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

Multiple Chemical Sensitivities and Electromagnetic Sensitivities

The Board received approximately 600 comments from individuals with multiple chemical sensitivities and electromagnetic sensitivities. They reported that chemicals released from products and materials used in the construction, alteration, and maintenance of buildings; electromagnetic fields; and inadequate ventilation are barriers that deny them access to buildings. They requested the Board to include provisions in this final rule to make the indoor environment accessible to them.

The Board recognizes that multiple chemical sensitivities and electromagnetic sensitivities may be considered disabilities under the ADA if they so severely impair the neurological, respiratory, or other functions of an individual that it substantially limits one or more of the individual's major life activities. The Board plans to closely examine the needs of this population, and undertake activities that address accessibility issues for these individuals.

The Board plans to develop technical assistance materials on best practices for accommodating individuals with multiple chemical sensitivities and electromagnetic sensitivities. The Board also is sponsoring a project on indoor environmental quality. In this project, the Board is bringing together building owners, architects, building product manufacturers, model code and standard-setting organizations, individuals with multiple chemical sensitivities and electromagnetic sensitivities, and other individuals. This group will examine building design and construction issues that affect the indoor environment, and develop an action plan that can be used to reduce the level of chemicals and electromagnetic fields in the built environment.

Neither the proposed rule nor the draft final rule included provisions for multiple chemical sensitivities or electromagnetic sensitivities. The Board believes that these issues require a thorough examination and public review before they are addressed through rulemaking. The Board does not address these issues in this final rule.