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

Comment. In certain performing arts facilities, seating may be provided in tiered boxes for spatial and acoustical purposes. Often, steps are located on the route to these boxes. The proposed rule was not clear on how the scoping and dispersion requirements would apply in these types of facilities. Comments noted that requiring accessible routes to all boxes would fundamentally affect this type of design and recommended that an exception be made for such venues.

Response. Wheelchair spaces are required to be provided in each luxury box, club box, and suite according to a scoping table (221.2.1.2). The Board has clarified in the final rule that this requirement applies where such boxes and suites are provided in "arenas, stadiums, and grandstands." A new provision has been added for other types of assembly facilities, such as certain performing arts facilities, that may have tiered box seating (221.2.1.3). Under this provision, wheelchair spaces are determined according to the total number of fixed box seats and are required to be dispersed among at least 20% of the boxes. For example, if an assembly area has 20 boxes with five fixed seats each (totaling 100 seats), at least four wheelchair spaces would be required according to the scoping table. These four wheelchair spaces would have to be dispersed among at least four (20%) of the 20 boxes. This requirement clarifies that each box does not have to be treated separately as a discreet assembly facility individually subject to the scoping table, as is the case with luxury boxes and club boxes.