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

Section 221.4 addresses designated aisle seats. The Board has significantly lowered the number of designated aisle seats required to be accessible. An exception from the requirement for designated aisle seats for team or player seating areas serving areas of sports activity has been incorporated into the final rule from the guidelines for recreation facilities.

Comment. The proposed rule specified that 1% of all seats be designated aisle seats, a quarter of which were to be located on accessible routes and the rest not more than 2 rows from an accessible route. The Board requested information on the cost and related design impacts of this requirement, particularly in locating aisle seats at or no more than two rows from an accessible route (Question 12). Comments stated that requiring designated aisle seats to be on an accessible route would require more space and entrances to seating areas and would result in the loss of seating space. Comments further stated that this would require a significant increase in the cost of such facilities.

Response. The Board has reduced the overall scoping for designated aisle seats. The final rule requires that 5% of aisle seats, not all seats, be designated aisle seats. These seats are required to be those closest to, but not necessarily on, an accessible route. Technical requirements for aisle seats at 802.4 have also been modified.