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

In the final rule, scoping has been clarified as applying to units provided at "exterior sites," in addition to those installed on floors. For example, if drinking fountains are provided outside a building and on each of its floors, then dual access must be provided at exterior locations and on each floor. If drinking fountains are provided on one floor only, then the requirement for dual access would apply only to that floor.

Scoping is also applied to ensure dual access in secured areas of facilities, such as prisons and jails since circulation among occupants may be restricted to such an area. In the proposed rule, technical criteria applicable to detention and correctional facilities required wheelchair access to drinking fountains serving accessible housing or holding cells (section 807.2.4 in the proposed rule). However, the basic scoping in section 211 would have applied equally to detention and correctional facilities, including the requirement for units designed to accommodate people who have difficulty bending or stooping. In the final rule, an exception has been added to clarify that drinking fountains serving inaccessible cells only are not required to be accessible (211.1, Exception). Those units that serve accessible cells are required to be accessible as required in section 211.