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

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 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 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 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.

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."