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

Chapter 9: Built-In Elements

Chapter 9 covers built-in elements, including dining surfaces and work surfaces (902), benches (903), and sales and service counters (904). Changes made to this section include:

• clarification of provisions for benches concerning clear floor or ground space (903.2), back support (903.4), and height (903.5)

• addition of a requirement for check writing surfaces at check-out aisles (904.3.3)

• clarification of requirements for accessible sales and service counters that are less than 36 inches long (904.4.1)

• revision of requirements for communication devices where security glazing is provided (904.6)

• relocation of provisions for storage from section 905 to Chapter 8 (811)

902 Dining Surfaces and Work Surfaces

Section 902 provides specifications for seating at dining and work surfaces. Clear floor space is required for a forward approach (902.2), and a surface height of 28 to 34 inches is specified (902.3). Alternate specifications for surfaces designed for children’s use are also provided (902.4).

Comment. Commenters expressed concern about use of the terms "dining surfaces" and "work surfaces" and urged the Board to include definitions of the terms in the final rule. Comments considered the term "dining surfaces" insufficient in covering bars where only drinks are consumed. Questions were also raised about the term "work surfaces" which some commenters thought might be misconstrued as applying only to surfaces in employee work areas. Some commenters considered the term too limiting and questioned whether it would apply, as they felt it should, to surfaces used for purposes not necessarily considered "work," such as counters that support credit card readers or video games. These comments urged the requirement to be modified to apply to all built-in tables and counters used by the public for any purpose.

Response. The Board has clarified the application of this section by revising scoping provisions for accessible dining and work surfaces, as discussed above in section 226. The term dining surface has been clarified as applying to those dining surfaces used "for the consumption of food or drink" (226.1). In addition, the Board has indicated in the ADA scoping provisions that the types of work surfaces covered do not include those surfaces used by employees since elements of work stations subject to the ADA are not required to comply with these guidelines (226.1). A similar clarification is not provided in ABA scoping provisions since work stations covered by the ABA are fully subject to the guidelines.

Comment. Persons with disabilities considered the 34 inch maximum height too high for surfaces used for any length of time. These commenters recommended that where only a portion of counters are made accessible, the accessible height should be 31 inches maximum. Some commenters also recommended a higher minimum height of 29 inches instead of 28 inches to allow a more comfortable knee clearance.

Response. The Board has not revised the specified height for dining and work surfaces or the minimum clearances for knee and toe space required below since it believes further research is needed on these long-standing specifications, particularly in relation to people who use scooters and other powered mobility aids. Research on powered mobility aids the Board is currently sponsoring through the Rehabilitation Engineering Research Center on Universal Design will provide information on various fundamental specifications the Board may use in future updates of the guidelines.

Comment. Persons with disabilities considered the 34 inch maximum height too high for surfaces used for any length of time. These commenters recommended that where only a portion of counters are made accessible, the accessible height should be 31 inches maximum. Some commenters also recommended a higher minimum height of 29 inches instead of 28 inches to allow a more comfortable knee clearance.

Response. The Board has not revised the specified height for dining and work surfaces or the minimum clearances for knee and toe space required below since it believes further research is needed on these long-standing specifications, particularly in relation to people who use scooters and other powered mobility aids. Research on powered mobility aids the Board is currently sponsoring through the Rehabilitation Engineering Research Center on Universal Design will provide information on various fundamental specifications the Board may use in future updates of the guidelines.

Comment. Commenters expressed concern about use of the terms "dining surfaces" and "work surfaces" and urged the Board to include definitions of the terms in the final rule. Comments considered the term "dining surfaces" insufficient in covering bars where only drinks are consumed. Questions were also raised about the term "work surfaces" which some commenters thought might be misconstrued as applying only to surfaces in employee work areas. Some commenters considered the term too limiting and questioned whether it would apply, as they felt it should, to surfaces used forpurposes not necessarily considered "work," such as counters that support credit card readers or video games. These comments urged the requirement to be modified to apply to all built-in tables and counters used by the public for any purpose.

Response. The Board has clarified the application of this section by revising scoping provisions for accessible dining and work surfaces, as discussed above in section 226. The term dining surface has been clarified as applying to those dining surfaces used "for the consumption of food or drink" (226.1). In addition, the Board has indicated in the ADA scoping provisions that the types of work surfaces covered do not include those surfaces used by employees since elements of work stations subject to the ADA are not required to comply with these guidelines (226.1). A similar clarification is not provided in ABA scoping provisions since work stations covered by the ABA are fully subject to the guidelines.

903 Benches

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

904 Sales and Service Counters

This section covers the approach to counters (904.2), check-out aisles (904.3), sales and service counters (904.4), food service lines (904.5), and security glazing (904.6).

Comment. Specifications are provided for the counter surface height of check-out aisles, including the height of counter edge protection, which is limited to 2 inches above the counter surface (904.3.2). Commenters requested that clarification be added that the edge protection height limitation applies only to the aisle of the check-out counter.

Response. The Board has added clarification that the specified height for edge protection at check-out aisle counters applies to the aisle side of the counter (904.3.2).

Comment. The counter surface of check-out aisle counters is required to be 38 inches high maximum. Comments from persons with disabilities considered 38 inches to be too high.

Response. The Board has clarified requirements for check-out aisles by adding a provision specific to check-writing surfaces (904.3.3). Under this requirement, the height of check-writing surfaces, where provided, is to comply with the height of work surfaces addressed in section 902.3 (34 inches maximum), consistent with the Board’s intent in the proposed rule.

Comment. Accessible sales or services counters, or portions of them, must be no higher than 36 inches where either a parallel or forward approach is provided (904.4). Comments from persons with disabilities considered this too high to be used as a writing surface. Where only a portion of a counter is made accessible, these commenters advised that the maximum height should be 32 inches. Comments from the retail industry advised that a higher surface height is needed to accommodate various types of counters, such as glass display cases, which are typically manufactured at a height of 38 inches.

Response. The Board has retained the specified height of 36 inches for sales and service counters, which is consistent with the original ADAAG, to accommodate both persons who use wheelchairs and those that do not. Even where only a portion of the counter is accessible, in some cases that portion may serve as the transaction area for all customers. In the final rule, the Board has clarified that the accessible portion of counters must extend the full depth of the counter (904.4.1 and 904.4.2), consistent with the new ANSI A117.1 standard. Where a parallel approach is provided, the accessible portion must be at least 36 inches long. The Board has added an exception that where a provided counter surface is less than 36 inches long, the entire surface shall be accessible to clarify that in such cases the counter does not have to be lengthened (904.4.1, Exception). Section 904.6 requires that where counter or teller windows have security glazing to separate personnel from the public, at least one of each type must provide a method to facilitate voice communication.

Comment. The proposed rule referenced examples of acceptable methods (grilles, slats, talk-through baffles, intercoms, and telephone handset devices) and required access both for persons who use wheelchairs and for persons who may have difficulty bending or stooping. Commenters indicated that access for persons who have difficulty bending or stooping is unclear absent specific technical criteria. Such criteria should be provided or the requirement removed according to these comments. In addition, it was recommended that the requirement for volume control for "hand-operable communication devices" be revised for clarity as applying to telephone handset devices.

Response. The requirement that methods to facilitate voice communication be accessible both to persons who use wheelchairs and to persons who may have difficulty bending or stooping has been removed in the final rule (904.6). The Board has also clarified that the requirement for volume controls applies to telephone handset devices, where provided. In addition, the Board has relocated information concerning acceptable types of communication methods to the corresponding advisory note which is a more appropriate location for this kind of information.

Comment. The proposed rule referenced examples of acceptable methods (grilles, slats, talk-through baffles, intercoms, and telephone handset devices) and required access both for persons who use wheelchairs and for persons who may have difficulty bending or stooping. Commenters indicated that access for persons who have difficulty bending or stooping is unclear absent specific technical criteria. Such criteria should be provided or the requirement removed according to these comments. In addition, it was recommended that the requirement for volume control for "hand-operable communication devices" be revised for clarity as applying to telephone handset devices.

Response. The requirement that methods to facilitate voice communication be accessible both to persons who use wheelchairs and to persons who may have difficulty bending or stooping has been removed in the final rule (904.6). The Board has also clarified that the requirement for volume controls applies to telephone handset devices, where provided. In addition, the Board has relocated information concerning acceptable types of communication methods to the corresponding advisory note which is a more appropriate location for this kind of information.

Comment. Specifications are provided for the counter surface height of check-out aisles, including the height of counter edge protection, which is limited to 2 inches above the counter surface (904.3.2). Commenters requested that clarification be added that the edge protection height limitation applies only to the aisle of the check-out counter.

Response. The Board has added clarification that the specified height for edge protection at check-out aisle counters applies to the aisle side of the counter (904.3.2).

Comment. Accessible sales or services counters, or portions of them, must be no higher than 36 inches where either a parallel or forward approach is provided (904.4). Comments from persons with disabilities considered this too high to be used as a writing surface. Where only a portion of a counter is made accessible, these commenters advised that the maximum height should be 32 inches. Comments from the retail industry advised that a higher surface height is needed to accommodate various types of counters, such as glass display cases, which are typically manufactured at a height of 38 inches.

Response. The Board has retained the specified height of 36 inches for sales and service counters, which is consistent with the original ADAAG, to accommodate both persons who use wheelchairs and those that do not. Even where only a portion of the counter is accessible, in some cases that portion may serve as the transaction area for all customers. In the final rule, the Board has clarified that the accessible portion of counters must extend the full depth of the counter (904.4.1 and 904.4.2), consistent with the new ANSI A117.1 standard. Where a parallel approach is provided, the accessible portion must be at least 36 inches long. The Board has added an exception that where a provided counter surface is less than 36 inches long, the entire surface shall be accessible to clarify that in such cases the counter does not have to be lengthened (904.4.1, Exception). Section 904.6 requires that where counter or teller windows have security glazing to separate personnel from the public, at least one of each type must provide a method to facilitate voice communication.

Comment. The counter surface of check-out aisle counters is required to be 38 inches high maximum. Comments from persons with disabilities considered 38 inches to be too high.

Response. The Board has clarified requirements for check-out aisles by adding a provision specific to check-writing surfaces (904.3.3). Under this requirement, the height of check-writing surfaces, where provided, is to comply with the height of work surfaces addressed in section 902.3 (34 inches maximum), consistent with the Board’s intent in the proposed rule.