PART 36 -- NONDISCRIMINATION ON THE BASIS OF
DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
Subpart A -- General
Sec.
36.101 Purpose.
36.102 Application.
36.103 Relationship to other laws.
36.104 Definitions.
36.105 -- 36.199 [Reserved]
Subpart B -- General Requirements
36.201 General.
36.202 Activities.
36.203 Integrated settings.
36.204 Administrative methods.
36.205 Association.
36.206 Retaliation or coercion.
36.207 Places of public accommodations located in private residences.
36.208 Direct threat.
36.209 Illegal use of drugs.
36.210 Smoking.
36.211 Maintenance of accessible features.
36.212 Insurance.
36.213 Relationship of subpart B to subparts C and D of this part.
36.214 -- 36.299 [Reserved]
Subpart C -- Specific Requirements
36.301 Eligibility criteria.
36.302 Modifications in policies, practices, or procedures.
36.303 Auxiliary aids and services.
36.304 Removal of barriers.
36.305 Alternatives to barrier removal.
36.306 Personal devices and services.
36.307 Accessible or special goods.
36.308 Seating in assembly areas.
36.309 Examinations and courses.
36.310 Transportation provided by public accommodations.
36.311 -- 36.399 [Reserved]
Subpart D -- New Construction and Alterations
36.401 New construction.
36.402 Alterations.
36.403 Alterations: Path of travel.
36.404 Alterations: Elevator exemption.
36.405 Alterations: Historic preservation.
36.406 Standards for new construction and alterations.
36.407 Temporary suspension of certain detectable warning requirements.
36.408 -- 36.499 [Reserved]
Subpart E -- Enforcement
36.501 Private suits.
36.502 Investigations and compliance reviews.
36.503 Suit by the Attorney General.
36.504 Relief.
36.505 Attorneys fees.
36.506 Alternative means of dispute resolution.
36.507 Effect of unavailability of technical assistance.
36.508 Effective date.
36.509 -- 36.599 [Reserved]
Subpart F -- Certification of State Laws or
Local Building Codes
36.601 Definitions.
36.602 General rule.
36.603 Filing a request for certification.
36.604 Preliminary determination.
36.605 Procedure following preliminary determination of equivalency.
36.606 Procedure following preliminary denial of certification.
36.607 Effect of certification.
36.608 Guidance concerning model codes.
Appendix A to Part 36 -- Standards for Accessible
Design
Appendix B to Part 36 -- Preamble to Regulation
on Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities (Published July 26, 1991)
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510;
42 U.S.C. 12186(b).
Source: Order No. 1513 - 91, 56 FR 35592,
July 26, 1991, unless otherwise noted.
Subpart A -- General
Sec.36.101 Purpose.
The purpose of this part is to implement title
III of the Americans with Disabilities Act of 1990 (42 U.S.C.
12181), which prohibits discrimination on the basis of disability
by public accommodations and requires places of public accommodation
and commercial facilities to be designed, constructed, and altered
in compliance with the accessibility standards established by
this part.
Sec.36.102 Application.
(a) General. This part applies to any --
(1) Public accommodation;
(2) Commercial facility; or
(3) Private entity that offers examinations
or courses related to applications, licensing, certification,
or credentialing for secondary or postsecondary education, professional,
or trade purposes.
(b) Public accommodations. (1) The requirements
of this part applicable to public accommodations are set forth
insubparts B, C, and D of this part.
(2) The requirements of subparts B and C of
this part obligate a public accommodation only with respect to
the operations of a place of public accommodation.
(3) The requirements of subpart D of this
part obligate a public accommodation only with respect to --
(i) A facility used as, or designed or constructed
for use as, a place of public accommodation; or
(ii) A facility used as, or designed and constructed
for use as, a commercial facility.
(c) Commercial facilities. The requirements
of this part applicable to commercial facilities are set forth
in subpart D of this part.
(d) Examinations and courses. The requirements
of this part applicable to private entities that offer examinations
or courses as specified in paragraph (a) of this section are set
forth in Sec.36.309.
(e) Exemptions and exclusions. This part does
not apply to any private club (except to the extent that the facilities
of the private club are made available to customers or patrons
of a place of public accommodation), or to any religious entity
or public entity.
Sec.36.103 Relationship to other laws.
(a) Rule of interpretation. Except as otherwise
provided in this part, this part shall not be construed to apply
a lesser standard than the standards applied under title V of
the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations
issued by Federal agencies pursuant to that title.
(b) Section 504. This part does not affect
theobligations of a recipient of Federal financial assistance
to comply with the requirements of section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) and regulations issued by Federal
agencies implementing section 504.
(c) Other laws. This part does not invalidate
or limit the remedies, rights, and procedures of any other Federal
laws, or State or local laws (including State common law) that
provide greater or equal protection for the rights of individuals
with disabilities or individuals associated with them.
Sec.36.104 Definitions.
For purposes of this part, the term --
Act means the Americans with Disabilities
Act of 1990 (Pub. L. 101 - 336, 104 Stat. 327, 42 U.S.C. 12101
- 12213 and 47 U.S.C. 225 and 611).
Commerce means travel, trade, traffic, commerce,
transportation, or communication --
(1) Among the several States;
(2) Between any foreign country or any territory
or possession and any State; or
(3) Between points in the same State but through
another State or foreign country.
Commercial facilities means facilities --
(1) Whose operations will affect commerce;
(2) That are intended for nonresidential use
by a private entity; and
(3) That are not --
(i) Facilities that are covered or expressly
exempted from coverage under the Fair Housing Act of 1968, as
amended (42 U.S.C. 3601 - 3631);
(ii) Aircraft; or
(iii) Railroad locomotives, railroad freight
cars, railroad cabooses, commuter or intercity passenger rail
cars (including coaches, dining cars, sleeping cars, lounge cars,
and food service cars), any other railroad cars described in section
242 of the Act or covered under title II of the Act, or railroad
rights-of-way. For purposes of this definition, ``rail'' and ``railroad''
have the meaning given the term ``railroad'' in section 202(e)
of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).
Current illegal use of drugs means illegal
use of drugs that occurred recently enough to justify a reasonable
belief that a person's drug use is current or that continuing
use is a real and ongoing problem.
Disability means, with respect to an individual,
a physical or mental impairment that substantially limits one
or more of the major life activities of such individual; a record
of such an impairment; or being regarded as having such animpairment.
(1) The phrase physical or mental impairment
means --
(i) Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more
of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular;
reproductive; digestive; genitourinary; hemic and lymphatic; skin;
and endocrine;
(ii) Any mental or psychological disorder
such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities;
(iii) The phrase physical or mental impairment
includes, but is not limited to, such contagious and noncontagious
diseases and conditions as orthopedic, visual, speech, and hearing
impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, mental retardation,
emotional illness, specific learning disabilities, HIV disease
(whether symptomatic or asymptomatic), tuberculosis, drug addiction,
and alcoholism;
(iv) The phrase physical or mental impairment
does not include homosexuality or bisexuality.
(2) The phrase major life activities means
functions such as caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment
means has a history of, or has been misclassified as having, a
mental or physical impairment that substantially limits one or
more major life activities.
(4) The phrase is regarded as having an impairment
means --
(i) Has a physical or mental impairment that
does not substantially limit major life activities but that is
treated by a private entity as constituting such a limitation;
(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(iii) Has none of the impairments defined
in paragraph (1) of this definition but is treated by a private
entity as having such an impairment.
(5) The term disability does not include --
(i) Transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments, or other sexual behavior disorders;
(ii) Compulsive gambling, kleptomania, or
pyromania; or
(iii) Psychoactive substance use disorders
resulting from current illegal use of drugs.
Drug means a controlled substance, as defined
in schedules I through V of section 202 of the Controlled Substances
Act (21 U.S.C. 812).
Facility means all or any portion of buildings,
structures, sites, complexes, equipment, rolling stock or other
conveyances, roads, walks, passageways, parking lots, or other
real or personal property, including the site where the building,
property, structure, or equipment is located.
Illegal use of drugs means the use of one
or more drugs, the possession or distribution of which is unlawful
under the Controlled Substances Act (21 U.S.C. 812). The term
``illegal use of drugs'' does not include the use of a drug taken
under supervision by a licensed health care professional, or other
uses authorized by the Controlled Substances Act or other provisions
of Federal law.
Individual with a disability means a person
who has a disability. The term ``individual with a disability''
does not include an individual who is currently engaging in the
illegal use of drugs, when the private entity acts on the basis
of such use.
Place of public accommodation means a facility,
operated by a private entity, whose operations affect commerce
and fall within at least one of the following categories --
(1) An inn, hotel, motel, or other place of
lodging, except for an establishment located within a building
that contains not more than five rooms for rent or hire and that
is actually occupied by the proprietor of the establishment as
the residence of the proprietor;
(2) A restaurant, bar, or other establishment
serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture
hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store,
hardware store, shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber
shop, beauty shop, travel service, shoe repair service, funeral
parlor, gas station, office of an accountant or lawyer, pharmacy,
insurance office, professional office of a health care provider,
hospital, or other service establishment;
(7) A terminal, depot, or other station used
forspecified public transportation;
(8) A museum, library, gallery, or other place
of public display or collection;
(9) A park, zoo, amusement park, or other
place of recreation;
(10) A nursery, elementary, secondary, undergraduate,
or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center,
homeless shelter, food bank, adoption agency, or other social
service center establishment; and
(12) A gymnasium, health spa, bowling alley,
golf course, or other place of exercise or recreation.
Private club means a private club or establishment
exempted from coverage under title II of the Civil Rights Act
of 1964 (42 U.S.C. 2000a(e)).
Private entity means a person or entity other
than a public entity.
Public accommodation means a private entity
that owns, leases (or leases to), or operates a place of public
accommodation.
Public entity means --
(1) Any State or local government;
(2) Any department, agency, special purpose
district, or other instrumentality of a State or States or local
government; and
(3) The National Railroad Passenger Corporation,
and any commuter authority (as defined in section 103(8) of the
Rail Passenger Service Act). (45 U.S.C. 541)
Qualified interpreter means an interpreter
who is able to interpret effectively, accurately and impartially
both receptively and expressively, using any necessary specialized
vocabulary.
Readily achievable means easily accomplishable
and able to be carried out without much difficulty or expense.
In determining whether an action is readily achievable factors
to be considered include --
(1) The nature and cost of the action needed
under this part;
(2) The overall financial resources of the
site or sites involved in the action; the number of persons employed
at the site; the effect on expenses and resources; legitimate
safety requirements that are necessary for safe operation, including
crime prevention measures; or the impact otherwise of the action
upon the operation of the site;
(3) The geographic separateness, and the administrative
or fiscal relationship of the site or sites in question to any
parent corporation or entity;
(4) If applicable, the overall financial resources
of any parent corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its employees;
the number, type, and location of its facilities; and
(5) If applicable, the type of operation or
operations of any parent corporation or entity, including the
composition, structure, and functions of the workforce of the
parent corporation or entity.
Religious entity means a religious organization,
including a place of worship.
Service animal means any guide dog, signal
dog, or other animal individually trained to do work or perform
tasks for the benefit of an individual with a disability, including,
but not limited to, guiding individuals with impaired vision,
alerting individuals with impaired hearing to intruders or sounds,
providing minimal protection or rescue work, pulling awheelchair,
or fetching dropped items.
Specified public transportation means transportation
by bus, rail, or any other conveyance (other than by aircraft)
that provides the general public with general or special service
(including charter service) on a regular and continuing basis.
State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
Undue burden means significant difficulty
or expense. In determining whether an action would result in an
undue burden, factors to be considered include --
(1) The nature and cost of the action needed
under this part;
(2) The overall financial resources of the
site or sites involved in the action; the number of persons employed
at the site; the effect on expenses and resources; legitimate
safety requirements that are necessary for safe operation, including
crime prevention measures; or the impact otherwise of the action
upon the operation of the site;
(3) The geographic separateness, and the administrative
or fiscal relationship of the site or sites in question to any
parent corporation or entity;
(4) If applicable, the overall financial resources
of any parent corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its employees;
the number, type, and location of its facilities; and
(5) If applicable, the type of operation or
operations of any parent corporation or entity, including the
composition, structure, and functions of the workforce of the
parent corporation or entity.
Sec..36.105 -- 36.199 [Reserved]
Subpart B -- General Requirements
Sec.36.201 General.
(a) Prohibition of discrimination. No individual
shall be discriminated against on the basis of disability in the
full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public accommodation
by any private entity who owns, leases (or leases to), or operates
a place of public accommodation.
(b) Landlord and tenant responsibilities.
Both the landlord who owns the building that houses a place of
public accommodation and the tenant who owns or operates the place
of public accommodation are public accommodations subject to the
requirements of this part. As between the parties, allocation
of responsibility for complying with the obligations of this part
may be determined by lease or other contract.
Sec.36.202 Activities.
(a) Denial of participation. A public accommodation
shall not subject an individual or class of individuals on the
basis of a disability or disabilities of such individual or class,
directly, or through contractual, licensing, or other arrangements,
to a denial of the opportunity of the individual or class to participate
in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations of a place of public accommodation.
(b) Participation in unequal benefit. A public
accommodation shall not afford an individual or class of individuals,
on the basis of a disability or disabilities of such individual
or class, directly, or through contractual, licensing, or other
arrangements, with the opportunity to participate in or benefit
from a good, service, facility, privilege, advantage, or accommodation
that is not equal to that afforded to other individuals.
(c) Separate benefit. A public accommodation
shall not provide an individual or class of individuals, on the
basis of a disability or disabilities of such individual or class,
directly, or through contractual, licensing, or other arrangements
with a good, service, facility, privilege, advantage, or accommodation
that is different or separate from that provided to other individuals,
unless such action is necessary to provide the individual or class
of individuals with a good, service, facility, privilege, advantage,
or accommodation, or other opportunity that is as effective as
that provided to others.
(d) Individual or class of individuals. For
purposes of paragraphs (a) through (c) of this section, the term
``individual or class of individuals'' refers to the clients or
customers of the public accommodation that enters into the contractual,
licensing, or other arrangement.
Sec.36.203 Integrated settings.
(a) General. A public accommodation shall
afford goods, services, facilities, privileges, advantages, and
accommodations to an individual with a disability in the most
integrated setting appropriate to the needs of the individual.
(b) Opportunity to participate. Notwithstanding
the existence of separate or different programs or activities
provided in accordance with this subpart, a public accommodation
shall not deny an individual with a disability an opportunity
to participate in such programs or activities that are not separate
or different.
(c) Accommodations and services. (1) Nothing
in this part shall be construed to require an individual with
a disability to accept an accommodation, aid, service, opportunity,
or benefit available under this part that such individual chooses
not to accept.
(2) Nothing in the Act or this part authorizes
there presentative or guardian of an individual with a disability
to decline food, water, medical treatment, or medical services
for that individual.
Sec.36.204 Administrative methods.
A public accommodation shall not, directly
or through contractual or other arrangements, utilize standards
or criteria or methods of administration that have the effect
of discriminating on the basis of disability, or that perpetuate
the discrimination of others who are subject to common administrative
control.
Sec.36.205 Association.
A public accommodation shall not exclude or
otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations, or other opportunities to an individual
or entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship
or association.
Sec.36.206 Retaliation or coercion.
(a) No private or public entity shall discriminate
against any individual because that individual has opposed any
act or practice made unlawful by this part, or because that individual
made a charge, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under the Act or this
part.
(b) No private or public entity shall coerce,
intimidate, threaten, or interfere with any individual in the
exercise or enjoyment of, or on account of his or her having exercised
or enjoyed, or on account of his or her having aided or encouraged
any other individual in the exercise or enjoyment of, any right
granted or protected by the Act or this part.
(c) Illustrations of conduct prohibited by
this section include, but are not limited to:
(1) Coercing an individual to deny or limit
the benefits, services, or advantages to which he or she is entitled
under the Act or this part;
(2) Threatening, intimidating, or interfering
with an individual with a disability who is seeking to obtain
or use the goods, services, facilities, privileges, advantages,
or accommodations of a public accommodation;
(3) Intimidating or threatening any person
because that person is assisting or encouraging an individual
or group entitled to claim the rights granted or protected by
the Act or this part to exercise those rights; or
(4) Retaliating against any person because
that person has participated in any investigation or action to
enforce the Act or this part.
Sec.36.207 Places of public accommodation
located in private residences.
(a) When a place of public accommodation is
located in a private residence, the portion of the residence used
exclusively as a residence is not covered by this part, but that
portion used exclusively in the operation of the place of public
accommodation or that portion used both for the place of public
accommodation and for residential purposes is covered by this
part.
(b) The portion of the residence covered under
paragraph (a) of this section extends to those elements used to
enter the place of public accommodation, including the homeowner's
front sidewalk, if any, the door or entryway, and hallways; and
those portions of the residence, interior or exterior, available
to or used by customers or clients, including restrooms.
Sec.36.208 Direct threat.
(a) This part does not require a public accommodation
to permit an individual to participate in or benefit from the
goods, services, facilities, privileges, advantages and accommodations
of that public accommodation when that individual poses a direct
threat to the health or safety of others.
(b) Direct threat means a significant risk
to the health or safety of others that cannot be eliminated by
a modification of policies, practices, or procedures, or by the
provision of auxiliary aids or services.
(c) In determining whether an individual poses
a direct threat to the health or safety of others, a public accommodation
must make an individualized assessment, based on reasonable judgment
that relies on current medical knowledge or on the best available
objective evidence, to ascertain: the nature, duration, and severity
of the risk; the probability that the potential injury will actually
occur; and whether reasonable modifications of policies, practices,
or procedures will mitigate the risk.
Sec.36.209 Illegal use of drugs.
(a) General. (1) Except as provided in paragraph
(b) of this section, this part does not prohibit discrimination
against an individual based on that individual's current illegal
use of drugs.
(2) A public accommodation shall not discriminate
on the basis of illegal use of drugs against an individual who
is not engaging in current illegal use of drugs and who --
(i) Has successfully completed a supervised
drug rehabilitation program or has otherwise been rehabilitated
successfully;
(ii) Is participating in a supervised rehabilitation
program; or
(iii) Is erroneously regarded as engaging
in such use.
(b) Health and drug rehabilitation services.
(1) A public accommodation shall not deny health services, or
services provided in connection with drug rehabilitation, to an
individual on the basis of that individual's current illegal use
of drugs, if the individual is otherwise entitled to such services.
(2) A drug rehabilitation or treatment program
may deny participation to individuals who engage in illegal use
of drugs while they are in the program.
(c) Drug testing. (1) This part does not prohibit
a public accommodation from adopting or administering reasonable
policies or procedures, including but not limited to drug testing,
designed to ensure that an individual who formerly engaged in
the illegal use of drugs is not now engaging incurrent illegal
use of drugs.
(2) Nothing in this paragraph (c) shall be
construed to encourage, prohibit, restrict, or authorize the conducting
of testing for the illegal use of drugs.
Sec.36.210 Smoking.
This part does not preclude the prohibition
of, or the imposition of restrictions on, smoking in places of
public accommodation.
Sec.36.211 Maintenance of accessible features.
(a) A public accommodation shall maintain
in operable working condition those features of facilities and
equipment that are required to be readily accessible to and usable
by persons with disabilities by the Act or this part.
(b) This section does not prohibit isolated
or temporary interruptions in service or access due to maintenance
or repairs.
Sec.36.212 Insurance.
(a) This part shall not be construed to prohibit
or restrict --
(1) An insurer, hospital or medical service
company, health maintenance organization, or any agent, or entity
that administers benefit plans, or similar organizations from
underwriting risks, classifying risks, or administering such risks
that are based on or not inconsistent with State law; or
(2) A person or organization covered by this
part from establishing, sponsoring, observing or administering
the terms of a bona fide benefit plan that are based on underwriting
risks, classifying risks, or administering such risks that are
based on or not inconsistent with State law; or
(3) A person or organization covered by this
part from establishing, sponsoring, observing or administering
the terms of a bona fide benefit plan that is not subject to State
laws that regulate insurance.
(b) Paragraphs (a) (1), (2), and (3) of this
section shall not be used as a subterfuge to evade the purposes
of the Act or this part.
(c) A public accommodation shall not refuse
to serve an individual with a disability because its insurance
company conditions coverage or rates on the absence of individuals
with disabilities.
Sec.36.213 Relationship of subpart B to subparts
C and D of this part.
Subpart B of this part sets forth the general
principles of nondiscrimination applicable to all entities subject
to this part. Subparts C and D of this part provide guidance on
the application of the statute to specific situations. The specific
provisions, including the limitations on those provisions, control
over the general provisions in circumstances where both specific
and general provisions apply.
Sec..36.214 -- 36.299 [Reserved]
Subpart C -- Specific Requirements
Sec.36.301 Eligibility criteria.
(a) General. A public accommodation shall
not impose or apply eligibility criteria that screen out or tend
to screen out an individual with a disability or any class of
individuals with disabilities from fully and equally enjoying
any goods, services, facilities, privileges, advantages, or accommodations,
unless such criteria can be shown to be necessary for the provision
of the goods, services, facilities, privileges, advantages, or
accommodations being offered.
(b) Safety. A public accommodation may impose legitimate safety requirements that are necessary for safe operation. Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
(c) Charges. A public accommodation may not
impose a surcharge on a particular individual with a disability
or any group of individuals with disabilities to cover the costs
of measures, such as the provision of auxiliary aids, barrier
removal, alternatives to barrier removal, and reasonable modifications
in policies, practices, or procedures, that are required to provide
that individual or group with the nondiscriminatory treatment
required by the Act or this part.
Sec.36.302 Modifications in policies, practices,
or procedures.
(a) General. A public accommodation shall
make reasonable modifications in policies, practices, or procedures,
when the modifications are necessary to afford goods, services,facilities,
privileges, advantages, or accommodations to individuals with
disabilities, unless the public accommodation can demonstrate
that making the modifications would fundamentally alter the nature
of the goods, services, facilities, privileges, advantages, or
accommodations.
(b) Specialties -- (1) General. A public accommodation
may refer an individual with a disability to another public accommodation,
if that individual is seeking, or requires, treatment or services
outside of the referring public accommodation's area of specialization,
and if, in the normal course of its operations, the referring
public accommodation would make a similar referral for an individual
without a disability who seeks or requires the same treatment
or services.
(2) Illustration -- medical specialties. A
health care provider may refer an individual with a disability
to another provider, if that individual is seeking, or requires,
treatment or services outside of the referring provider's area
of specialization, and if the referring provider would make a
similar referral for an individual without a disability who seeks
or requires the same treatment or services. A physician who specializes
in treating only a particular condition cannot refuse to treat
an individual with a disability for that condition, but is not
required to treat the individual for a different condition.
(c) Service animals -- (1) General. Generally,
a public accommodation shall modify policies, practices, or procedures
to permit the use of a service animal by an individual with a
disability.
(2) Care or supervision of service animals.
Nothing in this part requires a public accommodation to supervise
or care for a service animal.
(d) Check-out aisles. A store with check-out
aisles shall ensure that an adequate number of accessible check-out
aisles are kept open during store hours, or shall otherwise modify
its policies and practices, in order to ensure that an equivalent
level of convenient service is provided to individuals with disabilities
as is provided to others. If only one check-out aisle is accessible,
and it is generally used for express service, one way of providing
equivalent service is to allow persons with mobility impairments
to make all their purchases at that aisle.
Sec.36.303 Auxiliary aids and services.
(a) General. A public accommodation shall
take those steps that may be necessary to ensure that no individual
with a disability is excluded, denied services, segregated or
otherwise treated differently than other individuals because of
the absence of auxiliary aids and services, unless the public
accommodation can demonstrate that taking those steps would fundamentally
alter the nature of the goods, services, facilities, privileges,
advantages, or accommodations being offered or would result in
an undue burden, i.e., significant difficulty or expense.
(b) Examples. The term ``auxiliary aids and
services'' includes --
(1) Qualified interpreters, notetakers, computer-aided
transcription services, written materials, telephone handset amplifiers,
assistive listening devices, assistive listening systems, telephones
compatible with hearing aids, closed caption decoders, open and
closed captioning, telecommunications devices for deaf persons
(TDD's), videotext displays, or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments;
(2) Qualified readers, taped texts, audio
recordings, Brailled materials, large print materials, or other
effective methods of making visually delivered materials available
to individuals with visual impairments;
(3) Acquisition or modification of equipment
or devices; and
(4) Other similar services and actions.
(c) Effective communication. A public accommodation
shall furnish appropriate auxiliary aids and services where necessary
to ensure effective communication with individuals with disabilities.
(d) Telecommunication devices for the deaf
(TDD's). (1) A public accommodation that offers a customer, client,
patient, or participant the opportunity to make outgoing telephone
calls on more than an incidental convenience basis shall make
available, upon request, a TDD for the use of an individual who
has impaired hearing or a communication disorder.
(2) This part does not require a public accommodation
to use a TDD for receiving or making telephone calls incident
to its operations.
(e) Closed caption decoders. Places of lodging
that provide televisions in five or more guest rooms and hospitals
that provide televisions for patient use shall provide, upon request,
a means for decoding captions for use by an individual with impaired
hearing.
(f) Alternatives. If provision of a particular
auxiliary aid or service by a public accommodation would result
in a fundamental alteration in the nature of the goods, services,
facilities, privileges, advantages, or accommodations being offered
or in an undue burden, i.e., significant difficulty or expense,
the public accommodation shall provide an alternative auxiliary
aid or service, if one exists, that would not result in an alteration
or such burden but would nevertheless ensure that, to the maximum
extent possible, individuals with disabilities receive the goods,
services, facilities, privileges, advantages, or accommodations
offered by the public accommodation.
Sec.36.304 Removal of barriers.
(a) General. A public accommodation shall
remove architectural barriers in existing facilities, including
communication barriers that are structural in nature, where such
removal is readily achievable, i.e., easily accomplishable and
able to be carried out without much difficulty or expense.
(b) Examples. Examples of steps to remove
barriers include, but are not limited to, the following actions
--
(1) Installing ramps;
(2) Making curb cuts in sidewalks and entrances;
(3) Repositioning shelves;
(4) Rearranging tables, chairs, vending machines,
display racks, and other furniture;
(5) Repositioning telephones;
(6) Adding raised markings on elevator control
buttons;
(7) Installing flashing alarm lights;
(8) Widening doors;
(9) Installing offset hinges to widen doorways;
(10) Eliminating a turnstile or providing an alternative accessible path;
(11) Installing accessible door hardware;
(12) Installing grab bars in toilet stalls;
(13) Rearranging toilet partitions to increase
maneuvering space;
(14) Insulating lavatory pipes under sinks
to prevent burns;
(15) Installing a raised toilet seat;
(16) Installing a full-length bathroom mirror;
(17) Repositioning the paper towel dispenser
in a bathroom;
(18) Creating designated accessible parking
spaces;
(19) Installing an accessible paper cup dispenser
at an existing inaccessible water fountain;
(20) Removing high pile, low density carpeting;
or
(21) Installing vehicle hand controls.
(c) Priorities. A public accommodation is
urged to take measures to comply with the barrier removal requirements
of this section in accordance with the following order of priorities.
(1) First, a public accommodation should take
measures to provide access to a place of public accommodation
from public sidewalks, parking, or public transportation. These
measures include, for example, installing an entrance ramp, widening
entrances, and providing accessible parking spaces.
(2) Second, a public accommodation should
take measures to provide access to those areas of a place of public
accommodation where goods and services are made available to the
public. These measures include, for example, adjusting the layout
of display racks, rearranging tables, providing Brailled and raised
character signage, widening doors, providing visual alarms, and
installing ramps.
(3) Third, a public accommodation should take
measures to provide access to restroom facilities. These measures
include, for example, removal of obstructing furniture or vending
machines, widening of doors, installation of ramps, providing
accessible signage, widening of toilet stalls, and installation
of grab bars.
(4) Fourth, a public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.
(d) Relationship to alterations requirements
of subpart D of this part. (1) Except as provided in paragraph
(d)(2) of this section, measures taken to comply with the barrier
removal requirements of this section shall comply with the applicable
requirements for alterations in Sec.36.402 and Sec..36.404 -36.406
of this part for the element being altered. The path of travel
requirements of Sec.36.403 shall not apply to measures taken solely
to comply with the barrier removal requirements of this section.
(2) If, as a result of compliance with the
alterations requirements specified in paragraph (d)(1) of this
section, the measures required to remove a barrier would not be
readily achievable, a public accommodation may take other readily
achievable measures to remove the barrier that do not fully comply
with the specified requirements. Such measures include, for example,
providing a ramp with a steeper slope or widening a doorway to
a narrower width than that mandated by the alterations requirements.
No measure shall be taken, however, that poses a significant risk
to the health or safety of individuals with disabilities or others.
(e) Portable ramps. Portable ramps should
be used to comply with this section only when installation of
a permanent ramp is not readily achievable. In order to avoid
any significant risk to the health or safety of individuals with
disabilities or others in using portable ramps, due consideration
shall be given to safety features such as nonslip surfaces, railings,
anchoring, and strength of materials.
(f) Selling or serving space. The rearrangement
of temporary or movable structures, such as furniture, equipment,
and display racks is not readily achievable to the extent that
it results in a significant loss of selling or serving space.
(g) Limitation on barrier removal obligations.
(1) The requirements for barrier removal under Sec.36.304 shall
not be interpreted to exceed the standards for alterations in
subpart D of this part.
(2) To the extent that relevant standards
for alterations are not provided in subpart D of this part, then
the requirements of Sec.36.304 shall not be interpreted to exceed
the standards for new construction in subpart D of this part.
(3) This section does not apply to rolling
stock and other conveyances to the extent that Sec.36.310 applies
to rolling stock and other conveyances.
Sec.36.305 Alternatives to barrier removal.
(a) General. Where a public accommodation
can demonstrate that barrier removal is not readily achievable,
the public accommodation shall not fail to make its goods, services,
facilities, privileges, advantages, or accommodations available
through alternative methods, if those methods are readily achievable.
(b) Examples. Examples of alternatives to
barrier removal include, but are not limited to, the following
actions --
(1) Providing curb service or home delivery;
(2) Retrieving merchandise from inaccessible
shelves or racks;
(3) Relocating activities to accessible locations;
(c) Multiscreen cinemas. If it is not readily
achievable to remove barriers to provide access by persons with
mobility impairments to all of the theaters of a multiscreen cinema,
the cinema shall establish a film rotation schedule that provides
reasonable access for individuals who use wheelchairs to all films.
Reasonable notice shall be provided to the public as to the location
and time of accessible showings.
Sec.36.306 Personal devices and services.
This part does not require a public accommodation
to provide its customers, clients, or participants with personal
devices, such as wheelchairs; individually prescribed devices,
such as prescription eyeglasses or hearing aids; or services of
a personal nature including assistance in eating, toileting, or
dressing.
Sec.36.307 Accessible or special goods.
(a) This part does not require a public accommodation
to alter its inventory to include accessible or special goods
that are designed for, or facilitate use by, individuals with
disabilities.
(b) A public accommodation shall order accessible
or special goods at the request of an individual with disabilities,
if, in the normal course of its operation, it makes special orders
on request for unstocked goods, and if the accessible or special
goods can be obtained from a supplier with whom the public accommodation
customarily does business.
(c) Examples of accessible or special goods
include items such as Brailled versions of books, books on audio
cassettes, closed-captioned video tapes, special sizes or lines
of clothing, and special foods to meet particular dietary needs.
Sec.36.308 Seating in assembly areas.
(a) Existing facilities. (1) To the extent
that it is readily achievable, a public accommodation in assembly
areas shall --
(i) Provide a reasonable number of wheelchair
seating spaces and seats with removable aisle-side arm rests;
and
(ii) Locate the wheelchair seating spaces so that they --
(A) Are dispersed throughout the seating area;
(B) Provide lines of sight and choice of admission
prices comparable to those for members of the general public;
(C) Adjoin an accessible route that also serves
as a means of egress in case of emergency; and
(D) Permit individuals who use wheelchairs
to sit with family members or other companions.
(2) If removal of seats is not readily achievable,
a public accommodation shall provide, to the extent that it is
readily achievable to do so, a portable chair or other means to
permit a family member or other companion to sit with an individual
who uses a wheelchair.
(3) The requirements of paragraph (a) of this
section shall not be interpreted to exceed the standards for alterations
in subpart D of this part.
(b) New construction and alterations. The
provision and location of wheelchair seating spaces in newly constructed
or altered assembly areas shall be governed by the standards for
new construction and alterations in subpart D of this part.
Sec.36.309 Examinations and courses.
(a) General. Any private entity that offers
examinations or courses related to applications, licensing, certification,
or credentialing for secondary or postsecondary education, professional,
or trade purposes shall offer such examinations or courses in
a place and manner accessible to persons with disabilities or
offer alternative accessible arrangements for such individuals.
(b) Examinations. (1) Any private entity offering
an examination covered by this section must assure that --
(i) The examination is selected and administered
so as to best ensure that, when the examination is administered
to an individual with a disability that impairs sensory, manual,
or speaking skills, the examination results accurately reflect
the individual's aptitude or achievement level or whatever other
factor the examination purports to measure, rather than reflecting
the individual's impaired sensory, manual, or speaking skills
(except where those skills are the factors that the examination
purports to measure);
(ii) An examination that is designed for individuals
with impaired sensory, manual, or speaking skills is offered at
equally convenient locations, as often, and in as timely a manner
as are other examinations; and
(iii) The examination is administered in facilities
that are accessible to individuals with disabilities or alternative
accessible arrangements are made.
(2) Required modifications to an examination
may include changes in the length of time permitted for completion
of the examination and adaptation of the manner in which the examination
is given.
(3) A private entity offering an examination
covered by this section shall provide appropriate auxiliary aids
for persons with impaired sensory, manual, or speaking skills,
unless that private entity can demonstrate that offering a particular
auxiliary aid would fundamentally alter the measurement of the
skills or knowledge the examination is intended to test or would
result in an undue burden. Auxiliary aids and services required
by this section may include taped examinations, interpreters or
other effective methods of making orally delivered materials available
to individuals with hearing impairments, Brailled or large print
examinations and answer sheets or qualified readers for individuals
with visual impairments or learning disabilities, transcribers
for individuals with manual impairments, and other similar services
and actions.
(4) Alternative accessible arrangements may
include, for example, provision of an examination at an individual's
home with a proctor if accessible facilities or equipment are
unavailable. Alternative arrangements must provide comparable
conditions to those provided for nondisabled individuals.
(c) Courses. (1) Any private entity that offers
a course covered by this section must make such modifications
to that course as are necessary to ensure that the place and manner
in which the course is given are accessible to individuals with
disabilities.
(2) Required modifications may include changes
in the length of time permitted for the completion of the course,
substitution of specific requirements, or adaptation of the manner
in which the course is conducted or course materials are distributed.
(3) A private entity that offers a course
covered by this section shall provide appropriate auxiliary aids
and services for persons with impaired sensory, manual, or speaking
skills, unless the private entity can demonstrate that offering
a particular auxiliary aid or service would fundamentally alter
the course or would result in an undue burden. Auxiliary aids
and services required by this section may include taped texts,
interpreters or other effective methods of making orally delivered
materials available to individuals with hearing impairments, Brailled
or large print texts or qualified readers for individuals with
visual impairments and learning disabilities, classroom equipment
adapted for use by individuals with manual impairments, and other
similar services and actions.
(4) Courses must be administered in facilities
that are accessible to individuals with disabilities or alternative
accessible arrangements must be made.
(5) Alternative accessible arrangements may
include, for example, provision of the course through videotape,
cassettes, or prepared notes. Alternative arrangements must provide
comparable conditions to those provided for nondisabled individuals.
Sec.36.310 Transportation provided by public
accommodations.
(a) General. (1) A public accommodation that
provides transportation services, but that is not primarily engaged
in the business of transporting people, is subject to the general
and specific provisions in subparts B, C, and D of this part for
its transportation operations, except as provided in this section.
(2) Examples. Transportation services subject
to this section include, but are not limited to, shuttle services
operated between transportation terminals and places of public
accommodation, customer shuttle bus services operated by private
companies and shopping centers, student transportation systems,
and transportation provided within recreational facilities such
as stadiums, zoos, amusement parks, and ski resorts.
(b) Barrier removal. A public accommodation
subject to this section shall remove transportation barriers in
existing vehicles and rail passenger cars used for transporting
individuals (not including barriers that can only be removed through
the retrofitting of vehicles or rail passenger cars by the installation
of a hydraulic or other lift) where such removal is readily achievable.
(c) Requirements for vehicles and systems.
A public accommodation subject to this section shall comply with
the requirements pertaining to vehicles and transportation systems
in the regulations issued by the Secretary of Transportation pursuant
to section 306 of the Act.
Sec..36.311 -- 36.399 [Reserved]
Subpart D -- New Construction and Alterations
Sec.36.401 New construction.
(a) General. (1) Except as provided in paragraphs
(b) and (c) of this section, discrimination for purposes of this
part includes a failure to design and construct facilities for
first occupancy after January 26, 1993, that are readily accessible
to and usable by individuals with disabilities.
(2) For purposes of this section, a facility
is designed and constructed for first occupancy after January
26, 1993, only --
(i) If the last application for a building
permit or permit extension for the facility is certified to be
complete, by a State, County, or local government after January
26, 1992 (or, in those jurisdictions where the government does
not certify completion of applications, if the last application
for a building permit or permit extension for the facility is
received by the State, County, or local government after January
26, 1992); and
(ii) If the first certificate of occupancy
for the facility is issued after January 26, 1993.
(b) Commercial facilities located in private
residences. (1) When a commercial facility is located in a private
residence, the portion of the residence used exclusively as a
residence is not covered by this subpart, but that portion used
exclusively in the operation of the commercial facility or that
portion used both for the commercial facility and for residential
purposes is covered by the new construction and alterations requirements
of this subpart.
(2) The portion of the residence covered under
paragraph (b)(1) of this section extends to those elements used
to enter the commercial facility, including the homeowner's front
sidewalk, if any, the door or entryway, and hallways; and those
portions of the residence, interior or exterior, available to
or used by employees or visitors of the commercial facility, including
restrooms.
(c) Exception for structural impracticability.
(1) Full compliance with the requirements of this section is not
required where an entity can demonstrate that it is structurally
impracticable to meet the requirements. Full compliance will be
considered structurally impracticable only in those rare circumstances
when the unique characteristics of terrain prevent the incorporation
of accessibility features.
(2) If full compliance with this section would
be structurally impracticable, compliance with this section is
required to the extent that it is not structurally impracticable.
In that case, any portion of the facility that can be made accessible
shall be made accessible to the extent that it is not structurally
impracticable.
(3) If providing accessibility in conformance
with this section to individuals with certain disabilities (e.g.,
those who use wheelchairs) would be structurally impracticable,
accessibility shall nonetheless be ensured to persons with other
types of disabilities (e.g., those who use crutches or who have
sight, hearing, or mental impairments) in accordance with this
section.
(d) Elevator exemption. (1) For purposes of
this paragraph (d) --
(i) Professional office of a health care provider
means a location where a person or entity regulated by a State
to provide professional services related to the physical or mental
health of an individual makes such services available to the public.
The facility housing the ``professional office of a health care
provider'' only includes floor levels housing at least one health
care provider, or any floor level designed or intended for use
by at least one health care provider.
(ii) Shopping center or shopping mall means
--
(A) A building housing five or more sales
or rental establishments; or
(B) A series of buildings on a common site,
either under common ownership or common control or developed either
as one project or as a series of related projects, housing five
or more sales or rental establishments. For purposes of this section,
places of public accommodation of the types listed in paragraph
(5) of the definition of ``place of public accommodation'' in
section Sec.36.104 are considered sales or rental establishments.
The facility housing a ``shopping center or shopping mall'' only
includes floor levels housing at least one sales or rental establishment,
or any floor level designed or intended for use by at least one
sales or rental establishment.
(2) This section does not require the installation
of an elevator in a facility that is less than three stories or
has less than 3000 square feet per story, except with respect
to any facility that houses one or more of the following:
(i) A shopping center or shopping mall, or
a professional office of a health care provider.
(ii) A terminal, depot, or other station used
for specified public transportation, or an airport passenger terminal.
In such a facility, any area housing passenger services, including
boarding and debarking, loading and unloading, baggage claim,
dining facilities, and other common areas open to the public,
must be on an accessible route from an accessible entrance.
(3) The elevator exemption set forth in this
paragraph (d) does not obviate or limit, in any way the obligation
to comply with the other accessibility requirements established
in paragraph (a) of this section. For example, in a facility that
houses a shopping center or shopping mall, or a professional office
of a health care provider, the floors that are above or below
an accessible ground floor and that do not house sales or rental
establishments or a professional office of a health care provider,
must meet the requirements of this section but for the elevator.
Sec.36.402 Alterations.
(a) General. (1) Any alteration to a place
of public accommodation or a commercial facility, after January
26, 1992, shall be made so as to ensure that, to the maximum extent
feasible, the altered portions of the facility are readily accessible
to and usable by individuals with disabilities, including individuals
who use wheelchairs.
(2) An alteration is deemed to be undertaken
after January 26, 1992, if the physical alteration of the property
begins after that date.
(b) Alteration. For the purposes of this part,
an alteration is a change to a place of public accommodation or
a commercial facility that affects or could affect the usability
of the building or facility or any part thereof.
(1) Alterations include, but are not limited
to, remodeling, renovation, rehabilitation, reconstruction, historic
restoration, changes or rearrangement in structural parts or elements,
and changes or rearrangement in the plan configuration of walls
and full-height partitions. Normal maintenance, reroofing, painting
or wallpapering, asbestos removal, or changes to mechanical and
electrical systems are not alterations unless they affect the
usability of the building or facility.
(2) If existing elements, spaces, or common
areas are altered, then each such altered element, space, or area
shall comply with the applicable provisions of appendix A to this
part.
(c) To the maximum extent feasible. The phrase ``to the maximum extent feasible,'' as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).
Sec.36.403 Alterations: Path of travel.
(a) General. An alteration that affects or
could affect the usability of or access to an area of a facility
that contains a primary function shall be made so as to ensure
that, to the maximum extent feasible, the path of travel to the
altered area and the restrooms, telephones, and drinking fountains
serving the altered area, are readily accessible to and usable
by individuals with disabilities, including individuals who use
wheelchairs, unless the cost and scope of such alterations is
disproportionate to the cost of the overall alteration.
(b) Primary function. A ``primary function''
is a major activity for which the facility is intended. Areas
that contain a primary function include, but are not limited to,
the customer services lobby of a bank, the dining area of a cafeteria,
the meeting rooms in a conference center, as well as offices and
other work areas in which the activities of the public accommodation
or other private entity using the facility are carried out. Mechanical
rooms, boiler rooms, supply storage rooms, employee lounges or
locker rooms, janitorial closets, entrances, corridors, and restrooms
are not areas containing a primary function.
(c) Alterations to an area containing a primary
function. (1) Alterations that affect the usability of or access
to an area containing a primary function include, but are not
limited to --
(i) Remodeling merchandise display areas or
employee work areas in a department store;
(ii) Replacing an inaccessible floor surface
in the customer service or employee work areas of a bank;
(iii) Redesigning the assembly line area of
a factory; or
(iv) Installing a computer center in an accounting
firm.
(2) For the purposes of this section, alterations
to windows, hardware, controls, electrical outlets, and signage
shall not be deemed to be alterations that affect the usability
of or access to an area containing a primary function.
(d) Landlord/tenant: If a tenant is making
alterations as defined in Sec.36.402 that would trigger the requirements
of this section, those alterations by the tenant in areas that
only the tenant occupies do not trigger a path of travel obligation
upon the landlord with respect to areas of the facility under
the landlord's authority, if those areas are not otherwise being
altered.
(e) Path of travel. (1) A ``path of travel''
includes a continuous, unobstructed way of pedestrian passage
by means of which the altered area may be approached, entered,
and exited, and which connects the altered area with an exterior
approach (including sidewalks, streets, and parking areas), an
entrance to the facility, and other parts of the facility.
(2) An accessible path of travel may consist
of walks and sidewalks, curb ramps and other interior or exterior
pedestrian ramps; clear floor paths through lobbies, corridors,
rooms, and other improved areas; parking access aisles; elevators
and lifts; or a combination of these elements.
(3) For the purposes of this part, the term
``path of travel'' also includes the restrooms, telephones, and
drinking fountains serving the altered area.
(f) Disproportionality. (1) Alterations made
to provide an accessible path of travel to the altered area will
be deemed disproportionate to the overall alteration when the
cost exceeds 20% of the cost of the alteration to the primary
function area.
(2) Costs that may be counted as expenditures
required to provide an accessible path of travel may include:
(i) Costs associated with providing an accessible
entrance and an accessible route to the altered area, for example,
the cost of widening doorways or installing ramps;
(ii) Costs associated with making restrooms
accessible, such as installing grab bars, enlarging toilet stalls,
insulating pipes, or installing accessible faucet controls;
(iii) Costs associated with providing accessible
telephones, such as relocating the telephone to an accessible
height, installing amplification devices, or installing a telecommunications
device for deaf persons (TDD);
(iv) Costs associated with relocating an inaccessible
drinking fountain.
(g) Duty to provide accessible features in
the event of disproportionality. (1) When the cost of alterations
necessary to make the path of travel to the altered area fully
accessible is disproportionate to the cost of the overall alteration,
the path of travel shall be made accessible to the extent that
it can be made accessible without incurring disproportionate costs.
(2) In choosing which accessible elements
to provide, priority should be given to those elements that will
provide the greatest access, in the following order:
(i) An accessible entrance;
(ii) An accessible route to the altered area;
(iii) At least one accessible restroom for
each sex or a single unisex restroom;
(iv) Accessible telephones;
(v) Accessible drinking fountains; and
(vi) When possible, additional accessible
elements such as parking, storage, and alarms.
(h) Series of smaller alterations. (1) The
obligation to provide an accessible path of travel may not be
evaded by performing a series of small alterations to the area
served by a single path of travel if those alterations could have
been performed as a single undertaking.
(2) (i) If an area containing a primary function
has been altered without providing an accessible path of travel
to that area, and subsequent alterations of that area, or a different
area on the same path of travel, are undertaken within three years
of the original alteration, the total cost of alterations to the
primary function areas on that path of travel during the preceding
three year period shall be considered in determining whether the
cost of making that path of travel accessible is disproportionate.
(ii) Only alterations undertaken after January
26, 1992, shall be considered in determining if the cost of providing
an accessible path of travel is disproportionate to the overall
cost of the alterations.
Sec.36.404 Alterations: Elevator exemption.
(a) This section does not require the installation
of an elevator in an altered facility that is less than three
stories or has less than 3,000 square feet per story, except with
respect to any facility that houses a shopping center, a shopping
mall, the professional office of a health care provider, a terminal,
depot, or other station used for specified public transportation,
or an airport passenger terminal.
(1) For the purposes of this section, ``professional
office of a health care provider'' means a location where a person
or entity regulated by a State to provide professional services
related to the physical or mental health of an individual makes
such services available to the public. The facility that houses
a ``professional office of a health care provider'' only includes
floor levels housing by at least one health care provider, or
any floor level designed or intended for use by at least one health
care provider.
(2) For the purposes of this section, shopping
center or shopping mall means --
(i) A building housing five or more sales
or rental establishments; or
(ii) A series of buildings on a common site,
connected by a common pedestrian access route above or below the
ground floor, that is either under common ownership or common
control or developed either as one project or as a series of related
projects, housing five or more sales or rental establishments.
For purposes of this section, places of public accommodation of
the types listed in paragraph (5) of the definition of ``place
of public accommodation'' in Sec.36.104 are considered sales or
rental establishments. The facility housing a ``shopping center
or shopping mall'' only includes floor levels housing at least
one sales or rental establishment, or any floor level designed
or intended for use by at least one sales or rental establishment.
(b) The exemption provided in paragraph (a)
of this section does not obviate or limit in any way the obligation
to comply with the other accessibility requirements established
in this subpart. For example, alterations to floors above or below
the accessible ground floor must be accessible regardless of whether
the altered facility has an elevator.
Sec.36.405 Alterations: Historic preservation.
(a) Alterations to buildings or facilities
that are eligible for listing in the National Register of Historic
Places under the National Historic Preservation Act (16 U.S.C.
470 et seq.), or are designated as historic under State or local
law, shall comply to the maximum extent feasible with section
4.1.7 of appendix A to this part.
(b) If it is determined under the procedures
set out in section 4.1.7 of appendix A that it is not feasible
to provide physical access to an historic property that is a place
of public accommodation in a manner that will not threaten or
destroy the historic significance of the building or facility,
alternative methods of access shall be provided pursuant to the
requirements of subpart C of this part.
Sec.36.406 Standards for new construction
and alterations.
(a) New construction and alterations subject
to this part shall comply with the standards for accessible design
published as appendix A to this part (ADAAG).
(b) The chart in the appendix to this section
provides guidance to the user in reading appendix A to this part
(ADAAG) together with subparts A through D of this part, when
determining requirements for a particular facility.
Appendix to Sec.36.406
This chart has no effect for purposes of compliance
or enforcement. It does not necessarily provide complete or mandatory
(TABLE START) information.
@h1 @h1Subparts A - D@h1ADAAG
Application, General .... 36.102(b)(3): public
accommodations 36.102(c): commercial facilities 36.102(e): public
entities 36.103 (other laws) 36.401 (``for first occupancy'')
36.402(a) (alterations) .... 1, 2, 3, 4.1.1.
Definitions .... 36.104: commercial facilities,
facility, place of public accommodation, private club, public
accommodation, public entity, religious entity .... 3.5 Definitions,
including: addition, alteration, building, element, facility,
space, story.
.... 36.401(d)(1)(ii), 36.404(a)(2): shopping
center orshopping mall 36.401(d)(1)(i), 36.404(a)(1): professional
office of a health care provider 36.402: alteration; usability
36.402(c): to the maximum extent feasible .... 4.1.6(j), technical
infeasibility.
New Construction: .... 36.401(a) General
.... 4.1.2.
General .... 36.401(b) Commercial facilities
in private residences 36.207 Places of public accommodation in
private residences .... 4.1.3.
Work Areas .... .... 4.1.1(3).
Structural Impracticability .... 36.401(c)
.... 4.1.1(5)(a).
Elevator Exemption .... 36.401(d) 36.404
.... 4.1.3(5).
Other Exceptions .... .... 4.1.1(5), 4.1.3(5)
and throughout.
Alterations: General .... 36.401(b): commercial
facilities in private residences
.... 36.402 .... 4.1.6(1).
Alterations Affecting an Area Containing A
Primary Function; Path of Travel; Disproportionality .... 36.403
.... 4.1.6(2).
Alterations: Special Technical Provisions
.... .... 4.1.6(3).
Additions .... 36.401 - 36.405 .... 4.1.5.
Historic Preservation .... 36.405 .... 4.1.7.
Technical Provisions .... .... 4.2 through
4.35.
Restaurants and Cafeterias .... .... 5.
Medical Care Facilities .... .... 6.
Business and Mercantile .... .... 7.
Libraries .... .... 8.
Transient Lodging (Hotels, Homeless Shelters,
Etc.) .... .... 9.
Transportation Facilities .... .... 10.
(TABLE END)
[Order No. 1513 - 91, 56 FR 35592, July 26,
1991, as amended by Order No. 1836 - 94, 59 FR 2675, Jan. 18,
1994]
Sec.36.407 Temporary suspension of certain
detectable warning requirements.
The requirements contained in sections 4.7.7,
4.29.5, and 4.29.6 of appendix A to this part are suspended temporarily
until July 26, 1996.
[Order No. 1852 - 94, 59 FR 17446, Apr. 12,
1994]
Sec..36.408 -- 36.499 [Reserved]
Subpart E -- Enforcement
Sec.36.501 Private suits.
(a) General. Any person who is being subjected
to discrimination on the basis of disability in violation of the
Act or this part or who has reasonable grounds for believing that
such person is about to be subjected to discrimination in violation
of section 303 of the Act or subpart D of this part may institute
a civil action for preventive relief, including an application
for a permanent or temporary injunction, restraining order, or
other order. Upon timely application, the court may, in its discretion,
permit the Attorney General to intervene in the civil action if
the Attorney General or his or her designee certifies that the
case is of general public importance. Upon application by the
complainant and in such circumstances as the court may deem just,
the court may appoint an attorney for such complainant and may
authorize the commencement of the civil action without the payment
of fees, costs, or security. Nothing in this section shall require
a person with a disability to engage in a futile gesture if the
person has actual notice that a person or organization covered
by title III of the Act or this part does not intend to comply
with its provisions.
(b) Injunctive relief. In the case of violations
of Sec.36.304, Sec..36.308, 36.310(b), 36.401, 36.402, 36.403,
and 36.405 of this part, injunctive relief shall include an order
to alter facilities to make such facilities readily accessible
to and usable by individuals with disabilities to the extent required
by the Act or this part. Where appropriate, injunctive relief
shall also include requiring the provision of an auxiliary aid
or service, modification of a policy, or provision of alternative
methods, to the extent required by the Act or this part.
Sec.36.502 Investigations and compliance reviews.
(a) The Attorney General shall investigate
alleged violations of the Act or this part.
(b) Any individual who believes that he or
she or a specific class of persons has been subjected to discrimination
prohibited by the Act or this part may request the Department
to institute an investigation.
(c) Where the Attorney General has reason
to believe that there may be a violation of this part, he or she
may initiate a compliance review.
Sec.36.503 Suit by the Attorney General.
Following a compliance review or investigation
under Sec.36.502, or at any other time in his or her discretion,
the Attorney General may commence a civil action in any appropriate
United States district court if the Attorney General has reasonable
cause to believe that --
(a) Any person or group of persons is engaged
in a pattern or practice of discrimination in violation of the
Act or this part; or
(b) Any person or group of persons has been
discriminated against in violation of the Act or this part and
the discrimination raises an issue of general public importance.
Sec.36.504 Relief.
(a) Authority of court. In a civil action
under Sec.36.503, the court --
(1) May grant any equitable relief that such
court considers to be appropriate, including, to the extent required
by the Act or this part --
(i) Granting temporary, preliminary, or permanent
relief;
(ii) Providing an auxiliary aid or service,
modification of policy, practice, or procedure, or alternative
method; and
(iii) Making facilities readily accessible to and usable by individuals with disabilities;
(2) May award other relief as the court considers
to be appropriate, including monetary damages to persons aggrieved
when requested by the Attorney General; and
(3) May, to vindicate the public interest,
assess a civil penalty against the entity in an amount
(i) Not exceeding $50,000 for a first violation;
and
(ii) Not exceeding $100,000 for any subsequent
violation.
(b) Single violation. For purposes of paragraph
(a) (3) of this section, in determining whether a first or subsequent
violation has occurred, a determination in a single action, by
judgment or settlement, that the covered entity has engaged in
more than one discriminatory act shall be counted as a single
violation.
(c) Punitive damages. For purposes of paragraph
(a)(2) of this section, the terms ``monetary damages'' and ``such
other relief'' do not include punitive damages.
(d) Judicial consideration. In a civil action
under Sec.36.503, the court, when considering what amount of civil
penalty, if any, is appropriate, shall give consideration to any
good faith effort or attempt to comply with this part by the entity.
In evaluating good faith, the court shall consider, among other
factors it deems relevant, whether the entity could have reasonably
anticipated the need for an appropriate type of auxiliary aid
needed to accommodate the unique needs of a particular individual
with a disability.
Sec.36.505 Attorneys fees.
In any action or administrative proceeding
commenced pursuant to the Act or this part, the court or agency,
in its discretion, may allow the prevailing party, other than
the United States, a reasonable attorney's fee, including litigation
expenses, and costs, and the United States shall be liable for
the foregoing the same as a private individual.
Sec.36.506 Alternative means of dispute resolution.
Where appropriate and to the extent authorized
by law, the use of alternative means of dispute resolution, including
settlement negotiations, conciliation, facilitation, mediation,
factfinding, minitrials, and arbitration, is encouraged to resolve
disputes arising under the Act and this part.
Sec.36.507 Effect of unavailability of technical
assistance.
A public accommodation or other private entity
shall not be excused from compliance with the requirements of
this part because of any failure to receive technical assistance,
including any failure in the development or dissemination of any
technical assistance manual authorized by the Act.
Sec.36.508 Effective date.
(a) General. Except as otherwise provided
in this section and in this part, this part shall become effective
on January 26, 1992.
(b) Civil actions. Except for any civil action
brought for a violation of section 303 of the Act, no civil action
shall be brought for any act or omission described in section
302 of the Act that occurs --
(1) Before July 26, 1992, against businesses
with 25 or fewer employees and gross receipts of $1,000,000 or
less.
(2) Before January 26, 1993, against businesses
with 10 or fewer employees and gross receipts of $500,000 or less.
(c) Transportation services provided by public
accommodations. Newly purchased or leased vehicles required to
be accessible by Sec.36.310 must be readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, if the solicitation for the vehicle is made
after August 25, 1990.
Sec..36.509 -- 36.599 [Reserved]
Subpart F -- Certification of State Laws or
Local Building Codes
Sec.36.601 Definitions.
Assistant Attorney General means the Assistant
Attorney General for Civil Rights or his or her designee.
Certification of equivalency means a final
certification that a code meets or exceeds the minimum requirements
of title III of the Act for accessibility and usability of facilities
covered by that title.
Code means a State law or local building code
or similar ordinance, or part thereof, that establishes accessibility
requirements.
Model code means a nationally recognized document
developed by a private entity for use by State or local jurisdictions
in developing codes as defined in this section. A model code is
intended for incorporation by reference or adoption in whole or
in part, with or without amendment, by State or local jurisdictions.
Preliminary determination of equivalency means
a preliminary determination that a code appears to meet or exceed
the minimum requirements of title III of the Act for accessibility
and usability of facilities covered by that title.
Submitting official means the State or local
official who --
(1) Has principal responsibility for administration
of a code, or is authorized to submit a code on behalf of a jurisdiction;
and
(2) Files a request for certification under
this subpart.
Sec.36.602 General rule.
On the application of a State or local government,
the Assistant Attorney General may certify that a code meets or
exceeds the minimum requirements of the Act for the accessibility
and usability of places of public accommodation and commercial
facilities under this part by issuing a certification of equivalency.
At any enforcement proceeding under title III of the Act, such
certification shall be rebuttable evidence that such State law
or local ordinance does meet or exceed the minimum requirements
of title III.
Sec.36.603 Filing request for certification.
(a) A submitting official may file a request
for certification of a code under this subpart.
(b) Before filing a request for certification
of a code, the submitting official shall ensure that --
(1) Adequate public notice of intention to
file a request for certification, notice of a hearing, and notice
of the location at which the request and materials can be inspected
is published within the relevant jurisdiction;
(2) Copies of the proposed request and supporting
materials are made available for public examination and copying
at the office of the State or local agency charged with administration
and enforcement of the code; and
(3) The local or State jurisdiction holds
a public hearing on the record, in the State or locality, at which
the public is invited to comment on the proposed request for certification.
(c) The submitting official shall include
the following materials and information in support of the request:
(1) The text of the jurisdiction's code; any
standard, regulation, code, or other relevant document incorporated
by reference or otherwise referenced in the code; the law creating
and empowering the agency; any relevant manuals, guides, or any
other interpretive information issued that pertain to the code;
and any formal opinions of the State Attorney General or the chief
legal officer of the jurisdiction that pertain to the code;
(2) Any model code or statute on which the
pertinent code is based, and an explanation of any differences
between the model and the pertinent code;
(3) A transcript of the public hearing required
by paragraph (b)(3) of this section; and
(4) Any additional information that the submitting
official may wish to be considered.
(d) The submitting official shall file the
original and one copy of the request and of supporting materials
with the Assistant Attorney General. The submitting official shall
clearly label the request as a ``request for certification'' of
a code. A copy of the request and supporting materials will be
available for public examination and copying at the offices of
the Assistant Attorney General in Washington, DC. The submitting
official shall ensure that copies of the request and supporting
materials are available for public examination and copying at
the office of the State or local agency charged with administration
and enforcement of the code. The submitting official shall ensure
that adequate public notice of the request for certification and
of the location at which the request and materials can be inspected
is published within the relevant jurisdiction.
(e) Upon receipt of a request for certification,
the Assistant Attorney General may request further information
that he or she considers relevant to the determinations required
to be made under this subpart.
(Approved by the Office of Management and Budget
under control number 1190 - 0005)
[56 FR 35592, July 26, 1991, as amended by
Order No. 1679 - 93, 58 FR 17522, Apr. 5, 1993]
Sec.36.604 Preliminary determination.
After consultation with the Architectural
and Transportation Barriers Compliance Board, the Assistant Attorney
General shall make a preliminary determination of equivalency
or a preliminary determination to deny certification.
Sec.36.605 Procedure following preliminary
determination of equivalency.
(a) If the Assistant Attorney General makes
a preliminary determination of equivalency under Sec.36.604, he
or she shall inform the submitting official, in writing, of that
preliminary determination. The Assistant Attorney General shall
also --
(1) Publish a notice in the Federal Register
that advises the public of the preliminary determination of equivalency
with respect to the particular code, and invite interested persons
and organizations, including individuals with disabilities, during
a period of at least 60 days following publication of the notice,
to file written comments relevant to whether a final certification
of equivalency should be issued;
(2) After considering the information received
inresponse to the notice described in paragraph (a) of this section,
and after publishing a separate notice in the Federal Register,
hold an informal hearing in Washington, DC at which interested
persons, including individuals with disabilities, are provided
an opportunity to express their views with respect to the preliminary
determination of equivalency; and
(b) The Assistant Attorney General, after
consultation with the Architectural and Transportation Barriers
Compliance Board, and consideration of the materials and information
submitted pursuant to this section and Sec.36.603, shall issue
either a certification of equivalency or a final determination
to deny the request for certification. He or she shall publish
notice of the certification of equivalency or denial of certification
in the Federal Register.
Sec.36.606 Procedure following preliminary
denial of certification.
(a) If the Assistant Attorney General makes
a Preliminary determination to deny certification of a code under
Sec.36.604, he or she shall notify the submitting official of
the determination. The notification may include specification
of the manner in which the code could be amended in order to qualify
for certification.
(b) The Assistant Attorney General shall allow
the submitting official not less than 15 days to submit data,
views, and arguments in opposition to the preliminary determination
to deny certification. If the submitting official does not submit
materials, the Assistant Attorney General shall not be required
to take any further action. If the submitting official submits
materials, the Assistant Attorney General shall evaluate those
materials and any other relevant information. After evaluation
of any newly submitted materials, the Assistant Attorney General
shall make either a final denial of certification or a preliminary
determination of equivalency.
Sec.36.607 Effect of certification.
(a)(1) A certification shall be considered
a certification of equivalency only with respect to those features
or elements that are both covered by the certified code and addressed
by the standards against which equivalency is measured.
(2) For example, if certain equipment is not
covered by the code, the determination of equivalency cannot be
used as evidence with respect to the question of whether equipment
in a building built according to the code satisfies the Act's
requirements with respect to such equipment. By the same token,
certification would not be relevant to construction of a facility
for children, if the regulations against which equivalency is
measured do not address children's facilities.
(b) A certification of equivalency is effective
only with respect to the particular edition of the code for which
certification is granted. Any amendments or other changes to the
code after the date of the certified edition are not considered
part of the certification.
(c) A submitting official may reapply for
certification of amendments or other changes to a code that has
already received certification.
Sec.36.608 Guidance concerning model codes.
Upon application by an authorized representative
of a private entity responsible for developing a model code, the
Assistant Attorney General may review the relevant model code
and issue guidance concerning whether and in what respects the
model code is consistent with the minimum requirements of the
Act for the accessibility and usability of places of public accommodation
and commercial facilities under this part.
Pt. 36, App. A
Appendix A to Part 36 -- Standards for Accessible
Design
1. PURPOSE . . . . . . . . . . . . . . . .
. . . . . . . . . . 1
2. GENERAL. . . . . . . . . . . . . . . .
. . . . . . . . . . 1 2.1 Provisions for Adults . . . . . .
. . . . . . . . . . 1 2.2* Equivalent Facilitation. . . . .
. . . . . . . . . . 1
3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS
. . . . . . . . 1 3.1 Graphic Conventions . . . . . . . . .
. . . . . . . . 1 3.2 Dimensional Tolerances. . . . . . . .
. . . . . . . . 1 3.3 Notes . . . . . . . . . . . . . . . .
. . . . . . . . 1 3.4 General Terminology . . . . . . . . .
. . . . . . . . 2 3.5 Definitions . . . . . . . . . . . . .
. . . . . . . . 2
4. ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL
REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . 7 4.1 Minimum Requirements . . . . . . . . . . . . . . . . 7 4.1.1* Application . . . . . . . . . . . . . . . . . . . 7 4.1.2 Accessible Sites and Exterior Facilities:
New Construction. . . . . . . . . . . .
. . . 9 4.1.3 Accessible Buildings: New Construction . .
. . . . 11 4.1.4 (Reserved) . . . . . . . . . . . . . . . .
. . . . 18 4.1.5 Accessible Buildings: Additions. . . . . .
. . . . 18 4.1.6 Accessible Buildings: Alterations. . . . .
. . . . 18 4.1.7 Accessible Buildings: Historic Preservation.
. . . 23 4.2 Space Allowance and Reach Ranges . . . . . . .
. . . 25 4.3 Accessible Route . . . . . . . . . . . . . . .
. . . 26 4.4 Protruding Objects . . . . . . . . . . . . . .
. . . 29 4.5 Ground and Floor Surfaces . . . . . . . . . .
. . . 30 4.6 Parking and Passenger Loading Zones . . . . .
. . . 30 4.7 Curb Ramps . . . . . . . . . . . . . . . . . .
. . . 31 4.8 Ramps . . . . . . . . . . . . . . . . . . . .
. . . 32 4.9 Stairs . . . . . . . . . . . . . . . . . . . .
. . . 34 4.10 Elevators . . . . . . . . . . . . . . . . . .
. . . 35 4.11 Platform Lifts (Wheelchair Lifts) . . . . . .
. . . 38 4.12 Windows . . . . . . . . . . . . . . . . . . .
. . . 38 4.13 Doors . . . . . . . . . . . . . . . . . . . .
. . . 39 4.14 Entrances . . . . . . . . . . . . . . . . . .
. . . 41 4.15 Drinking Fountains and Water Coolers . . . .
. . . 41 4.16 Water Closets . . . . . . . . . . . . . . . .
. . . 42 4.17 Toilet Stalls . . . . . . . . . . . . . . . .
. . . 42 4.18 Urinals . . . . . . . . . . . . . . . . . . .
. . . 43 4.19 Lavatories and Mirrors . . . . . . . . . . .
. . . 44 4.20 Bathtubs . . . . . . . . . . . . . . . . . .
. . . 44 4.21 Shower Stalls . . . . . . . . . . . . . . . .
. . . 45 4.22 Toilet Rooms . . . . . . . . . . . . . . . .
. . . 46 4.23 Bathrooms, Bathing Facilities, and Shower Rooms
. . 47 4.24 Sinks . . . . . . . . . . . . . . . . . . . . .
. . 48 4.25 Storage . . . . . . . . . . . . . . . . . . . .
. . 48 4.26 Handrails, Grab Bars, and Tub and Shower Seats
. . 49 4.27 Controls and Operating Mechanisms . . . . . . .
. . 50 4.28 Alarms . . . . . . . . . . . . . . . . . . . .
. . 50 4.29 Detectable Warnings . . . . . . . . . . . . . .
. . 52 4.30 Signage . . . . . . . . . . . . . . . . . . . .
. . 52 4.31 Telephones . . . . . . . . . . . . . . . . . .
. . 54 4.32 Fixed or Built-in Seating and Tables . . . . .
. . 55 4.33 Assembly Areas . . . . . . . . . . . . . . . .
. . 56 4.34 Automated Teller Machines . . . . . . . . . . .
. . 57 4.35 Dressing and Fitting Rooms . . . . . . . . . .
. . 57
5. RESTAURANTS AND CAFETERIAS. . . . . . .
. . . . . . . . . . 58
6. MEDICAL CARE FACILITIES . . . . . . . .
. . . . . . . . . . 59
7. BUSINESS AND MERCANTILE . . . . . . . .
. . . . . . . . . . 61
8. LIBRARIES . . . . . . . . . . . . . . .
. . . . . . . . . . 63
9. ACCESSIBLE TRANSIENT LODGING. . . . . .
. . . . . . . . . . 63
10. TRANSPORTATION FACILITIES. . . . . . .
. . . . . . . . . . 70
APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
1. PURPOSE.
This document sets guidelines for accessibility to places of public accommodation and commercial facilities by individuals with disabilities. These guidelines are to be applied during the design, construction, and alteration of such buildings and
facilities to the extent required by regulations
issued by Federal agencies, including the Department of Justice,
under the Americans with Disabilities Act of 1990.
The technical specifications 4.2 through 4.35,
of these guidelines are the same as those of the American National
Standard Institute's document A117.1-1980, except as noted in
this text by italics. However, sections 4.1.1 through 4.1.7 and
sections 5 through 10 are different from ANSI A117.1 in their
entirety and are printed in standard type.
The illustrations and text of ANSI A117.1 are
reproduced with permission from the American National Standards
Institute. Copies of the standard may be purchased from the American
National Standards Institute at 1430 Broadway, New York, New York
10018.
2. GENERAL.
2.1 Provisions for Adults. The specifications
in these guidelines are based upon adult dimensions and anthropometrics.
2.2* Equivalent Facilitation. Departures from
particular technical and scoping requirements of this guideline
by the use of other designs and technologies are permitted where
the alternative designs and technologies used will provide substantially
equivalent or greater access to and usability of the facility.
3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS.
3.1 Graphic Conventions. Graphic conventions
are shown in Table 1. Dimensions that are not marked minimum
or maximum are absolute, unless otherwise indicated in the text
or captions.
3.2 Dimensional Tolerances. All dimensions are subject to
conventional building industry tolerances for
field conditions.
3.3 Notes. The text of these guidelines does
not contain notes or footnotes. Additional information, explanations,
and advisory materials are located in the Appendix. Paragraphs
marked with an asterisk have related, nonmandatory material in
the Appendix. In the Appendix, the corresponding paragraph numbers
are preceded by an A.
3.4 General Terminology.
comply with. Meet one or more specifications
of these guidelines.
if, if ... then. Denotes a specification that
applies only when the conditions described are present.
may. Denotes an option or alternative.
shall. Denotes a mandatory specification or
requirement.
should. Denotes an advisory specification
or recommendation.
3.5 Definitions.
Access Aisle. An accessible pedestrian space between elements, such as parking spaces, seating, and desks, that provides
clearances appropriate for use of the elements.
Accessible. Describes a site, building, facility,
or portion thereof that complies with these guidelines.
Accessible Element. An element specified by
these guidelines (for example, telephone, controls, and the like).
Accessible Route. A continuous unobstructed
path connecting all accessible elements and spaces of a building
or facility. Interior accessible routes may include corridors,
floors, ramps, elevators, lifts, and clear floor space at fixtures.
Exterior accessible routes may include parking access aisles,
curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.
Accessible Space. Space that complies with
these guidelines.
Adaptability. The ability of certain building
spaces and elements, such as kitchen counters, sinks, and grab
bars, to be added or altered so as to accommodate the needs of
individuals with or without disabilities or to accommodate the
needs of persons with different types or degrees of disability.
Addition. An expansion, extension, or increase
in the gross floor area of a building or facility.
Administrative Authority. A governmental agency
that adopts or enforces regulations and guidelines for the design,
construction, or alteration of buildings and facilities.
Alteration. An alteration is a change to a
building or facility made by, on behalf of, or for the use of
a public accommodation or commercial facility, that affects or
could affect the usability of the building or facility or part
thereof. Alterations include, but are not limited to, remodeling,
renovation, rehabilitation, reconstruction, historic restoration,
changes or rearrangement of the structural parts or elements,
and changes or rearrangement in the plan configuration of walls
and full-height partitions. Normal maintenance, reroofing, painting
or wallpapering, or changes to mechanical and electrical systems
are not alterations unless they affect the usability of the building
or facility.
Area of Rescue Assistance. An area, which has direct access to an exit, where people who are unable to use stairs may remain
temporarily in safety to await further instructions
or assistance during emergency evacuation.
Assembly Area. A room or space accommodating a group of
individuals for recreational, educational,
political, social, or amusement purposes, or for the consumption
of food and drink. Automatic Door. A door equipped with a power-operated
mechanism and controls that open and close the door automatically
upon receipt of a momentary actuating signal. The switch that
begins the automatic cycle may be a photoelectric device, floor
mat, or manual switch (see power-assisted door).
Building. Any structure used and intended
for supporting or sheltering any use or occupancy.
Circulation Path. An exterior or interior
way of passage from one place to another for pedestrians, including,
but not limited to, walks, hallways, courtyards, stairways, and
stair landings.
Clear. Unobstructed.
Clear Floor Space. The minimum unobstructed
floor or ground space required to accommodate a single, stationary
wheelchair and occupant.
Closed Circuit Telephone. A telephone with
dedicated line(s) such as a house phone, courtesy phone or phone
that must be used to gain entrance to a facility.
Common Use. Refers to those interior and exterior
rooms, spaces, or elements that are made available for the use
of a restricted group of people (for example, occupants of a homeless
shelter, the occupants of an office building, or the guests of
such occupants).
Cross Slope. The slope that is perpendicular
to the direction of travel (see running slope).
Curb Ramp. A short ramp cutting through a
curb or built up to it.
Detectable Warning. A standardized surface
feature built in or applied to walking surfaces or other elements
to warn visually impaired people of hazards on a circulation path.
Dwelling Unit. A single unit which provides
a kitchen or food preparation area, in addition to rooms and spaces
for living, bathing, sleeping, and the like. Dwelling units include
a single family home or a townhouse used as a transient group
home; an apartment building used as a shelter; guestrooms in
a hotel that provide sleeping accommodations and food preparation
areas; and other similar facilities used on a transient basis.
For purposes of these guidelines, use of the term "Dwelling
Unit" does not imply the unit is used as a residence.
Egress, Means of. A continuous and unobstructed
way of exit travel from any point in a building or facility to
a public way. A means of egress comprises vertical and horizontal
travel and may include intervening room spaces, doorways, hallways,
corridors, passageways, balconies, ramps, stairs, enclosures,
lobbies, horizontal exits, courts and yards. An accessible means
of egress is one that complies with these guidelines and does
not include stairs, steps, or escalators. Areas of rescue assistance
or evacuation elevators may be included as part of accessible
means of egress.
Element. An architectural or mechanical component
of a building, facility, space, or site, e.g., telephone, curb
ramp, door, drinking fountain, seating, or water closet.
Entrance. Any access point to a building or
portion of a building or facility used for the purpose of entering.
An entrance includes the approach walk, the vertical access leading
to the entrance platform, the entrance platform itself, vestibules
if provided, the entry door(s) or gate(s), and the hardware of
the entry door(s) or gate(s).
Facility. All or any portion of buildings,
structures, site improvements, complexes, equipment, roads, walks,
passageways, parking lots, or other real or personal property
located on a site.
Ground Floor. Any occupiable floor less than
one story above or below grade with direct access to grade. A
building or facility always has at least one ground floor and
may have more than one ground floor as where a split level entrance
has been provided or where a building is built into a hillside.
Mezzanine or Mezzanine Floor. That portion
of a story which is an intermediate floor level placed within
the story and having occupiable space above and below its floor.
Marked Crossing. A crosswalk or other identified
path intended for pedestrian use in crossing a vehicular way.
Multifamily Dwelling. Any building containing
more than two dwelling units.
Occupiable. A room or enclosed space designed
for human occupancy in which individuals congregate for amusement,
educational or similar purposes, or in which occupants are engaged
at labor, and which is equipped with means of egress, light, and
ventilation.
Operable Part. A part of a piece of equipment
or appliance used to insert or withdraw objects, or to activate,
deactivate, or adjust the equipment or appliance (for example,
coin slot, pushbutton, handle).
Path of Travel. (Reserved).
Power-assisted Door. A door used for human passage with a
mechanism that helps to open the door, or relieves the opening resistance of a door, upon the activation of a switch or a
continued force applied to the door itself.
Public Use. Describes interior or exterior
rooms or spaces that are made available to the general public.
Public use may be provided at a building or facility that is
privately or publicly owned.
Ramp. A walking surface which has a running
slope greater than 1:20.
Running Slope. The slope that is parallel
to the direction of travel (see cross slope).
Service Entrance. An entrance intended primarily
for delivery of goods or services.
Signage. Displayed verbal, symbolic, tactile,
and pictorial information.
Site. A parcel of land bounded by a property
line or a designated portion of a public right-of-way.
Site Improvement. Landscaping, paving for
pedestrian and vehicular ways, outdoor lighting, recreational
facilities, and the like, added to a site.
Sleeping Accommodations. Rooms in which people
sleep; for example, dormitory and hotel or motel guest rooms or
suites.
Space. A definable area, e.g., room, toilet
room, hall, assembly area, entrance, storage room, alcove, courtyard,
or lobby.
Story. That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. If such portion of a building does not include occupiable space, it is not considered a story for purposes of these
guidelines. There may be more than one floor
level within a story as in the case of a mezzanine or mezzanines.
Structural Frame. The structural frame shall
be considered to be the columns and the girders, beams, trusses
and spandrels having direct connections to the columns and all
other members which are essential to the stability of the building
as a whole.
Tactile. Describes an object that can be perceived
using the sense of touch.
Text Telephone. Machinery or equipment that employs interactive graphic (i.e., typed) communications through the transmission of coded signals across the standard telephone network. Text
telephones can include, for example, devices
known as TDD's (telecommunication display devices or telecommunication
devices for deaf persons) or computers.
Transient Lodging. A building, facility, or
portion thereof, excluding inpatient medical care facilities,
that contains one or more dwelling units or sleeping accommodations.
Transient lodging may include, but is not limited to, resorts,
group homes, hotels, motels, and dormitories.
Vehicular Way. A route intended for vehicular
traffic, such as a street, driveway, or parking lot.
Walk. An exterior pathway with a prepared
surface intended for pedestrian use, including general pedestrian
areas such as plazas and courts.
NOTE: Sections 4.1.1 through 4.1.7 are different
from ANSI A117.1 in their entirety and are printed in standard
type (ANSI A117.1 does not include scoping provisions).
4. ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL
REQUIREMENTS.
4.1 Minimum Requirements
4.1.1* Application.
(1) General. All areas of newly designed or newly constructed buildings and facilities required to be accessible by 4.1.2 and 4.1.3 and altered portions of existing buildings and facilities required to be accessible by 4.1.6 shall comply with these
guidelines, 4.1 through 4.35, unless otherwise
provided in this section or as modified in a special application
section.
(2) Application Based on Building Use. Special application sections 5 through 10 provide additional requirements for
restaurants and cafeterias, medical care facilities, business and mercantile, libraries, accessible transient lodging, and
transportation facilities. When a building
or facility contains more than one use covered by a special application
section, each portion shall comply with the requirements for that
use.
(3)* Areas Used Only by Employees as Work
Areas. Areas that are used only as work areas shall be designed
and constructed so that individuals with disabilities can approach,
enter, and exit the areas. These guidelines do not require that
any areas used only as work areas be constructed to permit maneuvering
within the work area or be constructed or equipped (i.e., with
racks or shelves) to be accessible.
(4) Temporary Structures. These guidelines
cover temporary buildings or facilities as well as permanent facilities.
Temporary buildings and facilities are not of permanent construction
but are extensively used or are essential for public use for a
period of time. Examples of temporary buildings or facilities
covered by these guidelines include, but are not limited to: reviewing
stands, temporary classrooms, bleacher areas, exhibit areas, temporary
banking facilities, temporary health screening services, or temporary
safe pedestrian passageways around a construction site. Structures,
sites and equipment directly associated with the actual processes
of construction, such as scaffolding, bridging, materials hoists,
or construction trailers are not included.
(5) General Exceptions.
(a) In new construction, a person or entity is not required to meet fully the requirements of these guidelines where that person or entity can demonstrate that it is structurally impracticable to do so. Full compliance will be considered structurally
impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of
accessibility features. If full compliance with the requirements of these guidelines is structurally impracticable, a person or entity shall comply with the requirements to the extent it is not structurally impracticable. Any portion of the building or facility which can be made accessible shall comply to the extent that it is not structurally impracticable.
(b) Accessibility is not required to (i) observation
galleries used primarily for security purposes; or (ii) in non-occupiable
spaces accessed only by ladders, catwalks, crawl spaces, very
narrow passageways, or freight (non-passenger) elevators, and
frequented only by service personnel for repair purposes; such
spaces include, but are not limited to, elevator pits, elevator
penthouses, piping or equipment catwalks.
4.1.2 Accessible Sites and Exterior Facilities:
New Construction. An accessible site shall meet the following
minimum requirements:
(1) At least one accessible route complying
with 4.3 shall be provided within the boundary of the site from
public transportation stops, accessible parking spaces, passenger
loading zones if provided, and public streets or sidewalks, to
an accessible building entrance.
(2) At least one accessible route complying
with 4.3 shall connect accessible buildings, accessible facilities,
accessible elements, and accessible spaces that are on the same
site.
(3) All objects that protrude from surfaces
or posts into circulation paths shall comply with 4.4.
(4) Ground surfaces along accessible routes
and in accessible spaces shall comply with 4.5.
(5) (a) If parking spaces are provided for
self-parking by employees or visitors, or both, then accessible
spaces complying with 4.6 shall be provided in each such parking
area in conformance with the table below. Spaces required by
the table need not be provided in the particular lot. They may
be provided in a different location if equivalent or greater accessibility,
in terms of distance from an accessible entrance, cost and convenience
is ensured.
Required Minimum Number
Total Parking in Lot of Accessible
Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20, plus 1 for each
100 over 1000
Except as provided in (b), access aisles adjacent
to accessible spaces shall be 60 in (1525 mm) wide minimum.
(b) One in every eight accessible spaces, but
not less than one, shall be served by an access aisle 96 in (2440
mm) wide minimum and shall be designated "van accessible"
as required by 4.6.4. The vertical clearance at such spaces shall
comply with 4.6.5. All such spaces may be grouped on one level
of a parking structure.
EXCEPTION: Provision of all required parking
spaces in conformance with "Universal Parking Design"
(see appendix A4.6.3) is permitted.
(c) If passenger loading zones are provided,
then at least one passenger loading zone shall comply with 4.6.6.
(d) At facilities providing medical care and
other services for persons with mobility impairments, parking
spaces complying with 4.6 shall be provided in accordance with
4.1.2(5)(a) except as follows:
(i) Outpatient units and facilities: 10 percent
of the total number of parking spaces provided serving each such
outpatient unit or facility;
(ii) Units and facilities that specialize
in treatment or services for persons with mobility impairments:
20 percent of the total number of parking spaces provided serving
each such unit or facility.
(e)* Valet parking: Valet parking facilities shall provide a passenger loading zone complying with 4.6.6 located on an
accessible route to the entrance of the facility.
Paragraphs 5(a), 5(b), and 5(d) of this section do not apply
to valet parking facilities.
(6) If toilet facilities are provided on
a site, then each such public or common use toilet facility shall
comply with 4.22. If bathing facilities are provided on a site,
then each such public or common use bathing facility shall comply
with 4.23.
For single user portable toilet or bathing units clustered at a single location, at least 5% but no less than one toilet unit or bathing unit complying with 4.22 or 4.23 shall be installed at each cluster whenever typical inaccessible units are provided.
Accessible units shall be identified by the
International Symbol of Accessibility.
EXCEPTION: Portable toilet units at construction
sites used exclusively by construction personnel are not required
to comply with 4.1.2(6).
(7) Building Signage. Signs which designate
permanent rooms and spaces shall comply with 4.30.1, 4.30.4, 4.30.5
and 4.30.6. Other signs which provide direction to, or information
about, functional spaces of the building shall comply with 4.30.1,
4.30.2, 4.30.3, and 4.30.5. Elements and spaces of accessible
facilities which shall be identified by the International Symbol
of Accessibility and which shall comply with 4.30.7 are:
(a) Parking spaces designated as reserved for
individuals with disabilities;
(b) Accessible passenger loading zones;
(c) Accessible entrances when not all are accessible
(inaccessible entrances shall have directional
signage to indicate the route to the nearest accessible entrance);
(d) Accessible toilet and bathing facilities
when not all are accessible.
4.1.3 Accessible Buildings: New Construction. Accessible buildings and facilities shall meet the following minimum requirements:
(1) At least one accessible route complying with 4.3 shall connect accessible building or facility entrances with all
accessible spaces and elements within the building or facility.
(2) All objects that overhang or protrude
into circulation paths shall comply with 4.4.
(3) Ground and floor surfaces along accessible
routes and in accessible rooms and spaces shall comply with 4.5.
(4) Interior and exterior stairs connecting
levels that are not connected by an elevator, ramp, or other accessible
means of vertical access shall comply with 4.9.
(5)* One passenger elevator complying with 4.10 shall serve each level, including mezzanines, in all multi-story buildings and facilities unless exempted below. If more than one elevator is provided, each full passenger elevator shall comply with 4.10.
EXCEPTION 1: Elevators are not required in
facilities that are less than three stories or that have less
than 3000 square feet per story unless the building is a shopping
center, a shopping mall, or the professional office of a health
care provider, or another type of facility as determined by the
Attorney General. The elevator exemption set forth in this paragraph
does not obviate or limit in any way the obligation to comply
with the other accessibility requirements established in section
4.1.3. For example, floors above or below the accessible ground
floor must meet the requirements of this section except for elevator
service. If toilet or bathing facilities are provided on a level
not served by an elevator, then toilet or bathing facilities must
be provided on the accessible ground floor. In new construction
if a building or facility is eligible for this exemption but a
full passenger elevator is nonetheless planned, that elevator
shall meet the requirements of 4.10 and shall serve each level
in the building. A full passenger elevator that provides service
from a garage to only one level of a building or facility is not
required to serve other levels.
EXCEPTION 2: Elevator pits, elevator penthouses,
mechanical rooms, piping or equipment catwalks are exempted from
this requirement.
EXCEPTION 3: Accessible ramps complying with
4.8 may be used in lieu of an elevator.
EXCEPTION 4: Platform lifts (wheelchair lifts)
complying with 4.11 of this guideline and applicable state or
local codes may be used in lieu of an elevator only under the
following conditions:
(a) To provide an accessible route to a performing
area in an assembly occupancy.
(b) To comply with the wheelchair viewing position
line-of-sight and dispersion requirements of 4.33.3.
(c) To provide access to incidental occupiable
spaces and rooms which are not open to the general public and
which house no more than five persons, including but not limited
to equipment control rooms and projection booths.
(d) To provide access where existing site constraints
or other constraints make use of a ramp or an elevator infeasible.
(6) Windows: (Reserved).
(7) Doors:
(a) At each accessible entrance to a building
or facility, at least one door shall comply with 4.13.
(b) Within a building or facility, at least
one door at each accessible space shall comply with 4.13.
(c) Each door that is an element of an accessible
route shall comply with 4.13.
(d) Each door required by 4.3.10, Egress, shall comply with 4.13.
(8) In new construction, at a minimum, the
requirements in (a) and (b) below shall be satisfied independently:
(a)(i) At least 50% of all public entrances
(excluding those in (b) below) must be accessible. At least one
must be a ground floor entrance. Public entrances are any entrances
that are not loading or service entrances.
(ii) Accessible entrances must be provided
in a number at least equivalent to the number of exits required
by the applicable building/fire codes. (This paragraph does not
require an increase in the total number of entrances planned for
a facility.)
(iii) An accessible entrance must be provided
to each tenancy in a facility (for example, individual stores
in a strip shopping center).
One entrance may be considered as meeting more
than one of the requirements in (a). Where feasible, accessible
entrances shall be the entrances used by the majority of people
visiting or working in the building.
(b)(i) In addition, if direct access is provided
for pedestrians from an enclosed parking garage to the building,
at least one direct entrance from the garage to the building must
be accessible.
(ii) If access is provided for pedestrians from a pedestrian tunnel or elevated walkway, one entrance to the building from each tunnel or walkway must be
accessible.
One entrance may be considered as meeting more
than one of the requirements in (b).
Because entrances also serve as emergency exits
whose proximity to all parts of buildings and facilities is essential,
it is preferable that all entrances be accessible.
(c) If the only entrance to a building, or
tenancy in a facility, is a service entrance, that entrance shall
be accessible.
(d) Entrances which are not accessible shall
have directional signage complying with 4.30.1, 4.30.2, 4.30.3,
and 4.30.5, which indicates the location of the nearest accessible
entrance.
(9)* In buildings or facilities, or portions of buildings or facilities, required to be accessible, accessible means of egress shall be provided in the same number as required for exits by local building/life safety regulations. Where a required exit from an occupiable level above or below a level of accessible exit
discharge is not accessible, an area of rescue assistance shall be provided on each such level (in a number equal to that of
inaccessible required exits). Areas of rescue assistance shall comply with 4.3.11. A horizontal exit, meeting the requirements of local building/life safety regulations, shall satisfy the
requirement for an area of rescue assistance.
EXCEPTION: Areas of rescue assistance are not
required in buildings or facilities having a supervised automatic
sprinkler system.
(10)* Drinking Fountains:
(a) Where only one drinking fountain is provided
on a floor there shall be a drinking fountain which is accessible
to individuals who use wheelchairs in accordance with 4.15 and
one accessible to those who have difficulty bending or stooping.
(This can be accommodated by the use of a "hi-lo" fountain;
by providing one fountain accessible to those who use wheelchairs
and one fountain at a standard height convenient for those who
have difficulty bending; by providing a fountain accessible under
4.15 and a water cooler; or by such other means as would achieve
the required accessibility for each group on each floor.)
(b) Where more than one drinking fountain or
water cooler is provided on a floor, 50% of those provided shall
comply with 4.15 and shall be on an accessible route.
(11) Toilet Facilities: If toilet rooms
are provided, then each public and common use toilet room shall
comply with 4.22. Other toilet rooms provided for the use of
occupants of specific spaces (i.e., a private toilet room for
the occupant of a private office) shall be adaptable. If bathing
rooms are provided, then each public and common use bathroom shall
comply with 4.23. Accessible toilet rooms and bathing facilities
shall be on an accessible route.
(12) Storage, Shelving and Display Units:
(a) If fixed or built-in storage facilities
such as cabinets, shelves, closets, and drawers are provided in
accessible spaces, at least one of each type provided shall contain
storage space complying with 4.25. Additional storage may be
provided outside of the dimensions required by 4.25.
(b) Shelves or display units allowing self-service
by customers in mercantile occupancies shall be located on an
accessible route complying with 4.3. Requirements for accessible
reach range do not apply.
(13) Controls and operating mechanisms in
accessible spaces, along accessible routes, or as parts of accessible
elements (for example, light switches and dispenser controls)
shall comply with 4.27.
(14) If emergency warning systems are provided,
then they shall include both audible alarms and visual alarms
complying with 4.28. Sleeping accommodations required to comply
with 9.3 shall have an alarm system complying with 4.28. Emergency
warning systems in medical care facilities may be modified to
suit standard health care alarm design practice.
(15) Detectable warnings shall be provided
at locations as specified in 4.29.
(16) Building Signage:
(a) Signs which designate permanent rooms
and spaces shall comply with 4.30.1, 4.30.4, 4.30.5 and 4.30.6.
(b) Other signs which provide direction to
or information about functional spaces of the building shall comply
with 4.30.1, 4.30.2, 4.30.3, and 4.30.5.
EXCEPTION: Building directories, menus, and
all other signs which are temporary are not required to comply.
(17) Public telephones:
(a) If public pay telephones, public closed circuit
telephones, or other public telephones are
provided, then they shall comply with 4.31.2 through 4.31.8 to
the extent required by the following table:
Number of each type of Number of telephones
telephone provided on required to comply with
each floor 4.31.2 through 4.31.81
1 or more single unit 1 per floor
1 bank2 1 per floor
2 or more banks2 1 per bank. Accessible
unit may be installed as a single unit in proximity (either visible
or with signage) to the bank. At least one public telephone per
floor shall meet the requirements for a forward reach telephone3.
1 Additional public telephones may be installed at any height. Unless otherwise specified, accessible telephones may be either forward or side reach telephones.
2 A bank consists of two or more adjacent public
telephones, often installed as a unit.
3 EXCEPTION: For exterior installations only,
if dial tone first service is available, then a side reach telephone
may be installed instead of the required forward reach telephone
(i.e., one telephone in proximity to each bank shall comply with
4.31).
(b)* All telephones required to be accessible
and complying with 4.31.2 through 4.31.8 shall be equipped with
a volume control. In addition, 25 percent, but never less than
one, of all other public telephones provided shall be equipped
with a volume control and shall be dispersed among all types of
public telephones, including closed circuit telephones, throughout
the building or facility. Signage complying with applicable provisions
of 4.30.7 shall be provided.
(c) The following shall be provided in accordance
with 4.31.9:
(i) if a total number of four or more public
pay telephones (including both interior and exterior phones) is
provided at a site, and at least one is in an interior location,
then at least one interior public text telephone shall be provided.
(ii) if an interior public pay telephone
is provided in a stadium or arena, in a convention center, in
a hotel with a convention center, or in a covered mall, at least
one interior public text telephone shall be provided in the facility.
(iii) if a public pay telephone is located
in or adjacent to a hospital emergency room, hospital recovery
room, or hospital waiting room, one public text telephone shall
be provided at each such location.
(d) Where a bank of telephones in the interior of a building consists of three or more public pay telephones, at least one public pay telephone in each such bank shall be equipped with a shelf and outlet in compliance with 4.31.9(2).
(18) If fixed or built-in seating or tables
(including, but not limited to, study carrels and student laboratory
stations), are provided in accessible public or common use areas,
at least five percent (5%), but not less than one, of the fixed
or built-in seating areas or tables shall comply with 4.32. An
accessible route shall lead to and through such fixed or built-in
seating areas, or tables.
(19)* Assembly areas:
(a) In places of assembly with fixed seating
accessible wheelchair locations shall comply with 4.33.2, 4.33.3,
and 4.33.4 and shall be provided consistent with the following
table:
Capacity of Seating Number of Required
in Assembly Areas Wheelchair Locations
4 to 25 1
26 to 50 2
51 to 300 4
301 to 500 6
over 500 6, plus 1 additional space
for each total seating capacity increase of 100
In addition, one percent, but not less than
one, of all fixed seats shall be aisle seats with no armrests
on the aisle side, or removable or folding armrests on the aisle
side. Each such seat shall be identified by a sign or marker.
Signage notifying patrons of the availability of such seats shall
be posted at the ticket office. Aisle seats are not required
to comply with 4.33.4.
(b) This paragraph applies to assembly areas where audible communications are integral to the use of the space (e.g., concert and lecture halls, playhouses and movie theaters, meeting rooms, etc.). Such assembly areas, if (1) they accommodate at least 50 persons, or if they have audio-amplification systems, and (2) they have fixed seating, shall have a permanently installed assistive listening system complying with 4.33. For other assembly areas, a permanently installed assistive listening system, or an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system shall be provided. The minimum number of receivers to be provided shall be equal to 4 percent of the total number of seats, but in no case less than two. Signage complying with applicable provisions of 4.30 shall be installed to notify patrons of the availability of a listening system.
(20) Where automated teller machines (ATMs)
are provided, each ATM shall comply with the requirements of 4.34
except where two or more are provided at a location, then only
one must comply.
EXCEPTION: Drive-up-only automated teller machines
are not required to comply with 4.27.2, 4.27.3 and 4.34.3.
(21) Where dressing and fitting rooms are
provided for use by the general public, patients, customers or
employees, 5 percent, but never less than one, of dressing rooms
for each type of use in each cluster of dressing rooms shall be
accessible and shall comply with 4.35.
Examples of types of dressing rooms are those
serving different genders or distinct and different functions
as in different treatment or examination facilities.
4.1.4 (Reserved).
4.1.5 Accessible Buildings: Additions. Each
addition to an existing building or facility shall be regarded
as an alteration. Each space or element added to the existing
building or facility shall comply with the applicable provisions
of 4.1.1 to 4.1.3, Minimum Requirements (for New Construction)
and the applicable technical specifications of 4.2 through 4.35
and sections 5 through 10. Each addition that affects or could
affect the usability of an area containing a primary function
shall comply with 4.1.6(2).
4.1.6 Accessible Buildings: Alterations.
(1) General. Alterations to existing buildings and facilities shall comply with the following:
(a) No alteration shall be undertaken
which decreases or has the effect of decreasing accessibility
or usability of a building or facility below the requirements
for new construction at the time of alteration.
(b) If existing elements, spaces, or common
areas are altered, then each such altered element, space, feature,
or area shall comply with the applicable provisions of 4.1.1 to
4.1.3 Minimum Requirements (for New Construction). If the applicable
provision for new construction requires that an element, space,
or common area be on an accessible route, the altered element,
space, or common area is not required to be on an accessible route
except as provided in 4.1.6(2) (Alterations to an Area Containing
a Primary Function.)
(c) If alterations of single elements, when considered together, amount to an alteration of a room or space in a building or facility, the entire space shall be made accessible.
(d) No alteration of an existing element, space, or area of a building or facility shall impose a requirement for greater accessibility than that which would be required for new
construction. For example, if the elevators
and stairs in a building are being altered and the elevators are,
in turn, being made accessible, then no accessibility modifications
are required to the stairs connecting levels connected by the
elevator. If stair modifications to correct unsafe conditions
are required by other codes, the modifications shall be done in
compliance with these guidelines unless technically infeasible.
(e) At least one interior public text
telephone complying with 4.31.9 shall be provided if:
(i) alterations to existing buildings
or facilities with less than four exterior or interior public
pay telephones would increase the total number to four or more
telephones with at least one in an interior location; or
(ii) alterations to one or more exterior or interior public pay telephones occur in an existing building or facility with four or more public telephones with at least one in an interior location.
(f) If an escalator or stair is planned
or installed where none existed previously and major structural
modifications are necessary for such installation, then a means
of accessible vertical access shall be provided that complies
with the applicable provisions of 4.7, 4.8, 4.10, or 4.11.
(g) In alterations, the requirements of
4.1.3(9), 4.3.10 and 4.3.11 do not apply.
(h)* Entrances: If a planned alteration entails alterations to an entrance, and the building has an accessible entrance, the entrance being altered is not required to comply with 4.1.3(8), except to the extent required by 4.1.6(2). If a particular entrance is not made accessible, appropriate accessible signage indicating the location of the nearest accessible entrance(s) shall be installed at or near the inaccessible entrance, such that a person with disabilities will not be required to retrace the approach route from the inaccessible entrance.
(i) If the alteration work is limited solely to the
electrical, mechanical, or plumbing system,
or to hazardous material abatement, or automatic sprinkler retrofitting,
and does not involve the alteration of any elements or spaces
required to be accessible under these guidelines, then 4.1.6(2)
does not apply.
(j) EXCEPTION: In alteration work, if compliance with 4.1.6 is technically infeasible, the alteration shall provide
accessibility to the maximum extent feasible.
Any elements or features of the building or facility that are
being altered and can be made accessible shall be made accessible
within the scope of the alteration.
Technically Infeasible. Means, with respect
to an alteration of a building or a facility, that it has little
likelihood of being accomplished because existing structural conditions
would require removing or altering a load-bearing member which
is an essential part of the structural frame; or because other
existing physical or site constraints prohibit modification or
addition of elements, spaces, or features which are in full and
strict compliance with the minimum requirements for new construction
and which are necessary to provide accessibility.
(k) EXCEPTION:
(i) These guidelines do not require the
installation of an elevator in an altered facility that is less
than three stories or has less than 3,000 square feet per story
unless the building is a shopping center, a shopping mall, the
professional office of a health care provider, or another type
of facility as determined by the Attorney General.
(ii) The exemption provided in paragraph
(i) does not obviate or limit in any way the obligation to comply
with the other accessibility requirements established in these
guidelines. For example, alterations to floors above or below
the ground floor must be accessible regardless of whether the
altered facility has an elevator. If a facility subject to the
elevator exemption set forth in paragraph (i) nonetheless has
a full passenger elevator, that elevator shall meet, to the maximum
extent feasible, the accessibility requirements of these guidelines.
(2) Alterations to an Area Containing a Primary Function: In addition to the requirements of 4.1.6(1), an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by
individuals with disabilities, unless such alterations are
disproportionate to the overall alterations
in terms of cost and scope (as determined under criteria established
by the Attorney General).
(3) Special Technical Provisions for Alterations
to Existing Buildings and Facilities:
(a) Ramps: Curb ramps and interior or
exterior ramps to be constructed on sites or in existing buildings
or facilities where space limitations prohibit the use of a 1:12
slope or less may have slopes and rises as follows:
(i) A slope between 1:10 and 1:12 is
allowed for a maximum rise of 6 inches.
(ii) A slope between 1:8 and 1:10 is
allowed for a maximum rise of 3 inches. A slope steeper than
1:8 is not allowed.
(b) Stairs: Full extension of handrails
at stairs shall not be required in alterations where such extensions
would be hazardous or impossible due to plan configuration.
(c) Elevators:
(i) If safety door edges are provided
in existing automatic elevators, automatic door reopening devices
may be omitted (see 4.10.6).
(ii) Where existing shaft configuration or technical
infeasibility prohibits strict compliance with
4.10.9, the minimum car plan dimensions may be reduced by the
minimum amount necessary, but in no case shall the inside car
area be smaller than 48 in by 48 in.
(iii) Equivalent facilitation may be provided with an elevator car of different dimensions when usability can be
demonstrated and when all other elements required
to be accessible comply with the applicable provisions of 4.10.
For example, an elevator of 47 in by 69 in (1195 mm by 1755 mm)
with a door opening on the narrow dimension, could accommodate
the standard wheelchair clearances shown in Figure 4.
(d) Doors:
(i) Where it is technically infeasible
to comply with clear opening width requirements of 4.13.5, a projection
of 5/8 in maximum will be permitted for the latch side stop.
(ii) If existing thresholds are 3/4 in
high or less, and have (or are modified to have) a beveled edge
on each side, they may remain.
(e) Toilet Rooms:
(i) Where it is technically infeasible
to comply with 4.22 or 4.23, the installation of at least one
unisex toilet/bathroom per floor, located in the same area as
existing toilet facilities, will be permitted in lieu of modifying
existing toilet facilities to be accessible. Each unisex toilet
room shall contain one water closet complying with 4.16 and one
lavatory complying with 4.19, and the door shall have a privacy
latch.
(ii) Where it is technically infeasible to install a required standard stall (Fig. 30(a)), or where other codes prohibit reduction of the fixture count (i.e., removal of a water closet in order to create a double-wide stall), either alternate stall (Fig.30(b)) may be provided in lieu of the standard stall.
(iii) When existing toilet or bathing
facilities are being altered and are not made accessible, signage
complying with 4.30.1, 4.30.2, 4.30.3, 4.30.5, and 4.30.7 shall
be provided indicating the location of the nearest accessible
toilet or bathing facility within the facility.
(f) Assembly Areas:
(i) Where it is technically infeasible
to disperse accessible seating throughout an altered assembly
area, accessible seating areas may be clustered. Each accessible
seating area shall have provisions for companion seating and shall
be located on an accessible route that also serves as a means
of emergency egress.
(ii) Where it is technically infeasible to alter all
performing areas to be on an accessible route,
at least one of each type of performing area shall be made accessible.
(g) Platform Lifts (Wheelchair Lifts): In alterations, platform lifts (wheelchair lifts) complying with 4.11 and
applicable state or local codes may be used as part of an
accessible route. The use of lifts is not
limited to the four conditions in exception 4 of 4.1.3(5)
(h) Dressing Rooms: In alterations where technical
infeasibility can be demonstrated, one dressing
room for each sex on each level shall be made accessible. Where
only unisex dressing rooms are provided, accessible unisex dressing
rooms may be used to fulfill this requirement.
4.1.7 Accessible Buildings: Historic Preservation.
(1) Applicability:
(a) General Rule. Alterations to a qualified
historic building or facility shall comply with 4.1.6 Accessible
Buildings: Alterations, the applicable technical specifications
of 4.2 through 4.35 and the applicable special application sections
5 through 10 unless it is determined in accordance with the procedures
in 4.1.7(2) that compliance with the requirements for accessible
routes (exterior and interior), ramps, entrances, or toilets would
threaten or destroy the historic significance of the building
or facility in which case the alternative requirements in 4.1.7(3)
may be used for the feature.
EXCEPTION: (Reserved).
(b) Definition. A qualified historic
building or facility is a building or facility that is:
(i) Listed in or eligible for listing
in the National Register of Historic Places; or
(ii) Designated as historic under an
appropriate State or local law.
(2) Procedures:
(a) Alterations to Qualified Historic Buildings and
Facilities Subject to Section 106 of the National Historic
Preservation Act:
(i) Section 106 Process. Section 106
of the National Historic Preservation Act (16 U.S.C. 470 f) requires
that a Federal agency with jurisdiction over a Federal, federally
assisted, or federally licensed undertaking consider the effects
of the agency's undertaking on buildings and facilities listed
in or eligible for listing in the National Register of Historic
Places and give the Advisory Council on Historic Preservation
a reasonable opportunity to comment on the undertaking prior to
approval of the undertaking.
(ii) ADA Application. Where alterations
are undertaken to a qualified historic building or facility that
is subject to section 106 of the National Historic Preservation
Act, the Federal agency with jurisdiction over the undertaking
shall follow the section 106 process. If the State Historic Preservation
Officer or Advisory Council on Historic Preservation agrees that
compliance with the requirements for accessible routes (exterior
and interior), ramps, entrances, or toilets would threaten or
destroy the historic significance of the building or facility,
the alternative requirements in 4.1.7(3) may be used for the feature.
(b) Alterations to Qualified Historic Buildings and
Facilities Not Subject to Section 106 of the
National Historic Preservation Act. Where alterations are undertaken
to a qualified historic building or facility that is not subject
to section 106 of the National Historic Preservation Act, if the
entity undertaking the alterations believes that compliance with
the requirements for accessible routes (exterior and interior),
ramps, entrances, or toilets would threaten or destroy the historic
significance of the building or facility and that the alternative
requirements in 4.1.7(3) should be used for the feature, the entity
should consult with the State Historic Preservation Officer.
If the State Historic Preservation Officer agrees that compliance
with the accessibility requirements for accessible routes (exterior
and interior), ramps, entrances or toilets would threaten or destroy
the historical significance of the building or facility, the alternative
requirements in 4.1.7(3) may be used.
(c) Consultation With Interested Persons.
Interested persons should be invited to participate in the consultation
process, including State or local accessibility officials, individuals
with disabilities, and organizations representing individuals
with disabilities.
(d) Certified Local Government Historic Preservation
Programs. Where the State Historic Preservation
Officer has delegated the consultation responsibility for purposes
of this section to a local government historic preservation program
that has been certified in accordance with section 101(c) of the
National Historic Preservation Act of 1966 (16 U.S.C. 470a (c))
and implementing regulations (36 CFR 61.5), the responsibility
may be carried out by the appropriate local government body or
official.
(3) Historic Preservation: Minimum Requirements:
(a) At least one accessible route complying
with 4.3 from a site access point to an accessible entrance shall
be provided.
EXCEPTION: A ramp with a slope no greater than
1:6 for a run not to exceed 2 ft (610 mm) may be used as part
of an accessible route to an entrance.
(b) At least one accessible entrance complying
with 4.14 which is used by the public shall be provided.
EXCEPTION: If it is determined that no entrance
used by the public can comply with 4.14, then access at any entrance
not used by the general public but open (unlocked) with directional
signage at the primary entrance may be used. The accessible entrance
shall also have a notification system. Where security is a problem,
remote monitoring may be used.
(c) If toilets are provided, then at least
one toilet facility complying with 4.22 and 4.1.6 shall be provided
along an accessible route that complies with 4.3. Such toilet
facility may be unisex in design.
(d) Accessible routes from an accessible entrance to all publicly used spaces on at least the level of the accessible entrance shall be provided. Access shall be provided to all levels of a building or facility in compliance with 4.1 whenever
practical.
(e) Displays and written information,
documents, etc., should be located where they can be seen by a
seated person. Exhibits and signage displayed horizontally (e.g.,
open books), should be no higher than 44 in (1120 mm) above the
floor surface.
NOTE: The technical provisions of sections
4.2 through 4.35 are the same as those of the American National
Standard Institute's document A117.1-1980, except as noted in
the text.
4.2 Space Allowance and Reach Ranges.
4.2.1* Wheelchair Passage Width. The minimum
clear width for single wheelchair passage shall be 32 in (815
mm) at a point and 36 in (915 mm) continuously (see Fig. 1 and
24(e)).
4.2.2 Width for Wheelchair Passing. The minimum
width for two wheelchairs to pass is 60 in (1525 mm) (see Fig.
2).
4.2.3* Wheelchair Turning Space. The space required for a
wheelchair to make a 180-degree turn is a clear
space of 60 in (1525 mm) diameter (see Fig. 3(a)) or a T-shaped
space (see Fig. 3(b)).
4.2.4* Clear Floor or Ground Space for Wheelchairs.
4.2.4.1 Size and Approach. The minimum clear
floor or ground space required to accommodate a single, stationary
wheelchair and occupant is 30 in by 48 in (760 mm by 1220 mm)
(see Fig. 4(a)). The minimum clear floor or ground space for
wheelchairs may be positioned for forward or parallel approach
to an object (see Fig. 4(b) and (c)). Clear floor or ground space
for wheelchairs may be part of the knee space required under some
objects.
4.2.4.2 Relationship of Maneuvering Clearance
to Wheelchair Spaces. One full unobstructed side of the clear
floor or ground space for a wheelchair shall adjoin or overlap
an accessible route or adjoin another wheelchair clear floor space.
If a clear floor space is located in an alcove or otherwise confined
on all or part of three sides, additional maneuvering clearances
shall be provided as shown in Fig. 4(d) and (e).
4.2.4.3 Surfaces for Wheelchair Spaces. Clear
floor or ground spaces for wheelchairs shall comply with 4.5.
4.2.5* Forward Reach. If the clear floor space
only allows forward approach to an object, the maximum high forward
reach allowed shall be 48 in (1220 mm) (see Fig. 5(a)). The minimum
low forward reach is 15 in (380 mm). If the high forward reach
is over an obstruction, reach and clearances shall be as shown
in Fig. 5(b).
4.2.6* Side Reach. If the clear floor space
allows parallel approach by a person in a wheelchair, the maximum
high side reach allowed shall be 54 in (1370 mm) and the low side
reach shall be no less than 9 in (230 mm) above the floor (Fig.
6(a) and (b)). If the side reach is over an obstruction, the
reach and clearances shall be as shown in Fig 6(c).
4.3 Accessible Route.
4.3.1* General. All walks, halls, corridors, aisles, skywalks, tunnels, and other spaces that are part of an accessible route shall comply with 4.3.
4.3.2 Location.
(1) At least one accessible route within
the boundary of the site shall be provided from public transportation
stops, accessible parking, and accessible passenger loading zones,
and public streets or sidewalks to the accessible building entrance
they serve. The accessible route shall, to the maximum extent
feasible, coincide with the route for the general public.
(2) At least one accessible route shall
connect accessible buildings, facilities, elements, and spaces
that are on the same site.
(3) At least one accessible route shall
connect accessible building or facility entrances with all accessible
spaces and elements and with all accessible dwelling units within
the building or facility.
(4) An accessible route shall connect at
least one accessible entrance of each accessible dwelling unit
with those exterior and interior spaces and facilities that serve
the accessible dwelling unit.
4.3.3 Width. The minimum clear width of an
accessible route shall be 36 in (915 mm) except at doors (see
4.13.5 and 4.13.6). If a person in a wheelchair must make a turn
around an obstruction, the minimum clear width of the accessible
route shall be as shown in Fig. 7(a) and (b).
4.3.4 Passing Space. If an accessible route
has less than 60 in (1525 mm) clear width, then passing spaces
at least 60 in by 60 in (1525 mm by 1525 mm) shall be located
at reasonable intervals not to exceed 200 ft (61 m). A T-intersection
of two corridors or walks is an acceptable passing place.
4.3.5 Head Room. Accessible routes shall comply
with 4.4.2.
4.3.6 Surface Textures. The surface of an
accessible route shall comply with 4.5.
4.3.7 Slope. An accessible route with a running
slope greater than 1:20 is a ramp and shall comply with 4.8.
Nowhere shall the cross slope of an accessible route exceed 1:50.
4.3.8 Changes in Levels. Changes in levels
along an accessible route shall comply with 4.5.2. If an accessible
route has changes in level greater than 1/2 in (13 mm), then a
curb ramp, ramp, elevator, or platform lift (as permitted in 4.1.3
and 4.1.6) shall be provided that complies with 4.7, 4.8, 4.10,
or 4.11, respectively. An accessible route does not include stairs,
steps, or escalators. See definition of "egress, means of"
in 3.5.
4.3.9 Doors. Doors along an accessible route
shall comply with 4.13.
4.3.10* Egress. Accessible routes serving
any accessible space or element shall also serve as a means of
egress for emergencies or connect to an accessible area of rescue
assistance.
4.3.11 Areas of Rescue Assistance.
4.3.11.1 Location and Construction. An area
of rescue assistance shall be one of the following:
(1) A portion of a stairway landing within a smokeproof
enclosure (complying with local requirements).
(2) A portion of an exterior exit balcony
located immediately adjacent to an exit stairway when the balcony
complies with local requirements for exterior exit balconies.
Openings to the interior of the building located within 20 feet
(6 m) of the area of rescue assistance shall be protected with
fire assemblies having a three-fourths hour fire protection rating.
(3) A portion of a one-hour fire-resistive
corridor (complying with local requirements for fire-resistive
construction and for openings) located immediately adjacent to
an exit enclosure.
(4) A vestibule located immediately adjacent to an exit
enclosure and constructed to the same fire-resistive
standards as required for corridors and openings.
(5) A portion of a stairway landing within
an exit enclosure which is vented to the exterior and is separated
from the interior of the building with not less than one-hour
fire-resistive doors.
(6) When approved by the appropriate local
authority, an area or a room which is separated from other portions
of the building by a smoke barrier. Smoke barriers shall have
a fire-resistive rating of not less than one hour and shall completely
enclose the area or room. Doors in the smoke barrier shall be
tight-fitting smoke- and draft-control assemblies having a fire-protection
rating of not less than 20 minutes and shall be self-closing or
automatic closing. The area or room shall be provided with an
exit directly to an exit enclosure. Where the room or area exits
into an exit enclosure which is required to be of more than one-hour
fire-resistive construction, the room or area shall have the same
fire-resistive construction, including the same opening protection,
as required for the adjacent exit enclosure.
(7) An elevator lobby when elevator shafts
and adjacent lobbies are pressurized as required for smokeproof
enclosures by local regulations and when complying with requirements
herein for size, communication, and signage. Such pressurization
system shall be activated by smoke detectors on each floor located
in a manner approved by the appropriate local authority. Pressurization
equipment and its duct work within the building shall be separated
from other portions of the building by a minimum two-hour fire-resistive
construction.
4.3.11.2 Size. Each area of rescue assistance
shall provide at least two accessible areas each being not less
than 30 inches by 48 inches (760 mm by 1220 mm). The area of
rescue assistance shall not encroach on any required exit width.
The total number of such 30-inch by 48-inch (760 mm by 1220 mm)
areas per story shall be not less than one for every 200 persons
of calculated occupant load served by the area of rescue assistance.
EXCEPTION: The appropriate local authority
may reduce the minimum number of 30-inch by 48-inch (760 mm by
1220 mm) areas to one for each area of rescue assistance on floors
where the occupant load is less than 200.
4.3.11.3* Stairway Width. Each stairway adjacent
to an area of rescue assistance shall have a minimum clear width
of 48 inches between handrails.
4.3.11.4* Two-way Communication. A method of two-way
communication, with both visible and audible
signals, shall be provided between each area of rescue assistance
and the primary entry. The fire department or appropriate local
authority may approve a location other than the primary entry.
4.3.11.5 Identification. Each area of rescue
assistance shall be identified by a sign which states "AREA
OF RESCUE ASSISTANCE" and displays the international symbol
of accessibility. The sign shall be illuminated when exit sign
illumination is required. Signage shall also be installed at
all inaccessible exits and where otherwise necessary to clearly
indicate the direction to areas of rescue assistance. In each
area of rescue assistance, instructions on the use of the area
under emergency conditions shall be posted adjoining the two-way
communication system.
4.4 Protruding Objects.
4.4.1* General. Objects projecting from walls
(for example, telephones) with their leading edges between 27
in and 80 in (685 mm and 2030 mm) above the finished floor shall
protrude no more than 4 in (100 mm) into walks, halls, corridors,
passageways, or aisles (see Fig. 8(a)). Objects mounted with
their leading edges at or below 27 in (685 mm) above the finished
floor may protrude any amount (see Fig. 8(a) and (b)). Free-standing
objects mounted on posts or pylons may overhang 12 in (305 mm)
maximum from 27 in to 80 in (685 mm to 2030 mm) above the ground
or finished floor (see Fig. 8(c) and (d)). Protruding objects
shall not reduce the clear width of an accessible route or maneuvering
space (see Fig. 8(e)).
4.4.2 Head Room. Walks, halls, corridors,
passageways, aisles, or other circulation spaces shall have 80
in (2030 mm) minimum clear head room (see Fig. 8(a)). If vertical
clearance of an area adjoining an accessible route is reduced
to less than 80 in (nominal dimension), a barrier to warn blind
or visually-impaired persons shall be provided (see Fig. 8(c-1)).
4.5 Ground and Floor Surfaces.
4.5.1* General. Ground and floor surfaces
along accessible routes and in accessible rooms and spaces including
floors, walks, ramps, stairs, and curb ramps, shall be stable,
firm, slip-resistant, and shall comply with 4.5.
4.5.2 Changes in Level. Changes in level up
to 1/4 in (6 mm) may be vertical and without edge treatment (see
Fig. 7(c) ). Changes in level between 1/4 in and 1/2 in (6 mm
and 13 mm) shall be beveled with a slope no greater than 1:2 (see
Fig. 7(d) ). Changes in level greater than 1/2 in (13 mm) shall
be accomplished by means of a ramp that complies with 4.7 or 4.8.
4.5.3* Carpet. If carpet or carpet tile is
used on a ground or floor surface, then it shall be securely attached;
have a firm cushion, pad, or backing, or no cushion or pad; and
have a level loop, textured loop, level cut pile, or level cut/uncut
pile texture. The maximum pile thickness shall be 1/2 in (13
mm) (see Fig. 8(f)). Exposed edges of carpet shall be fastened
to floor surfaces and have trim along the entire length of the
exposed edge. Carpet edge trim shall comply with 4.5.2.
4.5.4 Gratings. If gratings are located in walking surfaces, then they shall have spaces no greater than 1/2 in (13 mm) wide in one direction (see Fig. 8(g)). If gratings have elongated openings, then they shall be placed so that the long dimension is
perpendicular to the dominant direction of
travel (see Fig. 8(h)).
4.6 Parking and Passenger Loading Zones.
4.6.1 Minimum Number. Parking spaces required
to be accessible by 4.1 shall comply with 4.6.2 through 4.6.5.
Passenger loading zones required to be accessible by 4.1 shall
comply with 4.6.5 and 4.6.6.
4.6.2 Location. Accessible parking spaces
serving a particular building shall be located on the shortest
accessible route of travel from adjacent parking to an accessible
entrance. In parking facilities that do not serve a particular
building, accessible parking shall be located on the shortest
accessible route of travel to an accessible pedestrian entrance
of the parking facility. In buildings with multiple accessible
entrances with adjacent parking, accessible parking spaces shall
be dispersed and located closest to the accessible entrances.
4.6.3* Parking Spaces. Accessible parking
spaces shall be at least 96 in (2440 mm) wide. Parking access
aisles shall be part of an accessible route to the building or
facility entrance and shall comply with 4.3. Two accessible parking
spaces may share a common access aisle (see Fig. 9). Parked vehicle
overhangs shall not reduce the clear width of an accessible route.
Parking spaces and access aisles shall be level with surface
slopes not exceeding 1:50 (2%) in all directions.
4.6.4* Signage. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility (see 4.30.7). Spaces complying with 4.1.2(5)(b) shall have an
additional sign "Van-Accessible"
mounted below the symbol of accessibility. Such signs shall be
located so they cannot be obscured by a vehicle parked in the
space.
4.6.5* Vertical Clearance. Provide minimum
vertical clearance of 114 in (2895 mm) at accessible passenger
loading zones and along at least one vehicle access route to such
areas from site entrance(s) and exit(s). At parking spaces complying
with 4.1.2(5)(b), provide minimum vertical clearance of 98 in
(2490 mm) at the parking space and along at least one vehicle
access route to such spaces from site entrance(s) and exit(s).
4.6.6 Passenger Loading Zones. Passenger loading
zones shall provide an access aisle at least 60 in (1525 mm) wide
and 20 ft (240 in)(6100 mm) long adjacent and parallel to the
vehicle pull-up space (see Fig. 10). If there are curbs between
the access aisle and the vehicle pull-up space, then a curb ramp
complying with 4.7 shall be provided. Vehicle standing spaces
and access aisles shall be level with surface slopes not exceeding
1:50 (2%) in all directions.
4.7 Curb Ramps.
4.7.1 Location. Curb ramps complying with
4.7 shall be provided wherever an accessible route crosses a curb.
4.7.2 Slope. Slopes of curb ramps shall comply
with 4.8.2. The slope shall be measured as shown in Fig. 11.
Transitions from ramps to walks, gutters, or streets shall be
flush and free of abrupt changes. Maximum slopes of adjoining
gutters, road surface immediately adjacent to the curb ramp, or
accessible route shall not exceed 1:20.
4.7.3 Width. The minimum width of a curb ramp
shall be 36 in (915 mm), exclusive of flared sides.
4.7.4 Surface. Surfaces of curb ramps shall
comply with 4.5.
4.7.5 Sides of Curb Ramps. If a curb ramp
is located where pedestrians must walk across the ramp, or where
it is not protected by handrails or guardrails, it shall have
flared sides; the maximum slope of the flare shall be 1:10 (see
Fig. 12(a)). Curb ramps with returned curbs may be used where
pedestrians would not normally walk across the ramp (see Fig.
12(b)).
4.7.6 Built-up Curb Ramps. Built-up curb ramps
shall be located so that they do not project into vehicular traffic
lanes (see Fig. 13).
4.7.7 Detectable Warnings. A curb ramp shall
have a detectable warning complying with 4.29.2. The detectable
warning shall extend the full width and depth of the curb ramp.
4.7.8 Obstructions. Curb ramps shall be located
or protected to prevent their obstruction by parked vehicles.
4.7.9 Location at Marked Crossings. Curb ramps
at marked crossings shall be wholly contained within the markings,
excluding any flared sides (see Fig. 15).
4.7.10 Diagonal Curb Ramps. If diagonal (or
corner type) curb ramps have returned curbs or other well-defined
edges, such edges shall be parallel to the direction of pedestrian
flow. The bottom of diagonal curb ramps shall have 48 in (1220
mm) minimum clear space as shown in Fig. 15(c) and (d). If diagonal
curb ramps are provided at marked crossings, the 48 in (1220 mm)
clear space shall be within the markings (see Fig. 15(c) and (d)).
If diagonal curb ramps have flared sides, they shall also have
at least a 24 in (610 mm) long segment of straight curb located
on each side of the curb ramp and within the marked crossing (see
Fig. 15(c)).
4.7.11 Islands. Any raised islands in crossings
shall be cut through level with the street or have curb ramps
at both sides and a level area at least 48 in (1220 mm) long between
the curb ramps in the part of the island intersected by the crossings
(see Fig. 15(a) and (b)).
4.8 Ramps.
4.8.1* General. Any part of an accessible
route with a slope greater than 1:20 shall be considered a ramp
and shall comply with 4.8.
4.8.2* Slope and Rise. The least possible
slope shall be used for any ramp. The maximum slope of a ramp
in new construction shall be 1:12. The maximum rise for any run
shall be 30 in (760 mm) (see Fig. 16). Curb ramps and ramps to
be constructed on existing sites or in existing buildings or facilities
may have slopes and rises as allowed in 4.1.6(3)(a) if space limitations
prohibit the use of a 1:12 slope or less.
4.8.3 Clear Width. The minimum clear width
of a ramp shall be 36 in (915 mm).
4.8.4* Landings. Ramps shall have level landings
at bottom and top of each ramp and each ramp run. Landings shall
have the following features:
(1) The landing shall be at least as wide
as the ramp run leading to it.
(2) The landing length shall be a minimum
of 60 in (1525 mm) clear.
(3) If ramps change direction at landings,
the minimum landing size shall be 60 in by 60 in (1525 mm by 1525
mm).
(4) If a doorway is located at a landing,
then the area in front of the doorway shall comply with 4.13.6.
4.8.5* Handrails. If a ramp run has a rise
greater than 6 in (150 mm) or a horizontal projection greater
than 72 in (1830 mm), then it shall have handrails on both sides.
Handrails are not required on curb ramps or adjacent to seating
in assembly areas. Handrails shall comply with 4.26 and shall
have the following features:
(1) Handrails shall be provided along both
sides of ramp segments. The inside handrail on switchback or
dogleg ramps shall always be continuous.
(2) If handrails are not continuous, they
shall extend at least 12 in (305 mm) beyond the top and bottom
of the ramp segment and shall be parallel with the floor or ground
surface (see Fig. 17).
(3) The clear space between the handrail
and the wall shall be 1 - 1/2 in (38 mm).
(4) Gripping surfaces shall be continuous.
(5) Top of handrail gripping surfaces shall
be mounted between 34 in and 38 in (865 mm and 965 mm) above ramp
surfaces.
(6) Ends of handrails shall be either rounded
or returned smoothly to floor, wall, or post.
(7) Handrails shall not rotate within their
fittings.
4.8.6 Cross Slope and Surfaces. The cross
slope of ramp surfaces shall be no greater than 1:50. Ramp surfaces
shall comply with 4.5.
4.8.7 Edge Protection. Ramps and landings
with drop-offs shall have curbs, walls, railings, or projecting
surfaces that prevent people from slipping off the ramp. Curbs
shall be a minimum of 2 in (50 mm) high (see Fig. 17).
4.8.8 Outdoor Conditions. Outdoor ramps and
their approaches shall be designed so that water will not accumulate
on walking surfaces.
4.9 Stairs.
4.9.1* Minimum Number. Stairs required to
be accessible by 4.1 shall comply with 4.9.
4.9.2 Treads and Risers. On any given flight
of stairs, all steps shall have uniform riser heights and uniform
tread widths. Stair treads shall be no less than 11 in (280 mm)
wide, measured from riser to riser (see Fig. 18(a)). Open risers
are not permitted.
4.9.3 Nosings. The undersides of nosings shall
not be abrupt. The radius of curvature at the leading edge of
the tread shall be no greater than 1/2 in (13 mm). Risers shall
be sloped or the underside of the nosing shall have an angle not
less than 60 degrees from the horizontal. Nosings shall project
no more than 1-1/2 in (38 mm) (see Fig. 18).
4.9.4 Handrails. Stairways shall have handrails
at both sides of all stairs. Handrails shall comply with 4.26
and shall have the following features:
(1) Handrails shall be continuous along
both sides of stairs. The inside handrail on switchback or dogleg
stairs shall always be continuous (see Fig. 19(a) and (b)).
(2) If handrails are not continuous, they
shall extend at least 12 in (305 mm) beyond the top riser and
at least 12 in (305 mm) plus the width of one tread beyond the
bottom riser. At the top, the extension shall be parallel with
the floor or ground surface. At the bottom, the handrail shall
continue to slope for a distance of the width of one tread from
the bottom riser; the remainder of the extension shall be horizontal
(see Fig. 19(c) and (d)). Handrail extensions shall comply with
4.4.
(3) The clear space between handrails and
wall shall be 1-1/2 in (38 mm).
(4) Gripping surfaces shall be uninterrupted
by newel posts, other construction elements, or obstructions.
(5) Top of handrail gripping surface shall
be mounted between 34 in and 38 in (865 mm and 965 mm) above stair
nosings.
(6) Ends of handrails shall be either rounded
or returned smoothly to floor, wall or post.
(7) Handrails shall not rotate within their
fittings.
4.9.5 Detectable Warnings at Stairs. (Reserved).
4.9.6 Outdoor Conditions. Outdoor stairs and
their approaches shall be designed so that water will not accumulate
on walking surfaces.
4.10 Elevators.
4.10.1 General. Accessible elevators shall
be on an accessible route and shall comply with 4.10 and with
the ASME A17.1-1990, Safety Code for Elevators and Escalators.
Freight elevators shall not be considered as meeting the requirements
of this section unless the only elevators provided are used as
combination passenger and freight elevators for the public and
employees.
4.10.2 Automatic Operation. Elevator operation
shall be automatic. Each car shall be equipped with a self-leveling
feature that will automatically bring the car to floor landings
within a tolerance of 1/2 in (13 mm) under rated loading to zero
loading conditions. This self-leveling feature shall be automatic
and independent of the operating device and shall correct the
overtravel or undertravel.
4.10.3 Hall Call Buttons. Call buttons in
elevator lobbies and halls shall be centered at 42 in (1065 mm)
above the floor. Such call buttons shall have visual signals
to indicate when each call is registered and when each call is
answered. Call buttons shall be a minimum of 3/4 in (19 mm) in
the smallest dimension. The button designating the up direction
shall be on top. (See Fig. 20.) Buttons shall be raised or flush.
Objects mounted beneath hall call buttons shall not project into
the elevator lobby more than 4 in (100 mm).
4.10.4 Hall Lanterns. A visible and audible
signal shall be provided at each hoistway entrance to indicate
which car is answering a call. Audible signals shall sound once
for the up direction and twice for the down direction or shall
have verbal annunciators that say "up" or "down."
Visible signals shall have the following features:
(1) Hall lantern fixtures shall be mounted
so that their centerline is at least 72 in (1830 mm) above the
lobby floor. (See Fig. 20.)
(2) Visual elements shall be at least 2-1/2
in (64 mm) in the smallest dimension.
(3) Signals shall be visible from the vicinity
of the hall call button (see Fig. 20). In-car lanterns located
in cars, visible from the vicinity of hall call buttons, and conforming
to the above requirements, shall be acceptable.
4.10.5 Raised and Braille Characters on Hoistway
Entrances. All elevator hoistway entrances shall have raised
and Braille floor designations provided on both jambs. The centerline
of the characters shall be 60 in (1525 mm) above finish floor.
Such characters shall be 2 in (50 mm) high and shall comply with
4.30.4. Permanently applied plates are acceptable if they are
permanently fixed to the jambs. (See Fig. 20).
4.10.6* Door Protective and Reopening Device.
Elevator doors shall open and close automatically. They shall
be provided with a reopening device that will stop and reopen
a car door and hoistway door automatically if the door becomes
obstructed by an object or person. The device shall be capable
of completing these operations without requiring contact for an
obstruction passing through the opening at heights of 5 in and
29 in (125 mm and 735 mm) above finish floor (see Fig. 20). Door
reopening devices shall remain effective for at least 20 seconds.
After such an interval, doors may close in accordance with the
requirements of ASME A17.1-1990.
4.10.7* Door and Signal Timing for Hall Calls.
The minimum acceptable time from notification that a car is answering
a call until the doors of that car start to close shall be calculated
from the following equation:
T = D/(1.5 ft/s) or T = D/(445
mm/s)
where T total time in seconds and D distance (in feet or
millimeters) from a point in the lobby or corridor
60 in (1525 mm) directly in front of the farthest call button
controlling that car to the centerline of its hoistway door (see
Fig. 21). For cars with in-car lanterns, T begins when the lantern
is visible from the vicinity of hall call buttons and an audible
signal is sounded. The minimum acceptable notification time shall
be 5 seconds.
4.10.8 Door Delay for Car Calls. The minimum
time for elevator doors to remain fully open in response to a
car call shall be 3 seconds.
4.10.9 Floor Plan of Elevator Cars. The floor area of elevator cars shall provide space for wheelchair users to enter the car, maneuver within reach of controls, and exit from the car.
Acceptable door opening and inside dimensions
shall be as shown in Fig. 22. The clearance between the car platform
sill and the edge of any hoistway landing shall be no greater
than 1-1/4 in (32 mm).
4.10.10 Floor Surfaces. Floor surfaces shall
comply with 4.5.
4.10.11 Illumination Levels. The level of
illumination at the car controls, platform, and car threshold
and landing sill shall be at least 5 footcandles (53.8 lux).
4.10.12* Car Controls. Elevator control panels
shall have the following features:
(1) Buttons. All control buttons shall be at least 3/4 in (19 mm) in their smallest dimension. They shall be raised or flush.
(2) Tactile, Braille, and Visual Control
Indicators. All control buttons shall be designated by Braille
and by raised standard alphabet characters for letters, arabic
characters for numerals, or standard symbols as shown in Fig.
23(a), and as required in ASME A17.1-1990. Raised and Braille
characters and symbols shall comply with 4.30. The call button
for the main entry floor shall be designated by a raised star
at the left of the floor designation (see Fig. 23(a)). All raised
designations for control buttons shall be placed immediately to
the left of the button to which they apply. Applied plates, permanently
attached, are an acceptable means to provide raised control designations.
Floor buttons shall be provided with visual indicators to show
when each call is registered. The visual indicators shall be
extinguished when each call is answered.
(3) Height. All floor buttons shall be no higher than 54 in (1370 mm) above the finish floor for side approach and 48 in (1220 mm) for front approach. Emergency controls, including the
emergency alarm and emergency stop, shall be grouped at the bottom of the panel and shall have their centerlines no less than 35 in (890 mm) above the finish floor (see Fig. 23(a) and (b)).
(4) Location. Controls shall be located
on a front wall if cars have center opening doors, and at the
side wall or at the front wall next to the door if cars have side
opening doors (see Fig. 23(c) and (d)).
4.10.13* Car Position Indicators. In elevator
cars, a visual car position indicator shall be provided above
the car control panel or over the door to show the position of
the elevator in the hoistway. As the car passes or stops at a
floor served by the elevators, the corresponding numerals shall
illuminate, and an audible signal shall sound. Numerals shall
be a minimum of 1/2 in (13 mm) high. The audible signal shall
be no less than 20 decibels with a frequency no higher than 1500
Hz. An automatic verbal announcement of the floor number at which
a car stops or which a car passes may be substituted for the audible
signal.
4.10.14* Emergency Communications. If provided, emergency two-way communication systems between the elevator and a point outside the hoistway shall comply with ASME A17.1-1990. The highest operable part of a two-way communication system shall be a maximum of 48 in (1220 mm) from the floor of the car. It shall be identified by a raised symbol and lettering complying with 4.30 and located adjacent to the device. If the system uses a handset then the length of the cord from the panel to the handset shall be at least 29 in (735 mm). If the system is located in a closed compartment the compartment door hardware shall conform to 4.27, Controls and Operating Mechanisms. The emergency intercommunication system shall not require voice communication.
4.11 Platform Lifts (Wheelchair Lifts).
4.11.1 Location. Platform lifts (wheelchair
lifts) permitted by 4.1 shall comply with the requirements of
4.11.
4.11.2* Other Requirements. If platform lifts
(wheelchair lifts) are used, they shall comply with 4.2.4, 4.5,
4.27, and ASME A17.1 Safety Code for Elevators and Escalators,
Section XX, 1990.
4.11.3 Entrance. If platform lifts are used
then they shall facilitate unassisted entry, operation, and exit
from the lift in compliance with 4.11.2.
4.12 Windows.
4.12.1* General. (Reserved).
4.12.2* Window Hardware. (Reserved).
4.13 Doors.
4.13.1 General. Doors required to be accessible
by 4.1 shall comply with the requirements of 4.13.
4.13.2 Revolving Doors and Turnstiles. Revolving doors or
turnstiles shall not be the only means of passage
at an accessible entrance or along an accessible route. An accessible
gate or door shall be provided adjacent to the turnstile or revolving
door and shall be so designed as to facilitate the same use pattern.
4.13.3 Gates. Gates, including ticket gates,
shall meet all applicable specifications of 4.13.
4.13.4 Double-Leaf Doorways. If doorways have
two independently operated door leaves, then at least one leaf
shall meet the specifications in 4.13.5 and 4.13.6. That leaf
shall be an active leaf.
4.13.5 Clear Width. Doorways shall have a
minimum clear opening of 32 in (815 mm) with the door open 90
degrees, measured between the face of the door and the opposite
stop (see Fig. 24(a), (b), (c), and (d)). Openings more than
24 in (610 mm) in depth shall comply with 4.2.1 and 4.3.3 (see
Fig. 24(e)).
EXCEPTION: Doors not requiring full user passage,
such as shallow closets, may have the clear opening reduced to
20 in (510 mm) minimum.
4.13.6 Maneuvering Clearances at Doors. Minimum
maneuvering clearances at doors that are not automatic or power-assisted
shall be as shown in Fig. 25. The floor or ground area within
the required clearances shall be level and clear.
EXCEPTION: Entry doors to acute care hospital bedrooms for
in-patients shall be exempted from the requirement
for space at the latch side of the door (see dimension "x"
in Fig. 25) if the door is at least 44 in (1120 mm) wide.
4.13.7 Two Doors in Series. The minimum space
between two hinged or pivoted doors in series shall be 48 in (1220
mm) plus the width of any door swinging into the space. Doors
in series shall swing either in the same direction or away from
the space between the doors (see Fig. 26).
4.13.8* Thresholds at Doorways. Thresholds
at doorways shall not exceed 3/4 in (19 mm) in height for exterior
sliding doors or 1/2 in (13 mm) for other types of doors. Raised
thresholds and floor level changes at accessible doorways shall
be beveled with a slope no greater than 1:2 (see 4.5.2).
4.13.9* Door Hardware. Handles, pulls, latches, locks, and other operating devices on accessible doors shall have a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate.
Lever-operated mechanisms, push-type mechanisms,
and U-shaped handles are acceptable designs. When sliding doors
are fully open, operating hardware shall be exposed and usable
from both sides. Hardware required for accessible door passage
shall be mounted no higher than 48 in (1220 mm) above finished
floor.
4.13.10* Door Closers. If a door has a closer,
then the sweep period of the closer shall be adjusted so that
from an open position of 70 degrees, the door will take at least
3 seconds to move to a point 3 in (75 mm) from the latch, measured
to the leading edge of the door.
4.13.11* Door Opening Force. The maximum force
for pushing or pulling open a door shall be as follows:
(1) Fire doors shall have the minimum opening
force allowable by the appropriate administrative authority.
(2) Other doors.
(a) exterior hinged doors: (Reserved).
(b) interior hinged doors: 5 lbf (22.2N)
(c) sliding or folding doors: 5 lbf (22.2N)
These forces do not apply to the force required
to retract latch bolts or disengage other devices that may hold
the door in a closed position.
4.13.12* Automatic Doors and Power-Assisted
Doors. If an automatic door is used, then it shall comply with
ANSI/BHMA A156.10-1985. Slowly opening, low-powered, automatic
doors shall comply with ANSI A156.19-1984. Such doors shall not
open to back check faster than 3 seconds and shall require no
more than 15 lbf (66.6N) to stop door movement. If a power-assisted
door is used, its door-opening force shall comply with 4.13.11
and its closing shall conform to the requirements in ANSI A156.19-1984.
4.14 Entrances.
4.14.1 Minimum Number. Entrances required
to be accessible by 4.1 shall be part of an accessible route complying
with 4.3. Such entrances shall be connected by an accessible
route to public transportation stops, to accessible parking and
passenger loading zones, and to public streets or sidewalks if
available (see 4.3.2(1)). They shall also be connected by an
accessible route to all accessible spaces or elements within the
building or facility.
4.14.2 Service Entrances. A service entrance
shall not be the sole accessible entrance unless it is the only
entrance to a building or facility (for example, in a factory
or garage).
4.15 Drinking Fountains and Water Coolers.
4.15.1 Minimum Number. Drinking fountains
or water coolers required to be accessible by 4.1 shall comply
with 4.15.
4.15.2* Spout Height. Spouts shall be no higher
than 36 in (915 mm), measured from the floor or ground surfaces
to the spout outlet (see Fig. 27(a)).
4.15.3 Spout Location. The spouts of drinking
fountains and water coolers shall be at the front of the unit
and shall direct the water flow in a trajectory that is parallel
or nearly parallel to the front of the unit. The spout shall
provide a flow of water at least 4 in (100 mm) high so as to allow
the insertion of a cup or glass under the flow of water. On an
accessible drinking fountain with a round or oval bowl, the spout
must be positioned so the flow of water is within 3 in (75 mm)
of the front edge of the fountain.
4.15.4 Controls. Controls shall comply with
4.27.4. Unit controls shall be front mounted or side mounted
near the front edge.
4.15.5 Clearances.
(1) Wall- and post-mounted cantilevered
units shall have a clear knee space between the bottom of the
apron and the floor or ground at least 27 in (685 mm) high, 30
in (760 mm) wide, and 17 in to 19 in (430 mm to 485 mm) deep (see
Fig. 27(a) and (b)). Such units shall also have a minimum clear
floor space 30 in by 48 in (760 mm by 1220 mm) to allow a person
in a wheelchair to approach the unit facing forward.
(2) Free-standing or built-in units not
having a clear space under them shall have a clear floor space
at least 30 in by 48 in (760 mm by 1220 mm) that allows a person
in a wheelchair to make a parallel approach to the unit (see Fig.
27(c) and (d)). This clear floor space shall comply with 4.2.4.
4.16 Water Closets.
4.16.1 General. Accessible water closets shall comply with 4.16.
4.16.2 Clear Floor Space. Clear floor space
for water closets not in stalls shall comply with Fig. 28. Clear
floor space may be arranged to allow either a left-handed or right-handed
approach.
4.16.3* Height. The height of water closets
shall be 17 in to 19 in (430 mm to 485 mm), measured to the top
of the toilet seat (see Fig. 29(b)). Seats shall not be sprung
to return to a lifted position.
4.16.4* Grab Bars. Grab bars for water closets
not located in stalls shall comply with 4.26 and Fig. 29. The
grab bar behind the water closet shall be 36 in (915 mm) minimum.
4.16.5* Flush Controls. Flush controls shall
be hand operated or automatic and shall comply with 4.27.4. Controls
for flush valves shall be mounted on the wide side of toilet areas
no more than 44 in (1120 mm) above the floor.
4.16.6 Dispensers. Toilet paper dispensers
shall be installed within reach, as shown in Fig. 29(b). Dispensers
that control delivery, or that do not permit continuous paper
flow, shall not be used.
4.17 Toilet Stalls.
4.17.1 Location. Accessible toilet stalls shall be on an
accessible route and shall meet the requirements
of 4.17.
4.17.2 Water Closets. Water closets in accessible
stalls shall comply with 4.16.
4.17.3* Size and Arrangement. The size and
arrangement of the standard toilet stall shall comply with Fig.
30(a), Standard Stall. Standard toilet stalls with a minimum
depth of 56 in (1420 mm) (see Fig. 30(a)) shall have wall-mounted
water closets. If the depth of a standard toilet stall is increased
at least 3 in (75 mm), then a floor-mounted water closet may be
used. Arrangements shown for standard toilet stalls may be reversed
to allow either a left- or right-hand approach. Additional stalls
shall be provided in conformance with 4.22.4.
EXCEPTION: In instances of alteration work
where provision of a standard stall (Fig. 30(a)) is technically
infeasible or where plumbing code requirements prevent combining
existing stalls to provide space, either alternate stall (Fig.
30(b)) may be provided in lieu of the standard stall.
4.17.4 Toe Clearances. In standard stalls,
the front partition and at least one side partition shall provide
a toe clearance of at least 9 in (230 mm) above the floor. If
the depth of the stall is greater than 60 in (1525 mm), then the
toe clearance is not required.
4.17.5* Doors. Toilet stall doors, including
door hardware, shall comply with 4.13. If toilet stall approach
is from the latch side of the stall door, clearance between the
door side of the stall and any obstruction may be reduced to a
minimum of 42 in (1065 mm) (Fig. 30).
4.17.6 Grab Bars. Grab bars complying with the length and
positioning shown in Fig. 30(a), (b), (c),
and (d) shall be provided. Grab bars may be mounted with any
desired method as long as they have a gripping surface at the
locations shown and do not obstruct the required clear floor area.
Grab bars shall comply with 4.26.
4.18 Urinals.
4.18.1 General. Accessible urinals shall comply
with 4.18.
4.18.2 Height. Urinals shall be stall-type
or wall-hung with an elongated rim at a maximum of 17 in (430
mm) above the finish floor.
4.18.3 Clear Floor Space. A clear floor space
30 in by 48 in (760 mm by 1220 mm) shall be provided in front
of urinals to allow forward approach. This clear space shall
adjoin or overlap an accessible route and shall comply with 4.2.4.
Urinal shields that do not extend beyond the front edge of the
urinal rim may be provided with 29 in (735 mm) clearance between
them.
4.18.4 Flush Controls. Flush controls shall
be hand operated or automatic, and shall comply with 4.27.4, and
shall be mounted no more than 44 in (1120 mm) above the finish
floor.
4.19 Lavatories and Mirrors.
4.19.1 General. The requirements of 4.19 shall
apply to lavatory fixtures, vanities, and built-in lavatories.
4.19.2 Height and Clearances. Lavatories shall be mounted with the rim or counter surface no higher than 34 in (865 mm) above the finish floor. Provide a clearance of at least 29 in (735 mm) above the finish floor to the bottom of the apron. Knee and toe
clearance shall comply with Fig. 31.
4.19.3 Clear Floor Space. A clear floor space
30 in by 48 in (760 mm by 1220 mm) complying with 4.2.4 shall
be provided in front of a lavatory to allow forward approach.
Such clear floor space shall adjoin or overlap an accessible
route and shall extend a maximum of 19 in (485 mm) underneath
the lavatory (see Fig. 32).
4.19.4 Exposed Pipes and Surfaces. Hot water
and drain pipes under lavatories shall be insulated or otherwise
configured to protect against contact. There shall be no sharp
or abrasive surfaces under lavatories.
4.19.5 Faucets. Faucets shall comply with
4.27.4. Lever-operated, push-type, and electronically controlled
mechanisms are examples of acceptable designs. If self-closing
valves are used the faucet shall remain open for at least 10 seconds.
4.19.6* Mirrors. Mirrors shall be mounted
with the bottom edge of the reflecting surface no higher than
40 in (1015 mm) above the finish floor (see Fig. 31).
4.20 Bathtubs.
4.20.1 General. Accessible bathtubs shall
comply with 4.20.
4.20.2 Floor Space. Clear floor space in front
of bathtubs shall be as shown in Fig. 33.
4.20.3 Seat. An in-tub seat or a seat at the
head end of the tub shall be provided as shown in Fig. 33 and
34. The structural strength of seats and their attachments shall
comply with 4.26.3. Seats shall be mounted securely and shall
not slip during use.
4.20.4 Grab Bars. Grab bars complying with
4.26 shall be provided as shown in Fig. 33 and 34.
4.20.5 Controls. Faucets and other controls
complying with 4.27.4 shall be located as shown in Fig. 34.
4.20.6 Shower Unit. A shower spray unit with
a hose at least 60 in (1525 mm) long that can be used both as
a fixed shower head and as a hand-held shower shall be provided.
4.20.7 Bathtub Enclosures. If provided, enclosures
for bathtubs shall not obstruct controls or transfer from wheelchairs
onto bathtub seats or into tubs. Enclosures on bathtubs shall
not have tracks mounted on their rims.
4.21 Shower Stalls.
4.21.1* General. Accessible shower stalls
shall comply with 4.21.
4.21.2 Size and Clearances. Except as specified
in 9.1.2, shower stall size and clear floor space shall comply
with Fig. 35(a) or (b). The shower stall in Fig. 35(a) shall
be 36 in by 36 in (915 mm by 915 mm). Shower stalls required
by 9.1.2 shall comply with Fig. 57(a) or (b). The shower stall
in Fig. 35(b) will fit into the space required for a bathtub.
4.21.3 Seat. A seat shall be provided in shower
stalls 36 in by 36 in (915 mm by 915 mm) and shall be as shown
in Fig. 36. The seat shall be mounted 17 in to 19 in (430 mm
to 485 mm) from the bathroom floor and shall extend the full depth
of the stall. In a 36 in by 36 in (915 mm by 915 mm) shower stall,
the seat shall be on the wall opposite the controls. Where a
fixed seat is provided in a 30 in by 60 in minimum (760 mm by
1525 mm) shower stall, it shall be a folding type and shall be
mounted on the wall adjacent to the controls as shown in Fig.
57. The structural strength of seats and their attachments shall
comply with 4.26.3.
4.21.4 Grab Bars. Grab bars complying with
4.26 shall be provided as shown in Fig. 37.
4.21.5 Controls. Faucets and other controls
complying with 4.27.4 shall be located as shown in Fig. 37. In
shower stalls 36 in by 36 in (915 mm by 915 mm), all controls,
faucets, and the shower unit shall be mounted on the side wall
opposite the seat.
4.21.6 Shower Unit. A shower spray unit with
a hose at least 60 in (1525 mm) long that can be used both as
a fixed shower head and as a hand-held shower shall be provided.
EXCEPTION: In unmonitored facilities where vandalism is a
consideration, a fixed shower head mounted
at 48 in (1220 mm) above the shower floor may be used in lieu
of a hand-held shower head.
4.21.7 Curbs. If provided, curbs in shower
stalls 36 in by 36 in (915 mm by 915 mm) shall be no higher than
1/2 in (13 mm). Shower stalls that are 30 in by 60 in (760 mm
by 1525 mm) minimum shall not have curbs.
4.21.8 Shower Enclosures. If provided, enclosures
for shower stalls shall not obstruct controls or obstruct transfer
from wheelchairs onto shower seats.
4.22 Toilet Rooms.
4.22.1 Minimum Number. Toilet facilities required
to be accessible by 4.1 shall comply with 4.22. Accessible toilet
rooms shall be on an accessible route.
4.22.2 Doors. All doors to accessible toilet rooms shall comply with 4.13. Doors shall not swing into the clear floor space required for any fixture.
4.22.3* Clear Floor Space. The accessible
fixtures and controls required in 4.22.4, 4.22.5, 4.22.6, and
4.22.7 shall be on an accessible route. An unobstructed turning
space complying with 4.2.3 shall be provided within an accessible
toilet room. The clear floor space at fixtures and controls,
the accessible route, and the turning space may overlap.
4.22.4 Water Closets. If toilet stalls are
provided, then at least one shall be a standard toilet stall complying
with 4.17; where 6 or more stalls are provided, in addition to
the stall complying with 4.17.3, at least one stall 36 in (915
mm) wide with an outward swinging, self-closing door and parallel
grab bars complying with Fig. 30(d) and 4.26 shall be provided.
Water closets in such stalls shall comply with 4.16. If water
closets are not in stalls, then at least one shall comply with
4.16.
4.22.5 Urinals. If urinals are provided, then
at least one shall comply with 4.18.
4.22.6 Lavatories and Mirrors. If lavatories
and mirrors are provided, then at least one of each shall comply
with 4.19.
4.22.7 Controls and Dispensers. If controls, dispensers,
receptacles, or other equipment are provided,
then at least one of each shall be on an accessible route and
shall comply with 4.27.
4.23 Bathrooms, Bathing Facilities, and Shower
Rooms.
4.23.1 Minimum Number. Bathrooms, bathing
facilities, or shower rooms required to be accessible by 4.1 shall
comply with 4.23 and shall be on an accessible route.
4.23.2 Doors. Doors to accessible bathrooms
shall comply with 4.13. Doors shall not swing into the floor
space required for any fixture.
4.23.3* Clear Floor Space. The accessible
fixtures and controls required in 4.23.4, 4.23.5, 4.23.6, 4.23.7,
4.23.8, and 4.23.9 shall be on an accessible route. An unobstructed
turning space complying with 4.2.3 shall be provided within an
accessible bathroom. The clear floor spaces at fixtures and controls,
the accessible route, and the turning space may overlap.
4.23.4 Water Closets. If toilet stalls are
provided, then at least one shall be a standard toilet stall complying
with 4.17; where 6 or more stalls are provided, in addition to
the stall complying with 4.17.3, at least one stall 36 in (915
mm) wide with an outward swinging, self-closing door and parallel
grab bars complying with Fig. 30(d) and 4.26 shall be provided.
Water closets in such stalls shall comply with 4.16. If water
closets are not in stalls, then at least one shall comply with
4.16.
4.23.5 Urinals. If urinals are provided, then
at least one shall comply with 4.18.
4.23.6 Lavatories and Mirrors. If lavatories
and mirrors are provided, then at least one of each shall comply
with 4.19.
4.23.7 Controls and Dispensers. If controls, dispensers,
receptacles, or other equipment are provided,
then at least one of each shall be on an accessible route and
shall comply with 4.27.
4.23.8 Bathing and Shower Facilities. If tubs
or showers are provided, then at least one accessible tub that
complies with 4.20 or at least one accessible shower that complies
with 4.21 shall be provided.
4.23.9* Medicine Cabinets. If medicine cabinets
are provided, at least one shall be located with a usable shelf
no higher than 44 in (1120 mm) above the floor space. The floor
space shall comply with 4.2.4.
4.24 Sinks.
4.24.1 General. Sinks required to be accessible
by 4.1 shall comply with 4.24.
4.24.2 Height. Sinks shall be mounted with
the counter or rim no higher than 34 in (865 mm) above the finish
floor.
4.24.3 Knee Clearance. Knee clearance that
is at least 27 in (685 mm) high, 30 in (760 mm) wide, and 19 in
(485 mm) deep shall be provided underneath sinks.
4.24.4 Depth. Each sink shall be a maximum
of 6-1/2 in (165 mm) deep.
4.24.5 Clear Floor Space. A clear floor space
at least 30 in by 48 in (760 mm by 1220 mm) complying with 4.2.4
shall be provided in front of a sink to allow forward approach.
The clear floor space shall be on an accessible route and shall
extend a maximum of 19 in (485 mm) underneath the sink (see Fig.
32).
4.24.6 Exposed Pipes and Surfaces. Hot water
and drain pipes exposed under sinks shall be insulated or otherwise
configured so as to protect against contact. There shall be no
sharp or abrasive surfaces under sinks.
4.24.7 Faucets. Faucets shall comply with
4.27.4. Lever-operated, push-type, touch-type, or electronically
controlled mechanisms are acceptable designs.
4.25 Storage.
4.25.1 General. Fixed storage facilities such
as cabinets, shelves, closets, and drawers required to be accessible
by 4.1 shall comply with 4.25.
4.25.2 Clear Floor Space. A clear floor space
at least 30 in by 48 in (760 mm by 1220 mm) complying with 4.2.4
that allows either a forward or parallel approach by a person
using a wheelchair shall be provided at accessible storage facilities.
4.25.3 Height. Accessible storage spaces shall
be within at least one of the reach ranges specified in 4.2.5
and 4.2.6 (see Fig. 5 and Fig 6). Clothes rods or shelves shall
be a maximum of 54 in (1370 mm) above the finish floor for a side
approach. Where the distance from the wheelchair to the clothes
rod or shelf exceeds 10 in (255 mm) (as in closets without accessible
doors) the height and depth to the rod or shelf shall comply with
Fig. 38(a) and Fig. 38(b).
4.25.4 Hardware. Hardware for accessible storage facilities shall comply with 4.27.4. Touch latches and U-shaped pulls are
acceptable.
4.26 Handrails, Grab Bars, and Tub and Shower
Seats.
4.26.1* General. All handrails, grab bars,
and tub and shower seats required to be accessible by 4.1, 4.8,
4.9, 4.16, 4.17, 4.20 or 4.21 shall comply with 4.26.
4.26.2* Size and Spacing of Grab Bars and Handrails.
The diameter or width of the gripping surfaces of a handrail
or grab bar shall be 1-1/4 in to 1-1/2 in (32 mm to 38 mm), or
the shape shall provide an equivalent gripping surface. If handrails
or grab bars are mounted adjacent to a wall, the space between
the wall and the grab bar shall be 1-1/2 in (38 mm) (see Fig.
39(a), (b), (c), and (e)). Handrails may be located in a recess
if the recess is a maximum of 3 in (75 mm) deep and extends at
least 18 in (455 mm) above the top of the rail (see Fig. 39(d)).
4.26.3 Structural Strength. The structural
strength of grab bars, tub and shower seats, fasteners, and mounting
devices shall meet the following specification:
(1) Bending stress in a grab bar or seat
induced by the maximum bending moment from the application of
250 lbf (1112N) shall be less than the allowable stress for the
material of the grab bar or seat.
(2) Shear stress induced in a grab bar or seat by the
application of 250 lbf (1112N) shall be less
than the allowable shear stress for the material of the grab bar
or seat. If the connection between the grab bar or seat and its
mounting bracket or other support is considered to be fully restrained,
then direct and torsional shear stresses shall be totaled for
the combined shear stress, which shall not exceed the allowable
shear stress.
(3) Shear force induced in a fastener or
mounting device from the application of 250 lbf (1112N) shall
be less than the allowable lateral load of either the fastener
or mounting device or the supporting structure, whichever is the
smaller allowable load.
(4) Tensile force induced in a fastener by a direct tension force of 250 lbf (1112N) plus the maximum moment from the
application of 250 lbf (1112N) shall be less
than the allowable withdrawal load between the fastener and the
supporting structure.
(5) Grab bars shall not rotate within their
fittings.
4.26.4 Eliminating Hazards. A handrail or
grab bar and any wall or other surface adjacent to it shall be
free of any sharp or abrasive elements. Edges shall have a minimum
radius of 1/8 in (3.2 mm).
4.27 Controls and Operating Mechanisms.
4.27.1 General. Controls and operating mechanisms
required to be accessible by 4.1 shall comply with 4.27.
4.27.2 Clear Floor Space. Clear floor space
complying with 4.2.4 that allows a forward or a parallel approach
by a person using a wheelchair shall be provided at controls,
dispensers, receptacles, and other operable equipment.
4.27.3* Height. The highest operable part
of controls, dispensers, receptacles, and other operable equipment
shall be placed within at least one of the reach ranges specified
in 4.2.5 and 4.2.6. Electrical and communications system receptacles
on walls shall be mounted no less than 15 in (380 mm) above the
floor.
EXCEPTION: These requirements do not apply
where the use of special equipment dictates otherwise or where
electrical and communications systems receptacles are not normally
intended for use by building occupants.
4.27.4 Operation. Controls and operating mechanisms
shall be operable with one hand and shall not require tight grasping,
pinching, or twisting of the wrist. The force required to activate
controls shall be no greater than 5 lbf (22.2 N).
4.28 Alarms.
4.28.1 General. Alarm systems required to
be accessible by 4.1 shall comply with 4.28. At a minimum, visual
signal appliances shall be provided in buildings and facilities
in each of the following areas: restrooms and any other general
usage areas (e.g., meeting rooms), hallways, lobbies, and any
other area for common use.
4.28.2* Audible Alarms. If provided, audible
emergency alarms shall produce a sound that exceeds the prevailing
equivalent sound level in the room or space by at least 15 dbA
or exceeds any maximum sound level with a duration of 60 seconds
by 5 dbA, whichever is louder. Sound levels for alarm signals
shall not exceed 120 dbA.
4.28.3* Visual Alarms. Visual alarm signal
appliances shall be integrated into the building or facility alarm
system. If single station audible alarms are provided then single
station visual alarm signals shall be provided. Visual alarm
signals shall have the following minimum photometric and location
features:
(1) The lamp shall be a xenon strobe type or equivalent.
(2) The color shall be clear or nominal white (i.e., unfiltered or clear filtered white light).
(3) The maximum pulse duration shall be two-tenths of one second (0.2 sec) with a maximum duty cycle of 40 percent. The pulse duration is defined as the time interval between initial and final points of 10 percent of maximum signal.
(4) The intensity shall be a minimum of 75 candela.
(5) The flash rate shall be a minimum of 1 Hz and a maximum of 3 Hz.
(6) The appliance shall be placed 80 in (2030 mm) above the highest floor level within the space or 6 in (152 mm) below the ceiling, whichever is lower.
(7) In general, no place in any room or space required to have a visual signal appliance shall be more than 50 ft (15 m) from the signal (in the horizontal plane). In large rooms and spaces exceeding 100 ft (30 m) across, without obstructions 6 ft (2 m) above the finish floor, such as auditoriums, devices may be placed around the perimeter, spaced a maximum 100 ft (30 m) apart, in lieu of suspending appliances from the ceiling.
(8) No place in common corridors or hallways
in which visual alarm signalling appliances are required shall
be more than 50 ft (15 m) from the signal.
4.28.4* Auxiliary Alarms. Units and sleeping
accommodations shall have a visual alarm connected to the building
emergency alarm system or shall have a standard 110-volt electrical
receptacle into which such an alarm can be connected and a means
by which a signal from the building emergency alarm system can
trigger such an auxiliary alarm. When visual alarms are in place
the signal shall be visible in all areas of the unit or room.
Instructions for use of the auxiliary alarm or receptacle shall
be provided.
4.29 Detectable Warnings.
4.29.1 General. Detectable warnings required
by 4.1 and 4.7 shall comply with 4.29.
4.29.2* Detectable Warnings on Walking Surfaces.
Detectable warnings shall consist of raised truncated domes with
a diameter of nominal 0.9 in (23 mm), a height of nominal 0.2
in (5 mm) and a center-to-center spacing of nominal 2.35 in (60
mm) and shall contrast visually with adjoining surfaces, either
light-on-dark, or dark-on-light.
The material used to provide contrast shall
be an integral part of the walking surface. Detectable warnings
used on interior surfaces shall differ from adjoining walking
surfaces in resiliency or sound-on-cane contact.
4.29.3 Detectable Warnings on Doors To Hazardous Areas.
(Reserved).
4.29.4 Detectable Warnings at Stairs. (Reserved).
4.29.5 Detectable Warnings at Hazardous Vehicular
Areas. If a walk crosses or adjoins a vehicular way, and the
walking surfaces are not separated by curbs, railings, or other
elements between the pedestrian areas and vehicular areas, the
boundary between the areas shall be defined by a continuous detectable
warning which is 36 in (915 mm) wide, complying with 4.29.2.
4.29.6 Detectable Warnings at Reflecting Pools.
The edges of reflecting pools shall be protected by railings,
walls, curbs, or detectable warnings complying with 4.29.2.
4.29.7 Standardization. (Reserved).
4.30 Signage.
4.30.1* General. Signage required to be accessible
by 4.1 shall comply with the applicable provisions of 4.30.
4.30.2* Character Proportion. Letters and numbers on signs shall have a width-to-height ratio between 3:5 and 1:1 and a
stroke-width-to-height ratio between 1:5 and
1:10.
4.30.3 Character Height. Characters and numbers
on signs shall be sized according to the viewing distance from
which they are to be read. The minimum height is measured using
an upper case X. Lower case characters are permitted.
Height Above Finished Floor Minimum
Character Height
Suspended or Projected 3 in (75 mm)
Overhead in minimum
compliance with 4.4.2
4.30.4* Raised and Brailled Characters and
Pictorial Symbol Signs (Pictograms). Letters and numerals shall
be raised 1/32 in, upper case, sans serif or simple serif type
and shall be accompanied with Grade 2 Braille. Raised characters
shall be at least 5/8 in (16 mm) high, but no higher than 2 in
(50 mm). Pictograms shall be accompanied by the equivalent verbal
description placed directly below the pictogram. The border dimension
of the pictogram shall be 6 in (152 mm) minimum in height.
4.30.5* Finish and Contrast. The characters
and background of signs shall be eggshell, matte, or other non-glare
finish. Characters and symbols shall contrast with their background
--either light characters on a dark background or dark characters
on a light background.
4.30.6 Mounting Location and Height. Where permanent
identification is provided for rooms and spaces,
signs shall be installed on the wall adjacent to the latch side
of the door. Where there is no wall space to the latch side of
the door, including at double leaf doors, signs shall be placed
on the nearest adjacent wall. Mounting height shall be 60 in
(1525 mm) above the finish floor to the centerline of the sign.
Mounting location for such signage shall be so that a person
may approach within 3 in (76 mm) of signage without encountering
protruding objects or standing within the swing of a door.
4.30.7* Symbols of Accessibility.
(1) Facilities and elements required to be identified as accessible by 4.1 shall use the international symbol of
accessibility. The symbol shall be displayed
as shown in Fig. 43(a) and (b).
(2) Volume Control Telephones. Telephones
required to have a volume control by 4.1.3(17)(b) shall be identified
by a sign containing a depiction of a telephone handset with radiating
sound waves.
(3) Text Telephones. Text telephones required
by 4.1.3(17)(c) shall be identified by the international TDD symbol
(Fig 43(c)). In addition, if a facility has a public text telephone,
directional signage indicating the location of the nearest text
telephone shall be placed adjacent to all banks of telephones
which do not contain a text telephone. Such directional signage
shall include the international TDD symbol. If a facility has
no banks of telephones, the directional signage shall be provided
at the entrance (e.g., in a building directory).
(4) Assistive Listening Systems. In assembly
areas where permanently installed assistive listening systems
are required by 4.1.3(19)(b) the availability of such systems
shall be identified with signage that includes the international
symbol of access for hearing loss (Fig 43(d)).
4.30.8* Illumination Levels. (Reserved).
4.31 Telephones.
4.31.1 General. Public telephones required
to be accessible by 4.1 shall comply with 4.31.
4.31.2 Clear Floor or Ground Space. A clear
floor or ground space at least 30 in by 48 in (760 mm by 1220
mm) that allows either a forward or parallel approach by a person
using a wheelchair shall be provided at telephones (see Fig. 44).
The clear floor or ground space shall comply with 4.2.4. Bases,
enclosures, and fixed seats shall not impede approaches to telephones
by people who use wheelchairs.
4.31.3* Mounting Height. The highest operable part of the
telephone shall be within the reach ranges
specified in 4.2.5 or 4.2.6.
4.31.4 Protruding Objects. Telephones shall
comply with 4.4.
4.31.5 Hearing Aid Compatible and Volume Control
Telephones Required by 4.1.
(1) Telephones shall be hearing aid compatible.
(2) Volume controls, capable of a minimum
of 12 dbA and a maximum of 18 dbA above normal, shall be provided
in accordance with 4.1.3. If an automatic reset is provided then
18 dbA may be exceeded.
4.31.6 Controls. Telephones shall have pushbutton
controls where service for such equipment is available.
4.31.7 Telephone Books. Telephone books, if
provided, shall be located in a position that complies with the
reach ranges specified in 4.2.5 and 4.2.6.
4.31.8 Cord Length. The cord from the telephone
to the handset shall be at least 29 in (735 mm) long.
4.31.9* Text Telephones Required by 4.1.
(1) Text telephones used with a pay telephone shall be
permanently affixed within, or adjacent to, the telephone
enclosure. If an acoustic coupler is used, the telephone cord shall be sufficiently long to allow connection of the text
telephone and the telephone receiver.
(2) Pay telephones designed to accommodate a portable text telephone shall be equipped with a shelf and an electrical outlet within or adjacent to the telephone enclosure. The telephone handset shall be capable of being placed flush on the surface of the shelf. The shelf shall be capable of accommodating a text telephone and shall have 6 in (152 mm) minimum vertical clearance in the area where the text telephone is to be placed.
(3) Equivalent facilitation may be provided.
For example, a portable text telephone may be made available
in a hotel at the registration desk if it is available on a 24-hour
basis for use with nearby public pay telephones. In this instance,
at least one pay telephone shall comply with paragraph 2 of this
section. In addition, if an acoustic coupler is used, the telephone
handset cord shall be sufficiently long so as to allow connection
of the text telephone and the telephone receiver. Directional
signage shall be provided and shall comply with 4.30.7.
4.32 Fixed or Built-in Seating and Tables.
4.32.1 Minimum Number. Fixed or built-in seating
or tables required to be accessible by 4.1 shall comply with 4.32.
4.32.2 Seating. If seating spaces for people
in wheelchairs are provided at fixed tables or counters, clear
floor space complying with 4.2.4 shall be provided. Such clear
floor space shall not overlap knee space by more than 19 in (485
mm) (see Fig. 45).
4.32.3 Knee Clearances. If seating for people
in wheelchairs is provided at tables or counters, knee spaces
at least 27 in (685 mm) high, 30 in (760 mm) wide, and 19 in (485
mm) deep shall be provided (see Fig. 45).
4.32.4* Height of Tables or Counters. The
tops of accessible tables and counters shall be from 28 in to
34 in (710 mm to 865 mm) above the finish floor or ground.
4.33 Assembly Areas.
4.33.1 Minimum Number. Assembly and associated
areas required to be accessible by 4.1 shall comply with 4.33.
4.33.2* Size of Wheelchair Locations. Each
wheelchair location shall provide minimum clear ground or floor
spaces as shown in Fig. 46.
4.33.3* Placement of Wheelchair Locations.
Wheelchair areas shall be an integral part of any fixed seating
plan and shall be provided so as to provide people with physical
disabilities a choice of admission prices and lines of sight comparable
to those for members of the general public. They shall adjoin
an accessible route that also serves as a means of egress in case
of emergency. At least one companion fixed seat shall be provided
next to each wheelchair seating area. When the seating capacity
exceeds 300, wheelchair spaces shall be provided in more than
one location. Readily removable seats may be installed in wheelchair
spaces when the spaces are not required to accommodate wheelchair
users.
EXCEPTION: Accessible viewing positions may
be clustered for bleachers, balconies, and other areas having
sight lines that require slopes of greater than 5 percent. Equivalent
accessible viewing positions may be located on levels having accessible
egress.
4.33.4 Surfaces. The ground or floor at wheelchair
locations shall be level and shall comply with 4.5.
4.33.5 Access to Performing Areas. An accessible
route shall connect wheelchair seating locations with performing
areas, including stages, arena floors, dressing rooms, locker
rooms, and other spaces used by performers.
4.33.6* Placement of Listening Systems. If
the listening system provided serves individual fixed seats, then
such seats shall be located within a 50 ft (15 m) viewing distance
of the stage or playing area and shall have a complete view of
the stage or playing area.
4.33.7* Types of Listening Systems. Assistive
listening systems (ALS) are intended to augment standard public
address and audio systems by providing signals which can be received
directly by persons with special receivers or their own hearing
aids and which eliminate or filter background noise. The type
of assistive listening system appropriate for a particular application
depends on the characteristics of the setting, the nature of the
program, and the intended audience. Magnetic induction loops,
infra-red and radio frequency systems are types of listening systems
which are appropriate for various applications.
4.34 Automated Teller Machines.
4.34.1 General. Each automated teller machine required to be accessible by 4.1.3 shall be on an accessible route and shall comply with 4.34.
4.34.2 Clear Floor Space. The automated teller machine shall be located so that clear floor space complying with 4.2.4 is provided to allow a person using a wheelchair to make a forward approach, a parallel approach, or both, to the machine.
4.34.3 Reach Ranges.
(1) Forward Approach Only. If only a forward
approach is possible, operable parts of all controls shall be
placed within the forward reach range specified in 4.2.5.
(2) Parallel Approach Only. If only a parallel
approach is possible, operable parts of controls shall be placed
as follows:
(a) Reach Depth Not More Than 10 in (255
mm). Where the reach depth to the operable parts of all controls
as measured from the vertical plane perpendicular to the edge
of the unobstructed clear floor space at the farthest protrusion
of the automated teller machine or surround is not more than 10
in (255 mm), the maximum height above the finished floor or grade
shall be 54 in (1370 mm).
(b) Reach Depth More Than 10 in (255 mm).
Where the reach depth to the operable parts of any control as
measured from the vertical plane perpendicular to the edge of
the unobstructed clear floor space at the farthest protrusion
of the automated teller machine or surround is more than 10 in
(255 mm), the maximum height above the finished floor or grade
shall be as follows:
Reach Depth Maximum Height
In Mm In Mm
10 255 54 1370
11 280 53 _ 1360
12 305 53 1345
13 330 52 _ 1335
14 355 51 _ 1310
15 380 51 1295
16 405 50 _ 1285
17 430 50 1270
18 455 49 _ 1255
19 485 49 1245
20 510 48 _ 1230
21 535 47 _ 1205
22 560 47 1195
23 585 46 _ 1180
24 610 46 1170
(3) Forward and Parallel Approach. If both
a forward and parallel approach are possible, operable parts of
controls shall be placed within at least one of the reach ranges
in paragraphs (1) or (2) of this section.
(4) Bins. Where bins are provided, for envelopes,
waste paper, or other purposes, at least one of each type provided
shall comply with the applicable reach ranges in paragraph (1),
(2), or (3) of this section.
EXCEPTION: Where a function can be performed in a substantially equivalent manner by using an alternate control, only one of the controls needed to perform that function is required to comply with this section. If the controls are identified by tactile markings, such markings shall be provided on both controls.
4.34.4 Controls. Controls for user activation
shall comply with 4.27.4.
4.34.5 Equipment for Persons with Vision Impairments.
Instructions and all information for use shall be made accessible
to and independently usable by persons with vision impairments.
4.35 Dressing and Fitting Rooms.
4.35.1 General. Dressing and fitting rooms required to be
accessible by 4.1 shall comply with 4.35 and shall be on an accessible route.
4.35.2 Clear Floor Space. A clear floor space
allowing a person using a wheelchair to make a 180-degree turn
shall be provided in every accessible dressing room entered through
a swinging or sliding door. No door shall swing into any part
of the turning space. Turning space shall not be required in
a private dressing room entered through a curtained opening at
least 32 in (815 mm) wide if clear floor space complying with
section 4.2 renders the dressing room usable by a person using
a wheelchair.
4.35.3 Doors. All doors to accessible dressing
rooms shall be in compliance with section 4.13.
4.35.4 Bench. Every accessible dressing room
shall have a 24 in by 48 in (610 mm by 1220 mm) bench fixed to
the wall along the longer dimension. The bench shall be mounted
17 in to 19 in (430 mm to 485 mm) above the finish floor. Clear
floor space shall be provided alongside the bench to allow a person
using a wheelchair to make a parallel transfer onto the bench.
The structural strength of the bench and attachments shall comply
with 4.26.3. Where installed in conjunction with showers, swimming
pools, or other wet locations, water shall not accumulate upon
the surface of the bench and the bench shall have a slip-resistant
surface.
4.35.5 Mirror. Where mirrors are provided
in dressing rooms of the same use, then in an accessible dressing
room, a full-length mirror, measuring at least 18 in wide by 54
in high (460 mm by 1370 mm), shall be mounted in a position affording
a view to a person on the bench as well as to a person in a standing
position.
NOTE: Sections 4.1.1 through 4.1.7 and sections
5 through 10 are different from ANSI A117.1 in their entirety
and are printed in standard type.
5. RESTAURANTS AND CAFETERIAS.
5.1* General. Except as specified or modified
in this section, restaurants and cafeterias shall comply with
the requirements of 4.1 to 4.35. Where fixed tables (or dining
counters where food is consumed but there is no service) are provided,
at least 5 percent, but not less than one, of the fixed tables
(or a portion of the dining counter) shall be accessible and shall
comply with 4.32 as required in 4.1.3(18). In establishments
where separate areas are designated for smoking and non-smoking
patrons, the required number of accessible fixed tables (or counters)
shall be proportionally distributed between the smoking and non-smoking
areas. In new construction, and where practicable in alterations,
accessible fixed tables (or counters) shall be distributed throughout
the space or facility.
5.2 Counters and Bars. Where food or drink
is served at counters exceeding 34 in (865 mm) in height for consumption
by customers seated on stools or standing at the counter, a portion
of the main counter which is 60 in (1525 mm) in length minimum
shall be provided in compliance with 4.32 or service shall be
available at accessible tables within the same area.
5.3 Access Aisles. All accessible fixed tables
shall be accessible by means of an access aisle at least 36 in
(915 mm) clear between parallel edges of tables or between a wall
and the table edges.
5.4 Dining Areas. In new construction, all dining areas, including raised or sunken dining areas, loggias, and outdoor seating areas, shall be accessible. In non-elevator buildings, an accessible means of vertical access to the mezzanine is not required under the following conditions: 1) the area of mezzanine seating measures no more than 33 percent of the area of the total accessible seating area; 2) the same services and decor are provided in an accessible space usable by the general public; and, 3) the accessible areas are not restricted to use by people with disabilities. In
alterations, accessibility to raised or sunken
dining areas, or to all parts of outdoor seating areas is not
required provided that the same services and decor are provided
in an accessible space usable by the general public and are not
restricted to use by people with disabilities.
5.5 Food Service Lines. Food service lines
shall have a minimum clear width of 36 in (915 mm), with a preferred
clear width of 42 in (1065 mm) to allow passage around a person
using a wheelchair. Tray slides shall be mounted no higher than
34 in (865 mm) above the floor (see Fig. 53). If self-service
shelves are provided, at least 50 percent of each type must be
within reach ranges specified in 4.2.5 and 4.2.6.
5.6 Tableware and Condiment Areas. Self-service
shelves and dispensing devices for tableware, dishware, condiments,
food and beverages shall be installed to comply with 4.2 (see
Fig. 54).
5.7 Raised Platforms. In banquet rooms or
spaces where a head table or speaker's lectern is located on a
raised platform, the platform shall be accessible in compliance
with 4.8 or 4.11. Open edges of a raised platform shall be protected
by placement of tables or by a curb.
5.8 Vending Machines and Other Equipment.
Spaces for vending machines and other equipment shall comply with
4.2 and shall be located on an accessible route.
5.9 Quiet Areas. (Reserved).
6. MEDICAL CARE FACILITIES.
6.1 General. Medical care facilities included
in this section are those in which people receive physical or
medical treatment or care and where persons may need assistance
in responding to an emergency and where the period of stay may
exceed twenty-four hours. In addition to the requirements of
4.1 through 4.35, medical care facilities and buildings shall
comply with 6.
(1) Hospitals - general purpose hospitals, psychiatric
facilities, detoxification facilities - At
least 10 percent of patient bedrooms and toilets, and all public
use and common use areas are required to be designed and constructed
to be accessible.
(2) Hospitals and rehabilitation facilities
that specialize in treating conditions that affect mobility, or
units within either that specialize in treating conditions that
affect mobility - All patient bedrooms and toilets, and all public
use and common use areas are required to be designed and constructed
to be accessible.
(3) Long term care facilities, nursing homes
- At least 50 percent of patient bedrooms and toilets, and all
public use and common use areas are required to be designed and
constructed to be accessible.
(4) Alterations to patient bedrooms.
(a) When patient bedrooms are being added or altered as part of a planned renovation of an entire wing, a department, or other discrete area of an existing medical facility, a percentage of the patient bedrooms that are being added or altered shall comply with 6.3. The percentage of accessible rooms provided shall be
consistent with the percentage of rooms required
to be accessible by the applicable requirements of 6.1(1), 6.1(2),
or 6.1(3), until the number of accessible patient bedrooms in
the facility equals the overall number that would be required
if the facility were newly constructed. (For example, if 20 patient
bedrooms are being altered in the obstetrics department of a hospital,
2 of the altered rooms must be made accessible. If, within the
same hospital, 20 patient bedrooms are being altered in a unit
that specializes in treating mobility impairments, all of the
altered rooms must be made accessible.) Where toilet/bathrooms
are part of patient bedrooms which are added or altered and required
to be accessible, each such patient toilet/bathroom shall comply
with 6.4.
(b) When patient bedrooms are being added or altered
individually, and not as part of an alteration
of the entire area, the altered patient bedrooms shall comply
with 6.3, unless either: a) the number of accessible rooms provided
in the department or area containing the altered patient bedroom
equals the number of accessible patient bedrooms that would be
required if the percentage requirements of 6.1(1), 6.1(2), or
6.1(3) were applied to that department or area; or b) the number
of accessible patient bedrooms in the facility equals the overall
number that would be required if the facility were newly constructed.
Where toilet/bathrooms are part of patient bedrooms which are
added or altered and required to be accessible, each such toilet/bathroom
shall comply with 6.4.
6.2 Entrances. At least one accessible entrance that complies with 4.14 shall be protected from the weather by canopy or roof
overhang. Such entrances shall incorporate
a passenger loading zone that complies with 4.6.6.
6.3 Patient Bedrooms. Provide accessible patient
bedrooms in compliance with 4.1 through 4.35. Accessible patient
bedrooms shall comply with the following:
(1) Each bedroom shall have a door that
complies with 4.13.
EXCEPTION: Entry doors to acute care hospital
bedrooms for in-patients shall be exempted from the requirement
in 4.13.6 for maneuvering space at the latch side of the door
if the door is at least 44 in (1120 mm) wide.
(2) Each bedroom shall have adequate space to provide a
maneuvering space that complies with 4.2.3.
In rooms with 2 beds, it is preferable that this space be located
between beds.
(3) Each bedroom shall have adequate space
to provide a minimum clear floor space of 36 in (915 mm) along
each side of the bed and to provide an accessible route complying
with 4.3.3 to each side of each bed.
6.4 Patient Toilet Rooms. Where toilet/bath
rooms are provided as a part of a patient bedroom, each patient
bedroom that is required to be accessible shall have an accessible
toilet/bath room that complies with 4.22 or 4.23 and shall be
on an accessible route.
7. BUSINESS AND MERCANTILE.
7.1 General. In addition to the requirements
of 4.1 to 4.35, the design of all areas used for business transactions
with the public shall comply with 7.
7.2 Sales and Service Counters, Teller Windows,
Information Counters.
(1) In department stores and miscellaneous retail stores where counters have cash registers and are provided for sales or
distribution of goods or services to the public,
at least one of each type shall have a portion of the counter
which is at least 36 in (915mm) in length with a maximum height
of 36 in (915 mm) above the finish floor. It shall be on an accessible
route complying with 4.3. The accessible counters must be dispersed
throughout the building or facility. In alterations where it
is technically infeasible to provide an accessible counter, an
auxiliary counter meeting these requirements may be provided.
(2) At ticketing counters, teller stations in a bank,
registration counters in hotels and motels,
box office ticket counters, and other counters that may not have
a cash register but at which goods or services are sold or distributed,
either:
(i) a portion of the main counter which
is a minimum of 36 in (915 mm) in length shall be provided with
a maximum height of 36 in (915 mm); or
(ii) an auxiliary counter with a maximum
height of 36 in (915 mm) in close proximity to the main counter
shall be provided; or
(iii) equivalent facilitation shall be
provided (e.g., at a hotel registration counter, equivalent facilitation
might consist of: (1) provision of a folding shelf attached to
the main counter on which an individual with disabilities can
write, and (2) use of the space on the side of the counter or
at the concierge desk, for handing materials back and forth).
All accessible sales and service counters shall
be on an accessible route complying with 4.3.
(3)* Assistive Listening Devices. (Reserved)
7.3* Check-out Aisles.
(1) In new construction, accessible check-out
aisles shall be provided in conformance with the table below:
Total Check-out Aisles Minimum Number of Accessible
of Each Design Check-out Aisles
Of Each Design
1 - 4 1
5 - 8 2
8 - 15 3
over 15 3, plus 20% of additional
aisles
EXCEPTION: In new construction, where the
selling space is under 5000 square feet, only one check-out aisle
is required to be accessible.
EXCEPTION: In alterations, at least one check-out aisle shall be accessible in facilities under 5000 square feet of selling space. In facilities of 5000 or more square feet of selling space, at least one of each design of check-out aisle shall be made
accessible when altered until the number of accessible check-out aisles of each design equals the number required in new
construction.
Examples of check-out aisles of different "design" include those which are specifically designed to serve different functions. Different "design" includes but is not limited to the following features - length of belt or no belt; or permanent signage
designating the aisle as an express lane.
(2) Clear aisle width for accessible check-out
aisles shall comply with 4.2.1 and maximum adjoining counter height
shall not exceed 38 in (965 mm) above the finish floor. The top
of the lip shall not exceed 40 in (1015 mm) above the finish floor.
(3) Signage identifying accessible check-out
aisles shall comply with 4.30.7 and shall be mounted above the
check-out aisle in the same location where the check-out number
or type of check-out is displayed.
7.4 Security Bollards. Any device used to
prevent the removal of shopping carts from store premises shall
not prevent access or egress to people in wheelchairs. An alternate
entry that is equally convenient to that provided for the ambulatory
population is acceptable.
8. LIBRARIES.
8.1 General. In addition to the requirements
of 4.1 to 4.35, the design of all public areas of a library shall
comply with 8, including reading and study areas, stacks, reference
rooms, reserve areas, and special facilities or collections.
8.2 Reading and Study Areas. At least 5 percent or a minimum of one of each element of fixed seating, tables, or study carrels shall comply with 4.2 and 4.32. Clearances between fixed
accessible tables and between study carrels
shall comply with 4.3.
8.3 Check-Out Areas. At least one lane at
each check-out area shall comply with 7.2(1). Any traffic control
or book security gates or turnstiles shall comply with 4.13.
8.4 Card Catalogs and Magazine Displays. Minimum
clear aisle space at card catalogs and magazine displays shall
comply with Fig. 55. Maximum reach height shall comply with 4.2,
with a height of 48 in (1220 mm) preferred irrespective of approach
allowed.
8.5 Stacks. Minimum clear aisle width between stacks shall comply with 4.3, with a minimum clear aisle width of 42 in (1065 mm) preferred where possible. Shelf height in stack areas is
unrestricted (see Fig. 56).
9. ACCESSIBLE TRANSIENT LODGING.
(1) Except as specified in the special technical provisions of this section, accessible transient lodging shall comply with the applicable requirements of 4.1 through 4.35. Transient lodging includes facilities or portions thereof used for sleeping
accommodations, when not classed as a medical
care facility.
9.1 Hotels, Motels, Inns, Boarding Houses, Dormitories, Resorts and Other Similar Places of Transient Lodging.
9.1.1 General. All public use and common use
areas are required to be designed and constructed to comply with
section 4 (Accessible Elements and Spaces: Scope and Technical
Requirements).
EXCEPTION: Sections 9.1 through 9.4 do not apply to an
establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such
proprietor.
9.1.2 Accessible Units, Sleeping Rooms, and Suites. Accessible sleeping rooms or suites that comply with the requirements of 9.2 (Requirements for Accessible Units, Sleeping Rooms, and Suites) shall be provided in conformance with the table below. In
addition, in hotels, of 50 or more sleeping
rooms or suites, additional accessible sleeping rooms or suites
that include a roll-in shower shall also be provided in conformance
with the table below. Such accommodations shall comply with the
requirements of 9.2, 4.21, and Figure 57(a) or (b).
Number of Rooms Accessible Rooms Rooms
with Roll-in Showers
1 to 25 1
26 to 50 2
51 to 75 3 1
76 to 100 4 1
101 to 150 5 2
151 to 200 6 2
201 to 300 7 3
301 to 400 8 4
401 to 500 9 4, plus one for each additional
501 to 1000 2% of total 100 over 400
1001 and over 20 plus 1 for each
100 over 1000
9.1.3 Sleeping Accommodations for Persons with
Hearing Impairments. In addition to those accessible sleeping
rooms and suites required by 9.1.2, sleeping rooms and suites
that comply with 9.3 (Visual Alarms, Notification Devices, and
Telephones) shall be provided in conformance with the following
table:
Number of Elements Accessible
Elements
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2% of total
1001 and over 20 plus 1 for each 100
over 1000
9.1.4 Classes of Sleeping Accommodations.
(1) In order to provide persons with disabilities
a range of options equivalent to those available to other persons
served by the facility, sleeping rooms and suites required to
be accessible by 9.1.2 shall be dispersed among the various classes
of sleeping accommodations available to patrons of the place of
transient lodging. Factors to be considered include room size,
cost, amenities provided, and the number of beds provided.
(2) Equivalent Facilitation. For purposes
of this section, it shall be deemed equivalent facilitation if
the operator of a facility elects to limit construction of accessible
rooms to those intended for multiple occupancy, provided that
such rooms are made available at the cost of a single occupancy
room to an individual with disabilities who requests a single-occupancy
room.
9.1.5. Alterations to Accessible Units, Sleeping Rooms, and Suites. When sleeping rooms are being altered in an existing facility, or portion thereof, subject to the requirements of this section, at least one sleeping room or suite that complies with the requirements of 9.2 (Requirements for Accessible Units, Sleeping Rooms, and Suites) shall be provided for each 25
sleeping rooms, or fraction thereof, of rooms
being altered until the number of such rooms provided equals the
number required to be accessible with 9.1.2. In addition, at
least one sleeping room or suite that complies with the requirements
of 9.3 (Visual Alarms, Notification Devices, and Telephones) shall
be provided for each 25 sleeping rooms, or fraction thereof, of
rooms being altered until the number of such rooms equals the
number required to be accessible by 9.1.3.
9.2 Requirements for Accessible Units, Sleeping Rooms and Suites.
9.2.1 General. Units, sleeping rooms, and
suites required to be accessible by 9.1 shall comply with 9.2.
9.2.2 Minimum Requirements. An accessible
unit, sleeping room or suite shall be on an accessible route complying
with 4.3 and have the following accessible elements and spaces.
(1) Accessible sleeping rooms shall have
a 36 in (915 mm) clear width maneuvering space located along both
sides of a bed, except that where two beds are provided, this
requirement can be met by providing a 36 in (915 mm) wide maneuvering
space located between the two beds.
(2) An accessible route complying with 4.3
shall connect all accessible spaces and elements, including telephones,
within the unit, sleeping room, or suite. This is not intended
to require an elevator in multi-story units as long as the spaces
identified in 9.2.2(6) and (7) are on accessible levels and the
accessible sleeping area is suitable for dual occupancy.
(3) Doors and doorways designed to allow passage into and within all sleeping rooms, suites or other covered units shall comply with 4.13.
(4) If fixed or built-in storage facilities
such as cabinets, shelves, closets, and drawers are provided in
accessible spaces, at least one of each type provided shall contain
storage space complying with 4.25. Additional storage may be
provided outside of the dimensions required by 4.25.
(5) All controls in accessible units, sleeping
rooms, and suites shall comply with 4.27.
(6) Where provided as part of an accessible unit, sleeping room, or suite, the following spaces shall be accessible and shall be on an accessible route:
(a) the living area.
(b) the dining area.
(c) at least one sleeping area.
(d) patios, terraces, or balconies.
EXCEPTION: The requirements of 4.13.8 and 4.3.8
do not apply where it is necessary to utilize a higher door threshold
or a change in level to protect the integrity of the unit from
wind/water damage. Where this exception results in patios, terraces
or balconies that are not at an accessible level, equivalent facilitation
shall be provided. (e.g., Equivalent facilitation at a hotel patio
or balcony might consist of providing raised decking or a ramp
to provide accessibility).
(e) at least one full bathroom (i.e., one with a water closet, a lavatory, and a bathtub or shower).
(f) if only half baths are provided, at
least one half bath. (g) carports, garages or parking spaces.
(7) Kitchens, Kitchenettes, or Wet Bars.
When provided as accessory to a sleeping room or suite, kitchens,
kitchenettes, wet bars, or similar amenities shall be accessible.
Clear floor space for a front or parallel approach to cabinets,
counters, sinks, and appliances shall be provided to comply with
4.2.4. Countertops and sinks shall be mounted at a maximum height
of 34 in (865 mm) above the floor. At least fifty percent of
shelf space in cabinets or refrigerator/freezers shall be within
the reach ranges of 4.2.5 or 4.2.6 and space shall be designed
to allow for the operation of cabinet and/or appliance doors so
that all cabinets and appliances are accessible and usable. Controls
and operating mechanisms shall comply with 4.27.
(8) Sleeping room accommodations for persons
with hearing impairments required by 9.1 and complying with 9.3
shall be provided in the accessible sleeping room or suite.
9.3 Visual Alarms, Notification Devices and
Telephones.
9.3.1 General. In sleeping rooms required to comply with this section, auxiliary visual alarms shall be provided and shall comply with 4.28.4. Visual notification devices shall also be provided in units, sleeping rooms and suites to alert room
occupants of incoming telephone calls and a door knock or bell. Notification devices shall not be connected to auxiliary visual alarm signal appliances. Permanently installed telephones shall have volume controls complying with 4.31.5; an accessible
electrical outlet within 4 ft (1220 mm) of
a telephone connection shall be provided to facilitate the use
of a text telephone.
9.3.2 Equivalent Facilitation. For purposes of this section, equivalent facilitation shall include the installation of
electrical outlets (including outlets connected
to a facility's central alarm system) and telephone wiring in
sleeping rooms and suites to enable persons with hearing impairments
to utilize portable visual alarms and communication devices provided
by the operator of the facility.
9.4 Other Sleeping Rooms and Suites. Doors
and doorways designed to allow passage into and within all sleeping
units or other covered units shall comply with 4.13.5.
9.5 Transient Lodging in Homeless Shelters,
Halfway Houses, Transient Group Homes, and Other Social Service
Establishments.
9.5.1 New Construction. In new construction
all public use and common use areas are required to be designed
and constructed to comply with section 4. At least one of each
type of amenity (such as washers, dryers and similar equipment
installed for the use of occupants) in each common area shall
be accessible and shall be located on an accessible route to any
accessible unit or sleeping accommodation.
EXCEPTION: Where elevators are not provided as allowed in
4.1.3(5), accessible amenities are not required
on inaccessible floors as long as one of each type is provided
in common areas on accessible floors.
9.5.2 Alterations.
(1) Social service establishments which are not homeless shelters:
(a) The provisions of 9.5.3 and 9.1.5 shall apply to
sleeping rooms and beds.
(b) Alteration of other areas shall be consistent with the new construction provisions of 9.5.1.
(2) Homeless shelters. If the following elements are altered, the following requirements apply:
(a) at least one public entrance shall allow a person with mobility impairments to approach, enter and exit including a minimum clear door width of 32 in (815 mm).
(b) sleeping space for homeless persons as provided in the scoping provisions of 9.1.2 shall include doors to the sleeping area with a minimum clear width of 32 in (815 mm) and maneuvering space around the beds for persons with mobility impairments complying with 9.2.2(1).
(c) at least one toilet room for each gender or one unisex toilet room shall have a minimum clear door width of 32 in (815 mm), minimum turning space complying with 4.2.3, one water closet complying with 4.16, one lavatory complying with 4.19 and the door shall have a privacy latch; and, if provided, at least one tub or shower shall comply with 4.20 or 4.21, respectively.
(d) at least one common area which a person with mobility impairments can approach, enter and exit including a minimum clear door width of 32 in (815 mm).
(e) at least one route connecting elements (a), (b), (c) and (d) which a person with mobility impairments can use including minimum clear width of 36 in (915 mm), passing space complying with 4.3.4, turning space complying with 4.2.3 and changes in levels complying with 4.3.8.
(f) homeless shelters can comply with
the provisions of (a)-(e) by providing the above elements on one
accessible floor.
9.5.3. Accessible Sleeping Accommodations in New Construction. Accessible sleeping rooms shall be provided in conformance with the table in 9.1.2 and shall comply with 9.2 Accessible Units, Sleeping Rooms and Suites (where the items are provided).
Additional sleeping rooms that comply with 9.3 Sleeping
Accommodations for Persons with Hearing Impairments
shall be provided in conformance with the table provided in 9.1.3.
In facilities with multi-bed rooms or spaces,
a percentage of the beds equal to the table provided in 9.1.2
shall comply with 9.2.2(1).
10 TRANSPORTATION FACILITIES
10.1 General. Every station, bus stop, bus stop pad, terminal, building or other transportation facility, shall comply with the applicable provisions of 4.1 through 4.35, sections 5 through 9, and the applicable provisions of this section. The exceptions for elevators in 4.1.3(5) exception 1 and 4.1.6(1)(k) do not apply to a terminal, depot, or other station used for specified public transportation, or an airport passenger terminal, or facilities subject to Title II.
10.2 Bus Stops and Terminals.
10.2.1 New Construction.
(1) Where new bus stop pads are constructed
at bus stops, bays or other areas where a lift or ramp is to be
deployed, they shall have a firm, stable surface; a minimum clear
length of 96 inches (measured from the curb or vehicle roadway
edge) and a minimum clear width of 60 inches (measured parallel
to the vehicle roadway) to the maximum extent allowed by legal
or site constraints; and shall be connected to streets, sidewalks
or pedestrian paths by an accessible route complying with 4.3
and 4.4. The slope of the pad parallel to the roadway shall,
to the extent practicable, be the same as the roadway. For water
drainage, a maximum slope of 1:50 (2%) perpendicular to the roadway
is allowed.
(2) Where provided, new or replaced bus shelters
shall be installed or positioned so as to permit a wheelchair
or mobility aid user to enter from the public way and to reach
a location, having a minimum clear floor area of 30 inches by
48 inches, entirely within the perimeter of the shelter. Such
shelters shall be connected by an accessible route to the boarding
area provided under paragraph (1) of this section.
(3) Where provided, all new bus route identification
signs shall comply with 4.30.5. In addition, to the maximum extent
practicable, all new bus route identification signs shall comply
with 4.30.2 and 4.30.3. Signs that are sized to the maximum dimensions
permitted under legitimate local, state or federal regulations
or ordinances shall be considered in compliance with 4.30.2 and
4.30.3 for purposes of this section.
EXCEPTION: Bus schedules, timetables, or maps
that are posted at the bus stop or bus bay are not required to
comply with this provision.
10.2.2 Bus Stop Siting and Alterations.
(1) Bus stop sites shall be chosen such that,
to the maximum extent practicable, the areas where lifts or ramps
are to be deployed comply with section 10.2.1(1) and (2).
(2) When new bus route identification signs are installed or old signs are replaced, they shall comply with the requirements of 10.2.1(3).
10.3 Fixed Facilities and Stations.
10.3.1 New Construction. New stations in rapid
rail, light rail, commuter rail, intercity bus, intercity rail,
high speed rail, and other fixed guideway systems (e.g., automated
guideway transit, monorails, etc.) shall comply with the following
provisions, as applicable.
(1) Elements such as ramps, elevators or
other circulation devices, fare vending or other ticketing areas,
and fare collection areas shall be placed to minimize the distance
which wheelchair users and other persons who cannot negotiate
steps may have to travel compared to the general public. The
circulation path, including an accessible entrance and an accessible
route, for persons with disabilities shall, to the maximum extent
practicable, coincide with the circulation path for the general
public. Where the circulation path is different, signage complying
with 4.30.1, 4.30.2, 4.30.3, 4.30.5, and 4.30.7(1) shall be provided
to indicate direction to and identify the accessible entrance
and accessible route.
(2) In lieu of compliance with 4.1.3(8),
at least one entrance to each station shall comply with 4.14,
Entrances. If different entrances to a station serve different
transportation fixed routes or groups of fixed routes, at least
one entrance serving each group or route shall comply with 4.14,
Entrances. All accessible entrance shall, to the maximum extent
practicable, coincide with those used by the majority of the general
public.
(3) Direct connections to commercial, retail,
or residential facilities shall have an accessible route complying
with 4.3 from the point of connection to boarding platforms and
all transportation system elements used by the public. Any elements
provided to facilitate future direct connections shall be on an
accessible route connecting boarding platforms and all transportation
system elements used by the public.
(4) Where signs are provided at entrances
to stations identifying the station or the entrance, or both,
at least one sign at each entrance shall comply with 4.30.4 and
4.30.6. Such signs shall be placed in uniform locations at entrances
within the transit system to the maximum extent practicable.
EXCEPTION: Where the station has no defined entrance, but signage is provided, then the accessible signage shall be placed in a central location.
(5) Stations covered by this section shall
have identification signs complying with 4.30.1, 4.30.2, 4.30.3,
and 4.30.5. Signs shall be placed at frequent intervals and shall
be clearly visible from within the vehicle on both sides when
not obstructed by another train. When station identification
signs are placed close to vehicle windows (i.e., on the side opposite
from boarding) each shall have the top of the highest letter or
symbol below the top of the vehicle window and the bottom of the
lowest letter or symbol above the horizontal mid-line of the vehicle
window.
(6) Lists of stations, routes, or destinations
served by the station and located on boarding areas, platforms,
or mezzanines shall comply with 4.30.1, 4.30.2, 4.30.3, and 4.30.5.
A minimum of one sign identifying the specific station and complying
with 4.30.4 and 4.30.6 shall be provided on each platform or boarding
area. All signs referenced in this paragraph shall, to the maximum
extent practicable, be placed in uniform locations within the
transit system.
(7)* Automatic fare vending, collection and
adjustment (e.g., add-fare) systems shall comply with 4.34.2,
4.34.3, 4.34.4, and 4.34.5. At each accessible entrance such
devices shall be located on an accessible route. If self-service
fare collection devices are provided for the use of the general
public, at least one accessible device for entering, and at least
one for exiting, unless one device serves both functions, shall
be provided at each accessible point of entry or exit. Accessible
fare collection devices shall have a minimum clear opening width
of 32 in; shall permit passage of a wheelchair; and, where provided,
coin or card slots and controls necessary for operation shall
comply with 4.27. Gates which must be pushed open by wheelchair
or mobility aid users shall have a smooth continuous surface extending
from 2 inches above the floor to 27 inches above the floor and
shall comply with 4.13. Where the circulation path does not coincide
with that used by the general public, accessible fare collection
systems shall be located at or adjacent to the accessible point
of entry or exit.
(8) Platform edges bordering a drop-off and not protected by platform screens or guard rails shall have a detectable warning. Such detectable warnings shall comply with 4.29.2 and shall be 24 inches wide running the full length of the platform drop-off.
(9) In stations covered by this section,
rail-to-platform height in new stations shall be coordinated with
the floor height of new vehicles so that the vertical difference,
measured when the vehicle is at rest, is within plus or minus
5/8 inch under normal passenger load conditions. For rapid rail,
light rail, commuter rail, high speed rail, and intercity rail
systems in new stations, the horizontal gap, measured when the
new vehicle is at rest, shall be no greater than 3 in. For slow
moving automated guideway "people mover" transit systems,
the horizontal gap in new stations shall be no greater than 1
in.
EXCEPTION 1: Existing vehicles operating in
new stations may have a vertical difference with respect to the
new platform within plus or minus 1-1/2 in.
EXCEPTION 2: In light rail, commuter rail and
intercity rail systems where it is not operationally or structurally
feasible to meet the horizontal gap or vertical difference requirements,
mini-high platforms, car-borne or platform-mounted lifts, ramps
or bridge plates, or similar manually deployed devices, meeting
the applicable requirements of 36 C.F.R. part 1192, or 49 C.F.R.
part 38 shall suffice.
(10) Stations shall not be designed or constructed
so as to require persons with disabilities to board or alight
from a vehicle at a location other than one used by the general
public.
(11) Illumination levels in the areas where
signage is located shall be uniform and shall minimize glare on
signs. Lighting along circulation routes shall be of a type and
configuration to provide uniform illumination.
(12) Text Telephones: The following shall
be provided in accordance with 4.31.9:
(a) If an interior public pay telephone
is provided in a transit facility (as defined by the Department
of Transportation) at least one interior public text telephone
shall be provided in the station.
(b) Where four or more public pay telephones serve a particular entrance to a rail station and at least one is in an interior location, at least one interior public text telephone shall be provided to serve that entrance. Compliance with this section constitutes compliance with section 4.1.3(17)(c).
(13) Where it is necessary to cross tracks
to reach boarding platforms, the route surface shall be level
and flush with the rail top at the outer edge and between rails,
except for a maximum 2-1/2 inch gap on the inner edge of each
rail to permit passage of wheel flanges. Such crossings shall
comply with 4.29.5. Where gap reduction is not practicable, an
above-grade or below-grade accessible route shall be provided.
(14) Where public address systems are provided
to convey information to the public in terminals, stations, or
other fixed facilities, a means of conveying the same or equivalent
information to persons with hearing loss or who are deaf shall
be provided.
(15) Where clocks are provided for use by
the general public, the clock face shall be uncluttered so that
its elements are clearly visible. Hands, numerals, and/or digits
shall contrast with the background either light-on-dark or dark-on-light.
Where clocks are mounted overhead, numerals and/or digits shall
comply with 4.30.3. Clocks shall be placed in uniform locations
throughout the facility and system to the maximum extent practicable.
(16) Where provided in below grade stations,
escalators shall have a minimum clear width of 32 inches. At
the top and bottom of each escalator run, at least two contiguous
treads shall be level beyond the comb plate before the risers
begin to form. All escalator treads shall be marked by a strip
of clearly contrasting color, 2 inches in width, placed parallel
to and on the nose of each step. The strip shall be of a material
that is at least as slip resistant as the remainder of the tread.
The edge of the tread shall be apparent from both ascending and
descending directions.
(17) Where provided, elevators shall be glazed
or have transparent panels to allow an unobstructed view both
in to and out of the car. Elevators shall comply with 4.10.
EXCEPTION: Elevator cars with a clear floor
area in which a 60 inch diameter circle can be inscribed may be
substituted for the minimum car dimensions of 4.10, Fig. 22.
(18) Where provided, ticketing areas shall permit persons with disabilities to obtain a ticket and check baggage and shall comply with 7.2.
(19) Where provided, baggage check-in and retrieval systems shall be on an accessible route complying with 4.3, and shall have space immediately adjacent complying with 4.2. If unattended security barriers are provided, at least one gate shall comply with 4.13. Gates which must be pushed open by wheelchair or mobility aid users shall have a smooth continuous surface extending from 2 inches above the floor to 27 inches above the floor.
10.3.2 Existing Facilities: Key Stations.
(1) Rapid, light and commuter rail key stations,
as defined under criteria established by the Department of Transportation
in subpart C of 49 CFR part 37 and existing intercity rail stations
shall provide at least one accessible route from an accessible
entrance to those areas necessary for use of the transportation
system.
(2) The accessible route required by 10.3.2(1)
shall include the features specified in 10.3.1(1), (4)-(9), (11)-(15),
and (17)-(19).
(3) Where technical infeasability in existing
stations requires the accessible route to lead from the public
way to a paid area of the transit system, an accessible fare collection
system, complying with 10.3.1(7), shall be provided along such
accessible route.
(4) In light rail, rapid rail and commuter
rail key stations, the platform or a portion thereof and the vehicle
floor shall be coordinated so that the vertical difference, measured
when the vehicle is at rest, is within plus or minus 1-1/2 inches
under all normal passenger load conditions, and the horizontal
gap, measured when the vehicle is at rest, is no greater than
3 inches for at least one door of each vehicle or car required
to be accessible by 49 CFR part 37.
EXCEPTION 1: Existing vehicles retrofitted
to meet the requirements of 49 CFR 37.93 (one-car-per-train rule)
shall be coordinated with the platform such that, for at least
one door, the vertical difference between the vehicle floor and
the platform, measured when the vehicle is at rest with 50% normal
passenger capacity, is within plus or minus 2 inches and the horizontal
gap is no greater than 4 inches.
EXCEPTION 2: Where it is not structurally or
operationally feasible to meet the horizontal gap or vertical
difference requirements, mini-high platforms, car-borne or platform
mounted lifts, ramps or bridge plates, or similar manually deployed
devices, meeting the applicable requirements of 36 CFR part 1192,
or 49 CFR part 38, shall suffice.
(5) New direct connections to commercial,
retail, or residential facilities shall, to the maximum extent
feasible, have an accessible route complying with 4.3 from the
point of connection to boarding platforms and all transportation
system elements used by the public. Any elements provided to
facilitate future direct connections shall be on an accessible
route connecting boarding platforms and all transportation system
elements used by the public.
10.3.3 Existing Facilities: Alterations.
(1) For the purpose of complying with 4.1.6(2)
Alterations to an Area Containing a Primary Function, an area
of primary function shall be as defined by applicable provisions
of 49 C.F.R. 37.43(c) (Department of Transportation's ADA Rule)
or 28 C.F.R. 36.403 (Department of Justice's ADA Rule).
10.4 Airports.
10.4.1 New Construction.
(1) Elements such as ramps, elevators or
other vertical circulation devices, ticketing areas, security
checkpoints, or passenger waiting areas shall be placed to minimize
the distance which wheelchair users and other persons who cannot
negotiate steps may have to travel compared to the general public.
(2) The circulation path, including an accessible
entrance and an accessible route, for persons with disabilities
shall, to the maximum extent practicable, coincide with the circulation
path for the general public. Where the circulation path is different,
directional signage complying with 4.30.1, 4.30.2, 4.30.3 and
4.30.5 shall be provided which indicates the location of the nearest
accessible entrance and its accessible route.
(3) Ticketing areas shall permit persons
with disabilities to obtain a ticket and check baggage and shall
comply with 7.2.
(4) Where public pay telephones are provided,
and at least one is at an interior location, a public text telephone
shall be provided in compliance with 4.31.9. Additionally, if
four or more public pay telephones are located in any of the following
locations, at least one public text telephone shall also be provided
in that location:
(a) a main terminal outside the security areas;
(b) a concourse within the security areas; or
(c) a baggage claim area in a terminal.
Compliance with this section constitutes compliance
with section 4.1.3(17)(c).
(5) Baggage check-in and retrieval systems
shall be on an accessible route complying with 4.3, and shall
have space immediately adjacent complying with 4.2.4. If unattended
security barriers are provided, at least one gate shall comply
with 4.13. Gates which must be pushed open by wheelchair or mobility
aid users shall have a smooth continuous surface extending from
2 inches above the floor to 27 inches above the floor.
(6) Terminal information systems which broadcast
information to the general public through a public address system
shall provide a means to provide the same or equivalent information
to persons with a hearing loss or who are deaf. Such methods
may include, but are not limited to, visual paging systems using
video monitors and computer technology. For persons with certain
types of hearing loss such methods may include, but are not limited
to, an assistive listening system complying with 4.33.7.
(7) Where clocks are provided for use by
the general public the clock face shall be uncluttered so that
its elements are clearly visible. Hands, numerals, and/or digits
shall contrast with their background either light-on-dark or dark-on-light.
Where clocks are mounted overhead, numerals and/or digits shall
comply with 4.30.3. Clocks shall be placed in uniform locations
throughout the facility to the maximum extent practicable.
(8) Security Systems. (Reserved).
10.5 Boat and Ferry Docks. (Reserved).
APPENDIX
This appendix contains materials of an advisory nature and
provides additional information that should help the reader to understand the minimum requirements of the guidelines or to design buildings or facilities for greater accessibility. The paragraph numbers correspond to the sections or paragraphs of the guideline to which the material relates and are therefore not consecutive (for example, A4.2.1 contains additional information relevant to 4.2.1). Sections of the guidelines for which
additional material appears in this appendix have been indicated by an asterisk. Nothing in this appendix shall in any way
obviate any obligation to comply with the requirements
of the guidelines itself.
A2.2 Equivalent Facilitation. Specific examples
of equivalent facilitation are found in the following sections:
4.1.6(3)(c) Elevators in Alterations
4.31.9 Text Telephones
7.2 Sales and Service Counters, Teller Windows, Information Counters
9.1.4 Classes of Sleeping Accommodations
9.2.2(6)(d) Requirements for Accessible
Units, Sleeping Rooms, and Suites
A4.1.1 Application.
A4.1.1(3) Areas Used Only by Employees as Work Areas. Where there are a series of individual work stations of the same type (e.g., laboratories, service counters, ticket booths), 5%, but not less than one, of each type of work station should be
constructed so that an individual with disabilities can maneuver within the work stations. Rooms housing individual offices in a typical office building must meet the requirements of the
guidelines concerning doors, accessible routes, etc. but do not need to allow for maneuvering space around individual desks. Modifications required to permit maneuvering within the work area may be accomplished as a reasonable accommodation to individual employees with disabilities under Title I of the ADA.
Consideration should also be given to placing shelves in employee work areas at a convenient height for accessibility or installing commercially available shelving that is adjustable so that
reasonable accommodations can be made in the
future.
If work stations are made accessible they should
comply with the applicable provisions of 4.2 through 4.35.
A4.1.2 Accessible Sites and Exterior Facilities: New
Construction.
A4.1.2(5)(e) Valet parking is not always usable
by individuals with disabilities. For instance, an individual
may use a type of vehicle controls that render the regular controls
inoperable or the driver's seat in a van may be removed. In these
situations, another person cannot park the vehicle. It is recommended
that some self-parking spaces be provided at valet parking facilities
for individuals whose vehicles cannot be parked by another person
and that such spaces be located on an accessible route to the
entrance of the facility.
A4.1.3 Accessible Buildings: New Construction.
A4.1.3(5) Only full passenger elevators are covered by the
accessibility provisions of 4.10. Materials and equipment
hoists, freight elevators not intended for passenger use,
dumbwaiters, and construction elevators are not covered by these guidelines. If a building is exempt from the elevator
requirement, it is not necessary to provide
a platform lift or other means of vertical access in lieu of an
elevator.
Under Exception 4, platform lifts are allowed
where existing conditions make it impractical to install a ramp
or elevator. Such conditions generally occur where it is essential
to provide access to small raised or lowered areas where space
may not be available for a ramp. Examples include, but are not
limited to, raised pharmacy platforms, commercial offices raised
above a sales floor, or radio and news booths.
A4.1.3(9) Supervised automatic sprinkler systems have built in signals for monitoring features of the system such as the opening and closing of water control valves, the power supplies for needed pumps, water tank levels, and for indicating conditions that will impair the satisfactory operation of the sprinkler system. Because of these monitoring features, supervised
automatic sprinkler systems have a high level
of satisfactory performance and response to fire conditions.
A4.1.3(10) If an odd number of drinking fountains is provided on a floor, the requirement in 4.1.3(10)(b) may be met by rounding down the odd number to an even number and calculating 50% of the even number. When more than one drinking fountain on a floor is required to comply with 4.15, those fountains should be dispersed to allow wheelchair users convenient access. For example, in a large facility such as a convention center that has water
fountains at several locations on a floor,
the accessible water fountains should be located so that wheelchair
users do not have to travel a greater distance than other people
to use a drinking fountain.
A4.1.3(17)(b) In addition to the requirements of section
4.1.3(17)(b), the installation of additional
volume controls is encouraged. Volume controls may be installed
on any telephone.
A4.1.3(19)(a) Readily removable or folding seating units may be installed in lieu of providing an open space for wheelchair users. Folding seating units are usually two fixed seats that can be easily folded into a fixed center bar to allow for one or two open spaces for wheelchair users when necessary. These units are more easily adapted than removable seats which generally require the seat to be removed in advance by the facility
management.
Either a sign or a marker placed on seating
with removable or folding arm rests is required by this section.
Consideration should be given for ensuring identification of
such seats in a darkened theater. For example, a marker which
contrasts (light on dark or dark on light) and which also reflects
light could be placed on the side of such seating so as to be
visible in a lighted auditorium and also to reflect light from
a flashlight.
A4.1.6 Accessible Buildings: Alterations.
A4.1.6(1)(h) When an entrance is being altered,
it is preferable that those entrances being altered be made accessible
to the extent feasible.
A4.2 Space Allowances and Reach Ranges.
A4.2.1 Wheelchair Passage Width.
(1) Space Requirements for Wheelchairs. Many persons who use wheelchairs need a 30 in (760 mm) clear opening width for
doorways, gates, and the like, when the latter are entered
head-on. If the person is unfamiliar with a building, if
competing traffic is heavy, if sudden or frequent movements are needed, or if the wheelchair must be turned at an opening, then greater clear widths are needed. For most situations, the
addition of an inch of leeway on either side is sufficient. Thus, a minimum clear width of 32 in (815 mm) will provide
adequate clearance. However, when an opening
or a restriction in a passageway is more than 24 in (610 mm) long,
it is essentially a passageway and must be at least 36 in (915
mm) wide.
(2) Space Requirements for Use of Walking Aids. Although people who use walking aids can maneuver through clear width openings of 32 in (815 mm), they need 36 in (915 mm) wide
passageways and walks for comfortable gaits. Crutch tips, often extending down at a wide angle, are a hazard in narrow
passageways where they might not be seen by
other pedestrians. Thus, the 36 in (915 mm) width provides a
safety allowance both for the person with a disability and for
others.
(3) Space Requirements for Passing. Able-bodied
persons in winter clothing, walking straight ahead with arms swinging,
need 32 in (815 mm) of width, which includes 2 in (50 mm) on either
side for sway, and another 1 in (25 mm) tolerance on either side
for clearing nearby objects or other pedestrians. Almost all
wheelchair users and those who use walking aids can also manage
within this 32 in (815 mm) width for short distances. Thus, two
streams of traffic can pass in 64 in (1625 mm) in a comfortable
flow. Sixty inches (1525 mm) provides a minimum width for a somewhat
more restricted flow. If the clear width is less than 60 in (1525
mm), two wheelchair users will not be able to pass but will have
to seek a wider place for passing. Forty-eight inches (1220 mm)
is the minimum width needed for an ambulatory person to pass a
nonambulatory or semi-ambulatory person. Within this 48 in (1220
mm) width, the ambulatory person will have to twist to pass a
wheelchair user, a person with a service animal, or a semi-ambulatory
person. There will be little leeway for swaying or missteps (see
Fig. A1).
A4.2.3 Wheelchair Turning Space. These guidelines
specify a minimum space of 60 in (1525 mm) diameter or a 60 in
by 60 in (1525 mm by 1525 mm) T-shaped space for a pivoting 180-degree
turn of a wheelchair. This space is usually satisfactory for
turning around, but many people will not be able to turn without
repeated tries and bumping into surrounding objects. The space
shown in Fig. A2 will allow most wheelchair users to complete
U-turns without difficulty.
A4.2.4 Clear Floor or Ground Space for Wheelchairs. The
wheelchair and user shown in Fig. A3 represent typical dimensions for a large adult male. The space requirements in this guideline are based upon maneuvering clearances that will accommodate most wheelchairs. Fig. A3 provides a uniform reference for design not covered by this guideline.
A4.2.5 & A4.2.6 Reach. Reach ranges for persons seated in
wheelchairs may be further clarified by Fig. A3(a). These
drawings approximate in the plan view the information
shown in Fig. 4, 5, and 6.
A4.3 Accessible Route.
A4.3.1 General.
(1) Travel Distances. Many people with mobility impairments can move at only very slow speeds; for many, traveling 200 ft (61 m) could take about 2 minutes. This assumes a rate of about 1.5 ft/s (455 mm/s) on level ground. It also assumes that the
traveler would move continuously. However, on trips over 100 ft (30 m), disabled people are apt to rest frequently, which
substantially increases their trip times. Resting periods of 2 minutes for every 100 ft (30 m) can be used to estimate travel times for people with severely limited stamina. In inclement weather, slow progress and resting can greatly increase a
disabled person's exposure to the elements.
(2) Sites. Level, indirect routes or those
with running slopes lower than 1:20 can sometimes provide more
convenience than direct routes with maximum allowable slopes or
with ramps.
A4.3.10 Egress. Because people with disabilities
may visit, be employed or be a resident in any building, emergency
management plans with specific provisions to ensure their safe
evacuation also play an essential role in fire safety and life
safety.
A4.3.11.3 Stairway Width. A 48 in (1220 mm) wide exit stairway is needed to allow assisted evacuation (e.g., carrying a person in a wheelchair) without encroaching on the exit path for
ambulatory persons.
A4.3.11.4 Two-way Communication. It is essential
that emergency communication not be dependent on voice communications
alone because the safety of people with hearing or speech impairments
could be jeopardized. The visible signal requirement could be
satisfied with something as simple as a button in the area of
rescue assistance that lights, indicating that help is on the
way, when the message is answered at the point of entry.
A4.4 Protruding Objects.
A4.4.1 General. Service animals are trained to recognize and avoid hazards. However, most people with severe impairments of vision use the long cane as an aid to mobility. The two
principal cane techniques are the touch technique, where the cane arcs from side to side and touches points outside both shoulders; and the diagonal technique, where the cane is held in a
stationary position diagonally across the body
with the cane tip touching or just above the ground at a point
outside one shoulder and the handle or grip extending to a point
outside the other shoulder. The touch technique is used primarily
in uncontrolled areas, while the diagonal technique is used primarily
in certain limited, controlled, and familiar environments. Cane
users are often trained to use both techniques.
Potential hazardous objects are noticed only
if they fall within the detection range of canes (see Fig. A4).
Visually impaired people walking toward an object can detect
an overhang if its lowest surface is not higher than 27 in (685
mm). When walking alongside protruding objects, they cannot detect
overhangs. Since proper cane and service animal techniques keep
people away from the edge of a path or from walls, a slight overhang
of no more than 4 in (100 mm) is not hazardous.
A4.5 Ground and Floor Surfaces.
A4.5.1 General. People who have difficulty walking or
maintaining balance or who use crutches, canes, or walkers, and those with restricted gaits are particularly sensitive to
slipping and tripping hazards. For such people, a stable and regular surface is necessary for safe walking, particularly on stairs. Wheelchairs can be propelled most easily on surfaces that are hard, stable, and regular. Soft loose surfaces such as shag carpet, loose sand or gravel, wet clay, and irregular
surfaces such as cobblestones can significantly
impede wheelchair movement.
Slip resistance is based on the frictional force necessary to keep a shoe heel or crutch tip from slipping on a walking surface under conditions likely to be found on the surface. While the dynamic coefficient of friction during walking varies in a
complex and non-uniform way, the static coefficient of friction, which can be measured in several ways, provides a close
approximation of the slip resistance of a surface.
Contrary to popular belief, some slippage is necessary to walking,
especially for persons with restricted gaits; a truly "non-slip"
surface could not be negotiated.
The Occupational Safety and Health Administration recommends that walking surfaces have a static coefficient of friction of 0.5. A research project sponsored by the Architectural and
Transportation Barriers Compliance Board (Access
Board) conducted tests with persons with disabilities and concluded
that a higher coefficient of friction was needed by such persons.
A static coefficient of friction of 0.6 is recommended for accessible
routes and 0.8 for ramps.
It is recognized that the coefficient of friction varies
considerably due to the presence of contaminants, water, floor finishes, and other factors not under the control of the designer or builder and not subject to design and construction guidelines and that compliance would be difficult to measure on the building site. Nevertheless, many common building materials suitable for flooring are now labeled with information on the static
coefficient of friction. While it may not be possible to compare one product directly with another, or to guarantee a constant measure, builders and designers are encouraged to specify
materials with appropriate values. As more products include information on slip resistance, improved uniformity in
measurement and specification is likely. The Access Board's advisory guidelines on Slip Resistant Surfaces provides
additional information on this subject.
Cross slopes on walks and ground or floor surfaces
can cause considerable difficulty in propelling a wheelchair in
a straight line.
A4.5.3 Carpet. Much more needs to be done in developing both quantitative and qualitative criteria for carpeting (i.e.,
problems associated with texture and weave need to be studied). However, certain functional characteristics are well established. When both carpet and padding are used, it is desirable to have minimum movement (preferably none) between the floor and the pad and the pad and the carpet which would allow the carpet to hump or warp. In heavily trafficked areas, a thick, soft (plush) pad or cushion, particularly in combination with long carpet pile, makes it difficult for individuals in wheelchairs and those with other ambulatory disabilities to get about. Firm carpeting can be achieved through proper selection and combination of pad and carpet, sometimes with the elimination of the pad or cushion, and with proper installation. Carpeting designed with a weave that causes a zig-zag effect when wheeled across is strongly
discouraged.
A4.6 Parking and Passenger Loading Zones.
A4.6.3 Parking Spaces. The increasing use of vans with side-mounted lifts or ramps by persons with disabilities has
necessitated some revisions in specifications
for parking spaces and adjacent access aisles. The typical accessible
parking space is 96 in (2440 mm) wide with an adjacent 60 in (1525
mm) access aisle. However, this aisle does not permit lifts or
ramps to be deployed and still leave room for a person using a
wheelchair or other mobility aid to exit the lift platform or
ramp. In tests conducted with actual lift/van/wheelchair combinations,
(under a Board-sponsored Accessible Parking and Loading Zones
Project) researchers found that a space and aisle totaling almost
204 in (5180 mm) wide was needed to deploy a lift and exit conveniently.
The "van accessible" parking space required by these
guidelines provides a 96 in (2440 mm) wide space with a 96 in
(2440 mm) adjacent access aisle which is just wide enough to maneuver
and exit from a side mounted lift. If a 96 in (2440 mm) access
aisle is placed between two spaces, two "van accessible"
spaces are created. Alternatively, if the wide access aisle is
provided at the end of a row (an area often unused), it may be
possible to provide the wide access aisle without additional space
(see Fig. A5(a)).
A sign is needed to alert van users to the
presence of the wider aisle, but the space is not intended to
be restricted only to vans.
"Universal" Parking Space Design. An alternative to the
provision of a percentage of spaces with a
wide aisle, and the associated need to include additional signage,
is the use of what has been called the "universal" parking
space design. Under this design, all accessible spaces are 132
in (3350 mm) wide with a 60 in (1525 mm) access aisle (see Fig.
A5(b)). One advantage to this design is that no additional signage
is needed because all spaces can accommodate a van with a side-mounted
lift or ramp. Also, there is no competition between cars and
vans for spaces since all spaces can accommodate either. Furthermore,
the wider space permits vehicles to park to one side or the other
within the 132 in (3350 mm) space to allow persons to exit and
enter the vehicle on either the driver or passenger side, although,
in some cases, this would require exiting or entering without
a marked access aisle.
An essential consideration for any design is having the access aisle level with the parking space. Since a person with a
disability, using a lift or ramp, must maneuver
within the access aisle, the aisle cannot include a ramp or sloped
area. The access aisle must be connected to an accessible route
to the appropriate accessible entrance of a building or facility.
The parking access aisle must either blend with the accessible
route or have a curb ramp complying with 4.7. Such a curb ramp
opening must be located within the access aisle boundaries, not
within the parking space boundaries. Unfortunately, many facilities
are designed with a ramp that is blocked when any vehicle parks
in the accessible space. Also, the required dimensions of the
access aisle cannot be restricted by planters, curbs or wheel
stops.
A4.6.4 Signage. Signs designating parking places for disabled people can be seen from a driver's seat if the signs are mounted high enough above the ground and located at the front of a
parking space.
A4.6.5 Vertical Clearance. High-top vans,
which disabled people or transportation services often use, require
higher clearances in parking garages than automobiles.
A4.8 Ramps.
A4.8.1 General. Ramps are essential for wheelchair
users if elevators or lifts are not available to connect different
levels. However, some people who use walking aids have difficulty
with ramps and prefer stairs.
A4.8.2 Slope and Rise. Ramp slopes between
1:16 and 1:20 are preferred. The ability to manage an incline
is related to both its slope and its length. Wheelchair users
with disabilities affecting their arms or with low stamina have
serious difficulty using inclines. Most ambulatory people and
most people who use wheelchairs can manage a slope of 1:16. Many
people cannot manage a slope of 1:12 for 30 ft (9 m).
A4.8.4 Landings. Level landings are essential
toward maintaining an aggregate slope that complies with these
guidelines. A ramp landing that is not level causes individuals
using wheelchairs to tip backward or bottom out when the ramp
is approached.
A4.8.5 Handrails. The requirements for stair and ramp handrails in this guideline are for adults. When children are principal users in a building or facility, a second set of handrails at an appropriate height can assist them and aid in preventing
accidents.
A4.9 Stairs.
A4.9.1 Minimum Number. Only interior and exterior stairs
connecting levels that are not connected by
an elevator, ramp, or other accessible means of vertical access
have to comply with 4.9.
A4.10 Elevators.
A4.10.6 Door Protective and Reopening Device. The required door reopening device would hold the door open for 20 seconds if the doorway remains obstructed. After 20 seconds, the door may begin to close. However, if designed in accordance with ASME
A17.1-1990, the door closing movement could
still be stopped if a person or object exerts sufficient force
at any point on the door edge.
A4.10.7 Door and Signal Timing for Hall Calls.
This paragraph allows variation in the location of call buttons,
advance time for warning signals, and the door-holding period
used to meet the time requirement.
A4.10.12 Car Controls. Industry-wide standardization
of elevator control panel design would make all elevators significantly
more convenient for use by people with severe visual impairments.
In many cases, it will be possible to locate the highest control
on elevator panels within 48 in (1220 mm) from the floor.
A4.10.13 Car Position Indicators. A special button may be
provided that would activate the audible signal
within the given elevator only for the desired trip, rather than
maintaining the audible signal in constant operation.
A4.10.14 Emergency Communications. A device
that requires no handset is easier to use by people who have difficulty
reaching. Also, small handles on handset compartment doors are
not usable by people who have difficulty grasping.
Ideally, emergency two-way communication systems should provide both voice and visual display intercommunication so that persons with hearing impairments and persons with vision impairments can receive information regarding the status of a rescue. A voice intercommunication system cannot be the only means of
communication because it is not accessible
to people with speech and hearing impairments. While a voice
intercommunication system is not required, at a minimum, the system
should provide both an audio and visual indication that a rescue
is on the way.
A4.11 Platform Lifts (Wheelchair Lifts).
A4.11.2 Other Requirements. Inclined stairway
chairlifts, and inclined and vertical platform lifts (wheelchair
lifts) are available for short-distance, vertical transportation
of people with disabilities. Care should be taken in selecting
lifts as some lifts are not equally suitable for use by both wheelchair
users and semi-ambulatory individuals.
A4.12 Windows.
A4.12.1 General. Windows intended to be operated
by occupants in accessible spaces should comply with 4.12.
A4.12.2 Window Hardware. Windows requiring
pushing, pulling, or lifting to open (for example, double-hung,
sliding, or casement and awning units without cranks) should require
no more than 5 lbf (22.2 N) to open or close. Locks, cranks,
and other window hardware should comply with 4.27.
A4.13 Doors.
A4.13.8 Thresholds at Doorways. Thresholds
and surface height changes in doorways are particularly inconvenient
for wheelchair users who also have low stamina or restrictions
in arm movement because complex maneuvering is required to get
over the level change while operating the door.
A4.13.9 Door Hardware. Some disabled persons must push against a door with their chair or walker to open it. Applied kickplates on doors with closers can reduce required maintenance by
withstanding abuse from wheelchairs and canes.
To be effective, they should cover the door width, less approximately
2 in (51 mm), up to a height of 16 in (405 mm) from its bottom
edge and be centered across the width of the door.
A4.13.10 Door Closers. Closers with delayed action features give a person more time to maneuver through doorways. They are
particularly useful on frequently used interior
doors such as entrances to toilet rooms.
A4.13.11 Door Opening Force. Although most people with
disabilities can exert at least 5 lbf (22.2N),
both pushing and pulling from a stationary position, a few people
with severe disabilities cannot exert 3 lbf (13.13N). Although
some people cannot manage the allowable forces in this guideline
and many others have difficulty, door closers must have certain
minimum closing forces to close doors satisfactorily. Forces
for pushing or pulling doors open are measured with a push-pull
scale under the following conditions:
(1) Hinged doors: Force applied perpendicular
to the door at the door opener or 30 in (760 mm) from the hinged
side, whichever is farther from the hinge.
(2) Sliding or folding doors: Force applied
parallel to the door at the door pull or latch.
(3) Application of force: Apply force gradually so that the applied force does not exceed the resistance of the door. In high-rise buildings, air-pressure differentials may require a modification of this specification in order to meet the
functional intent.
A4.13.12 Automatic Doors and Power-Assisted
Doors. Sliding automatic doors do not need guard rails and are
more convenient for wheelchair users and visually impaired people
to use. If slowly opening automatic doors can be reactivated
before their closing cycle is completed, they will be more convenient
in busy doorways.
A4.15 Drinking Fountains and Water Coolers.
A4.15.2 Spout Height. Two drinking fountains,
mounted side by side or on a single post, are usable by people
with disabilities and people who find it difficult to bend over.
A4.16 Water Closets.
A4.16.3 Height. Height preferences for toilet seats vary
considerably among disabled people. Higher
seat heights may be an advantage to some ambulatory disabled people,
but are often a disadvantage for wheelchair users and others.
Toilet seats 18 in (455 mm) high seem to be a reasonable compromise.
Thick seats and filler rings are available to adapt standard
fixtures to these requirements.
A4.16.4 Grab Bars. Fig. A6(a) and (b) show
the diagonal and side approaches most commonly used to transfer
from a wheelchair to a water closet. Some wheelchair users can
transfer from the front of the toilet while others use a 90-degree
approach. Most people who use the two additional approaches can
also use either the diagonal approach or the side approach.
A4.16.5 Flush Controls. Flush valves and related
plumbing can be located behind walls or to the side of the toilet,
or a toilet seat lid can be provided if plumbing fittings are
directly behind the toilet seat. Such designs reduce the chance
of injury and imbalance caused by leaning back against the fittings.
Flush controls for tank-type toilets have a standardized mounting
location on the left side of the tank (facing the tank). Tanks
can be obtained by special order with controls mounted on the
right side. If administrative authorities require flush controls
for flush valves to be located in a position that conflicts with
the location of the rear grab bar, then that bar may be split
or shifted toward the wide side of the toilet area.
A4.17 Toilet Stalls.
A4.17.3 Size and Arrangement. This section requires use of the 60 in (1525 mm) standard stall (Figure 30(a)) and permits the 36 in (915 mm) or 48 in (1220 mm) wide alternate stall (Figure 30(b)) only in alterations where provision of the standard stall is technically infeasible or where local plumbing codes prohibit reduction in the number of fixtures. A standard stall provides a clear space on one side of the water closet to enable persons who use wheelchairs to perform a side or diagonal transfer from the wheelchair to the water closet. However, some persons with disabilities who use mobility aids such as walkers, canes or crutches are better able to use the two parallel grab bars in the 36 in (915 mm) wide alternate stall to achieve a standing
position.
In large toilet rooms, where six or more toilet stalls are
provided, it is therefore required that a 36
in (915 mm) wide stall with parallel grab bars be provided in
addition to the standard stall required in new construction.
The 36 in (915 mm) width is necessary to achieve proper use of
the grab bars; wider stalls would position the grab bars too far
apart to be easily used and narrower stalls would position the
grab bars too close to the water closet. Since the stall is primarily
intended for use by persons using canes, crutches and walkers,
rather than wheelchairs, the length of the stall could be conventional.
The door, however, must swing outward to ensure a usable space
for people who use crutches or walkers.
A4.17.5 Doors. To make it easier for wheelchair
users to close toilet stall doors, doors can be provided with
closers, spring hinges, or a pull bar mounted on the inside surface
of the door near the hinge side.
A4.19 Lavatories and Mirrors.
A4.19.6 Mirrors. If mirrors are to be used
by both ambulatory people and wheelchair users, then they must
be at least 74 in (1880 mm) high at their topmost edge. A single
full length mirror can accommodate all people, including children.
A4.21 Shower Stalls.
A4.21.1 General. Shower stalls that are 36
in by 36 in (915 mm by 915 mm) wide provide additional safety
to people who have difficulty maintaining balance because all
grab bars and walls are within easy reach. Seated people use
the walls of 36 in by 36 in (915 mm by 915 mm) showers for back
support. Shower stalls that are 60 in (1525 mm) wide and have
no curb may increase usability of a bathroom by wheelchair users
because the shower area provides additional maneuvering space.
A4.22 Toilet Rooms.
A4.22.3 Clear Floor Space. In many small facilities, single-user restrooms may be the only facilities provided for all
building users. In addition, the guidelines allow the use of "unisex" or "family" accessible toilet rooms in alterations when technical infeasibility can be demonstrated. Experience has shown that the provision of accessible "unisex" or single-user restrooms is a reasonable way to provide access for wheelchair users and any attendants, especially when attendants are of the opposite sex. Since these facilities have proven so useful, it is often considered advantageous to install a "unisex" toilet room in new facilities in addition to making the multi-stall restrooms accessible, especially in shopping malls, large
auditoriums, and convention centers.
Figure 28 (section 4.16) provides minimum clear floor space dimensions for toilets in accessible "unisex" toilet rooms. The dotted lines designate the minimum clear floor space, depending on the direction of approach, required for wheelchair users to transfer onto the water closet. The dimensions of 48 in (1220 mm) and 60 in (1525 mm), respectively, correspond to the space required for the two common transfer approaches utilized by wheelchair users (see Fig. A6). It is important to keep in mind that the placement of the lavatory to the immediate side of the water closet will preclude the side approach transfer illustrated in Figure A6(b). To accommodate the side transfer, the space adjacent to the water closet must remain clear of obstruction for 42 in (1065 mm) from the centerline of the toilet (Figure 28) and the lavatory must not be located within this clear space. A turning circle or T-turn, the clear floor space at the lavatory, and maneuvering space at the door must be considered when
determining the possible wall locations. A
privacy latch or other accessible means of ensuring privacy during
use should be provided at the door.
RECOMMENDATIONS:
1. In new construction, accessible single-user
restrooms may be desirable in some situations because they can
accommodate a wide variety of building users. However, they cannot
be used in lieu of making the multi-stall toilet rooms accessible
as required.
2. Where strict compliance to the guidelines for accessible toilet facilities is technically infeasible in the alteration of existing facilities, accessible "unisex" toilets are a reasonable alternative.
3. In designing accessible single-user restrooms,
the provisions of adequate space to allow a side transfer will
provide accommodation to the largest number of wheelchair users.
A4.23 Bathrooms, Bathing Facilities, and Shower
Rooms.
A4.23.3 Clear Floor Space. Figure A7 shows two possible
configurations of a toilet room with a roll-in shower. The specific shower shown is designed to fit exactly within the dimensions of a standard bathtub. Since the shower does not have a lip, the floor space can be used for required maneuvering space. This would permit a toilet room to be smaller than would be permitted with a bathtub and still provide enough floor space to be considered accessible. This design can provide
accessibility in facilities where space is
at a premium (i.e., hotels and medical care facilities). The
alternate roll-in shower (Fig. 57b) also provides sufficient room
for the "T-turn" and does not require plumbing to be
on more than one wall.
A4.23.9 Medicine Cabinets. Other alternatives for storing
medical and personal care items are very useful
to disabled people. Shelves, drawers, and floor-mounted cabinets
can be provided within the reach ranges of disabled people.
A4.26 Handrails, Grab Bars, and Tub and Shower
Seats.
A4.26.1 General. Many disabled people rely
heavily upon grab bars and handrails to maintain balance and prevent
serious falls. Many people brace their forearms between supports
and walls to give them more leverage and stability in maintaining
balance or for lifting. The grab bar clearance of 1-1/2 in (38
mm) required in this guideline is a safety clearance to prevent
injuries resulting from arms slipping through the openings. It
also provides adequate gripping room.
A4.26.2 Size and Spacing of Grab Bars and Handrails. This
specification allows for alternate shapes of handrails as long as they allow an opposing grip similar to that provided by a
circular section of 1-1/4 in to 1-1/2 in (32
mm to 38 mm).
A4.27 Controls and Operating Mechanisms.
A4.27.3 Height. Fig. A8 further illustrates mandatory and
advisory control mounting height provisions for typical
equipment.
Electrical receptacles installed to serve individual appliances and not intended for regular or frequent use by building
occupants are not required to be mounted within the specified reach ranges. Examples would be receptacles installed
specifically for wall-mounted clocks, refrigerators, and
microwave ovens.
A4.28 Alarms.
A4.28.2 Audible Alarms. Audible emergency signals must have an intensity and frequency that can attract the attention of
individuals who have partial hearing loss. People over 60 years of age generally have difficulty perceiving frequencies higher than 10,000 Hz. An alarm signal which has a periodic element to its signal, such as single stroke bells (clang-pause-clang-
pause), hi-low (up-down-up-down) and fast whoop
(on-off-on-off) are best. Avoid continuous or reverberating tones.
Select a signal which has a sound characterized by three or four
clear tones without a great deal of "noise" in between.
A4.28.3 Visual Alarms. The specifications
in this section do not preclude the use of zoned or coded alarm
systems.
A4.28.4 Auxiliary Alarms. Locating visual emergency alarms in rooms where persons who are deaf may work or reside alone can ensure that they will always be warned when an emergency alarm is activated. To be effective, such devices must be located and oriented so that they will spread signals and reflections
throughout a space or raise the overall light level sharply. However, visual alarms alone are not necessarily the best means to alert sleepers. A study conducted by Underwriters Laboratory (UL) concluded that a flashing light more than seven times
brighter was required (110 candela v. 15 candela, at the same distance) to awaken sleepers as was needed to alert awake
subjects in a normal daytime illuminated room.
For hotel and other rooms where people are likely to be asleep, a signal-activated vibrator placed between mattress and box spring or under a pillow was found by UL to be much more effective in alerting sleepers. Many readily available devices are sound-activated so that they could respond to an alarm clock, clock radio, wake-up telephone call or room smoke detector. Activation by a building alarm system can either be accomplished by a
separate circuit activating an auditory alarm which would, in turn, trigger the vibrator or by a signal transmitted through the ordinary 110-volt outlet. Transmission of signals through the power line is relatively simple and is the basis of common, inexpensive remote light control systems sold in many department and electronic stores for home use. So-called "wireless"
intercoms operate on the same principal.
A4.29 Detectable Warnings.
A4.29.2 Detectable Warnings on Walking Surfaces. The material used to provide contrast should contrast by at least 70%.
Contrast in percent is determined by:
Contrast = [(B1 - B2)/B1]
x 100
where B1 = light reflectance value (LRV) of
the lighter area and B2 = light reflectance value (LRV) of the
darker area.
Note that in any application both white and
black are never absolute; thus, B1 never equals 100 and B2 is
always greater than 0.
A4.30 Signage.
A4.30.1 General. In building complexes where
finding locations independently on a routine basis may be a necessity
(for example, college campuses), tactile maps or prerecorded instructions
can be very helpful to visually impaired people. Several maps
and auditory instructions have been developed and tested for specific
applications. The type of map or instructions used must be based
on the information to be communicated, which depends highly on
the type of buildings or users.
Landmarks that can easily be distinguished
by visually impaired individuals are useful as orientation cues.
Such cues include changes in illumination level, bright colors,
unique patterns, wall murals, location of special equipment or
other architectural features.
Many people with disabilities have limitations
in movement of their heads and reduced peripheral vision. Thus,
signage positioned perpendicular to the path of travel is easiest
for them to notice. People can generally distinguish signage
within an angle of 30 degrees to either side of the centerlines
of their faces without moving their heads.
A4.30.2 Character Proportion. The legibility
of printed characters is a function of the viewing distance, character
height, the ratio of the stroke width to the height of the character,
the contrast of color between character and background, and print
font. The size of characters must be based upon the intended
viewing distance. A severely nearsighted person may have to be
much closer to recognize a character of a given size than a person
with normal visual acuity.
A4.30.4 Raised and Brailled Characters and
Pictorial Symbol Signs (Pictograms). The standard dimensions
for literary Braille are as follows:
Dot diameter .059 in.
Inter-dot spacing .090 in.
Horizontal separation between cells .241 in.
Vertical separation between cells .395 in.
Raised borders around signs containing raised
characters may make them confusing to read unless the border is
set far away from the characters. Accessible signage with descriptive
materials about public buildings, monuments, and objects of cultural
interest may not provide sufficiently detailed and meaningful
information. Interpretive guides, audio tape devices, or other
methods may be more effective in presenting such information.
A4.30.5 Finish and Contrast. An eggshell finish
(11 to 19 degree gloss on 60 degree glossimeter) is recommended.
Research indicates that signs are more legible for persons with
low vision when characters contrast with their background by at
least 70 percent. Contrast in percent shall be determined by:
Contrast = [(B1 - B2)/B1] x 100
where B1 = light reflectance value (LRV) of
the lighter area and B2 = light reflectance value (LRV) of the
darker area.
Note that in any application both white and
black are never absolute; thus, B1 never equals 100 and B2 is
always greater than 0.
The greatest readability is usually achieved
through the use of light-colored characters or symbols on a dark
background.
A4.30.7 Symbols of Accessibility for Different
Types of Listening Systems. Paragraph 4 of this section requires
signage indicating the availability of an assistive listening
system. An appropriate message should be displayed with the international
symbol of access for hearing loss since this symbol conveys general
accessibility for people with hearing loss. Some suggestions
are:
The symbol may be used to notify persons of
the availability of other auxiliary aids and services such as:
real time captioning, captioned note taking, sign language interpreters,
and oral interpreters.
A4.30.8 Illumination Levels. Illumination
levels on the sign surface shall be in the 100 to 300 lux range
(10 to 30 footcandles) and shall be uniform over the sign surface.
Signs shall be located such that the illumination level on the
surface of the sign is not significantly exceeded by the ambient
light or visible bright lighting source behind or in front of
the sign.
A4.31 Telephones.
A4.31.3 Mounting Height. In localities where
the dial-tone first system is in operation, calls can be placed
at a coin telephone through the operator without inserting coins.
The operator button is located at a height of 46 in (1170 mm)
if the coin slot of the telephone is at 54 in (1370 mm). A generally
available public telephone with a coin slot mounted lower on the
equipment would allow universal installation of telephones at
a height of 48 in (1220 mm) or less to all operable parts.
A4.31.9 Text Telephones. A public text telephone
may be an integrated text telephone pay phone unit or a conventional
portable text telephone that is permanently affixed within, or
adjacent to, the telephone enclosure. In order to be usable with
a pay phone, a text telephone which is not a single integrated
text telephone pay phone unit will require a shelf large enough
(10 in (255mm) wide by 10 in (255 mm) deep with a 6 in (150 mm)
vertical clearance minimum) to accommodate the device, an electrical
outlet, and a power cord. Movable or portable text telephones
may be used to provide equivalent facilitation. A text telephone
should be readily available so that a person using it may access
the text telephone easily and conveniently. As currently designed
pocket-type text telephones for personal use do not accommodate
a wide range of users. Such devices would not be considered substantially
equivalent to conventional text telephones. However, in the future
as technology develops this could change.
A4.32 Fixed or Built-in Seating and Tables.
A4.32.4 Height of Tables or Counters. Different
types of work require different table or counter heights for comfort
and optimal performance. Light detailed work such as writing
requires a table or counter close to elbow height for a standing
person. Heavy manual work such as rolling dough requires a counter
or table height about 10 in (255 mm) below elbow height for a
standing person. This principle of high/low table or counter
heights also applies for seated persons; however, the limiting
condition for seated manual work is clearance under the table
or counter.
Table A1 shows convenient counter heights for
seated persons. The great variety of heights for comfort and
optimal performance indicates a need for alternatives or a compromise
in height if people who stand and people who sit will be using
the same counter area.
TABLE A1CONVENIENT HEIGHTS OF TABLES AND COUNTERS FOR SEATED PEOPLE1SHORT WOMENTALL MENCONDITIONS OF USEinmminmmSeated in a wheelchair: Manual work: Desk or removable armrests2666030760 Fixed, full-size
armrests2323815323815 Light, detailed work: Desk or removable armrests2973534865 Fixed, full-size
armrests232381534865 Seated in a 16 in (405
mm) high chair: Manual work2666027685 Light,
detailed work2871031785
1All dimensions are based on a work-surface
thickness of 1 1/2 in (38 mm) and a clearance of 1 1/2 in (38
mm) between legs and the underside of a work surface.
2This type of wheelchair arm does not interfere with the
positioning of a wheelchair under a work surface.
3This dimension is limited by the height of
the armrests: a lower height would be preferable. Some people
in this group prefer lower work surfaces, which require positioning
the wheelchair back from the edge of the counter.
A4.33 Assembly Areas.
A4.33.2 Size of Wheelchair Locations. Spaces
large enough for two wheelchairs allow people who are coming to
a performance together to sit together.
A4.33.3 Placement of Wheelchair Locations.
The location of wheelchair areas can be planned so that a variety
of positions within the seating area are provided. This will
allow choice in viewing and price categories.
Building/life safety codes set minimum distances
between rows of fixed seats with consideration of the number of
seats in a row, the exit aisle width and arrangement, and the
location of exit doors. "Continental" seating, with
a greater number of seats per row and a commensurate increase
in row spacing and exit doors, facilitates emergency egress for
all people and increases ease of access to mid-row seats especially
for people who walk with difficulty. Consideration of this positive
attribute of "continental" seating should be included
along with all other factors in the design of fixed seating areas.
A4.33.6 Placement of Listening Systems. A distance of 50 ft (15 m) allows a person to distinguish performers' facial expressions.
A4.33.7 Types of Listening Systems. An assistive
listening system appropriate for an assembly area for a group
of persons or where the specific individuals are not known in
advance, such as a playhouse, lecture hall or movie theater, may
be different from the system appropriate for a particular individual
provided as an auxiliary aid or as part of a reasonable accommodation.
The appropriate device for an individual is the type that individual
can use, whereas the appropriate system for an assembly area will
necessarily be geared toward the "average" or aggregate
needs of various individuals. A listening system that can be
used from any seat in a seating area is the most flexible way
to meet this specification. Earphone jacks with variable volume
controls can benefit only people who have slight hearing loss
and do not help people who use hearing aids. At the present time,
magnetic induction loops are the most feasible type of listening
system for people who use hearing aids equipped with "T-coils,"
but people without hearing aids or those with hearing aids not
equipped with inductive pick-ups cannot use them without special
receivers. Radio frequency systems can be extremely effective
and inexpensive. People without hearing aids can use them, but
people with hearing aids need a special receiver to use them as
they are presently designed. If hearing aids had a jack to allow
a by-pass of microphones, then radio frequency systems would be
suitable for people with and without hearing aids. Some listening
systems may be subject to interference from other equipment and
feedback from hearing aids of people who are using the systems.
Such interference can be controlled by careful engineering design
that anticipates feedback sources in the surrounding area.
Table A2, reprinted from a National Institute
of Disability and Rehabilitation Research "Rehab Brief,"
shows some of the advantages and disadvantages of different types
of assistive listening systems. In addition, the Architectural
and Transportation Barriers Compliance Board (Access Board) has
published a pamphlet on Assistive Listening Systems which lists
demonstration centers across the country where technical assistance
can be obtained in selecting and installing appropriate systems.
The state of New York has also adopted a detailed technical specification
which may be useful.
Table A2. Summary of Assistive Listening
Devices
System Advantages Disadvantages Typical ApplicationsInduction Loop
Transmitter:
Transducer
wired to
induction
loop around
listening
area.
Receiver:
Self-
contained
induction
receiver or
personal
hearing aid
with
telecoil.Cost-Effective
Low
Maintenance
Easy to use
Unobtrusive
May be
possible to
integrate
into
existing
public
address
system.
Some hearing
aids can
function as
receivers. Signal spills
over to
adjacent
rooms.
Susceptible to
electrical
interference.
Limited
portability
Inconsistent
signal
strength
Head position
affects
signal
strength.
Lack of
standards
for
induction
coil
performance. Meeting areas Theaters
Churches and
Temples
Conference
rooms
Classrooms
TV viewingFM
Transmitter:
Flashlight-
sized worn
by speaker.
Receiver:
With
personal
hearing aid
via DAI or
induction
neck-loop
and
telecoil; or
self-
contained
with
earphone(s).Highly
portable
Different
channels
allow use by
different
groups
within the
same room.
High user
mobility
Variable for
large range
of hearing
losses.High cost of
receivers
Equipment
fragile
Equipment
obtrusive
High
maintenance
Expensive to
maintain
Custom fitting
to
individual
user may be
required. Classrooms
Tour groups
Meeting areas
Outdoor
events
One-on-oneInfrared
Transmitter:
Emitter in
line-of-
sight with
receiver.
Receiver:
Self-
contained.
Or with
personal
hearing aid
via DAI or
induction
neckloop and
telecoil.Easy to use
Insures
privacy or
confidential
ity
Moderate cost
Can often be
integrated
into
existing
public
address
system. Line-of-sight
required
between
emitter and
receiver.
Ineffective
outdoors
Limited
portability
Requires
installationTheaters
Churches and
Temples
Auditoriums
Meetings
requiring confidential ity
TV viewing
Source: Rehab Brief, National Institute on
Disability and Rehabilitation Research, Washington, DC, Vol. XII,
No. 10, (1990).
A5.0 Restaurants and Cafeterias.
A5.1 General. Dining counters (where there
is no service) are typically found in small carry-out restaurants,
bakeries, or coffee shops and may only be a narrow eating surface
attached to a wall. This section requires that where such a dining
counter is provided, a portion of the counter shall be at the
required accessible height.
A7.0 Business and Mercantile.
A7.2(3) Assistive Listening Devices. At all
sales and service counters, teller windows, box offices, and information
kiosks where a physical barrier separates service personnel and
customers, it is recommended that at least one permanently installed
assistive listening device complying with 4.33 be provided at
each location or series. Where assistive listening devices are
installed, signage should be provided identifying those stations
which are so equipped.
A7.3 Check-out Aisles. Section 7.2 refers to counters without aisles; section 7.3 concerns check-out aisles. A counter without an aisle (7.2) can be approached from more than one direction such as in a convenience store. In order to use a check-out aisle (7.3), customers must enter a defined area (an aisle) at a
particular point, pay for goods, and exit at
a particular point.
A10.3 Fixed Facilities and Stations
A10.3.1(7) Route Signs. One means of making
control buttons on fare vending machines usable by persons with
vision impairments is to raise them above the surrounding surface.
Those activated by a mechanical motion are likely to be more
detectable. If farecard vending, collection, and adjustment devices
are designed to accommodate farecards having one tactually distinctive
corner, then a person who has a vision impairment will insert
the card with greater ease. Token collection devices that are
designed to accommodate tokens which are perforated can allow
a person to distinguish more readily between tokens and common
coins. Thoughtful placement of accessible gates and fare vending
machines in relation to inaccessible devices will make their use
and detection easier for all persons with disabilities.
[56 FR 35592, July 26, 1991, as amended by
Order No. 1679-93, 58 FR 17522, Apr. 5, 1993; Order No. 1836-94,
59 FR 2675, Jan. 18, 1994]
The following text is not language that appears
in the Code of Federal Regulations (CFR). This is information
contained as figures within the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) and should not be taken as a
legal interpretation. It has been made available, as an accommodation,
in place of the ADAAG illustrations contained in the CFR.
Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities
Figures and Tables
Most of the figures and tables in the Guidelines simply illustrate information that is already contained in the text. The following descriptions provide additional information contained in the figures that is not described in the text. Where a figure
described below is referenced in more than
one section, cross references are provided to all sections where
referenced.
GUIDELINES
Table 1 Graphic Conventions.
The table establishes graphic conventions
for dimensioning, direction of approach, centerline and boundary
of clear floor area. All dimensions are shown in inches and millimeters.
Figure 1. Minimum Clear Width for Single Wheelchair.
The minimum clear passage width for a single
wheelchair passage shall be 32 in (815 mm) at a point for a maximum
depth of 24 in (610 mm).
Figure 3. Wheelchair Turning Space.
3(b) T-Shaped Space for 180 degree Turns.
The T-shaped space is created by the perpendicular intersection
of two routes. Each route must be a minimum of 36 in (915 mm)
in width. The route forming the top of the "T" must
extend at least 12 in (305 mm) beyond the intersection in each
direction and the route forming the base of the "T"
must extend at least 24 in (610 mm) beyond the intersection.
The "T" fits within a 60 in (1525 mm) square.
Figure 4. Minimum Clear Floor Space for Wheelchairs.
4(d) Clear Floor Space in Alcoves. For a forward approach, where the depth of the alcove is equal to or less than 24 in (610 mm), the required clear floor space is 30 in by 48 in (760 mm by 1220 mm).
For a parallel approach, where the depth of the alcove is equal to or less than 15 in (380 mm), the required clear floor space is 48 in by 30 in (1220 mm by 760 mm).
4(e) Additional Maneuvering Clearances for Alcoves. For a forward approach, if the depth of the alcove is greater than 24 in (610 mm), then in addition to the 30 in (760 mm) width, a maneuvering clearance of 6 in (150 mm) in width is required, for a total width of 36 in (915 mm).
For a parallel approach, where the depth of
the alcove is greater than 15 in (380 mm), then in addition to
the 48 in (1220 mm) length, an additional maneuvering clearance
of 12 in (305 mm) in length is required, for a total length of
60 in (1525 mm).
Figure 5. Forward Reach.
5(b) Maximum Forward Reach over an Obstruction.
The maximum depth of an obstruction with knee space below is
25 in (635 mm). When the obstruction is less than 20 in (510
mm) deep, the maximum high forward reach is 48 in (1220 mm).
When the depth of the obstruction is greater than 20 in (510 mm),
the maximum high forward reach is 44 in (1120 mm).
Figure 6. Side Reach.
6(a) Clear Floor Space - Parallel Approach, and 6(b) High and Low Side Reach Limits. The clear floor space is located a maximum of 10 in (255 mm) from the wall.
6(c) Maximum Side Reach over Obstruction.
If the depth of the obstruction is 24 in (610 mm) and the maximum
height of the obstruction is 34 in (865 mm), the maximum high
side reach over the obstruction is 46 in (1170 mm).
Figure 7. Accessible Route.
7(a) 90 degree turn. A 90 degree turn can be made from a 36 in (915 mm) wide passage into another 36 in (915 mm) passage if the depth of each leg is a minimum of 48 in (1220 mm) on the inside dimensions of the turn.
7(b) Turns around an Obstruction. A U-turn
around an obstruction less than 48 in (1220 mm) wide may be made
if the width of the passages approaching and exiting the turn
is a minimum of 42 in (1065 mm) and the base of the U-turn space
is a minimum of 48 in (1220 mm) wide.
Figure 8. Protruding Objects.
8(d) Objects Mounted on Posts or Pylons. The diagram illustrates an area where an overhang can be greater than 12 in (305 mm) where the object cannot be approached on the side of the overhang.
8(e) Example of Protection around Wall-Mounted
Objects and Measurements of Clear Widths. The minimum clear width
for continuous passage is 36 in (915 mm). 32 in (815 mm) is the
minimum clear width for a maximum distance of 24 in (610 mm).
The maximum distance an object can protrude beyond a wing wall
is 4 in (100 mm).
Figure 8. Protruding Objects.
8(c-1) Overhead Hazards. As an example, the
diagram illustrates a stair whose underside descends across a
pathway. Where the headroom is less than 80 in (2030 mm), protection
is offered by a railing which can be no higher than 27 in (685
mm) to ensure detectability.
Figure 9. Dimensions of Parking Spaces.
The access aisle shall be a minimum of 60
in (1525 mm) wide for cars or a minimum of 96 in (2440 mm) wide
for vans. The accessible route connected to the access aisle
shall be a minimum of 36 in (915 mm) wide.
Figure 11. Measurement of Curb Ramp Slopes.
The ramp slope is a ratio expressed as the
vertical rise divided by the horizontal run. The adjoining slope
at walk or street shall not exceed 1:20.
Figure 12. Sides of Curb Ramps.
12(a) Flared Sides. If the landing depth
at the top of a curb ramp is less than 48 in (1220 mm), then the
slope of the flared side shall not be steeper than 1:12.
Figure 16. Components of a Single Ramp Run
and Sample Ramp Dimensions.
If the slope of a ramp is between 1:12 and
1:16, the maximum rise shall be 30 in (760 mm) and the maximum
horizontal run shall be 30 ft (9 m). If the slope of the ramp
is between 1:16 and 1:20, the maximum rise shall be 30 in (760
mm) and the maximum horizontal run shall be 40 ft (12 m).
Figure 22. Minimum Dimensions of Elevator
Cars.
22(a) Illustrates an elevator with a door providing a 36 in (915 mm) minimum clear width, in the middle of the elevator. The width of the elevator car is a minimum of 80 in (2030 mm). The depth of the elevator car measured from the back wall to the elevator door is a minimum of 54 in (1370 mm). The depth of the elevator car measured from the back wall to the control panel is a minimum of 51 in (1291 mm).
22(b) Illustrates an elevator with door providing
a minimum 36 in (915 mm) clear width, located to one side of the
elevator. The width of the elevator car is a minimum of 68 in
(1730 mm). The depth of the elevator car measured from the back
wall to the elevator door is a minimum of 54 in (1370 mm). The
depth of the elevator car measured from the back wall to the control
panel is a minimum of 51 in (1291 mm).
Figure 23. Car Controls.
23(a) Panel Detail. The diagram illustrates
the symbols used for the following control buttons: main entry
floor, door closed, door open, emergency alarm, and emergency
stop. The diagram further states that the octagon symbol for
the emergency stop shall be raised but the X (inside the octagon)
is not.
Figure 25. Maneuvering Clearances at Doors.
NOTE: All doors in alcoves shall comply with the clearances
for front approaches.
25(a) Front Approaches -- Swinging Doors. Front approaches to pull side of swinging doors shall have maneuvering space that extends 18 in (455 mm) minimum beyond the latch side of the door and 60 in (1525 mm) minimum perpendicular to the doorway.
Front approaches to push side of swinging doors, if equipped with both closer and latch, shall have maneuvering space that extends 12 in (305 mm) minimum beyond the latch side of the door and 48 in (1220 mm) minimum perpendicular to the doorway.
Front approaches to push side of swinging doors, if not equipped with latch and closer, shall have maneuvering space that is the same width as door opening and extends 48 in (1220 mm) minimum perpendicular to the doorway.
25(b) Hinge Side Approaches. Hinge-side approaches to pull side of swinging doors shall have maneuvering space that extends 36 in (915 mm) minimum beyond the latch side of the door if 60 in (1525 mm) minimum is provided perpendicular to the doorway or maneuvering space that extends 42 in (1065 mm) minimum beyond the latch side of the door if 54 in (1370 mm) minimum is provided perpendicular to the doorway.
Hinge-side approaches to push side of swinging doors, if not equipped with both latch and closer, shall have a maneuvering space of 54 in (1370 mm) minimum parallel to the doorway, extending from the latch side to beyond the hinge side, and 42 in (1065 mm) minimum perpendicular to the doorway.
Hinge side approaches to push side of swinging doors, if equipped with both latch and closer, shall have maneuvering space of 54 in (1370 mm) minimum parallel to the doorway, extending from the latch side to beyond the hinge side, and 48 in (1220 mm) minimum perpendicular to the doorway.
25(c) Latch Side Approaches -- Swinging Doors. Latch-side approaches to pull side of swinging doors that have closers shall have maneuvering space that extends 24 in (610 mm) minimum beyond the latch side of the door and 54 in (1370 mm) minimum perpendicular to the doorway.
Latch-side approaches to pull side of swinging doors, if not equipped with closers, shall have maneuvering space that extends 24 in (610 mm) minimum beyond the latch side of the door and 48 in (1220 mm) minimum perpendicular to the doorway.
Latch-side approaches to push side of swinging doors that have closers shall have maneuvering space that extends 24 in (610 mm) minimum parallel to the doorway beyond the latch side of the door and 48 in (1220 mm) minimum perpendicular to the doorway.
Latch-side approaches to push side of swinging doors, if not equipped with closers, shall have maneuvering space that extends 24 in (610 mm) minimum parallel to the doorway beyond the latch side of the door and 42 in (1065 mm) minimum perpendicular to the doorway.
25(d) Front Approach -- Sliding Doors and Folding Doors. Front approaches to sliding doors and folding doors shall have maneuvering space that is the same width as the door opening extending 48 in (1220 mm) minimum perpendicular to the doorway.
25(e) Slide-side approaches to sliding doors and folding doors shall have a maneuvering space of 54 in (1370 mm) minimum parallel to the doorway, extending from the latch side to beyond the hinge side, and 42 in (1065 mm) minimum perpendicular to the doorway.
25(f) Latch Side Approach - Sliding Doors
and Folding Doors. Latch-side approaches to sliding doors and
folding doors shall have a maneuvering space that extends 24 in
(610 mm) minimum beyond the latch side of the door and extends
42 in (1065 mm) minimum perpendicular to the doorway.
Figure 27. Drinking Fountains and Water Coolers.
27(a) Spout Height and Knee Clearance. The
27 in (685 mm) high minimum clear knee space must be free of equipment
or obstructions for a minimum of 8 in (205 mm) extending from
the front edge of the fountain back toward the wall. In addition,
a minimum 9 in (230 mm) high toe clearance space must be provided
extending back toward the wall to a distance no more than 6 in
(150 mm) from the back wall. The toe clearance space must be
free of equipment or obstructions.
Figure 28. Clear Floor Space at Water Closets.
For a side or front approach, the water closet must be located along the back wall and the centerline of the water closet must be 18 in (455 mm) from the side wall with the side grab bar.
For a front approach/transfer, there must be a clear floor space at the water closet that is a minimum 48 in (1220 mm) in width (parallel to the back wall) and a minimum of 66 in (1675 mm) in length. If there is no stall, an accessible lavatory may overlap the clear floor space at the back wall as long as a minimum 18 in (455 mm) clearance is maintained between the centerline of the water closet and the nearest edge of the lavatory.
For a side approach/transfer, there must be a clear floor space at the water closet that is a minimum of 48 in (1220 mm) in width (parallel to the back wall) and a minimum of 56 in (1420 mm) in length. If there is no stall, an accessible lavatory may overlap the clear floor space at the back wall as along as a minimum 18 in (455 mm) clearance is maintained between the centerline of the water closet and the nearest edge of the lavatory.
For a forward and side approach or for a lateral
transfer, there must be a clear floor space at the water closet
that is a minimum of 60 in (1525 mm) in width (parallel to the
back wall) and a minimum of 56 in (1420 mm) in length. There
must be a clear floor space of 42 in (1066 mm) minimum from the
centerline of the water closet to the nearest obstruction/wall.
A lavatory may not overlap this clear space.
Figure 29. Grab Bars at Water Closets.
29(a) Back Wall. A 36 in (915 mm) minimum length grab bar, mounted 33-36 in (840-915 mm) above the finish floor, is required behind the water closet. The grab bar must extend at least 12 in (305) from the centerline of the water closet toward the side wall and at least 24 in (610 mm) from the centerline of the water closet toward the open side.
29(b) Side Wall. A 42 in (1065 mm) minimum
length grab bar is required on the side wall, spaced a maximum
of 12 in (305 mm) from the back wall and extending a minimum of
54 in (1370 mm) from the back wall at a height of 33-36 in (840-915
mm). The toilet paper dispenser shall be mounted below the grab
bar, at a minimum height of 19 in (485 mm).
Figure 30. Toilet Stalls.
30(a) Standard Stall. The minimum width of the stall is 60 in (1525 mm). The centerline of the water closet is 18 in (455 mm) from the side wall. The location of the door is in front of the clear space and diagonal to the water closet, with a maximum stile width of 4 in (100 mm). An alternate door location is permitted to be on the adjacent side of the stall also diagonal to the water closet with a maximum stile width of 4 in (100 mm). The minimum width of the standard stall shall be 60 in (1525 mm). If a wall mounted water closet is used, the depth of the stall is required to be a minimum of 56 in (1420 mm). If a floor mounted water closet is used, the depth of the stall is required to be a minimum of 59 in (1500 mm). A grab bar at least 36 in (965 mm) long shall be located behind the water closet, with one end no further than 6 in (150 mm) from the inside corner of the stall. Another grab bar shall extend at least 52 in (1320 mm) along the side wall, with one end no more than 12 in (305 mm) from the back wall.
30(a-1) Standard Stall (end of row). If a standard stall is provided at the end of a row of stalls, and if the length of the stall is extended at least a minimum of 36 in (915 mm) beyond the required minimum length, the door (if located on the side of the stall) may swing into the stall. Two grab bars are located in the rear and the side of the water closet.
30(b) Alternate Stalls. Two alternate stalls are permitted; one alternate stall is required to be 36 in (915 mm) wide. The other alternate stall is required to be a minimum of 48 in (1220 mm) wide. In either alternate stall, if a wall mounted water closet is used, the depth of the stall is required to be a minimum of 66 in (1675 mm). If a floor mounted water closet is used, the depth of the stall is required to be a minimum of 69 in (1745 mm). The 36 in (915 mm) wide stall shall have parallel grab bars on the side walls. The 48 in (1220 mm) minimum stall shall have a grab bar behind the water closet and one on the side wall next to the water closet. Grab bars are mounted 33-36 in (840-915 mm) above the finish floor. In both alternate stalls, the centerline of the water closet is 18 in (455 mm) from a side wall. In both alternate stalls, the grab bars along the sides of the water closets shall extend at least 54 in (1370 mm) from the back wall and shall have one end no further than 12 in (305 mm) from the back wall.
30(c) Rear Wall of Standard Stall. Grab bars located behind the water closet shall be at least 36 in (915 mm) in length. All grab bars shall be located 33-36 in (840-915 mm) above the finish floor.
30(d) Side Walls. Side grab bars shall be
located 33-36 in (840-915 mm) above the finish floor and shall
be no more than 12 in (305 mm) from the rear wall. Grab bars
shall be at least 40 in (1015 mm) long or at least 42 in (1065
mm) long for alternate stalls. Water closet seat heights shall
be between 17 in (430 mm) and 19 in (485 mm). Toilet paper dispensers
shall be below the grab bar and at least 19 in (485 mm) above
the floor and no further than 36 in (915 mm) from the rear wall.
Figure 31. Lavatory Clearances.
The minimum knee clearance must be free of
equipment or obstructions for a minimum of 8 in (205 mm) extending
from the front edge of the lavatory back toward the wall. This
knee clearance must be 29 in (735 mm) high at the front of the
lavatory and no less than 27 in (685 mm) high at a point 8 in
(205 mm) back. In addition, a minimum 9 in (230 mm) high toe
clearance must be provided extending back toward the wall to a
distance no more than 6 in (150 mm) from the back wall. The toe
clearance space must be free of equipment or obstructions.
Figure 32. Clear Floor Space at Lavatories.
The minimum depth of the lavatory is 17 in
(430 mm).
Figure 33. Clear Floor Space at Bathtubs.
33(a) With Seat in Tub. If the approach is parallel to the bathtub, a 30 in (760 mm) minimum width by 60 in (1525 mm) minimum length clear space is required alongside the bathtub. If the approach is perpendicular to the bathtub, a 48 in (1220 mm) minimum width by 60 in (1525 mm) minimum length clear space is required. An accessible lavatory is permitted within the clear space at the foot end of the tub.
33(b) With Seat at Head of Tub. If the approach
is parallel to the bathtub, a 30 in (760 mm) minimum width by
75 in (1905 mm) minimum length clear space is required alongside
the bathtub. The seat width shall be 15 in (380 mm), measured
from the back wall to the front of the seat, and shall extend
the full width of the tub. An accessible lavatory is permitted
within the clear space at the foot end of the tub.
Figure 34. Grab Bars at Bathtubs.
34(a) With Seat in Tub. At the foot of the tub, the grab bar shall be 24 in (610 mm) minimum in length measured from the outer edge of the tub. On the back wall, two grab bars are required. The grab bars mounted on the back (long) wall shall be a minimum 24 in (610 mm) in length located 12 in (305 mm) maximum from the foot of the tub and 24 in (610 mm) maximum from the head of the tub. One grab bar on the back wall shall be located 9 in (230 mm) above the rim of the tub. The other shall be 33 to 36 in (840 mm to 915 mm) above the bathroom floor. At the head of the tub, the grab bar shall be a minimum of 12 in (305 mm) in length measured from the outer edge of the tub.
34(b) With Seat at Head of Tub. At the foot
of the tub, the grab bar shall be a minimum of 24 in (610 mm)
in length measured from the outer edge of the tub. On the back
wall, two grab bars are required. The grab bars mounted on the
back wall shall be a minimum of 48 in (1220 mm) in length located
a maximum of 12 in (305 mm) from the foot of the tub and a maximum
of 15 in (380 mm) from the head of the tub. Heights of grab bars
are as described above. No horizontal grab bar should be placed
at the head of the tub.
Figure 34. Grab Bars at Bathtubs.
Controls are required to be located in an
area between the open edge and the midpoint of the tub ("offset")
and to be located at the foot of the tub.
Figure 35. Shower Size and Clearances.
35(a) 36 in by 36 in (915 mm by 915 mm) Stall (Transfer Shower). The clear floor space shall be a minimum of 48 in (1220 mm) in length by a minimum of 36 in (915 mm) in width and allow for a parallel approach. The clear floor space shall extend 12 in (305 mm) beyond the shower wall on which the seat is mounted.
35(b) 30 in by 60 in (760 mm by 1525 mm)
Stall (Roll-in Shower). The clear floor space alongside the shower
shall be a minimum of 60 in (1220 mm) in length by a minimum of
36 in (915 mm) in width. If the controls are located on the back
(long) wall, they must be a maximum of 27 in (685 mm) from a side
wall. An accessible lavatory may be located in the clear floor
space at the end of the shower.
Figure 36. Shower Seat Design.
An L-shaped shower seat shall be provided,
extending the full depth of the stall. The seat shall be located
1-1/2 in (38 mm) maximum from the wall. The front of the seat
(nearest to the opening) shall extend a maximum 16 in (330 mm)
from the wall. The back of the seat (against the back wall) shall
extend a maximum of 23 in (582 mm) from the side wall and shall
be a maximum of 15 in (305 mm) deep.
Figure 37. Grab Bars at Shower Stalls.
37(a) 36 in by 36 in (915 mm by 915 mm) Transfer Stall. An L-shaped grab bar shall be provided, located along the full depth of the control wall (opposite the seat) and halfway (18 in (455 mm)) along the back wall. The grab bar shall be mounted 33-36 in (840-915 mm) above the shower floor.
37(b) 30 in by 60 in (760 mm by 1525 mm)
Roll-in Stall. A U-shaped grab bar that wraps around the stall
shall be provided. The grab bar shall be 33-36 in (840-915 mm)
high.
Figure 37. Grab Bars at Shower Stalls.
37(a) 36 in by 36 in (915 mm by 915 mm) Transfer Stall. The controls shall be placed in an area between 38-48 in (965-1220 mm) above the floor. The controls and spray unit shall be within 18 in (455 mm) of the front of the shower.
37(b) 30 in by 60 in (760 mm by 1525 mm)
Roll-in Stall. The controls shall be placed in an area between
38-48 in (965-1220 mm) above the floor. Controls shall be located
on the back (long) wall 27 in (685 mm) from the side wall. The
shower head and control area may be located on the back wall or
on either side wall.
Figure 38. Storage Shelves and Closets.
38(a) Shelves. If the clear floor space allows a parallel approach by a person in a wheelchair and the distance between the wheelchair and the shelf exceeds 10 in (255 mm), the maximum high side reach shall be 48 in (1220 mm) above the floor and the low side reach shall be a minimum of 9 in (230 mm) above the floor. The shelves can be adjustable. The maximum distance from the user to the middle of the shelf shall be 21 in (535 mm).
38(b) Closets. If the clear floor space
allows a parallel approach by a person in a wheelchair and the
distance between the wheelchair and the clothes rod exceeds 10
in (255 mm), the maximum high side reach shall be 48 in (1220
mm). The maximum distance from the user to the clothes rod shall
be 21 in (535 mm).
Figure 43. International Symbols.
43(a) Proportions, International Symbol of Accessibility. The diagram illustrates the International Symbol of Accessibility on a grid background.
43(b) Display Conditions, International Symbol
of Accessibility. The symbol contrast shall be light on dark
or dark on light.
Figure 44. Mounting Heights and Clearances
for Telephones.
44(a) Side Reach Possible. If a parallel approach is provided at a telephone in an enclosure, the wing walls and shelf may extend beyond the face of the telephone a maximum of 10 in (255 mm). The wing walls and shelf may not overlap the required clear space. The controls shall be located no higher than 54 in (1370 mm) above the floor and the wing walls shall extend downward to 27 in (685 mm) or less above the floor.
44(b) Forward Reach Required. If a front
approach is provided at a telephone with an enclosure, the shelf
may extend beyond the face of the telephone a maximum of 20 in
(510 mm) into the required clear floor space. Wing walls may
extend beyond the face of the telephone a maximum of 24 in (610
mm). If wing walls extend more than 24 in (610 mm) beyond the
face of the telephone, an additional 6 in (150 mm) in width of
clear floor space shall be provided, creating a clear floor space
of 36 in by 48 in (910 mm by 1220 mm). Wing walls shall extend
downward to 27 in (685 mm) or less above the floor. The highest
operable part shall be located no higher than 48 in (1220 mm)
above the floor.
Figure 45. Minimum Clearances for Seating
and Tables.
If wheelchair seating is beside fixed seats,
clear floor space 30 in by 48 in (760 mm by 1220 mm) minimum must
be provided. If wheelchair seating is across the front of fixed
seating, the minimum required clear floor space is 42 in by 48
in (1065 mm by 1220 mm). An accessible route to wheelchair seating
must be provided.
Figure 46. Space Requirements for Wheelchair
Seating Spaces in Series.
46(a) Forward or Rear Access. If seating space for two wheelchair users is accessed from the front or rear, the minimum space required is 48 in (1220 mm) deep by 66 in (1675 mm) wide.
46(b) Side Access. If seating space for
two wheelchair users is accessed from the side, the minimum space
required is 60 in (1525 mm) deep by 66 in (1675 mm) wide.
Figure 53. Food Service Lines.
The clear width of the food service line shall
be measured from the leading edge of the tray slide.
Figure 54. Tableware Areas.
The maximum height is 54 in (1370 mm).
Figure 57. Roll-in Shower with Folding Seat.
57(a) Where a fixed seat is provided in a 30 in minimum by 60 in (716 mm by 1220 mm) minimum shower stall, the controls and spray unit on the back (long) wall shall be located a maximum of 27 in (685 mm) from the side wall where the seat is attached.
57(b) An alternate 36 in by 60 in (915 mm
by 1220 mm) minimum shower stall is permitted. The width of the
stall opening shall be a minimum of 36 in (915 mm) clear located
on a long wall at the opposite end of the shower from the controls.
The shower seat shall be 24 in (610 mm) minimum in length by
16 in (330 mm) minimum in width and may be rectangular in shape.
The seat shall be located next to the opening to the shower and
adjacent to the end wall containing the shower head and controls.
Pt. 36, App. B
Appendix B to Part 36 -- Preamble to Regulation
on Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities (Published July 26, 1991)
Note: For the convenience of the reader, this
appendix contains the text of the preamble to the final regulation
on nondiscrimination on the basis of disability by public accommodations
and in commercial facilities beginning at the heading ``Section-by-Section
Analysis and Response to Comments'' and ending before ``List of
Subjects in 28 CFR part 36'' (56 FR 35546, July 26, 1991).
Section-By-Section Analysis and Response to
Comments
Subpart A -- General
Section 36.101 Purpose
Section 36.101 states the purpose of the rule,
which is to effectuate title III of the Americans with Disabilities
Act of 1990. This title prohibits discrimination on the basis
of disability by public accommodations, requires places of public
accommodation and commercial facilities to be designed, constructed,
and altered in compliance with the accessibility standards established
by this part, and requires that examinations or courses related
to licensing or certification for professional or trade purposes
be accessible to persons with disabilities.
Section 36.102 Application
Section 36.102 specifies the range of entities
and facilities that have obligations under the final rule. The
rule applies to any public accommodation or commercial facility
as those terms are defined in Sec.36.104. It also applies, in
accordance with section 309 of the ADA, to private entities that
offer examinations or courses related to applications, licensing,
certification, or credentialing for secondary or postsecondary
education, professional, or trade purposes. Except as provided
in Sec.36.206, ``Retaliation or coercion,'' this part does not
apply to individuals other than public accommodations or to public
entities. Coverage of private individuals and public entities
is discussed in the preamble to Sec.36.206.
As defined in Sec.36.104, a public accommodation
is a private entity that owns, leases or leases to, or operates
a place of public accommodation. Section 36.102(b)(2) emphasizes
that the general and specific public accommodations requirements
of subparts B and C obligate a public accommodation only with
respect to the operations of a place of public accommodation.
This distinction is drawn in recognition of the fact that a private
entity that meets the regulatory definition of public accommodation
could also own, lease or lease to, or operate facilities that
are not places of public accommodation. The rule would exceed
the reach of the ADA if it were to apply the public accommodations
requirements of subparts B and C to the operations of a private
entity that do not involve a place of public accommodation. Similarly,
Sec.36.102(b)(3) provides that the new construction and alterations
requirements of subpart D obligate a public accommodation only
with respect to facilities used as, or designed or constructed
for use as, places of public accommodation or commercial facilities.
On the other hand, as mandated by the ADA
and reflected in Sec.36.102(c), the new construction and alterations
requirements of subpart D apply to a commercial facility whether
or not the facility is a place of public accommodation, or is
owned, leased, leased to, or operated by a public accommodation.
Section 36.102(e) states that the rule does
not apply to any private club, religious entity, or public entity.
Each of these terms is defined in Sec.36.104. The exclusion of
private clubs and religious entities is derived from section 307
of the ADA; and the exclusion of public entities is based on the
statutory definition of public accommodation in section 301(7)
of the ADA, which excludes entities other than private entities
from coverage under title III of the ADA.
Section 36.103 Relationship to Other Laws
Section 36.103 is derived from sections 501
(a) and (b) of the ADA. Paragraph (a) provides that, except as
otherwise specifically provided by this part, the ADA is not intended
to apply lesser standards than are required under title V of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 790 - 794),
or the regulations implementing that title. The standards of title
V of the Rehabilitation Act apply for purposes of the ADA to the
extent that the ADA has not explicitly adopted a different standard
from title V. Where the ADA explicitly provides a different standard
from section 504, the ADA standard applies to the ADA, but not
to section 504. For example, section 504 requires that all federally
assisted programs and activities be readily accessible to and
usable by individuals with handicaps, even if major structural
alterations are necessary to make a program accessible. Title
III of the ADA, in contrast, only requires alterations to existing
facilities if the modifications are ``readily achievable,'' that
is, able to be accomplished easily and without much difficulty
or expense. A public accommodation that is covered under both
section 504 and the ADA is still required to meet the ``program
accessibility'' standard in order to comply with section 504,
but would not be in violation of the ADA unless it failed to make
``readily achievable'' modifications. On the other hand, an entity
covered by the ADA is required to make ``readily achievable''
modifications, even if the program can be made accessible without
any architectural modifications. Thus, an entity covered by both
section 504 and title III of the ADA must meet both the ``program
accessibility'' requirement and the ``readily achievable'' requirement.
Paragraph (b) makes explicit that the rule
does not affect the obligation of recipients of Federal financial
assistance to comply with the requirements imposed under section
504 of the Rehabilitation Act of 1973.
Paragraph (c) makes clear that Congress did
not intend to displace any of the rights or remedies provided
by other Federal laws or other State or local laws (including
State common law) that provide greater or equal protection to
individuals with disabilities. A plaintiff may choose to pursue
claims under a State law that does not confer greater substantive
rights, or even confers fewer substantive rights, if the alleged
violation is protected under the alternative law and the remedies
are greater. For example, assume that a person with a physical
disability seeks damages under a State law that allows compensatory
and punitive damages for discrimination on the basis of physical
disability, but does not allow them on the basis of mental disability.
In that situation, the State law would provide narrower coverage,
by excluding mental disabilities, but broader remedies, and an
individual covered by both laws could choose to bring an action
under both laws. Moreover, State tort claims confer greater remedies
and are not preempted by the ADA. A plaintiff may join a State
tort claim to a case brought under the ADA. In such a case, the
plaintiff must, of course, prove all the elements of the State
tort claim in order to prevail under that cause of action.
A commenter had concerns about privacy requirements
for banking transactions using telephone relay services. Title
IV of the Act provides adequate protections for ensuring the confidentiality
of communications using the relay services. This issue is more
appropriately addressed by the Federal Communications Commission
in its regulation implementing title IV of the Act.
Section 36.104 Definitions
``Act.'' The word ``Act'' is used in the regulation
to refer to the Americans with Disabilities Act of 1990, Pub.
L. 101 - 336, which is also referred to as the ``ADA.''
``Commerce.'' The definition of ``commerce''
is identical to the statutory definition provided in section 301(l)
of the ADA. It means travel, trade, traffic, commerce, transportation,
or communication among the several States, between any foreign
country or any territory or possession and any State, or between
points in the same State but through another State or foreign
country. Commerce is defined in the same manner as in title II
of the Civil Rights Act of 1964, which prohibits racial discrimination
in public accommodations.
The term ``commerce'' is used in the definition
of ``place of public accommodation.'' According to that definition,
one of the criteria that an entity must meet before it can be
considered a place of public accommodation is that its operations
affect commerce. The term ``commerce'' is similarly used in the
definition of ``commercial facility.''
The use of the phrase ``operations affect
commerce'' applies the full scope of coverage of the Commerce
Clause of the Constitution in enforcing the ADA. The Constitution
gives Congress broad authority to regulate interstate commerce,
including the activities of local business enterprises (e.g.,
a physician's office, a neighborhood restaurant, a laundromat,
or a bakery) that affect interstate commerce through the purchase
or sale of products manufactured in other States, or by providing
services to individuals from other States. Because of the integrated
nature of the national economy, the ADA and this final rule will
have extremely broad application.
``Commercial facilities'' are those facilities
that are intended for nonresidential use by a private entity and
whose operations affect commerce. As explained under Sec.36.401,
``New construction,'' the new construction and alteration requirements
of subpart D of the rule apply to all commercial facilities, whether
or not they are places of public accommodation. Those commercial
facilities that are not places of public accommodation are not
subject to the requirements of subparts B and C (e.g., those requirements
concerning auxiliary aids and general nondiscrimination provisions).
Congress recognized that the employees within
commercial facilities would generally be protected under title
I (employment) of the Act. However, as the House Committee on
Education and Labor pointed out, ``[t]o the extent that new facilities
are built in a manner that make[s] them accessible to all individuals,
including potential employees, there will be less of a need for
individual employers to engage in reasonable accommodations for
particular employees.'' H.R. Rep. No. 485, 101st Cong., 2d Sess.,
pt. 2, at 117 (1990) [hereinafter ``Education and Labor report''].
While employers of fewer than 15 employees are not covered by
title I's employment discrimination provisions, there is no such
limitation with respect to new construction covered under title
III. Congress chose not to so limit the new construction provisions
because of its desire for a uniform requirement of accessibility
in new construction, because accessibility can be accomplished
easily in the design and construction stage, and because future
expansion of a business or sale or lease of the property to a
larger employer or to a business that is a place of public accommodation
is always a possibility.
The term ``commercial facilities'' is not
intended to be defined by dictionary or common industry definitions.
Included in this category are factories, warehouses, office buildings,
and other buildings in which employment may occur. The phrase,
``whose operations affect commerce,'' is to be read broadly, to
include all types of activities reached under the commerce clause
of the Constitution.
Privately operated airports are also included
in the category of commercial facilities. They are not, however,
places of public accommodation because they are not terminals
used for ``specified public transportation.'' (Transportation
by aircraft is specifically excluded from the statutory definition
of ``specified public transportation.'') Thus, privately operated
airports are subject to the new construction and alteration requirements
of this rule (subpart D) but not to subparts B and C. (Airports
operated by public entities are covered by title II of the Act.)
Places of public accommodation located within airports, such as
restaurants, shops, lounges, or conference centers, however, are
covered by subparts B and C of this part.
The statute's definition of ``commercial facilities''
specifically includes only facilities ``that are intended for
nonresidential use'' and specifically exempts those facilities
that are covered or expressly exempted from coverage under the
Fair Housing Act of 1968, as amended (42 U.S.C. 3601 - 3631).
The interplay between the Fair Housing Act and the ADA with respect
to those facilities that are ``places of public accommodation''
was the subject of many comments and is addressed in the preamble
discussion of the definition of ``place of public accommodation.''
``Current illegal use of drugs.'' The phrase
``current illegal use of drugs'' is used in Sec.36.209. Its meaning
is discussed in the preamble for that section.
``Disability.'' The definition of the term
``disability'' is comparable to the definition of the term ``individual
with handicaps'' in section 7(8)(B) of the Rehabilitation Act
and section 802(h) of the Fair Housing Act. The Education and
Labor Committee report makes clear that the analysis of the term
``individual with handicaps'' by the Department of Health, Education,
and Welfare in its regulations implementing section 504 (42 FR
22685 (May 4, 1977)) and the analysis by the Department of Housing
and Urban Development in its regulation implementing the Fair
Housing Amendments Act of 1988 (54 FR 3232 (Jan. 23, 1989)) should
also apply fully to the term ``disability'' (Education and Labor
report at 50).
The use of the term ``disability'' instead
of ``handicap'' and the term ``individual with a disability''
instead of ``individual with handicaps'' represents an effort
by the Congress to make use of up-to-date, currently accepted
terminology. The terminology applied to individuals with disabilities
is a very significant and sensitive issue. As with racial and
ethnic terms, the choice of words to describe a person with a
disability is overlaid with stereotypes, patronizing attitudes,
and other emotional connotations. Many individuals with disabilities,
and organizations representing such individuals, object to the
use of such terms as ``handicapped person'' or ``the handicapped.''
In other recent legislation, Congress also recognized this shift
in terminology, e.g., by changing the name of the National Council
on the Handicapped to the National Council on Disability (Pub.
L. 100 - 630).
In enacting the Americans with Disabilities
Act, Congress concluded that it was important for the current
legislation to use terminology most in line with the sensibilities
of most Americans with disabilities. No change in definition or
substance is intended nor should be attributed to this change
in phraseology.
The term ``disability'' means, with respect to an individual --
(A) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(B) A record of such an impairment; or
(C) Being regarded as having such an impairment.
If an individual meets any one of these three
tests, he or she is considered to be an individual with a disability
for purposes of coverage under the Americans with Disabilities
Act.
Congress adopted this same basic definition
of ``disability,'' first used in the Rehabilitation Act of 1973
and in the Fair Housing Amendments Act of 1988, for a number of
reasons. It has worked well since it was adopted in 1974. There
is a substantial body of administrative interpretation and judicial
precedent on this definition. Finally, it would not be possible
to guarantee comprehensiveness by providing a list of specific
disabilities, especially because new disorders may be recognized
in the future, as they have since the definition was first established
in 1974.
Test A -- A Physical or Mental Impairment That
Substantially Limits One or More of the Major Life Activities
of Such Individual
Physical or mental impairment. Under the first
test, an individual must have a physical or mental impairment.
As explained in paragraph (1) (i) of the definition, ``impairment''
means any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body
systems: Neurological; musculoskeletal; special sense organs (including
speech organs that are not respiratory, such as vocal cords, soft
palate, and tongue); respiratory, including speech organs; cardiovascular;
reproductive; digestive; genitourinary; hemic and lymphatic; skin;
and endocrine. It also means any mental or psychological disorder,
such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities. This list
closely tracks the one used in the regulations for section 504
of the Rehabilitation Act of 1973 (see, e.g., 45 CFR 84.3(j)(2)(i)).
Many commenters asked that ``traumatic brain
injury'' be added to the list in paragraph (1)(i). Traumatic brain
injury is already included because it is a physiological condition
affecting one of the listed body systems, i.e., ``neurological.''
Therefore, it was unnecessary for the Department to add the term
to the regulation.
It is not possible to include a list of all
the specific conditions, contagious and noncontagious diseases,
or infections that would constitute physical or mental impairments
because of the difficulty of ensuring the comprehensiveness of
such a list, particularly in light of the fact that other conditions
or disorders may be identified in the future. However, the list
of examples in paragraph (1)(iii) of the definition includes:
Orthopedic, visual, speech and hearing impairments; cerebral palsy;
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, mental retardation, emotional illness, specific
learning disabilities, HIV disease (symptomatic or asymptomatic),
tuberculosis, drug addiction, and alcoholism.
The examples of ``physical or mental impairments''
in paragraph (1)(iii) are the same as those contained in many
section 504 regulations, except for the addition of the phrase
``contagious and noncontagious'' to describe the types of diseases
and conditions included, and the addition of ``HIV disease (symptomatic
or asymptomatic)'' and ``tuberculosis'' to the list of examples.
These additions are based on the ADA committee reports, caselaw,
and official legal opinions interpreting section 504. In School
Board of Nassau County v. Arline, 480 U.S. 273 (1987), a case
involving an individual with tuberculosis, the Supreme Court held
that people with contagious diseases are entitled to the protections
afforded by section 504. Following the Arline decision, this Department's
Office of Legal Counsel issued a legal opinion that concluded
that symptomatic HIV disease is an impairment that substantially
limits a major life activity; therefore it has been included in
the definition of disability under this part. The opinion also
concluded that asymptomatic HIV disease is an impairment that
substantially limits a major life activity, either because of
its actual effect on the individual with HIV disease or because
the reactions of other people to individuals with HIV disease
cause such individuals to be treated as though they are disabled.
See Memorandum from Douglas W. Kmiec, Acting Assistant Attorney
General, Office of Legal Counsel, Department of Justice, to Arthur
B. Culvahouse, Jr., Counsel to the President (Sept. 27, 1988),
reprinted in Hearings on S. 933, the Americans with Disabilities
Act, Before the Subcomm. on the Handicapped of the Senate Comm.
on Labor and Human Resources, 101st Cong., 1st Sess. 346 (1989).
The phrase ``symptomatic or asymptomatic'' was inserted in the
final rule after ``HIV disease'' in response to commenters who
suggested that the clarification was necessary to give full meaning
to the Department's opinion.
Paragraph (1)(iv) of the definition states
that the phrase ``physical or mental impairment'' does not include
homosexuality or bisexuality. These conditions were never considered
impairments under other Federal disability laws. Section 511(a)
of the statute makes clear that they are likewise not to be considered
impairments under the Americans with Disabilities Act.
Physical or mental impairment does not include
simple physical characteristics, such as blue eyes or black hair.
Nor does it include environmental, cultural, economic, or other
disadvantages, such as having a prison record, or being poor.
Nor is age a disability. Similarly, the definition does not include
common personality traits such as poor judgment or a quick temper
where these are not symptoms of a mental or psychological disorder.
However, a person who has these characteristics and also has a
physical or mental impairment may be considered as having a disability
for purposes of the Americans with Disabilities Act based on the
impairment.
Substantial limitation of a major life activity.
Under Test A, the impairment must be one that ``substantially
limits a major life activity.'' Major life activities include
such things as caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working.
For example, a person who is paraplegic is substantially limited
in the major life activity of walking, a person who is blind is
substantially limited in the major life activity of seeing, and
a person who is mentally retarded is substantially limited in
the major life activity of learning. A person with traumatic brain
injury is substantially limited in the major life activities of
caring for one's self, learning, and working because of memory
deficit, confusion, contextual difficulties, and inability to
reason appropriately.
A person is considered an individual with
a disability for purposes of Test A, the first prong of the definition,
when the individual's important life activities are restricted
as to the conditions, manner, or duration under which they can
be performed in comparison to most people. A person with a minor,
trivial impairment, such as a simple infected finger, is not impaired
in a major life activity. A person who can walk for 10 miles continuously
is not substantially limited in walking merely because, on the
eleventh mile, he or she begins to experience pain, because most
people would not be able to walk eleven miles without experiencing
some discomfort.
The Department received many comments on the
proposed rule's inclusion of the word ``temporary'' in the definition
of ``disability.'' The preamble indicated that impairments are
not necessarily excluded from the definition of ``disability''
simply because they are temporary, but that the duration, or expected
duration, of an impairment is one factor that may properly be
considered in determining whether the impairment substantially
limits a major life activity. The preamble recognized, however,
that temporary impairments, such as a broken leg, are not commonly
regarded as disabilities, and only in rare circumstances would
the degree of the limitation and its expected duration be substantial:
Nevertheless, many commenters objected to inclusion of the word
``temporary'' both because it is not in the statute and because
it is not contained in the definition of ``disability'' set forth
in the title I regulations of the Equal Employment Opportunity
Commission (EEOC). The word ``temporary'' has been deleted from
the final rule to conform with the statutory language. The question
of whether a temporary impairment is a disability must be resolved
on a case-by-case basis, taking into consideration both the duration
(or expected duration) of the impairment and the extent to which
it actually limits a major life activity of the affected individual.
The question of whether a person has a disability
should be assessed without regard to the availability of mitigating
measures, such as reasonable modifications or auxiliary aids and
services. For example, a person with hearing loss is substantially
limited in the major life activity of hearing, even though the
loss may be improved through the use of a hearing aid. Likewise,
persons with impairments, such as epilepsy or diabetes, that substantially
limit a major life activity, are covered under the first prong
of the definition of disability, even if the effects of the impairment
are controlled by medication.
Many commenters asked that environmental illness
(also known as multiple chemical sensitivity) as well as allergy
to cigarette smoke be recognized as disabilities. The Department,
however, declines to state categorically that these types of allergies
or sensitivities are disabilities, because the determination as
to whether an impairment is a disability depends on whether, given
the particular circumstances at issue, the impairment substantially
limits one or more major life activities (or has a history of,
or is regarded as having such an effect).
Sometimes respiratory or neurological functioning
is so severely affected that an individual will satisfy the requirements
to be considered disabled under the regulation. Such an individual
would be entitled to all of the protections afforded by the Act
and this part. In other cases, individuals may be sensitive to
environmental elements or to smoke but their sensitivity will
not rise to the level needed to constitute a disability. For example,
their major life activity of breathing may be somewhat, but not
substantially, impaired. In such circumstances, the individuals
are not disabled and are not entitled to the protections of the
statute despite their sensitivity to environmental agents.
In sum, the determination as to whether allergies
to cigarette smoke, or allergies or sensitivities characterized
by the commenters as environmental illness are disabilities covered
by the regulation must be made using the same case-by-case analysis
that is applied to all other physical or mental impairments. Moreover,
the addition of specific regulatory provisions relating to environmental
illness in the final rule would be inappropriate at this time
pending future consideration of the issue by the Architectural
and Transportation Barriers Compliance Board, the Environmental
Protection Agency, and the Occupational Safety and Health Administration
of the Department of Labor.
Test B -- A Record of Such an Impairment
This test is intended to cover those who have
a record of an impairment. As explained in paragraph (3) of the
rule's definition of disability, this includes a person who has
a history of an impairment that substantially limited a major
life activity, such as someone who has recovered from an impairment.
It also includes persons who have been misclassified as having
an impairment.
This provision is included in the definition
in part to protect individuals who have recovered from a physical
or mental impairment that previously substantially limited them
in a major life activity. Discrimination on the basis of such
a past impairment is prohibited. Frequently occurring examples
of the first group (those who have a history of an impairment)
are persons with histories of mental or emotional illness, heart
disease, or cancer; examples of the second group (those who have
been misclassified as having an impairment) are persons who have
been misclassified as having mental retardation or mental illness.
Test C -- Being Regarded as Having Such an
Impairment
This test, as contained in paragraph (4) of
the definition, is intended to cover persons who are treated by
a private entity or public accommodation as having a physical
or mental impairment that substantially limits a major life activity.
It applies when a person is treated as if he or she has an impairment
that substantially limits a major life activity, regardless of
whether that person has an impairment.
The Americans with Disabilities Act uses the
same ``regarded as'' test set forth in the regulations implementing
section 504 of the Rehabilitation Act. See, e.g., 28 CFR 42.540(k)(2)(iv),
which provides:
(iv) ``Is regarded as having an impairment''
means (A) Has a physical or mental impairment that does not substantially
limit major life activities but that is treated by a recipient
as constituting such a limitation; (B) Has a physical or mental
impairment that substantially limits major life activities only
as a result of the attitudes of others toward such impairment;
or (C) Has none of the impairments defined in paragraph (k)(2)(i)
of this section but is treated by a recipient as having such an
impairment.
The perception of the private entity or public
accommodation is a key element of this test. A person who perceives
himself or herself to have an impairment, but does not have an
impairment, and is not treated as if he or she has an impairment,
is not protected under this test. A person would be covered under
this test if a restaurant refused to serve that person because
of a fear of ``negative reactions'' of others to that person.
A person would also be covered if a public accommodation refused
to serve a patron because it perceived that the patron had an
impairment that limited his or her enjoyment of the goods or services
being offered.
For example, persons with severe burns often
encounter discrimination in community activities, resulting in
substantial limitation of major life activities. These persons
would be covered under this test based on the attitudes of others
towards the impairment, even if they did not view themselves as
``impaired.''
The rationale for this third test, as used
in the Rehabilitation Act of 1973, was articulated by the Supreme
Court in Arline, 480 U.S. 273 (1987). The Court noted that, although
an individual may have an impairment that does not in fact substantially
limit a major life activity, the reaction of others may prove
just as disabling. ``Such an impairment might not diminish a person's
physical or mental capabilities, but could nevertheless substantially
limit that person's ability to work as a result of the negative
reactions of others to the impairment.'' Id. at 283. The Court
concluded that, by including this test in the Rehabilitation Act's
definition, ``Congress acknowledged that society's accumulated
myths and fears about disability and disease are as handicapping
as are the physical limitations that flow from actual impairment.''
Id. at 284.
Thus, a person who is not allowed into a public
accommodation because of the myths, fears, and stereotypes associated
with disabilities would be covered under this third test whether
or not the person's physical or mental condition would be considered
a disability under the first or second test in the definition.
If a person is refused admittance on the basis
of an actual or perceived physical or mental condition, and the
public accommodation can articulate no legitimate reason for the
refusal (such as failure to meet eligibility criteria), a perceived
concern about admitting persons with disabilities could be inferred
and the individual would qualify for coverage under the ``regarded
as'' test. A person who is covered because of being regarded as
having an impairment is not required to show that the public accommodation's
perception is inaccurate (e.g., that he will be accepted by others,
or that insurance rates will not increase) in order to be admitted
to the public accommodation.
Paragraph (5) of the definition lists certain
conditions that are not included within the definition of ``disability.''
The excluded conditions are: transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments, other sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, and psychoactive substance use
disorders resulting from current illegal use of drugs. Unlike
homosexuality and bisexuality, which are not considered impairments
under either the Americans with Disabilities Act (see the definition
of ``disability,'' paragraph (1)(iv)) or section 504, the conditions
listed in paragraph (5), except for transvestism, are not necessarily
excluded as impairments under section 504. (Transvestism was excluded
from the definition of disability for section 504 by the Fair
Housing Amendments Act of 1988, Pub. L. 100 - 430, Sec.6(b).)
The phrase ``current illegal use of drugs'' used in this definition
is explained in the preamble to Sec.36.209.
``Drug.'' The definition of the term ``drug''
is taken from section 510(d)(2) of the ADA.
``Facility.'' ``Facility'' means all or any
portion of buildings, structures, sites, complexes, equipment,
rolling stock or other conveyances, roads, walks, passageways,
parking lots, or other real or personal property, including the
site where the building, property, structure, or equipment is
located. Committee reports made clear that the definition of facility
was drawn from the definition of facility in current Federal regulations
(see, e.g., Education and Labor report at 114). It includes both
indoor and outdoor areas where human-constructed improvements,
structures, equipment, or property have been added to the natural
environment.
The term ``rolling stock or other conveyances''
was not included in the definition of facility in the proposed
rule. However, commenters raised questions about the applicability
of this part to places of public accommodation operated in mobile
facilities (such as cruise ships, floating restaurants, or mobile
health units). Those places of public accommodation are covered
under this part, and would be included in the definition of ``facility.''
Thus the requirements of subparts B and C would apply to those
places of public accommodation. For example, a covered entity
could not discriminate on the basis of disability in the full
and equal enjoyment of the facilities (Sec.36.201). Similarly,
a cruise line could not apply eligibility criteria to potential
passengers in a manner that would screen out individuals with
disabilities, unless the criteria are ``necessary,'' as provided
in Sec.36.301.
However, standards for new construction and
alterations of such facilities are not yet included in the Americans
with Disabilities Act Accessibility Guidelines for Buildings and
Facilities (ADAAG) adopted by Sec.36.406 and incorporated in appendix
A. The Department therefore will not interpret the new construction
and alterations provisions of subpart D to apply to the types
of facilities discussed here, pending further development of specific
requirements.
Requirements pertaining to accessible transportation
services provided by public accommodations are included in Sec.36.310
of this part; standards pertaining to accessible vehicles will
be issued by the Secretary of Transportation pursuant to section
306 of the Act, and will be codified at 49 CFR part 37.
A public accommodation has obligations under
this rule with respect to a cruise ship to the extent that its
operations are subject to the laws of the United States.
The definition of ``facility'' only includes
the site over which the private entity may exercise control or
on which a place of public accommodation or a commercial facility
is located. It does not include, for example, adjacent roads or
walks controlled by a public entity that is not subject to this
part. Public entities are subject to the requirements of title
II of the Act. The Department's regulation implementing title
II, which will be codified at 28 CFR part 35, addresses the obligations
of public entities to ensure accessibility by providing curb ramps
at pedestrian walkways.
``Illegal use of drugs.'' The definition of
``illegal use of drugs'' is taken from section 510(d)(1) of the
Act and clarifies that the term includes the illegal use of one
or more drugs.
``Individual with a disability'' means a person
who has a disability but does not include an individual who is
currently illegally using drugs, when the public accommodation
acts on the basis of such use. The phrase ``current illegal use
of drugs'' is explained in the preamble to Sec.36.209.
``Place of public accommodation.'' The term
``place of public accommodation'' is an adaptation of the statutory
definition of ``public accommodation'' in section 301(7) of the
ADA and appears as an element of the regulatory definition of
public accommodation. The final rule defines ``place of public
accommodation'' as a facility, operated by a private entity, whose
operations affect commerce and fall within at least one of 12
specified categories. The term ``public accommodation,'' on the
other hand, is reserved by the final rule for the private entity
that owns, leases (or leases to), or operates a place of public
accommodation. It is the public accommodation, and not the place
of public accommodation, that is subject to the regulation's nondiscrimination
requirements. Placing the obligation not to discriminate on the
public accommodation, as defined in the rule, is consistent with
section 302(a) of the ADA, which places the obligation not to
discriminate on any person who owns, leases (or leases to), or
operates a place of public accommodation.
Facilities operated by government agencies
or other public entities as defined in this section do not qualify
as places of public accommodation. The actions of public entities
are governed by title II of the ADA and will be subject to regulations
issued by the Department of Justice under that title. The receipt
of government assistance by a private entity does not by itself
preclude a facility from being considered as a place of public
accommodation.
The definition of place of public accommodation incorporates the 12 categories of facilities represented in the statutory definition of public accommodation in section 301(7) of the ADA:
1. Places of lodging.
2. Establishments serving food or drink.
3. Places of exhibition or entertainment.
4. Places of public gathering.
5. Sales or rental establishments.
6. Service establishments.
7. Stations used for specified public transportation.
8. Places of public display or collection.
9. Places of recreation.
10. Places of education.
11. Social service center establishments.
12. Places of exercise or recreation.
In order to be a place of public accommodation,
a facility must be operated by a private entity, its operations
must affect commerce, and it must fall within one of these 12
categories. While the list of categories is exhaustive, the representative
examples of facilities within each category are not. Within each
category only a few examples are given. The category of social
service center establishments would include not only the types
of establishments listed, day care centers, senior citizen centers,
homeless shelters, food banks, adoption agencies, but also establishments
such as substance abuse treatment centers, rape crisis centers,
and halfway houses. As another example, the category of sales
or rental establishments would include an innumerable array of
facilities that would sweep far beyond the few examples given
in the regulation. For example, other retail or wholesale establishments
selling or renting items, such as bookstores, videotape rental
stores, car rental establishment, pet stores, and jewelry stores
would also be covered under this category, even though they are
not specifically listed.
Several commenters requested clarification
as to the coverage of wholesale establishments under the category
of ``sales or rental establishments.'' The Department intends
for wholesale establishments to be covered under this category
as places of public accommodation except in cases where they sell
exclusively to other businesses and not to individuals. For example,
a company that grows food produce and supplies its crops exclusively
to food processing corporations on a wholesale basis does not
become a public accommodation because of these transactions. If
this company operates a road side stand where its crops are sold
to the public, the road side stand would be a sales establishment
covered by the ADA. Conversely, a sales establishment that markets
its goods as ``wholesale to the public'' and sells to individuals
would not be exempt from ADA coverage despite its use of the word
``wholesale'' as a marketing technique.
Of course, a company that operates a place
of public accommodation is subject to this part only in the operation
of that place of public accommodation. In the example given above,
the wholesale produce company that operates a road side stand
would be a public accommodation only for the purposes of the operation
of that stand. The company would be prohibited from discriminating
on the basis of disability in the operation of the road side stand,
and it would be required to remove barriers to physical access
to the extent that it is readily achievable to do so (see Sec.36.304);
however, in the event that it is not readily achievable to remove
barriers, for example, by replacing a gravel surface or regrading
the area around the stand to permit access by persons with mobility
impairments, the company could meet its obligations through alternative
methods of making its goods available, such as delivering produce
to a customer in his or her car (see Sec.36.305). The concepts
of readily achievable barrier removal and alternatives to barrier
removal are discussed further in the preamble discussion of Sec..36.304
and 36.305.
Even if a facility does not fall within one
of the 12 categories, and therefore does not qualify as a place
of public accommodation, it still may be a commercial facility
as defined in Sec.36.104 and be subject to the new construction
and alterations requirements of subpart D.
A number of commenters questioned the treatment
of residential hotels and other residential facilities in the
Department's proposed rule. These commenters were essentially
seeking resolution of the relationship between the Fair Housing
Act and the ADA concerning facilities that are both residential
in nature and engage in activities that would cause them to be
classified as ``places of public accommodation'' under the ADA.
The ADA's express exemption relating to the Fair Housing Act applies
only to ``commercial facilities'' and not to ``places of public
accommodation.''
A facility whose operations affect interstate
commerce is a place of public accommodation for purposes of the
ADA to the extent that its operations include those types of activities
engaged in or services provided by the facilities contained on
the list of 12 categories in section 301(7) of the ADA. Thus,
a facility that provides social services would be considered a
``social service center establishment.'' Similarly, the category
``places of lodging'' would exclude solely residential facilities
because the nature of a place of lodging contemplates the use
of the facility for short-term stays.
Many facilities, however, are mixed use facilities.
For example, in a large hotel that has a separate residential
apartment wing, the residential wing would not be covered by the
ADA because of the nature of the occupancy of that part of the
facility. This residential wing would, however, be covered by
the Fair Housing Act. The separate nonresidential accommodations
in the rest of the hotel would be a place of lodging, and thus
a public accommodation subject to the requirements of this final
rule. If a hotel allows both residential and short-term stays,
but does not allocate space for these different uses in separate,
discrete units, both the ADA and the Fair Housing Act may apply
to the facility. Such determinations will need to be made on a
case-by-case basis. Any place of lodging of the type described
in paragraph (1) of the definition of place of public accommodation
and that is an establishment located within a building that contains
not more than five rooms for rent or hire and is actually occupied
by the proprietor of the establishment as his or her residence
is not covered by the ADA. (This exclusion from coverage does
not apply to other categories of public accommodations, for example,
professional offices or homeless shelters, that are located in
a building that is also occupied as a private residence.)
A number of commenters noted that the term
``residential hotel'' may also apply to a type of hotel commonly
known as a ``single room occupancy hotel.'' Although such hotels
or portions of such hotels may fall under the Fair Housing Act
when operated or used as long-term residences, they are also considered
``places of lodging'' under the ADA when guests of such hotels
are free to use them on a short-term basis. In addition, ``single
room occupancy hotels'' may provide social services to their guests,
often through the operation of Federal or State grant programs.
In such a situation, the facility would be considered a ``social
service center establishment'' and thus covered by the ADA as
a place of public accommodation, regardless of the length of stay
of the occupants.
A similar analysis would also be applied to
other residential facilities that provide social services, including
homeless shelters, shelters for people seeking refuge from domestic
violence, nursing homes, residential care facilities, and other
facilities where persons may reside for varying lengths of time.
Such facilities should be analyzed under the Fair Housing Act
to determine the application of that statute. The ADA, however,
requires a separate and independent analysis. For example, if
the facility, or a portion of the facility, is intended for or
permits short-term stays, or if it can appropriately be categorized
as a service establishment or as a social service establishment,
then the facility or that portion of the facility used for the
covered purpose is a place of public accommodation under the ADA.
For example, a homeless shelter that is intended and used only
for long-term residential stays and that does not provide social
services to its residents would not be covered as a place of public
accommodation. However, if this facility permitted short-term
stays or provided social services to its residents, it would be
covered under the ADA either as a ``place of lodging'' or as a
``social service center establishment,'' or as both.
A private home, by itself, does not fall within
any of the 12 categories. However, it can be covered as a place
of public accommodation to the extent that it is used as a facility
that would fall within one of the 12 categories. For example,
if a professional office of a dentist, doctor, or psychologist
is located in a private home, the portion of the home dedicated
to office use (including areas used both for the residence and
the office, e.g., the entrance to the home that is also used as
the entrance to the professional office) would be considered a
place of public accommodation. Places of public accommodation
located in residential facilities are specifically addressed in
Sec.36.207.
If a tour of a commercial facility that is
not otherwise a place of public accommodation, such as, for example,
a factory or a movie studio production set, is open to the general
public, the route followed by the tour is a place of public accommodation
and the tour must be operated in accordance with the rule's requirements
for public accommodations. The place of public accommodation defined
by the tour does not include those portions of the commercial
facility that are merely viewed from the tour route. Hence, the
barrier removal requirements of Sec.36.304 only apply to the physical
route followed by the tour participants and not to work stations
or other areas that are merely adjacent to, or within view of,
the tour route. If the tour is not open to the general public,
but rather is conducted, for example, for selected business colleagues,
partners, customers, or consultants, the tour route is not a place
of public accommodation and the tour is not subject to the requirements
for public accommodations.
Public accommodations that receive Federal
financial assistance are subject to the requirements of section
504 of the Rehabilitation Act as well as the requirements of the
ADA.
Private schools, including elementary and
secondary schools, are covered by the rule as places of public
accommodation. The rule itself, however, does not require a private
school to provide a free appropriate education or develop an individualized
education program in accordance with regulations of the Department
of Education implementing section 504 of the Rehabilitation Act
of 1973, as amended (34 CFR part 104), and regulations implementing
the Individuals with Disabilities Education Act (34 CFR part 300).
The receipt of Federal assistance by a private school, however,
would trigger application of the Department of Education's regulations
to the extent mandated by the particular type of assistance received.
``Private club.'' The term ``private club''
is defined in accordance with section 307 of the ADA as a private
club or establishment exempted from coverage under title II of
the Civil Rights Act of 1964. Title II of the 1964 Act exempts
any ``private club or other establishment not in fact open to
the public, except to the extent that the facilities of such establishment
are made available to the customers or patrons of [a place of
public accommodation as defined in title II].'' The rule, therefore,
as reflected in Sec.36.102(e) of the application section, limits
the coverage of private clubs accordingly. The obligations of
a private club that rents space to any other private entity for
the operation of a place of public accommodation are discussed
further in connection with Sec.36.201.
In determining whether a private entity qualifies
as a private club under title II, courts have considered such
factors as the degree of member control of club operations, the
selectivity of the membership selection process, whether substantial
membership fees are charged, whether the entity is operated on
a nonprofit basis, the extent to which the facilities are open
to the public, the degree of public funding, and whether the club
was created specifically to avoid compliance with the Civil Rights
Act. See e.g., Tillman v. Wheaton-Haven Recreation Ass'n, 410
U.S. 431 (1973); Daniel v. Paul, 395 U.S. 298 (1969); Olzman v.
Lake Hills Swim Club, Inc., 495 F.2d 1333 (2d Cir. 1974); Anderson
v. Pass Christian Isles Golf Club, Inc., 488 F.2d 855 (5th Cir.
1974); Smith v. YMCA, 462 F.2d 634 (5th Cir. 1972); Stout v. YMCA,
404 F.2d 687 (5th Cir. 1968); United States v. Richberg, 398 F.2d
523 (5th Cir. 1968); Nesmith v. YMCA, 397 F.2d 96 (4th Cir. 1968);
United States v. Lansdowne Swim Club, 713 F. Supp. 785 (E.D. Pa.
1989); Durham v. Red Lake Fishing and Hunting Club, Inc., 666
F. Supp. 954 (W.D. Tex. 1987); New York v. Ocean Club, Inc., 602
F. Supp. 489 (E.D.N.Y. 1984); Brown v. Loudoun Golf and Country
Club, Inc., 573 F. Supp. 399 (E.D. Va. 1983); United States v.
Trustees of Fraternal Order of Eagles, 472 F. Supp. 1174 (E.D.
Wis. 1979); Cornelius v. Benevolent Protective Order of Elks,
382 F. Supp. 1182 (D. Conn. 1974).
``Private entity.'' The term ``private entity''
is defined as any individual or entity other than a public entity.
It is used as part of the definition of ``public accommodation''
in this section.
The definition adds ``individual'' to the
statutory definition of private entity (see section 301(6) of
the ADA). This addition clarifies that an individual may be a
private entity and, therefore, may be considered a public accommodation
if he or she owns, leases (or leases to), or operates a place
of public accommodation. The explicit inclusion of individuals
under the definition of private entity is consistent with section
302(a) of the ADA, which broadly prohibits discrimination on the
basis of disability by any person who owns, leases (or leases
to), or operates a place of public accommodation.
``Public accommodation.'' The term ``public
accommodation'' means a private entity that owns, leases (or leases
to), or operates a place of public accommodation. The regulatory
term, ``public accommodation,'' corresponds to the statutory term,
``person,'' in section 302(a) of the ADA. The ADA prohibits discrimination
``by any person who owns, leases (or leases to), or operates a
place of public accommodation.'' The text of the regulation consequently
places the ADA's nondiscrimination obligations on ``public accommodations''
rather than on ``persons'' or on ``places of public accommodation.''
As stated in Sec.36.102(b)(2), the requirements
of subparts B and C obligate a public accommodation only with
respect to the operations of a place of public accommodation.
A public accommodation must also meet the requirements of subpart
D with respect to facilities used as, or designed or constructed
for use as, places of public accommodation or commercial facilities.
``Public entity.'' The term ``public entity''
is defined in accordance with section 201(1) of the ADA as any
State or local government; any department, agency, special purpose
district, or other instrumentality of a State or States or local
government; and the National Railroad Passenger Corporation, and
any commuter authority (as defined in section 103(8) of the Rail
Passenger Service Act). It is used in the definition of ``private
entity'' in Sec.36.104. Public entities are excluded from the
definition of private entity and therefore cannot qualify as public
accommodations under this regulation. However, the actions of
public entities are covered by title II of the ADA and by the
Department's title II regulations codified at 28 CFR part 35.
``Qualified interpreter.'' The Department
received substantial comment regarding the lack of a definition
of ``qualified interpreter.'' The proposed rule defined auxiliary
aids and services to include the statutory term, ``qualified interpreters''
(Sec.36.303(b)), but did not define that term. Section 36.303
requires the use of a qualified interpreter where necessary to
achieve effective communication, unless an undue burden or fundamental
alteration would result. Commenters stated that a lack of guidance
on what the term means would create confusion among those trying
to secure interpreting services and often result in less than
effective communication.
Many commenters were concerned that, without
clear guidance on the issue of ``qualified'' interpreter, the
rule would be interpreted to mean ``available, rather than qualified''
interpreters. Some claimed that few public accommodations would
understand the difference between a qualified interpreter and
a person who simply knows a few signs or how to fingerspell.
In order to clarify what is meant by ``qualified
interpreter'' the Department has added a definition of the term
to the final rule. A qualified interpreter means an interpreter
who is able to interpret effectively, accurately, and impartially
both receptively and expressively, using any necessary specialized
vocabulary. This definition focuses on the actual ability of the
interpreter in a particular interpreting context to facilitate
effective communication between the public accommodation and the
individual with disabilities.
Public comment also revealed that public accommodations
have at times asked persons who are deaf to provide family members
or friends to interpret. In certain circumstances, notwithstanding
that the family member or friend is able to interpret or is a
certified interpreter, the family member or friend may not be
qualified to render the necessary interpretation because of factors
such as emotional or personal involvement or considerations of
confidentiality that may adversely affect the ability to interpret
``effectively, accurately, and impartially.''
``Readily achievable.'' The definition of ``readily achievable'' follows the statutory definition of that term in section 301(9) of the ADA. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. The term is used as a limitation on the obligation to remove barriers under Sec..36.304(a), 36.305(a), 36.308(a), and 36.310(b). Further discussion of the meaning and application of the term ``readily achievable'' may be found in the preamble section for Sec.36.304.
The definition lists factors to be considered
in determining whether barrier removal is readily achievable in
any particular circumstance. A significant number of commenters
objected to Sec.36.306 of the proposed rule, which listed identical
factors to be considered for determining ``readily achievable''
and ``undue burden'' together in one section. They asserted that
providing a consolidated section blurred the distinction between
the level of effort required by a public accommodation under the
two standards. The readily achievable standard is a ``lower''
standard than the ``undue burden'' standard in terms of the level
of effort required, but the factors used in determining whether
an action is readily achievable or would result in an undue burden
are identical (See Education and Labor report at 109). Although
the preamble to the proposed rule clearly delineated the relationship
between the two standards, to eliminate any confusion the Department
has deleted Sec.36.306 of the proposed rule. That section, in
any event, as other commenters noted, had merely repeated the
lists of factors contained in the definitions of readily achievable
and undue burden.
The list of factors included in the definition
is derived from section 301(9) of the ADA. It reflects the congressional
intention that a wide range of factors be considered in determining
whether an action is readily achievable. It also takes into account
that many local facilities are owned or operated by parent corporations
or entities that conduct operations at many different sites. This
section makes clear that, in some instances, resources beyond
those of the local facility where the barrier must be removed
may be relevant in determining whether an action is readily achievable.
One must also evaluate the degree to which any parent entity has
resources that may be allocated to the local facility.
The statutory list of factors in section 301(9)
of the Act uses the term ``covered entity'' to refer to the larger
entity of which a particular facility may be a part. ``Covered
entity'' is not a defined term in the ADA and is not used consistently
throughout the Act. The definition, therefore, substitutes the
term ``parent entity'' in place of ``covered entity'' in paragraphs
(3), (4), and (5) when referring to the larger private entity
whose overall resources may be taken into account. This usage
is consistent with the House Judiciary Committee's use of the
term ``parent company'' to describe the larger entity of which
the local facility is a part (H.R. Rep. No. 485, 101st Cong.,
2d Sess., pt. 3, at 40 - 41, 54 - 55 (1990) (hereinafter ``Judiciary
report'')).
A number of commenters asked for more specific
guidance as to when and how the resources of a parent corporation
or entity are to be taken into account in determining what is
readily achievable. The Department believes that this complex
issue is most appropriately resolved on a case-by-case basis.
As the comments reflect, there is a wide variety of possible relationships
between the site in question and any parent corporation or other
entity. It would be unwise to posit legal ramifications under
the ADA of even generic relationships (e.g., banks involved in
foreclosures or insurance companies operating as trustees or in
other similar fiduciary relationships), because any analysis will
depend so completely on the detailed fact situations and the exact
nature of the legal relationships involved. The final rule does,
however, reorder the factors to be considered. This shift and
the addition of the phrase ``if applicable'' make clear that the
line of inquiry concerning factors will start at the site involved
in the action itself. This change emphasizes that the overall
resources, size, and operations of the parent corporation or entity
should be considered to the extent appropriate in light of ``the
geographic separateness, and the administrative or fiscal relationship
of the site or sites in question to any parent corporation or
entity.''
Although some commenters sought more specific
numerical guidance on the definition of readily achievable, the
Department has declined to establish in the final rule any kind
of numerical formula for determining whether an action is readily
achievable. It would be difficult to devise a specific ceiling
on compliance costs that would take into account the vast diversity
of enterprises covered by the ADA's public accommodations requirements
and the economic situation that any particular entity would find
itself in at any moment. The final rule, therefore, implements
the flexible case-by-case approach chosen by Congress.
A number of commenters requested that security
considerations be explicitly recognized as a factor in determining
whether a barrier removal action is readily achievable. The Department
believes that legitimate safety requirements, including crime
prevention measures, may be taken into account so long as they
are based on actual risks and are necessary for safe operation
of the public accommodation. This point has been included in the
definition.
Some commenters urged the Department not to
consider acts of barrier removal in complete isolation from each
other in determining whether they are readily achievable. The
Department believes that it is appropriate to consider the cost
of other barrier removal actions as one factor in determining
whether a measure is readily achievable.
``Religious entity.'' The term ``religious entity'' is defined in accordance with section 307 of the ADA as a religious organization or entity controlled by a religious organization, including a place of worship. Section 36.102(e) of the rule states that the rule does not apply to any religious entity.
The ADA's exemption of religious organizations
and religious entities controlled by religious organizations is
very broad, encompassing a wide variety of situations. Religious
organizations and entities controlled by religious organizations
have no obligations under the ADA. Even when a religious organization
carries out activities that would othervise make it a public accommodation,
the religious organization is exempt from ADA coverage. Thus,
if a church itself operates a day care center, a nursing home,
a private school, or a diocesan school system, the operations
of the center, home, school, or schools would not be subject to
the requirements of the ADA or this part. The religious entity
would not lose its exemption merely because the services provided
were open to the general public. The test is whether the church
or other religious organization operates the public accommodation,
not which individuals receive the public accommodation's services.
Religious entities that are controlled by
religious organizations are also exempt from the ADA's requirements.
Many religious organizations in the United States use lay boards
and other secular or corporate mechanisms to operate schools and
an array of social services. The use of a lay board or other mechanism
does not itself remove the ADA's religious exemption. Thus, a
parochial school, having religious doctrine in its curriculum
and sponsored by a religious order, could be exempt either as
a religious organization or as an entity controlled by a religious
organization, even if it has a lay board. The test remains a factual
one -- whether the church or other religious organization controls
the operations of the school or of the service or whether the
school or service is itself a religious organization.
Although a religious organization or a religious
entity that is controlled by a religious organization has no obligations
under the rule, a public accommodation that is not itself a religious
organization, but that operates a place of public accommodation
in leased space on the property of a religious entity, which is
not a place of worship, is subject to the rule's requirements
if it is not under control of a religious organization. When a
church rents meeting space, which is not a place of worship, to
a local community group or to a private, independent day care
center, the ADA applies to the activities of the local community
group and day care center if a lease exists and consideration
is paid.
``Service animal.'' The term ``service animal'' encompasses any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. The term is used in Sec.36.302(c), which requires public accommodations generally to modify policies, practices, and procedures to accommodate the use of service animals in places of public accommodation.
``Specified public transportation.'' The definition
of ``specified public transportation'' is identical to the statutory
definition in section 301(10) of the ADA. The term means transportation
by bus, rail, or any other conveyance (other than by aircraft)
that provides the general public with general or special service
(including charter service) on a regular and continuing basis.
It is used in category (7) of the definition of ``place of public
accommodation,'' which includes stations used for specified public
transportation.
The effect of this definition, which excludes
transportation by aircraft, is that it excludes privately operated
airports from coverage as places of public accommodation. However,
places of public accommodation located within airports would be
covered by this part. Airports that are operated by public entities
are covered by title II of the ADA and, if they are operated as
part of a program receiving Federal financial assistance, by section
504 of the Rehabilitation Act. Privately operated airports are
similarly covered by section 504 if they are operated as part
of a program receiving Federal financial assistance. The operations
of any portion of any airport that are under the control of an
air carrier are covered by the Air Carrier Access Act. In addition,
airports are covered as commercial facilities under this rule.
``State.'' The definition of ``State'' is
identical to the statutory definition in section 3(3) of the ADA.
The term is used in the definitions of ``commerce'' and ``public
entity'' in Sec.36.104.
``Undue burden.'' The definition of ``undue
burden'' is analogous to the statutory definition of ``undue hardship''
in employment under section 101(10) of the ADA. The term undue
burden means ``significant difficulty or expense'' and serves
as a limitation on the obligation to provide auxiliary aids and
services under Sec.36.303 and Sec..36.309 (b)(3) and (c)(3). Further
discussion of the meaning and application of the term undue burden
may be found in the preamble discussion of Sec.36.303.
The definition lists factors considered in
determining whether provision of an auxiliary aid or service in
any particular circumstance would result in an undue burden. The
factors to be considered in determining whether an action would
result in an undue burden are identical to those to be considered
in determining whether an action is readily achievable. However,
``readily achievable'' is a lower standard than ``undue burden''
in that it requires a lower level of effort on the part of the
public accommodation (see Education and Labor report at 109).
Further analysis of the factors to be considered
in determining undue burden may be found in the preamble discussion
of the definition of the term ``readily achievable.''
Subpart B -- General Requirements
Subpart B includes general prohibitions restricting
a public accommodation from discriminating against people with
disabilities by denying them the opportunity to benefit from goods
or services, by giving them unequal goods or services, or by giving
them different or separate goods or services. These general prohibitions
are patterned after the basic, general prohibitions that exist
in other civil rights laws that prohibit discrimination on the
basis of race, sex, color, religion, or national origin.
Section 36.201 General
Section 36.201(a) contains the general rule
that prohibits discrimination on the basis of disability in the
full and equal enjoyment of goods, services, facilities, privileges,
advantages, and accommodations of any place of public accommodation.
Full and equal enjoyment means the right to
participate and to have an equal opportunity to obtain the same
results as others to the extent possible with such accommodations
as may be required by the Act and these regulations. It does not
mean that an individual with a disability must achieve an identical
result or level of achievement as persons without a disability.
For example, an exercise class cannot exclude a person who uses
a wheelchair because he or she cannot do all of the exercises
and derive the same result from the class as persons without a
disability.
Section 302(a) of the ADA states that the
prohibition against discrimination applies to ``any person who
owns, leases (or leases to), or operates a place of public accommodation,''
and this language is reflected in Sec.36.201(a). The coverage
is quite extensive and would include sublessees, management companies,
and any other entity that owns, leases, leases to, or operates
a place of public accommodation, even if the operation is only
for a short time.
The first sentence of paragraph (b) of Sec.36.201
reiterates the general principle that both the landlord that owns
the building that houses the place of public accommodation, as
well as the tenant that owns or operates the place of public accommodation,
are public accommodations subject to the requirements of this
part. Although the statutory language could be interpreted as
placing equal responsibility on all private entities, whether
lessor, lessee, or operator of a public accommodation, the committee
reports suggest that liability may be allocated. Section 36.201(b)
of that section of the proposed rule attempted to allocate liability
in the regulation itself. Paragraph (b)(2) of that section made
a specific allocation of liability for the obligation to take
readily achievable measures to remove barriers, and paragraph
(b)(3) made a specific allocation for the obligation to provide
auxiliary aids.
Numerous commenters pointed out that these
allocations would not apply in all situations. Some asserted that
paragraph (b)(2) of the proposed rule only addressed the situation
when a lease gave the tenant the right to make alterations with
permission of the landlord, but failed to address other types
of leases, e.g., those that are silent on the right to make alterations,
or those in which the landlord is not permitted to enter a tenant's
premises to make alterations. Several commenters noted that many
leases contain other clauses more relevant to the ADA than the
alterations clause. For example, many leases contain a ``compliance
clause,'' a clause which allocates responsibility to a particular
party for compliance with all relevant Federal, State, and local
laws. Many commenters pointed out various types of relationships
that were left unaddressed by the regulation, e.g., sale and leaseback
arrangements where the landlord is a financial institution with
no control or responsibility for the building; franchises; subleases;
and management companies which, at least in the hotel industry,
often have control over operations but are unable to make modifications
to the premises.
Some commenters raised specific questions
as to how the barrier removal allocation would work as a practical
matter. Paragraph (b)(2) of the proposed rule provided that the
burden of making readily achievable modifications within the tenant's
place of public accommodation would shift to the landlord when
the modifications were not readily achievable for the tenant or
when the landlord denied a tenant's request for permission to
make such modifications. Commenters noted that the rule did not
specify exactly when the burden would actually shift from tenant
to landlord and whether the landlord would have to accept a tenant's
word that a particular action is not readily achievable. Others
questioned if the tenant should be obligated to use alternative
methods of barrier removal before the burden shifts. In light
of the fact that readily achievable removal of barriers can include
such actions as moving of racks and displays, some commenters
doubted the appropriateness of requiring a landlord to become
involved in day-to-day operations of its tenants' businesses.
The Department received widely differing comments
in response to the preamble question asking whether landlord and
tenant obligations should vary depending on the length of time
remaining on an existing lease. Many suggested that tenants should
have no responsibilities in ``shorter leases,'' which commenters
defined as ranging anywhere from 90 days to three years. Other
commenters pointed out that the time remaining on the lease should
not be a factor in the rule's allocation of responsibilities,
but is relevant in determining what is readily achievable for
the tenant. The Department agrees with this latter approach and
will interpret the rule in that manner.
In recognition of the somewhat limited applicability
of the allocation scheme contained in the proposed rule, paragraphs
(b)(2) and (b)(3) have been deleted from the final rule. The Department
has substituted instead a statement that allocation of responsibility
as between the parties for taking readily achievable measures
to remove barriers and to provide auxiliary aids and services
both in common areas and within places of public accommodation
may be determined by the lease or other contractual relationships
between the parties. The ADA was not intended to change existing
landlord/tenant responsibilities as set forth in the lease. By
deleting specific provisions from the rule, the Department gives
full recognition to this principle. As between the landlord and
tenant, the extent of responsibility for particular obligations
may be, and in many cases probably will be, determined by contract.
The suggested allocation of responsibilities
contained in the proposed rule may be used if appropriate in a
particular situation. Thus, the landlord would generally be held
responsible for making readily achievable changes and providing
auxiliary aids and services in common areas and for modifying
policies, practices, or procedures applicable to all tenants,
and the tenant would generally be responsible for readily achievable
changes, provision of auxiliary aids, and modification of policies
within its own place of public accommodation.
Many commenters objected to the proposed rule's
allocation of responsibility for providing auxiliary aids and
services solely to the tenant, pointing out that this exclusive
allocation may not be appropriate in the case of larger public
accommodations that operate their businesses by renting space
out to smaller public accommodations. For example, large theaters
often rent to smaller traveling companies and hospitals often
rely on independent contractors to provide childbirth classes.
Groups representing persons with disabilities objected to the
proposed rule because, in their view, it permitted the large theater
or hospital to evade ADA responsibilities by leasing to independent
smaller entities. They suggested that these types of public accommodations
are not really landlords because they are in the business of providing
a service, rather than renting space, as in the case of a shopping
center or office building landlord. These commenters believed
that responsibility for providing auxiliary aids should shift
to the landlord, if the landlord relies on a smaller public accommodation
or independent contractor to provide services closely related
to those of the larger public accommodation, and if the needed
auxiliary aids prove to be an undue burden for the smaller public
accommodation. The final rule no longer lists specific allocations
to specific parties but, rather, leaves allocation of responsibilities
to the lease negotiations. Parties are, therefore, free to allocate
the responsibility for auxiliary aids.
Section 36.201(b)(4) of the proposed rule,
which provided that alterations by a tenant on its own premises
do not trigger a path of travel obligation on the landlord, has
been moved to Sec.36.403(d) of the final rule.
An entity that is not in and of itself a public
accommodation, such as a trade association or performing artist,
may become a public accommodation when it leases space for a conference
or performance at a hotel, convention center, or stadium. For
an entity to become a public accommodation when it is the lessee
of space, however, the Department believes that consideration
in some form must be given. Thus, a Boy Scout troop that accepts
donated space does not become a public accommodation because the
troop has not ``leased'' space, as required by the ADA.
As a public accommodation, the trade association
or performing artist will be responsible for compliance with this
part. Specific responsibilities should be allocated by contract,
but, generally, the lessee should be responsible for providing
auxiliary aids and services (which could include interpreters,
Braille programs, etc.) for the participants in its conference
or performance as well as for assuring that displays are accessible
to individuals with disabilities.
Some commenters suggested that the rule should
allocate responsibilities for areas other than removal of barriers
and auxiliary aids. The final rule leaves allocation of all areas
to the lease negotiations. However, in general landlords should
not be given responsibility for policies a tenant applies in operating
its business, if such policies are solely those of the tenant.
Thus, if a restaurant tenant discriminates by refusing to seat
a patron, it would be the tenant, and not the landlord, who would
be responsible, because the discriminatory policy is imposed solely
by the tenant and not by the landlord. If, however, a tenant refuses
to modify a ``no pets'' rule to allow service animals in its restaurant
because the landlord mandates such a rule, then both the landlord
and the tenant would be liable for violation of the ADA when a
person with a service dog is refused entrance. The Department
wishes to emphasize, however, that the parties are free to allocate
responsibilities in any way they choose.
Private clubs are also exempt from the ADA.
However, consistent with title II of the Civil Rights Act (42
U.S.C. 2000a(e), a private club is considered a public accommodation
to the extent that ``the facilities of such establishment are
made available to the customers or patrons'' of a place of public
accommodation. Thus, if a private club runs a day care center
that is open exclusively to its own members, the club, like the
church in the example above, would have no responsibility for
compliance with the ADA. Nor would the day care center have any
responsibilities because it is part of the private club exempt
from the ADA.
On the other hand, if the private club rents
to a day care center that is open to the public, then the private
club would have the same obligations as any other public accommodation
that functions as a landlord with respect to compliance with title
III within the day care center. In such a situation, both the
private club that ``leases to'' a public accommodation and the
public accommodation lessee (the day care center) would be subject
to the ADA. This same principle would apply if the private club
were to rent to, for example, a bar association, which is not
generally a public accommodation but which, as explained above,
becomes a public accommodation when it leases space for a conference.
Section 36.202 Activities
Section 36.202 sets out the general forms
of discrimination prohibited by title III of the ADA. These general
prohibitions are further refined by the specific prohibitions
in subpart C. Section 36.213 makes clear that the limitations
on the ADA's requirements contained in subpart C, such as ``necessity''
(Sec.36.301(a)) and ``safety'' (Sec.36.301(b)), are applicable
to the prohibitions in Sec.36.202. Thus, it is unnecessary to
add these limitations to Sec.36.202 as has been requested by some
commenters. In addition, the language of Sec.36.202 very closely
tracks the language of section 302(b)(1)(A) of the Act, and that
statutory provision does not expressly contain these limitations.
Deny participation -- Section 36.202(a) provides
that it is discriminatory to deny a person with a disability the
right to participate in or benefit from the goods, services, facilities,
privileges, advantages, or accommodations of a place of public
accommodation.
A public accommodation may not exclude persons
with disabilities on the basis of disability for reasons other
than those specifically set forth in this part. For example, a
public accommodation cannot refuse to serve a person with a disability
because its insurance company conditions coverage or rates on
the absence of persons with disabilities. This is a frequent basis
of exclusion from a variety of community activities and is prohibited
by this part.
Unequal benefit -- Section 36.202(b) prohibits
services or accommodations that are not equal to those provided
others. For example, persons with disabilities must not be limited
to certain performances at a theater.
Separate benefit -- Section 36.202(c) permits
different or separate benefits or services only when necessary
to provide persons with disabilities opportunities as effective
as those provided others. This paragraph permitting separate benefits
``when necessary'' should be read together with Sec.36.203(a),
which requires integration in ``the most integrated setting appropriate
to the needs of the individual.'' The preamble to that section
provides further guidance on separate programs. Thus, this section
would not prohibit the designation of parking spaces for persons
with disabilities.
Each of the three paragraphs (a) - (c) prohibits
discrimination against an individual or class of individuals ``either
directly or through contractual, licensing, or other arrangements.''
The intent of the contractual prohibitions of these paragraphs
is to prohibit a public accommodation from doing indirectly, through
a contractual relationship, what it may not do directly. Thus,
the ``individual or class of individuals'' referenced in the three
paragraphs is intended to refer to the clients and customers of
the public accommodation that entered into a contractual arrangement.
It is not intended to encompass the clients or customers of other
entities. A public accommodation, therefore, is not liable under
this provision for discrimination that may be practiced by those
with whom it has a contractual relationship, when that discrimination
is not directed against its own clients or customers. For example,
if an amusement park contracts with a food service company to
operate its restaurants at the park, the amusement park is not
responsible for other operations of the food service company that
do not involve clients or customers of the amusement park. Section
36.202(d) makes this clear by providing that the term ``individual
or class of individuals'' refers to the clients or customers of
the public accommodation that enters into the contractual, licensing,
or other arrangement.
Section 36.203 Integrated Settings
Section 36.203 addresses the integration of
persons with disabilities. The ADA recognizes that the provision
of goods and services in an integrated manner is a fundamental
tenet of nondiscrimination on the basis of disability. Providing
segregated accommodations and services relegates persons with
disabilities to the status of second-class citizens. For example,
it would be a violation of this provision to require persons with
mental disabilities to eat in the back room of a restaurant or
to refuse to allow a person with a disability the full use of
a health spa because of stereotypes about the person's ability
to participate. Section 36.203(a) states that a public accommodation
shall afford goods, services, facilities, privileges, advantages,
and accommodations to an individual with a disability in the most
integrated setting appropriate to the needs of the individual.
Section 36.203(b) specifies that, notwithstanding the existence
of separate or different programs or activities provided in accordance
with this section, an individual with a disability shall not be
denied the opportunity to participate in such programs or activities
that are not separate or different. Section 306.203(c), which
is derived from section 501(d) of the Americans with Disabilities
Act, states that nothing in this part shall be construed to require
an individual with a disability to accept an accommodation, aid,
service, opportunity, or benefit that he or she chooses not to
accept.
Taken together, these provisions are intended
to prohibit exclusion and segregation of individuals with disabilities
and the denial of equal opportunities enjoyed by others, based
on, among other things, presumptions, patronizing attitudes, fears,
and stereotypes about individuals with disabilities. Consistent
with these standards, public accommodations are required to make
decisions based on facts applicable to individuals and not on
the basis of presumptions as to what a class of individuals with
disabilities can or cannot do.
Sections 36.203 (b) and (c) make clear that
individuals with disabilities cannot be denied the opportunity
to participate in programs that are not separate or different.
This is an important and overarching principle of the Americans
with Disabilities Act. Separate, special, or different programs
that are designed to provide a benefit to persons with disabilities
cannot be used to restrict the participation of persons with disabilities
in general, integrated activities.
For example, a person who is blind may wish
to decline participating in a special museum tour that allows
persons to touch sculptures in an exhibit and instead tour the
exhibit at his or her own pace with the museum's recorded tour.
It is not the intent of this section to require the person who
is blind to avail himself or herself of the special tour. Modified
participation for persons with disabilities must be a choice,
not a requirement.
Further, it would not be a violation of this
section for an establishment to offer recreational programs specially
designed for children with mobility impairments in those limited
circumstances. However, it would be a violation of this section
if the entity then excluded these children from other recreational
services made available to nondisabled children, or required children
with disabilities to attend only designated programs.
Many commenters asked that the Department
clarify a public accommodation's obligations within the integrated
program when it offers a separate program, but an individual with
a disability chooses not to participate in the separate program.
It is impossible to make a blanket statement as to what level
of auxiliary aids or modifications are required in the integrated
program. Rather, each situation must be assessed individually.
Assuming the integrated program would be appropriate for a particular
individual, the extent to which that individual must be provided
with modifications will depend not only on what the individual
needs but also on the limitations set forth in subpart C. For
example, it may constitute an undue burden for a particular public
accommodation, which provides a full-time interpreter in its special
guided tour for individuals with hearing impairments, to hire
an additional interpreter for those individuals who choose to
attend the integrated program. The Department cannot identify
categorically the level of assistance or aid required in the integrated
program.
The preamble to the proposed rule contained
a statement that some interpreted as encouraging the continuation
of separate schools, sheltered workshops, special recreational
programs, and other similar programs. It is important to emphasize
that Sec.36.202(c) only calls for separate programs when such
programs are ``necessary'' to provide as effective an opportunity
to individuals with disabilities as to other individuals. Likewise,
Sec.36.203(a) only permits separate programs when a more integrated
setting would not be ``appropriate.'' Separate programs are permitted,
then, in only limited circumstances. The sentence at issue has
been deleted from the preamble because it was too broadly stated
and had been erroneously interpreted as Departmental encouragement
of separate programs without qualification.
The proposed rule's reference in Sec.36.203(b)
to separate programs or activities provided in accordance with
``this section'' has been changed to ``this subpart'' in recognition
of the fact that separate programs or activities may, in some
limited circumstances, be permitted not only by Sec.36.203(a)
but also by Sec.36.202(c).
In addition, some commenters suggested that
the individual with the disability is the only one who can decide
whether a setting is ``appropriate'' and what the ``needs'' are.
Others suggested that only the public accommodation can make these
determinations. The regulation does not give exclusive responsibility
to either party. Rather, the determinations are to be made based
on an objective view, presumably one which would take into account
views of both parties.
Some commenters expressed concern that Sec.36.203(c),
which states that nothing in the rule requires an individual with
a disability to accept special accommodations and services provided
under the ADA, could be interpreted to allow guardians of infants
or older people with disabilities to refuse medical treatment
for their wards. Section 36.203(c) has been revised to make it
clear that paragraph (c) is inapplicable to the concern of the
commenters. A new paragraph (c)(2) has been added stating that
nothing in the regulation authorizes the representative or guardian
of an individual with a disability to decline food, water, medical
treatment, or medical services for that individual. New paragraph
(c) clarifies that neither the ADA nor the regulation alters current
Federal law ensuring the rights of incompetent individuals with
disabilities to receive food, water, and medical treatment. See,
e.g., Child Abuse Amendments of 1984 (42 U.S.C. 5106a(b)(10),
5106g(10)); Rehabilitation Act of 1973, as amended (29 U.S.C 794);
Developmentally Disabled Assistance and Bill of Rights Act (42
U.S.C. 6042).
Sections 36.203(c) (1) and (2) are based on
section 501(d) of the ADA. Section Sec.501(d) was designed to
clarify that nothing in the ADA requires individuals with disabilities
to accept special accommodations and services for individuals
with disabilities that may segregate them:
The Committee added this section (501(d))
to clarify that nothing in the ADA is intended to permit discriminatory
treatment on the basis of disability, even when such treatment
is rendered under the guise of providing an accommodation, service,
aid or benefit to the individual with disability. For example,
a blind individual may choose not to avail himself or herself
of the right to go to the front of a line, even if a particular
public accommodation has chosen to offer such a modification of
a policy for blind individuals. Or, a blind individual may choose
to decline to participate in a special museum tour that allows
persons to touch sculptures in an exhibit and instead tour the
exhibits at his or her own pace with the museum's recorded tour.
(Judiciary report at 71 - 72.) The Act is
not to be construed to mean that an individual with disabilities
must accept special accommodations and services for individuals
with disabilities when that individual chooses to participate
in the regular services already offered. Because medical treatment,
including treatment for particular conditions, is not a special
accommodation or service for individuals with disabilities under
section 501(d), neither the Act nor this part provides affirmative
authority to suspend such treatment. Section 501(d) is intended
to clarify that the Act is not designed to foster discrimination
through mandatory acceptance of special services when other alternatives
are provided; this concern does not reach to the provision of
medical treatment for the disabling condition itself.
Section 36.213 makes clear that the limitations
contained in subpart C are to be read into subpart B. Thus, the
integration requirement is subject to the various defenses contained
in subpart C, such as safety, if eligibility criteria are at issue
(Sec.36.301(b)), or fundamental alteration and undue burden, if
the concern is provision of auxiliary aids (Sec.36.303(a)).
Section 36.204 Administrative Methods
Section 36.204 specifies that an individual
or entity shall not, directly, or through contractual or other
arrangements, utilize standards or criteria or methods of administration
that have the effect of discriminating on the basis of disability
or that perpetuate the discrimination of others who are subject
to common administrative control. The preamble discussion of Sec.36.301
addresses eligibility criteria in detail.
Section 36.204 is derived from section 302(b)(1)(D)
of the Americans with Disabilities Act, and it uses the same language
used in the employment section of the ADA (section 102(b)(3)).
Both sections incorporate a disparate impact standard to ensure
the effectiveness of the legislative mandate to end discrimination.
This standard is consistent with the interpretation of section
504 by the U.S. Supreme Court in Alexander v. Choate, 469 U.S.
287 (1985). The Court in Choate explained that members of Congress
made numerous statements during passage of section 504 regarding
eliminating architectural barriers, providing access to transportation,
and eliminating discriminatory effects of job qualification procedures.
The Court then noted: ``These statements would ring hollow if
the resulting legislation could not rectify the harms resulting
from action that discriminated by effect as well as by design.''
Id at 297 (footnote omitted).
Of course, Sec.36.204 is subject to the various
limitations contained in subpart C including, for example, necessity
(Sec.36.301(a)), safety (Sec.36.301(b)), fundamental alteration
(Sec.36.302(a)), readily achievable (Sec.36.304(a)), and undue
burden (Sec.36.303(a)).
Section 36.205 Association
Section 36.205 implements section 302(b)(1)(E)
of the Act, which provides that a public accommodation shall not
exclude or otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations, or other opportunities to an individual
or entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship
or association. This section is unchanged from the proposed rule.
The individuals covered under this section
include any individuals who are discriminated against because
of their known association with an individual with a disability.
For example, it would be a violation of this part for a day care
center to refuse admission to a child because his or her brother
has HIV disease.
This protection is not limited to those who
have a familial relationship with the individual who has a disability.
If a place of public accommodation refuses admission to a person
with cerebral palsy and his or her companions, the companions
have an independent right of action under the ADA and this section.
During the legislative process, the term ``entity''
was added to section 302(b)(1)(E) to clarify that the scope of
the provision is intended to encompass not only persons who have
a known association with a person with a disability, but also
entities that provide services to or are otherwise associated
with such individuals. This provision was intended to ensure that
entities such as health care providers, employees of social service
agencies, and others who provide professional services to persons
with disabilities are not subjected to discrimination because
of their professional association with persons with disabilities.
For example, it would be a violation of this section to terminate
the lease of a entity operating an independent living center for
persons with disabilities, or to seek to evict a health care provider
because that individual or entity provides services to persons
with mental impairments.
Section 36.206 Retaliation or Coercion
Section 36.206 implements section 503 of the
ADA, which prohibits retaliation against any individual who exercises
his or her rights under the Act. This section is unchanged from
the proposed rule. Paragraph (a) of Sec.36.206 provides that no
private entity or public entity shall discriminate against any
individual because that individual has exercised his or her right
to oppose any act or practice made unlawful by this part, or because
that individual made a charge, testified, assisted, or participated
in any manner in an investigation, proceeding, or hearing under
the Act or this part.
Paragraph (b) provides that no private entity
or public entity shall coerce, intimidate, threaten, or interfere
with any individual in the exercise of his or her rights under
this part or because that individual aided or encouraged any other
individual in the exercise or enjoyment of any right granted or
protected by the Act or this part.
Illustrations of practices prohibited by this section are contained in paragraph (c), which is modeled on a similar provision in the regulations issued by the Department of Housing and Urban Development to implement the Fair Housing Act (see 24 CFR 100.400(c)(l)). Prohibited actions may include:
(1) Coercing an individual to deny or limit the benefits, services, or advantages to which he or she is entitled under the Act or this part;
(2) Threatening, intimidating, or interfering with an individual who is seeking to obtain or use