Chapter 8: Special Rooms, Spaces, and Elements

Chapter 8 covers various types of elements, rooms and spaces, including assembly areas (802), dressing, fitting, and locker rooms (803), kitchens and kitchenettes (804), medical care and long-term care facilities (805), transient lodging guest rooms (806), holding and housing cells in detention and correctional facilities (807), courtrooms (808), residential dwelling units (809), transportation facilities (810), and storage (811). In the final rule, requirements from other chapters have been relocated to this chapter. These include requirements for:

courtrooms at 808 (relocated from 232)
residential dwelling units at 809 (relocated from Chapter 11)
transportation facilities at 810 (relocated from Chapter 10)
storage at 811 (relocated from 905)

Substantive changes to these sections are discussed below.

802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats

Section 802 provides requirements for wheelchair spaces, companion seats, and designated aisle seats in assembly areas. Requirements have been reorganized and renumbered. Substantive changes include:

revision of requirements for the approach to, and overlap of, wheelchair spaces (802.1.4 and 802.1.5)
clarification of lines of sight specifications for wheelchair spaces (802.2)
new requirements for companion seats (802.3)
revision of criteria for designated aisles seats (802.4)

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.

In the proposed rule, the Board posed several questions concerning the requirements for the dispersion of wheelchair spaces (which were located in section 802.6). These requirements have been revised and relocated to the scoping section for wheelchair spaces at section 221. As discussed above, the Board has clarified the intent of the proposed rule in calling for a choice in viewing angles comparable to that provided other spectators. In addition, the Board removed a criterion for dispersion based on a comparable choice in admission prices. In the final rule, it is required that wheelchair spaces be dispersed so that persons using them have "choices of seating locations and viewing angles that are substantially equivalent to, or better than, the choices of seating locations and viewing angles available to all other spectators" (221.2.3). Like the proposed rule, specifications are provided for horizontal (side to side) and vertical (front to back) dispersion. Wheelchair spaces must be located at "varying distances from the screen, performance area, or playing field" to achieve effective vertical dispersion. Exceptions from the requirements for horizontal and vertical dispersion requirements are provided for assembly areas with 300 seats or fewer.

Section 802.2 covers lines of sight to the screen, performance area, or playing field for persons using wheelchair spaces. These technical provisions address sight lines over seated and standing spectators. The Board has revised these requirements (located in section 802.9 in the proposed rule). In the proposed rule, it was specified that wheelchair space sight lines be "comparable" to those provided "in the seating area in closest proximity to the location of the wheelchair spaces, but not in the same row." In venues where people are expected to stand at their seats during events, wheelchair spaces were to be located so that users have lines of sight over standing spectators comparable to those provided others in nearby seats not in the same row.

Comment. The proposed rule required that wheelchair spaces offer lines of sight "comparable" to those provided other spectators (802.9). Corresponding elevation drawings (Figures 802.9.1 and 802.9.2) illustrated lines of sight over the head of persons in the preceding row. Designers of assembly facilities expressed concern that these requirements, as illustrated, might be read to require this kind of sight line in all cases. However, a conventional practice is to design seating so that lines of sight are provided between, not over, the heads of persons in the preceding row through staggered seating. Generally, where the sight line is between the heads in the row immediately in front, it is also over the head of the second row. According to these commenters, comparable access at wheelchair seating should be based on the type of sight line (over heads or between heads) provided at inaccessible seats.

Response. The final rule has been modified to clarify what constitutes comparable lines of sight over seated spectators (802.2.1) and standing spectators (802.2.2). Specifically, the revised specifications distinguish between sight lines provided over and between heads of spectators in the row ahead. Where lines of sight over the heads of spectators in the first row in front is provided, then those occupying wheelchair spaces must also be provided lines of sight over the heads of spectators in the first row in front of the spaces (802.2.1.1). A similar requirement for equivalency is specified where sight lines are provided over the shoulders and between the heads of spectators in the first row in front (802.2.1.2). Parallel provisions are provided for assembly areas where spectators are expected to stand during events (802.2.2.1 and 802.2.2.2).

Section 802.4 provides technical criteria for designated aisle seats. These seats are intended to provide access for people with disabilities who do not need or prefer wheelchair spaces.

Comment. The proposed rule required that such seats have removable or folding armrests or no armrests on the aisle side. Comments noted that this should apply only where armrests are provided on seats in the same area. Comments from persons with disabilities felt that armrests should be required at designated aisle seats if other seats have armrests. Facility operators noted that it is not practical to provide removable armrests because they become misplaced, lost, or stolen over time.

Response. Requirements for armrests have been revised to apply only where armrests are provided on seating in the immediate area. Armrests on the aisle side of the seat are required to be folding or retractable. Complying armrests are not required where no armrests are provided on seats.

Section 802.3 addresses companion seats, which are required to be paired with wheelchair spaces (221.3). In the final rule, the Board has clarified that companion seats are to be located to provide shoulder alignment with adjacent wheelchair spaces (802.3.1). Consistent with the ANSI A117.1‒2003 standard, the provision in the final rule specifies that shoulder alignment is to be measured 36 inches from the front of the wheelchair space and that the floor surface of companion seats is to be at the same elevation as that of wheelchair spaces. In the proposed rule (802.7), companion seats were required to be "readily removable." As discussed above in section 221, the final rule allows, but does not require, companion seats to be removable (802.3.2). In addition, the Board has added a requirement that companion seats be "equivalent in quality, size, and comfort and amenities" to seating in the immediate area (802.3.2). Amenities include, but are not limited to, cup holders, arm rests, and storage pockets.

803 Dressing, Fitting, and Locker Rooms

Requirements for dressing rooms, fitting rooms, and locker rooms are contained in section 803.

Comment. Section 803.2 requires wheelchair turning space in accessible rooms. In the proposed rule, an exception to this provision noted that a portion of this space (6 inches maximum) could extend under partitions or openings without doors that provide toe clearance at least 9 inches high. Many comments opposed this exception since, as written, it would allow a 6 inch portion of the 5 foot turning space on both sides to be located beyond two side partitions, possibly resulting in dressing or fitting rooms that are only 4 feet wide.

Response. This exception concerning wheelchair turning space has been removed in the final rule (803.2). Requirements for wheelchair turning space in section 304 specify dimensions and recognize knee and toe space. However, permitted overlaps are limited. For example, an object with knee and toe clearance can overlap only one arm or the base of T-shaped turning space (304.3.2).

The proposed rule prohibited doors from swinging into the turning space (803.3). In the final rule, the Board has revised this requirement for consistency with the ANSI A117.1 standard. As revised, this provision permits doors to swing into the room where wheelchair space beyond the arc of the door swing is provided. This specification is consistent with provisions for single-user toilet rooms and bathrooms (603.2.3, Exception 2).

804 Kitchens and Kitchenettes

Requirements in section 804 apply to kitchens and kitchenettes, including those provided in transient lodging guest rooms and residential dwelling units. They also apply to spaces, such as employee break rooms, located in other facility types. In the final rule, requirements specific to kitchens in residential dwelling units have been folded into this section as part of the integration of the chapter on residential dwelling units (Chapter 11) into the rest of the document. Certain requirements intended only for dwelling unit kitchens have been modified accordingly. For example, requirements for clearances in pass through and U-shaped kitchens apply only to kitchens with cook tops or conventional ranges (804.2), and specified kitchen work surfaces are required only in kitchens in residential dwelling units 804.3). This reorganization does not substantively change the requirements of section 804 as they apply to kitchens not located in residential dwelling units. These include requirements for sinks (804.4), storage (804.5), and appliances (804.6).

Substantive changes apply primarily to requirements for dwelling unit kitchens. These revisions concern:

clearances in pass through kitchens (804.2.1)
storage (804.5)
operable parts of appliances (804.6.2)
oven controls (804.6.5)

Clearances for pass through kitchens address counters, appliances, or cabinets on two opposing sides. In the final rule, this provision has been revised to more clearly address situations where counters, appliances, or cabinets are opposite a parallel wall. In addition, the Board has changed references to "galley kitchens" with "pass through kitchens" for clarity.

At least 50% of shelf space in storage facilities is required to be accessible (804.5). This is consistent with the proposed rule with respect to kitchens generally, but differs from proposed specifications for dwelling unit kitchens, which only addressed clear floor space at cabinets (1102.12.5). The final rule clarifies access requirements for storage in dwelling unit kitchens that is consistent with specifications for other types of kitchens.

Requirements for appliances include provisions for operable parts (804.6.2), which are required to be accessible according to section 309. Section 309 includes specifications for clear floor space (309.2), height (309.3), and operating characteristics (309.4). The proposed rule contained an exception for controls mounted on range hoods. This provision has been replaced by an exception to general scoping provisions for operable parts that addresses redundant controls (205.1, Exception 6). In the addition, the Board has added exceptions for appliance doors and door latching devices in section 804.6.2.

Comment. Operable parts must be designed so they can be operated with one hand and without tight grasping, pinching, twisting of the wrist, or more than 5 pounds of force (309.4). Appliance manufacturers called attention to various appliances that cannot be easily redesigned to meet the maximum 5 pounds of force. At refrigerator and freezer doors, a tight seal is necessary for energy efficiency, as required by other Federal laws, which may result in an opening force that exceeds 5 pounds of force. The latch used to secure dishwasher doors and create a water-tight seal also typically requires a force that may exceed 5 pounds which would be difficult and costly to reduce.

Response. The final rule provides an exception under which appliance doors and their latching devices are not required to comply with the specified operating characteristics for operable parts in section 309.4, including the maximum pounds of force for operation (804.6.2, Exception 1).

Comment. Accessible reach ranges specify a minimum height of 15 inches (308.3) for unobstructed reaches. The appliance industry called attention to certain types of doors that, when fully open, cannot easily meet this specification, such as dishwasher doors and doors of ovens and broilers that are part of free-standing ranges. Compliance with the reach range requirement when the door is fully open would severely impact the design and size of such appliances.

Response. The Board has included an exception for bottom-hinged appliance doors, which do not have to be within reach range requirements specified in 309.3 when open (804.6.2, Exception 2).

Ovens are required to have controls on front panels (804.6.5.3). A specification that these controls be to the side of the door has been removed in the final rule as unnecessarily restrictive.

Clearances for pass through kitchens address counters, appliances, or cabinets on two opposing sides. In the final rule, this provision has been revised to more clearly address situations where counters, appliances, or cabinets are opposite a parallel wall. In addition, the Board has changed references to "galley kitchens" with "pass through kitchens" for clarity.

At least 50% of shelf space in storage facilities is required to be accessible (804.5). This is consistent with the proposed rule with respect to kitchens generally, but differs from proposed specifications for dwelling unit kitchens, which only addressed clear floor space at cabinets (1102.12.5). The final rule clarifies access requirements for storage in dwelling unit kitchens that is consistent with specifications for other types of kitchens.

Requirements for appliances include provisions for operable parts (804.6.2), which are required to be accessible according to section 309. Section 309 includes specifications for clear floor space (309.2), height (309.3), and operating characteristics (309.4). The proposed rule contained an exception for controls mounted on range hoods. This provision has been replaced by an exception to general scoping provisions for operable parts that addresses redundant controls (205.1, Exception 6). In the addition, the Board has added exceptions for appliance doors and door latching devices in section 804.6.2.

Comment. Operable parts must be designed so they can be operated with one hand and without tight grasping, pinching, twisting of the wrist, or more than 5 pounds of force (309.4). Appliance manufacturers called attention to various appliances that cannot be easily redesigned to meet the maximum 5 pounds of force. At refrigerator and freezer doors, a tight seal is necessary for energy efficiency, as required by other Federal laws, which may result in an opening force that exceeds 5 pounds of force. The latch used to secure dishwasher doors and create a water-tight seal also typically requires a force that may exceed 5 pounds which would be difficult and costly to reduce.

Response. The final rule provides an exception under which appliance doors and their latching devices are not required to comply with the specified operating characteristics for operable parts in section 309.4, including the maximum pounds of force for operation (804.6.2, Exception 1).

Comment. Accessible reach ranges specify a minimum height of 15 inches (308.3) for unobstructed reaches. The appliance industry called attention to certain types of doors that, when fully open, cannot easily meet this specification, such as dishwasher doors and doors of ovens and broilers that are part of free-standing ranges. Compliance with the reach range requirement when the door is fully open would severely impact the design and size of such appliances.

Response. The Board has included an exception for bottom-hinged appliance doors, which do not have to be within reach range requirements specified in 309.3 when open (804.6.2, Exception 2). Ovens are required to have controls on front panels (804.6.5.3). A specification that these controls be to the side of the door has been removed in the final rule as unnecessarily restrictive.

805 Medical Care and Long-Term Care Facilities

Section 805 addresses access to patient or resident sleeping rooms in medical care and long-term care facilities. Revisions made to this section include:

removing a stipulation that wheelchair turning space not extend beneath beds (805.2)
clarifying fixture requirements in accessible toilet and bathing rooms (805.4)

Comment. Wheelchair turning space is required in patient rooms and resident sleeping rooms. The proposed rule prohibited this space from extending under beds (805.2). Commenters opposed this requirement, noting that it is inconsistent with specifications for wheelchair turning space in section 304 which recognize knee and toe clearances for specified portions of the turning space. Commenters questioned why space at beds are held to a higher standard. A similar requirement was included for transient lodging guest rooms (806.2.6) and holding and housing cells (807.2.1).

Response. For consistency with specifications for wheelchair turning space in section 304, the Board as removed the requirement prohibiting beds from overlapping this space. Beds can overlap turning space up to six inches where adequate toe clearance (9 inches high minimum) is provided. This change was also made for transient lodging guest rooms and holding and housing cells. The Board has added clarification that toilet and bathing rooms provided as part of a patient or resident sleeping room contain at least one water closet, lavatory, and bathtub or shower (805.4).

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.

807 Holding Cells and Housing Cells

This section provides requirements for cells or rooms required to be accessible in detention or correctional facilities and judicial facilities. Revisions made to this section include:

removing a provision that wheelchair turning space not extend beneath beds (807.2.1)
clarifying fixture requirements in accessible toilet and bathing rooms (807.2.4)
relocating requirements for drinking fountains to the general scoping provision (211.1)
revising requirements for telephone volume controls (807.3.2)

A provision in section 807.2.1 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.

The Board has added clarification that at least one water closet, lavatory, and bathtub or shower, where provided, must be accessible (807.2.4). In addition, a requirement for drinking fountains has been removed (807.2.4 in the proposed rule) due to revisions made to the scoping provisions for drinking fountains in section 211, as discussed above.

Telephones, where provided within cells, must be equipped with volume controls (807.3.2). In the proposed rule, this requirement applied to telephones that are "permanently installed." As discussed above in section 806, the Board has removed this qualifier for consistency with the rest of the document.

A provision in section 807.2.1 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.

Telephones, where provided within cells, must be equipped with volume controls (807.3.2). In the proposed rule, this requirement applied to telephones that are "permanently installed." As discussed above in section 806, the Board has removed this qualifier for consistency with the rest of the document.

The Board has added clarification that at least one water closet, lavatory, and bathtub or shower, where provided, must be accessible (807.2.4). In addition, a requirement for drinking fountains has been removed (807.2.4 in the proposed rule) due to revisions made to the scoping provisions for drinking fountains in section 211, as discussed above.

808 Courtrooms

Section 808 provides requirements for courtrooms. These requirements have been relocated without substantive change from the scoping section for judicial facilities (231).

809 Residential Dwelling Units

The format and structure of these guidelines are designed to encourage an approach to accessibility that is more integrated than that of the original ADAAG. As a result, distinctions between facility types are minimized both in terms of substance and structure. The Board has sought to further this approach and to make the document more internally consistent by folding those remaining chapters specific to a facility type (residential and transportation) into the other chapters which apply to facilities more generally. Section 809 is based on requirements for residential dwelling units contained in Chapter 11 in the proposed rule. Other provisions have been integrated into other chapters as appropriate. In some cases, the Board determined that scoping or technical provisions applicable to facilities generally were sufficient without the addition of language specific to residential facilities. Most of the provisions, including those in section 809, have not been substantively changed. Those that have are discussed at the new location. The following list identifies the new location of the provisions that were contained in Chapter 11:

1101.1 and 1102.1 Scoping, covered by 233
1102.2 Primary Entrance, now at 206.4.6
1102.3 Accessible Route, now at 809.2
1102.4 Walking Surfaces, covered generally by 403
1102.5 Doors and Doorways, now at 206.5.4
1102.6 Ramps, covered generally by 405
1102.7 Private Residence Elevators, now at 206.6 (scoping) and 409 (technical)
1102.8 Platform Lifts, covered generally by 206.7 (scoping) and 410 (technical)
1102.9 Operable Parts, now at 205
1102.10 Washing Machines and Clothes Dryers, covered generally by 214
1102.11 Toilet and Bathing Facilities, now at 809.4 and Chapter 6
1102.12 Kitchens, now at 809.3 and 804
1102.13 Windows, covered generally by 229
1102.14 Storage Facilities, covered generally by 225 (scoping) and 811 (technical)
1103 Dwelling Units with Accessible Communication Features, now at 809.5 and 708.4

Comment. Several commenters expressed concern about these requirements and their relationship to those issued by the Department of Housing and Urban Development under the Fair Housing Act.²⁶ These commenters urged the Board and the Department of Justice to clarify which types of housing facilities are subject to the ADA and to make the requirements consistent with the Fair Housing Accessibility Guidelines.²⁷ Other commenters recommended that the Board reconcile differences with the standards for residential facilities contained in the ANSI A117.1 standard.

Response. This rule updates guidelines used to enforce the design requirements of the ADA and the ABA. While the ADA does not generally cover private residential facilities, its coverage is interpreted as extending to housing owned and operated by State and local governments. Under the ADA, the Department of Justice determines the application of the guidelines to residential facilities. In addition, the ABA, which applies to federally funded facilities, may apply to public housing and other types of residential facilities that are designed, built, or altered with Federal funds. Section 809 serves to update the requirements for dwelling units contained in the current ABA requirements, the Uniform Federal Accessibility Standards (UFAS), while providing new criteria in the ADA guidelines. Both the ADA and ABA establish design requirements for new construction and alterations that ensure full access for persons with disabilities. This mandate is considerably different than that established by the Fair Housing Act, which applies to covered multi-family housing in the private and public sectors. Consequently, the level of access specified by the ADA and ABA guidelines differs from that specified by the Fair Housing Accessibility Guidelines. The requirements proposed by the Board derive from guidelines for residential facilities contained in the ANSI A117.1‒1998 standard. However, in both the proposed and final rule, the Board has found it necessary to deviate from the ANSI A117.1 in limited areas. The Board intends to continue to work with the ANSI A117 Committee to reconcile differences between both documents in this and other areas.

The proposed rule, consistent with the ANSI A117.1‒1998 standard, required all toilet and bathing facilities to comply in accessible dwelling units. The new ANSI standard requires that at least one toilet and bathing facility be accessible. The ANSI Committee adopted this change due to concerns about the impact of full scoping in light of revisions to its technical requirements for toilet and bathrooms. The technical revisions it approved are consistent with those finalized by the Board in this rule making. The Board also had concerns about the application of the proposed requirement to certain types of housing, such as group homes. In the final rule, the Board has revised the provision (809.4) to require access to at least one toilet and bathing facility, consistent with the ANSI A117.1‒2003 standard.

Other comments concerning provisions for residential dwelling units that have been relocated to other sections are discussed at the new location.

²⁶ The Fair Housing Amendments Act of 1988 expanded coverage of Title VII of the Civil Rights Act of 1968 (42 U.S.C. 3601‒3620) to prohibit discriminatory housing practices based on handicap and familial status.

²⁷ 24 CFR part 100

Comment. Several commenters expressed concern about these requirements and their relationship to those issued by the Department of Housing and Urban Development under the Fair Housing Act.²⁶ These commenters urged the Board and the Department of Justice to clarify which types of housing facilities are subject to the ADA and to make the requirements consistent with the Fair Housing Accessibility Guidelines.²⁷ Other commenters recommended that the Board reconcile differences with the standards for residential facilities contained in the ANSI A117.1 standard.

Response. This rule updates guidelines used to enforce the design requirements of the ADA and the ABA. While the ADA does not generally cover private residential facilities, its coverage is interpreted as extending to housing owned and operated by State and local governments. Under the ADA, the Department of Justice determines the application of the guidelines to residential facilities. In addition, the ABA, which applies to federally funded facilities, may apply to public housing and other types of residential facilities that are designed, built, or altered with Federal funds. Section 809 serves to update the requirements for dwelling units contained in the current ABA requirements, the Uniform Federal Accessibility Standards (UFAS), while providing new criteria in the ADA guidelines. Both the ADA and ABA establish design requirements for new construction and alterations that ensure full access for persons with disabilities. This mandate is considerably different than that established by the Fair Housing Act, which applies to covered multi-family housing in the private and public sectors. Consequently, the level of access specified by the ADA and ABA guidelines differs from that specified by the Fair Housing Accessibility Guidelines. The requirements proposed by the Board derive from guidelines for residential facilities contained in the ANSI A117.1‒1998 standard. However, in both the proposed and final rule, the Board has found it necessary to deviate from the ANSI A117.1 in limited areas. The Board intends to continue to work with the ANSI A117 Committee to reconcile differences between both documents in this and other areas.

The proposed rule, consistent with the ANSI A117.1‒1998 standard, required all toilet and bathing facilities to comply in accessible dwelling units. The new ANSI standard requires that at least one toilet and bathing facility be accessible. The ANSI Committee adopted this change due to concerns about the impact of full scoping in light of revisions to its technical requirements for toilet and bathrooms. The technical revisions it approved are consistent with those finalized by the Board in this rule making. The Board also had concerns about the application of the proposed requirement to certain types of housing, such as group homes. In the final rule, the Board has revised the provision (809.4) to require access to at least one toilet and bathing facility, consistent with the ANSI A117.1‒2003 standard.

Other comments concerning provisions for residential dwelling units that have been relocated to other sections are discussed at the new location.

²⁶ The Fair Housing Amendments Act of 1988 expanded coverage of Title VII of the Civil Rights Act of 1968 (42 U.S.C. 3601‒3620) to prohibit discriminatory housing practices based on handicap and familial status.

²⁷ 24 CFR part 100

810 Transportation Facilities

In the final rule, provisions in Chapter 10 for transportation facilities have been integrated into other chapters. Most of these requirements are now located in section 810, but some provisions have been integrated into other sections:

1001.1 Scope, now at 218
1002.1 through 1002.4, Bus Stops and Terminals, located at 810.2 through 810.4
1002.5 Bus Stop Siting, now at 209
1003.1 Facilities and Stations, now at 218
1003.2 New Construction, now at 218
1003.2.1 Station Entrances, now at 206.4.4
1003.2.2 Signs, now at 810.6
1003.2.3 Fare Machines and Gates, covered generally by 220 (Fare Machines) and 206.5 (Gates)
1003.2.4 Detectable Warnings, now at 810.5
1003.2.5 Rail-to-Platform Height, now at 810.5
1003.2.6 TTYs, now at 217.4.7
1003.2.7 Track Crossings, now at 810.10
1003.2.8 Public Address Systems, now at 810.7
1003.2.9 Clocks, now at 810.8
1003.2.10 Escalators, now at 810.9
1003.2.11 Direct Connections, now at 206.4.4
1003.3 Existing Facilities, now at 218
1003.3.1 Accessible Route, covered generally by 206 (Accessible Routes) and by 810.9 (Escalators
1003.3.2 Rail-to-Platform Height, now at 810.5
1003.3.3 Direct Connections, now at 206.4
1004.2 TTYs (in airports), now at 217.4.7
1004.3 Terminal Information Systems (in airports), now at 810.7
1004.4 Clocks (in airports), now at 810.8

Section 810 provides requirements for bus boarding and alighting areas (810.2), bus shelters (810.3), and bus signs (810.4). Revisions address:

bus boarding and alighting areas, including specified dimensions (810.2.2)clarification of requirements for bus shelters (810.3)

Comment. Specifications in 810.2 for bus stops applied to "bus stop pads" in the proposed rule. Comments noted that this reference has been misinterpreted as applying to the vehicle space for buses which are sometimes provided with concrete pads, instead of to adjacent boarding areas.

Response. For clarity, the Board has applied requirements to "bus stop boarding and alighting areas" instead of to "bus stop pads."

Comment. Bus stop boarding and alighting areas are required to be at least 96 inches long and 60 inches wide. The proposed rule specified that these dimensions were required to "the maximum extent allowed by legal or site constraints" (1002.2.2). Comments considered this language unclear or unnecessary.

Response. The reference to legal or site constraints was intended to cover existing conditions that would effectively preclude sizing boarding and alighting areas to the minimum dimensions specified, such as narrow sidewalks. The Board has removed this language in section 810.2.2 in favor of a general scoping provision for alterations (202.3) which recognizes instances where compliance is not technically feasible. In such cases, compliance is required to the maximum extent feasible.

Section 810.3 addresses bus shelters, which are required to provide wheelchair space. The Board has included clarification that this space be located "entirely within the shelter" so that persons occupying the space can be adequately sheltered from the elements.

Requirements for rail stations and airports are provided in sections 810.5 through 810.10. Most of these provisions apply specifically to rail stations, but some are applicable to airports as well, such as requirements for public address systems (810.7) and clocks (810.8). Revisions made to these provisions address:

rail platforms (810.5)rail station signs (810.6)public address systems (810.7)escalators (810.9)track crossings (810.10)

Comment. Commenters advised that the specifications should address platforms for light rail vehicles which should be allowed to conform to the grade of the street.

Response. The Board has explicitly specified that rail platforms shall slope no more than 1:48 in any direction, consistent with cross slope provisions for walking surfaces in section 403. An exception has been added for platforms at existing tracks or tracks laid in existing roadways (810.5.1). Such platforms are permitted to have a slope parallel to the track that is equal to the slope (grade) of the roadway or existing track.

Rail platform requirements include specifications for detectable warnings along platform boarding edges not protected by screens or guards (810.5.2). The Board has added clarification that detectable warnings be provided "along the full length of the public use area of the platform."

The proposed rule, consistent with the original ADAAG, provided specifications for the coordination of vehicles and platforms, including maximum changes in level (plus or minus e inch) and horizontal gaps (3 inches for rail vehicles, 1 inch for automated guideway systems). Alternate specifications were provided for existing vehicles and stations. These requirements are paralleled in the Board’s ADA Accessibility Guidelines for Transportation Vehicles.²⁸ For simplicity, the Board has replaced requirements in section 810.5 with references to these specifications as contained in the guidelines for transportation vehicles (810.5.3). This revision does not substantively change the requirements for the coordination of platforms and vehicle floors.

Comment. The referenced vehicle guidelines (like those of the proposed rule) permit the use of mini high platforms, car-borne or platform-mounted lifts, ramps or bridge plates, or manually deployed devices where it is not operationally or structurally feasible to meet the specified changes in level or horizontal gaps. In the case of commuter and intercity rail systems, this is often due to track that is also used by freight trains because the passage of oversized freight precludes a high level platform. The American Railway Engineering and Maintenance of Way Association had previously recommended a new platform height of 8 inches above top of rail. This height allows for freight passage while reducing the height of the first step of a rail car above the platform. Often a portable step stool is used to make up the height difference between a lower platform and the first step. Negotiating such a step can be difficult for ambulatory passengers, especially since handrails are usually not available. Also, requiring the 8 inch height would reduce the vertical travel distance for a lift. The Board sought comment on whether new platforms for commuter or intercity rail stations should have a height of 8 inches above top of rail (Question 47). Most comments supported such a requirement.

Response. The Board had added a requirement that low level platforms be at least 8 inches above top of rail (810.5.3). An exception intended for light rail systems allows a height below 8 inches where vehicles are boarded from sidewalks or at street level.

Comment. Section 810.6 addresses requirements for station signage, including signs at entrances, route and destination signs, and station names. These provisions reference requirements for tactile and visual characteristics in section 703. Commenters urged the Board to recognize audible signs as an alternative to tactile signs since they can provide equal or greater access to information.

Response. The Board has added an exception under which entrance, route, and destination signs do not have to comply with visual and tactile specifications where certain audible sign technologies are provided. The exception specifically recognizes those technologies that involve hand-held receivers, activation by users, or detection of people in proximity to the sign.

Comment. Requirements for route and destination signs are subject to specifications for visual signs in section 703, including character height (810.6.2). The proposed rule allowed certain signs to have a 3 inch minimum height where space is limited and a 1 ½ inch height for characters on signs not essential to the use of the transit system (1003.2.2.3, Exception). Comments pointed out that this exception should allow characters to be less than 3 inches high for consistency with the character heights specified for signs generally in section 703.

Response. The Board has corrected this exception so that characters are not required to be more than 3 inches high where sign space is limited. This would apply to conditions where signs are more than 10 feet above the ground or floor and the viewing distance is 21 feet or more (the only types of signs required by section 703.5 to have characters more than 3 inches high). The Board has removed as unnecessary the exception for signs not essential to the use of the transit system, such as exit street names.

Section 810.7 covers public address systems in rail stations and airports. The proposed rule required that where public address systems are provided to convey information to the public, a means of conveying the same or equivalent information to persons who are deaf or hard of hearing be provided. The Board has simplified this provision so that it requires "the same or equivalent information ... in a visual format."

Comment. In the proposed rule, the Board sought information for its use in future rule making to update the Board’s transportation vehicle guidelines. Specifically, the Board requested information on technologies for providing train announcements, including station announcements and emergency announcements, in a visual format so that this information is conveyed to people who are deaf or hard of hearing (Question 46). Recommendations included use of message boards for verbal announcements and visual signals, such as a flashing light, or audible signals such as bells and chimes. Some commenters recommended that this issue be revisited in rule making specific to the vehicle guidelines.

Response. The Board intends to further explore this issue during rule making to update its accessibility guidelines for transportation vehicles.

Comment. Escalators must have a clear width of 32 inches minimum (810.9). The original ADAAG contained a requirement that at least two contiguous treads be level beyond the comb plate at the top and bottom before risers begin to form (ADAAG 10.3.1(16)). It also required color contrast on treads. Both provisions were removed in the proposed rule as recommended by the advisory committee, which questioned the need for such criteria in guidelines for accessibility. Comments requested that these specifications be restored for greater access. Commenters noted that the required color contrast benefits persons with low vision.

Response. In the final rule, the Board has added a reference to relevant provisions in the ASME A17.1 Safety Code for Elevators and Escalators instead of providing its own specification (810.9). This will ensure consistency with the safety code. The ASME code requires steps to be demarcated by yellow lines 2 inches wide maximum along the back and sides of steps (ASME A17.1, section 6.1.3.5.6). It also requires at least two flat steps and no more than four flat steps at the entrance and exit of every escalator (ASME A17.1, section 6.1.3.6.5). Consistent with the original ADAAG, an exception from these requirements is provided for existing escalators in key stations (810.9, Exception).

Section 810.10 addresses track crossings at transportation facilities. The proposed rule required route surfaces to be level with the rail top, but permitted a 2 ½ inch gap at the inner edge of rails to accommodate wheel flanges (1003.2.7). Where this gap is not practicable, an above-grade or below grade accessible route was specified. In the final rule, the Board has simplified this provision by applying specifications for accessible routes. An exception preserves the permitted 2 ½ inch gap for wheel flanges.

²⁸36 CFR part 1192