36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats
Section 802 provides requirements for wheelchair spaces, companion seats, and designated aisle seats in assembly areas. Requirements have been reorganized and renumbered. Substantive changes include:
Comment. Wheelchair spaces may be placed side-by-side, as reflected in specifications for width that are specific to adjoining spaces. The proposed rule specified that the approach to a wheelchair space could pass through one adjoining wheelchair space, but not others (802.5). This was done to limit the inconvenience to those occupying wheelchair spaces who would otherwise have to move, possibly from the space or row entirely, to accommodate others traveling to and from other wheelchair spaces in the same row. Comments from persons with disabilities urged that the rule be modified to prohibit travel through any wheelchair space.
Response. In the final rule, the Board has modified specifications for the approach to wheelchair spaces so that travel through any wheelchair space is not required in accessing a wheelchair space (802.1.4). As a result, accessible routes cannot overlap wheelchair spaces.
Comment. The Board sought comment on whether it should clearly prohibit circulation paths (not just accessible routes) from overlapping wheelchair spaces (Question 38). Persons with disabilities overwhelmingly supported such a change to ensure that people using wheelchair spaces do not have to shift or move out of the way of other pedestrian traffic while occupying spaces. Comments from industry noted that such a requirement would increase space requirements at wheelchair seating areas.
Response. The Board agrees with the majority of comments that persons using wheelchair spaces should not have to contend with overlapping pedestrian traffic. Nor should occupied spaces obstruct circulation paths, particularly means of egress. A requirement that wheelchair spaces not overlap circulation paths is included in the final rule (802.1.5). This requirement is intended to apply only to the circulation path width required by applicable building and fire codes and helps ensure consistency between accessibility and life safety criteria. Such codes generally do not permit wheelchair spaces to block the required width of a circulation path. In various situations, the new requirement is expected to have modest impacts. For example, where a main circulation path located in front of a seating row with a wheelchair space is wider than required by applicable building and fire codes, the wheelchair space may overlap the portion of the path width provided in excess of code requirements. Where a main circulation path is located behind a seating row with a wheelchair space that is entered from the back, the aisle in front of the row may need be to be wider in order not to block the required circulation path to the other seats in the row, or a mid-row opening may need to be provided to access the required circulation path to the other seats.
In the proposed rule, the Board posed several questions concerning the requirements for the dispersion of wheelchair spaces (which were located in section 802.6). These requirements have been revised and relocated to the scoping section for wheelchair spaces at section 221. As discussed above, the Board has clarified the intent of the proposed rule in calling for a choice in viewing angles comparable to that provided other spectators. In addition, the Board removed a criterion for dispersion based on a comparable choice in admission prices. In the final rule, it is required that wheelchair spaces be dispersed so that persons using them have "choices of seating locations and viewing angles that are substantially equivalent to, or better than, the choices of seating locations and viewing angles available to all other spectators" (221.2.3). Like the proposed rule, specifications are provided for horizontal (side to side) and vertical (front to back) dispersion. Wheelchair spaces must be located at "varying distances from the screen, performance area, or playing field" to achieve effective vertical dispersion. Exceptions from the requirements for horizontal and vertical dispersion requirements are provided for assembly areas with 300 seats or fewer.
Section 802.2 covers lines of sight to the screen, performance area, or playing field for persons using wheelchair spaces. These technical provisions address sight lines over seated and standing spectators. The Board has revised these requirements (located in section 802.9 in the proposed rule). In the proposed rule, it was specified that wheelchair space sight lines be "comparable" to those provided "in the seating area in closest proximity to the location of the wheelchair spaces, but not in the same row." In venues where people are expected to stand at their seats during events, wheelchair spaces were to be located so that users have lines of sight over standing spectators comparable to those provided others in nearby seats not in the same row.
Comment. The proposed rule required that wheelchair spaces offer lines of sight "comparable" to those provided other spectators (802.9). Corresponding elevation drawings (Figures 802.9.1 and 802.9.2) illustrated lines of sight over the head of persons in the preceding row. Designers of assembly facilities expressed concern that these requirements, as illustrated, might be read to require this kind of sight line in all cases. However, a conventional practice is to design seating so that lines of sight are provided between, not over, the heads of persons in the preceding row through staggered seating. Generally, where the sight line is between the heads in the row immediately in front, it is also over the head of the second row. According to these commenters, comparable access at wheelchair seating should be based on the type of sight line (over heads or between heads) provided at inaccessible seats.
Response. The final rule has been modified to clarify what constitutes comparable lines of sight over seated spectators (802.2.1) and standing spectators (802.2.2). Specifically, the revised specifications distinguish between sight lines provided over and between heads of spectators in the row ahead. Where lines of sight over the heads of spectators in the first row in front is provided, then those occupying wheelchair spaces must also be provided lines of sight over the heads of spectators in the first row in front of the spaces (802.2.1.1). A similar requirement for equivalency is specified where sight lines are provided over the shoulders and between the heads of spectators in the first row in front (802.2.1.2). Parallel provisions are provided for assembly areas where spectators are expected to stand during events (802.2.2.1 and 802.2.2.2).
Section 802.4 provides technical criteria for designated aisle seats. These seats are intended to provide access for people with disabilities who do not need or prefer wheelchair spaces.
Comment. The proposed rule required that such seats have removable or folding armrests or no armrests on the aisle side. Comments noted that this should apply only where armrests are provided on seats in the same area. Comments from persons with disabilities felt that armrests should be required at designated aisle seats if other seats have armrests. Facility operators noted that it is not practical to provide removable armrests because they become misplaced, lost, or stolen over time.
Response. Requirements for armrests have been revised to apply only where armrests are provided on seating in the immediate area. Armrests on the aisle side of the seat are required to be folding or retractable. Complying armrests are not required where no armrests are provided on seats.
Section 802.3 addresses companion seats, which are required to be paired with wheelchair spaces (221.3). In the final rule, the Board has clarified that companion seats are to be located to provide shoulder alignment with adjacent wheelchair spaces (802.3.1). Consistent with the ANSI A117.1‒2003 standard, the provision in the final rule specifies that shoulder alignment is to be measured 36 inches from the front of the wheelchair space and that the floor surface of companion seats is to be at the same elevation as that of wheelchair spaces. In the proposed rule (802.7), companion seats were required to be "readily removable." As discussed above in section 221, the final rule allows, but does not require, companion seats to be removable (802.3.2). In addition, the Board has added a requirement that companion seats be "equivalent in quality, size, and comfort and amenities" to seating in the immediate area (802.3.2). Amenities include, but are not limited to, cup holders, arm rests, and storage pockets.
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