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

Section 221.3 covers companion seats which are to be paired with wheelchair spaces. The proposed rule specified that companion seats be readily removable so as to provide additional space for a wheelchair. In the final rule, companion seats are permitted to be movable. Thus, they are not required to double as an alternative wheelchair space.

Comment. The Board sought information on the impact of the requirement that each wheelchair space have an adjacent companion seat that can be removed to provide an adjoining wheelchair space (Question 10). Comments noted that this requirement effectively doubles the scoping requirements for wheelchair spaces and that the required extra space would significantly increase construction costs. Several comments noted that more flexibility for both wheelchair spectators and the facility could be achieved by allowing companion seats to be movable; however, comments noted that some building codes may require companion seats to be fixed. Another solution put forward was the use of seating that folded and swung away, leaving enough space for a wheelchair position.

Response. The final rule requires one companion seat for each wheelchair space, but allows the seat to be movable. This seat is not required to provide an additional wheelchair space when removed.

Comment. In the belief that readily removable seats should provide a companion with virtually the same experience in terms of comfort and usability as other fixed seats, the Board asked what specific characteristics they should have relative to other seats (Question 11). The majority of comments strongly favored requirements for companion seats to be equivalent or comparable to other provided seating in the same assembly area.

Response. The Board has included technical criteria for companion seats that requires them to be equivalent to other seats in the immediate area in terms of quality, size, comfort, and amenities (802.3).