Title III Technical Assistance Manual (with 1994 supplement)

III-7.3000 Accessible elements and spaces: Scoping and technical requirements

III−7.3100 Application (ADAAG §4.1.1(1)). ADAAG applies to all areas in new construction and alterations, except where limited by scoping requirements.

III−7.3110 Work areas (ADAAG §4.1.1(3)). Access to work areas, but not to individual work stations, is required. The requirement for work areas is that they be designed so that individuals with disabilities can approach, enter, and exit the areas.

Neither maneuvering within the work area nor accessible racks and shelves are required. It is recommended, however, that when there are identical work stations, five percent, but not less than one, should be constructed so that an individual with disabilities can maneuver within the work stations. This will facilitate reasonable accommodation that may later be required under title I for particular employees. There are no requirements concerning placement of fixtures and equipment.

What about areas such as hotel rooms that are work areas for cleaning people? Are they considered "work areas" subject to the limited requirements for approach, enter, and exit? No. The "work area" limited exception applies only to areas used exclusively by employees as work areas. Because the hotel room is also used by customers for sleeping, it is not a work area subject to the limited exemption.

What is included in the term "work area"? Does it include employee lounges, restrooms, cafeterias, health units, and exercise facilities? No. These common use areas are not considered work areas, and they must be constructed or altered in full compliance with ADAAG.

What if an owner of a building believes that an individual who uses a wheelchair could never do the kind of job that will be performed in the particular area? Does the area still have to be made accessible? Yes. The ADA does not permit such assumptions to be made about the capabilities of individuals with disabilities. Unless the area is exempt from accessibility requirements (see III−7.3130), it must be designed so that individuals with disabilities can approach, enter, and exit the area. Even if an individual with a certain type of disability would not be qualified for a particular job, access must be provided for other individuals with disabilities such as, for example, supervisors, maintenance workers, volunteers, or inspectors, who may need to approach, enter, and exit the work area.

Does the work area exemption apply only to areas that can be characterized as individual work stations, such as cubicles, counters, offices, or booths? Or does it also apply to larger work spaces, such as restaurant kitchens, factory production areas, and warehouse space? It applies to the larger spaces as well. Thus, the requirement for a restaurant kitchen, a factory production area, or warehouse space, is that it be constructed so that an individual with a disability can approach, enter, or exit the area. However, alterations within those work areas need not be done accessibly, because that interior area is not covered by ADAAG. On the other hand, if alterations are made in such work areas, the path of travel requirements will be triggered because those work areas are primary function areas (see III−6.2000).

Does this mean that there can no longer be raised platforms for grocery managers or pharmacists?

If a raised platform for a grocery manager station or area for pharmacists is an "observation galler[y] used primarily for security purposes," it is one of the types of facilities that is totally exempt from any accessibility requirements (see III−7.3130) (although title I may later require a lift as a reasonable accommodation for a particular employee). Otherwise, the general ADAAG work area requirements apply, and an individual with disabilities must be able to approach, enter, and exit the area. This means that, if there is a change in level of over 1/2", a ramp or lift must be provided to the raised area. Note, however, that in many instances a raised platform is surrounded by another work area, such as a service counter. The work area accessibility requirement would be satisfied as long as that outer area could be approached, entered, and exited.

What if the raised area is a mezzanine (i.e. , an actual floor level) used, for example, as an employee lounge area? In this case, whether there needs to be an elevator to the mezzanine depends upon whether the elevator exemption applies. If an elevator is not required (because, for example, the building is under three stories and is not a shopping center or other exempt facility), then access need not be provided to that mezzanine. Likewise, access to the mezzanine need not be provided in one-story buildings. However, if an elevator is required (because the facility is a shopping center, for example), then there will need to be access to the mezzanine.

ILLUSTRATION: A two-story grocery store is located next to a bakery and a card store. The grocery store has a mezzanine that is used as an employee lounge area. The lounge area can be built without a ramp or elevator, because the facility is subject to the elevator exemption. (It is not a shopping center because it does not have five stores in it.) Given that inaccessible floors are permitted, inaccessible mezzanines are also allowed.

BUT: If the grocery store were located in a complex with four other sales or rental establishments, it would be a "shopping center. " As such, it would not be entitled to the elevator exemption and the employees' lounge on the mezzanine would have to be made fully accessible, either by ramp or elevator.

III−7.3120 Temporary structures (ADAAG §4.1.1(4)). Temporary buildings that are extensively used or are essential for public use are covered. However, structures, sites, and equipment directly associated with major construction are not covered.

III−7.3130 General exceptions (ADAAG §4.1.1(5)). Accessibility is not required to --

1) Observation galleries used primarily for security purposes; or

2) Nonoccupiable spaces accessed only by ladders, crawl spaces, very narrow passageways, or freight (nonpassenger) elevators, and frequented only by service personnel for repair purposes. This includes elevator pits, elevator penthouses, piping or equipment catwalks, cooling towers, and utility tunnels.

What about mechanical rooms or closets not accessed by ladders or narrow passageways? They are not exempt. However, they are work areas subject to the limited exemption discussed above. In addition, mechanical rooms are exempt from the elevator requirement (§4.1.3(5), Exception 2).