36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

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 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.