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

Organization and Format

Most commenters supported the new organizational structure of the guidelines and found it to be clearer and easier to use than the original ADAAG. Several suggested that the final rule contain a subject index, that pages not be numbered separately for each part of the rule, and that a table of contents be provided for advisory material and figures listing the figure with section number, the title of the figure, and page number where it is located. Several commenters recommended that there be one table of contents at the beginning of the document rather than separate tables of contents for each part of the rule. There was support for placing advisory material near the provision it discusses but commenters recommended even greater distinction of their non-legal, non-binding status since the advisory notes stand out more than the requirements. Commenters also recommended that figures should have titles and numbers and be clearly linked to the text. A few commenters recommended that advisory information be adopted as enforceable language or be deleted.

The Board has revised the format and structure of the guidelines in response to these comments. The final rule includes a subject index to facilitate use of the document. In the proposed rule, the ADA and ABA scoping documents and the technical section were paginated separately; in the final rule, the pages are numbered consecutively through the entire document. In addition, the Board has simplified the table of contents structure, provided titles for figures, and reformatted advisory notes so that they appear subordinate to the requirements they discuss. Advisory notes are provided for informational purposes only and are not mandatory. Throughout the final rule, advisory notes have been added or revised based on comments or revisions to text requirements. In most cases, advisory notes clarify the meaning of a requirement or provide recommendations for good practice.

Some commenters felt that the Board should reference other codes and standards for greater consistency with the model building codes and that more cross references should be made to other codes and standards. In the final rule, the Board has added references to other codes and standards to enhance consistency with model building codes and standards. Scoping and technical requirements for accessible means of egress have been replaced with a reference to corresponding requirements in the International Building Code (IBC), as further discussed below in the Section-by-Section Analysis under section 207. Criteria for fire alarm systems have been replaced by a reference to the National Fire Protection Association (NFPA) standard upon which they were based, as discussed below in section 702.