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

Comment. The proposed rule included a requirement for visual alarms in employee work areas that are served by audible alarms (203.3). Employee work areas are exempt from most other requirements in the guidelines under an exception at 203.9. In order to gauge the impact of this requirement, the Board posed several questions that sought comment on: how frequently alarm systems are typically replaced or upgraded in such a manner that the requirement would be triggered in existing facilities (Question 5), other alternatives that would provide a comparable level of life safety for employees who are deaf or hard of hearing (Question 6), and limiting the number of visual appliances for the benefit of people who have photosensitive epilepsy (Question 7). Comments indicated that alarm systems are typically replaced on a 10 - 15 year cycle. However, some indicated that the electrical service supporting the alarms is not necessarily replaced or upgraded when alarms systems are, which may preclude opportunities to easily add more appliances to the system as part of the work. Responses on alternative methods included low tech suggestions such as pagers, a buddy system, and other solutions that involve non-fixed elements or operational methods and are thus outside the scope of these guidelines. Many people who have photosensitive epilepsy and organizations representing them acknowledged that visual alarms are necessary in public use and common use areas but urged the Board to treat employee work areas differently. These commenters expressed concern that visual appliances in employee work areas could pose barriers to the employment of people who have photosensitive epilepsy. Activation of visual appliances in work areas on an as-needed basis does not provide a practicable solution as most codes, standards, and local laws prohibit deactivation of fire alarm appliances.

Response. The Board has removed the requirement for visual alarms in employee work areas. Instead, the final rule only requires that work areas be designed so that compliant visual appliances can be integrated into the alarm system (215.3). This provision, which applies only where work areas have audible alarm coverage, will facilitate accommodation of employees who are deaf or hard of hearing as required under title I of the ADA. The specification does not require electrical service to support wiring for visual appliances throughout all employee work areas. The specification merely requires that the wiring be placed so that it can be tapped into from the location of employee work areas. The Board believes that the surplus electrical service typically provided should be sufficient for the incidental installation of visual alarms.