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

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.