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

207 Accessible Means of Egress

Provisions for accessible means of egress are completely revised in the final rule. Provisions in the proposed rule were intended to be more consistent with model building codes and standards. In the final rule, the Board has taken this a step further by directly referencing the scoping and technical requirements in the International Building Code (IBC) for accessible means of egress. All technical criteria for accessible means of egress (409), including areas of refuge (410) have been removed in the final rule. Information on the IBC requirements for accessible means of egress is available on the Board’s website at www.access-board.gov and in advisory notes.

The proposed rule, consistent with model building codes and standards, specified at least one accessible means of egress for all accessible spaces and at least two accessible means of egress where more than one means of egress was required. In addition, it provided a new requirement for an evacuation elevator to be provided as an accessible means of egress in buildings with four or more stories above or below the exit discharge level, which is also consistent with model building codes.

The proposed scoping provisions referenced technical criteria for accessible means of egress, including exit stairways and evacuation elevators (409). These specifications allowed use of exit stairways and elevators that are part of an accessible means of egress when provided in conjunction with horizontal exits or areas of refuge. While typical elevators are not designed to be used during an emergency evacuation, there are elevators that are designed with standby power and other features in accordance with the elevator safety standard that can be used for evacuation. The proposed rule also provided requirements for areas of refuge, which are fire-rated spaces on levels above or below the exit discharge levels where people unable to use stairs can go to register a call for evacuation assistance and wait for it.

Comment. Many comments supported the Board’s overall effort to harmonize its guidelines with model building codes and life safety codes. Some considered this particularly important in specifications related to life and fire safety. To further underscore this effort, it was recommended that the Board directly rely on the International Building Code (IBC) in addressing accessible means of egress.

Response. Historically, the Board’s guidelines have "piggybacked" model building and life safety codes in addressing accessible means of egress, particularly for scoping purposes. The required number was specified according to the number of means of egress or exits required by model building codes. The IBC’s scoping and technical requirements for accessible means of egress are substantively consistent with the provisions contained in the proposed rule. For purposes of harmonization and simplicity, the Board has replaced these provisions with a reference in section 207.1 to a specific section of the IBC (1003.2.13 in the 2000 edition and 1007 in the 2003 edition).

Comment. In response to the draft final guidelines, the National Fire Protection Association (NFPA) urged the Board to reference its Life Safety Code (NFPA 101), a voluntary consensus code which contains scoping and technical provisions for accessible means of egress. NFPA requested that the final guidelines reference the 2000 edition of the Life Safety Code in addition to the IBC provisions for accessible means of egress.

Response. Requirements for accessible means of egress in the IBC are consistent with those the Board has proposed. Further, they are provided in the IBC in a discrete section (1003.2.13), which the final guidelines specifically reference. Specifications for accessible means of egress in the Life Safety Code are provided throughout that document. Consequently, NFPA’s request would require a reference to the complete Life Safety Code. For this reason, the Board has retained its references to the IBC for accessible means of egress. The final guidelines do reference NFPA’s National Fire Alarm Code (NFPA 72‒1999) with respect to technical requirements for visual alarms, further discussed below in section 702.

The Board had considered adding a provision, which was included in the draft of the final guidelines, that would have required accessible means of egress to be connected to the level of exit discharge by an accessible route. This would have been required except where the floor level is 30 inches or more above or below the level of exit discharge. In such cases, areas of rescue assistance would have been permitted in lieu of an accessible route to the level of exit discharge. The Board sought to incorporate a similar provision into the IBC. The IBC Committee on Means of Egress did not approve adding such a provision into the IBC. The IBC Committee and others believed that the rationale for areas of rescue assistance was relevant not just to the levels above and below the exit discharge level, but also to the level of exit discharge itself. The Board’s provision recognized elevation differentials that would make connection by an accessible route very difficult even in new construction. This recognition, it was argued, should not be limited by a specific elevation change (i.e., 30 inches). For purposes of harmonization, the Board has removed this provision in the final rule.

Comment. Comments suggested that situations should be addressed where accessible means of egress should be allowed to coincide, such as a space that provides few wheelchair spaces.

Response. The final rule includes an exception acknowledging that accessible means of egress can share a common path of egress travel where this is permitted for means of egress by local building or life safety codes (207.1, Exception 1).

In addition, the Board has retained in the final rule an exemption for detention and correctional facilities from the requirement for areas of refuge (Exception 2). This exception was provided because such areas are considered a security risk and evacuation is typically supervised in these types of occupancies.

The Board has added a new provision specific to platform lifts. The proposed rule allowed accessible routes to serve as accessible means of egress, except for wheelchair lifts, which are not permitted as part of an accessible means of egress because they are not generally provided with standby power that would allow them to remain functional in emergencies when power is lost. The final rule includes a provision that allows platform lifts with standby power to be part of an accessible means of egress where the IBC permits lift access (207.2). This change helps ensure that necessary accessible means of egress from spaces served by platform lifts are maintained in emergencies.