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

Comment. Concern was expressed that reference to glazed openings provided for "operation by occupants" would be interpreted to apply to those operated by employees.

Response. Scoping provisions in 203.9 exempt employee work areas from the guidelines except for requirements concerning accessible routes, circulation paths, and wiring for visual alarms. Other elements of employee work areas are not required to comply.

Comment. The referenced technical criteria address the operable parts of windows, including that such parts be within accessible reach ranges, but they do not address the height of glazed openings. The Board sought comment on whether a maximum sill height should be specified so that people who use wheelchairs can look through the window to view ground level activities (Question 16). The Board also requested information on any design requirements, practices, or considerations that would specify installation above an accessible height in certain occupancies for security or safety reasons, such as to guard against break-ins or to prevent improper use by building occupants, including children. Information was sought on any other design impacts, such as the use of the space or cavity below windows for mechanical or other building systems. Comments from people with disabilities supported the idea of a specified sill height, though few recommended a particular height. Comment from industry opposed such a requirement. Some pointed to concerns about child safety and the impact on heating, ventilation, and air conditioning (HVAC) systems and other mechanical systems that use the cavity for duct work.

Response. No additional criteria for windows, including the sill height, have been included in the final rule.