28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)

Maximum side reach ranges. (Section-by-Section Analysis)

Reach ranges apply to a variety of building elements, including light switches, key pads, electrical outlets, fire alarm pulls, card readers, thermostats, elevator controls, pay phones, and other elements.  The 2004 ADAAG includes a change in the maximum height of a side reach range from 54 inches in the current ADA Standards, to 48 inches in the 2004 ADAAG.  The change related to the needs of little people, and, not surprisingly, the most vocal opposition for a safe harbor came from groups representing little people.  Commenters argued that the lowered height of operable controls can mean the difference between independence and dependence.  One individual argued that little people can become trapped in elevators, posing serious safety risks, when the controls are over 48 inches high.  Two groups strongly opposed a safe harbor for side reach ranges, one of which estimated that the revised reach range will provide access to an additional half million individuals with disabilities.

Industry commenters asserted that requiring existing facilities to apply the new requirement would mean, among other things, that entities would be required to lower every light switch in every building to the extent it is readily achievable.  One business group noted that thousands of businesses have already internalized the cost of lowering operating controls from 60 inches to 54 inches to comply with the 1991 Standards, and that an additional retrofit would require an additional commitment of funds.  A small business association stated that lowering pay phones would be a significant expense to the pay phone industry, which is already incurring losses due to the introduction of cell phones on the market. Other associations expressed concerns about vending machines, most of which now comply with the 54 inch reach range.

Potential solutions that do not require structural modifications were offered by disability advocacy groups.  One national advocacy group stated that public accommodations could provide relatively low-cost solutions to the problem, such as light switch extension handles or other inexpensive alternatives to relocating operating controls.  Some commenters noted that, while it is not an ideal solution, individuals of short stature may choose to carry equipment that would enable them to reach controls.

Independence and ready accessibility are significant goals in the ADA.  The Department would like to hear further from individuals of short stature whether there are discrete areas--like operating controls in elevators--that are either significant to daily living or pose safety risks that cannot be ameliorated by extension handles or similar, less expensive devices.  The 48 inch maximum reach range would apply fully to alterations and new construction.  Similarly, elements that do not comply with the existing requirement of a 48 inch reach range would also be required to meet the new 48 inch reach range.