it provides 
appropriate flexibility in accommodating families with disabilities at 
military installations.
    Response. The Board has not included an exception for military 
housing in the final rule. Consistent with the proposed rule, certain 
exceptions are provided for residential dwelling units generally that 
permit the installation of accessible features after construction if 
specified conditions are met. For example, grab bars do not have to be 
installed during the construction of residential dwelling units if the 
proper reinforcement is provided to facilitate their later installation 
as needed.

Chapter 3: Building Blocks

    Chapter 3 contains basic technical requirements that form the 
``building blocks'' of accessibility as established by the guidelines. 
These requirements address floor and ground surfaces (302), changes in 
level (303), wheelchair turning space (304), clear floor or ground 
space (305), knee and toe clearance (306), protruding objects (307), 
reach ranges (308), and operable parts (309). They are referenced by 
scoping provisions in Chapter 2 and by requirements in subsequent 
technical chapters (4 through 10).
    Most comments addressed requirements for reach ranges and operable 
parts. Substantive revisions made in the final rule include:
     Lowering the maximum height for side reaches from 54 to 48 
inches (308.3.1).
     Providing a limited exception from this requirement for 
gas pumps (308.3.1 and 308.3.2, Exception 2) and an exception for the 
operable parts of gas pumps (309.4).
     Adding an exception from requirements for obstructed side 
reaches to accommodate the standard height of laundry equipment 
(308.3.2, Exception 1).
302 Floor or Ground Surfaces
    Section 302 requires floor or ground surfaces to be stable, firm, 
and slip resistant and provides specifications for carpets and surface 
openings.
    Comment. Slip-resistance is based on the frictional force necessary 
to keep a shoe heel or crutch tip from slipping on a walking surface 
under conditions likely to be found on the surface. The Board was urged 
to reference specifications and testing protocols for slip resistance, 
in particular those developed by Voices of Safety International.
    Response. Historically, the Board has not specified a particular 
level of slip resistance since it can be measured in different ways. 
The assessed level (or static coefficient of friction) varies according 
to the measuring method used. It is the Board's understanding that 
various industries each employ different testing methods and that there 
is no universally adopted or specified test protocol. The final rule 
does not include any technical specifications or testing methods for 
slip resistance as recommended by comments. The Board has chosen not to 
reference specifications that have not been vetted by the model codes 
community or developed through established industry procedures 
governing the adoption of consensus standards and specified test 
methods.
    The final rule includes exceptions developed in a separate 
rulemaking on recreation facilities that exempts animal containment 
areas and areas of sports activity from the requirements for floor or 
ground surfaces.
303 Changes in Level
    Section 303 addresses vertical changes in level in floor or ground 
surfaces. No changes have been made to this section. Exceptions for 
animal containment areas and areas of sports activity established in 
rulemaking on recreation facilities are included in the final rule.
304 Turning Space
    Minimum spatial requirements are specified for wheelchair turning 
space. This section permits either a 60 inch diameter circle or a T-
shaped design. Objects that provide sufficient knee and toe clearance 
can overlap a limited portion of the turning space.
    Comment. Comments urged that the minimum dimensions for turning 
space be increased to better accommodate scooters and motorized 
wheelchairs.

[[Page 44115]]

Recommendations ranged from 64 to 68 inches for the diameter of 
circular space and the overall dimensions of the T-shaped space. The 
overlap of this space by other elements should be prohibited or further 
restricted according to some of these comments because knee and toe 
clearances do not accommodate the front tiller of scooters.
    Response. The lack of consensus on the dimensions for larger 
turning space and the absence of supporting data points to the need for 
research on the spatial turning requirements for scooters and other 
powered mobility aids. The Board believes that such research is needed 
before any changes to the long-standing criteria for turning space are 
made. The Board is sponsoring a long-term research project on scooters 
and other powered mobility aids through the Rehabilitation Engineering 
Research Center on Universal Design.
305 Clear Floor or Ground Space
    Section 305 provides requirements for the basic space allocation 
for an occupied wheelchair. Few comments addressed this section, and no 
substantive changes have been made.
306 Knee and Toe Clearance
    Section 306 defines the minimum clearances for knees and toes 
beneath fixed objects. Few comments addressing this section were 
received. The only changes made to this section are editorial in nature 
for purposes of clarity.
307 Protruding Objects
    Objects mounted on walls and posts can be hazardous to persons with 
vision impairments unless treated according to the specifications in 
section 307 for protruding objects. Objects mounted on walls above the 
standard sweep of canes (i.e., higher than 27 inches from the floor) 
and below the standard head room clearance (80 inches), are limited to 
a 4 inch depth. Objects mounted on posts within this range are limited 
to a 12 inch overhang.
    Comment. Several commenters called for the 27 inch triggering 
height to be reduced. Recommendations ranged from 15 to 6 inches. 
Comments also recommended that post-mounted objects be held to the 
requirements for wall-mounted objects.
    Response. Post-mounted objects are common along sidewalks, street 
crossings, and other public rights-of-way. The Board intends to develop 
guidelines specific to public rights-of-way in a separate rulemaking. 
This other rulemaking will address and invite comment on protruding 
objects in public rights-of-way. With respect to the mounting height 
above which requirements for protruding objects apply (27 inches), the 
Board believes research is needed to further assess this specification. 
No substantive changes have been made to the provisions for protruding 
objects in the final rule.
308 Reach Ranges
    Accessible reach ranges are specified according to the approach 
(forward or side) and the depth of reach over any obstruction. The 
proposed rule, consistent with the original ADAAG, specified maximum 
heights of 48 inches for a forward reach and 54 inches for a side 
reach. In the final rule, the maximum side reach has been lowered to 
the height specified for forward reaches. Exceptions to this 
requirement and a related provision for reaches over obstructions have 
been added for gas pumps, laundry equipment, and elevators.
    The ADAAG Review Advisory Committee's report, upon which the 
proposed rule was largely based, 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 proposed retaining the 54 inch 
side reach maximum pending further information on the need for, and 
impact of, such a change in view of its application to a wide and 
varied range of controls and elements. However, the Board acknowledged 
that the ANSI A117.1-1998 standard included such a change, which would 
mitigate the impact of similar action by the Board in view of new codes 
based on the ANSI A117.1 standard.
    Comment. Several hundred comments, almost a fifth of the total 
received in this rulemaking, addressed the merits of lowering the side 
reach maximum. The vast majority urged lowering the side reach, 
consistent with the advisory committee's recommendation. Most of these 
comments were submitted by persons of short stature and disability 
groups. These commenters, as well as the ANSI A117 Committee and the 
Little People of America, stated that the unobstructed high reach range 
requirement should be lowered to 48 inches to help meet the needs of 
people of short stature, people with little upper arm strength and 
movement, and people with other disabilities. This change would enhance 
consistency between the guidelines and other codes and standards. 
Comments called attention to difficulties people encounter accessing 
ATMs, vending machines, and gas pumps. Various trade and industry 
groups opposed lowering the side reach range due to concerns about the 
impact and cost on various types of equipment, including those 
highlighted by other comments as difficult to reach. In particular, gas 
pump manufacturers outlined the difficulties in designing a fuel 
dispenser that would meet the 48 inch requirement. Gas pumps are often 
located on curbs at least 6 inches high for safety reasons. In 
addition, safety and health regulations require distance between the 
electronics of the pump and the dispenser. Comments from the elevator 
industry noted that a 48 inch maximum height would adversely impact the 
design of elevator controls.
    The Board held a public meeting in October, 2000 to collect further 
information on this issue. Persons of short stature and disability 
groups reiterated the need for lowering the side reach to 48 inches. 
ATM manufacturers noted that they could meet the 48 inch maximum height 
for most new models of ATMs. Gas pump manufacturers demonstrated the 
difficulties in meeting the 48 inch height requirement in view of their 
current designs and safety and health design requirements. The gas pump 
manufacturers impressed upon the Board the great difficulty of 
installing a redesigned gas pump on an existing curb. They contended 
that although it would be possible to redesign gas pumps to be 48 
inches to the highest operable part, even when installed on a curb, 
such gas pumps would have non-uniform fittings. They noted that 
installing them would be costly and could necessitate removing the 
entire curb.
    Response. The maximum side reach height has been lowered from 54 to 
48 inches. An exception is provided for the operable parts of fuel 
dispensers, which are permitted to be 54 inches high maximum where 
dispensers are installed on existing curbs. This exception responds to 
industry's concern regarding costs associated with alterations and will 
permit the existing stock of gas pumps that are currently within 54 
inches to be used. In addition, certain exceptions are provided for 
elevators in section 407, consistent with the ANSI A117.1 standard.
    Comment. Requirements for side reaches over an obstruction in 
308.3.2 limit the height of the obstruction to 34 inches maximum. A 
major manufacturer of laundry equipment indicated that this 
specification would significantly impact

[[Page 44116]]

the standard design of clothes washers and dryers, which have a 
standard work surface height of 36 inches. Complying with a 34 inch 
maximum height would decrease machine capacity and involve substantial 
redesign and retooling to develop compliant top-loading and front-
loading machines.
    Response. An exception has been added that permits the top of 
washing machines and clothes dryers to be 36 inches maximum above the 
floor.
309 Operable Parts
    Specifications for operable parts address clear floor space, 
height, and operating characteristics. Operable parts are required to 
be located with the reach ranges specified in 308. In addition, they 
must be operable with one hand and not require tight grasping, 
pinching, twisting of the wrist, or more than 5 pounds of force to 
operate.
    Comment. The proposed rule included an exception from the height 
requirements in 309.3 for special equipment and electrical and 
communications systems receptacles. This exception's coverage of 
various operable parts was considered to be too broad.
    Response. This exception has been revised to specifically cover 
operable parts that are ``intended for use only by service or 
maintenance personnel,'' ``electrical or communication receptacles 
serving a dedicated use,'' and ``floor electrical receptacles.'' 
However, since such equipment may merit exception from other criteria 
for operable parts besides the height specifications, this exception 
has been recast as a general exception from section 309 and has been 
relocated to the scoping requirement for operable parts in Chapter 2 
(see section 205.1, exceptions 1, 2, and 4).
    Comment. Gas pump manufacturers indicated that the safety 
requirements for the operation of gas pump nozzles effectively preclude 
a maximum operating force of 5 pounds.
    Response. An exception has been added to 309.4 that permits gas 
pump nozzles to have an activating force greater than 5 pounds.
    Comment. The Board sought comment on whether the maximum 5 pounds 
of force was appropriate for operating 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 for activation. Specifically, 
the Board asked 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 18) and whether 
there were any types of operable parts that could not meet, or would be 
adversely affected by such criteria (Question 19). The few comments 
received on this issue were evenly divided on the merits of adding 
these specifications. Comments noted that they would pose problems for 
fare machines and interactive transaction machines designed to 
withstand vandalism and misuse, various types of plumbing products, 
dishwashers and laundry machines, and amusement games and attractions. 
The elevator industry indicated that the noted specifications would not 
pose a problem in the design of elevators.
    Response. Due to the limited support expressed and the potential 
impacts raised by commenters, a maximum 3.5 pounds of force and a 
maximum 1/10 inch stroke depth for operable parts activated by a single 
finger has not been included in the final rule.

Chapter 4: Accessible Routes

    Chapter 4 contains technical requirements for accessible routes 
(402) and the various components of such routes, including walking 
surfaces (403), doors, doorways and gates (404), ramps (405), curb 
ramps (406), elevators (407 through 409), and platform lifts (410). In 
the proposed rule, this chapter included requirements for accessible 
means of egress and areas of refuge (409 and 410). These sections have 
been removed, as discussed above at section 207. The scoping provisions 
for accessible means of egress at section 207 now reference 
corresponding requirements in the International Building Code (IBC). 
Information on the IBC is available on the Board's Web site at 
www.access-board.gov and in advisory notes.
402 Accessible Routes
    Section 402 lists the various elements that can be part of an 
accessible route: walking surfaces, doorways, ramps, elevators, and 
platform lifts. Walking surfaces must have a running slope of 1:20 or 
less. Those portions of accessible routes that slope more than 1:20 
must be treated as ramps or curb ramps.
    Comment. Comments noted that curb ramps should be included in the 
list of accessible route components.
    Response. A reference to curb ramps has been added to this list in 
the final rule (402.2). In addition, the Board has clarified that only 
the run of curb ramps, not the flared sides, can be considered part of 
an accessible route.
403 Walking Surfaces
    Requirements in 403 for walking surfaces apply to portions of 
accessible routes existing between doors and doorways, ramps, 
elevators, or lifts. The requirements for walking surfaces derive from 
existing specifications for accessible routes covering floor or ground 
surfaces, slope, changes in level, and clearances. Revisions made to 
this section include:
     Adding an exception for circulation paths in employee work 
areas (403.5, Exception).
     Removing redundant specifications for protruding objects 
(403.5.3 in the proposed rule).
     Addressing handrails provided along walking surfaces 
(403.6).
    The final rule requires that common use circulation paths within 
work areas satisfy requirements for accessible routes (203.9). This 
provision does not require full accessibility within the work area or 
to every individual work station, but does require that a framework of 
common use circulation pathways within the work area as a whole be 
accessible. These circulation paths must be accessible according to 
requirements for accessible routes and walking surfaces. Section 403.5 
includes requirements for the clear width of walking surfaces. The 
Board has included an exception to section 403.5 which recognizes 
constraints posed by various types of equipment on the width of 
circulation paths. Under this exception, the specified clearance for 
common use circulation paths within employee work areas can be reduced 
by equipment where such a reduction is essential to the function of the 
work being performed.
    The proposed rule included a requirement that protruding objects 
not reduce the required clear width of walking surfaces (403.5.3). The 
Board has removed this requirement as redundant. Section 307, which 
addresses protruding objects, specifies that such objects not reduce 
the clear width of accessible routes (307.5).
    Comment. Requirements for handrails in the proposed rule applied 
only to those provided along ramps and stairs. The handrail 
requirements in section 505 address specifications for continuity, 
height, clearance, gripping surface, cross section, fittings, and 
extensions. The Board sought comment on whether these requirements 
should also be applied to handrails that are provided along portions of 
circulation paths without ramps or stairs (Question 20). The few 
comments that addressed

[[Page 44117]]

this question supported the inclusion of such a requirement.
    Response. In the final rule, the Board has included a requirement 
at section 403.6 that handrails, where provided along walking surfaces 
not treated as a ramp (i.e., those with running slopes no steeper than 
1:20), meet the technical criteria in section 505. The Board has 
included provisions in section 505 that exempt walking surfaces from 
requirements for handrails on both sides and from requirements for 
handrail extensions.
    Comment. Section 403.5 specifies a continuous clearance of 36 
inches minimum for walking surfaces. Wider clearances are specified for 
wheelchair passing space (60 inches minimum) and certain sharp turns 
around narrow obstructions. Several comments urged an increase in the 
specified clearances for walking surfaces, such as a 48 inch minimum 
for exterior routes, and an increase in wheelchair passing space to 66 
inches.
    Response. No revisions have been made to the specified clearance of 
walking surfaces. The minimum width of exterior routes on public 
streets and sidewalks will likely be revisited in supplementary 
guidelines specific to public rights-of-ways that the Board intends to 
develop. These supplementary guidelines will be proposed for public 
comment.
404 Doors, Doorways, and Gates
    This section covers both doors, doorways, and gates that are 
manually operated (404.2) and those that are automated (404.3). Changes 
made to the requirements for manually operated doors:
     Clarify coverage of gates and the application of this 
section to manual doors and doorways intended for user passage (404.2).
     Clarify and modify maneuvering clearance requirements 
(404.2.4).
     Modify requirements for doors and gates in series 
(404.2.6).
     Clarify the height of door and gate hardware and add an 
exception for gates at pools, spas, and hot tubs (404.2.7).
     Revise an exception for door and gate surface requirements 
(404.2.10, Exception 2) and add a new exception for existing doors and 
gates (Exception 4).
    In the proposed rule, section 404 referenced doors and doorways. 
The original ADAAG included a provision for gates which were subject to 
all relevant specifications for doors and doorways. The final rule 
includes references to gates throughout section 404 so that they are 
equally covered, consistent with the intent of this section and with 
scoping provisions for doors, doorways, and gates in section 206.5. In 
addition, clarification has been added that the requirements for manual 
doors, doorways, and gates in section 404.2 apply to those ``intended 
for user passage.''
    Comment. Commenters requested that the Board specifically address 
doors which do not provide user passage.
    Response. Section 404, as all of Chapter 4, addresses accessible 
routes and components of such routes. Doors which do not provide user 
passage would not be considered part of an accessible route. However, 
doors not providing user passage, such as those at many types of 
closets and wall mounted cabinets, are subject to requirements for 
storage (811) and for operable parts (309) where they are required to 
be accessible.
    Section 404.2.4 addresses maneuvering clearances at manual doors, 
doorways, and gates. It includes tables that specify these clearances 
according to the type of door, doorway, or gate (swinging, sliding, 
folding, and doorways without doors or gates) and the approach (front, 
latch side, hinge side). Clearances are specified for the pull side and 
the push side in the case of swinging doors. The final rule includes 
clarification, which was partially contained in a previous footnote to 
Table 404.2.4.1, that maneuvering clearances ``shall extend the full 
width of the doorway and the required latch side or hinge side 
clearance,'' consistent with corresponding figures.
    Comment. The proposed rule exempted doors to hospital patient rooms 
that are at least 44 inches wide from the specifications for latch side 
clearances. This exception derives from the original ADAAG and was 
intended to apply to those types of patient rooms where patients are 
typically transported in and out by hospital staff. Commenters pointed 
out that this exception should be limited to acute care patient 
bedrooms, as in the original ADAAG. The 44 inch specification pertains 
to the clear opening width of doors intended to accommodate gurneys.
    Response. The exception, located at section 404.2.4 in the final 
rule, remains generally applicable to entry doors serving hospital 
patient rooms. The 44 inch width criterion has been removed so that the 
exception may be applied without regard to the door width. The Board 
opted not to limit the application of this exception due to concerns 
about the impact on the standard design and size of patient rooms. 
Doors to patient rooms are often located close to adjacent interior 
walls in order to facilitate circulation and to enhance privacy. As a 
matter of design, practice, or code requirement, such doors are 
typically wider in order to accommodate beds and gurneys.
    Comment. Table 404.2.4.1 specifies maneuvering clearances for 
manual swinging doors and gates. At doors that provide a latch side 
approach, the minimum depth of this clearance is increased where a 
closer is provided because additional space is needed to counteract the 
force of closers while maneuvering through the door from either the 
push or the pull side. In the proposed rule, this additional depth (6 
inches) was specified when both a closer and a latch are provided. 
Comments indicated that this requirement should apply based on the 
provision of a closer since the addition of a latch does not impact the 
need for additional maneuvering clearance.
    Response. The specification in Table 404.2.4.1, footnote 4, has 
been revised to apply where a closer is provided at doors with latch 
side approaches. The reference to latches has been removed.
    Comment. Section 404.2.5 addresses the height of thresholds. A 
maximum height of \1/2\ inch is generally specified, although an 
exception permits a maximum height of `` inch at existing or altered 
thresholds that have a beveled edge on each side. Many comments opposed 
any threshold height above \1/2\ inch. Conversely, a few comments urged 
that this exception be broadened to restore a similar allowance for 
exterior sliding doors.
    Response. The Board has retained the \3/4\ inch height allowed for 
thresholds with a beveled edge on each side that are existing or 
altered because compliance with the \1/2\ inch requirement can, in some 
cases, significantly increase alteration costs and necessitate 
replacement of door assemblies. An exception in original ADAAG that 
allowed a \3/4\ inch threshold at exterior sliding doors was removed in 
the proposed rule because products are available, including swinging 
doors, that meet the \1/2\ inch maximum specified for all other doors. 
No changes to the criteria for thresholds have been made in the final 
rule.
    Section 404.2.6 specifies the minimum separation between doors and 
gates in series (48 inches plus the width of doors or gates swinging 
into the space). The proposed rule, consistent with the original ADAAG, 
included a requirement that doors and gates in series swing either in 
the same direction or away from the space in between. The Board has 
removed this requirement for consistency with the ANSI A117.1 standard. 
The required separation

[[Page 44118]]

between doors and gates in series and specifications for maneuvering 
clearances at doors will ensure sufficient space regardless of the door 
swing.
    The height of door and gate hardware (34 to 48 inches) is specified 
in section 404.2.7. In the final rule, the Board has clarified that 
this height pertains to the operable parts of hardware, consistent with 
the ANSI A117.1 standard.
    In finalizing this rule and incorporating its guidelines for 
recreation facilities, the Board determined that the specified height 
for door and gate hardware conflicts with industry practice or safety 
standards for swimming pools which specify a higher range for the 
location of latches beyond the reach of young children. The Model 
Barrier Code for Residential Swimming Pools, Spas, and Hot Tubs (ANSI/
NSPI-8 1996) permits latch releases for chain link or picket fence 
gates to be above 54 inches. The model safety standard does not apply 
this requirement to key locks, electronic openers, and integral openers 
which have a self-latching device that is also self-locking. To 
reconcile this conflict, the Board has added an exception in the final 
rule for barrier walls and fences protecting pools, spas, and hot tubs 
(404.2.7, Exception 2). Under this exception, a 54 inch maximum height 
is permitted for the operable parts of the latch release on self-
latching devices. Although the final guidelines specify 48 inches as 
the maximum forward or side reach, the original ADAAG recognized a 
maximum of 54 inches for side reach. Consistent with the model safety 
standard, this exception is not permitted for self-locking devices 
operated by keys, electronic openers, or integral combination locks.
    Comment. Section 404.2.7 also covers the operating characteristics 
and height of door and gate hardware. An exception is provided for 
``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 advisory committee had recommended a broader 
exception that would have permitted any location for locks used only 
for security purposes and not for normal operation. Several comments 
preferred the exception put forth by the advisory committee over the 
one proposed by the Board.
    Response. The Board sought to limit the exception to existing doors 
or grilles because design solutions for accessible doors and gates are 
available in new construction. In addition, the Board felt that the 
advisory committee's language concerning ``locks used only for security 
purposes'' could be construed as applying to any lock. No changes have 
been made to the exception.
    Comment. Section 404.2.9 addresses the opening force of doors and 
gates. The provisions are consistent with existing ADAAG specifications 
by requiring a maximum 5 pounds of force for sliding, folding, and 
interior hinged doors. Fire doors are required to have the minimum 
opening force permitted by the appropriate administrative authority. No 
maximum opening force was proposed for exterior hinged doors. Many 
comments urged the Board to address exterior hinged doors, with a 
majority proposing a maximum of 8.5 pounds of force. Where this maximum 
cannot be met, the door should be required to be automatic or power-
assisted, according to these comments. Some commenters felt that 
automatic doors should be made mandatory regardless of the opening 
force of manual hinged doors.
    Response. Historically, the Board has not specified a maximum 
opening force for exterior hinged doors to avoid conflicts with model 
building codes. The closing force required by building codes usually 
exceeds 5 pounds, the maximum considered to be accessible. Factors that 
affect closing force include the weight of the door, wind and other 
exterior conditions, gasketing, air pressure, heating, ventilation, and 
air conditioning (HVAC) systems, and energy conservation, among others. 
Research previously sponsored by the Board indicates that a force of 15 
pounds is probably the most practicable as a specified maximum. 
Considering that closing force is 60% efficient, a 15 pound maximum for 
opening force may be sufficient for closure and positive latching of 
most doors, but is triple the recognized maximum for accessibility. A 
maximum opening force for exterior hinged doors has not been included 
in the final rule.
    Section 404.2.10 requires that swinging doors and gates have a 
smooth surface on the push side that extends their full width. 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. This provision requires that parts 
creating joints in the smooth surface are to be within \1/16\ inch of 
the same plane as the other. Also, cavities created by added kick 
plates must be capped. Exceptions from this requirement are recognized 
for sliding doors (Exception 1), certain tempered glass doors without 
stiles (Exception 2), doors and gates that do not extend to within 10 
inches of the floor or ground (Exception 3), and existing doors and 
gates (Exception 4).
    Comment. Exception 2 exempts tempered glass doors without stiles 
that have a bottom rail or shoe with the top leading edge tapered at 60 
degrees minimum from the horizontal. Comments indicated that these 
types of doors should be exempt from the requirement for the smooth 
surface area on the push side, but should be subject to other portions 
of the provision covering surface joints and added kick plates.
    Response. In the final rule, section 404.2.10, Exception 2 has been 
revised to exempt the type of tempered glass doors described only from 
the requirement for a smooth surface on the push side that extends the 
full width of the door. Such doors remain subject to specifications for 
parts creating joints in the surface and for provided kick plates.
    In finalizing the rule, the Board determined that the cost of 
making existing doors or gates comply with the smooth surface 
requirement in alterations can be significant. An exception from this 
requirement for existing doors and gates is provided in the final rule 
(404.2.9, Exception 4). Under this exception, such doors or gates do 
not have to comply with the surface requirements, provided that 
cavities created by added kick plates are capped.
    Section 404.3 addresses automatic doors and gates, including those 
that are full-powered, low-energy, and power-assisted. In addition to 
the provisions of section 404.3, such doors are subject to industry 
standards (ANSI/BHMA 156.10 and 156.19). The reference to these 
standards in section 105.2 has been updated in the final rule to refer 
to the most recent editions: ANSI/BHMA A156.10-1999 Power-Operated 
Pedestrian Doors and the 1997 or 2002 editions of ANSI/BHMA A156.19 
Power-Assist and Low-Energy Power-Operated Doors. The Board's Web site 
at www.access-board.gov provides further information on these 
referenced standards. Provisions in section 404.3 address clear width; 
maneuvering clearance; thresholds; doors and gates in series; operable 
parts; break out opening; and revolving doors, gates, and turnstiles.
    Changes made to this section include:
     Removal of unnecessary language from the charging 
statement (404.3).
     Modification of maneuvering clearance specifications 
(404.3.2).
     Removal of requirements for door labels and warnings 
(404.3.6 in the proposed rule).
     Revision of specifications for break out opening 
(404.3.6).

[[Page 44119]]

     Addition of a provision for revolving doors, gates, and 
turnstiles (404.3.7).
    Comment. In the proposed rule, section 404.3 noted that 
``[a]utomatic doors shall be permitted on an accessible route.'' 
Commenters indicated that this language was unnecessary since any type 
of door complying with section 404 may be on an accessible route 
(404.1).
    Response. The statement permitting automatic doors on accessible 
routes in section 404.3 has been removed.
    In the proposed rule, section 404.3.2 required that maneuvering 
clearances specified for swinging doors be provided at power-assisted 
doors and gates since their activation, unlike those that are fully 
automated, involves manual operation. In the final rule, this provision 
has been revised to also apply to automatic doors and gates not 
equipped with standby power that are part of an accessible means of 
egress. In cases of building power failure, this will help provide 
access where manual operation of the door or gate is required, unless 
the opening device has its own back-up power supply. A new exception 
exempts those automatic doors or gates that remain open in the power-
off condition since manual operation is not necessary during power 
outages.
    The proposed rule included a requirement that labels and warning 
signs for automatic doors meet requirements in section 703.4 for non-
tactile signage (404.3.6). The Board has removed this requirement in 
the final rule since the referenced industry standards address the 
characteristics of these signs and labels.
    Comment. In the proposed rule, the Board included a requirement 
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). Several 
comments opposed this requirement because of a common accessibility 
retrofit in which 60 inch wide double doors are automated so that both 
30 inch leaves open simultaneously to meet the minimum 32 inch clear 
opening requirement. However, neither leaf would provide the minimum 32 
inch clearance in emergency mode required by this provision.
    Response. The Board has revised the requirement so that it applies 
only to those automatic doors and gates without standby power that are 
part of a means of egress (404.3.6). Automatic doors equipped with 
backup power would meet this requirement, including those with double 
leaves less than 32 inches wide. In addition, the Board has added an 
exception under which compliance with this provision is not required 
where accessible manual swinging doors or gates serve the same means of 
egress.
    Comment. A commenter advised that no revolving doors or turnstiles 
should be permitted on an accessible route.
    Response. As indicated in the proposed rule, manual revolving 
doors, gates, and turnstiles cannot be part of an accessible route 
(404.2.1). The Board has included a provision clarifying that automatic 
types of revolving doors, gates, and turnstiles cannot be the only 
means of passage at an accessible entrance (404.3.7). While automated 
revolving doors, if large enough, may be usable by people with 
disabilities, certain questions remain about the appropriate maximum 
speed, minimum diameter, compartment size, width and configuration of 
openings, break out openings, and safety systems such as motion 
detectors that stop door movement without contact. An alternate door in 
full compliance with 404 is considered necessary since some people with 
disabilities may be uncertain of their usability or may not move 
quickly enough to use them.
405 Ramps
    Section 405 provides technical criteria for ramps. Revisions made 
to this section include:
     A new exception for ramps in assembly areas (405.1).
     Removal of an exception for ramp slopes in historic 
facilities (405.2).
     Addition of exceptions for ramps in employee work areas 
(405.5 and 405.8).
     Clarification of specifications for ramp landings (405.7).
    Comment. Requirements for ramps apply to portions of accessible 
routes that slope more than 1:20. Technical provisions address running 
slope, cross slope, handrails, landings, edge protection, and other 
elements. Comments from designers of assembly areas requested that the 
guidelines make clear that ramps adjacent to seating in assembly areas 
that are not part of a required accessible route do not have to comply 
with the guidelines. Often, it is not practicable that such ramps meet 
requirements for handrails, edge protection, running slope, and other 
specifications.
    Response. An exception has been added in the final rule (405.1) for 
ramps adjacent to seating in assembly areas, which are not required to 
comply with the guidelines provided that they do not serve elements 
required to be on an accessible route.
    Section 405.2 specifies a maximum running slope of 1:12 for ramps. 
Alternate slope requirements are permitted for short ramps in existing 
facilities where space constraints effectively prohibit a 1:12 running 
slope. A 1:10 maximum slope is permitted for ramps with a rise of up to 
6 inches, and a maximum 1:8 slope is allowed for ramps with a rise of 
up to 3 inches.
    Comment. Commenters recommended that language in the original ADAAG 
be restored calling for the ``least possible slope'' to be used, with 
1:12 being the maximum allowed.
    Response. While the least possible slope is generally desired for 
easier access, this language had been removed because it is considered 
too vague from a compliance standpoint and thus difficult to enforce. 
The final rule, consistent with the proposed rule, specifies only that 
the maximum slope shall be 1:12.
    Comment. The proposed rule included an exception for qualified 
historic structures (405.2, Exception 2) that would have permitted a 
running slope of 1:6 maximum for ramps no longer than 24 inches. 
Commenters urged that this exception be removed for consistency with 
the ANSI A117.1-1998 standard and the International Building Code 
(IBC).
    Response. This exception for qualified historic facilities has been 
removed in the final rule. Such facilities, however, may qualify for 
the exceptions generally permitted for existing facilities that have 
been retained in the final rule.
    The final rule includes exceptions for ramps located in employee 
work areas. Common use circulation paths within such areas are subject 
to requirements for accessible routes (203.9). These circulation paths 
must be accessible according to requirements for accessible routes, 
including ramps. Exceptions included in the final rule for the clear 
width (405.5) and handrails (405.8) of ramps located in employee work 
areas recognize constraints posed by various types of equipment. 
Employee work area ramps do not have to meet the specified 36 inch 
minimum clear width where a decrease is necessary due to equipment 
within the work area so long as the decrease is essential to the work 
being performed. Ramps within employee work areas are not required to 
have handrails if they are designed to permit the later installation of 
complying handrails. A clearance of 36 inches between handrails is 
required, except at those ramps that qualify for the clear width 
exception in 405.5.
    Comment. Section 405.7 addresses ramp landings, including the 
minimum

[[Page 44120]]

width and length (405.7.2 through 405.7.4). A commenter suggested that 
these provisions be revised to the ``clear'' dimension for clarity and 
consistency.
    Response. Specifications for ramp landings have been revised in the 
final rule, as suggested, to refer to the ``clear'' dimension.
406 Curb Ramps
    Section 406 provides requirements specific to curb ramps and also 
applies requirements for other types of ramps covered by section 405. 
These include specifications for running slope, surface, clear width, 
and wet conditions. Consistent with the scope of the guidelines, these 
requirements apply to facilities on sites. The Board will address and 
invite comment on requirements for curb ramps located in public streets 
and sidewalks in upcoming rulemaking to develop supplementary 
guidelines specific to public rights-of-way. This supplement will be 
proposed for public comment based on recommendations from the Board's 
Public Rights-of-Way Access Advisory Committee, which was comprised of 
representatives from the transportation industry, Federal, State and 
local government agencies, the disability community, and design and 
engineering professionals. This committee's recommendations are 
contained in a report, ``Building a True Community,'' which was 
submitted to the Board in January 2001.
    Provisions for curb ramps in section 406 have been revised to:
     Clarify requirements for cross slope (406.1).
     Modify specifications for side flares (406.3) and landings 
(406.4).
     Delete unnecessary language concerning handrails (406.4 in 
the proposed rule).
     Clarify the specified location of curb ramps (406.5).
     Change specifications for diagonal curb ramps (406.6).
    Comment. Comments indicated that specifications for cross slope 
(1:48 maximum) are not referenced in the curb ramp section.
    Response. In the final rule, the Board has clarified that curb 
ramps, like other elements of accessible routes, cannot have a cross 
slope steeper than 1:48, by adding a reference to the cross slope 
specification for ramps in section 405.3.
    Section 406.3 addresses the sides of curb ramps and specifies that 
side flares, where provided, have a slope of 1:10 maximum. In the 
proposed rule, this provision required flared sides where pedestrians 
must walk across the curb ramp. Returned sides were permitted where 
pedestrians would not normally walk across the ramp. In the final rule, 
this distinction has been removed. However, curbs with returned sides 
remain an alternative to flared sides. In addition, the specification 
for shallower (1:12) side flares for curb ramps with limited space at 
the top has been removed in conjunction with revisions to the criteria 
for landings (406.4).
    Comment. Commenters advised that landings should be specified at 
the top of curb ramps.
    Response. Section 406.4 is new to the final rule in clarifying 
requirements for landings at the top of curb ramps. Curb ramps must be 
connected by an accessible route which, in effect, requires space at 
least 36 inches in length at the top of curb ramps. Otherwise, 
maneuvering at the top of ramps would require turning on the flared 
sides. Landings must also be as wide as the curb ramp they serve. The 
proposed rule specified that side flares of 1:12 maximum must be 
provided when space at the top of curb ramps is less than 48 inches 
long. This specification has been removed. However, a similar exception 
has been added for alterations. Under this exception, 1:12 maximum side 
flares are required where there is no landing at the top of curb ramps. 
This exception was provided to address situations where existing space 
constraints or obstructions may prohibit a landing at the top of curb 
ramps.
    The proposed rule noted that handrails are not required on curb 
ramps (406.4 in the proposed rule). This language, though accurate, has 
been removed as unnecessary since the technical provisions for curb 
ramps in section 406 do not include or reference requirements for 
handrails.
    Section 406.5 specifies the location of curb ramps at marked 
crossings. In the final rule, requirements for the general location of 
curb ramps that were provided at section 406.8 in the proposed rule 
have been integrated into this provision for simplicity. As 
reformatted, section 406.5 covers the location of curb ramps, including 
at marked crossings.
    Comment. Curb ramps must be located so that they do not project 
into vehicular traffic lanes or parking spaces and access aisles. 
Commenters noted that this requirement should be clarified to apply not 
only to the run of the curb ramp, but also to flared sides, where 
provided.
    Response. Consistent with the intent of the requirement in section 
406.5, the Board has clarified that the specified location applies to 
curb ramps ``and the flared sides of curb ramps.''
    Comment. Section 406.6 provides specifications for diagonal (or 
corner type) curb ramps. These curb ramps must have a 48 inch minimum 
clear space at the bottom. Comments advised that this space should be 
provided outside active traffic lanes of the roadway so that persons 
traversing the ramp are not in the way of oncoming traffic from either 
direction at an intersection.
    Response. Clarification has been added in the final rule that the 
clear space at the bottom of diagonal curb ramps must be located 
``outside active traffic lanes of the roadway.''
    Comment. Requirements for diagonal curb ramps in section 406.6 also 
specify that a segment of straight curb at least 2 feet long must be 
provided on each side of the curb ramp and within the marked crossing. 
This portion of curb face provides a detectable cue to people with 
vision impairments traveling within the crosswalk. Comments noted that 
this segment of curb does not have to be horizontally straight to 
provide such a cue and that achieving straight segments two feet long 
within marked crossings is very difficult under standard intersection 
design conventions.
    Response. The requirement in section 406.6 that the 2 foot curb 
segment aside diagonal curb ramps be ``straight'' has been removed. The 
segment can be provided at arced portions of the curb, but must still 
be located within marked crossings.
    Comment. Comments, most from groups representing persons with 
vision impairments, called attention to the need for detectable 
warnings at curb ramps, blended curbs, and cut-through islands. They 
requested that such a requirement be reinstated in the final rule. A 
few comments opposed such a change.
    Response. The original ADAAG contained a requirement 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 (ADAAG 4.7.7). 
This warning was required since the sloped surfaces of curb ramps 
remove a tactile cue provided by curb faces. In response to concerns 
about the specifications, the availability of complying products, 
proper maintenance such as snow and ice removal, usefulness, and safety 
concerns, the Board, along with the Department of Justice (DOJ) and the 
Department of Transportation (DOT), suspended the requirement for

[[Page 44121]]

detectable warnings at curb ramps and other locations pending the 
results of a research project sponsored by the Board on the need for 
such warnings at these locations.\22\ The research project showed that 
intersections are very complex environments and that pedestrians with 
vision impairments use a combination of cues to detect intersections. 
The research project suggested that detectable warnings had a modest 
impact on detecting intersections since, in their absence, pedestrians 
with vision impairments used other available cues. The results of this 
research indicated that there may be a need for additional cues at some 
types of intersections, but did not identify the specific conditions 
where such cues should be provided.
---------------------------------------------------------------------------

    \22\ 59 FR 17442 (April 12, 1994).
---------------------------------------------------------------------------

    Suspension of this requirement continued until July 26, 2001, to 
accommodate the advisory committee's review of ADAAG and resulting 
rulemaking by the Board.\23\ The advisory committee recommended that 
the requirement for detectable warnings at platform edges in 
transportation facilities be retained, but it 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 that the application to locations within a site 
should be considered afterward. Consequently, the Board did not include 
requirements for detectable warnings in the proposed rule, except at 
boarding platforms in transit facilities. Nor did the Board further 
extend the suspension, which expired on July 26, 2001. Since the 
enforcing agencies did not extend the suspension either, the detectable 
warning requirements are technically part of the existing standards 
again. DOJ and DOT can provide additional guidance on their enforcement 
of these requirements pending the update of their standards according 
to these revised guidelines.
---------------------------------------------------------------------------

    \23\ 61 FR 39323 (July 29, 1996) and 63 FR 64836 (November 23, 
1998).
---------------------------------------------------------------------------

    The Board will address and invite comment on detectable warnings on 
curb ramps in its development of guidelines covering public rights-of-
way. Those guidelines will be proposed for public comment based on 
recommendations from the Public Rights-of-Way Access Advisory 
Committee. This committee's report to the Board makes recommendations 
for detectable warnings at curb ramps. Consistent with the ADAAG Review 
Advisory Committee's recommendation, the Board intends to address 
detectable warnings in public rights-of-way before including any 
specification generally applicable to sites. Thus, this final rule does 
not reinstate requirements for detectable warnings at curb ramps or 
hazardous vehicular areas.
407 Elevators
    Section 407 covers passenger elevators, including destination-
oriented elevators and existing elevators. This section also requires 
compliance with the industry safety code, ASME/ANSI A17.1-2000 Safety 
Code for Elevators and Escalators. The Board has revised the rule to 
reference the most recent edition of this code (105.2.2).
    The requirements for elevators have been extensively revised and 
reformatted. In the proposed rule, different types of elevators were 
covered by separate subsections: standard elevators (407.2), 
destination-oriented elevators (407.3), limited-use/limited-application 
elevators (407.4), and existing elevators (407.5). In addition, 
residential elevators were addressed in a separate chapter covering 
residential facilities (11). Since there was considerable redundancy in 
the specifications between some types of these elevators, the Board has 
integrated into one section (407) the requirements for standard, 
destination-oriented, and existing elevators. Basically, this revised 
section tracks the requirements for standard elevators in 407.2 of the 
proposed rule, but the provisions have been renumbered and formatted. 
Various exceptions specific to destination-oriented and existing 
elevators have been incorporated into this section to preserve the 
substance of differing specifications. Requirements for limited-use/
limited-application (LULA) elevators and residential elevators are 
provided in sections 408 and 409, respectively.
    Comment. The proposed rule applied requirements specifically to 
``new'' elevators, including destination-oriented and LULA types, and 
to ``existing'' elevators. However, substantive differences between 
requirements for ``new'' and ``existing'' elevators applied only to 
standard elevators. Comments recommended that references to ``new'' be 
removed for consistency with the rest of the document.
    Response. The Board has removed references to ``new'' in the 
requirements for elevators in sections 407 and 408 for consistency with 
the scoping of the guidelines. The requirements of these sections apply 
to existing elevators that are altered, consistent with the basic 
application of the guidelines. Provisions specific to ``existing'' 
elevators in section 407 address certain allowances permitted in the 
alteration of standard elevators.
    Substantive changes made to requirements for elevators in section 
407 include:
     Revision of the height of call controls (407.2.1.1).
     Removal of a specification concerning objects located 
below hall call buttons (407.2.2 in the proposed rule).
     Modification of specifications for audible hall signals 
(407.2.2.3) and audible car position indicators (407.4.8.2).
     Revision of the height of tactile floor designations at 
hoistways (407.2.3.1).
     Addition of an exemption for destination-oriented 
elevators from the requirements for door and signal timing (407.3.4).
     Addition of a new exception for the height of car controls 
(407.4.6.1, Exception 1).
     Modification of requirements for keypads (407.4.7.2).
     Clarification that requirements for operable parts in 309 
apply to call controls (407.2.1) and car controls (407.4.6).
     Removal of redundant specifications for emergency 
communication systems (407.4.9).
     Relocation of requirements for existing elevator cars to 
be labeled by the International Symbol of Accessibility, unless all 
cars are accessible, to the signage scoping section (216.7).
    Section 407.2 provides specifications for elevator halls and 
lobbies. In the final rule, this provision has been editorially revised 
to refer to elevator ``landings,'' consistent with the ANSI A117.1-2003 
standard.
    Comment. The proposed rule specified that call buttons be located 
35 to 48 inches above the floor (407.2.2). These controls should be 
held to the basic reach range specifications in section 308 like any 
other operable part, according to commenters.
    Response. In the final rule, call controls are required to be 
located within one of the reach ranges specified in section 308 
(407.2.1.1). In addition, the Board has removed a requirement that 
objects mounted beneath hall call buttons protrude no more than 4 
inches into the clear floor space. Such protrusions are adequately 
addressed by requirements for clear floor space in 305

[[Page 44122]]

and for protruding objects in section 307.
    Comment. Audible hall signals must indicate the direction of a 
responding car by the number of sounds (once for up and twice for down) 
or by verbal announcements (407.2.2.3). The proposed rule included a 
maximum frequency (1,500 Hz) for audible signals. The Board sought 
comment on whether a frequency band width should be specified for 
verbal annunciators (Question 21). Specifically, the Board asked 
whether a band width of 300 to 3,000 Hz for hall signals would be 
appropriate. Information on the availability and cost of products 
meeting this specification was also requested. Comments from the 
elevator industry indicated that hall signals currently fall within 
this range.
    Response. The Board has added a requirement in the final rule that 
hall signal verbal annunciators have a frequency of 300 Hz minimum and 
3,000 Hz maximum. For consistency, a similar requirement is specified 
for verbal car position indicators (407.4.8.2.3). In the proposed rule, 
these verbal annunciators were subject to a maximum frequency of 1,500 
Hz. In addition, the Board has modified hall signal verbal annunciators 
by requiring that they ``indicate the direction of elevator car 
travel,'' instead of specifying the content (``up,'' ``down'') as 
required in the proposed rule.
    Comment. The proposed rule specified a decibel range of 20 to 80 
decibels for hall signals and annunciators (407.2.3.1) and car position 
annunciators (407.3.4.2). Comments recommended that the minimum be 
changed to 10 decibels above the ambient noise level for consistency 
with the ANSI A117.1-2003 standard.
    Response. The minimum decibel range for hall and car position 
signals has been changed to 10 decibels above ambient. In addition, the 
provision for audible indicators (407.4.8.2) has been revised to 
require floor announcement when the car is about to stop, instead of 
when it has stopped, consistent with the ANSI A117.1 standard.
    The proposed rule specified that tactile floor designations at the 
hoistway be 60 inches above the floor, measured from the baseline of 
the characters (407.2.4). In the final rule, this specification, now 
located at section 407.2.3.1, applies the mounting height generally 
required for other types of tactile signs by 703.2 (48 to 60 inches 
above the floor). The Board felt that there was little reason to hold 
hoistway signs to a more restrictive location than that specified for 
other types of tactile signs.
    Comment. Section 407.3.1 recognizes acceptable types of elevator 
doors. The proposed rule recognized horizontal sliding doors. A comment 
indicated that other door types recognized by the elevator code should 
be recognized, such as vertical sliding doors.
    Response. In the draft of the final guidelines, the Board had 
included a reference to vertical sliding doors permitted by the 
elevator safety code (ASME A17.1) in response to this comment. A 
similar change was not approved for the ANSI A117.1 standard due to 
concerns about such doors posing a tripping hazard to persons with 
vision impairments. For consistency, the Board has removed the 
reference to vertical sliding doors in the final rule.
    Section 407.3.4 specifies door and signal timing. This provision 
helps ensure that elevator doors remain open long enough for persons 
with disabilities to travel from call buttons to the responding car and 
is based on a travel speed of 1\1/2\ feet per second. Destination-
oriented elevators may have call buttons located outside elevator 
landing areas and have enhanced programming features for the response 
time of cars. In recognition of this, the Board has included in the 
final rule an exception from the door and signal timing requirements 
for destination-oriented elevators (407.3.4, Exception 2).
    Comment. Comments recommended that the height of elevator car 
controls be harmonized with the ANSI A117.1 standard. Specifically, the 
ANSI standard specifies a maximum reach height of 48 inches for forward 
or side reaches. It also provides an exception that allows a maximum 
height of 54 inches for elevators with more than 16 openings where a 
parallel approach to the car controls is provided. 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. 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.
    Response. As discussed above in section 308, the Board lowered the 
maximum side reach height from 54 to 48 inches. This height is the same 
as that specified for forward reaches. Elevator car controls are 
required to be within these reach ranges (407.4.6.1). Consequently, the 
Board has included an exception, consistent with the ANSI A117.1 
standard and the advisory committee's recommendation, that allows a 
maximum height of 54 inches where the elevator serves more than 16 
openings and a parallel approach is provided (407.4.6.1, Exception 1).
    Comment. The proposed rule, in addressing elevator car controls, 
required that telephone-style keypad buttons, where provided, be 
identified by raised characters centered on the keypad button 
(407.2.11.2). Comments indicated that tactile characters for each 
button are not needed on such keypads. Support was expressed for making 
this requirement consistent with the ANSI A117.1-1998 standard which 
requires a standard keypad arrangement with a raised dot on the number 
5 key which is held to specifications for braille dots and a base 
diameter of 0.118 to 0.120 inch. Raised characters are not required.
    Response. The Board has revised the requirements for elevator 
keypads, now located at 407.4.6.3 and 407.4.7.2, that are consistent 
with the ANSI A117.1 standard. The final rule requires a standard 
telephone keypad arrangement with the number 5 key identified by a 
raised dot that complies with specifications for the base diameter and 
specifications for braille dots in section 703.3.1. In addition, the 
Board has included a requirement that the characters provided on 
buttons comply with visual characteristics specified in section 703.5, 
which covers finish and contrast, character proportion and height, 
stroke thickness, and other criteria.
    Section 407.4.9 provides criteria for emergency two-way 
communication systems in elevator cars which address the height of 
operable parts and identification by tactile characters. The proposed 
rule included requirements for the cord length of provided handsets and 
instructions. It also required that emergency signaling devices not be 
limited to voice communication. These requirements have been removed in 
the final rule because the referenced elevator safety code (ASME 
A17.1), as revised, adequately addresses these features or makes them 
unnecessary. For example, the ASME code prohibits the use of handsets 
since they are easily subject to vandalism, which obviates the need for 
specifications concerning the cord length.
    Comment. Comments recommended that the guidelines address emergency 
communication systems located in a closed compartment and apply the 
specifications for operable parts in section 309 to compartment door 
hardware.

[[Page 44123]]

    Response. The Board had included such a requirement in the draft of 
the final guidelines (407.4.9.6). In the final rule, the Board has 
removed this requirement since the ASME A17.1 safety code no longer 
permits emergency communication systems to be located within a closed 
compartment. However, the Board has retained provisions it had included 
that clarify the application of requirements for operable parts in 
309.4 to call controls (407.2.1) and car controls (407.4.6).
    Comment. In order to accommodate people with hearing or speech 
impairments, the proposed guidelines specified that the emergency 
communication system not rely solely on voice communication (407.2.13 
in the proposed rule). The Board sought 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 
(Question 22). Comments, particularly those from groups representing 
persons who are deaf or hard of hearing, strongly supported such a 
requirement. They considered some form of interactive communication 
similar to that available through TTYs essential for providing 
equivalent access in emergencies. However, these comments did not 
specifically mention any technologies that are currently available to 
provide such access within elevator cars.
    Response. Additional requirements for emergency communication 
systems are not included in the final rule. Further, the Board has 
removed specifications concerning the method of communication since the 
referenced elevator safety standard contains analogous provisions. 
Under such provisions, emergency communication systems cannot rely 
solely on voice communication. The ASME A17.1 code (section 2.27) 
requires provision of a push button labeled ``HELP'' which, when 
activated, initiates a call for help and establishes two-way 
communication. A visual signal is required on the same panel as the 
``HELP'' button to notify persons with hearing impairments that the 
call for help has been received and two-way communication has been 
established. Voice (or other audible systems) with a visual display 
that provides information on the status of a rescue will meet this 
requirement. Clearly labeled visual displays can be as simple as 
lighted jewels that indicate that the call for help has been activated 
and that the message has been received. The visual signal is also 
required to indicate termination of the two-way communication link.
408 Limited-Use/Limited-Application Elevators
    Section 408 provides requirements for limited-use/limited-
application (LULA) elevators which correspond to section 407.4 in the 
proposed rule. LULA elevators are typically smaller and slower than 
other passenger elevators and are used for low-traffic, low-rise 
installations. This section provides specific criteria for these 
elevators and also references various provisions for standard elevators 
covered in section 407. Thus, some changes discussed above for standard 
elevators also pertain to LULA elevators as well. For example, the 
revision to the height of call buttons in section 407.2.1.1 (which are 
now subject to the basic reach range requirements instead of the 
previously specified range of 35 to 48 inches) also applies to LULA 
elevators. Additional changes in the final rule that are substantive in 
nature pertain to hoistways, car controls, and car sizes.
    Comment. Some individuals and disability groups opposed the 
allowance of LULA elevators due to concerns about their size and 
accessibility. Industry, facility operators, designers and some 
disability groups strongly supported LULA elevators as an alternative 
where a standard elevator is not required.
    Response. The Board has retained provisions for LULA elevators 
which are only permitted in facilities not required to have any 
elevator or as an alternative to platform lifts (206.6). Since this 
kind of elevator requires less space and costs less than standard 
elevators, LULA elevators will provide a more viable option where a 
form of vertical access would otherwise not be provided. The technical 
criteria for LULA elevators specify minimum car sizes that ensure 
adequate accessibility. In addition, they are required to comply with 
the applicable section of the elevator safety code (ASME/ANSI A17.1, 
Chapter XXV).
    Comment. Requirements for standard elevators require that the main 
entry level be labeled by a tactile star at the hoistway (407.2.3.1). 
In the proposed rule, such a requirement was not included for LULA 
elevators. Comments suggested that such a requirement be included in 
the final rule for consistency.
    Response. Requirements for hoistway signs for LULA elevators in 
section 408.2.3 have been replaced with a reference to corresponding 
requirements for standard elevators in section 407.2.3.1. This 
provision includes a requirement for a tactile star at the hoistway of 
the main entry level.
    The guidelines specify that LULA elevator cars be at least 42 
inches wide and 54 inches deep with a door on the narrow end providing 
at least 32 inches clear width (408.4.1). In the final rule, the Board 
has added alternate dimensions which are substantively consistent with 
the latest edition of the ANSI A117.1 standard. These dimensions permit 
a car at least 51 inches by 51 inches provided that the door has a 
clear width of at least 36 inches (408.4.1, Exception 1).
409 Private Residence Elevators
    Residential dwelling units may be equipped with either a LULA 
elevator or a private residential elevator instead of a standard 
passenger elevator (206.6). Section 409 provides requirements for 
private residential elevators, which were located at section 1102.7 in 
the proposed rule. In the final rule, call buttons are subject to 
requirements in section 309 for operable parts, including clear floor 
space (309.2), height (309.3), and operation (309.4) according to 
section 409.2. In the proposed rule, they were subject only to 
requirements for height. In addition, the Board has applied 
requirements for the operation of operable parts (309.4) to controls 
(409.4.6) and the operable parts of emergency communication systems 
(409.4.7.2). No other substantive changes have been made to this 
section.
410 Platform Lifts
    Section 410 provides requirements for platform lifts and addresses 
floor surfaces, clear floor space, operable parts, and doors and gates. 
This section has been updated to reference the new ASME A18.1 Safety 
Standard for Platform Lifts and Stairway Chairlifts (410.1). This 
standard was under development when the proposed rule was published. 
This section has been reformatted and changes made to the 
specifications for doors and gates.
    Comment. Platform lifts are required to have power-operated doors 
or gates. Those with doors or gates on opposing sides generally 
facilitate lift use by permitting a forward approach to both entry and 
exit doors or gates. As a result, these types of lifts are permitted to 
have a manual door or gates. The guidelines specify that manual doors 
or gates be ``self-closing'' (410.5, Exception). Comments noted that 
since the ASME/ANSI A18.1 standard requires such doors and gates to be 
self-closing, the specification in the rule was redundant.
    Response. The Board has retained the requirement that manual doors 
or gates

[[Page 44124]]

be self-closing (401.5, Exception) for consistency with the new ANSI 
A117.1 standard. In addition, the Board has added clarification, 
consistent with the ANSI standard, that the exception in section 410.5 
does not apply to platform lifts serving more than two landings.
    Comment. Commenters stressed that platform lifts should not be key 
operated.
    Response. Previous editions of the safety code for lifts, not the 
Board's guidelines, required platform lifts to be key operated. The 
most recent edition of the ASME standard, which the final rule 
references, does not contain a requirement for key operation.

Chapter 5: General Site and Building Elements

    Chapter 5 provides technical criteria for parking spaces (502), 
passenger loading zones (503), stairways (504), and handrails (505).
502 Parking Spaces
    Section 502 addresses car parking spaces and van parking spaces. 
Substantive changes pertain to the:
     Width of spaces, including van spaces, and access aisles 
(502.1 and 502.2).
     Location of access aisles for angled van spaces (502.3.4).
     Identification of van spaces (502.6).
     Adjacent accessible routes (502.7).
    In the final rule, the Board has clarified how parking spaces and 
access aisles are to be measured. Where parking spaces are marked with 
lines, the width of parking spaces and access aisles is to be measured 
from the centerline of the markings (502.1). However, at spaces or 
access aisles not adjacent to another parking space or access aisle, 
width measurements are permitted to include the full width of the line 
defining the parking space or access aisle (502.1, Exception).
    Comment. The proposed rule specified that car and van spaces be at 
least 8 feet wide and that access aisles be at least 5 feet wide for 
car spaces and at least 8 feet wide for van spaces. These 
specifications are consistent with the original ADAAG. However, that 
document also recognized an alternative ``universal'' design under 
which all spaces are designed to be accessible for vans or cars by 
incorporating additional space in the parking space instead of the 
access aisle. Under this design, parking spaces are at least 11 feet 
wide and access aisles at least 5 feet wide. Commenters requested that 
this design be recognized in final rule, at least for the portion of 
spaces required to be van accessible. Comments pointed out certain 
benefits of the alternative design, such as access aisles that are less 
likely to be mistaken for another parking space.
    Response. The final rule includes specifications for alternative 
van parking spaces based on the ``universal'' design specifications 
(502.2). Van spaces are required to be at least 11 feet wide and to 
have an access aisle at least 5 feet wide. An exception allows van 
spaces to be 8 feet wide where the access aisle is at least 8 feet 
wide, which is consistent with the specifications of the proposed rule 
and the original ADAAG.
    Comment. Requirements for access aisles in section 502.3 address 
width, length, marking, and location. Two spaces are permitted to share 
an access aisle. The proposed rule, consistent with the original ADAAG, 
allowed access aisles to be provided on either side of the parking 
space. Many commenters urged the Board to revisit this issue, 
particularly with respect to van parking. The lift provided on vans is 
typically located on the passenger side. It is important, especially 
where front-in only parking is provided, that the access aisle be 
located on the passenger side of van spaces.
    Response. The Board has included a requirement that where angled 
spaces are provided, the access aisle must be located on the passenger 
side of van spaces (502.3.4). Otherwise, this provision permits access 
aisles to be located on either side of the space since drivers can pull 
in or back into spaces as needed.
    To harmonize the guidelines with the ANSI A117.1-2003 standard, the 
Board has added clarification that access aisles are not permitted to 
overlap vehicular ways (502.3.4).
    Comment. The proposed rule removed a requirement that the access 
designation for van parking include the term ``van accessible'' to 
clarify that both car and van drivers can use such spaces, as was the 
original intent of ADAAG. Many commenters strongly opposed this change. 
While some may have misinterpreted it as removal of the requirement for 
van accessible spaces, others considered this designation important in 
encouraging car drivers to use other accessible spaces over those 
designed to accommodate vans.
    Response. The Board has restored the requirement that the 
designation of van spaces include the term ``van accessible'' (502.6). 
This designation is not intended to restrict the use of spaces to vans 
only, but instead to identify those spaces better suited for vans. An 
advisory note to this effect is included in the final rule.
    Comment. The proposed rule removed language in the original ADAAG 
that vehicles parked in accessible spaces not reduce the clear width of 
connecting accessible routes. The Board had considered this requirement 
redundant in view of specifications for accessible routes in section 
402. Many commenters disagreed and urged that such a requirement be 
restored in the final rule. Some comments pointed out that the ANSI 
A1171.1 standard, like the original ADAAG, specifies that ``parked 
vehicle overhangs shall not reduce the clear width of an accessible 
route.''
    Response. The Board has added a requirement that spaces and access 
aisles be designed so that parked vehicles ``cannot obstruct the 
required clear width of adjacent accessible routes'' (502.7). A typical 
design solution where accessible routes run in front of spaces is the 
provision of wheel stops that help prevent encroachment into the 
accessible route.
503 Passenger Loading Zones
    Few comments addressed the technical requirements for passenger 
loading zones, and no substantive changes to them have been made. For 
consistency with the ANSI A117.1 standard, the Board has clarified in 
the final rule that access aisles required at passenger loading zones 
are not permitted to overlap vehicular ways (503.3).
504 Stairways
    Section 504 covers stairways, including treads, risers, nosings, 
and handrails. This section requires that landings subject to wet 
conditions be designed to prevent the accumulation of water (504.7). In 
the final rule, the Board has revised this requirement to apply to 
stair treads, as well as landings. No other substantive changes have 
been made to this section.
505 Handrails
    Specifications for handrails in section 505 apply to those provided 
at ramps, stairs, and along walking surfaces. Revisions made to this 
section concern:
     Coverage of handrails provided along walking surfaces 
(505.1).
     Exceptions for aisle stairs and short ramps (505.2).
     Handrails at switchback or dogleg stairs and ramps 
(505.3).
     Gripping surfaces (505.6 and 505.8).
     Extensions (505.10).
    Handrails are required along both sides of ramps and stairs. The 
Board has included a requirement (403.6) that handrails, where provided 
along walking surfaces, comply with section

[[Page 44125]]

505, as discussed above. The term ``walking surfaces'' applies to 
portions of accessible routes that are not treated as ramps because the 
running slope is less than 1:20. Consistent with this change, 
provisions in section 505 have been modified to specifically reference 
walking surfaces, including the general charging statement at 505.1. 
Walking surfaces are not subject to requirements for handrails on both 
sides (505.2) or handrail extensions (505.10).
    In the final rule, an exemption from the requirements for 
stairways, including handrails, has been included for aisle stairs in 
assembly areas (210.1, Exception 3). An exception from the requirement 
for handrails on both sides for aisle ramps and aisle stairs has been 
revised for consistency. Specifically, the reference to aisle stairs in 
this exception has been removed as redundant.
    Specifications for ramps require handrails only at ramps with a 
rise greater than 6 inches (405.8). Curb ramps are not subject to 
handrail requirements. The Board has removed as redundant an exception 
in the handrail section for ramps with a rise of 6 inches maximum 
(505.2, Exception 2).
    The guidelines require handrails to be continuous within the full 
length of stair flights and ramp runs (505.3). The Board has added 
clarification, consistent with the original ADAAG, that the inside 
handrail at switchback or dogleg stairs and ramps be continuous. This 
change was made for consistency with the ANSI A117.1 standard.
    Comment. The proposed rule specified that gripping surfaces be 
continuous and unobstructed by elements, including newel posts (505.6). 
An exception permitted brackets and balusters attached to the bottom of 
a handrail provided they did not obstruct more than 20% of the handrail 
length, their horizontal projection was at least 2\1/2\ inches from the 
bottom of the handrail, and their edges had a radius of at least \1/8\ 
inch. Comments from the handrail industry, including manufacturers, 
trade associations, and others, indicated that these stipulations would 
effectively prohibit many common fabrication methods and would be 
unduly costly and burdensome on the industry while promising limited 
access benefits. Specifically, these comments indicated that many 
materials currently used will not meet the minimum \1/8\ inch radius 
specifications. In addition, commenters claimed many current mounting 
brackets do not meet the 2\1/2\ inch minimum requirement for horizontal 
projections below the handrail, which is inconsistent with the 1\1/2\ 
inch minimum specified by model building codes. They also would 
preclude use of panels below handrails, which have become popular in 
meeting code requirements that prohibit openings in railings through 
which a 4 inch sphere can pass. Manufacturers stated that they have not 
received complaints about sharp edges and that some railing cross 
sections have been used for many years without injury. Opposing 
comments referred to ergonomic studies which support a 2\1/4\ inch 
clearance below the handrail.
    Response. The Board has revised some of the specifications for 
gripping surfaces in section 505.6 in order to accommodate a wider 
range of handrail materials and designs. The revised provisions 
prohibit obstructions on the top and sides of handrails, while the 
bottom may be obstructed up to 20% of the handrail length. This is 
generally consistent with the proposed rule. The Board believes that 
such a requirement will still permit popular designs such as panels 
under handrails so long as they are not directly connected to the 
entire length of the bottom of the handrail gripping surface. The 
requirement that horizontal projections occur 2\1/2\ inches minimum 
below the bottom of gripping surfaces has been changed to 1\1/2\ 
inches, consistent with model building codes and industry practice. In 
addition, the Board has added an exception for handrails along walking 
surfaces that permits obstructions along the entire bottom length that 
are integral to crash rails and bumper guards (505.6, Exception 1). 
Another exception, consistent with the ANSI A117.1-2003 standard and 
recommended by a comment to the draft of the final guidelines, allows 
the distance between horizontal projections and the gripping surface 
bottom to be reduced by \1/8\ inch for each \1/2\ inch of additional 
handrail perimeter dimension exceeding 4 inches (505.6, Exception 2). A 
requirement that bracket or baluster edges have a radius of \1/8\ inch 
minimum has been removed. A similar specification for handrail surface 
edges in section 505.8 has been replaced with a requirement for 
``rounded edges.''
    Comment. Handrail extensions are required at the top and bottom of 
stairs. In the proposed rule, bottom extensions were required to extend 
one tread depth beyond the last riser nosing and an additional 12 
inches (505.10.3). Comments advised that the requirement for the 
additional 12 inch segment should be removed, consistent with the ANSI 
A117.1 standard. Some comments also questioned the need for this 
segment at the bottom of stairs.
    Response. The Board has removed the requirement that handrails 
extend an additional 12 inches at the bottom of stairs.

Chapter 6: Plumbing Elements and Facilities

    Chapter 6 provides criteria for drinking fountains (602), toilet 
and bathing rooms (603), water closets and toilet compartments (604), 
urinals (605), lavatories and sinks (606), bathtubs (607), shower 
compartments (608), grab bars (609), tub and shower seats (610), 
laundry equipment (611), and saunas and steam rooms (612). Alternate 
specifications are provided for plumbing elements designed for 
children's use as exceptions to requirements based on adult dimensions. 
These exceptions address drinking fountains, water closets, toilet 
compartments, lavatories and sinks.
602 Drinking Fountains
    Specifications for drinking fountains in section 602 address access 
for people who use wheelchairs (602.2 through 602.6) and for people who 
do not, but who may have difficulty bending or stooping (602.7). 
Substantive changes to this section include:
     Removal of references to water coolers (602.1).
     Requiring all wheelchair accessible drinking fountains to 
provide knee and toe clearance for a forward approach (602.2).
     Lowering the minimum height of drinking fountains for 
standing persons (602.7).
    Comment. The proposed rule, consistent with the original ADAAG, 
addressed both drinking fountains and water coolers. Comments advised 
that the guidelines should not address ``water coolers,'' a term which 
is often used to refer to bottled units that are not plumbed or 
permanently fixed.
    Response. The Board has removed the references to ``water coolers'' 
in section 602.1 for clarity and consistency with the scope of the 
guidelines.
    Comment. For wheelchair access, the proposed rule required a 
forward approach at cantilevered units but allowed a parallel approach 
at other types of units, such as those that are floor mounted. A 
forward approach provides easier access than a parallel approach for 
people using wheelchairs. The Board sought comment on whether it should 
require a forward approach, which includes knee and toe clearances 
below the unit, at all wheelchair accessible drinking fountains 
(Question 24). Commenters overwhelmingly supported such a requirement 
as more appropriate for wheelchair access.
    Response. The Board has revised the rule to require a clear floor 
space for a

[[Page 44126]]

forward approach at all wheelchair accessible drinking fountains 
(602.2). Corresponding changes have been made to the specifications for 
spout location (602.5). An existing exception for units designed 
specifically for children's use permits a parallel approach if certain 
criteria for spout height and location are met.
    Comment. The proposed rule required spouts to provide a flow of 
water at least 4 inches high ``to allow the insertion of a cup or 
glass.'' A comment noted that the rationale for this specification is 
not needed in the text of the requirement and might be misinterpreted 
as allowing cup dispensers as an alternative to accessible units.
    Response. Language concerning the insertion of cups has been 
removed as unnecessary to the water flow specification. The minimum 4 
inch height is intended to allow use of cups for persons who may need 
to use them. However, providing cup dispensers as an alternative to a 
compliant unit is not recognized by these guidelines in new 
construction or alterations.
    Comment. Specifications for drinking fountains for standing persons 
address the height of the spout outlet (602.7). The proposed rule 
required a height of 39 to 43 inches above the floor or ground, a range 
that derives from the standard height of models on the market. A 
drinking fountain manufacturer requested that the minimum height be 
changed from 39 to 38 inches, consistent with referenced ergonomic 
data. This commenter advised that a 38 inch height will accommodate 
units that are intended to serve both adults and children.
    Response. The minimum height for the spout outlet of units designed 
for use by standing persons has been lowered from 39 to 38 inches.
603 Toilet and Bathing Rooms
    Section 603 covers toilet and bathing rooms and includes 
requirements for clear floor space, wheelchair turning space, permitted 
overlaps of various space requirements, and doors. Doors are not 
permitted to swing into clear floor space or clearance required for any 
fixture except under certain conditions (603.2.3). The Board has added 
clarification to this requirement, previously located in an advisory 
note, that doors are permitted to swing into the required wheelchair 
turning space.
    The guidelines specify that accessible mirrors be mounted so that 
the bottom edge of the reflecting surface is no higher than 40 inches 
(603.3). The ANSI A117.1-2003 standard contains a new requirement that 
specifies a height of 35 inches maximum for accessible mirrors not 
located above a lavatory or countertop. This specification was adopted 
to accommodate persons of short stature. The Board has included a 
similar requirement in the final rule.
604 Water Closets and Toilet Compartments
    Section 604 addresses access to water closets and toilet 
compartments. Revisions to the requirements for water closets concern:
     Location (604.2).
     Clearance (604.3).
     Grab bars (604.5).
     Flush controls (604.6).
     Dispensers (604.7).
     Toilet compartments (604.8), including those designed for 
children's use (604.9).
    In addition, provisions specific to water closets in residential 
dwelling units that were located in Chapter 11 in the proposed rule 
have been incorporated into this section. These include requirements 
for space at water closets (604.3), seat height (604.4), and grab bars 
(604.5).
    Water closets are to be located so that the centerline is 16 to 18 
inches from the side wall compartment partition (604.2). Water closets 
can be located so that this dimension is met on either the left side or 
the right side of the fixture. The Board has added clarification in the 
final rule that water closets shall be arranged for a left-hand or a 
right-hand approach. The proposed rule specified that water closets in 
ambulatory accessible stalls (which are required to be 36 inches wide) 
be ``centered.'' In the final rule, the Board has revised this 
provision to recognize a range (17 to 19 inches) for the centered 
location that is consistent in scope (2 inches) with the specification 
for water closets in wheelchair accessible compartments. A 
corresponding change has been made to the provisions for water closets 
designed for children's use (604.9.1).
    Comment. Clearance requirements for water closets are covered in 
section 604.3. The proposed rule stated that no fixtures (other than 
the water closet) or obstructions were to be located within the clear 
floor space (604.3.1). Comments noted that this seemed to contradict a 
subsequent provision that allowed grab bars and dispensers to overlap 
this space (604.3.2).
    Response. Language prohibiting fixtures and obstructions within the 
required clearances in section 604.3.1 has been removed. Section 
604.3.2 recognizes those elements that are permitted to overlap this 
clearance.
    Comment. The proposed rule identified certain elements that could 
overlap the clear floor space at water closets: associated grab bars, 
tissue dispensers, accessible routes, clear floor space at other 
fixtures, and wheelchair turning space (604.3.2). Commenters advised 
that other elements, such as coat hooks should be included, as well as 
other types of dispensers, such as those for toilet seat covers. In 
addition, the new ANSI A117.1 standard includes a reference to sanitary 
napkin disposal units.
    Response. In the list of elements permitted to overlap water closet 
clearances, the Board has added references to ``dispensers,'' 
``sanitary napkin disposal units,'' ``coat hooks,'' and ``shelves'' 
(604.3.2).
    Comment. Water closets not in compartments require clearance that 
is at least 60 inches wide and 56 inches deep. Many comments urged the 
Board to increase this depth so that at least 48 inches is provided in 
front of the water closet. Others recommended an overall depth of 78 
inches.
    Response. The Board has not revised the minimum dimensions for the 
clear floor space at water closets. Other criteria for toilet rooms, 
including turning space, maneuvering space at doors, and clearances at 
other fixtures, typically results in additional clearance at water 
closets not in compartments. The 48 inch specification measured from 
the leading edge of the water closet is derived from the ANSI A117.1-
1992 standard. That specification was removed from the 1998 edition of 
the ANSI standard because it was extremely difficult to enforce due to 
the varying installation styles and sizes of water closets. However, 
the Board has revised the specified depth in residential dwelling units 
where lavatories are permitted to overlap the space aside water 
closets.
    Other fixtures, such as lavatories, generally are not permitted to 
overlap the clearance required at water closets. However, in 
residential dwelling units, an accessible lavatory adjacent to water 
closets can overlap this space (18 inches minimum from the water closet 
centerline) if additional space is provided in front of the water 
closet. Specifically, the depth of the clearance must be at least 66 
inches instead of 56 inches (604.3.2, Exception). The proposed rule 
required this additional space in front of the fixture where only a 
forward approach to the water closet is provided (1102.11.5.2). It did 
not require additional space where a side approach to the water closet 
is provided. Locating lavatories outside the specified water closet 
clearance allows more options in the approach and transfer to water 
closets. The overlap of an adjacent lavatory

[[Page 44127]]

effectively precludes side transfers to the water closet. The Board 
believes that additional space where lavatories overlap water closet 
clearances can be beneficial regardless of the approach direction. In 
the final rule, the 66 inch minimum depth applies whether a forward or 
a parallel approach to the water closet is provided. The proposed rule 
also allowed a minimum width for the clearance of 48 inches instead of 
60 inches where a lavatory overlaps the space, regardless of the 
approach (1102.11.5.2). In effect, however, space at least 60 inches 
wide is needed in meeting other requirements, such as the clear floor 
space required at the adjacent lavatory and wheelchair turning space. 
Consequently, the Board has removed the 48 inch specification in the 
final rule.
    Specifications for grab bars are addressed in section 604.5. Grab 
bars are required on one side wall and the rear wall. Exceptions from 
this requirement are provided for residential dwelling units, where 
grab bars can be installed later so long as the proper reinforcement is 
installed in walls as part of design and construction (Exception 2), 
and for holding or housing cells specially designed without protrusions 
for purposes of suicide prevention (Exception 3). In the proposed rule, 
these exceptions were located in the chapter on residential dwelling 
units (1102.11.5.4) and the scoping section for detention and 
correctional facilities (233.3).
    Comment. The proposed rule specified that the rear grab bar be 24 
inches long minimum, centered on the water closet, or at least 36 
inches long ``where wall space permits'' (604.5.2). Commenters 
considered this provision confusing and requested clarification on 
where the 24 inches would be permitted. Some comments urged removal of 
the 24 inches specification.
    Response. The proposed rule included provisions that make clear 
floor space requirements at water closets more stringent by not 
allowing other fixtures, such as lavatories to overlap the space. 
Saving space 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. 
A grab bar 36 inches long would limit the amount of space saved in 
recessing an adjacent lavatory. For clarity, the Board has revised this 
allowance as an exception. In the final rule, section 604.5.2 requires 
the rear grab bar to be 36 inches long minimum. An exception allows a 
24 inch long minimum grab bar, centered on the water closet, ``where 
wall space does not permit a length 36 inches minimum due to the 
location of a recessed fixture adjacent to the water closet'' (604.5.2, 
Exception 1).
    Comment. Section 604.6 covers flush controls, which must be hand 
operated or automatic. Hand operated types are subject to requirements 
for operable parts, including reach ranges, addressed in section 309. 
The original ADAAG specified that the controls be located on the wide 
side of the water closet. Comments requested that this specification be 
restored since controls on the wide side of water closets are easier to 
access.
    Response. The final rule includes a requirement that ``flush 
controls shall be located on the open side of the water closet except 
in ambulatory accessible compartments' (604.6).
    Comment. Requirements for toilet paper dispensers in section 604.7 
include specifications for height. They must be mounted at least 1\1/2\ 
inches below grab bars or, according to the proposed rule, at least 12 
inches above. Commenters noted that the 12 inch minimum was 
inconsistent with provisions for grab bars in section 609 which specify 
a minimum clearance of 15 inches between grab bars and protruding 
objects above them (609.2). Some commenters felt that toilet paper 
dispensers should not be allowed above grab bars in any case since the 
large roll type, which often cannot fit below grab bars, compromise the 
usability of the grab bar.
    Response. In the final rule, the specified clearance between grab 
bars and dispensers mounted above them has been revised for consistency 
with the grab bar specifications in section 609. Specifications in 
section 604.7 concerning this clearance have been removed since the 
required clearance between dispensers and grab bars is adequately 
covered in section 609, which, as revised, requires a minimum clearance 
of 12 inches above grab bars and a minimum clearance of 1\1/2\ inches 
below grab bars (609.3). This may effectively preclude some dispensers 
from being located above grab bars in view of the minimum mounting 
height of grab bars (33 inches, measured to the top of the gripping 
surface) and the maximum height for the dispenser outlet (48 inches). 
Since some dispensers may be recessed, the Board has added 
clarification in section 604.7 that dispensers cannot be located behind 
grab bars.
    Section 604.8 provides requirements for wheelchair accessible 
compartments and those that are designed to accommodate persons with 
disabilities who are ambulatory.
    Comment. Commenters noted that baby changing tables should not be 
permitted in accessible compartments since they can interfere with 
access. On the other hand, some comments advised that baby changing 
tables need to be accessible.
    Response. The specified dimensions of toilet compartments provide 
the minimum amount of space necessary for wheelchair maneuvering into 
the compartment, positioning at the fixture, and exit from the 
compartment. Certain elements are permitted to overlap space at water 
closets, such as grab bars, paper dispensers, and coat hooks (604.3.2). 
Other elements, including baby changing tables, are not allowed to 
overlap the minimum amount of space required in compartments. Where 
such elements are provided in accessible compartments, they must be 
located outside the minimum space dimensions (when folded up in the 
case of baby changing tables). In addition, convenience fixtures, such 
as baby changing tables, must be accessible to persons with 
disabilities under scoping provisions for operable parts (205) and work 
surfaces (226). This information is provided in the final rule in an 
advisory note at section 604.8.1.1.
    Comment. Specifications are provided for doors, including their 
location. The proposed rule specified the location of doors in the 
front partition, which were required to be hinged 4 inches from the 
side wall or partition farthest from the water closet (604.8.1.2). 
Comments suggested that an alternate location in the side partition 
farthest from the water closet should be allowed, consistent with the 
original ADAAG. Commenters also pointed out that the specified location 
should refer to the door opening, instead of the hinge.
    Response. Specifications for the location of compartment doors in 
side partitions are included in the final rule, consistent with the 
original ADAAG. The specified location in either front and side 
locations has been revised to apply to the door opening, instead of the 
hinge.
    Comment. The proposed rule referred to ambulatory accessible 
compartments as ``non-wheelchair accessible'' compartments. Commenters 
considered this term confusing since it also encompasses inaccessible 
compartments. Preference was expressed for ``ambulatory accessible'' 
compartments, the term used by the advisory committee.
    Response. The term ``non-wheelchair accessible'' compartments has 
been replaced with ``ambulatory accessible'' compartments.

[[Page 44128]]

    Ambulatory accessible compartments were specified to be 36 inches 
wide absolute in the proposed rule, consistent with the original ADAAG. 
Throughout the new guidelines, the Board has sought to specify 
dimensions as a range instead of in absolute terms where practicable to 
facilitate compliance without compromising accessibility. The width of 
ambulatory compartments is specified to ensure that the grab bars 
required on both sides are simultaneously within reach. In the final 
rule, the Board has replaced the 36 inch wide specification with a 
range of 35 to 37 inches.
    Section 604.9 provides specifications for water closets designed 
for children's use. In the proposed rule, this section included 
criteria for wheelchair accessible compartments. In the final rule, 
requirements have been integrated in the section covering wheelchair 
accessible compartments for adults (604.8.1) to reduce redundancy.
605 Urinals
    Section 604.5 provides criteria for accessible urinals, including 
the height and depth, clear floor space, and flush controls.
    Comment. In the proposed rule, the Board sought to clarify the 
requirement in the original ADAAG that accessible urinals have an 
``elongated'' rim 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 (605.2). Comments were evenly divided on this new 
specification.
    Response. The Board has retained the minimum depth specification 
without modification. However, in the final rule scoping for accessible 
urinals has been revised to apply only where more than one urinal is 
provided in a toilet or bathing room (213.3.3).
    Requirements for urinal flush controls are provided in section 
605.4. The proposed rule specified a maximum height of 44 inches (the 
maximum height for obstructed forward reaches). In the final rule, this 
requirement has been revised to reference section 309 which provides 
specifications for operable parts, including accessible reach ranges. 
This change is consistent with the ANSI A117.1-2003 standard.
606 Lavatories and Sinks
    Section 606 provides technical criteria for lavatories and sinks. 
Various scoping and technical provisions invoke these requirements for 
lavatories in toilet and bathing facilities and for sinks provided in 
dwelling unit kitchens, kitchenettes in transient lodging guest rooms, 
and other spaces, such as break rooms. Revisions made to this section 
include:
     Clarifying the scope of this section (606.1).
     Adding a new exception that allows a parallel approach at 
kitchen sinks in spaces where a cook top or conventional range is not 
provided (606.2, Exception 1).
     Clarifying coverage of metering faucets (606.4).
    In addition, allowances specific to lavatories and kitchen sinks in 
residential dwelling units have been relocated to this section from 
Chapter 11. These specifications concern clear floor space requirements 
(606.2, Exception 3) and heights (606.3, Exception 2).
    Comment. The proposed rule included references to ``lavatory 
fixtures'' and to ``vanities.'' Commenters indicated that such 
references were redundant or inaccurate and should be removed.
    Response. References to ``lavatory fixtures'' and ``vanities'' have 
been removed in the final rule (606.1).
    Accessible lavatories and sinks must provide knee and toe clearance 
for a forward approach (606.2). Consistent with the proposed rule, 
exceptions from the requirement for forward approach clearances are 
provided for certain types of spaces and fixtures, such as single-user 
toilet or bathing facilities accessed only through a private office 
(Exception 2), lavatories and kitchen sinks in residential dwelling 
units provided certain conditions to facilitate retrofit for a forward 
approach are met (Exception 3), and fixtures designed specifically for 
children 5 years and younger (Exception 5).
    Comment. Commenters recommended that a parallel approach should be 
allowed at kitchen sinks in spaces without a cook top or conventional 
range, consistent with the ANSI A117.1 standard. Several comments 
considered a parallel approach to be appropriate at kitchenette sinks 
in transient lodging guest rooms, consistent with the original ADAAG, 
and sinks in employee break rooms, since such fixtures are typically 
used for limited purposes or durations.
    Response. The final rule includes an exception, consistent with the 
ANSI A117.1 standard, that allows a complying parallel approach to 
kitchen sinks in spaces where a cook top or conventional range is not 
provided (606.2, Exception 1). This exception also applies to wet bars.
    Comment. Faucets, including hand-operated metering faucets, must 
remain open for at least 10 seconds (606.4). The proposed rule referred 
to these as ``self-closing'' faucets. Commenters indicated that 
``metering'' is a descriptor that is more accurate and consistent with 
plumbing codes.
    Response. The reference to ``self-closing'' faucets has been 
replaced with ``metering'' faucets in the final rule.
607 Bathtubs
    Specifications for bathtubs in section 607 address clear floor 
space, seats, grab bars, operable parts, shower spray units, and 
enclosures. Changes made to this section include:
     Revision of grab bar mounting heights (607.4).
     Integration of provisions for grab bars specific to 
residential dwelling units that were located in Chapter 11 (607.4, 
Exception 2).
     Revision of specifications for shower spray units and 
water temperature (607.6).
    Two parallel grab bars are required on the back wall of bathtubs 
with seats (607.4.1.1) and without seats (607.4.2.1). The proposed 
rule, consistent with the original ADAAG, specified that the lower grab 
bar be located 9 inches absolute above the bathtub rim. In finalizing 
this rule, the Board has sought to specify dimensions as a range 
instead of in absolute terms where possible to facilitate compliance 
without compromising accessibility. With respect to the lower grab bar 
at bathtubs, the specified mounting height has been changed to a range 
of 8 inches minimum to 10 inches maximum above the rim of the bathtub.
    Comment. The guidelines require tubs to have shower spray units 
that can be used as both a fixed-position shower head and a hand-held 
shower (607.6). In the proposed rule, the Board included a requirement 
that shower spray units have a water on/off control for greater access. 
It was also specified that units deliver water that is thermal shock 
protected to 120 degrees. Comments from persons with disabilities 
strongly supported the requirement for the on/off control. However, 
comments from the plumbing industry indicated that the requirement, as 
worded, would pose cross connections and thermal shock hazards and 
would conflict with model codes and industry standards. Comments also 
noted that delivered water should be ``temperature limited'' to the 
specified maximum (120 degrees) for consistency with American Society 
of Safety Engineers (ASSE) standards.
    Response. In response to concerns raised about the on/off control 
for spray units the Board has modified this requirement to include an 
on/off control ``with a non-positive shut-off.'' This will prevent 
cross connections and does not conflict with plumbing codes. In

[[Page 44129]]

addition, while the phrase ``temperature limited'' was not deemed 
necessary, the specification for water temperature has been revised to 
require that delivered water be 120 degrees maximum for consistency 
with ASSE standards. Corresponding revisions have been made to similar 
requirements for shower compartments (608.6).
608 Shower Compartments
    Section 608 addresses transfer showers and roll-in showers and 
provides specifications for size and clearances, grab bars, seats, 
operable parts, shower spray units, thresholds, and enclosures. 
Revisions made to this section address:
     Clearance requirements for roll-in showers (608.2.2).
     Alternate roll-in showers (608.2.3).
     Shower seats (608.4).
     The location and operation of controls, faucets, and spray 
units (608.5).
     Shower spray units and water temperature (608.6.)
     A new exception for fixed shower heads (608.6).
     Thresholds (608.7).
    In addition, provisions specific to showers in residential dwelling 
units that were located in Chapter 11 have been incorporated into this 
section. These provisions concern grab bars (608.3, Exception 2) and 
shower seats (608.4, Exception).
    Comment. Specifications for roll-in shower compartments indicate 
that an accessible lavatory can overlap the required clear floor space 
opposite the end with a seat and shower controls (608.2.2). Comments 
recommended that this provision be revised to recognize that a seat may 
not always be located in a roll-in shower.
    Response. The Board has clarified that accessible lavatories are 
permitted to overlap clear floor space ``opposite the shower 
compartment side where shower controls are positioned or where a seat 
is positioned'' (608.2.2.1, Exception). Clarification is also provided 
that lavatories can be provided at either end of the space at roll-in 
showers without seats where controls are mounted on the back wall.
    Comment. Specifications are provided for alternate roll-in showers, 
including their size and the location of entries (608.2.3). Comments 
indicated that this provision should be more specific in detailing the 
design illustrated (Figure 608.2.3).
    Response. More detail is provided in the final rule for the 
configuration of alternate roll-in type showers consistent with the 
intent of the proposed rule. The revised language clarifies the 
location of the entry at the end of the long side of the compartment 
(608.2.3).
    Comment. Seats are required in transfer compartments and roll-in 
showers in transient lodging guest rooms (608.4). The proposed rule 
indicated that transfer compartments may have ``attachable or integral 
seats,'' while folding seats were specified for roll-in showers 
provided in transient lodging guest rooms.
    Response. The Board has revised the rule to permit ``folding or 
non-folding'' seats in transfer compartments. A certain portion of 
accessible guest rooms are required to have bathrooms with roll-in 
showers (224.2). The requirement for folding seats has been revised to 
apply only to those roll-in showers ``required'' in transient lodging 
guest rooms. For example, a hotel with 100 guest rooms would be 
required to have at least 5 guest rooms that are accessible, one of 
which would have to provide a roll-in shower; the shower provided in 
this room would be required to have a folding seat, while the other 4 
rooms could be equipped with either tubs, transfer showers, roll-in 
showers with or without seats, or some combination thereof.
    Comment. In transfer compartments, controls, faucets, and shower 
spray units were to be located no more than 15 inches on either side of 
the seat centerline, according to the proposed rule (608.5.1). Comments 
indicated that this specification was not consistent with a 
corresponding figure showing the location on the side closest to the 
shower opening.
    Response. The final rule has been revised to require that controls 
and operable parts be located 15 inches maximum from the centerline of 
the seat toward the shower opening. This is consistent with the intent 
of the specification so that users can activate the controls before 
entering the shower.
    Specifications for controls, faucets, and shower spray units for 
alternate roll-in showers are provided in section 608.5.3. In the final 
rule, the Board has clarified these specifications and provided more 
detail on their location depending on whether the shower is equipped 
with a seat. In addition, the final rule allows shower controls, 
faucets, and shower spray units to be located on the wall adjacent to 
the seat, as proposed, or on the back wall opposite the seat. These 
revisions are consistent with similar clarifications in the latest 
edition of ANSI A117.1 standard.
    Showers, like bathtubs, are required to be equipped with movable 
shower spray units that can be used as a fixed-position shower head and 
a hand-held shower (608.6). Specifications have been revised in the 
final rule, consistent with similar requirements for bathtubs, in 
response to concerns raised by commenters about the on/off control and 
water temperature as specified in the proposed rule, discussed above at 
section 607.6.
    Comment. The original ADAAG allowed fixed shower heads 48 inches 
high maximum to be used instead of the required hand-held unit in 
``unmonitored facilities where vandalism is a consideration.'' This 
exception had been removed in the proposed rule due to a lack of 
clarity on the types of facilities that qualify for this exception. 
Commenters urged the Board to retain this exception due to problems 
with vandalism which would increase maintenance at accessible transfer 
showers.
    Response. The final rule includes an exception permitting a fixed 
shower head in certain facilities (608.6, Exception). The Board has 
limited this exception so that it does not apply to facilities where 
vandalism is less likely to occur because the use of bathing facilities 
is controlled or because incidents of vandalism are traceable. These 
include bathing facilities in medical care facilities, long term care 
facilities, transient lodging guest rooms, and residential dwelling 
units.
    Comment. The proposed rule specified a maximum threshold height of 
\1/2\ inch, provided that those greater than \1/4\ inch are beveled 
with a slope of 1:2 maximum (608.7). This provision applied to roll-in 
showers and to transfer showers. Commenters recommended that a higher 
threshold be permitted for transfer showers since wheelchair 
maneuvering over the threshold is not necessary in using the shower.
    Response. The Board retained the \1/2\-inch threshold height since 
positioning for transfer to the seat of transfer showers can be aided 
where a close approach enables footrests to clear the threshold. 
However, the Board has revised the specification to allow thresholds at 
transfer compartments to be vertical or rounded instead of beveled. In 
addition, the Board has provided an exception for existing facilities 
to address situations where meeting the maximum threshold height, which 
is typically achieved by recessing shower pans into the floor, is 
difficult, if not infeasible, due to certain floor slabs. The final 
rule includes an exception that permits a threshold up to 2 inches high 
at transfer showers in existing facilities where providing a \1/2\-inch 
threshold would disturb the

[[Page 44130]]

structural reinforcement of the floor slab (608.7, Exception).
609 Grab Bars
    Section 609 covers grab bars at water closets, bathtubs, and 
showers. Specifications address size, spacing, position, surfaces, 
fittings, and structural strength. Changes to this section address:
     Cross section specifications (609.2).
     Spacing (609.3).
     Location (609.4).
     Surface hazards (609.5).
    The proposed rule specified 1\1/4\ to 1\1/2\ circular cross 
sections. Non-circular cross sections were to have maximum cross 
section dimensions of 2 inches, a perimeter dimension between 4 and 
4\11/16\ inches, and edges with a \1/8\-inch minimum radius. For 
consistency with specifications for handrails, the Board has revised 
requirements for size (609.2) and spacing (609.3). In the final rule, 
the maximum circular cross section has been changed from 1\1/2\ inches 
to 2 inches. Edges must be rounded, and the requirement that edges have 
a \1/8\-inch minimum radius (609.2 in the proposed rule) has been 
removed. The Board has clarified that the space between grab bars and 
projecting objects below and at the ends shall be 1\1/2\ inches 
minimum, consistent with criteria for water closets, tubs, and showers 
(609.3). In addition, the minimum clearance between grab bars and 
protruding objects above has been changed from 15 inches to 12 inches 
(609.3), consistent with specifications for toilet paper dispensers 
included in the proposed rule (604.7) and the ANSI A117.1-2003 
standard.
    Comment. Commenters pointed out the proposed rule was not clear on 
whether the height of grab bars was to be measured to the top or to the 
centerline.
    Response. The Board has clarified that the height of grab bars is 
measured to the top of the gripping surface (609.4).
610 Seats
    Requirements for bathtub and shower seats are provided in section 
610.
    Comment. Specifications are provided for rectangular and L-shaped 
shower seats (610.3). The Board sought comment on whether one shape is 
more usable and accessible than the other (Question 25). Comments were 
evenly divided in supporting one design over the other. Some comments 
supported both designs or indicated that there was little difference in 
access or usability between the two.
    Response. No changes have been made to the specifications for 
shower seats. Either rectangular or L-shaped seats may be provided in 
transfer and roll-in showers.
    The guidelines specify the location of seats in tubs, transfer-type 
showers, and roll-in showers. In the final guidelines, the Board has 
clarified the location of seats in roll-in showers and alternate roll-
in type showers. These changes are consistent with revisions to the 
placement of shower controls and spray units in alternate roll-in 
shower stalls (605.8.3).
611 Washing Machines and Clothes Dryers
    Section 611 covers washing machines and clothes dryers and provides 
specifications for clear floor space, operable parts, and height.
    Comment. The proposed rule required the door of top loading 
machines and the door opening of front loading machines to be 34 inches 
maximum above the floor (611.4). This dimension stems from 
specifications for obstructed side reaches (308.3). Laundry machine 
manufacturers stated that this specification is inconsistent with 
standard industry design, which allows a 36-inch height. Commenters 
indicated that compliance with the proposed specification would reduce 
machine capacity and would be difficult to achieve.
    Response. The Board has revised the maximum height for doors on top 
loading machines and the door opening of front loading machines from 34 
inches to 36 inches (611.4).
612 Saunas and Steam Rooms
    Section 612 provides requirements for saunas and steam rooms and 
includes requirements for benches and turning space. This section 
derives from the guidelines the Board developed for recreation 
facilities and has been included in the final rule without substantive 
change.

Chapter 7: Communication Elements and Features

    Chapter 7 covers communication elements and features, including 
fire alarm systems (702), signs (703), telephones (704), detectable 
warnings (705), assistive listening systems (706), automatic teller 
machines and fare machines (707), and two-way communication systems 
(708).
702 Fire Alarm Systems
    The proposed rule provided detailed specifications for the audible 
and visual characteristics of fire alarm systems, including the sound 
level and the color, intensity, flash rate, location, and dispersion of 
visual appliances. Through coordination with the National Fire 
Protection Association (NFPA) and ANSI, which were represented on the 
ADAAG Review Advisory Committee, the proposed criteria were virtually 
identical to updated requirements in the NFPA 72 (1996) and the ANSI 
A117.1 standards. However, the Board had proposed a lower maximum sound 
level for audible alarms (110 decibels instead of 120 decibels) as more 
appropriate and to guard against tinnitus.
    Comment. Comments from the codes community and designers urged the 
Board to reference the NFPA alarm criteria for purposes of consistency 
and simplicity, instead of restating very similar requirements in the 
guidelines.
    Response. Since the technical provisions in the proposed rule were 
substantively identical to the NFPA 72, except for the maximum sound 
level, the Board has replaced the technical requirements for fire alarm 
systems with a requirement that such systems comply with NFPA 72, 
Chapter 4 (702.1). However, the Board has retained the specification 
that the maximum sound level of audible notification appliances be 110 
decibels, as well as an exception for medical care facilities that 
permits fire alarm systems to be provided in accordance with industry 
practice. In addition, the Board has clarified that compliant fire 
alarm systems must be ``permanently installed.'' The Board is not aware 
of portable systems currently available that meet the referenced NFPA 
specifications. Information on the referenced NFPA requirements for 
fire alarm systems is posted on the Board's Web site at www.access-
board.gov and in advisory notes.
    Comment. Commenters supported limiting the sound level to 110 
decibels, as proposed. However, some commenters noted that this did not 
conform with the maximum of 120 decibels specified in NFPA 72.
    Response. The Board has retained the 110 decibel specification as 
more appropriate, which, as a lower maximum, does not contradict the 
NFPA 72. In the final rule, the Board has clarified that the maximum 
sound level applies to the ``minimum hearing distance from the audible 
appliance,'' which is consistent with the NFPA 72.
    Comment. In the proposed rule, the Board sought comment on whether 
the frequency of audible alarms should be addressed and requested 
information on the optimal frequency range for people who are hard of 
hearing along with any available supporting data (Question 26). Most 
commenters favored a specified frequency range but few provided 
information, including supporting data, on what the range should be.

[[Page 44131]]

    Response. The Board has not included in the final rule a 
specification for the frequency of audible alarms.
703 Signs
    Requirements for signs provide specifications for raised characters 
(703.2), braille characters (703.3), the height and location of signs 
with tactile characters (703.4), visual characters (703.5), pictograms 
(703.6), and symbols of accessibility (703.7). This section has been 
reorganized and simplified in the final rule. Substantive changes 
include:
     Reorganizing and simplifying criteria for signs required 
to provide both tactile and visual access (703.2).
     Revising specifications for raised characters that cover 
height (703.2.5), stroke thickness (703.2.6), and spacing (703.2.7).
     Modifying specifications for braille (703.3 and 703.4.1).
     Recognizing elevator car controls in specifications for 
the height of visual characters (703.5.6).
     Revising the location of text descriptors of pictograms 
(703.6.3).
    Scoping requirements for signs in section 216 cover room 
designations, which are required to be tactile, and directional and 
informational signs which are not required to be tactile but must meet 
requirements for visual access. The proposed rule specified that 
tactile signs, where required, meet specifications for both tactile and 
visual characteristics. The proposed rule also applied specifications 
based on whether the requirements were met with one sign or separately 
through two signs. There were some differences between the requirements 
for combined tactile-visual signs and those provided separately, which 
represented slight compromises in the desired level considered 
necessary for signs providing both tactile and visual access. The 
proposed rule provided criteria where characters are both tactile and 
visual (703.2) and criteria for tactile characters (703.3) and visual 
characters (703.4) that are provided separately.
    Comment. Commenters considered the section on signs to be unduly 
complex and redundant and urged the Board to simplify the signage 
criteria.
    Response. The repetition and complexity of the signage section 
stemmed from detailing requirements separately for signs where one set 
of character forms meet the tactile and visual specifications and for 
signs where such criteria are met separately through two set of 
character forms. Many of the specifications were the same for both 
types of signs. In the final rule, the Board has simplified the section 
and removed repetitive specifications while preserving most of the 
substance of the requirements as proposed. As reorganized, signs 
required to provide tactile and visual access must meet criteria for 
tactile characters (703.2), braille (703.3), mounting height and 
location (703.4), and visual characters (703.5). However, where access 
is provided through one set of characters, not all the requirements for 
visual access must be met. This is clarified in an exception which, 
consistent with the proposed rule, applies only the specifications for 
finish and contrast to tactile characters that are also visual (703.5, 
Exception).
    Specifications for raised characters in section 703.2 address the 
depth, case, style or font type, character proportion and height, 
stroke thickness, and character and line spacing. The proposed rule, 
consistent with the original ADAAG, specified a character height 
between \5/8\ inch and 2 inches. However, the proposed rule provided a 
tighter specification (\1/2\ to \3/4\ inch) for raised characters on 
signs where visual access is provided on a separate sign face because 
it is believed that smaller characters can be easier to read tactually. 
Since the specification for combination signs acknowledges that 2 inch 
characters are readable tactually, setting a different maximum seems 
unnecessary. The final rule retains the specified range of \5/8\ to 2 
inches, but an exception allows a \1/2\-inch minimum where the same 
information is provided separately on a visual sign (703.2.5).
    In the proposed rule, specifications for stroke thickness were 
based on the type of character cross section on signs providing both 
tactile and visual access (703.2.3.5). For characters with rectangular 
cross sections, a stroke thickness of 10% to 15% of the character 
height was specified (based on the uppercase ``I''). For those with 
non-rectangular cross sections, the stroke thickness was specified to 
be 15% maximum of the character height (measured at the top of the 
cross section) and 10% to 30% (measured at the base). Where tactile and 
visual characters are provided on separate signs, the proposed rule 
specified that the stroke thickness of tactile characters be no greater 
than 15% of the character height (703.3.2.5).
    Comment. Comments, including those from the signage industry, 
considered the specification based on the type of cross section to be 
unnecessarily complicated. Some comments pointed out that measurement 
and tactile reading of characters occur at the face, regardless of the 
cross section shape. Distinctions based on the cross section may be 
difficult to distinguish and enforce with respect to characters that 
are raised \1/32\ inch, according to commenters. They advised that a 
single specification would facilitate compliance while having little 
effect on access.
    Response. The Board has simplified the requirement for stroke 
thickness by relying solely on the specification that was included in 
the proposed rule for signs with tactile characters only. This 
specification requires a stroke thickness that is 15% of the character 
height (based on an uppercase ``I''), regardless of the type of cross 
section (703.2.6).
    As with stroke thickness, the proposed rule specified character 
spacing based on the type of cross section where signs provide both 
tactile and visual characters (703.2.4). A space of \1/8\ inch to \3/8\ 
inch was specified for characters with rectangular cross sections. For 
those with non-rectangular cross sections, this range applied to the 
top of the cross section and a range of \1/16\ inch to \3/8\ inch was 
permitted at the base. Where visual characters are provided on a 
separate sign, the proposed rule required spacing of \1/8\ inch to \1/
4\ inch between characters (703.3.3).
    Comment. Comments advised that this specification was too 
restrictive and did not take into account increased spacing for larger 
size characters (the permitted range allows heights up to 2 inches). It 
was recommended that spacing based on the stroke thickness of 
characters will provide proper spacing for tactile recognition and 
facilitate compliance. Some commenters pointed out that good practice 
may include varying the space between characters for optimum visual 
legibility. Some comments recommended a spacing range that was at least 
as wide as the stroke thickness and no more than four times this width.
    Response. In the final rule, the Board has revised the 
specification for character spacing (703.2.7). As recommended by 
commenters, the specified spacing range has been broadened to allow 
spacing up to four times the stroke width of raised characters. The 
Board has retained the minimum spacing requirements of the proposed 
guidelines and the distinction between characters with rectangular 
cross sections (\1/8\ inch minimum) and those without (\1/8\ minimum 
measured at the top and \1/16\ minimum measured at the base).
    Section 703.3 provides specifications for braille, including the 
dimensions and position.
    Comment. Braille is to be located below the corresponding text. 
Commenters noted that it is common

[[Page 44132]]

practice to locate braille next to the text on some signs, such as room 
numbers. These comments urged the Board to revise this specification to 
allow braille placement adjacent to text, as is permitted on elevator 
car controls.
    Response. The Board believes that a uniform location facilitates 
the use of braille. No changes have been made to the specified position 
below corresponding text.
    Braille does not include different upper and lower case letters. 
Instead, a character symbol is used to indicate capitalization. In the 
final rule, the Board has clarified that indication of uppercase 
letters is to be used only before the first word of sentences, proper 
nouns and names, individual letters of the alphabet, initials, and 
acronyms (703.3.1). A similar clarification has been included in the 
new ANSI A117.1 standard.
    The proposed guidelines specified that braille be separated at 
least \1/4\ inch from other tactile characters and at least \3/8\ inch 
from raised borders and other decorative elements (703.3.2). In the 
final rule, the Board has revised the minimum separation between 
braille and tactile characters from \1/4\ inch to \3/8\ inch for 
consistency with the ANSI A117.1 standard.
    Section 703.4 covers the mounting height and location of signs with 
tactile characters. Such signs are to be mounted so that the tactile 
elements (raised characters and braille) are between 48 to 60 inches 
high, measured to the baseline of characters.
    Comment. The proposed rule specified a range of height of 48 to 60 
inches for raised characters and a range of 40 to 60 inches for 
braille. Commenters considered the 40 inch specification too low, as 
research suggests that braille mounted below 48 inches can be difficult 
to read. Further, comments noted that the minimum 40 inch height did 
not correlate with the minimum specified for raised characters.
    Response. The Board combined the height and location requirements 
for raised and braille characters into one section (703.4) for 
clarification and simplicity. As a result, the height of braille and 
raised characters are held to the same range: 48 to 60 inches above the 
floor or ground (703.4.1).
    Tactile signs are required to be located alongside the latch side 
of doors so that clear floor space at least 18 by 18 inches, centered 
on the tactile characters, is provided outside the door swing 
(703.4.2). At double doors with two active leafs, signs are to be 
located on the right-hand side or, if no wall space is available, on 
the nearest adjacent wall. Signs are permitted on the push side of 
doors with closers and without hold-open devices.
    Comment. A commenter advised that the specification should address 
double doors with only one active leaf.
    Response. The Board has added a provision for double doors with one 
active leaf which requires the location of signs on the inactive leaf 
(703.4.2).
    Section 703.5 provides specifications for visual characters which 
address finish and contrast, case, style, character proportions and 
height, height, stroke thickness, and character and line spacing. As 
part of the reorganization of the signage requirements, the Board has 
added an exception, consistent with the proposed rule, which applies 
only the specifications for finish and contrast (703.5.1) where tactile 
and visual access are provided through the same characters. Where signs 
provide tactile and visual access separately, visual characters must 
comply with all applicable specifications in section 703.5.
    Visual characters are required to be located at least 40 inches 
high (703.5.6). For consistency with specifications for elevators in 
section 407, the Board has added an exception noting that the 40 inch 
minimum does not apply to visual characters indicating elevator car 
controls (703.5.6, Exception).
    Section 703.6 contains requirements for pictograms. This section 
applies to those pictograms, where provided, that are used to label 
permanent interior rooms and spaces. The specifications of 703.6 do not 
apply to other types of pictograms, including those specified in 
section 703.7 to label various accessible elements and spaces. Under 
703.6.3, text descriptors with raised and braille characters are 
required below pictograms. The proposed rule allowed alternative 
placement adjacent to pictograms. The Board has removed this 
alternative in the final rule to enhance uniformity in the location of 
tactile text descriptors.
704 Telephones
    Section 704 provides technical criteria for telephones, including 
provisions for wheelchair access (704.2), volume control (704.3), and 
TTYs (704.4). Most comments addressed specifications for volume 
controls and TTYs.
    All public telephones are required to be equipped with volume 
control, as discussed above in section 217. This is consistent with 
other Board guidelines covering access to telecommunications products 
issued under section 255 of the Telecommunications Act of 1996, which 
requires telecommunications products and services to be accessible. 
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.
    Comment. Persons who are hard of hearing and disability 
organizations urged an increase in the sound level of phones equipped 
with volume control. Some commenters specifically recommended a minimum 
25 decibels or greater. The Board sought comment from pay telephone 
manufacturers and providers on the time frame necessary to produce 
products that meet the proposed specifications for volume control 
(Question 27). Few comments from industry addressed this question, 
though other commenters suggested that meeting the proposed volume 
control specifications should not be difficult under current telephone 
technology.
    Response. The proposed specification was consistent with 
accessibility guidelines the Board issued under section 255 of the 
Telecommunications Act and standards issued under section 508 of the 
Rehabilitation Act Amendments. In rulemaking on the Telecommunications 
Act Accessibility Guidelines, similar comments were received from 
persons who are hard of hearing who reported having trouble using 
public pay telephones because of inadequate receiver amplification 
levels and who supported adjustable amplification ranging from 18-25 
decibels of gain. 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 standard-setting 
bodies, wherever possible.
    The ANSI A117.1 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. The 
Board has retained the 20 decibel specification in this final rule 
(704.3) for consistency with the ANSI A117.1 standard, the 
Telecommunications Act Accessibility Guidelines, and the Board's 
section 508 standards.
    Comment. 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. In the proposed

[[Page 44133]]

rule, the Board requested information on the feasibility and cost of 
equipping new and existing public pay telephones with a mute button and 
whether such a requirement should be included in the final rule 
(Question 28). Few comments addressed this issue. Those that did 
generally supported such a requirement, although information on 
feasibility and cost was not received.
    Response. While the Board believes that mute buttons could benefit 
all telephone users in noisy environments, particularly those who are 
hard of hearing, the Board has opted not to establish such a 
requirement at this time due to the absence of product information and 
cost data.
    The proposed guidelines included a provision that applied the 
criteria for protruding objects in section 307 to wheelchair accessible 
telephones and enclosures (704.2.3). The Board has removed this 
provision as unnecessary in the final rule. Section 307 applies to a 
variety of building elements, including telephones and enclosures, 
under the scoping provision for protruding objects (204). This revision 
is consistent with the ANSI A117.1-2003 standard.
    Section 704.4 provides specifications for TTYs. The proposed rule 
included requirements so that TTYs were accessible to persons who use 
wheelchairs. This included a requirement that the touch surface of TTY 
keypads be 30 to 34 inches high (704.4.1).
    Comment. Many commenters indicated that TTYs are mounted too low to 
be used comfortably by people not using wheelchairs. According to these 
commenters, compliance with wheelchair access provisions greatly 
compromises their usability by the majority of persons with hearing or 
speech impairments who do not use wheelchairs. Commenters urged that a 
higher surface height for TTY keypads be specified. Organizations 
representing persons who are deaf recommended a keyboard height of 33 
to 35 inches where users are expected to stand. A manufacturer of TTY-
equipped pay telephones indicated that its products provide TTY keypads 
at a height of 36 to 40 inches and requested that this range be 
permitted.
    Response. The Board has revised the specified height of TTY keypads 
from the proposed range of 30 to 34 inches to a minimum of 34 inches 
(704.4.1). In addition, the Board has removed other specifications 
concerning wheelchair access, which is consistent with the original 
ADAAG. These specifications include a requirement that the operable 
parts of both the TTY and the telephone be accessible according to 
section 309, which specifies accessible reach ranges, and provide clear 
floor space for a forward approach to the TTY. However, these changes 
do not impact the requirements for other types of telephones required 
to be wheelchair accessible according to section 704.2.
    Comment. The proposed rule provided an exception from the height 
and clearance requirements for TTYs at telephones located in cubicles 
equipped with fixed seats (704.4.1). As proposed, this exception 
applied only to assembly occupancies and allowed half of TTYs at 
telephones with seats not to comply. Comments recommended that this 
exception apply to other types of facilities since seats at phones may 
provide a desired convenience for TTY users.
    Response. As a result of the changes concerning wheelchair access, 
the exception applies only to the specified keypad height and allows a 
height below 34 inches where seats are provided at telephones with 
TTYs. In the final rule, the Board has broadened this exception to 
apply to all telephones with seats in any type of facility.
    Comment. The 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 requested 
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 (Question 29). 
Little information was received in response to this question. 
Respondents to this question reiterated their concern about wheelchair 
access resulting in TTYs that are too low for persons who are standing. 
Other commenters recommended that research be conducted to develop 
information on the appropriate height of display screens.
    Response. The Board has not included any specifications concerning 
the height of TTY display screens in the final rule.
705 Detectable Warnings
    Section 705 provides the technical specifications for detectable 
warnings, a distinctively textured surface of truncated domes 
identifiable by cane and underfoot. This surfacing is required along 
the edge of boarding platforms in transit stations. The original ADAAG 
included a requirement for detectable warnings on the surface of curb 
ramps to provide a tactile cue for persons with vision impairments of 
the boundary between sidewalks and streets where the curb face had been 
removed. It also required them at locations where pedestrian areas 
blend with vehicular areas without tactile cues, such as curbs or 
railings, and at reflecting pools. Certain requirements for detectable 
warnings were temporarily suspended in the original ADAAG and were not 
included in the proposed rule, as further discussed in section 406 
above. Consequently, the requirements in section 705 are required only 
at boarding platforms in transportation facilities (810.5.2). Revisions 
made in the final rule include:
     Revising specifications for the diameter and spacing of 
truncated domes to allow a range (705.1.1 and 705.1.2).
     Clarifying the square grid pattern of truncated domes 
(705.1.2).
     Simplifying requirements for contrast between detectable 
warnings and adjoining walking surfaces (705.1.3).
     Removing provisions generally recognizing alternatives to 
the detectable warnings specified.
     Clarifying the application of the requirements to the 
edges of boarding platforms (705.2).
    The detectable warning criteria specify a pattern of evenly-spaced 
truncated domes. The Board has added clarification, consistent with 
provided figures, that the domes be aligned in a square grid pattern 
(705.1).
    Comment. The proposed rule specified that the truncated domes have 
a diameter of 0.9 inch, measured at the base. A commenter cited 
research conducted in Japan which indicated that a surface very similar 
to that specified by section 705 ranked high in detectability. It was 
recommended, based on this research, that a diameter of 0.4 inch to 0.9 
inch be specified for domes, measured at the top. In addition, this 
commenter recommended that the spacing between domes be revised from an 
absolute of 2.35 inches to a range of 1.6 to 2.35 inches.
    Response. In the final rule, the Board has revised the 
specification for the diameter and spacing of truncated domes to permit 
a range of dimensions (705.1.1). A range of 0.9 inch to 1.4 inches is 
specified for the base diameter. The top diameter range is specified to 
be 50% to 65% of the base diameter, which approximates the recommended 
0.4 inch to 0.9 inch range. The center-to-center spacing of domes has 
been changed from 2.35 inches absolute, to a range of 1.6 inches 
minimum to 2.4 inches maximum, with a minimum separation measured at 
the base of 0.65 inch (705.1.2). The revised base diameter and spacing 
dimensions will accommodate existing detectable warning products that 
were previously

[[Page 44134]]

deemed to provide an equivalent level of accessibility. ADAAG permits 
departures that provide equal or greater access as an ``equivalent 
facilitation.'' The Department of Transportation (DOT), which enforces 
the ADA's design requirements as they apply to various transportation 
facilities, reviews requested departures based on equivalent 
facilitation in consultation with the Board. Over the years, DOT has 
approved various detectable warning products that differ slightly from 
the ADAAG specifications. The specifications in the final rule derive 
from a review of these products and will encompass the variations among 
products previously approved by DOT under the equivalent facilitation 
clause.
    Detectable warnings are required to contrast visually from adjacent 
walking surfaces, either light-on-dark or dark-on-light. The proposed 
rule required the material used to provide contrast be an integral part 
of the truncated dome surface (705.2.2). This specification was 
intended to preclude the painting of detectable warning surfaces to 
meet the contrast requirements since painted surfaces would not be 
adequately slip resistant. However, requirements for ground and floor 
surfaces in section 302, which require slip resistance, apply to those 
surfaces with detectable warnings as well. The Board believes that the 
requirement for slip resistance in section 302 effectively prevents the 
painting of detectable warning surfaces. Consequently, it has removed 
the specification that the material used to provide contrast be an 
integral part of the detectable warning surface.
    Comment. The proposed rule specified that detectable warnings in 
interior locations differ from adjoining walking surfaces in resiliency 
or sound-on-cane contact (705.2.3). Commenters considered this 
provision to be of questionable usefulness and difficult to meet absent 
a recognized method of measuring resiliency or sound-on-cane contact.
    Response. The requirement for contrast in resiliency or sound-on-
cane contact between detectable warnings and adjoining walking surfaces 
in interior locations has been removed in the final rule.
    Comment. The proposed rule included provisions that generally 
recognized alternative tactile surfaces equally detectable underfoot or 
other designs or technologies that provide equal or superior drop-off 
warning at boarding platforms (705.3 and 705.4). Commenters opposed 
these provisions without further guidance or specificity on the type of 
alternatives that would be acceptable. Some commenters recommended that 
these provisions were unnecessary in view of the general provision for 
equivalent facilitation in section 103 permitting departures from this 
or any other requirement in the guidelines where equal or greater 
access is provided.
    Response. The Board has removed the provisions concerning 
equivalent products and technologies as an alternative to the 
detectable warnings specified by section 705. This change is consistent 
with the effort the Board made in the proposed rule to remove specific 
provisions concerning equivalent facilitation. The general provision 
for equivalent facilitation remains the basis upon which alternatives 
to the specified detectable warnings may be pursued. DOT's ADA 
regulations provide a process for the review of requested departures as 
an equivalent facilitation in relation to public transportation 
facilities.\24\
---------------------------------------------------------------------------

    \24\ 49 CFR 37.9(d).
---------------------------------------------------------------------------

    Section 705.2 specifies that detectable warnings along boarding 
platform edges be 24 inches wide. In the final rule, the Board has 
added clarification that the detectable warning is to extend the full 
length of the public use areas of platforms.
706 Assistive Listening Systems
    Section 706 provides specifications for assistive listening 
systems. Assistive listening systems pick up sound at or close to its 
source and deliver it to the listener's ear. This more direct 
transmission improves sound quality by reducing the effects of 
background noise and reverberation and, as needed, increasing the 
volume. These devices serve people who are hard of hearing, including 
those who use hearing aids. Assistive listening systems are generally 
categorized by their mode of transmission. Acceptable types of 
assistive listening systems include induction loops, infrared systems, 
FM radio frequency systems, hard-wired earphones, and other equivalent 
devices. A definition for ``assistive listening systems'' has been 
included in the final rule (section 106). Provisions address receiver 
jacks (706.2), compatibility with hearing aids (706.3), and system 
quality and capability (706.4 through 706.6).
    Comment. Receivers are required to have a \1/8\-inch standard mono 
jack so that users can use their own cabling as necessary. The proposed 
rule allowed other types of jacks where compliant adapters were 
provided (706.3). Comments strongly supported the requirement for the 
\1/8\-inch mono jack. Some commenters noted that this type of jack 
should be provided in all cases and that alternative types should not 
be allowed to avoid issues such as who is responsible for the provision 
of adapters.
    Response. In the final rule, the Board has specified that receivers 
include a \1/8\-inch (3.5 mm) standard mono jack and has removed 
language concerning other jack types and adapters (706.2).
    Section 706.3 specifies that receivers required to be compatible 
with hearing aids (25%) must be neck loops since this type interfaces 
with hearing aid T-coils. Many comments supported this provision and no 
changes to it have been made in the final rule.
    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.
    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 collecting 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. The criteria recommended by this research include:
     A signal-to-noise ratio of at least 18 decibels measured 
at the earphones.
     The capability of receivers to deliver a signal with a 
sound pressure level of at least 110 decibels and no more than 118 
decibels with a dynamic range on the volume control of 50 decibels.

[[Page 44135]]

     Peak clipping levels at or below 18 decibels down from the 
peak level of the signal.
    Comment. The Board sought comment on whether the criteria developed 
through the Lexington Center research should be included in the final 
rule (Question 30). Commenters overwhelmingly supported the inclusion 
of specifications for the performance and sound quality of assistive 
listening systems.
    Response. The Board has included performance criteria for assistive 
listening systems based on the Lexington Center research that address 
the sound pressure level (706.4), signal-to-noise ratio (706.5), and 
peak clipping level (706.6).
    A report from the Lexington Center on this research, ``Large Area 
Assistive Listening Systems: Review and Recommendations,'' is available 
from the Board and its Web site at www.access-board.gov. Additional 
resources stemming from the project, including a series of technical 
bulletins on assistive listening systems, are also available.
707 Automatic Teller Machines and Fare Machines
    Section 707 provides specifications for Automatic Teller Machines 
(ATMs) and fare machines. Requirements address clear floor or ground 
space (707.2), operable parts (707.3), privacy (707.4), speech output 
(707.5), input (707.6), display screens (707.7), and braille 
instructions (707.8). In the final rule, this section has been 
significantly reorganized and criteria for output and input 
substantially revised due to comments submitted by persons with 
disabilities, various disability groups, ATM manufacturers, banking 
institutions and trade associations, and others.
    Comment. Comments from the banking industry opposed the specific 
criteria proposed for ATMs in favor of a more flexible performance 
standard. Conversely, many comments from persons with vision 
impairments supported the proposed specifications or urged the Board to 
make them more stringent.
    Response. The original ADAAG relied on a performance criterion in 
specifying access to ATMs for people with vision impairments: 
``instructions and all information for use shall be made accessible to 
and independently usable by persons with vision impairments'' (4.34.5). 
Based on the level of access provided at ATMs under the original ADAAG, 
it is the Board's belief, consistent with the ADAAG Review Advisory 
Committee's recommendations, that a descriptive set of technical 
criteria is essential to ensure that ATMs are adequately accessible to, 
and usable by, persons with vision impairments. The Board has taken 
into consideration concerns raised by industry concerning various 
specifications, as well as information on improved technological 
solutions, in finalizing these criteria. A number of revisions have 
been made to the ATM requirements which are detailed below.
    Comment. Section 707 specifically covers ATMs and fare machines. In 
the proposed rule, the Board sought comment on whether this section 
should be extended to cover other types of interactive transaction 
machines (ITMs), such as point-of-sale machines and information kiosks, 
among others (Question 31). Information was requested on any possible 
design conflicts between the requirements of this section and any 
specific types of interactive transaction machines. Comments from 
disability groups and individuals with disabilities generally supported 
coverage of ITMs and point-of-sale machines. Most industry commenters 
opposed such an expansion since, in their opinion, such devices differ 
in structure and use from ATMs. Comments noted that computers used in 
point-of-sale machines rarely have the capacity for added functions, 
especially for speech. Commenters were particularly concerned that 
manufacturers, installers, and property owners would be held 
responsible for the content of web-based dynamic information. Several 
suggested that unlike ATMs, which are considered primarily single-
purpose devices, information kiosks are multi-purpose devices that 
cannot produce audio files anticipating the content of the video 
display.
    Response. The Board has elected not to broaden the scope of the 
rule to address all types of interactive transaction machines at this 
time. However, the Board has issued standards covering various types of 
electronic and information technology purchased by the Federal 
government under section 508 of the Rehabilitation Act. These standards 
encompass various types of interactive transaction machines that are 
procured by the Federal government. The Board intends to monitor the 
application of the performance-based section 508 standards to ITMs in 
the Federal sector for its consideration in future updates of these 
guidelines.
    Revisions made to this section include:
     Revising exceptions for drive-up ATMs to also cover drive-
up fare machines (707.2, 707.3, and 707.7).
     Modifying specifications for operable parts (707.3).
     Limiting privacy requirements to ATMs (707.4).
     Revamping and clarifying speech output capabilities and 
specifications (707.5).
     Modifying specifications for input controls (707.6).
     Adding a requirement for braille instructions (707.8).
    Sections 707.2 and 707.3 address clear floor or ground space 
requirements and operable parts, respectively. These provisions include 
exceptions for drive-up only ATMs. In the final rule, the Board revised 
these exceptions to cover fare machines as well.
    Comment. The proposed rule specified that operable parts be able to 
be differentiated by sound or touch without activation (707.3). 
Comments from industry noted that it would be difficult to achieve this 
requirement in the design of controls activated by touch. Some 
commenters advised that compliance would be more feasible if the 
provision recognized an allowable level of force that could be applied 
without the control being activated. Since many ATMs and fare machines 
allow users to cancel operations, including when a control is 
inadvertently activated, commenters questioned the need for this 
provision.
    Response. The Board agrees that keys which enable users to readily 
clear or correct input errors obviate the need for controls that can be 
differentiated by sound or touch without activation. In the final rule, 
the Board has revised the requirement to apply only at ATMs and fare 
machines that are not equipped with ``clear'' or ``correct'' keys.
    Section 707.4 ensures an equivalent level of privacy in the use of 
ATMs for all individuals, including those who use a machine's 
accessible features. In the final rule, this requirement has been made 
specific to ATMs, since privacy is generally of less concern in the use 
of fare machines.
    Section 707.5 provides requirements for speech output of ATMs and 
fare machines.
    Comment. ATM manufacturers and the banking industry opposed the 
specific criteria for audible output in the proposed rule (707.5) and 
urged the Board to replace them with more flexible performance 
requirements that would focus on the desired outcome instead of 
detailing how and to what extent access was to be achieved. Comments 
from disability groups strongly supported the approach taken

[[Page 44136]]

in the proposed rule. Some of these comments requested that the 
specifications cover the full range of machines used and types of 
output. For example, some pointed out that certain types of 
information, such as error messages, are often overlooked in the 
provision of audible output.
    Response. The Board has revised the requirements for audible output 
to emphasize the minimum performance capabilities necessary for access. 
This will allow room for technological innovations and improvements in 
providing access solutions, particularly with respect to audible 
output. On the other hand, the Board has also retained or added 
specific criterion so that a minimum level of accessibility is clearly 
established to avoid confusion or misinterpretation. The final rule 
clearly requires machines to be speech enabled, as opposed to the 
proposed rule's call for ``audible instructions.'' As revised, it 
requires that ``all displayed information for full use shall be 
accessible to and independently usable by individuals with vision 
impairments.'' The specification lists particular types of output, such 
as operating instructions and orientation, visible transaction prompts, 
user input verification, and error messages. However, the over-arching 
performance criterion governs, as the list of particulars is not 
exhaustive. Consistent with the proposed rule, the speech output must 
be delivered through devices readily available to all users, such as a 
telephone handset or an industry standard connector (e.g., an audio 
mini jack to accommodate a user's audio receiver).
    Comment. The Board sought information on the availability of ATMs 
that meet the audible output requirements of the proposed rule and any 
impact, including costs and technological difficulties, in developing 
new products that would comply (Question 35). Information was also 
requested on the practice of redeploying ATM equipment and the impact 
of the output requirements on this practice. Industry commenters 
expressed strong concerns about the cost and feasibility of providing 
speech output for new and refurbished machines. Industry commenters 
claimed that voice output would be burdensome by necessitating both 
hardware and significant software investments, including on-going 
maintenance to support changes in the services offered by the 
institution. Analysis of industry comments reveals an underlying 
concern that manufacturers, property owners, installers, and networks 
must coordinate to provide anything more than limited voice output. 
According to these comments, such coordination is not customary in the 
U.S. The banking industry expressed particular concern about the 
application of the guidelines to ATMs that are refurbished and 
redeployed. According to the industry, there is a large market for used 
ATMs, which have an average life of 10 years, though some can last up 
to 20 years; as new machines are installed in existing locations, those 
replaced are commonly redeployed elsewhere. Since the specifications 
apply not only to new ATMs, but to altered machines as well, commenters 
expressed concern about the cost and feasibility of retrofitting 
existing machines as part of their relocation. On the other hand, 
comments from disability groups indicated that satisfactory voice 
output is not only feasible but is actually being accomplished by 
various banking institutions, including through the retrofit of 
existing machines.
    Response. Many of the comments submitted by industry concerning the 
cost and impact of the requirements for audible output appeared based 
on the provision of recorded human speech. However, the Board intended 
other alternatives, which are considerably less expensive, such as 
digitized human speech and synthesized speech. Clarification of these 
permitted types of output are included in the final rule (707.5). New 
technologies for text-to-speech synthesis are becoming available that 
offer less expensive solutions in equipping machines with speech 
output. Such technologies, which can be installed through software or 
hardware enhancements, can generate all of the information required to 
be accessible in audible output. In the past year, the Board has become 
aware of various banks in different areas of the country that have 
provided new talking ATMs that take advantage of improved speech output 
technologies. With respect to refurbished machines, the requirements of 
these guidelines as they apply to altered elements permit departures 
where compliance is not technically feasible; in such cases, compliance 
is required to the maximum extent feasible (202.3, Exception 2). Some 
industry commenters expressed concern about the proposed requirements 
and existing machines, including those that are not altered. However, 
the scope of these guidelines, consistent with the Board's mandate, 
extends only to new construction and planned alterations and additions. 
The Board does not generally have jurisdiction over requirements for 
existing facilities that are otherwise not being altered. Under the 
ADA, regulations issued by the Department of Justice (DOJ) effectively 
govern requirements that apply to existing places of public 
accommodation. How, and to what extent, the Board's guidelines are used 
for purposes of retrofit, including removal of barriers and provision 
of program access, is wholly within the purview of DOJ. It is the 
Board's understanding that DOJ is aware of the concern as raised by 
various commenters generally and that DOJ plans to address these 
concerns in its rulemaking to revise its ADA standards pursuant to the 
Board's final rule.
    Comment. In the proposed rule, the Board requested comment on 
whether ATM manufacturers or banks intend to provide audio output 
receivers for customers who need them to access audible output and 
whether customers needing such output could reasonably be expected to 
provide their own receivers (Question 34). Few comments addressed this 
question. Several individuals with vision impairments indicated that 
they carry headphones for talking book players and other audio devices.
    Response. The Board has not included any requirements concerning 
the provision of audio output receivers.
    Comment. The proposed rule included an advisory note indicating 
that audible tones can be used instead of speech for personal input 
that is not displayed visually for security purposes, such as personal 
identification numbers (707.5.3). Comments from industry supported this 
clarification but noted that it would be more appropriately located 
within the text.
    Response. The Board agrees that the advisory note actually 
functioned as an exception to the requirement for speech output and has 
added it to the text in the final rule (707.5, Exception 1).
    Comment. Comments from persons with disabilities requested that all 
visually displayed information, including advertisements, should be 
covered by the requirement for speech output.
    Response. The Board disagrees with coverage of extraneous 
information not needed in the conduct of all available transactions. In 
the final rule, an exception has been added which notes that 
advertisements and similar information are not required to be audible 
unless they convey information that can be used in the transaction 
being conducted (707.5, Exception 2). This exception helps further 
clarify the scope of the general performance requirement of 707.5 by 
describing the type of information that is not covered.

[[Page 44137]]

    Comment. Comments from industry pointed out that compliance will be 
difficult and extremely costly, if not impossible, for certain types of 
machines that cannot support speech synthesis. Some machines cannot 
``read'' or ``pronounce'' dynamic alphabetic text. Dynamic alphabetic 
text includes words that cannot be known in advance by the machine or 
its host. Audible dynamic text requires either pre-recorded files or a 
text-to-speech synthesizer to convert electronic text into speech using 
pre-programmed pronunciation rules.
    Response. Because it would be impossible to pre-record files to 
anticipate all the possible dynamic alphabetic combinations in the 
English language, speech synthesis is the only practicable solution for 
producing dynamic alphabetic audible output. The Board has added an 
exception for machines that cannot support speech synthesis. Under this 
exception, dynamic alphabetic output is not required to be audible 
(707.5, Exception 3).
    Comment. Persons with vision impairments and disability groups 
indicated that ``repeat'' and ``interrupt'' functions greatly 
facilitate use of speech output. Such commenters also stated that 
volume control is an important feature in accommodating the full range 
of users. Industry commenters pointed out that interruption of speech 
output is critical because such output, even when not accessed through 
a handset or earphones, is continuously running and will otherwise 
lengthen the time of all operations and transactions.
    Response. The Board has added a provision that machines allow users 
to repeat or interrupt speech output (707.5.1). An exception allows 
speech output for any single function to be automatically interrupted 
once a transaction is selected. This specification replaces a 
requirement in the proposed rule that users be able to expedite 
transactions (707.5.4.2). In addition, the Board has included a 
requirement for a volume control.
    Comment. The proposed rule contained a requirement that ATMs 
dispense paper currency in descending order with the lowest 
denomination on top (707.5.7). Comments from the banking industry noted 
that while this requirement is feasible, the denominations of currency 
dispensed varies depending on which bills are still available in a 
machine before it is re-supplied.
    Response. The Board has removed the requirement for bills to be 
dispensed in descending order since the order of dispensation will not 
ensure that users will be able to identify each bill's denomination.
    Comment. The proposed rule required that machines have the 
capability to provide information on receipts in an audible format as 
well (707.5.8). Some comments from individuals with vision impairments 
urged the Board to revise this requirement to clearly apply to all data 
contained on a receipt. Industry representatives, however, advised that 
the requirement should apply only to essential information concerning a 
transaction. These comments noted that some information that may not be 
of interest or use to customers is nevertheless required to appear on 
printed receipts under Federal mandates. In addition, the banking 
industry indicated that some ATMs have the capability to provide copies 
of records, such as bank statements, which should not be subject to the 
speech output requirements.
    Response. The Board has revised the requirement for receipt 
information to more clearly distinguish the type of information 
required to be provided through speech output and the type that is not. 
The final rule requires that speech output devices provide all 
information on printed receipts, where provided, necessary to complete 
or verify a transaction, including balance inquiry information and 
error messages (707.5.2). Extraneous information that may be provided 
on receipts, such as the machine location and identifier, the date and 
time, and account numbers is not required to be provided through speech 
output (Exception 1). In addition, the Board has also exempted receipt 
information that duplicates audible information on-screen (Exception 2) 
and printed materials that are not actual receipts, such as copies of 
bank statements and checks (Exception 3).
    Section 707.6 covers input controls, including numeric and function 
keys.
    Comment. The proposed rule required all keys used to operate a 
machine to be tactually discernable (707.4.2). It included 
specifications for key surfaces to be raised \1/25\ inch minimum and 
that outer edges have a radius of \1/50\ inch maximum (707.4.2). It 
also required a minimum separation between keys of \1/8\ inch and 
specified a distance between function and numeric keys based on the 
distance between numeric keys (707.4.3). Comments from industry pointed 
to these provisions as unduly restrictive and raised questions about 
supporting data for the specified dimensions. These commenters urged a 
performance-based requirement as more appropriate.
    Response. The Board has revised the final rule to require at least 
one input control for each function (as opposed to ``all keys'') to be 
tactually discernable (707.6.1). Key surfaces are required to be raised 
from surrounding surfaces, but the proposed \1/25\ inch minimum has 
been removed. In addition, the Board has also added a requirement 
specific to membrane keys. Such keys must also be tactually discernable 
from surrounding surfaces and other keys where they are the only method 
of input provided.
    Comment. Comments from persons with disabilities called attention 
to the importance of access to touch screens at fare machines and ATM 
machines. The proposed rule provided an exception for the touch screens 
of video display screens (707.4.2, Exception). This exception was meant 
to apply only to that method of input, since the Board intended that 
alternative method of input that is tactually discernable would be 
provided in addition to the touch screen. Commenters misread this 
exception as completely exempting touch screens from providing 
tactually discernable controls.
    Response. The Board has removed the exception for touch screens in 
the proposed rule to avoid misinterpretation of its intent. Instead, 
the Board has revised the requirement for tactually discernable input 
controls as applying to those key surfaces that are not on active areas 
of display screens (707.6.1). All machines with touch screens must have 
tactually discernable input controls as an additional alternative to 
those activated by touching the screen.
    Comment. The proposed rule specified the arrangement of numeric 
keys according to the standard 12-key telephone keypad layout, which 
provides numbers in ascending order (707.4.4). The ATM and banking 
industries indicated that numbers may be arranged in descending order, 
similar to the arrangement of numeric keys on standard computer 
keyboards as required by other national standards, such as those issued 
in Canada. Since ATM manufacturers operate internationally, consistency 
with other national standards is a key industry concern.
    Response. The final rule requires numeric keys to be arranged in an 
ascending or descending telephone keypad layout (707.6.2). The number 
five key is required to be tactually distinct from the other keys (a 
raised dot is commonly used).
    Comment. The proposed rule required function keys to be arranged in 
a specific order and specified particular tactile symbols and colors 
for standard keys (707.4.5). Comments from industry

[[Page 44138]]

opposed the mandate for a particular key arrangement which it 
considered impractical due to various factors that influence the design 
and layout of function keys. Further, these commenters questioned the 
need for such a requirement in view of provisions concerning the 
tactile labels of keys and audible operating instructions and 
orientation. In addition, comments noted that the tactile symbol 
assigned to ``clear'' or ``correct'' keys (vertical line or bar) was 
inconsistent with the symbol specified by Canadian standards (raised 
left arrow).
    Response. The Board has removed the requirement for function keys 
to be arranged in a particular horizontal or vertical order, which it 
considers unnecessary since such keys are to be labeled by standardized 
tactile symbols. This revision permits manufacturers flexibility in the 
design of function key layouts. In addition, the Board has changed the 
required symbol for ``clear'' or ``correct'' keys to a raised left 
arrow for consistency with Canadian standards (707.6.3.2).
    Comment. The Board specified colors for standard function keys in 
the proposed rule and sought comment on the appropriateness of this 
specification, particularly for people who are color blind (Question 
32). Few comments addressed this question. Instead most commenters 
pointed out that the specified colors did not correlate with standards 
used in Canada.
    Response. Since many ATM manufacturers operate internationally, the 
Board has elected to withdraw its color specification for function keys 
to avoid conflict with other existing national standards.
    Comment. 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. The Board sought comment on whether it should 
include a specific requirement that would allow users to extend the 
maximum time intervals between transactions beyond the amount of time 
typically allotted (Question 33). Commenters from the banking industry 
and ATM manufacturers noted that ATMs include standard features that 
ask if users want more time to conduct transactions. The requirements 
for speech output will ensure that such questions are accessible to 
users with vision impairments.
    Response. The Board has not included a requirement for extending 
transaction time intervals in view of industry practice.
    Section 707.7 addresses visual display screens and provides 
specifications for the screen height and the legibility of visual 
characters. An exception is provided for drive-up ATMs, which the Board 
modified in the final rule to also cover drive-up fare machines (707.7, 
Exception). Few comments addressed these provisions and no further 
substantive changes have been made.
    Comment. Persons with vision impairments requested the inclusion of 
a specific requirement for braille instructions. While braille 
instructions for full use of the machine are not necessary in view of 
the speech output requirements, these comments noted that instructions 
indicating how the speech mode is activated are needed in tactile form. 
For example, some machines may provide a jack through which users can 
access speech output by connecting personal earphones or other types of 
audio receivers. Without braille instructions, users may not readily 
determine the method for accessing speech output, which otherwise would 
only be tactually indicated by the jack itself.
    Response. The Board has included a requirement for braille 
instructions on initiating the speech mode (707.8).
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. As part of the integration of requirements for 
residential dwelling units from a separate chapter, provisions specific 
to communication systems in such facilities have been relocated to this 
section (708.4). No further changes have been made to section 708.
    One of the technical provisions requires that handsets, where 
provided, have cords long enough (at least 29 inches) to accommodate 
people using wheelchairs (708.3). The proposed guidelines included an 
exception from this requirement for communication systems located at 
inaccessible entrances. The Board has removed this exception in the 
final rule, consistent with the new ANSI A117.1 standard. This action 
was taken in view of situations where an entrance may be inaccessible, 
but a two-way communication serving it is on an accessible route. In 
such cases, the availability of a two-way communication system may be 
of particular benefit to people unable to access an entrance.
Captioning
    ADAAG and the Department of Justice's ADA regulations do not 
require captioning of movies for persons who are deaf. However, various 
technologies have been developed to provide open or closed captioning 
for movie theaters. One closed caption 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.
    Comment. In the proposed rule, the Board requested information on 
other types of captioning as it relates to the built environment and 
preferences among users (Question 36). Specifically, the Board sought 
information regarding the technical provisions that would be necessary 
to include in ADAAG to facilitate or augment the use of auxiliary aids 
such as captioning and videotext displays. Most comments from people 
with disabilities and disability organizations supported a requirement 
for captioning. However, most of these commenters stated a strong 
preference for open captioning over closed captioning because it 
provides easier viewing and seating flexibility. Some commenters 
expressed concerns about the reliability or convenience of particular 
closed captioning systems. Comments from the movie theater industry 
pointed out that the Department of Justice's ADA regulations issued 
under title III state that movie theaters are not required to present 
open captioned films, but are encouraged to voluntarily provide closed 
captioning.\25\
---------------------------------------------------------------------------

    \25\ 28 CFR part 36, section 36.303.
---------------------------------------------------------------------------

    Response. In the final rule, the Board has not included a 
requirement for built-in features that can help support the provision 
of captioning technologies.
Convenience Food Restaurants
    Convenience food restaurants, otherwise known as fast food 
restaurants, often provide people with the opportunity to order food 
from a drive-through facility. These facilities usually require voice 
intercommunication. The Department of Justice (DOJ) has required 
restaurants to accept orders at pick-up windows when

[[Page 44139]]

the communications system is not accessible to people who are deaf or 
hard of hearing.
    Comment. The Board requested comment on whether accessible 
communication should be required at drive-through facilities (Question 
37). Few comments addressed this question. Disability groups 
representing people who are deaf supported a requirement to ensure an 
equivalent level of access. Comments from the restaurant industry 
opposed such a requirement in favor of the approach taken by DOJ. 
Industry comments expressed concern about a mandated design solution's 
potential cost and the impact on drive-through communication devices.
    Response. The Board believes that further information needs to be 
developed on the technologies available to provide access for persons 
who are deaf to communication devices at drive-through facilities 
before specifying a requirement in these guidelines. A requirement for 
such access has not been included in the final rule.

Chapter 8: Special Rooms, Spaces, and Elements

    Chapter 8 covers various types of elements, rooms and spaces, 
including assembly areas (802), dressing, fitting, and locker rooms 
(803), kitchens and kitchenettes (804), medical care and long-term care 
facilities (805), transient lodging guest rooms (806), holding and 
housing cells in detention and correctional facilities (807), 
courtrooms (808), residential dwelling units (809), transportation 
facilities (810), and storage (811). In the final rule, requirements 
from other chapters have been relocated to this chapter. These include 
requirements for:
     Courtrooms at 808 (relocated from 232).
     Residential dwelling units at 809 (relocated from Chapter 
11).
     Transportation facilities at 810 (relocated from Chapter 
10).
     Storage at 811(relocated from 905).
    Substantive changes to these sections are discussed below.
802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats
    Section 802 provides requirements for wheelchair spaces, companion 
seats, and designated aisle seats in assembly areas. Requirements have 
been reorganized and renumbered. Substantive changes include:
     Revision of requirements for the approach to, and overlap 
of, wheelchair spaces (802.1.4 and 802.1.5).
     Clarification of lines of sight specifications for 
wheelchair spaces (802.2).
     New requirements for companion seats (802.3).
     Revision of criteria for designated aisles seats (802.4).
    Comment. Wheelchair spaces may be placed side-by-side, as reflected 
in specifications for width that are specific to adjoining spaces. The 
proposed rule specified that the approach to a wheelchair space could 
pass through one adjoining wheelchair space, but not others (802.5). 
This was done to limit the inconvenience to those occupying wheelchair 
spaces who would otherwise have to move, possibly from the space or row 
entirely, to accommodate others traveling to and from other wheelchair 
spaces in the same row. Comments from persons with disabilities urged 
that the rule be modified to prohibit travel through any wheelchair 
space.
    Response. In the final rule, the Board has modified specifications 
for the approach to wheelchair spaces so that travel through any 
wheelchair space is not required in accessing a wheelchair space 
(802.1.4). As a result, accessible routes cannot overlap wheelchair 
spaces.
    Comment. The Board sought comment on whether it should clearly 
prohibit circulation paths (not just accessible routes) from 
overlapping wheelchair spaces (Question 38). Persons with disabilities 
overwhelmingly supported such a change to ensure that people using 
wheelchair spaces do not have to shift or move out of the way of other 
pedestrian traffic while occupying spaces. Comments from industry noted 
that such a requirement would increase space requirements at wheelchair 
seating areas.
    Response. The Board agrees with the majority of comments that 
persons using wheelchair spaces should not have to contend with 
overlapping pedestrian traffic. Nor should occupied spaces obstruct 
circulation paths, particularly means of egress. A requirement that 
wheelchair spaces not overlap circulation paths is included in the 
final rule (802.1.5). This requirement is intended to apply only to the 
circulation path width required by applicable building and fire codes 
and helps ensure consistency between accessibility and life safety 
criteria. Such codes generally do not permit wheelchair spaces to block 
the required width of a circulation path. In various situations, the 
new requirement is expected to have modest impacts. For example, where 
a main circulation path located in front of a seating row with a 
wheelchair space is wider than required by applicable building and fire 
codes, the wheelchair space may overlap the portion of the path width 
provided in excess of code requirements. Where a main circulation path 
is located behind a seating row with a wheelchair space that is entered 
from the back, the aisle in front of the row may need be to be wider in 
order not to block the required circulation path to the other seats in 
the row, or a mid-row opening may need to be provided to access the 
required circulation path to the other seats.
    In the proposed rule, the Board posed several questions concerning 
the requirements for the dispersion of wheelchair spaces (which were 
located in section 802.6). These requirements have been revised and 
relocated to the scoping section for wheelchair spaces at section 221. 
As discussed above, the Board has clarified the intent of the proposed 
rule in calling for a choice in viewing angles comparable to that 
provided other spectators. In addition, the Board removed a criterion 
for dispersion based on a comparable choice in admission prices. In the 
final rule, it is required that wheelchair spaces be dispersed so that 
persons using them have ``choices of seating locations and viewing 
angles that are substantially equivalent to, or better than, the 
choices of seating locations and viewing angles available to all other 
spectators'' (221.2.3). Like the proposed rule, specifications are 
provided for horizontal (side to side) and vertical (front to back) 
dispersion. Wheelchair spaces must be located at ``varying distances 
from the screen, performance area, or playing field'' to achieve 
effective vertical dispersion. Exceptions from the requirements for 
horizontal and vertical dispersion requirements are provided for 
assembly areas with 300 seats or fewer.
    Section 802.2 covers lines of sight to the screen, performance 
area, or playing field for persons using wheelchair spaces. These 
technical provisions address sight lines over seated and standing 
spectators. The Board has revised these requirements (located in 
section 802.9 in the proposed rule). In the proposed rule, it was 
specified that wheelchair space sight lines be ``comparable'' to those 
provided ``in the seating area in closest proximity to the location of 
the wheelchair spaces, but not in the same row.'' In venues where 
people are expected to stand at their seats during events, wheelchair 
spaces were to be located so that users have lines of sight over 
standing spectators comparable to those provided others in nearby seats 
not in the same row.
    Comment. The proposed rule required that wheelchair spaces offer 
lines of sight ``comparable'' to those provided other spectators 
(802.9). Corresponding elevation drawings (Figures 802.9.1 and

[[Page 44140]]

802.9.2) illustrated lines of sight over the head of persons in the 
preceding row. Designers of assembly facilities expressed concern that 
these requirements, as illustrated, might be read to require this kind 
of sight line in all cases. However, a conventional practice is to 
design seating so that lines of sight are provided between, not over, 
the heads of persons in the preceding row through staggered seating. 
Generally, where the sight line is between the heads in the row 
immediately in front, it is also over the head of the second row. 
According to these commenters, comparable access at wheelchair seating 
should be based on the type of sight line (over heads or between heads) 
provided at inaccessible seats.
    Response. The final rule has been modified to clarify what 
constitutes comparable lines of sight over seated spectators (802.2.1) 
and standing spectators (802.2.2). Specifically, the revised 
specifications distinguish between sight lines provided over and 
between heads of spectators in the row ahead. Where lines of sight over 
the heads of spectators in the first row in front is provided, then 
those occupying wheelchair spaces must also be provided lines of sight 
over the heads of spectators in the first row in front of the spaces 
(802.2.1.1). A similar requirement for equivalency is specified where 
sight lines are provided over the shoulders and between the heads of 
spectators in the first row in front (802.2.1.2). Parallel provisions 
are provided for assembly areas where spectators are expected to stand 
during events (802.2.2.1 and 802.2.2.2).
    Section 802.3 addresses companion seats, which are required to be 
paired with wheelchair spaces (221.3). In the final rule, the Board has 
clarified that companion seats are to be located to provide shoulder 
alignment with adjacent wheelchair spaces (802.3.1). Consistent with 
the ANSI A117.1-2003 standard, the provision in the final rule 
specifies that shoulder alignment is to be measured 36 inches from the 
front of the wheelchair space and that the floor surface of companion 
seats is to be at the same elevation as that of wheelchair spaces. In 
the proposed rule (802.7), companion seats were required to be 
``readily removable.'' As discussed above in section 221, the final 
rule allows, but does not require, companion seats to be removable 
(802.3.2). In addition, the Board has added a requirement that 
companion seats be ``equivalent in quality, size, and comfort and 
amenities'' to seating in the immediate area (802.3.2). Amenities 
include, but are not limited to, cup holders, arm rests, and storage 
pockets.
    Section 802.4 provides technical criteria for designated aisle 
seats. These seats are intended to provide access for people with 
disabilities who do not need or prefer wheelchair spaces.
    Comment. The proposed rule required that such seats have removable 
or folding armrests or no armrests on the aisle side. Comments noted 
that this should apply only where armrests are provided on seats in the 
same area. Comments from persons with disabilities felt that armrests 
should be required at designated aisle seats if other seats have 
armrests. Facility operators noted that it is not practical to provide 
removable armrests because they become misplaced, lost, or stolen over 
time.
    Response. Requirements for armrests have been revised to apply only 
where armrests are provided on seating in the immediate area. Armrests 
on the aisle side of the seat are required to be folding or 
retractable. Complying armrests are not required where no armrests are 
provided on seats.
803 Dressing, Fitting, and Locker Rooms
    Requirements for dressing rooms, fitting rooms, and locker rooms 
are contained in section 803.
    Comment. Section 803.2 requires wheelchair turning space in 
accessible rooms. In the proposed rule, an exception to this provision 
noted that a portion of this space (6 inches maximum) could extend 
under partitions or openings without doors that provide toe clearance 
at least 9 inches high. Many comments opposed this exception since, as 
written, it would allow a 6-inch portion of the 5-foot turning space on 
both sides to be located beyond two side partitions, possibly resulting 
in dressing or fitting rooms that are only 4 feet wide.
    Response. This exception concerning wheelchair turning space has 
been removed in the final rule (803.2). Requirements for wheelchair 
turning space in section 304 specify dimensions and recognize knee and 
toe space. However, permitted overlaps are limited. For example, an 
object with knee and toe clearance can overlap only one arm or the base 
of T-shaped turning space (304.3.2).
    The proposed rule prohibited doors from swinging into the turning 
space (803.3). In the final rule, the Board has revised this 
requirement for consistency with the ANSI A117.1 standard. As revised, 
this provision permits doors to swing into the room where wheelchair 
space beyond the arc of the door swing is provided. This specification 
is consistent with provisions for single-user toilet rooms and 
bathrooms (603.2.3, Exception 2).
804 Kitchens and Kitchenettes
    Requirements in section 804 apply to kitchens and kitchenettes, 
including those provided in transient lodging guest rooms and 
residential dwelling units. They also apply to spaces, such as employee 
break rooms, located in other facility types. In the final rule, 
requirements specific to kitchens in residential dwelling units have 
been folded into this section as part of the integration of the chapter 
on residential dwelling units (Chapter 11) into the rest of the 
document. Certain requirements intended only for dwelling unit kitchens 
have been modified accordingly. For example, requirements for 
clearances in pass through and U-shaped kitchens apply only to kitchens 
with cooktops or conventional ranges (804.2), and specified kitchen 
work surfaces are required only in kitchens in residential dwelling 
units (804.3). This reorganization does not substantively change the 
requirements of section 804 as they apply to kitchens not located in 
residential dwelling units. These include requirements for sinks 
(804.4), storage (804.5), and appliances (804.6).
    Substantive changes apply primarily to requirements for dwelling 
unit kitchens. These revisions concern:
     Clearances in pass through kitchens (804.2.1).
     Storage (804.5).
     Operable parts of appliances (804.6.2).
     Oven controls (804.6.5).
    Clearances for pass through kitchens address counters, appliances, 
or cabinets on two opposing sides. In the final rule, this provision 
has been revised to more clearly address situations where counters, 
appliances, or cabinets are opposite a parallel wall. In addition, the 
Board has changed references to ``galley kitchens'' with ``pass through 
kitchens'' for clarity.
    At least 50% of shelf space in storage facilities is required to be 
accessible (804.5). This is consistent with the proposed rule with 
respect to kitchens generally, but differs from proposed specifications 
for dwelling unit kitchens, which only addressed clear floor space at 
cabinets (1102.12.5). The final rule clarifies access requirements for 
storage in dwelling unit kitchens that is consistent with 
specifications for other types of kitchens.
    Requirements for appliances include provisions for operable parts 
(804.6.2), which are required to be accessible according to section 
309. Section 309

[[Page 44141]]

includes specifications for clear floor space (309.2), height (309.3), 
and operating characteristics (309.4). The proposed rule contained an 
exception for controls mounted on range hoods. This provision has been 
replaced by an exception to general scoping provisions for operable 
parts that addresses redundant controls (205.1, Exception 6). In the 
addition, the Board has added exceptions for appliance doors and door 
latching devices in section 804.6.2.
    Comment. Operable parts must be designed so they can be operated 
with one hand and without tight grasping, pinching, twisting of the 
wrist, or more than 5 pounds of force (309.4). Appliance manufacturers 
called attention to various appliances that cannot be easily redesigned 
to meet the maximum 5 pounds of force. At refrigerator and freezer 
doors, a tight seal is necessary for energy efficiency, as required by 
other Federal laws, which may result in an opening force that exceeds 5 
pounds of force. The latch used to secure dishwasher doors and create a 
water-tight seal also typically requires a force that may exceed 5 
pounds which would be difficult and costly to reduce.
    Response. The final rule provides an exception under which 
appliance doors and their latching devices are not required to comply 
with the specified operating characteristics for operable parts in 
section 309.4, including the maximum pounds of force for operation 
(804.6.2, Exception 1).
    Comment. Accessible reach ranges specify a minimum height of 15 
inches (308.3) for unobstructed reaches. The appliance industry called 
attention to certain types of doors that, when fully open, cannot 
easily meet this specification, such as dishwasher doors and doors of 
ovens and broilers that are part of free-standing ranges. Compliance 
with the reach range requirement when the door is fully open would 
severely impact the design and size of such appliances.
    Response. The Board has included an exception for bottom-hinged 
appliance doors, which do not have to be within reach range 
requirements specified in 309.3 when open (804.6.2, Exception 2).
    Ovens are required to have controls on front panels (804.6.5.3). A 
specification that these controls be to the side of the door has been 
removed in the final rule as unnecessarily restrictive.
805 Medical Care and Long-Term Care Facilities
    Section 805 addresses access to patient or resident sleeping rooms 
in medical care and long-term care facilities. Revisions made to this 
section include:
     Removing a stipulation that wheelchair turning space not 
extend beneath beds (805.2).
     Clarifying fixture requirements in accessible toilet and 
bathing rooms (805.4).
    Comment. Wheelchair turning space is required in patient rooms and 
resident sleeping rooms. The proposed rule prohibited this space from 
extending under beds (805.2). Commenters opposed this requirement, 
noting that it is inconsistent with specifications for wheelchair 
turning space in section 304 which recognize knee and toe clearances 
for specified portions of the turning space. Commenters questioned why 
space at beds are held to a higher standard. A similar requirement was 
included for transient lodging guest rooms (806.2.6) and holding and 
housing cells (807.2.1).
    Response. For consistency with specifications for wheelchair 
turning space in section 304, the Board has removed the requirement 
prohibiting beds from overlapping this space. Beds can overlap turning 
space up to six inches where adequate toe clearance (9 inches high 
minimum) is provided. This change was also made for transient lodging 
guest rooms and holding and housing cells.
    The Board has added clarification that toilet and bathing rooms 
provided as part of a patient or resident sleeping room contain at 
least one water closet, lavatory, and bathtub or shower (805.4).
806 Transient Lodging Guest Rooms
    Section 806 addresses access to accessible guest rooms (806.2) and 
those guest rooms that provide access to persons who are deaf or hard 
of hearing (806.3). Substantive changes made to this section revise 
requirements for:
     Vanity counter spaces in accessible toilet or bathing 
rooms (806.2.4.1).
     Wheelchair turning space (806.2.6).
     Visual alarms (806.3.1).
     Telephones (806.3.2).
    Comment. Requirements for accessible toilet and bathing rooms 
include a provision for vanity counter top spaces, which in the past 
have been omitted from accessible guest rooms even where provided for 
inaccessible rooms. This provision requires accessible vanity counter 
tops at lavatories in accessible guest rooms if vanity counter tops are 
provided in other guest rooms (806.2.4.1). The proposed rule required 
the vanity top in accessible rooms to be at least 2 square feet. 
Industry commenters considered this specification unduly restrictive 
while persons with disabilities considered it inadequate in ensuring 
equivalent access. The proposed rule also applied requirements for 
reach ranges and operable parts (sections 308 and 309) which would have 
effectively required knee and toe clearances below the vanities.
    Response. The Board has removed the minimum surface requirement (2 
square feet) for vanity counter tops. The revised provision requires 
vanity counter top space in accessible rooms to be comparable, in terms 
of size and proximity to lavatories, to those provided in other rooms 
of the same type. In addition, the requirement for compliance with 
sections 308 and 309 has been removed in the final rule. This change is 
consistent with the ANSI A117.1 standard.
    A provision in section 806.2.6 prohibiting beds from overlapping 
wheelchair turning space has been removed for consistency with 
specifications for such space in section 304, as discussed above in 
section 805.2.
    Guest rooms required to have accessible communication features are 
required to have visual alarms. As discussed above in section 702, 
technical requirements for visual alarms in the proposed rule have been 
replaced with references to criteria in the NFPA 72. Corresponding 
revisions have been made to the provision for visual alarms in guest 
rooms (806.3.1). This provision references both the visual and audible 
criteria for alarms in the NFPA standards.
    Guest rooms providing communication access are also subject to 
requirements for notification devices and telephones (806.3.2). 
Telephones must have volume control. Also, telephones must be served by 
an accessible outlet not more than 4 feet away to facilitate use of 
TTYs. In the proposed rule, both of these requirements applied to 
``permanently installed'' telephones. The Board has removed the term 
``permanently installed'' because it is the Board's understanding that 
the Department of Justice will clarify the application of the 
guidelines to permanently installed elements in its rulemaking to 
update its standards for consistency with these guidelines.
807 Holding Cells and Housing Cells
    This section provides requirements for cells or rooms required to 
be accessible in detention or correctional facilities and judicial 
facilities. Revisions made to this section include:
     Removing a provision that wheelchair turning space not 
extend beneath beds (807.2.1).

[[Page 44142]]

     Clarifying fixture requirements in accessible toilet and 
bathing rooms (807.2.4).
     Relocating requirements for drinking fountains to the 
general scoping provision (211.1).
     Revising requirements for telephone volume controls 
(807.3.2).
    A provision in section 807.2.1 prohibiting beds from overlapping 
wheelchair turning space has been removed for consistency with 
specifications for such space in section 304, as discussed above in 
section 805.2.
    The Board has added clarification that at least one water closet, 
lavatory, and bathtub or shower, where provided, must be accessible 
(807.2.4). In addition, a requirement for drinking fountains has been 
removed (807.2.4 in the proposed rule) due to revisions made to the 
scoping provisions for drinking fountains in section 211, as discussed 
above.
    Telephones, where provided within cells, must be equipped with 
volume controls (807.3.2). In the proposed rule, this requirement 
applied to telephones that are ``permanently installed.'' As discussed 
above in section 806, the Board has removed this qualifier for 
consistency with the rest of the document.
808 Courtrooms
    Section 808 provides requirements for courtrooms. These 
requirements have been relocated without substantive change from the 
scoping section for judicial facilities (231).
809 Residential Dwelling Units
    The format and structure of these guidelines are designed to 
encourage an approach to accessibility that is more integrated than 
that of the original ADAAG. As a result, distinctions between facility 
types are minimized both in terms of substance and structure. The Board 
has sought to further this approach and to make the document more 
internally consistent by folding those remaining chapters specific to a 
facility type (residential and transportation) into the other chapters 
which apply to facilities more generally. Section 809 is based on 
requirements for residential dwelling units contained in Chapter 11 in 
the proposed rule. Other provisions have been integrated into other 
chapters as appropriate. In some cases, the Board determined that 
scoping or technical provisions applicable to facilities generally were 
sufficient without the addition of language specific to residential 
facilities. Most of the provisions, including those in section 809, 
have not been substantively changed. Those that have are discussed at 
the new location. The following list identifies the new location of the 
provisions that were contained in Chapter 11:
     1101.1 and 1102.1 Scoping, covered by 233.
     1102.2 Primary Entrance, now at 206.4.6.
     1102.3 Accessible Route, now at 809.2.
     1102.4 Walking Surfaces, covered generally by 403.
     1102.5 Doors and Doorways, now at 206.5.4.
     1102.6 Ramps, covered generally by 405.
     1102.7 Private Residence Elevators, now at 206.6 (scoping) 
and 409 (technical).
     1102.8 Platform Lifts, covered generally by 206.7 
(scoping) and 410 (technical).
     1102.9 Operable Parts, now at 205.
     1102.10 Washing Machines and Clothes Dryers, covered 
generally by 214.
     1102.11 Toilet and Bathing Facilities, now at 809.4 and 
Chapter 6.
     1102.12 Kitchens, now at 809.3 and 804.
     1102.13 Windows, covered generally by 229.
     1102.14 Storage Facilities, covered generally by 225 
(scoping) and 811 (technical).
     1103 Dwelling Units with Accessible Communication 
Features, now at 809.5 and 708.4.
    Comment. Several commenters expressed concern about these 
requirements and their relationship to those issued by the Department 
of Housing and Urban Development under the Fair Housing Act.\26\ These 
commenters urged the Board and the Department of Justice to clarify 
which types of housing facilities are subject to the ADA and to make 
the requirements consistent with the Fair Housing Accessibility 
Guidelines.\27\ Other commenters recommended that the Board reconcile 
differences with the standards for residential facilities contained in 
the ANSI A117.1 standard.
---------------------------------------------------------------------------

    \26\ The Fair Housing Amendments Act of 1988 expanded coverage 
of Title VII of the Civil Rights Act of 1968 (42 U.S.C. 3601-3620) 
to prohibit discriminatory housing practices based on handicap and 
familial status.
    \27\ 24 CFR part 100.
---------------------------------------------------------------------------

    Response. This rule updates guidelines used to enforce the design 
requirements of the ADA and the ABA. While the ADA does not generally 
cover private residential facilities, its coverage is interpreted as 
extending to housing owned and operated by State and local governments. 
Under the ADA, the Department of Justice determines the application of 
the guidelines to residential facilities. In addition, the ABA, which 
applies to federally funded facilities, may apply to public housing and 
other types of residential facilities that are designed, built, or 
altered with Federal funds. Section 809 serves to update the 
requirements for dwelling units contained in the current ABA 
requirements, the Uniform Federal Accessibility Standards (UFAS), while 
providing new criteria in the ADA guidelines. Both the ADA and ABA 
establish design requirements for new construction and alterations that 
ensure full access for persons with disabilities. This mandate is 
considerably different than that established by the Fair Housing Act, 
which applies to covered multi-family housing in the private and public 
sectors. Consequently, the level of access specified by the ADA and ABA 
guidelines differs from that specified by the Fair Housing 
Accessibility Guidelines. The requirements proposed by the Board derive 
from guidelines for residential facilities contained in the ANSI 
A117.1-1998 standard. However, in both the proposed and final rule, the 
Board has found it necessary to deviate from the ANSI A117.1 in limited 
areas. The Board intends to continue to work with the ANSI A117 
Committee to reconcile differences between both documents in this and 
other areas.
    The proposed rule, consistent with the ANSI A117.1-1998 standard, 
required all toilet and bathing facilities to comply in accessible 
dwelling units. The new ANSI standard requires that at least one toilet 
and bathing facility be accessible. The ANSI Committee adopted this 
change due to concerns about the impact of full scoping in light of 
revisions to its technical requirements for toilet and bathrooms. The 
technical revisions it approved are consistent with those finalized by 
the Board in this rulemaking. The Board also had concerns about the 
application of the proposed requirement to certain types of housing, 
such as group homes. In the final rule, the Board has revised the 
provision (809.4) to require access to at least one toilet and bathing 
facility, consistent with the ANSI A117.1-2003 standard.
    Other comments concerning provisions for residential dwelling units 
that have been relocated to other sections are discussed at the new 
location.

[[Page 44143]]

810 Transportation Facilities In the final rule, provisions in Chapter 
10 for transportation facilities have been integrated into other 
chapters. Most of these requirements are now located in section 810, 
but some provisions have been integrated into other sections:
     1001.1 Scope, now at 218.
     1002.1 through 1002.4, Bus Stops and Terminals, located at 
810.2 through 810.4.
     1002.5 Bus Stop Siting, now at 209.
     1003.1 Facilities and Stations, now at 218.
     1003.2 New Construction, now at 218.
     1003.2.1 Station Entrances, now at 206.4.4.
     1003.2.2 Signs, now at 810.6.
     1003.2.3 Fare Machines and Gates, covered generally by 220 
(Fare Machines) and 206.5 (Gates).
     1003.2.4 Detectable Warnings, now at 810.5.
     1003.2.5 Rail-to-Platform Height, now at 810.5.
     1003.2.6 TTYs, now at 217.4.7.
     1003.2.7 Track Crossings, now at 810.10.
     1003.2.8 Public Address Systems, now at 810.7.
     1003.2.9 Clocks, now at 810.8.
     1003.2.10 Escalators, now at 810.9.
     1003.2.11 Direct Connections, now at 206.4.4.
     1003.3 Existing Facilities, now at 218.
     1003.3.1 Accessible Route, covered generally by 206 
(Accessible Routes) and by 810.9 (Escalators).
     1003.3.2 Rail-to-Platform Height, now at 810.5.
     1003.3.3 Direct Connections, now at 206.4.
     1004.2 TTYs (in airports), now at 217.4.7.
     1004.3 Terminal Information Systems (in airports), now at 
810.7.
     1004.4 Clocks (in airports), now at 810.8.
    Section 810 provides requirements for bus boarding and alighting 
areas (810.2), bus shelters (810.3), and bus signs (810.4). Revisions 
address:
     Bus boarding and alighting areas, including specified 
dimensions (810.2.2).
     Clarification of requirements for bus shelters (810.3).
    Comment. Specifications in 810.2 for bus stops applied to ``bus 
stop pads'' in the proposed rule. Comments noted that this reference 
has been misinterpreted as applying to the vehicle space for buses 
which are sometimes provided with concrete pads, instead of to adjacent 
boarding areas.
    Response. For clarity, the Board has applied requirements to ``bus 
stop boarding and alighting areas'' instead of to ``bus stop pads.''.
    Comment. Bus stop boarding and alighting areas are required to be 
at least 96 inches long and 60 inches wide. The proposed rule specified 
that these dimensions were required to ``the maximum extent allowed by 
legal or site constraints'' (1002.2.2). Comments considered this 
language unclear or unnecessary.
    Response. The reference to legal or site constraints was intended 
to cover existing conditions that would effectively preclude sizing 
boarding and alighting areas to the minimum dimensions specified, such 
as narrow sidewalks. The Board has removed this language in section 
810.2.2 in favor of a general scoping provision for alterations (202.3) 
which recognizes instances where compliance is not technically 
feasible. In such cases, compliance is required to the maximum extent 
feasible.
    Section 810.3 addresses bus shelters, which are required to provide 
wheelchair space. The Board has included clarification that this space 
be located ``entirely within the shelter'' so that persons occupying 
the space can be adequately sheltered from the elements.
    Requirements for rail stations and airports are provided in 
sections 810.5 through 810.10. Most of these provisions apply 
specifically to rail stations, but some are applicable to airports as 
well, such as requirements for public address systems (810.7) and 
clocks (810.8). Revisions made to these provisions address:
     Rail platforms (810.5).
     Rail station signs (810.6).
     Public address systems (810.7).
     Escalators (810.9).
     Track crossings (810.10).
    Comment. Commenters advised that the specifications should address 
platforms for light rail vehicles which should be allowed to conform to 
the grade of the street.
    Response. The Board has explicitly specified that rail platforms 
shall slope no more than 1:48 in any direction, consistent with cross 
slope provisions for walking surfaces in section 403. An exception has 
been added for platforms at existing tracks or tracks laid in existing 
roadways (810.5.1). Such platforms are permitted to have a slope 
parallel to the track that is equal to the slope (grade) of the roadway 
or existing track.
    Rail platform requirements include specifications for detectable 
warnings along platform boarding edges not protected by screens or 
guards (810.5.2). The Board has added clarification that detectable 
warnings be provided ``along the full length of the public use area of 
the platform.''
    The proposed rule, consistent with the original ADAAG, provided 
specifications for the coordination of vehicles and platforms, 
including maximum changes in level (plus or minus \5/8\-inch) and 
horizontal gaps (3 inches for rail vehicles, 1 inch for automated 
guideway systems). Alternate specifications were provided for existing 
vehicles and stations. These requirements are paralleled in the Board's 
ADA Accessibility Guidelines for Transportation Vehicles.\28\ For 
simplicity, the Board has replaced requirements in section 810.5 with 
references to these specifications as contained in the guidelines for 
transportation vehicles (810.5.3). This revision does not substantively 
change the requirements for the coordination of platforms and vehicle 
floors.
---------------------------------------------------------------------------

    \28\ 36 CFR part 1192.
---------------------------------------------------------------------------

    Comment. The referenced vehicle guidelines (like those of the 
proposed rule) 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 specified changes in level or horizontal gaps. In the case of 
commuter and intercity rail systems, this is often due to track that is 
also used by freight trains because the passage of oversized freight 
precludes a high level platform. The American Railway Engineering and 
Maintenance of Way Association had previously recommended 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 portable 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. 
The Board sought comment on whether new platforms for commuter or 
intercity rail stations should have a height of 8 inches above top of 
rail (Question 47). Most comments supported such a requirement.
    Response. The Board had added a requirement that low level 
platforms be at least 8 inches above top of rail (810.5.3). An 
exception intended for light rail systems allows a height below 8 
inches where vehicles are boarded from sidewalks or at street level.

[[Page 44144]]

    Comment. Section 810.6 addresses requirements for station signage, 
including signs at entrances, route and destination signs, and station 
names. These provisions reference requirements for tactile and visual 
characteristics in section 703. Commenters urged the Board to recognize 
audible signs as an alternative to tactile signs since they can provide 
equal or greater access to information.
    Response. The Board has added an exception under which entrance, 
route, and destination signs do not have to comply with visual and 
tactile specifications where certain audible sign technologies are 
provided. The exception specifically recognizes those technologies that 
involve hand-held receivers, activation by users, or detection of 
people in proximity to the sign.
    Comment. Requirements for route and destination signs are subject 
to specifications for visual signs in section 703, including character 
height (810.6.2). The proposed rule allowed certain signs to have a 3 
inch minimum height where space is limited and a 1\1/2\ inch height for 
characters on signs not essential to the use of the transit system 
(1003.2.2.3, Exception). Comments pointed out that this exception 
should allow characters to be less than 3 inches high for consistency 
with the character heights specified for signs generally in section 
703.
    Response. The Board has corrected this exception so that characters 
are not required to be more than 3 inches high where sign space is 
limited. This would apply to conditions where signs are more than 10 
feet above the ground or floor and the viewing distance is 21 feet or 
more (the only types of signs required by section 703.5 to have 
characters more than 3 inches high). The Board has removed as 
unnecessary the exception for signs not essential to the use of the 
transit system, such as exit street names.
    Section 810.7 covers public address systems in rail stations and 
airports. The proposed rule required 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. The Board has simplified this provision so that it 
requires ``the same or equivalent information * * * in a visual 
format.''
    Comment. In the proposed rule, the Board sought information for its 
use in future rulemaking to update the Board's transportation vehicle 
guidelines. Specifically, the Board requested information on 
technologies for providing train announcements, including station 
announcements and emergency announcements, in a visual format so that 
this information is conveyed to people who are deaf or hard of hearing 
(Question 46). Recommendations included use of message boards for 
verbal announcements and visual signals, such as a flashing light, or 
audible signals such as bells and chimes. Some commenters recommended 
that this issue be revisited in rulemaking specific to the vehicle 
guidelines.
    Response. The Board intends to further explore this issue during 
rulemaking to update its accessibility guidelines for transportation 
vehicles.
    Comment. Escalators must have a clear width of 32 inches minimum 
(810.9). The original ADAAG contained a requirement that at least two 
contiguous treads be level beyond the comb plate at the top and bottom 
before risers begin to form (ADAAG 10.3.1(16)). It also required color 
contrast on treads. Both provisions were removed in the proposed rule 
as recommended by the advisory committee, which questioned the need for 
such criteria in guidelines for accessibility. Comments requested that 
these specifications be restored for greater access. Commenters noted 
that the required color contrast benefits persons with low vision.
    Response. In the final rule, the Board has added a reference to 
relevant provisions in the ASME A17.1 Safety Code for Elevators and 
Escalators instead of providing its own specification (810.9). This 
will ensure consistency with the safety code. The ASME code requires 
steps to be demarcated by yellow lines 2 inches wide maximum along the 
back and sides of steps (ASME A17.1, section 6.1.3.5.6). It also 
requires at least two flat steps and no more than four flat steps at 
the entrance and exit of every escalator (ASME A17.1, section 
6.1.3.6.5). Consistent with the original ADAAG, an exception from these 
requirements is provided for existing escalators in key stations 
(810.9, Exception).
    Section 810.10 addresses track crossings at transportation 
facilities. The proposed rule required route surfaces to be level with 
the rail top, but permitted a 2\1/2\ inch gap at the inner edge of 
rails to accommodate wheel flanges (1003.2.7). Where this gap is not 
practicable, an above-grade or below-grade accessible route was 
specified. In the final rule, the Board has simplified this provision 
by applying specifications for accessible routes. An exception 
preserves the permitted 2\1/2\ inch gap for wheel flanges.
811 Storage
    Requirements in section 811 address storage. In the proposed rule, 
these provisions had been provided in Chapter 9 (section 905), which 
addresses built-in furnishings and equipment. These provisions have 
been moved to Chapter 8, which the Board considers a more appropriate 
location because it covers accessible spaces and elements. Provisions 
of this section address clear floor or ground space (811.2), the height 
of storage elements (811.3), and operable parts, such as storage 
hardware (811.4). In the final rule, the Board has clarified the 
application of the height specifications in section 811.3 to storage 
elements and has removed specific references to clothes rods and hooks, 
which it considers redundant. No substantive changes have been made to 
the criteria for storage.

Chapter 9: Built-In Elements

    Chapter 9 covers built-in elements, including dining surfaces and 
work surfaces (902), benches (903), and sales and service counters 
(904). Changes made to this section include:
     Clarification of provisions for benches concerning clear 
floor or ground space (903.2), back support (903.4), and height 
(903.5).
     Addition of a requirement for check writing surfaces at 
check-out aisles (904.3.3).
     Clarification of requirements for accessible sales and 
service counters that are less than 36 inches long (904.4.1).
     Revision of requirements for communication devices where 
security glazing is provided (904.6).
     Relocation of provisions for storage from section 905 to 
Chapter 8 (811).
902 Dining Surfaces and Work Surfaces
    Section 902 provides specifications for seating at dining and work 
surfaces. Clear floor space is required for a forward approach (902.2), 
and a surface height of 28 to 34 inches is specified (902.3). Alternate 
specifications for surfaces designed for children's use are also 
provided (902.4).
    Comment. Commenters expressed concern about use of the terms 
``dining surfaces'' and ``work surfaces'' and urged the Board to 
include definitions of the terms in the final rule. Comments considered 
the term ``dining surfaces'' insufficient in covering bars where only 
drinks are consumed. Questions were also raised about the term ``work 
surfaces'' which some commenters thought might be misconstrued as

[[Page 44145]]

applying only to surfaces in employee work areas. Some commenters 
considered the term too limiting and questioned whether it would apply, 
as they felt it should, to surfaces used for purposes not necessarily 
considered ``work,'' such as counters that support credit card readers 
or video games. These comments urged the requirement to be modified to 
apply to all built-in tables and counters used by the public for any 
purpose.
    Response. The Board has clarified the application of this section 
by revising scoping provisions for accessible dining and work surfaces, 
as discussed above in section 226. The term dining surface has been 
clarified as applying to those dining surfaces used ``for the 
consumption of food or drink'' (226.1). In addition, the Board has 
indicated in the ADA scoping provisions that the types of work surfaces 
covered do not include those surfaces used by employees since elements 
of work stations subject to the ADA are not required to comply with 
these guidelines (226.1). A similar clarification is not provided in 
ABA scoping provisions since work stations covered by the ABA are fully 
subject to the guidelines.
    Comment. Persons with disabilities considered the 34 inch maximum 
height too high for surfaces used for any length of time. These 
commenters recommended that where only a portion of counters are made 
accessible, the accessible height should be 31 inches maximum. Some 
commenters also recommended a higher minimum height of 29 inches 
instead of 28 inches to allow a more comfortable knee clearance.
    Response. The Board has not revised the specified height for dining 
and work surfaces or the minimum clearances for knee and toe space 
required below since it believes further research is needed on these 
long-standing specifications, particularly in relation to people who 
use scooters and other powered mobility aids. Research on powered 
mobility aids the Board is currently sponsoring through the 
Rehabilitation Engineering Research Center on Universal Design will 
provide information on various fundamental specifications the Board may 
use in future updates of the guidelines.
903 Benches
    Specifications for benches address clear floor or ground space 
(903.2), size (903.3), back support (903.4), height (903.5), structural 
strength (903.6), and slip resistance in wet locations (903.7).
    Comment. The proposed rule specified that the wheelchair space be 
positioned so that it provides a parallel approach to an end of the 
bench seat (903.2). Commenters indicated that this provision could be 
misinterpreted as allowing the space to be provided in front of the 
bench at one end. Comments suggested clarifying that the clear floor or 
ground space is to be located parallel to the short axis of the bench.
    Response. The Board has clarified that the clear floor or ground 
space is to be ``parallel to the short axis of the bench.''
    Comment. The proposed rule required back support to 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 (903.3). Commenters recommended 
clarification on the permitted horizontal distance of the back support 
from the rear edge of the seat. It was also recommended that the 
criteria for back support, which were included in the specifications 
for bench size, be relocated into a separate provision specific to back 
support.
    Response. In the final rule, the specifications for back support 
have been clarified and relocated to a separate provision (903.4). The 
Board has added clarification that the back support may be located up 
to 2\1/2\ inches from the rear edge of the seat, measured horizontally. 
This specification is similar to one provided for shower seats (610.3). 
In addition, clarification has been added that the dimensions for back 
support are measured from the surface of the seat.
    Comment. Commenters requested clarification as to whether walls can 
be used to provide back support where the seat is attached to walls. 
Most of these comments urged the Board to clearly allow the use of 
walls in providing back support. This would be consistent with an 
advisory note in the proposed rule which made reference to ``dressing 
rooms where benches are fixed to the wall for back support'' (Advisory 
903.3).
    Response. It was the Board's intent in the proposed rule to allow 
the use of walls for back support where benches are attached to walls. 
In the final rule, the Board has added clarification to the text of the 
requirement stating that benches shall provide back support or shall be 
affixed to the wall (903.4).
    Comment. The proposed rule specified that the bench seat be 17 to 
19 inches above the floor or ground (903.4). Commenters noted that this 
specification should be clarified as applying to the height as measured 
at the top of the seat surface.
    Response. In the final rule, the specification for height 
(renumbered as 903.5) has been revised as applying to the top of the 
bench seat surface.
904 Sales and Service Counters
    This section covers the approach to counters (904.2), check-out 
aisles (904.3), sales and service counters (904.4), food service lines 
(904.5), and security glazing (904.6).
    Comment. Specifications are provided for the counter surface height 
of check-out aisles, including the height of counter edge protection, 
which is limited to 2 inches above the counter surface (904.3.2). 
Commenters requested that clarification be added that the edge 
protection height limitation applies only to the aisle of the check-out 
counter.
    Response. The Board has added clarification that the specified 
height for edge protection at check-out aisle counters applies to the 
aisle side of the counter (904.3.2).
    Comment. The counter surface of check-out aisle counters is 
required to be 38 inches high maximum. Comments from persons with 
disabilities considered 38 inches to be too high.
    Response. The Board has clarified requirements for check-out aisles 
by adding a provision specific to check-writing surfaces (904.3.3). 
Under this requirement, the height of check-writing surfaces, where 
provided, is to comply with the height of work surfaces addressed in 
section 902.3 (34 inches maximum), consistent with the Board's intent 
in the proposed rule.
    Comment. Accessible sales or services counters, or portions of 
them, must be no higher than 36 inches where either a parallel or 
forward approach is provided (904.4). Comments from persons with 
disabilities considered this too high to be used as a writing surface. 
Where only a portion of a counter is made accessible, these commenters 
advised that the maximum height should be 32 inches. Comments from the 
retail industry advised that a higher surface height is needed to 
accommodate various types of counters, such as glass display cases, 
which are typically manufactured at a height of 38 inches.
    Response. The Board has retained the specified height of 36 inches 
for sales and service counters, which is consistent with the original 
ADAAG, to accommodate both persons who use wheelchairs and those that 
do not. Even where only a portion of the counter is accessible, in some 
cases that portion may serve as the transaction area for all customers. 
In the final rule, the Board has clarified that the accessible portion 
of counters must extend the full depth of the counter (904.4.1 and 
904.4.2), consistent with the new ANSI A117.1

[[Page 44146]]

standard. Where a parallel approach is provided, the accessible portion 
must be at least 36 inches long. The Board has added an exception that 
where a provided counter surface is less than 36 inches long, the 
entire surface shall be accessible to clarify that in such cases the 
counter does not have to be lengthened (904.4.1, Exception).
    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.
    Comment. The proposed rule referenced examples of acceptable 
methods (grilles, slats, talk-through baffles, intercoms, and telephone 
handset devices) and required access both for persons who use 
wheelchairs and for persons who may have difficulty bending or 
stooping. Commenters indicated that access for persons who have 
difficulty bending or stooping is unclear absent specific technical 
criteria. Such criteria should be provided or the requirement removed 
according to these comments. In addition, it was recommended that the 
requirement for volume control for ``hand-operable communication 
devices'' be revised for clarity as applying to telephone handset 
devices.
    Response. The requirement that methods to facilitate voice 
communication be accessible both to persons who use wheelchairs and to 
persons who may have difficulty bending or stooping has been removed in 
the final rule (904.6). The Board has also clarified that the 
requirement for volume controls applies to telephone handset devices, 
where provided. In addition, the Board has relocated information 
concerning acceptable types of communication methods to the 
corresponding advisory note which is a more appropriate location for 
this kind of information.

Chapter 10: Recreation Facilities

    Chapter 10 contains technical provisions for various types of 
recreation facilities. These requirements were developed separately 
from this rulemaking and have been incorporated into the final rule 
without substantive change. Sections of this chapter address:
     Amusement rides (1002).
     Recreational boating facilities (1003).
     Exercise machines (1004).
     Fishing piers and platforms (1005).
     Golf facilities (1006).
     Miniature golf facilities (1007).
     Play areas (1008).
     Swimming pools, wading pools, and spas (1009).
     Shooting facilities with firing positions (1010).
1002 Amusement Rides
    Provisions for amusement rides require either a wheelchair space on 
the ride, a ride seat designed for transfer, or a device designed for 
transfer to the ride. This section also addresses access at loading and 
unloading areas and provides criteria for wheelchair spaces, ride seats 
designed for transfer, and transfer devices.
1003 Recreational Boating Facilities
    This section provides requirements for gangways, boating piers at 
boat launch ramps, and boat slips. Requirements for accessible routes 
and ramps are applied to gangways, but exceptions to criteria for 
maximum rise and slope, handrail extensions, and level landings are 
provided.
1004 Exercise Machines
    This section requires clear floor space for transfer to, or use of, 
exercise machines.
1005 Fishing Piers and Platforms
    Specifications for fishing piers and platforms address accessible 
routes, railings, edge protection, clear floor space, and turning 
space.
1006 Golf Facilities
    Provisions of this section recognize that access to golf courses is 
typically achieved through the use of golf cars. Golf car passages are 
permitted in lieu of accessible routes throughout golf courses. 
Technical criteria are provided for golf car passages, accessible 
routes, teeing grounds, putting greens, and weather shelters.
1007 Miniature Golf Facilities
    This section covers miniature golf courses and contains 
specifications for accessible routes that take into account design 
conventions for miniature golf courses, such as carpeted play surfaces 
and curbs. All level areas of an accessible hole where a ball may come 
to rest are to be within golf club reach of the accessible route.
1008 Play Areas
    The play area specifications address accessible routes, ground 
level and elevated play components, play structures, and ground 
surfaces.
1009 Swimming Pools, Wading Pools, and Spas
    This section addresses access to swimming pools, wading pools, and 
spas. Specifications are provided for various means of providing pool 
access, including pool lifts, sloped entries, transfer walls, transfer 
systems, and stairs.
1010 Shooting Facilities With Firing Positions
    This section requires turning space at firing positions required to 
be accessible.

Regulatory Process Matters

Executive Order 12866: Regulatory Planning and Review

    This final rule has been reviewed by the Office of Management and 
Budget pursuant to Executive Order 12866. The Board has prepared a 
regulatory assessment for the final rule. The assessment has been 
placed in the docket and is available for public inspection. The 
assessment is also available on the Board's web site at www.access-
board.gov. The assessment is summarized below.
Benefits
    Since the enactment of the Americans with Disabilities Act (ADA), 
accessibility requirements have been increasingly incorporated in the 
model codes. The Board worked collaboratively with the International 
Code Council (ICC) and the ANSI A117 Committee to harmonize the final 
rule with the International Building Code, which was initially 
published in 2000 and was revised in 2003, and the ICC/ANSI A117.1 
Standard on Accessible and Usable Buildings and Facilities, which is 
referenced in the International Building Code. The International 
Building Code has been adopted statewide by 28 States, and by local 
governments in another 15 States.
    Harmonizing the accessibility guidelines for the ADA and the 
Architectural Barriers Act (ABA) with the International Building Code 
and the ICC/ANSI A117.1 standard promotes increased compliance, 
efficiency, and economic growth. It is difficult and time consuming for 
business owners, builders, developers, and architects to deal with 
different accessibility requirements at the Federal, State, and local 
government levels. Differing requirements can contribute to mistakes 
resulting in litigation and costly retrofitting of facilities after 
they are constructed. The ADA authorizes the Department of Justice 
(DOJ) to certify State or local codes that meet or exceed Federal 
accessibility requirements. State and local governments that adopt the 
International Building Code will find it easier to have their codes 
certified, and more State and local governments are expected to submit 
their codes to DOJ

[[Page 44147]]

for certification. In jurisdictions where codes have been certified by 
DOJ, business owners, builders, developers, and architects can rely on 
their State or local government building plan approval and inspection 
processes as a ``check-point'' for ensuring that their facilities 
comply with Federal accessibility requirements. Potential mistakes can 
be corrected early in the construction process when adjustments can be 
made easily and inexpensively compared to costly retrofitting after a 
facility is constructed. Compliance with a certified code is also 
rebuttable evidence of compliance with Federal accessibility 
requirements in litigation to enforce the ADA.
    The Board also revised some requirements in the existing guidelines 
for the ADA and the ABA to reduce the impacts on facilities, including 
lowering the number of wheelchair spaces and assistive listening 
devices required in large sports facilities; exempting small raised 
press boxes in sports facilities from the accessible route 
requirements; exempting parking lots with a few parking spaces from 
signage requirements for accessible parking spaces; and reducing the 
number of toilet rooms required to be accessible where multiple single 
user toilet rooms are clustered at the same location.
Regulatory Alternatives That Eliminate Impacts Estimated for the 
Proposed Rule
    The regulatory assessment for the proposed rule estimated that the 
rule would have an annual impact of $87.5 million on newly constructed 
office buildings, hotels, and sports stadiums and arenas. The Board 
adopted alternatives in the final rule that eliminate these impacts as 
shown in Table 1.

Table 1.--Alternatives That Eliminate Impacts Estimated for the Proposed
                                  Rule
------------------------------------------------------------------------
           Proposed rule                          Final rule
------------------------------------------------------------------------
Visible alarms required in all       Visible alarms required in public
 employee work areas, including       and common use areas, which is
 individual offices. Estimated        consistent with existing
 cost: $16 million annually.          guidelines. Where employee work
                                      areas have audible alarm coverage,
                                      wiring system required to be
                                      designed so that visible alarms
                                      can be added to the system as
                                      needed.
Communication features required in   Existing guidelines retained, which
 50 percent of hotel guest rooms.     require substantially less than 50
 Estimated cost: $31 million          percent of hotel guest rooms to
 annually.                            provide communication features.
Elevators and platform lifts         Existing guidelines retained, which
 required to be provided in           require at least one accessible
 sufficient number, capacity, and     route to connect each story and
 speed so that persons using          mezzanine in multi-story
 wheelchair spaces and designated     facilities.
 aisle seats have equivalent level
 of service as persons in the same
 seating area who can use stairs.
 Estimated cost: $1.5 million
 annually.
Wheelchair spaces and designated     Wheelchair spaces required to be
 aisle seats required to be           dispersed vertically at varying
 dispersed vertically on each         distances from the screen,
 accessible level. Estimated cost:    performance area, or playing
 $33.5 million annually.              field, which is consistent with
                                      existing guidelines.
Companion seats required to be       Companion seats permitted to be
 readily removable and to provide     removable, but not required to
 additional wheelchair spaces.        provide additional wheelchair
 Estimated cost: $4 million           spaces.
 annually.
One percent of seats required to be  Five percent of aisle seats
 designated aisle seats; 25 percent   required to be designated aisle
 of designated aisle seats required   seats and to be aisle seats
 to be on an accessible route; and    closest to accessible routes.
 rest of designated aisle seats
 required to be not more than two
 rows from an accessible route.
 Estimated cost: $1.5 million
 annually.
------------------------------------------------------------------------

Baseline
    The assessment compares the final rule to ADAAG and the 
International Building Code in order to evaluate the potential impacts 
of the rule. In the absence of the final rule, newly constructed and 
altered facilities covered by the ADA would have to comply with ADAAG 
as initially issued in 1991, which has been adopted as enforceable 
standards by DOJ. Many newly constructed and altered facilities covered 
by the ABA are also required to comply with ADAAG when it provides a 
greater level of accessibility compared to the Uniform Federal 
Accessibility Standards (UFAS). Comparing the final rule to ADAAG is 
the upper bound of the range of potential impacts. The International 
Building Code has been adopted statewide by 28 States and by local 
governments in another 15 States. In the absence of the final rule, 
newly constructed and altered facilities are required to comply with 
the International Building Code in jurisdictions that have adopted the 
model code. Comparing the final rule to the International Building Code 
is the lower bound of the range of potential impacts, and assumes that 
facilities covered by the ADA or the ABA are also required to comply 
with equivalent requirements in the International Building Code. The 
actual impacts will be between the lower and upper bound of the range.
Potential Impacts of Final Rule
    The final rule reorganizes and renumbers ADAAG, and rewrites the 
text to be clearer and easier to understand. Most of the scoping and 
technical requirements in ADAAG have not been changed. An independent 
codes expert compared the final rule and ADAAG to identify revisions 
that add new features or space to a facility, or present design 
challenges. The codes expert identified 27 revisions that are expected 
to have minimal impacts on the new construction and alteration of 
facilities, including adding scoping requirements and exceptions for 
common use circulation paths in employee work areas; revising scoping 
requirements for public entrances; referencing the International 
Building Code for accessible means of egress; adding scoping 
requirements for dwelling units with mobility features in Federal, 
State, and local government housing; lowering the high side reach; and 
adding technical requirements for automated teller machines and fare 
machines.
    The codes expert also identified 14 revisions that are expected to 
have monetary impacts on the new construction and alteration of 
facilities. An independent cost estimator prepared cost estimates for 
these revisions using standard industry procedures. The revisions that 
are expected to have monetary impacts on the new construction and 
alteration of facilities are summarized in Table 2.

[[Page 44148]]



                  Table 2.--Revisions With Monetary Impacts on New Construction and Alterations
----------------------------------------------------------------------------------------------------------------
                                                               International building
            Final rule                       ADAAG                      code                    Unit cost
----------------------------------------------------------------------------------------------------------------
Where circulation path directly    Accessible route required  IBC 2000 & 2003 have      Will vary from $0 to
 connects assembly seating area     to connect assembly        equivalent requirements   $15,674 depending on
 and performing area, accessible    seating area and           to final rule.            specific design of
 route required to directly         performing area.                                     facility.
 connect both areas.
Where platform lift serves as      No requirement...........  IBC 2003 has equivalent   Will vary from $0 to
 part of accessible means of                                   requirement to final      $2,353 depending on
 egress, standby power required.                               rule.                     specific design of
                                                                                         facility.
One in every 6 accessible parking  One in every 8 accessible  IBC 2003 has equivalent   $75 to $344.
 spaces required to be van          parking spaces required    requirement to final
 accessible.                        to be van accessible.      rule.
Toilet rooms with 6 or more        Toilet rooms with 6 or     IBC 2000 & 2003 have      $145.
 toilet compartments, or            more toilet compartments   equivalent requirements
 combination of 6 or more water     required to provide        to final rule.
 closets and urinals, required to   ambulatory accessible
 provide ambulatory accessible      toilet compartment with
 toilet compartment with grab       grab bars.
 bars.
Private facilities required to     Private facilities with 4  IBC 2000 (Appendix E)     $2,320.
 provide public TTY in building     or more public             has equivalent
 with 4 or more public telephones   telephones required to     requirement to final
 and on floor with 4 or more        provide public TTY..       rule for private
 public telephones.                Government facilities       facilities.
Government facilities required to   with public telephone in  IBC 2003 (Appendix E)
 provide public TTY in building     public use area of         has equivalent
 with public telephone and on       building required to       requirement to final
 floor with public telephone.       provide public TTY..       rule for private and
Private and government facilities  Rail stations with 4 or     government facilities.
 required to provide public TTY     more public telephones
 on site with 4 or more public      at entrance required to
 telephones, and in bank of 4 or    provide public TTY..
 more public telephones. Banks of
 public telephones located within
 200 feet of, and on same floor
 as, another bank of telephones
 with public TTY exempt..
Bus or rail station with public
 telephone at entrance required
 to provide public TTY..
Public rest stops with public
 telephone required to provide
 public TTY.
At least one operable window in    No requirement...........  IBC 2000 & 2003 have      $505.
 accessible rooms required to                                  equivalent requirements
 comply with technical                                         to final rule for
 requirements for operable parts.                              certain occupancies.
 Hotel guest rooms that are not
 required to provide mobility
 features and dwelling units are
 exempt.
Two-way communication systems at   No requirement...........  No equivalent             $1,392.
 entrances required to provide                                 requirement to final
 audible and visual signals.                                   rule.
Automatic doors serving            No requirement...........  No equivalent             $2,353.
 accessible means of egress                                    requirement to final
 required to provide maneuvering                               rule.
 clearance or to have standby
 power.
Doors on platform lifts required   Doors required to provide  IBC 2000 & 2003 have      Will vary from $0 to
 to be power operated. Platform     maneuvering clearance or   equivalent requirements   $569 depending on
 lifts serving only 2 landings      to be power operated.      to final rule.            specific design of
 and with self-closing doors on                                                          facility.
 opposite sides exempt.
Minimum clearance at water closet  Minimum clearance at       IBC 2000 & 2003 have      $286 for dwelling units
 in accessible single user toilet   water closet in            equivalent requirements  $667 for other
 rooms: 60 x 56 inches.             accessible single user     to final rule, except     facilities.
                                    toilet rooms based on      for dwelling units.
                                    approach: Forward: 48 x
                                    60 inches; Parallel: 48
                                    x 56 inches; Both
                                    forward and parallel: 60
                                    x 56 inches.

[[Page 44149]]

 
Shower spray unit with on-off      Shower spray unit          No equivalent             $161.
 control required in bathtubs and   required in bathtubs and   requirement to final
 shower compartments in             shower compartments in     rule.
 accessible toilet rooms and        accessible toilet rooms
 bathing rooms.                     and bathing rooms.
Minimum clearance between          Minimum clearance between  No equivalent             $993.
 opposing base cabinets,            opposing base cabinets,    requirement to final
 countertops, appliances, or        countertops, appliances,   rule.
 walls in accessible galley         or walls in accessible
 kitchens where two entries not     galley kitchens: 40
 provided: 60 inches. Kitchens      inches.
 without cooktop or conventional
 range exempt.
Comparable vanity countertop       No requirement...........  No equivalent             $752.
 space required in hotel guest                                 requirement to final
 rooms with mobility features.                                 rule.
Two percent of dwelling units in   No requirement...........  No equivalent             $96 for visual signal if
 Federal, State, and local                                     requirement to final      door bell and peephole
 government housing required to                                rule.                     provided.
 provide communication features.                                                        $322 for doorbell with
                                                                                         visual signal and
                                                                                         peephole.
                                                                                        $353 for TTY connection
                                                                                         if voice communication
                                                                                         system provided at
                                                                                         entrance.
----------------------------------------------------------------------------------------------------------------

National Costs
    Office buildings, hotels, hospitals and nursing homes, and Federal, 
State, and local government housing will be affected by many of the 
revisions in Table 2, and are likely to experience relatively higher 
monetary impacts than other facilities. The assessment estimates the 
national costs of the revisions on these facilities based on annual 
construction data. The national costs are summarized in Table 3.

 Table 3.--National Costs for Facilities Likely To Experience Relatively
                         Higher Monetary Impacts
------------------------------------------------------------------------
                                          National costs compared to
                                     -----------------------------------
                                                          International
              Facility                  ADAAG  upper      building code
                                            bound          lower bound
                                         (millions)        (millions)
------------------------------------------------------------------------
Office Buildings....................              $1.5              $0.7
Hotels..............................              $6.2              $4.1
Hospitals & Nursing Homes...........             $13.6         $2.4-$2.9
Government Housing..................              $5.4              $5.4
    Total...........................             $26.7       $12.6-$13.1
------------------------------------------------------------------------

    The assessment also estimates the additional costs imposed on 
individual facilities as a percentage of total construction costs as 
shown in Table 4.

          Table 4.--Additional Costs for Individual Facilities
------------------------------------------------------------------------
                                       Additional costs as percentage of
                                       total construction costs compared
                                                      to
                                     -----------------------------------
              Facility                                    international
                                         ADAAG upper      building code
                                       bound (percent)     lower bound
                                                            (percent)
------------------------------------------------------------------------
Office Buildings....................      0.02 to 0.10      0.01 to 0.08
Hotels..............................      0.06 to 0.50      0.04 to 0.30
Hospitals & Nursing Homes...........              0.02              0.00
Government Housing..................              0.01              0.01
------------------------------------------------------------------------

    The final rule will potentially impact the new construction and 
alteration of other types of facilities. Industry reports estimate $152 
billion of non-residential building construction projects were started 
in 2002; and government reports estimate $264 billion of non-
residential building construction work and $6 billion of Federal, State 
and local government housing construction work was installed in 2002. 
In order to be considered an economically significant

[[Page 44150]]

regulatory action (i.e., annual impact on the economy of $100 million 
or more), the final rule would need to have impacts ranging from 0.04 
percent to 0.07 percent of industry and government construction 
estimates. The final rule will have impacts within or above this range 
on office buildings and hotels, and it is likely that the impacts on 
some other facilities will be within or above this range. Although the 
impacts are not significant for an individual facility, when added 
together across the economy the impacts can be economically 
significant. Because an extremely low threshold of impacts on 
individual facilities can render the final rule economically 
significant, and because the benefits of the final rule are 
unquantifiable but substantial, the Board has classified the final rule 
as an economically significant regulatory action.
    The final rule will also affect leased postal facilities. When the 
United States Postal Service enters into a new lease for a postal 
facility, including previously occupied space, it will have to comply 
with the accessibility requirements in the final rule for facilities 
leased by Federal agencies, including providing accessible customer 
service counters and van accessible parking spaces. The United States 
Postal Service leases 27,000 postal facilities, and estimates that it 
will cost $9,234 per facility to comply with the final rule. The United 
States Postal Service enters into an average of 1,661 new leases per 
year for postal facilities, and estimates it will cost $15.3 million 
annually for leased postal facilities to comply with the final rule.

Regulatory Flexibility Act

    For the proposed rule, the Board certified that the rule had no 
significant economic impact on a substantial number of small entities 
for purposes of the Regulatory Flexibility Act. The Board based the 
determination on the regulatory assessment prepared for the proposed 
rule under Executive Order 12866 which showed that, except for large 
sports facilities, the rule added less than 0.5 percent to the total 
construction costs of the affected facilities compared to ADAAG; the 
1998 edition of the ICC/ANSI A117.1 Standard on Accessible and Usable 
Buildings and Facilities; and the new International Building Code, 
which was under development and was expected to be widely adopted by 
State and local governments.
    The Small Business Administration and business groups objected to 
the certification of no significant economic impact. They noted that 
the ICC/ANSI A117.1 standard is a voluntary consensus standard, and 
there was no factual information presented in the regulatory assessment 
for the proposed rule showing the ICC/ANSI A117.1 standard had actually 
been adopted by State and local governments. Since the proposed rule 
was published in November 1999, the new International Building Code has 
been published. The 2000 and 2003 editions of the International 
Building Code reference the 1998 edition of the ICC/ANSI A117.1 
standard for technical requirements. The International Building Code 
has been adopted statewide by 28 States, and by local governments in 
another 15 States.
    For the final rule, the regulatory assessment evaluates the impacts 
of the rule by separately comparing the revisions to ADAAG and the 
International Building Code. The assessment estimates the additional 
costs of the revisions as a percentage of the total construction costs 
for office buildings, hotels, hospitals and nursing homes, and Federal, 
State, and local government housing. These facilities are likely to 
experience relatively higher monetary impacts than other facilities. 
The final rule adds 0.01 to 0.5 percent to the total construction costs 
of the facilities compared to ADAAG; and 0.00 to 0.3 percent to the 
total construction costs of the facilities compared to the 
International Building Code. These monetary impacts are not significant 
for individual facilities.
    The Small Business Administration and business groups request the 
Board to analyze the impacts of the final rule on alterations to 
existing facilities. The impacts will be facility specific and will 
depend on the elements and spaces that are altered in an existing 
facility. The regulatory assessment examines the impacts of the 
revisions that have monetary impacts on alterations to existing 
facilities by answering a series of questions about whether the element 
or space is typically altered; whether the element or space is part of 
the ``path of travel'' serving a primary function area; and whether the 
general exception for technical infeasibility may apply to alterations 
of the element or space. The regulatory assessment also includes 
alteration projects in the national cost estimates of the revisions.
    Finally, the Small Business Administration and business groups 
request the Board to analyze the impacts of the final rule on the 
obligation of businesses under the ADA to remove architectural and 
communication barriers in existing facilities, where it is readily 
achievable. DOJ will revise the accessibility standards for the ADA 
after this final rule is published. Business groups are concerned that, 
when the accessibility standards for the ADA are revised, existing 
facilities that were constructed or altered in compliance with earlier 
accessibility standards will have to undergo ``barrier removal'' and 
meet any new or different scoping and technical requirements in the 
revised accessibility standards. Business groups recommend that 
existing facilities constructed or altered in compliance with earlier 
accessibility standards be ``grandfathered'' for purposes of ``barrier 
removal.'' The Board acknowledges that ``barrier removal'' obligations 
need to be clarified when the accessibility standards are revised. 
However, the Board has no authority to issue regulations regarding 
``barrier removal'' obligations. DOJ is the agency responsible for 
issuing regulations regarding ``barrier removal'' obligations, and is 
required to analyze the impacts of any new or different scoping and 
technical requirements on ``barrier removal'' obligations when the 
accessibility standards are revised.
    On the basis of the regulatory assessment for the final rule, the 
Board certifies that the final rule has no significant economic impact 
on a substantial number of small entities for purposes of the 
Regulatory Flexibility Act.

Executive Order 13132: Federalism

    The final rule adheres to the fundamental federalism principles and 
policy making criteria in Executive Order 13132. The final rule is 
issued pursuant to the ADA and the ABA to ensure that facilities 
covered by those laws are readily accessible to and usable by people 
with disabilities. Ensuring the civil rights of groups that have been 
subject to discrimination has long been recognized as a national issue 
and a proper function of the Federal government. The ADA was enacted 
``to provide a clear and comprehensive national mandate for the 
elimination of discrimination against individuals with disabilities'' 
and ``to ensure that the Federal government plays a central role in 
enforcing the standards established in this chapter on behalf of 
individuals with disabilities.'' 42 U.S.C. 12101 (b) (1) and (3). The 
ADA recognizes the authority of State and local governments to enact 
and enforce laws that ``provide greater or equal protection for the 
rights of individuals with disabilities than are afforded by this 
chapter.'' 42 U.S.C. 12201 (b). The ABA applies to federally financed 
facilities. The final rule has been harmonized with model codes and 
standards that are adopted by State and local governments to regulate 
building

[[Page 44151]]

construction. The Board consulted with State and local governments 
throughout the rulemaking process. State and local governments were on 
the advisory committee which recommended revisions to the guidelines, 
participated in public hearings, and submitted comments on the proposed 
rule.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act does not apply to rules that 
enforce the constitutional rights of individuals or enforce statutory 
rights that prohibit discrimination on the basis of race, color, sex, 
national origin, age, handicap, or disability. Since the final rule is 
issued under the authority of the ADA and the ABA, an assessment of the 
rules impacts on State, local, and tribal governments, and the private 
sector is not required by the Unfunded Mandates Reform Act.

List of Subjects

36 CFR Part 1190

    Buildings and facilities, Individuals with disabilities.

36 CFR Part 1191

    Buildings and facilities, Civil rights, Incorporation by reference, 
Individuals with disabilities, Transportation.

Emil H. Frankel,
Chair, Architectural and Transportation Barriers Compliance Board.


0
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 amends chapter XI of Title 36 
of the Code of Federal Regulations as follows:

PART 1190--[REMOVED]

0
1. Part 1190 is removed.

0
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--Table of Contents

Appendix B to Part 1191--Americans With Disabilities Act: Scoping

Appendix C to Part 1191--Architectural Barriers Act: Scoping

Appendix D to Part 1191--Technical

Appendix E to Part 1191--List of Figures and Index

    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 B and D 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 C 
and D 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

[[Page 44152]]

Appendix A to Part 1191--Table of Contents

BILLING CODE 8150-01-P
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Appendix B to Part 1191--Americans with Disabilities Act: Scoping
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Appendix C to Part 1191--Architectural Barriers Act: Scoping
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Appendix D to Part 1191--Technical
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Appendix E to Part 1191--List of Figures and Index
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[FR Doc. 04-16025 Filed 7-22-04; 8:45 am]
BILLING CODE 8150-01-C