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

903 Benches

Specifications for benches address clear floor or ground space (903.2), size (903.3), back support (903.4), height (903.5), structural strength (903.6), and slip resistance in wet locations (903.7).

Comment. The proposed rule specified that the wheelchair space be positioned so that it provides a parallel approach to an end of the bench seat (903.2). Commenters indicated that this provision could be misinterpreted as allowing the space to be provided in front of the bench at one end. Comments suggested clarifying that the clear floor or ground space is to be located parallel to the short axis of the bench.

Response. The Board has clarified that the clear floor or ground space is to be "parallel to the short axis of the bench."

Comment. The proposed rule required back support to be provided that extends vertically from a point no more than 2 inches above the bench to a height of at least 18 inches above the bench and that extends horizontally at least 42 inches (903.3). Commenters recommended clarification on the permitted horizontal distance of the back support from the rear edge of the seat. It was also recommended that the criteria for back support, which were included in the specifications for bench size, be relocated into a separate provision specific to back support.

Response. In the final rule, the specifications for back support have been clarified and relocated to a separate provision (903.4). The Board has added clarification that the back support may be located up to 2 ½ inches from the rear edge of the seat, measured horizontally. This specification is similar to one provided for shower seats (610.3). In addition, clarification has been added that the dimensions for back support are measured from the surface of the seat.

Comment. Commenters requested clarification as to whether walls can be used to provide back support where the seat is attached to walls. Most of these comments urged the Board to clearly allow the use of walls in providing back support. This would be consistent with an advisory note in the proposed rule which made reference to "dressing rooms where benches are fixed to the wall for back support" (Advisory 903.3).

Response. It was the Board’s intent in the proposed rule to allow the use of walls for back support where benches are attached to walls. In the final rule, the Board has added clarification to the text of the requirement stating that benches shall provide back support or shall be affixed to the wall (903.4).

Comment. The proposed rule specified that the bench seat be 17 to 19 inches above the floor or ground (903.4). Commenters noted that this specification should be clarified as applying to the height as measured at the top of the seat surface.

Response. In the final rule, the specification for height (renumbered as 903.5) has been revised as applying to the top of the bench seat surface.

Comment. The proposed rule specified that the bench seat be 17 to 19 inches above the floor or ground (903.4). Commenters noted that this specification should be clarified as applying to the height as measured at the top of the seat surface.

Response. In the final rule, the specification for height (renumbered as 903.5) has been revised as applying to the top of the bench seat surface.

Comment. The proposed rule specified that the wheelchair space be positioned so that it provides a parallel approach to an end of the bench seat (903.2). Commenters indicated that this provision could be misinterpreted as allowing the space to be provided in front of the bench at one end. Comments suggested clarifying that the clear floor or ground space is to be located parallel to the short axis of the bench.

Response. The Board has clarified that the clear floor or ground space is to be "parallel to the short axis of the bench."

Comment. The proposed rule required back support to be provided that extends vertically from a point no more than 2 inches above the bench to a height of at least 18 inches above the bench and that extends horizontally at least 42 inches (903.3). Commenters recommended clarification on the permitted horizontal distance of the back support from the rear edge of the seat. It was also recommended that the criteria for back support, which were included in the specifications for bench size, be relocated into a separate provision specific to back support.

Response. In the final rule, the specifications for back support have been clarified and relocated to a separate provision (903.4). The Board has added clarification that the back support may be located up to 2 ½ inches from the rear edge of the seat, measured horizontally. This specification is similar to one provided for shower seats (610.3). In addition, clarification has been added that the dimensions for back support are measured from the surface of the seat.

Comment. Commenters requested clarification as to whether walls can be used to provide back support where the seat is attached to walls. Most of these comments urged the Board to clearly allow the use of walls in providing back support. This would be consistent with an advisory note in the proposed rule which made reference to "dressing rooms where benches are fixed to the wall for back support" (Advisory 903.3).

Response. It was the Board’s intent in the proposed rule to allow the use of walls for back support where benches are attached to walls. In the final rule, the Board has added clarification to the text of the requirement stating that benches shall provide back support or shall be affixed to the wall (903.4).