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

806 Transient Lodging Guest Rooms

Section 806 addresses access to accessible guest rooms (806.2) and those guest rooms that provide access to persons who are deaf or hard of hearing (806.3). Substantive changes made to this section revise requirements for:

• vanity counter spaces in accessible toilet or bathing rooms (806.2.4.1)

• wheelchair turning space (806.2.6)

• visual alarms (806.3.1)

• telephones (806.3.2)

Comment. Requirements for accessible toilet and bathing rooms include a provision for vanity counter top spaces, which in the past have been omitted from accessible guest rooms even where provided for inaccessible rooms. This provision requires accessible vanity counter tops at lavatories in accessible guest rooms if vanity counter tops are provided in other guest rooms (806.2.4.1). The proposed rule required the vanity top in accessible rooms to be at least 2 square feet. Industry commenters considered this specification unduly restrictive while persons with disabilities considered it inadequate in ensuring equivalent access. The proposed rule also applied requirements for reach ranges and operable parts (sections 308 and 309) which would have effectively required knee and toe clearances below the vanities.

Response. The Board has removed the minimum surface requirement (2 square feet) for vanity counter tops. The revised provision requires vanity counter top space in accessible rooms to be comparable, in terms of size and proximity to lavatories, to those provided in other rooms of the same type. In addition, the requirement for compliance with sections 308 and 309 has been removed in the final rule. This change is consistent with the ANSI A117.1 standard.

A provision in section 806.2.6 prohibiting beds from overlapping wheelchair turning space has been removed for consistency with specifications for such space in section 304, as discussed above in section 805.2.

Guest rooms required to have accessible communication features are required to have visual alarms. As discussed above in section 702, technical requirements for visual alarms in the proposed rule have been replaced with references to criteria in the NFPA 72. Corresponding revisions have been made to the provision for visual alarms in guest rooms (806.3.1). This provision references both the visual and audible criteria for alarms in the NFPA standards.

Guest rooms providing communication access are also subject to requirements for notification devices and telephones (806.3.2). Telephones must have volume control. Also, telephones must be served by an accessible outlet not more than 4 feet away to facilitate use of TTYs. In the proposed rule, both of these requirements applied to "permanently installed" telephones. The Board has removed the term"permanently installed" because it is the Board’s understanding that the Department of Justice will clarify the application of the guidelines to permanently installed elements in its rulemaking to update its standards for consistency with these guidelines.

Guest rooms required to have accessible communication features are required to have visual alarms. As discussed above in section 702, technical requirements for visual alarms in the proposed rule have been replaced with references to criteria in the NFPA 72. Corresponding revisions have been made to the provision for visual alarms in guest rooms (806.3.1). This provision references both the visual and audible criteria for alarms in the NFPA standards.

A provision in section 806.2.6 prohibiting beds from overlapping wheelchair turning space has been removed for consistency with specifications for such space in section 304, as discussed above in section 805.2.

Comment. Requirements for accessible toilet and bathing rooms include a provision for vanity counter top spaces, which in the past have been omitted from accessible guest rooms even where provided for inaccessible rooms. This provision requires accessible vanity counter tops at lavatories in accessible guest rooms if vanity counter tops are provided in other guest rooms (806.2.4.1). The proposed rule required the vanity top in accessible rooms to be at least 2 square feet. Industry commenters considered this specification unduly restrictive while persons with disabilities considered it inadequate in ensuring equivalent access. The proposed rule also applied requirements for reach ranges and operable parts (sections 308 and 309) which would have effectively required knee and toe clearances below the vanities.

Response. The Board has removed the minimum surface requirement (2 square feet) for vanity counter tops. The revised provision requires vanity counter top space in accessible rooms to be comparable, in terms of size and proximity to lavatories, to those provided in other rooms of the same type. In addition, the requirement for compliance with sections 308 and 309 has been removed in the final rule. This change is consistent with the ANSI A117.1 standard.

Guest rooms providing communication access are also subject to requirements for notification devices and telephones (806.3.2). Telephones must have volume control. Also, telephones must be served by an accessible outlet not more than 4 feet away to facilitate use of TTYs. In the proposed rule, both of these requirements applied to "permanently installed" telephones. The Board has removed the term"permanently installed" because it is the Board’s understanding that the Department of Justice will clarify the application of the guidelines to permanently installed elements in its rule making to update its standards for consistency with these guidelines.