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

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).