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

Editorial revisions made to the scoping provisions for toilet and bathing facilities include:

  • clarification of the requirement that toilet and bathing facilities be provided on an accessible story in facilities exempt from the requirement for an elevator where toilet and bathing facilities are provided (213.1)

  • relocation of requirements for signs (213.2.2 in the proposed rule) to the signage scoping section (216.8)

  • removal of exceptions for toilet and bathing rooms serving inaccessible patient rooms, guest rooms, dwelling units, and cells (213.2, Exceptions 5 through 8 in the proposed rule)

The proposed rule provided several exceptions which clarified that access is not required to toilet and bathing facilities serving inaccessible medical care patient rooms, transient lodging guest rooms, dwelling units, or prison and jail cells (213.2, Exceptions 5 through 8). Similar to corresponding exceptions for kitchens and kitchenettes in 212, these exceptions have been removed as unnecessary since scoping elsewhere in Chapter 2 indicates the number of rooms, units, and cells required to be accessible. Those not scoped are not required to be accessible, including toilet and bathing facilities serving them.

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