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

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Chapter 4: Accessible Routes

Chapter 4 contains technical requirements for accessible routes (402) and the various components of such routes, including walking surfaces (403), doors, doorways and gates (404), ramps (405), curb ramps (406), elevators (407 through 409), and platform lifts (410). In the proposed rule, this chapter included requirements for accessible means of egress and areas of refuge (409 and 410). These sections have been removed, as discussed above at section 207. The scoping provisions for accessible means of egress at section 207 now reference corresponding requirements in the International Building Code (IBC). Information on the IBC is available on the Board’s website at www.access-board.gov and in advisory notes.

Section 402 lists the various elements that can be part of an accessible route: walking surfaces, doorways, ramps, elevators, and platform lifts. Walking surfaces must have a running slope of 1:20 or less. Those portions of accessible routes that slope more than 1:20 must be treated as ramps or curb ramps.

Comment. Comments noted that curb ramps should be included in the list of accessible route components.

Response. A reference to curb ramps has been added to this list in the final rule (402.2). In addition, the Board has clarified that only the run of curb ramps, not the flared sides, can be considered part of an accessible route.

403 Walking Surfaces

Requirements in 403 for walking surfaces apply to portions of accessible routes existing between doors and doorways, ramps, elevators, or lifts. The requirements for walking surfaces derive from existing specifications for accessible routes covering floor or ground surfaces, slope, changes in level, and clearances. Revisions made to this section include:

adding an exception for circulation paths in employee work areas (403.5, Exception)
removing redundant specifications for protruding objects (403.5.3 in the proposed rule)
addressing handrails provided along walking surfaces (403.6)

The final rule requires that common use circulation paths within work areas satisfy requirements for accessible routes (203.9). This provision does not require full accessibility within the work area or to every individual work station, but does require that a framework of common use circulation pathways within the work area as a whole be accessible. These circulation paths must be accessible according to requirements for accessible routes and walking surfaces. Section 403.5 includes requirements for the clear width of walking surfaces. The Board has included an exception to section 403.5 which recognizes constraints posed by various types of equipment on the width of circulation paths. Under this exception, the specified clearance for common use circulation paths within employee work areas can be reduced by equipment where such a reduction is essential to the function of the work being performed.

The proposed rule included a requirement that protruding objects not reduce the required clear width of walking surfaces (403.5.3). The Board has removed this requirement as redundant. Section 307, which addresses protruding objects, specifies that such objects not reduce the clear width of accessible routes (307.5).

Comment. Requirements for handrails in the proposed rule applied only to those provided along ramps and stairs. The handrail requirements in section 505 address specifications for continuity, height, clearance, gripping surface, cross section, fittings, and extensions. The Board sought comment on whether these requirements should also be applied to handrails that are provided along portions of circulation paths without ramps or stairs (Question 20). The few comments that addressed this question supported the inclusion of such a requirement.

Response. In the final rule, the Board has included a requirement at section 403.6 that handrails, where provided along walking surfaces not treated as a ramp (i.e., those with running slopes no steeper than 1:20), meet the technical criteria in section 505. The Board has included provisions in section 505 that exempt walking surfaces from requirements for handrails on both sides and from requirements for handrail extensions.

Comment. Section 403.5 specifies a continuous clearance of 36 inches minimum for walking surfaces. Wider clearances are specified for wheelchair passing space (60 inches minimum) and certain sharp turns around narrow obstructions. Several comments urged an increase in the specified clearances for walking surfaces, such as a 48 inch minimum for exterior routes, and an increase in wheelchair passing space to 66 inches.

Response. No revisions have been made to the specified clearance of walking surfaces. The minimum width of exterior routes on public streets and sidewalks will likely be revisited in supplementary guidelines specific to public rights-of-ways that the Board intends to develop. These supplementary guidelines will be proposed for public comment.

404 Doors, Doorways, and Gates

This section covers both doors, doorways, and gates that are manually operated (404.2) and those that are automated (404.3). Changes made to the requirements for manually operated doors:

clarify coverage of gates and the application of this section to manual doors and doorways intended for user passage (404.2)
clarify and modify maneuvering clearance requirements (404.2.4)
modify requirements for doors and gates in series (404.2.6)
clarify the height of door and gate hardware and add an exception for gates at pools, spas, and hot tubs (404.2.7)
revise an exception for door and gate surface requirements (404.2.10, Exception 2) and add a new exception for existing doors and gates (Exception 4)

In the proposed rule, section 404 referenced doors and doorways. The original ADAAG included a provision for gates which were subject to all relevant specifications for doors and doorways. The final rule includes references to gates throughout section 404 so that they are equally covered, consistent with the intent of this section and with scoping provisions for doors, doorways, and gates in section 206.5. In addition, clarification has been added that the requirements for manual doors, doorways, and gates in section 404.2 apply to those "intended for user passage."

Comment. Commenters requested that the Board specifically address doors which do not provide user passage.

Response. Section 404, as all of Chapter 4, addresses accessible routes and components of such routes. Doors which do not provide user passage would not be considered part of an accessible route. However, doors not providing user passage, such as those at many types of closets and wall mounted cabinets, are subject to requirements for storage (811) and for operable parts (309) where they are required to be accessible.

Comment. Table 404.2.4.1 specifies maneuvering clearances for manual swinging doors and gates. At doors that provide a latch side approach, the minimum depth of this clearance is increased where a closer is provided because additional space is needed to counteract the force of closers while maneuvering through the door from either the push or the pull side. In the proposed rule, this additional depth (6 inches) was specified when both a closer and a latch are provided. Comments indicated that this requirement should apply based on the provision of a closer since the addition of a latch does not impact the need for additional maneuvering clearance.

Response. The specification in Table 404.2.4.1, footnote 4, has been revised to apply where a closer is provided at doors with latch side approaches. The reference to latches has been removed.

Section 404.2.4 addresses maneuvering clearances at manual doors, doorways, and gates. It includes tables that specify these clearances according to the type of door, doorway, or gate (swinging, sliding, folding, and doorways without doors or gates) and the approach (front, latch side, hinge side). Clearances are specified for the pull side and the push side in the case of swinging doors. The final rule includes clarification, which was partially contained in a previous footnote to Table 404.2.4.1, that maneuvering clearances "shall extend the full width of the doorway and the required latch side or hinge side clearance," consistent with corresponding figures.

Comment. The proposed rule exempted doors to hospital patient rooms that are at least 44 inches wide from the specifications for latch side clearances. This exception derives from the original ADAAG and was intended to apply to those types of patient rooms where patients are typically transported in and out by hospital staff. Commenters pointed out that this exception should be limited to acute care patient bedrooms, as in the original ADAAG. The 44 inch specification pertains to the clear opening width of doors intended to accommodate gurneys.

Response. The exception, located at section 404.2.4 in the final rule, remains generally applicable to entry doors serving hospital patient rooms. The 44 inch width criterion has been removed so that the exception may be applied without regard to the door width. The Board opted not to limit the application of this exception due to concerns about the impact on the standard design and size of patient rooms. Doors to patient rooms are often located close to adjacent interior walls in order to facilitate circulation and to enhance privacy. As a matter of design, practice, or code requirement, such doors are typically wider in order to accommodate beds and gurneys.

Comment. Section 404.2.5 addresses the height of thresholds. A maximum height of ½ inch is generally specified, although an exception permits a maximum height of ¾ inch at existing or altered thresholds that have a beveled edge on each side. Many comments opposed any threshold height above ½ inch. Conversely, a few comments urged that this exception be broadened to restore a similar allowance for exterior sliding doors.

Response. The Board has retained the ¾ inch height allowed for thresholds with a beveled edge on each side that are existing or altered because compliance with the ½ inch requirement can, in some cases, significantly increase alteration costs and necessitate replacement of door assemblies. An exception in original ADAAG that allowed a ¾ inch threshold at exterior sliding doors was removed in the proposed rule because products are available, including swinging doors, that meet the ½ inch maximum specified for all other doors. No changes to the criteria for thresholds have been made in the final rule.

Section 404.2.6 specifies the minimum separation between doors and gates in series (48 inches plus the width of doors or gates swinging into the space). The proposed rule, consistent with the original ADAAG, included a requirement that doors and gates in series swing either in the same direction or away from the space in between. The Board has removed this requirement for consistency with the ANSI A117.1 standard. The required separation between doors and gates in series and specifications for maneuvering clearances at doors will ensure sufficient space regardless of the door swing. The height of door and gate hardware (34 to 48 inches) is specified in section 404.2.7. In the final rule, the Board has clarified that this height pertains to the operable parts of hardware, consistent with the ANSI A117.1 standard.

In finalizing this rule and incorporating its guidelines for recreation facilities, the Board determined that the specified height for door and gate hardware conflicts with industry practice or safety standards for swimming pools which specify a higher range for the location of latches beyond the reach of young children. The Model Barrier Code for Residential Swimming Pools, Spas, and Hot Tubs (ANSI/NSPI−8 1996) permits latch releases for chain link or picket fence gates to be above 54 inches. The model safety standard does not apply this requirement to key locks, electronic openers, and integral openers which have a self-latching device that is also self-locking. To reconcile this conflict, the Board has added an exception in the final rule for barrier walls and fences protecting pools, spas, and hot tubs (404.2.7, Exception 2). Under this exception, a 54 inch maximum height is permitted for the operable parts of the latch release on self-latching devices. Although the final guidelines specify 48 inches as the maximum forward or side reach, the original ADAAG recognized a maximum of 54 inches for side reach. Consistent with the model safety standard, this exception is not permitted for self-locking devices operated by keys, electronic openers, or integral combination locks.

Comment. Section 404.2.7 also covers the operating characteristics and height of door and gate hardware. An exception is provided for "existing locks at existing glazed doors without stiles, existing overhead rolling doors or grilles, and similar existing doors or grilles that are designed with locks that are activated only at the top or bottom rail." The advisory committee had recommended a broader exception that would have permitted any location for locks used only for security purposes and not for normal operation. Several comments preferred the exception put forth by the advisory committee over the one proposed by the Board.

Response. The Board sought to limit the exception to existing doors or grilles because design solutions for accessible doors and gates are available in new construction. In addition, the Board felt that the advisory committee’s language concerning "locks used only for security purposes" could be construed as applying to any lock. No changes have been made to the exception.

Comment. Section 404.2.9 addresses the opening force of doors and gates. The provisions are consistent with existing ADAAG specifications by requiring a maximum 5 pounds of force for sliding, folding, and interior hinged doors. Fire doors are required to have the minimum opening force permitted by the appropriate administrative authority. No maximum opening force was proposed for exterior hinged doors. Many comments urged the Board to address exterior hinged doors, with a majority proposing a maximum of 8.5 pounds of force. Where this maximum cannot be met, the door should be required to be automatic or power-assisted, according to these comments. Some commenters felt that automatic doors should be made mandatory regardless of the opening force of manual hinged doors.

Response. Historically, the Board has not specified a maximum opening force for exterior hinged doors to avoid conflicts with model building codes. The closing force required by building codes usually exceeds 5 pounds, the maximum considered to be accessible. Factors that affect closing force include the weight of the door, wind and other exterior conditions, gasketing, air pressure, heating, ventilation, and air conditioning (HVAC) systems, and energy conservation, among others. Research previously sponsored by the Board indicates that a force of 15 pounds is probably the most practicable as a specified maximum. Considering that closing force is 60% efficient, a 15 pound maximum for opening force may be sufficient for closure and positive latching of most doors, but is triple the recognized maximum for accessibility. A maximum opening force for exterior hinged doors has not been included in the final rule.

Section 404.2.10 requires that swinging doors and gates have a smooth surface on the push side that extends their full width. This provision derives from the ANSI A117.1‒1992 standard and is intended to permit wheelchair footrests to be used in pushing open doors without risking entrapment on the stile. This provision requires that parts creating joints in the smooth surface are to be within 1/16 inch of the same plane as the other. Also, cavities created by added kick plates must be capped. Exceptions from this requirement are recognized for sliding doors (Exception 1), certain tempered glass doors without stiles (Exception 2), doors and gates that do not extend to within 10 inches of the floor or ground (Exception 3), and existing doors and gates (Exception 4).

Comment. Exception 2 exempts tempered glass doors without stiles that have a bottom rail or shoe with the top leading edge tapered at 60 degrees minimum from the horizontal. Comments indicated that these types of doors should be exempt from the requirement for the smooth surface area on the push side, but should be subject to other portions of the provision covering surface joints and added kick plates.

Response. In the final rule, section 404.2.10, Exception 2 has been revised to exempt the type of tempered glass doors described only from the requirement for a smooth surface on the push side that extends the full width of the door. Such doors remain subject to specifications for parts creating joints in the surface and for provided kick plates.

In finalizing the rule, the Board determined that the cost of making existing doors or gates comply with the smooth surface requirement in alterations can be significant. An exception from this requirement for existing doors and gates is provided in the final rule (404.2.9, Exception 4). Under this exception, such doors or gates do not have to comply with the surface requirements, provided that cavities created by added kick plates are capped.

Section 404.3 addresses automatic doors and gates, including those that are full-powered, low-energy, and power-assisted. In addition to the provisions of section 404.3, such doors are subject to industry standards (ANSI/BHMA 156.10 and 156.19). The reference to these standards in section 105.2 has been updated in the final rule to refer to the most recent editions: ANSI/BHMA A156.10‒1999 Power- Operated Pedestrian Doors and the 1997 or 2002 editions of ANSI/BHMA A156.19 Power-Assist and Low-Energy Power-Operated Doors. The Board’s website at www.access-board.gov provides further information on these referenced standards. Provisions in section 404.3 address clear width; maneuvering clearance; thresholds; doors and gates in series; operable parts; break out opening; and revolving doors, gates, and turnstiles.

Changes made to this section include:

removal of unnecessary language from the charging statement (404.3)
modification of maneuvering clearance specifications (404.3.2)
removal of requirements for door labels and warnings (404.3.6 in the proposed rule)
revision of specifications for break out opening (404.3.6)
addition of a provision for revolving doors, gates, and turnstiles (404.3.7)

Comment. In the proposed rule, section 404.3 noted that "[a]utomatic doors shall be permitted on an accessible route." Commenters indicated that this language was unnecessary since any type of door complying with section 404 may be on an accessible route (404.1).

Response. The statement permitting automatic doors on accessible routes in section 404.3 has been removed.

In the proposed rule, section 404.3.2 required that maneuvering clearances specified for swinging doors be provided at power-assisted doors and gates since their activation, unlike those that are fully automated, involves manual operation. In the final rule, this provision has been revised to also apply to automatic doors and gates not equipped with standby power that are part of an accessible means of egress. In cases of building power failure, this will help provide access where manual operation of the door or gate is required, unless the opening device has its own back-up power supply. A new exception exempts those automatic doors or gates that remain open in the power-off condition since manual operation is not necessary during power outages.

The proposed rule included a requirement that labels and warning signs for automatic doors meet requirements in section 703.4 for non-tactile signage (404.3.6). The Board has removed this requirement in the final rule since the referenced industry standards address the characteristics of these signs and labels.

Comment. In the proposed rule, the Board included a requirement that the clear break out opening for swinging or sliding automatic doors be at least 32 inches in emergency mode so that an accessible route through them is maintained in emergencies (404.3.7). Several comments opposed this requirement because of a common accessibility retrofit in which 60 inch wide double doors are automated so that both 30 inch leaves open simultaneously to meet the minimum 32 inch clear opening requirement. However, neither leaf would provide the minimum 32 inch clearance in emergency mode required by this provision.

Response. The Board has revised the requirement so that it applies only to those automatic doors and gates without standby power that are part of a means of egress (404.3.6). Automatic doors equipped with backup power would meet this requirement, including those with double leaves less than 32 inches wide. In addition, the Board has added an exception under which compliance with this provision is not required where accessible manual swinging doors or gates serve the same means of egress.

Comment. A commenter advised that no revolving doors or turnstiles should be permitted on an accessible route.

Response. As indicated in the proposed rule, manual revolving doors, gates, and turnstiles cannot be part of an accessible route (404.2.1). The Board has included a provision clarifying that automatic types of revolving doors, gates, and turnstiles cannot be the only means of passage at an accessible entrance (404.3.7). While automated revolving doors, if large enough, may be usable by people with disabilities, certain questions remain about the appropriate maximum speed, minimum diameter, compartment size, width and configuration of openings, break out openings, and safety systems such as motion detectors that stop door movement without contact. An alternate door in full compliance with 404 is considered necessary since some people with disabilities may be uncertain of their usability or may not move quickly enough to use them.

405 Ramps

Section 405 provides technical criteria for ramps. Revisions made to this section include:

a new exception for ramps in assembly areas (405.1)
removal of an exception for ramp slopes in historic facilities (405.2)
addition of exceptions for ramps in employee work areas (405.5 and 405.8)
clarification of specifications for ramp landings (405.7)

Comment. Requirements for ramps apply to portions of accessible routes that slope more than 1:20. Technical provisions address running slope, cross slope, handrails, landings, edge protection, and other elements. Comments from designers of assembly areas requested that the guidelines make clear that ramps adjacent to seating in assembly areas that are not part of a required accessible route do not have to comply with the guidelines. Often, it is not practicable that such ramps meet requirements for handrails, edge protection, running slope, and other specifications.

Response. An exception has been added in the final rule (405.1) for ramps adjacent to seating in assembly areas, which are not required to comply with the guidelines provided that they do not serve elements required to be on an accessible route

Section 405.2 specifies a maximum running slope of 1:12 for ramps. Alternate slope requirements are permitted for short ramps in existing facilities where space constraints effectively prohibit a 1:12 running slope. A 1:10 maximum slope is permitted for ramps with a rise of up to 6 inches, and a maximum 1:8 slope is allowed for ramps with a rise of up to 3 inches.

Comment. Commenters recommended that language in the original ADAAG be restored calling for the "least possible slope" to be used, with 1:12 being the maximum allowed.

Response. While the least possible slope is generally desired for easier access, this language had been removed because it is considered too vague from a compliance standpoint and thus difficult to enforce. The final rule, consistent with the proposed rule, specifies only that the maximum slope shall be 1:12.

Comment. The proposed rule included an exception for qualified historic structures (405.2, Exception 2) that would have permitted a running slope of 1:6 maximum for ramps no longer than 24 inches. Commenters urged that this exception be removed for consistency with the ANSI A117.1‒1998 standard and the International Building Code (IBC).

Response. This exception for qualified historic facilities has been removed in the final rule. Such facilities, however, may qualify for the exceptions generally permitted for existing facilities that have been retained in the final rule.

The final rule includes exceptions for ramps located in employee work areas. Common use circulation paths within such areas are subject to requirements for accessible routes (203.9). These circulation paths must be accessible according to requirements for accessible routes, including ramps. Exceptions included in the final rule for the clear width (405.5) and handrails (405.8) of ramps located in employee work areas recognize constraints posed by various types of equipment. Employee work area ramps do not have to meet the specified 36 inch minimum clear width where a decrease is necessary due to equipment within the work area so long as the decrease is essential to the work being performed. Ramps within employee work areas are not required to have handrails if they are designed to permit the later installation of complying handrails. A clearance of 36 inches between handrails is required, except at those ramps that qualify for the clear width exception in 405.5.

Comment. Section 405.7 addresses ramp landings, including the minimum width and length (405.7.2 through 405.7.4). A commenter suggested that these provisions be revised to the "clear" dimension for clarity and consistency.

Response. Specifications for ramp landings have been revised in the final rule, as suggested, to refer to the "clear" dimension.

406 Curb Ramps

Section 406 provides requirements specific to curb ramps and also applies requirements for other types of ramps covered by section 405. These include specifications for running slope, surface, clear width, and wet conditions. Consistent with the scope of the guidelines, these requirements apply to facilities on sites. The Board will address and invite comment on requirements for curb ramps located in public streets and sidewalks in upcoming rule making to develop supplementary guidelines specific to public rights-of-way. This supplement will be proposed for public comment based on recommendations from the Board’s Public Rights-of-Way Access Advisory Committee, which was comprised of representatives from the transportation industry, Federal, State and local government agencies, the disability community, and design and engineering professionals. This committee’s recommendations are contained in a report, "Building a True Community," which was submitted to the Board in January 2001.

Provisions for curb ramps in section 406 have been revised to:

clarify requirements for cross slope (406.1)
modify specifications for side flares (406.3) and landings (406.4)
delete unnecessary language concerning handrails (406.4 in the proposed rule)
clarify the specified location of curb ramps (406.5)
change specifications for diagonal curb ramps (406.6)

Comment. Comments indicated that specifications for cross slope (1:48 maximum) are not referenced in the curb ramp section.

Response. In the final rule, the Board has clarified that curb ramps, like other elements of accessible routes, cannot have a cross slope steeper than 1:48, by adding a reference to the cross slope specification for ramps in section 405.3.

Section 406.3 addresses the sides of curb ramps and specifies that side flares, where provided, have a slope of 1:10 maximum. In the proposed rule, this provision required flared sides where pedestrians must walk across the curb ramp. Returned sides were permitted where pedestrians would not normally walk across the ramp. In the final rule, this distinction has been removed. However, curbs with returned sides remain an alternative to flared sides. In addition, the specification for shallower (1:12) side flares for curb ramps with limited space at the top has been removed in conjunction with revisions to the criteria for landings (406.4).

Comment. Commenters advised that landings should be specified at the top of curb ramps.

Response. Section 406.4 is new to the final rule in clarifying requirements for landings at the top of curb ramps. Curb ramps must be connected by an accessible route which, in effect, requires space at least 36 inches in length at the top of curb ramps. Otherwise, maneuvering at the top of ramps would require turning on the flared sides. Landings must also be as wide as the curb ramp they serve. The proposed rule specified that side flares of 1:12 maximum must be provided when space at the top of curb ramps is less than 48 inches long. This specification has been removed. However, a similar exception has been added for alterations. Under this exception, 1:12 maximum side flares are required where there is no landing at the top of curb ramps. This exception was provided to address situations where existing space constraints or obstructions may prohibit a landing at the top of curb ramps.

Comment. Commenters advised that landings should be specified at the top of curb ramps.

The proposed rule noted that handrails are not required on curb ramps (406.4 in the proposed rule). This language, though accurate, has been removed as unnecessary since the technical provisions for curb ramps in section 406 do not include or reference requirements for handrails.

Section 406.5 specifies the location of curb ramps at marked crossings. In the final rule, requirements for the general location of curb ramps that were provided at [DOT ADA Standards] section 406.8 in the proposed rule have been integrated into this provision for simplicity. As reformatted, section 406.5 covers the location of curb ramps, including at marked crossings.

Access Board’s Note to Reader:

The Department of Transportation’s ADA standards require detectable warnings on curb ramps: 406.8 Detectable Warnings. A curb ramp shall have a detectable warning complying with 705. The detectable warning shall extend the full width of the curb ramp (exclusive of flared sides) and shall extend either the full depth of the curb ramp or 24 inches (610 mm) deep minimum measured from the back of the curb on the ramp surface.

Comment. Curb ramps must be located so that they do not project into vehicular traffic lanes or parking spaces and access aisles. Commenters noted that this requirement should be clarified to apply not only to the run of the curb ramp, but also to flared sides, where provided.

Response. Consistent with the intent of the requirement in section 406.5, the Board has clarified that the specified location applies to curb ramps "and the flared sides of curb ramps."

Comment. Section 406.6 provides specifications for diagonal (or corner type) curb ramps. These curb ramps must have a 48 inch minimum clear space at the bottom. Comments advised that this space should be provided outside active traffic lanes of the roadway so that persons traversing the ramp are not in the way of oncoming traffic from either direction at an intersection.

Response. Clarification has been added in the final rule that the clear space at the bottom of diagonal curb ramps must be located "outside active traffic lanes of the roadway."

Comment. Requirements for diagonal curb ramps in section 406.6 also specify that a segment of straight curb at least 2 feet long must be provided on each side of the curb ramp and within the marked crossing. This portion of curb face provides a detectable cue to people with vision impairments traveling within the crosswalk. Comments noted that this segment of curb does not have to be horizontally straight to provide such a cue and that achieving straight segments two feet long within marked crossings is very difficult under standard intersection design conventions.

Response. The requirement in section 406.6 that the 2 foot curb segment aside diagonal curb ramps be "straight" has been removed. The segment can be provided at arced portions of the curb, but must still be located within marked crossings.

Comment. Comments, most from groups representing persons with vision impairments, called attention to the need for detectable warnings at curb ramps, blended curbs, and cut-through islands. They requested that such a requirement be reinstated in the final rule. A few comments opposed such a change.

Response. The original ADAAG contained a requirement that curb ramp surfaces have a raised distinctive pattern of truncated domes to serve as a warning detectable by cane or underfoot to alert people with vision impairments of the transition to vehicular ways (ADAAG 4.7.7). This warning was required since the sloped surfaces of curb ramps remove a tactile cue provided by curb faces. In response to concerns about the specifications, the availability of complying products, proper maintenance such as snow and ice removal, usefulness, and safety concerns, the Board, along with the Department of Justice (DOJ) and the Department of Transportation (DOT), suspended the requirement for detectable warnings at curb ramps and other locations pending the results of a research project sponsored by the Board on the need for such warnings at these locations.²² The research project showed that intersections are very complex environments and that pedestrians with vision impairments use a combination of cues to detect intersections. The research project suggested that detectable warnings had a modest impact on detecting intersections since, in their absence, pedestrians with vision impairments used other available cues. The results of this research indicated that there may be a need for additional cues at some types of intersections, but did not identify the specific conditions where such cues should be provided.

Suspension of this requirement continued until July 26, 2001, to accommodate the advisory committee’s review of ADAAG and resulting rule making by the Board.²³ The advisory committee recommended that the requirement for detectable warnings at platform edges in transportation facilities be retained, but it did not make any recommendations regarding the provision of detectable warnings at other locations within a site. The advisory committee suggested that the appropriateness of providing detectable warnings at vehicular-pedestrian intersections in the public right-of-way should be established first, and that the application to locations within a site should be considered afterward. Consequently, the Board did not include requirements for detectable warnings in the proposed rule, except at boarding platforms in transit facilities. Nor did the Board further extend the suspension, which expired on July 26, 2001. Since the enforcing agencies did not extend the suspension either, the detectable warning requirements are technically part of the existing standards again. DOJ and DOT can provide additional guidance on their enforcement of these requirements pending the update of their standards according to these revised guidelines.

The Board will address and invite comment on detectable warnings on curb ramps in its development of guidelines covering public rights-of-way. Those guidelines will be proposed for public comment based on recommendations from the Public Rights-of-Way Access Advisory Committee. This committee’s report to the Board makes recommendations for detectable warnings at curb ramps. Consistent with the ADAAG Review Advisory Committee’s recommendation, the Board intends to address detectable warnings in public rights-of-way before including any specification generally applicable to sites. Thus, this final rule does not reinstate requirements for detectable warnings at curb ramps or hazardous vehicular areas.

²² 59 FR 17442 (April 12, 1994)

²³ 61 FR 39323 (July 29, 1996) and 63 FR 64836 (November 23, 1998)

407 Elevators

Section 407 covers passenger elevators, including destination-oriented elevators and existing elevators. This section also requires compliance with the industry safety code, ASME/ANSI A17.1- 2000 Safety Code for Elevators and Escalators. The Board has revised the rule to reference the most recent edition of this code (105.2.2).

The requirements for elevators have been extensively revised and reformatted. In the proposed rule, different types of elevators were covered by separate subsections: standard elevators (407.2), destination-oriented elevators (407.3), limited-use/limited-application elevators (407.4), and existing elevators (407.5). In addition, residential elevators were addressed in a separate chapter covering residential facilities (11). Since there was considerable redundancy in the specifications between some types of these elevators, the Board has integrated into one section (407) the requirements for standard, destination-oriented, and existing elevators. Basically, this revised section tracks the requirements for standard elevators in 407.2 of the proposed rule, but the provisions have been renumbered and formatted. Various exceptions specific to destination-oriented and existing elevators have been incorporated into this section to preserve the substance of differing specifications. Requirements for limited-use/limited-application (LULA) elevators and residential elevators are provided in sections 408 and 409, respectively.

Comment. The proposed rule applied requirements specifically to "new" elevators, including destination-oriented and LULA types, and to "existing" elevators. However, substantive differences between requirements for "new" and "existing" elevators applied only to standard elevators. Comments recommended that references to "new" be removed for consistency with the rest of the document.

Response. The Board has removed references to "new" in the requirements for elevators in sections 407 and 408 for consistency with the scoping of the guidelines. The requirements of these sections apply to existing elevators that are altered, consistent with the basic application of the guidelines. Provisions specific to "existing" elevators in section 407 address certain allowances permitted in the alteration of standard elevators.

Substantive changes made to requirements for elevators in section 407 include:

revision of the height of call controls (407.2.1.1)
removal of a specification concerning objects located below hall call buttons (407.2.2 in the proposed rule)
modification of specifications for audible hall signals (407.2.2.3) and audible car position indicators (407.4.8.2)
revision of the height of tactile floor designations at hoistways (407.2.3.1)
addition of an exemption for destination-oriented elevators from the requirements for door and
signal timing (407.3.4)
addition of a new exception for the height of car controls (407.4.6.1, Exception 1)
modification of requirements for keypads (407.4.7.2)
clarification that requirements for operable parts in 309 apply to call controls (407.2.1) and car controls (407.4.6)
removal of redundant specifications for emergency communication systems (407.4.9)
relocation of requirements for existing elevator cars to be labeled by the International Symbol of Accessibility, unless all cars are accessible, to the signage scoping section (216.7)

Section 407.2 provides specifications for elevator halls and lobbies. In the final rule, this provision has been editorially revised to refer to elevator "landings," consistent with the ANSI A117.1‒2003 standard.

Comment. The proposed rule specified that call buttons be located 35 to 48 inches above the floor (407.2.2). These controls should be held to the basic reach range specifications in section 308 like any other operable part, according to commenters.

Response. In the final rule, call controls are required to be located within one of the reach ranges specified in section 308 (407.2.1.1). In addition, the Board has removed a requirement that objects mounted beneath hall call buttons protrude no more than 4 inches into the clear floor space. Such protrusions are adequately addressed by requirements for clear floor space in 305 and for protruding objects in section 307.

Comment. Audible hall signals must indicate the direction of a responding car by the number of sounds (once for up and twice for down) or by verbal announcements (407.2.2.3). The proposed rule included a maximum frequency (1,500 Hz) for audible signals. The Board sought comment on whether a frequency band width should be specified for verbal annunciators (Question 21). Specifically, the Board asked whether a band width of 300 to 3,000 Hz for hall signals would be appropriate. Information on the availability and cost of products meeting this specification was also requested. Comments from the elevator industry indicated that hall signals currently fall within this range.

Response. The Board has added a requirement in the final rule that hall signal verbal annunciators have a frequency of 300 Hz minimum and 3,000 Hz maximum. For consistency, a similar requirement is specified for verbal car position indicators (407.4.8.2.3). In the proposed rule, these verbal annunciators were subject to a maximum frequency of 1,500 Hz. In addition, the Board has modified hall signal verbal annunciators by requiring that they "indicate the direction of elevator car travel," instead of specifying the content ("up," "down") as required in the proposed rule.

Comment. The proposed rule specified a decibel range of 20 to 80 decibels for hall signals and annunciators (407.2.3.1) and car position annunciators (407.3.4.2). Comments recommended that the minimum be changed to 10 decibels above the ambient noise level for consistency with the ANSI A117.1‒2003 standard.

Response. The minimum decibel range for hall and car position signals has been changed to 10 decibels above ambient. In addition, the provision for audible indicators (407.4.8.2) has been revised to require floor announcement when the car is about to stop, instead of when it has stopped, consistent with the ANSI A117.1 standard.

The proposed rule specified that tactile floor designations at the hoistway be 60 inches above the floor, measured from the baseline of the characters (407.2.4). In the final rule, this specification, now located at section 407.2.3.1, applies the mounting height generally required for other types of tactile signs by 703.2 (48 to 60 inches above the floor). The Board felt that there was little reason to hold hoist way signs to a more restrictive location than that specified for other types of tactile signs.

Comment. Section 407.3.1 recognizes acceptable types of elevator doors. The proposed rule recognized horizontal sliding doors. A comment indicated that other door types recognized by the elevator code should be recognized, such as vertical sliding doors.

Response. In the draft of the final guidelines, the Board had included a reference to vertical sliding doors permitted by the elevator safety code (ASME A17.1) in response to this comment. A similar change was not approved for the ANSI A117.1 standard due to concerns about such doors posing a tripping hazard to persons with vision impairments. For consistency, the Board has removed the reference to vertical sliding doors in the final rule.

Section 407.3.4 specifies door and signal timing. This provision helps ensure that elevator doors remain open long enough for persons with disabilities to travel from call buttons to the responding car and is based on a travel speed of 1 ½ feet per second. Destination-oriented elevators may have call buttons located outside elevator landing areas and have enhanced programming features for the response time of cars. In recognition of this, the Board has included in the final rule an exception from the door and signal timing requirements for destination-oriented elevators (407.3.4, Exception 2).

Comment. Comments recommended that the height of elevator car controls be harmonized with the ANSI A117.1 standard. Specifically, the ANSI standard specifies a maximum reach height of 48 inches for forward or side reaches. It also provides an exception that allows a maximum height of 54 inches for elevators with more than 16 openings where a parallel approach to the car controls is provided. The advisory committee also recommended lowering the maximum height for control buttons from 54 to 48 inches, consistent with its recommendations for reach ranges generally. The advisory committee recognized a potential adverse impact of a lower maximum height on elevators with panels that must have a large number of buttons in a limited amount of space and recommended an exception that would allow the 54 inch maximum height for elevators with more than 16 stops.

Response. As discussed above in section 308, the Board lowered the maximum side reach height from 54 to 48 inches. This height is the same as that specified for forward reaches. Elevator car controls are required to be within these reach ranges (407.4.6.1). Consequently, the Board has included an exception, consistent with the ANSI A117.1 standard and the advisory committee’s recommendation, that allows a maximum height of 54 inches where the elevator serves more than 16 openings and a parallel approach is provided (407.4.6.1, Exception 1).

Comment. The proposed rule, in addressing elevator car controls, required that telephone-style keypad buttons, where provided, be identified by raised characters centered on the keypad button (407.2.11.2), comments indicated that tactile characters for each button are not needed on such keypads. Support was expressed for making this requirement consistent with the ANSI A117.1‒1998 standard which requires a standard keypad arrangement with a raised dot on the number 5 key which is held to specifications for braille dots and a base diameter of 0.118 to 0.120 inch. Raised characters are not required.

Response. The Board has revised the requirements for elevator keypads, now located at 407.4.6.3 and 407.4.7.2, that are consistent with the ANSI A117.1 standard. The final rule requires a standard telephone keypad arrangement with the number 5 key identified by a raised dot that complies with specifications for the base diameter and specifications for braille dots in section 703.3.1. In addition, the Board has included a requirement that the characters provided on buttons comply with visual characteristics specified in section 703.5, which covers finish and contrast, character proportion and height, stroke thickness, and other criteria.

Section 407.4.9 provides criteria for emergency two-way communication systems in elevator cars which address the height of operable parts and identification by tactile characters. The proposed rule included requirements for the cord length of provided handsets and instructions. It also required that emergency signaling devices not be limited to voice communication. These requirements have been removed in the final rule because the referenced elevator safety code (ASME A17.1), as revised, adequately addresses these features or makes them unnecessary. For example, the ASME code prohibits the use of handsets since they are easily subject to vandalism, which obviates the need for specifications concerning the cord length.

Comment. Comments recommended that the guidelines address emergency communication systems located in a closed compartment and apply the specifications for operable parts in section 309 to compartment door hardware.

Response. The Board had included such a requirement in the draft of the final guidelines (407.4.9.6). In the final rule, the Board has removed this requirement since the ASME A17.1 safety code no longer permits emergency communication systems to be located within a closed compartment. However, the Board has retained provisions it had included that clarify the application of requirements for operable parts in 309.4 to call controls (407.2.1) and car controls (407.4.6).

Comment. In order to accommodate people with hearing or speech impairments, the proposed guidelines specified that the emergency communication system not rely solely on voice communication (407.2.13 in the proposed rule). The Board sought information and product literature on emergency communication devices and communication technologies that provide two-way communication in a manner accessible to people who are deaf and others who cannot use voice communication (Question 22). Comments, particularly those from groups representing persons who are deaf or hard of hearing, strongly supported such a requirement. They considered some form of interactive communication similar to that available through TTYs essential for providing equivalent access in emergencies. However, these comments did not specifically mention any technologies that are currently available to provide such access within elevator cars.

Response. Additional requirements for emergency communication systems are not included in the final rule. Further, the Board has removed specifications concerning the method of communication since the referenced elevator safety standard contains analogous provisions. Under such provisions, emergency communication systems cannot rely solely on voice communication. The ASME A17.1 code (section 2.27) requires provision of a push button labeled "HELP" which, when activated, initiates a call for help and establishes two-way communication. A visual signal is required on the same panel as the "HELP" button to notify persons with hearing impairments that the call for help has been received and two-way communication has been established. Voice (or other audible systems) with a visual display that provides information on the status of a rescue will meet this requirement. Clearly labeled visual displays can be as simple as lighted jewels that indicate that the call for help has been activated and that the message has been received. The visual signal is also required to indicate termination of the two-way communication link.

408 Limited-Use/Limited-Application Elevators

Section 408 provides requirements for limited-use/limited-application (LULA) elevators which correspond to section 407.4 in the proposed rule. LULA elevators are typically smaller and slower than other passenger elevators and are used for low-traffic, low-rise installations. This section provides specific criteria for these elevators and also references various provisions for standard elevators covered in section 407. Thus, some changes discussed above for standard elevators also pertain to LULA elevators as well. For example, the revision to the height of call buttons in section 407.2.1.1 (which are now subject to the basic reach range requirements instead of the previously specified range of 35 to 48 inches) also applies to LULA elevators. Additional changes in the final rule that are substantive in nature pertain to hoistways, car controls, and car sizes.

Comment. Some individuals and disability groups opposed the allowance of LULA elevators due to concerns about their size and accessibility. Industry, facility operators, designers and some disability groups strongly supported LULA elevators as an alternative where a standard elevator is not required.

Response. The Board has retained provisions for LULA elevators which are only permitted in facilities not required to have any elevator or as an alternative to platform lifts (206.6). Since this kind of elevator requires less space and costs less than standard elevators, LULA elevators will provide a more viable option where a form of vertical access would otherwise not be provided. The technical criteria for LULA elevators specify minimum car sizes that ensure adequate accessibility. In addition, they are required to comply with the applicable section of the elevator safety code (ASME/ANSI A17.1, Chapter XXV).

Comment. Requirements for standard elevators require that the main entry level be labeled by a tactile star at the hoistway (407.2.3.1). In the proposed rule, such a requirement was not included for LULA elevators. Comments suggested that such a requirement be included in the final rule for consistency.

Response. Requirements for hoistway signs for LULA elevators in section 408.2.3 have been replaced with a reference to corresponding requirements for standard elevators in section 407.2.3.1. This provision includes a requirement for a tactile star at the hoistway of the main entry level.

The guidelines specify that LULA elevator cars be at least 42 inches wide and 54 inches deep with a door on the narrow end providing at least 32 inches clear width (408.4.1). In the final rule, the Board has added alternate dimensions which are substantively consistent with the latest edition of the ANSI A117.1 standard. These dimensions permit a car at least 51 inches by 51 inches provided that the door has a clear width of at least 36 inches (408.4.1, Exception 1).

Residential dwelling units may be equipped with either a LULA elevator or a private residential elevator instead of a standard passenger elevator (206.6). Section 409 provides requirements for private residential elevators, which were located at section 1102.7 in the proposed rule. In the final rule, call buttons are subject to requirements in section 309 for operable parts, including clear floor space (309.2), height (309.3), and operation (309.4) according to section 409.2. In the proposed rule, they were subject only to requirements for height. In addition, the Board has applied requirements for the operation of operable parts (309.4) to controls (409.4.6) and the operable parts of emergency communication systems (409.4.7.2). No other substantive changes have been made to this section.

409 Private Residence Elevators

410 Platform Lifts

Section 410 provides requirements for platform lifts and addresses floor surfaces, clear floor space, operable parts, and doors and gates. This section has been updated to reference the new ASME A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts (410.1). This standard was under development when the proposed rule was published. This section has been reformatted and changes made to the specifications for doors and gates.

Comment. Platform lifts are required to have power-operated doors or gates. Those with doors or gates on opposing sides generally facilitate lift use by permitting a forward approach to both entry and exit doors or gates. As a result, these types of lifts are permitted to have a manual door or gates. The guidelines specify that manual doors or gates be "self-closing" (410.5, Exception). Comments noted that since the ASME/ANSI A18.1 standard requires such doors and gates to be self-closing, the specification in the rule was redundant.

Response. The Board has retained the requirement that manual doors or gates be self-closing (401.5, Exception) for consistency with the new ANSI A117.1 standard. In addition, the Board has added clarification, consistent with the ANSI standard, that the exception in section 410.5 does not apply to platform lifts serving more than two landings.

Comment. Commenters stressed that platform lifts should not be key operated.

Response. Previous editions of the safety code for lifts, not the Board’s guidelines, required platform lifts to be key operated. The most recent edition of the ASME standard, which the final rule references, does not contain a requirement for key operation.

Source: 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes) by U.S. Access Board - published 07/23/2004

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