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

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).