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

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.