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

Chapter 1: Application and Administration

This chapter states general principles that recognize the purpose of the guidelines (101), provisions for adults and children (102), equivalent facilitation (103), conventions (104), referenced standards (105), and definitions (106). Revisions have been made in the final rule to the sections covering conventions, referenced standards, and definitions.

104 Conventions

Section 104.1 notes that all dimensions not stated as a "maximum" or "minimum" are absolute and that all dimensions are "subject to conventional industry tolerances." Conventional industry tolerances recognized by this provision include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. In the final rule, the Board has limited this provision so that it does not apply to requirements where a range is provided since the specified range offers adequate tolerances. Section 104.2 addresses rounding in the case of percentages where fractions result.

Comment. Commenters recommended that a statement be added indicating that the figures in the guidelines are provided for information purposes only, consistent with the ANSI A117.1 standard.

Response. A provision has been added in the final rule which states that the figures contained in this document "are provided for informational purposes only" (104.3). This recognizes that all requirements in the guidelines are contained in text and that the figures are provided to illustrate the text-based specifications. Should a figure be interpreted differently from the text, the text governs.

105 Referenced Standards

Section 105 lists the industry standards referenced in the guidelines. It also clarifies that where there is a difference between a provision of the guidelines and the referenced standards, the provision of the guidelines applies. The final rule includes information on where these referenced standards can be obtained or inspected. The Board also has clarified in this section where in the guidelines each standard is referenced.

Standards referenced in the final rule include those issued by the:

• American National Standards Institute (ANSI) and Builders Hardware Manufacturers Association (BHMA) for power operated and power assisted doors (105.2.1)
• American Society of Mechanical Engineers (ASME) for various elevators and platform lifts (105.2.2)
• American Society for Testing and Materials (ASTM) for use zones, play equipment, and accessible surfaces at play areas (105.2.3)
• International Code Council (ICC), whose International Building Code is referenced with respect to provisions for means of egress and railings (105.2.4)
• National Fire Protection Association (NFPA) for fire alarms (105.2.5)

The Board has revised the rule to reference the most recent editions of the standards and addenda. The final rule includes the addition of ASTM standards and the International Building Code (IBC). Guidelines for play areas previously issued by the Board, which reference ASTM criteria for use zone and accessible surfaces in play areas, have been incorporated into the final rule. Provisions in the guidelines for accessible means of egress have been replaced by references to corresponding requirements in the IBC.

Information on the standards referenced in this rule is available on the Board’s website at www.accessboard.gov and in advisory notes.

106 Definitions

Various defined terms and definitions have been revised, removed, or added in the final rule. The following definitions have been removed as unnecessary, in most cases due to changes in certain scoping or technical requirements: "accessible route," "area of refuge," "automatic door," "destination-oriented elevator," "ground floor," "occupiable," "power-assisted door," "sign," and "wheelchair." New definitions included in the final rule address: "assistive listening system," "equipment," "key station," and "occupant load." Definitions contained in the guidelines for recreation facilities and play areas are included in the final rule. Definitions that have been revised include: "assembly area," "common use," "mezzanine," "residential dwelling unit," "transient lodging," "vehicular way," and "walk."

Comment. It was suggested that the definition of "assembly area" should more clearly address the types of facilities covered. The definition’s reference to spaces used "for the consumption of food and drink" may be interpreted as applying to restaurants generally. The definition should also be revised, consistent with building codes, to apply to assembly areas that comprise only a portion of a facility.

Response. The definition of "assembly area" has been revised to include "a building, facility, or portion thereof used for the purpose of entertainment, educational or civic gatherings or similar purposes." An illustrative list of examples, previously provided in the scoping provision (221), has been relocated to this definition.

Comment. Consistent with the original ADAAG, the proposed rule defined "common use," in part, as spaces or elements "made available for a restricted group of people." Comments considered the reference to "restricted" as a source of confusion and misinterpretation. In addition, it was suggested that "group" be replaced by a specific number.

Response. As revised, the definition of "common use" refers to "interior or exterior circulation paths, rooms, spaces, or elements that are not for public use and are made available for the shared use of two or more people."

Comment. Commenters suggested that the definition for "mezzanine" should be revised for consistency with model building codes, including the IBC.

Response. "Mezzanine" is now defined by the same definition used in the IBC: "An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which the level or levels are located." The Board has included clarification that mezzanines are elevated high enough to accommodate human occupancy on the floor below.

Comment. Commenters considered it important that the definitions for "dwelling unit" and "transient lodging" be revised and made mutually exclusive to avoid the confusion of potentially overlapping terms. In particular, the hotel and motel industry was concerned about requirements for dwelling units being misapplied to transient lodging facilities.

Response. In the final rule, the definitions for "dwelling unit" and "transient lodging" have been clarified and made mutually exclusive. The guidelines now use the term "residential dwelling unit," which is defined as "a unit intended to be used as a residence, that is primarily long-term in nature." This definition specifically excludes transient lodging, as well as medical care and long-term care facilities and detention and correctional facilities. "Transient lodging" has been revised as applying to any facility "containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature." The term excludes residential dwelling units, among other facility types. In addition, language exempting bed-and-breakfast type facilities with no more than five rooms has been relocated to this definition from the scoping provision for transient lodging in section 224.