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

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.