federal register - Home - United States Access Board2000 Federal Register/Vol. 63, No. 8/Tuesday, January 13, 1998/Rules and Regulations 1 On September 6, 1991, the Access Board amended

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Part II

Architectural andTransportationBarriers ComplianceBoard36 CFR Part 1191Americans With Disabilities Act (ADA)Accessibility Guidelines for Buildings andFacilities; State and Local GovernmentFacilities; Final Rule

2000 Federal Register / Vol. 63, No. 8 / Tuesday, January 13, 1998 / Rules and Regulations

1 On September 6, 1991, the Access Boardamended ADAAG to include additionalrequirements specifically applicable totransportation facilities (section 10). See 56 FR45500, 36 CFR 1191.1. On that same date, theAccess Board also published separate finalguidelines to assist the Department ofTransportation in establishing accessibilitystandards for transportation vehicles. See 56 FR45530, 36 CFR part 1192. The Department ofTransportation has incorporated ADAAG and theAccess Board’s guidelines for transportationvehicles and facilities in its final regulations. See56 FR 45584 (September 6, 1991), 49 CFR parts 37and 38.

2 UFAS was developed by the General ServicesAdministration, Department of Defense, Departmentof Housing and Urban Development, and the UnitedStates Postal Service to implement the ArchitecturalBarriers Act of 1968 (42 U.S.C. 4151 et seq.) whichrequires certain federally financed buildings to be

ARCHITECTURAL ANDTRANSPORTATION BARRIERSCOMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 92–2]

RIN 3014–AA12

Americans With Disabilities Act (ADA)Accessibility Guidelines for Buildingsand Facilities; State and LocalGovernment Facilities

AGENCY: Architectural andTransportation Barriers ComplianceBoard.ACTION: Final rule.

SUMMARY: The Architectural andTransportation Barriers ComplianceBoard (Access Board) is issuing finalguidelines to provide additionalguidance to the Department of Justiceand the Department of Transportation inestablishing accessibility standards fornew construction and alterations ofState and local government facilitiescovered by title II of the Americans withDisabilities Act (ADA) of 1990. Theguidelines will ensure that newlyconstructed and altered State and localgovernment facilities are readilyaccessible to and usable by individualswith disabilities in terms ofarchitecture, design, andcommunication. The standardsestablished by the Department of Justiceand the Department of Transportationmust be consistent with the guidelines.

In addition to the provisions for Stateand local governments, the AccessBoard has also made some editorialchanges to the Americans withDisabilities Act AccessibilityGuidelines. These editorial changes arenot substantive.DATES: Effective date: April 13, 1998.FOR FURTHER INFORMATION CONTACT:David Yanchulis, Office of Technicaland Information Services, Architecturaland Transportation Barriers ComplianceBoard, 1331 F Street NW., suite 1000,Washington, DC 20004–1111; telephone(202) 272–5434, ext. 27 or (800) 872–2253 ext. 27 (voice), and (202) 272–5449(TTY) or (800) 993–2822 (TTY).

SUPPLEMENTARY INFORMATION:

Availability of Copies and ElectronicAccess

Single copies of this publication maybe obtained at no cost by calling theAccess Board’s automated publicationsorder line (202) 272–5434 or (800) 872–2253, by pressing 1 on the telephonekeypad, then 1 again and requesting theState and Local Government Facilities

Final Rule. Persons using a TTY shouldcall (202) 272–5449 or (800) 993–2822.Please record a name, address,telephone number and request thispublication. Persons who want a copyin an alternate format should specify thetype of format (audio cassette tape,Braille, large print, or computer disk).This rule is available on electronicbulletin Board at (202) 272–5448. Thisrule is also available on the Board’sInternet site (http://www.access-board.gov/rules/title2.htm).

Statutory BackgroundThe Americans with Disabilities Act

of 1990 (ADA) (42 U.S.C. 12101 et seq.)extends to individuals with disabilitiescomprehensive civil rights protectionssimilar to those provided to persons onthe basis of race, sex, national origin,and religion under the Civil Rights Actof 1964. Title II of the ADA, whichbecame effective on January 26, 1992,prohibits discrimination on the basis ofdisability in services, programs andactivities provided by State and localgovernment entities, and the NationalRailroad Passenger Corporation(Amtrak). Section 202 of the ADAextends the nondiscrimination policy ofsection 504 of the Rehabilitation Act of1973, as amended, (29 U.S.C. 794)which prohibits discrimination on thebasis of disability in federally assistedprograms and activities to all State andlocal governmental entities whether ornot such entities receive Federal funds.Most programs and activities of Stateand local governments are recipients offinancial assistance from one or moreFederal agencies and are alreadycovered by section 504 of theRehabilitation Act of 1973.

Title III of the ADA, which alsobecame effective on January 26, 1992,prohibits discrimination on the basis ofdisability by private entities who own,lease, lease to, or operate a place ofpublic accommodation. Title IIIestablishes accessibility requirementsfor new construction and alterations inplaces of public accommodation andcommercial facilities.

Section 504 of the ADA requires thatthe Access Board issue minimumguidelines to assist the Department ofJustice and the Department ofTransportation in establishingaccessibility standards under titles IIand III. Under sections 204(a) and306(b) of the ADA, the Department ofJustice is responsible for issuing finalregulations, consistent with theguidelines issued by the Access Board,to implement titles II and III (except fortransportation vehicles and facilities).Sections 229 and 306(a) of the ADAprovide that the Department of

Transportation is responsible for issuingregulations to implement thetransportation provisions of titles II andIII of the ADA. Those regulations mustalso be consistent with the AccessBoard’s guidelines.

Rulemaking HistoryOn July 26, 1991, the Access Board

published the Americans withDisabilities Act Accessibility Guidelines(ADAAG) to assist the Department ofJustice in establishing accessibilitystandards for new construction andalterations in places of publicaccommodation and commercialfacilities. See 56 FR 35408, as correctedat 56 FR 38174 (August 12, 1991) and57 FR 1393 (January 14, 1992), 36 CFRpart 1191. ADAAG contains scopingprovisions and technical specificationsgenerally applicable to buildings andfacilities (sections 1 through 4) andadditional requirements specificallyapplicable to certain types of buildingsand facilities covered by title III of theADA: restaurants and cafeterias (section5); medical care facilities (section 6);mercantile and business facilities(section 7); libraries (section 8); andtransient lodging (section 9).1

On July 26, 1991, the Department ofJustice published its final regulationsimplementing title III of the ADA whichincorporated ADAAG as theaccessibility standards for newlyconstructed and altered places of publicaccommodation and commercialfacilities covered by title III. See 56 FR35544, 28 CFR part 36. On that samedate, the Department of Justicepublished its final regulationsimplementing title II of the ADA. See 56FR 35694, 28 CFR part 35. TheDepartment of Justice’s title IIregulations give State and localgovernments the option of choosingbetween designing, constructing oraltering their facilities in conformancewith the Uniform Federal AccessibilityStandards (UFAS) 2 (Appendix A to 41

2001Federal Register / Vol. 63, No. 8 / Tuesday, January 13, 1998 / Rules and Regulations

accessible. Most Federal agencies reference UFASas the accessibility standard for buildings andfacilities constructed or altered by recipients ofFederal financial assistance for purposes of section504 of the Rehabilitation Act of 1973, as amended.

3 In new construction and alterations, title III ofthe ADA does not require elevators if a facility isless than three stories or has less than 3,000 squarefeet per story, unless the facility is a shoppingcenter or mall; a professional office of a health careprovider; or a terminal, depot or other station usedfor specified public transportation or an airportpassenger terminal. See 28 CFR 36.401(d) and36.404.

CFR part 101–19, subpart 101–19.6) orwith ADAAG (Appendix A to 28 CFRpart 36), except that if ADAAG ischosen, the elevator exemptioncontained in title III of the ADA doesnot apply.3 See 28 CFR 35.151.

When the Department of Justicepublished its title II regulations, it notedthat the Access Board would besupplementing ADAAG in the future toinclude additional guidelines for Stateand local government facilities. TheDepartment of Justice further stated thatit anticipated that it would amend itstitle II regulations to adopt ADAAG asthe accessibility standards for State andlocal government facilities after theAccess Board supplemented ADAAG.56 FR 35694, 35711 (July 26, 1991).Adopting essentially the sameaccessibility standards for titles II andIII of the ADA will help ensureconsistency and uniformity of design inthe public and private sectorsthroughout the country.

Proposed Guidelines

On December 21, 1992, the AccessBoard published a notice of proposedrulemaking (NPRM) in the FederalRegister which proposed to add fourspecial application sections to ADAAGspecifically applicable to certain typesof buildings and facilities covered bytitle II of the ADA. Those specialapplication sections include:11. Judicial, Legislative, and Regulatory

Facilities.12. Detention and Correctional Facilities.13. Accessible Residential Housing.14. Public Rights-of-Way.

The NPRM also proposedrequirements and asked questionsregarding the addition of miscellaneousprovisions specifically applicable toState and local government facilities,including swimming pools, texttelephones (TTYs), automatic doors,airport security systems, entrances,elevator exemptions, building signage,assistive listening systems, and salesand service counters. 57 FR 60612(December 21, 1992).

Following the publication of theNPRM, the Access Board held fivepublic hearings in various locations

between February 22, 1993 and March15, 1993. A total of 148 peoplepresented testimony on the proposedguidelines at the hearings. In addition,447 written comments were submittedto the Access Board by the end of thecomment period on March 22, 1993.Another 127 comments were receivedafter March 22, 1993. Although thosecomments were not timely, the AccessBoard considered them to the extentpracticable. In all, the Access Boardreceived nearly 7,000 pages ofcomments and testimony on theproposed guidelines.

Interim Rule

On June 20, 1994, the Access Boardpublished an interim rule (hereinafterreferred to as the interim rule) in theFederal Register which added sections11 through 14 and miscellaneousprovisions to ADAAG. 59 FR 31676(June 20, 1994) as corrected at 59 FR32751 (June 24, 1994). Many of thecomments received by the Access Boardin response to the December 21, 1992NPRM and the public hearings, as wellas modifications made to the NPRMbased on the comments, were discussedin the June 20, 1994 interim rule.

On that same date, the Department ofJustice and the Department ofTransportation published notices ofproposed rulemakings to adopt asstandards sections 11 through 14 andthe miscellaneous provisions of theAccess Board’s interim rule. See 59 FR31808; June 20, 1994, Department ofJustice; 59 FR 31818; June 20, 1994,Department of Transportation. Both theAccess Board’s interim rule and thenotices of proposed rulemakingpublished by the Departments of Justiceand Transportation sought comment onsections 11 through 14 and themiscellaneous provisions, as publishedin the Federal Register on June 20,1994.

Final Rule

As discussed above, the AccessBoard’s guidelines provide guidance tothe departments of Justice andTransportation in establishingaccessibility standards for newconstruction and alterations of State andlocal government facilities covered bytitle II of the ADA. The standardsultimately established by thosedepartments must be consistent withand may incorporate the guidelines. It isimportant to note that until such time asthe Department of Justice or theDepartment of Transportation adoptthese guidelines as standards, theguidelines are advisory only and are notto be construed as requirements.

In finalizing the guidelines, theAccess Board has considered allcomments previously received inresponse to the Access Board’s NPRMfor State and local government facilitiespublished on December 21, 1992, aswell as comments received in responseto the Access Board’s interim rule andthe Departments of Justice andTransportation’s notices of proposedrulemaking.

The Access Board and thedepartments received comments andtestimony from a broad range ofinterested individuals and groups,including individuals who identifiedthemselves as having a disability;organizations representing persons withdisabilities; State or local codeadministrators; State, local and Federalgovernment agencies; manufacturers;design professionals; and nationalprofessional and trade associations. Inall, the Access Board and theDepartments of Justice andTransportation received 246 commentstotaling over 1,200 pages on the interimrule.

The comments and testimony weresorted by section and analyzed. A largenumber of commenters expressedsupport for the guidelines. Somecomments requested changes and othersrequested clarifications. Due to the largenumber of comments received, it is notpossible for the Access Board to respondto each comment in this preamble.Many of the comments received inresponse to the initial NPRM werediscussed in the interim rule. A copy ofthat interim rule is available uponrequest. (See: FOR INFORMATION CONTACT,above.) The Access Board has madeevery effort to respond to significantcomments in the general issues andsection-by-section analysis. Asdiscussed under general issues and inADAAG 13 (Accessible ResidentialHousing) and 14 (Public Rights-of-Way),the Access Board has reserved action insome areas pending further analysis.

Editorial AmendmentsUnder section 502 of the

Rehabilitation Act of 1973 (29 U.S.C.792), the Access Board is responsible forestablishing guidelines for accessibilitystandards issued by other Federalagencies pursuant to the ArchitecturalBarriers Act of 1968 (42 U.S.C. 4151 etseq.). To further the goal of uniformstandards, the Access Board intends touse ADAAG as the basis for accessibilityguidelines for federally financedfacilities covered by the ArchitecturalBarriers Act of 1968 since the Federalgovernment owns or operates many ofthe same types of facilities as State andlocal governments which are addressed


in this final rule. In the near future, theAccess Board anticipates revising itscurrent guidelines for federally financedfacilities to be more consistent withADAAG. As a result, the Access Boardhas made a number of editorialrevisions to accommodate the use ofADAAG as the basis for revising theguidelines covering Federal facilities.

The editorial changes made tofacilitate the application of theprovisions of ADAAG to Federalfacilities in future rulemaking and anyother clarifying editorial changes areaddressed in the section-by-sectionanalysis that follows. None of theeditorial changes made in this final ruleare substantive and therefore do notrequire the issuance of an additionalproposed rule.

General Issues

Unisex Toilet and Bathing Facilities

The Access Board received a numberof comments concerning the need forunisex toilet and bathing facilities toaccommodate people with personalattendants of the opposite sex. In theinterim rule, the Access Board notedthat it would examine appropriatemeans of addressing this issue. In May1994, the Access Board held aninformational workshop to discuss theissue of scoping requirements for unisextoilet and bathing facilities.Subsequently, at the Access Board’srequest, the Board for the Coordinationof Model Codes (BCMC) developedscoping provisions for unisex toilet andbathing facilities. BCMC recommendedsingle-user toilet and bathing facilitiesin assembly and mercantile occupancieswhere an aggregate of six or morefixtures (e.g., toilets for either men orwomen) are provided. Assemblyoccupancies include, but are not limitedto, theaters, museums, nightclubs,stadiums, amusement parks, restaurants,health clubs and transportationfacilities. Mercantile occupanciesinclude public accommodations fordisplay and sales purposes, such asstores and shopping malls. The BCMCreport has been incorporated, withminor modification, into the UniformBuilding Code (UBC), the StandardBuilding Code (SBC) and the NationalBuilding Code (BOCA). The AccessBoard will continue to participate in theadvancement of the recommendations ofthe BCMC report. The Access Boardanticipates that the provisionsconcerning unisex toilet and bathingfacilities will be included in theInternational Building Code as it isdeveloped for publication in the year2000.

Swimming Pools

The interim rule contained arequirement that at least one means ofaccess be provided into swimming poolscovered by title II if the pool wasintended for recreational purposes andnot intended solely for diving orwading. Technical specifications forpool access were not provided. Thisrequirement has been removed in thefinal rule.

Comment. While many commenterssupported a requirement for pool access,concern was also expressed over theabsence of any technical guidance onmeeting the requirement. Commentersnoted that the ADAAG specifications forramps in 4.8.5 require handrails which,if applied to swimming pool access,may pose a hazard below the water levelto swimmers and that devices, such assling-type lifts, were not independentlyoperable. Commenters varied greatly onwhat means of access into swimmingpools should be required. Thesuitability of the available designsolutions depended on the needs andpreferences of individual users. It wasrecommended that any requirement forpool access include technicalspecifications to prevent confusion andfor safety reasons. Commenters alsoconsidered pool access equallyimportant for facilities covered by titleIII of the ADA.

Response. The Access Boardestablished a Recreation AccessAdvisory Committee to providerecommendations for the developmentof accessibility guidelines for swimmingpools, other recreational facilities, andoutdoor developed areas. This advisorycommittee identified importantconsiderations in providing access intoswimming pools that merit furtherstudy. As a result, the Access Boardsponsored research on these issues toobtain information necessary for thedevelopment of possible futuretechnical specifications. Therequirement for access into pools hasbeen removed. The Access Board willconsider the results of the study, as wellas the advisory committee’srecommendations, when it conducts aseparate rulemaking in the future toaddress recreational facilities. Thesefuture guidelines will apply to entitiescovered by both titles II and III of theADA.

Other Issues

Several comments addressed otherissues raised in the NPRM anddiscussed in the interim rule, such asassembly areas, and voting booths.Many of these comments supportedrulemaking in these areas. While the

Access Board may address these issuesin future rulemaking, it is not preparedto do so as part of this final rule.

Section-by-Section Analysis

This section of the preamble containsa summary of the significant commentsreceived on the interim rule, and thedepartments of Justice andTransportation’s NPRMs, the AccessBoard’s response to those comments,and any changes made to the guidelines.

1. Purpose

In section 1 (Purpose) and throughoutADAAG, the reference to sections 4.1through 4.35 has been deleted andreplaced with a general reference tosection 4. Additionally, the reference to‘‘guidelines’’ has been replaced with‘‘scoping and technical requirements’’.These are editorial amendments and arenot substantive changes. No otherchanges have been made to this section.

3. Miscellaneous Instructions andDefinitions

3.5 Definitions

Alteration. The definition for‘‘alteration’’ in the interim rule includedreferences to pedestrian facilities in thepublic right-of-way. This language hasbeen removed. For further discussion,see ADAAG 14 below.

The interim rule also added a specificreference to ‘‘resurfacing’’ in thedefinition for ‘‘alterations’’. Theaddition of the term ‘‘resurfacing’’ wasnot intended as a new interpretation ofwhat constitutes an alteration, but ratherto reinforce the original intent that theresurfacing of streets, sidewalks, parkinglots, and other outdoor surfaces isconsidered an alteration. The term‘‘resurfacing’’ has been retained in thefinal rule, however, the application ofthe term has been clarified.

Comment. A few commenters wereconcerned that the inclusion of the term‘‘resurfacing’’ would broaden the scopeof compliance to minor street repair.

Response. The term ‘‘resurfacing’’does not include minor repair work toparking lots and paved surfaces, such asrepainting existing striping or repair ofpotholes. By definition, ‘‘alteration’’excludes normal maintenance that doesnot affect the usability of a facility.Repairing potholes would be anexample of normal maintenance. Otherrelatively minor tasks, such as restripingof a parking lot, may constitutealterations because they affect theusability of the facility by creating anopportunity to increase accessibility.However, the obligation triggered bysuch an alteration is limited by thescope of the planned alteration. In the


case of restriping, the obligation wouldbe to make the altered element itself(e.g., the striping) conform to theprovisions of these guidelines.

Assembly Area. ADAAG providesrequirements for wheelchair seating andassistive listening systems in certain‘‘assembly areas.’’ See ADAAG4.1.3(19). These requirements areintended to apply to judicial, legislative,and regulatory facilities which areaddressed in section 11. ‘‘AssemblyArea’’ is defined, in part, as ‘‘a room orspace accommodating a group ofindividuals for recreation, educational,political, social or amusementpurposes.’’ For clarity, a reference to‘‘civic’’ purposes has been added.

Continuous Passage. The definitionfor ‘‘continuous passage’’ in the interimrule referenced ADAAG 14 (PublicRights-of-Way). This definition has beenremoved. For further discussion, seeADAAG 14 below.

Curb Ramp. The definition for ‘‘curbramp’’ in the interim rule included areference to ADAAG 14 (Public Rights-of-Way). This language has beenremoved. For further discussion, seeADAAG 14 below.

Dwelling Unit. The definition for‘‘dwelling unit’’ in the interim ruleincluded a reference to ADAAG 13(Accessible Residential Housing). Thislanguage has been removed. For furtherdiscussion, see ADAAG 13 below.

Private Facility and Public Facility.The final rule includes definitions for‘‘private facility’’ and for ‘‘publicfacility.’’ ‘‘Private facility’’ is defined asa public accommodation or acommercial facility subject to title III ofthe ADA and the Department of Justiceimplementing regulation (28 CFR part36) or a transportation facility subject totitle III of the ADA and the Departmentof Transportation’s ADA regulationcovering facilities constructed or alteredby private entities (49 CFR 37.45).‘‘Public facility’’ is defined as thosefacilities or portions thereof that areconstructed by, on behalf of, or for theuse of a public entity subject to title IIof the ADA and the Department ofJustice implementing regulation (28 CFRpart 35) or a transportation facilitysubject to title II of the ADA and theDepartment of Transportation’sregulations implementing the ADA as itapplies to facilities constructed oraltered by public entities (49 CFR 37.41and 49 CFR 37.43). These terms areincluded in the final rule to distinguishcertain requirements in the rule thatapply only to facilities subject to title IIor to facilities subject to title III, but notboth. The terms replace references to‘‘places of public accommodation andcommercial facilities’’ and to references

in the interim final rule to ‘‘facilitiessubject to title II of the ADA.’’

Public Rights-of-Way. The definitionfor ‘‘public rights-of-way’’ in the interimrule referenced ADAAG 14 (PublicRights-of-Way). This definition has beenremoved. For further discussion, seeADAAG 14 below.

Public Sidewalk. The definition for‘‘public sidewalk’’ in the interim rulereferenced ADAAG 14 (Public Rights-of-Way). This definition has been removed.For further discussion, see ADAAG 14below.

Public Sidewalk Curb Ramp. Thedefinition for ‘‘public sidewalk curbramp’’ in the interim rule referencedADAAG 14 (Public Rights-of-Way). Thisdefinition has been removed. For furtherdiscussion, see ADAAG 14 below.

Site Infeasibility. The definition for‘‘site infeasibility’’ in the interim rulereferenced ADAAG 14 (Public Rights-of-Way). This definition has been removed.For further discussion, see ADAAG 14below.

TTY, TDD, and Text Telephone. Theinterim rule included editorial revisionsconcerning the use of the terms ‘‘texttelephone’’ and ‘‘TTY’’. Both terms aresynonymous and refer to devices thatmake telephones accessible to peoplewho are deaf or hard of hearing or whohave speech impairments via typedmessages through the standardtelephone network. The interim rulereplaced the term ‘‘text telephone’’ with‘‘TTY’’ in this section and throughoutADAAG. The final rule amends ADAAG3.5 (Definitions), 4.1.3(17), 4.30.7, and4.31.9 to include a reference to both‘‘text telephone’’ and ‘‘TTY’’ for clarity.In addition, ‘‘TDD,’’ anothersynonymous term which is used on theinternational symbol for these devicesand in other regulations, has been addedto ADAAG 3.5 (Definitions).

Comment. Organizations representingpeople who are deaf or hard of hearingpreferred the original use of the termtext telephone as it is more descriptivethan abbreviated terms such as TTY.Other commenters recommended thatboth text telephone and TTY be used inADAAG as the abbreviation TTY ismore commonly used.

Response. The definition of TTY inthe interim rule has been amended toreference the definition of texttelephone. A reference to TTYs has beenadded to the definition of texttelephone. ADAAG has been modifiedto include both text telephone and TTYwhen referencing devices that maketelephones accessible to people who aredeaf or hard of hearing or who havespeech impairments.

Technically Infeasible. This term anda reference to its definition in

alterations (4.1.6(1)(j)) was added in theinterim rule for clarification. Nosubstantive comments were receivedand no changes have been made to thisdefinition.

Transient Lodging. The interim rulemodified the definition of ‘‘transientlodging’’ to clarify that a transientlodging facility is not considered aresidential facility. An appendix notewas added referencing the Departmentof Justice’s policy and rules regardingtransient lodging. No substantivecomments were received regarding thisdefinition or the appendix note and nochanges have been made to thisprovision or the appendix note.

4. Accessible Elements and Spaces:Scope and Technical Requirements

4.1 Minimum Requirement

4.1.1 Application. 4.1.1(1) General.4.1.1(2) Application Based on BuildingUse. ADAAG 4.1.1(1) (General) and4.1.1(2) (Application Based on BuildingUse) were editorially revised in theinterim rule for clarity. Few commentswere received regarding these sectionsand no substantive changes have beenmade in the final rule.

4.1.1(5) General Exceptions. Asrevised in the interim rule, ADAAG4.1.1(5)(b) exempts from therequirements for accessibility, prisonguard towers, fire towers, fixed lifeguard towers, and other areas raised forpurposes of security or life or fire safety;non-occupiable spaces accessed only bytunnels and frequented only bypersonnel for maintenance or occasionalmonitoring of equipment; and singleoccupant structures accessed only bypassageways above or below grade. Areference to ‘‘lookout galleries’’ has beenadded to the final rule for clarification.No substantive changes have been madeto this provision in the final rule.

Comment. One disability groupopposed the exceptions for fire towersand prison guard towers. Both theEastern Paralyzed Veterans Association(EPVA) and the Paralyzed Veterans ofAmerica opposed exceptions for tollbooths. These commenters pointed tothe employment opportunities availableto persons with disabilities at suchfacilities. In addition, EPVA providedinformation regarding a newly builtfacility where elevator access has beenprovided to toll booths accessed fromtunnels below. One commenterexpressed support for the exception fornon-occupiable spaces.

Response. Originally, ADAAG4.1.1(5)(b) provided that accessibilitywas not required to ‘‘(i) observationgalleries which were used primarily forsecurity purposes; or (ii) non-occupiable


spaces which were accessed only byladders, catwalks, crawl spaces, verynarrow passageways, or freight (non-passenger) elevators, and frequentedonly by service personnel for repairpurposes’’ (e.g., elevator pits, elevatorpenthouses, piping or equipmentcatwalks). The interim rule amended thelanguage of 4.1.1(5)(b)(i) by providingthat accessibility was not required to‘‘raised areas used primarily forpurposes of security or life or firesafety’’ (e.g., observation galleries,prison guard towers, fire towers or fixedlife guard stands). Section 4.1.1(5)(b)(ii),as amended in this final rule, includesa reference to areas ‘‘frequented only byservice personnel for maintenance,repairs, or occasional monitoring ofequipment’’ in lieu of areas ‘‘frequentedonly by service personnel for repairpurposes’’. The interim rule providedseveral examples of such areas,including water or sewage treatmentpump rooms and stations, electricsubstations and transformer vaults, andhighway and tunnel utility facilities.The final amendment to this provisionincludes the addition of a thirdparagraph referencing single occupantstructures accessed only by passagewaysbelow grade or elevated above grade,including, but not limited to, toll boothsthat are required to be accessed fromunderground tunnels. This provisionwas not intended to exempt structuresaccessed by passageways merelyelevated by a curb and has beenclarified in the final rule as applying tosingle occupant structures that areaccessed by passageways elevated abovestandard curb height.

The additions made to 4.1.1(5)(b) inthe interim rule were not intended tobroaden the basis of exempt areas, butto address structures specific to thepublic sector that are similar to thoseareas which were exempt under theearlier version of this provision becauseof design constraints. The examplesspecifically referenced in the interimrule as exempt areas, such as prisonguard, fire, and fixed life guard towersare subject to design constraints whichare similar to, if not greater than, thoserelevant to observation galleries raisedfor security purposes. Since thesefacilities are typically for limited useand not open to the public, the AccessBoard sought to provide accessibilityrequirements for State and localgovernment facilities consistent withthe level of access required for theprivate sector.

With respect to toll booths, elevator orlift access may provide access to boothsaccessed from tunnels below orpassageways above. However, providingelevators or lifts in full compliance with

ADAAG will significantly impact thedesign and cost of such structures. Theexception applies only to toll boothsaccessed from below or above grade, notto those that can be accessed at grade.

Comment. A correctional entityrecommended that prison boot camps,national guard facilities, and firingranges be exempt since such facilitiesare typically not intended to servepersons with disabilities.

Response. As discussed in the interimrule, the Access Board has not providedany exceptions based on the presumedphysical abilities of the occupants of thefacilities. Instead, exceptions in4.1.1(5)(b) are based primarily on thestructural and cost impacts of access tocertain limited use structures.

Comment. One commenterrecommended an exemption forelevated control rooms such as thosefound in correctional facilities.

Response. Such facilities, dependingon their design and use, may be exemptunder the exception for ‘‘raised areasused primarily for purposes ofsecurity.’’

4.1.3(5) Elevators. The interim ruleadded several exceptions to therequirement for elevator access for Stateand local government facilities.

Exception 1(a) of ADAAG 4.1.3(5)contains an exception based on thenumber of stories or square footage perfloor specific to private facilities, whichare defined in 3.5 as those facilitiessubject to title III of the ADA.

Exception 1(b) of ADAAG 4.1.3(5)provides that elevators are not requiredin drawbridge towers and boat traffictowers, lock and dam control stations,train dispatching towers and similarstructures subject to title II of the ADAas a public facility that are less thanthree stories and not open to the public,where the story above or below theaccessible ground floor houses no morethan five persons and is less than 500square feet. This provision has beeneditorially revised for clarity.

Comment. One commenter opposedthis exception because it may denypersons with disabilities certain jobopportunities. Another commenterrecommended that the language of theexception, including the reference to‘‘similar structures,’’ be more specific.

Response. Exception 1(b) is based onthe design and cost impact of providingelevator access in small limited usestructures and applies only to thosefacilities that are less than three stories,are not open to the public, and wherethe story above or below the accessibleground floor has a maximum occupancyof five and is less than 500 square feet.Each of these conditions must be met forthe exemption to apply. Specific

facilities such as drawbridge and boattraffic towers, lock and dam controlstations, and train dispatching towersare referenced to illustrate the type ofstructures the exception may cover.

Exception 4 (Platform Lifts). Theinterim rule also recognized additionalsituations in which a platform lift canbe used to provide vertical access.Exception 4(e) to ADAAG 4.1.3 permitslift access to judges’ benches, clerks’stations, raised speakers’ platforms, juryboxes and witness stands. It is possiblethat some designs may include areasthat are lower than the floor of acourtroom, such as the well of the court,instead of raised spaces such as juryboxes. For clarity and consistency, areference has been added to ‘‘depressedareas’’ in addition to the raised spacesoriginally listed. Exception 4(f) whichapplied specifically to dwelling unitshas been deleted in the final rule. Forfurther discussion regarding theapplication of accessibility requirementsfor dwelling units, see ADAAG 13(Accessible Residential Housing) below.

Exception 5 (Air Traffic ControlTowers). Exception 5 exempts air trafficcontrol towers from the requirementthat an elevator serve each level of afacility. Under this exception, elevatoraccess is not required to the cab or tothe floor immediately below the cabsince an elevator serving such levelswould obstruct the 360-degree clearview necessary in an air traffic controltower. No changes have been made tothis provision in the final rule.

Comment. A few comments opposedthe exception for air traffic controltowers since possible design alternativescurrently under review, (e.g., the use ofglass observation elevators), mayprovide feasible solutions to theproblem of providing an unobstructed360-degree clear view.

Response. As discussed in the interimrule, the exception for air traffic controltowers is based on the impact ofproviding vertical access to the cablevel. While solutions for this accessmay exist, their impact on design issignificant according to informationfrom the Federal AviationAdministration. It is for these reasonsthat an exception for vertical access tothe cab and the level immediately belowthe cab has been provided.

4.1.3(8) Entrances. ADAAG 4.1.3(8)(a)requires that, at a minimum, 50 percentof all public entrances be accessible. Italso requires accessible entrances to beprovided in a number at least equivalentto the number of exits required by theapplicable building or fire code.However, this is required only to theextent that the number of entrancesplanned for a facility is equal to or


greater than the number of exitsrequired; if the number of exits exceedsthe number of planned entrances, allplanned entrances are required to beaccessible. Additional entrances are notrequired. Paragraph (a) also states that,‘‘where feasible, accessible entrancesshall be those used by the majority ofthe people visiting or working in thebuilding.’’ The interim rule added anadditional requirement that facilitiessubject to title II of the ADA mustinclude all ‘‘principal public entrances’’when meeting this requirement. Theseentrances were defined as thoseentrances designed and constructed toaccommodate a substantial flow ofpedestrian traffic to a major function ina facility subject to title II. Appendixmaterial provided examples to clarifythe application of this requirement. Thisrequirement, definition, and appendixnote for principal public entrances hasbeen removed in the final rule. SinceADAAG requires access to entrancesused by the majority of visitors oremployees where feasible, the Boardconsidered the requirement forprincipal public entrances in theinterim final rule as a possible source ofconfusion. Further, the Board isconcerned that designers might havedifficulty determining which entrancesconstituted a ‘‘principal publicentrance.’’ In addition, editorialrevisions have been made to this sectionfor clarity and consistency.

ADAAG 12 (Detention andCorrectional Facilities) requires thatpublic entrances, including entrancesthat are secured, shall be accessible asrequired by 4.1.3(8). This requirementdoes not increase the number ofentrances required to be accessible by4.1.3(8) and provides an exception fromcertain ADAAG specifications for doorsand doorways. This exception applies todoors or doorways operated only bysecurity personnel or where securityrequirements prohibit full compliancewith the guidelines. See ADAAG 12.2.1.A cross reference to this section hasbeen added to 4.1.3(8)(a) in the finalrule.

ADAAG 4.1.3(8)(b) requires that,where provided, one direct entrance toan enclosed parking garage and oneentrance to a pedestrian tunnel orelevated walkway must be accessible inaddition to those entrances required tobe accessible by 4.1.3(8)(a). ADAAG 11contains additional requirements foraccess to restricted and securedentrances in judicial, legislative, andregulatory facilities. A cross reference tothese requirements has been added to4.1.3(8)(b) in the final rule.

4.1.3(17)(c) Text Telephones (TTYs).ADAAG 4.1.3(17)(c)(i) provides that if

an interior public pay telephone isprovided in a public use area of abuilding that is part of a public facility,then at least one interior public texttelephone (TTY) shall be provided inthe building in a public use area. Thisrequirement, which was located at4.1.3(17)(c)(iv) in the interim rule, hasbeen revised to cover ‘‘buildings’’instead of ‘‘facilities’’ for clarity. Theexisting requirement for a public texttelephone where four or more publicpay telephones are provided on a siteand at least one is in an interior locationhas been clarified as applying to privatefacilities subject to title III of the ADA.

ADAAG 4.1.3(17)(c)(ii) requires thatin public facilities that are stadiums,arenas and convention centers, at leastone public text telephone (TTY) shall beprovided on each floor level having apublic pay telephone. ADAAG4.1.3(17)(c)(iv) requires that if aninterior public pay telephone isprovided in a secured area of adetention or correctional facility, then atleast one public text telephone (TTY)shall be provided in at least one securedarea. ADAAG 4.1.3(17)(d) provides that,where a bank of telephones in theinterior of a building consists of three ormore public pay telephones, at least onepublic pay telephone in each such bankshall be equipped with a shelf andoutlet in compliance with ADAAG4.31.9(2). This provision contains anexception for the secured areas ofdetention or correctional facilitieswhere outlets are prohibited forpurposes of security or safety. Nosubstantive changes have been made tothese sections.

Comment. Several commenterssupported this provision. Othercommenters supported an increase inthe number of text telephones (TTYs)required and offered variousrecommendations. The American PublicCommunications Council, a tradeassociation comprised of suppliers ofpublic pay telephones and otherservices, was concerned that therequirement could have the unintendedresult of decreasing the number ofpublic pay telephones available to allmembers of the public. They stated thatthe business of providing public paytelephones operates on a very thinmargin and the increased investmentcost of an additional $1000 or more maymean that neither independent publicpay telephone providers nor localexchange carriers will be able or willingto provide a public pay telephone in alow-traffic facility. The commentersubmitted documentation detailing afew instances where telephonecompanies have removed public pay

telephones because the pay telephoneswere deemed not to be profitable.

Response. It is the covered entity thathas the responsibility to ensure that thepublic pay telephone service isaccessible to persons with disabilitiesand to select from the various optionsavailable on how to provide that service.In developing the interim rule, theAccess Board considered the optionscurrently available. The cost for texttelephones (TTYs) generally ranges from$230 to $300 for portable devices and$700 to $1200 for those permanentlyinstalled. In addition, text telephones(TTYs) may be leased for approximately$30 a month under programs thatinclude long-term maintenance andtechnology upgrade services. ADAAG4.31.9(3) includes a provision forequivalent facilitation which permitsthe use of portable devices, in lieu ofpermanently installed public texttelephones (TTYs), if the portabledevice is equally available during thesame hours as the public pay telephone.This provision ensures equal access,and allows the entity greater flexibilityin selecting a secure and cost effectivemethod of providing access. Forexample, an administrative office in atown hall may provide a portable texttelephone (TTY) for use in the office orat public telephones as long as the officeis open to the public the same hoursthat the public telephone is available foruse by the public. Directional signagemust be provided at the public paytelephones indicating the location of thetext telephone (TTY).

Comment. One commenter requestedclarification of the term ‘‘public usearea’’.

Response. ADAAG 3.5 (Definitions)defines ‘‘public use’’ as the interior orexterior rooms or spaces that are madeavailable to the general public. Someentities covered under title II of theADA may not have a public use area.

4.1.6 Accessible Buildings:Alterations. 4.1.6(1)(k) ElevatorException. This provision states that theexception to the requirement for anelevator in ADAAG 4.1.3(5) for newlyconstructed facilities also applies toaltered facilities. This exception waseditorially revised in the interim ruleconsistent with the revision of ADAAG4.1.3(5). No changes have been made tothis provision in the final rule.

4.1.7 Accessible Buildings: HistoricPreservation. 4.1.7(1)(a) Exception.This section addresses the requirementsfor access in alterations to qualifiedhistoric facilities. The interim rulecontained an exception referencingprovisions for program access in theDepartment of Justice’s title II and IIIregulations where compliance with


ADAAG would threaten or destroy thehistoric significance of a facility. See 28CFR 35.151(d)(2) and 28 CFR 36.405(b).This provision has been relocated to theappendix as it did not function as an‘‘exception’’ to ADAAG but as anadvisory note.

4.33 Assembly Areas

4.33.7 Types of Listening Systems.Information was submitted whichaddressed the incompatibility of somereceivers with hearing aids. People whowear hearing aids often need themwhile using an assistive listeningsystem. A requirement for hearing-aidcompatibility was not included in theproposed or interim final rules. TheAccess Board intends to consider thisissue in future rulemaking which wouldaddress assembly areas in general.However, the Department of Justice’sregulations implementing titles II and IIIof the ADA require public entities andpublic accommodations to provideappropriate auxiliary aids and serviceswhere necessary to ensure effectivecommunication. Where assistivelistening systems are used to provideeffective communication, theDepartment of Justice considers itessential that a portion of receivers becompatible with hearing aids. Thisinformation has been added to anappendix note to section 4.33.7.

Special Occupancy Sections: 5.Restaurants and Cafeterias through 10.Transportation Facilities. Generalprovisions in each of these sectionshave been editorially revised to refer to‘‘section 4’’ of ADAAG instead ofsection ‘‘4.1. to 4.35’’ to facilitate futurerevision of the guidelines.

7. Business, Mercantile and Civic

This section addresses business,mercantile, and civic occupancies. Inthe final rule, a reference to ‘‘civic’’ hasbeen added to clarify the applicability ofthis section to state and localgovernment facilities.

7.2 Sales and Service Counters, TellerWindows, Information Counters.

ADAAG 7.2(1) and (2) require accessat sales and service counters, tellerwindows, and information counters inState and local government facilitieswhere goods and services are availableto the public. Both provisions areexisting requirements which have beeneditorially revised to include theirapplication to State and localgovernment facilities as well. Section7.2(3) of the interim rule contained the

requirements for State and localgovernments. These requirements are nolonger necessary with the editorialrevisions to 7.2(1) and (2). ADAAG7.2(3) requires access to facilitate voicecommunication at counters and tellerwindows with solid partitions orsecurity glazing provided in publicfacilities. This provision also requiresthat, where provided,telecommunication devices shall beequipped with volume controlscomplying with ADAAG 4.31.5. In thefinal rule, this requirement has beeneditorially revised and has beenclarified as applying to thetelecommunication devices provided onthe public side of counters or tellerwindows.

Comment. Several commenterssupported this section, while severalother commenters recommendedmodifications. For example, onecommenter recommended that knee andtoe clearances be specified beneathcounters. Another commenterrecommended that information displayscreens at counters should be mountedat 43 to 51 inches from the floor.

Response. Since the countersaddressed by this section are typicallyused for brief periods of time in theconduct of business transactions, kneeand toe clearance underneath countersis not required as it is for fixed seatingand tables covered by ADAAG 4.32.Requirements for the mounting heightsfor equipment have not been includedin the absence of supporting technicaldata.

10. Transportation Facilities

10.4 Airports

10.4.1 New Construction. 10.4.1(8)Security Systems. This provisionrequires an accessible route complyingwith ADAAG 4.3 to be provided at eachsingle security barrier or group ofsecurity barriers in airports covered bytitle II of the ADA as public facilities.

Comment. One commenter wasconcerned that the exemption for doors,doorways and gates to be operated onlyby security personnel would limit jobopportunities for persons withdisabilities.

Response. This provision applies tosecurity gates at airport securitycheckpoints. Such gates are designed toprevent air carrier passengers fromentering secured areas until they havebeen cleared. Normally, such gates areadjacent to unobstructed routesallowing exiting passengers to leave thesecured area. Airport employees are

typically allowed free access throughsuch routes and, therefore, employeeswith disabilities would not need to usethe security gate. A reference in thisexception to ADAAG 4.13.6, whichspecifies maneuvering clearances atdoors, including latch-side clearance,has been removed. This reference hadbeen included in the interim rule fordoors operated by security personnelsince such operation precludes the needfor clearance at the latch side of doors.However, since ADAAG 4.13.6 alsocontains specifications for maneuveringspace, which is essential for passagethrough doors, including those operatedby security personnel, it has beenapplied to these doors and gates. Areference to ‘‘path of travel’’ in thisexception has been changed to‘‘circulation path’’ to avoid confusionwith the use of the term ‘‘path of travel’’as it relates to alterations to primaryfunction areas in ADAAG 4.1.6(2).

11. Judicial, Legislative and RegulatoryFacilities

This section addresses those facilitieswhere judicial, legislative, andregulatory functions occur. Judicialfacilities consist of courthouses.Legislative facilities include town halls,city council chambers, city or countycommissioners’ meeting rooms, andState capitols. Regulatory facilities arethose which house State and localentities whose functions includeregulating, governing, or licensingactivities. For example, this sectionwould address those rooms whereschool Board meetings, housingauthority meetings, zoning appeals, andadjudicatory hearings (e.g., driverslicense suspensions) are held.

Comment. Two commenters requestedclarification of section 11 as it appliesto legislative and regulatory facilities.The commenters felt that section 11 isso courtroom specific that it wasdifficult to extrapolate the applicablerequirements of seating for legislators,Board, council and commissionmembers.

Response. Section 11 has beenreorganized to clarify the application ofrequirements to judicial facilities (11.2)and to legislative and regulatoryfacilities (11.3). Provisions applicable toall facilities covered by section 11 havebeen relocated to 11.1. An appendixnote to 11.3 provides examples oflegislative and regulatory facilities tofurther clarify the application of thissection.


11.1 General

11.1.1 Entrances. This provisionrequires that, where provided, at leastone restricted and at least one securedentrance be accessible. Restrictedentrances differ from public entrancesin that they are used only by judges,public officials, facility personnel andother authorized parties, such as jurorson a controlled basis. Secured entrancesare used only by detainees anddetention officers. The interim ruleexempted secured entrances operatedonly by security personnel fromADAAG 4.13.6. However, since ADAAG4.13.6 also contains specifications formaneuvering space, which is essentialfor passage through doors, includingthose operated by security personnel,the exemption from 4.13.6 has beenremoved. The requirements in ADAAG4.13 are not known to pose any conflictwith security requirements for doors.References in the interim rule toaccessible routes have been removed assection 4 of ADAAG requires thataccessible entrances be connected to anaccessible route. Similarly, arequirement in the interim rule forpassenger loading zones provided fordetainees has been removed asaccessible passenger loading zones areaddressed in 4.1.2(5).

11.1.2 Security Systems. Thisprovision requires an accessible routecomplying with ADAAG 4.3 (AccessibleRoute) to be provided through fixedsecurity barriers at required accessibleentrances. Where security barriersincorporate equipment such as metaldetectors, fluoroscopes, or other similardevices which cannot be madeaccessible, an accessible route isrequired adjacent to such securityscreening devices to facilitate anequivalent circulation path. Thisprovision has been editorially revised toreference a circulation path in lieu of apath of travel. No substantive changeshave been made to this provision.

11.1.3 Two-way CommunicationSystems. This provision requires thatwhere a two-way communicationsystem is provided to gain admittance toa facility or to restricted areas within thefacility, the system shall provide bothvisual and audible signals and shallcomply with 4.27 (Controls andOperating Mechanisms). No changeshave been made to this provision.

11.2 Judicial Facilities

11.2.1 Courtrooms. ADAAG 11.2.1applies to courtrooms in judicialfacilities and requires access tospectator seating and press areas, juryboxes, witness stands, judges’ benches,and other courtroom stations. Areas that

are raised, such as witness stands, ordepressed and accessed by ramps orplatform lifts with entry ramps mustprovide a turning space complying with4.2.3 so that the space can be enteredand exited in a forward direction safely.A reference to ‘‘depressed areas’’ hasbeen added to raised spaces andelements consistent with the provisionallowing use of platform lifts in 4.1.3(5),Exception 4. Requirements in theinterim rule for accessible routes, doorsand gates, clear floor space, and controlsand operating mechanisms have beenremoved from the final rule as they areaddressed in ADAAG section 4.

Comment. Several commenters statedthat a turning space is not necessarilyrequired within witness stands accessedby platform lifts. Commenters providedexamples of customized designs thatincorporate lifts which serve as the floorof the witness stand. This shouldobviate the necessity for an entry rampinto the lift since the surface of the liftis level with the adjacent floor.

Response. The requirement forunobstructed turning space has beenrevised to apply only to raised ordepressed areas accessed by ramps orplatform lifts with entry ramps.Enclosures and gates cannot restrictrequired maneuvering spaces.

Comment. One commenter questionedwhether doors to jury boxes must beautomatically operable.

Response. Where provided, doors andgates must comply with ADAAG 4.13(Doors) which does not requireautomated doors, but does contain othertechnical requirements.

Comment. In the interim rule,sections 11.2.1(2) (Jury Boxes andWitness Stands), 11.2.1(4) (FixedJudges’ Benches, and Clerks’ Stations),11.2.1(5) (Fixed Bailiffs’ Stations, CourtReporters’ Stations, Litigants’ andCounsel Stations), and 11.2.1(6) (FixedLecterns) required that the maximumheight of controls and operatingmechanisms be 48 inches. Onecommenter questioned why control andoperating mechanisms were restricted toa maximum height of 48 inches whenADAAG allows up to 54 inches wherea side approach is provided.

Response. The interim rule providedthat the maximum height for controlsand operating mechanisms was 48inches. This limitation has beenremoved in the final rule to allow a 54inch side reach.

Comment. The interim final rulecontained a requirement for access tofixed lecterns which required kneespace at least 27 inches high, 30 incheswide, and 19 inches deep. Severalcommenters considered thisrequirement excessive in view of

standard lectern dimensions.Information was received indicating thatlecterns are typically not fixed injudicial facilities.

Response. This requirement has beenremoved in the final rule.

11.2.1(1)(a) Spectator, Press andOther Areas with Fixed Seats. Thisprovision specifies the number ofwheelchair spaces required wherespectator, press, or other areas withfixed seats are provided according toADAAG 4.1.3(19)(a). This requirementhas been clarified in the final rule asapplying to each type of area with fixedseats.

Comment. The interim rule requiredthat where spectator seating capacityexceeds 50 and is located on one levelthat is not sloped or tiered, accessiblespaces must be provided in more thanone seating row. One commenterconsidered this requirement excessiveand inconsistent with current ADAAGrequirements in 4.1.3(19)(a).

Response. This requirement has beenremoved in the final rule.

11.2.1(1)(b) Jury Boxes and WitnessStands. This provision requires at leastone accessible wheelchair space withinjury boxes and witness stands. Anexception allows that, in alterations, awheelchair space may be locatedoutside the jury boxes or witness standswhere providing ramp or lift accessposes a hazard by restricting orprojecting into a means of egressrequired by the appropriate localauthority. A requirement in the interimrule requiring counters in witnessstands to comply with ADAAG 4.32 hasbeen removed since this provisionwhich may be excessive for countersprovided in witness stands.

Comment. The interim rulerecognized the use of portable lifts inalterations where provision of apermanent platform lift is technicallyinfeasible. One commenter requestedclarification regarding securement ofportable lifts. Concern was raised thatportable lifts are subject to tipping ifthey are not secured to the floor.Concern was also expressed over apotential hazard where a ramp orplatform lift would project into thecirculation paths in the well of acourtroom.

Response. The reference to portablelifts has been removed in the final ruleas it is not clear that all portable liftsmeet the safety standard referenced inADAAG 4.11.2. This modification doesnot preclude the use of portableplatform lifts provided they fullycomply with ADAAG 4.11.2. Inaddition, the exception to this provisionhas been modified to allow placement ofa wheelchair accessible space outside


raised witness stands and jury boxes inalterations where a ramp or platform liftposes a hazard by restricting orprojecting into necessary circulationpaths. The reference to technicalinfeasibility has been removed as thatexception is already provided inADAAG 4.1.6(j).

11.2.1(1)(c) Judges’ Benches andCourtroom Stations. This provisionrequires that judges’ benches, clerks’stations, bailiffs’ stations, deputy clerks’stations, court reporters’ stations, andlitigants’ and counsel stations complywith ADAAG 4.32 (Fixed or Built-inSeating and Tables). An exceptionpermits designs that allow laterinstallation of a means of vertical accesswithout substantial reconstruction ofthe space. This exception has beenclarified in the final rule.

Comment. A few commentersrecommended that only a percentage ofraised judges’ benches and clerks’stations be adaptable or accessible.

Response. Due to the complexity ofcourtroom design and the difficulty ofaccommodating subsequent alterations,the Access Board believes that requiringeither accessible or adaptable judges’benches and clerks’ stations willsignificantly facilitate a reasonableaccommodation for an employee in thefuture.

11.2.1(2) Assistive ListeningSystems. This section requires eachcourtroom in a judicial facility to havea permanently installed assistivelistening system complying with 4.33.This provision specifies the minimumnumber of receivers for assistivelistening systems. This number must beequal or greater than four percent of theroom occupant load, but in no case lessthan two. This requirement is consistentwith ADAAG requirements for assemblyareas in 4.1.3(19).

Comment. The interim rule providedthat a permanently installed assistivelistening system was required in only 50percent of certain areas in judicial,legislative and regulatory facilities.Several commenters recommended arequirement for 100 percentpermanently installed assistive listeningsystems in State and local governmentfacilities. These commenters citedoperational problems such asscheduling and the inability of staff tolocate and set up portable systems.Other commenters preferred portablesystems because they believe them to bemore flexible, cost effective and easierto replace as technology evolves. Twocommenters requested that smallerhearing rooms be allowed to provideportable systems. The commentersstated that the majority of hearing roomsare not utilized exclusively for

adjudicatory proceedings but for otherpurposes a disproportionate percentageof the time.

Response. The Access Board hasrevised the final rule to require apermanently installed assistive listeningsystem in each courtroom. Arequirement in the interim rulerequiring permanently installedassistive listening systems in 50 percentof hearing rooms, jury deliberationrooms, and jury orientation rooms hasbeen removed as these areas areaddressed in ADAAG 4.1.3(19)(b). Thedefinition of ‘‘assembly area’’ inADAAG 3.5 has been clarified asapplying to those rooms or spacesaccommodating a group of individualsfor ‘‘civic’’ purposes.

Comment. Information was submittedwhich addressed the incompatibility ofsome receivers with hearing aids.People who wear hearing aids oftenneed them while using an assistivelistening system. Ear buds requireremoval of hearing aids. Headsets thatcover the ear can produce disruptiveinterference due to hearing aid T-coils.It was recommended that neckloops andheadsets that can be worn as neckloopsbe specified over other receiver typessince they are compatible with hearingaids.

Response. The compatibility ofhearing aids and assistive listeningreceivers is an issue that pertains notonly to facilities covered in section 11but to other assembly areas as well. TheAccess Board intends to consider thisissue in future rulemaking which wouldaddress assembly areas in general. Anappendix note has been added to thefinal rule recommending receivers thatare compatible with hearing aids.

Section 11.8 of the interim rulerequired electrical outlets andappropriate wiring, conduit, orraceways in various areas, includingcourtrooms, to support communicationequipment for persons with disabilities.This requirement has been removed asit may be too vague for purposes ofdesign without further specification onthe type of equipment to be supported.Such equipment often is portable andnot appropriately addressed by ADAAG.

11.2.2 Jury Assembly Areas and JuryDeliberation Areas. This provisionrequires that where provided,refreshment areas and drinkingfountains in jury assembly areas andjury deliberation rooms must beaccessible. References in the interimrule to fixed seating and tables andvending machines have been removedas ADAAG sections 4.1.3(18) and 5.8address access to these elements. Inaddition, the requirement for access todrinking fountains for people who may

have difficulty bending or stooping hasbeen removed. The final rule requiresthat where drinking fountains areprovided, at least one comply withADAAG 4.15.

11.2.3 Courthouse HoldingFacilities. Section 11.2.3(1) applies ascoping requirement to courthouseholding facilities including centralholding cells and court-floor holdingcells serving courtrooms. Whereprovided, at least one adult male,juvenile male, adult female, andjuvenile female central holding cellmust comply with the requirements inthis section. Central holding facilitiesare typically designed with sight andsound separation between men, womenand juveniles. Where such cellseparation is provided, the guidelinesrequire at least one of each type of cellto be accessible. While there may beadditional ‘‘types’’ of cells (i.e.,isolation, group or individual cells) thedefinition of ‘‘type’’ is limited to adultmale, juvenile male, adult female, andjuvenile female holding facilities. Court-floor holding cells, however, are notnecessarily designed with sight andsound separation between adult males,juvenile males, adult females, andjuvenile females. For example, somecourthouses have numerous courtroomswith two court-floor holding cellsprovided between every twocourtrooms. Detainees are escortedthrough a secured route directly fromthe central holding cell to the court-floor holding cell. In such instances,this provision would require only oneaccessible court-floor holding cell. Sucha cell may serve more than onecourtroom. A clarification has beenadded that cells may serve more thanone courtroom. No other changes havebeen made to this provision.

Section 11.2.3(2) contains theminimum requirements for accessiblecells. In the interim rule, 11.2.3(2)(a)(Doors and Doorways) exempted doorsand doorways operated only by securitypersonnel from ADAAG 4.13.6.However, since ADAAG 4.13.6 alsocontains specifications for maneuveringspace, which is essential for passagethrough doors, including those operatedby security personnel, the exemptionfrom 4.13.6 has been removed. Therequirements in ADAAG 4.13 are notknown to pose any conflict withsecurity requirements for doors. Thisprovision has also been modified torequire fixed benches to provide backsupport (e.g., attachment to the wall).

Comment. One commenter requestedthat the term ‘‘maximum extentfeasible’’ be applied to situations wherealtering the facility would requiresubstantial demolition of the existing


components of the facility in order tocome into compliance.

Response. If compliance withalterations requirements is technicallyinfeasible, ADAAG 4.1.6(1)(j) requiresthat the alteration provide accessibilityto the maximum extent feasible.Technically infeasible means, withrespect to an alteration of a building ora facility, that it has little likelihood ofbeing accomplished because existingstructural conditions would requireremoving or altering a load-bearingmember which is an essential part of thestructural frame; or because otherexisting physical or site constraintsprohibit modification or addition ofelements, spaces, or features which arein full and strict compliance with theminimum requirements for newconstruction and which are necessary toprovide accessibility. Any elements orfeatures of the building or facility thatare being altered and can be madeaccessible are required to be madeaccessible within the scope of thealteration.

Comment. Several combinationstainless steel water closet and lavatoryunits are available that cannotincorporate a 36 inch grab bar behindthe water closet. One manufacturer ofcombination fixtures stated that the twomain reasons such units are specified isto reduce costs and minimizevandalism. Combination units reducethe square footage needed in cell designand reduce costs by only requiring onewall opening for plumbing connections,rather than two wall openings ifseparate fixtures are provided. Thecommenter further stated that there is areduction in vandalism by having onelarge fixture mounted to the wall whichmakes it much more difficult to removeor destroy than a single lavatory ortoilet. The commenter stated that majorretooling and redesign of the unitswould defeat the reasons why the unitsare currently preferred and proposedthat a 24 inch grab bar behind the watercloset be allowed instead of a 36 inchgrab bar.

Response. Although the use ofcombination units are preferred forspace efficiency and security, they aregenerally not mandatory. An exceptionfor the length of the rear grab bar oncombination units has not beenprovided since separate, accessiblelavatories and toilets are readilyavailable.

Section 11.2.3(3) requires that wherefixed cubicles are provided, at least fivepercent, but not less than one, musthave the maximum counter height andknee clearance underneath as requiredby ADAAG 4.32 (Fixed or Built-inSeating or Tables) on both the public

and detainee sides. It also requires amethod to facilitate voicecommunication if solid partitions orsecurity glazing separates visitors fromdetainees. No changes have been madeto this provision.

11.3 Legislative and RegulatoryFacilities

This section contains requirements forlegislative and regulatory facilities.Legislative facilities include town halls,city council chambers, city or countycommissioners’ meeting rooms, andState capitols. Regulatory facilities arethose which house State and localentities whose functions includeregulating, governing, or licensingactivities. This section has beenclarified in the final rule as applying topublic meeting rooms, hearing rooms,and chambers. An appendix noteprovides examples of the facilities andspaces covered by this section.

Section 11.3.1 requires access toraised speakers’ platforms, spectatorseating and press areas. Areas that areraised such as speakers’ platforms, ordepressed and accessed by ramps orplatform lifts with entry ramps mustprovide a turning space complying with4.2.3 so that the space can be enteredand exited in a forward direction safely.For clarity, those requirements in theinterim rule applicable to hearing roomsand chambers are provided in thissection separately from those in 11.2 forcourtrooms.

Section 11.3.1(1) requires access to atleast one of each type of raised speakers’platform. This provision has beenrevised for clarity and a reference toADAAG 4.32 has been removed since itmay be excessive and not all speakers’platforms contain counters. Section11.3.1(2) addresses spectator, press, andother areas. This provision has beenrevised consistent with a similarrequirement for courtrooms in 11.2. See11.2.1(1)(a) above.

Most city council chambers andlegislative chambers contain a publicaddress system and multiplemicrophones for numerous speakers. Insuch facilities, it is more efficient tosupplement an audio-amplificationsystem with a permanently installedassistive listening system to enablepeople who are deaf or hard of hearingto participate in the proceedings.Section 11.3.2 requires a permanentlyinstalled assistive listening system ineach assembly area equipped with anaudio-amplification system. The interimrule required a permanently installedassistive listening system in 50 percentof all hearing rooms, meeting rooms,and chambers designated for public use.As revised in the final rule, this

provision is more consistent withexisting ADAAG requirements in4.1.3(19)(b). This provision differs from4.1.3(19)(b) in that it applies withoutrespect to occupancy load or theprovision of fixed seating.

12. Detention and Correctional FacilitiesThis section addresses detention and

correctional facilities where occupantsare under some degree of restraint orrestriction for security reasons andprovides scoping and technicalrequirements for accessible cells orrooms.

12.1 GeneralThis provision identifies the types of

facilities covered by Section 12,including jails, prisons, reformatories,and juvenile detention centers. Allpublic areas and those common useareas serving accessible cells are subjectto existing ADAAG except therequirements for areas of rescueassistance and signage. In response toinquiries concerning the need forelevator access or complying stairs tothe upper tiers of housing facilitieswhere there are no accessible cells, anexception has been added in the finalrule. Under this exception, an elevatorcomplying with 4.10 or stairs complyingwith 4.9 are not required in multi-storyhousing facilities where accessible cellsor rooms and all common use areasserving them, as well as all public useareas, are on an accessible route.

12.2 Entrances and Security SystemsThis section covers entrances and

security screening devices. Section12.2.1 requires that public entrances,including those that are secured, beaccessible as required by ADAAG4.1.3(8). Entrance doors that areoperated by security personnel areexempt from the requirements inADAAG 4.13 (Doors) for door hardware,opening forces, and automatic doors.Doors subject to security requirementsprohibiting full compliance with theprovisions of ADAAG 4.13 are similarlyexempt. The exception in 12.2.1 mayapply to doors used by persons otherthan inmates and facility staff, such ascounselors and instructors. It isimportant that evacuation planningaddress egress for all persons who mayaccess secured areas since a person witha disability might not be able toindependently operate doors meetingthis exception. This consideration hasbeen included in an appendix note.Section 12.2.2 requires that anaccessible route be provided through oraround security screening deviceslocated at accessible entrances. Section12.2.2 has been editorially revised to


reference a circulation path in lieu of apath of travel.

Section 12.2.2 of the interim rulecontained requirements for entrancesand passenger loading zones used onlyby inmates or detainees and securitypersonnel. These requirements havebeen removed in the final rule asADAAG 4.1.3(8) addresses all types ofentrances except service entrances andADAAG 4.1.2(5) addresses passengerloading zones.

Comment. In the interim rule, theexception in 12.2.1 for doors subject tosecurity requirements requiredcompliance to the ‘‘maximum extentfeasible.’’ One comment from a Stateagency recommended that this term beremoved because it complicatesenforcement.

Response. The term ‘‘maximum extentfeasible’’ has been removed from theexception in 12.2.1 and the exceptionhas been further modified for clarity. Inaddition, a reference in this exception toADAAG 4.13.6, which specifiesmaneuvering clearances at doors,including latch-side clearance, has beenremoved. This reference had beenincluded in the interim rule for doorsoperated by security personnel sincesuch operation precludes the need forclearance at the latch side of doors.However, since ADAAG 4.13.6 alsocontains specifications for maneuveringspace, which is essential for passagethrough doors, including those operatedby security personnel, the exemptionfrom 4.13.6 has been removed. Therequirements in ADAAG 4.13.6 are notknown to pose any conflict withsecurity requirements for doors. Anidentical exception in 12.5.2(1) fordoors and doorways serving holding orhousing cells has been similarlymodified.

12.3 Visiting Areas

This section addresses non-contactvisiting areas. At least five percent offixed cubicles on both the public andsecured side must be accessible under12.3(1). Accessible cubicles for inmatesor detainees are required only in thosevisiting areas serving accessible housingor holding cells. Section 12.3(2) requirescubicles separated by solid partitions tobe equipped with devices to facilitatevoice communication. Theserequirements are consistent with thosefor visiting areas covered by section11.4.3 (Courthouse Holding Facilities).Few comments were received and onlyeditorial changes have been made to thisprovision.

12.4 Holding and Housing Cells orRooms: Minimum Number

12.4.1 Holding Cells and GeneralHousing Cells or Rooms. MinimumNumber. This section requires that aminimum of two percent, but not lessthan one, of the total number of holdingor general housing cells or roomsprovided in a facility be accessible innew construction.

The interim rule provided that at leastthree percent, but not less than one, ofthe total number of housing or holdingcells or rooms provided in a facilityshall be accessible.

Comment. Most comments fromdetention and correctional authoritiesconsidered the three percent minimumspecified in the interim rule excessivein view of the demonstrated need.Several State correctional agenciesrecommended one percent. The IllinoisDepartment of Corrections and 33concurring State correctional agenciesurged that the minimum not exceed twopercent. One disability organizationsupported the three percentrequirement. With respect to detentionfacilities, one county governmentrecommended one percent for holdingcells.

Most of the recommendations for alower percentage were based on surveydata submitted in response to theNPRM. As noted in the interim rule,among various responding States, thepercentage of inmates with mobilityimpairments ranged from .12 to 1.35percent and the average was .46 percent.A survey conducted by the Associationof State Correctional Administrators(ASCA) provided a significantly higheraverage of 3.39 percent, suggesting thata wider range of disabilities, not justmobility impairments, was included. Inresponse to the interim rule, theCalifornia Department of Correctionscompiled additional survey data fromStates, the ASCA, and the FederalBureau of Prisons. The results of thatsurvey indicated that the averagepercentage of inmates with some type ofdisability is 1.56 percent.

Few comments provided survey dataon city or county facilities. In responseto the NPRM, several State entities thatoversee such facilities submitted surveyresults. The percentage of inmates withdisabilities housed in jails in Nebraskaand Texas was .07 percent and .48percent, respectively. New York Citypreviously indicated that .25 percent ofits inmate population used wheelchairs.Other estimates for local facilitiesranged from less than one percent totwo percent.

The three percent minimum specifiedin the interim rule was based in part on

the aging of the prison population, aconsideration several commentersraised, and existing data demonstratingthat the prevalence of disabilityincreases with age. However, commentsfrom State correctional agencies to theinterim rule indicated that the perceivedaging of the prison population is notsupported by current demographic data.The California Department ofCorrections indicated that nationally theaverage age of inmates is 29.8 years andinmates aged 60 years or older compriseless than one percent of the totalpopulation based on its survey of States.The Illinois Department of Correctionsdocumented among various States thatthe number of inmates over 50 years oldhas remained constant or increased onlyslightly. The highest increase reportedby any State was 1.2 percent over a sixyear period. One comment from acounty authority also consideredincreases in this population to benegligible.

Response. Consistent with a largemajority of commenters, as well as thesurvey data provided, the minimumnumber of holding or general housingcells or rooms required to be accessiblein new construction has been reduced totwo percent.

Dispersion. The interim rule providedthat accessible cells shall be dispersedamong all categories and types ofgeneral housing and holding areas. Thefinal rule does not contain arequirement for dispersion of accessiblecells.

Comment. Many comments from Stateand local corrections officials reiteratedarguments made in response to theNPRM that accessible cells should berequired on a system-wide basis insteadof for each newly built or alteredfacility. This would provide a level ofadministrative discretion operatorsconsider essential in determining whichfacilities of a system are appropriate forhousing inmates with disabilities.According to the commenters, theavailability of certain programs,services, and staff, not just architecturalaccessibility, are important criteria inmaking this determination and thatfreedom of choice, a fundamentalconsideration in ensuring access topublic housing and transient lodging, isnot pertinent to the assignment ofhousing among inmates. The CaliforniaDepartment of Corrections stated:

[T]he primary service of correctionalfacilities is to help maintain public safetythrough incarceration of offenders.Classification to determine placement withinthe system is based on many factors such assecurity requirements, medical needs, andother administrative determinates.Accessibility is another one of these factors


in the classification process. Given themission of detention and correctionalfacilities, it is appropriate to provide equalaccessibility to programs, service, andactivities in an integrated environment in themost economic manner possible whichincludes mitigating staffing costs, making useof community resources and groupinginmates with disabilities to providespecialized services or training. The AccessBoard’s concept that assignment polices maychange and that construction opportunitiesapplied piecemeal will eventually lead to fullaccessibility is clearly based on assumptionsof accessibility applied to most governmentservices and public accommodations. In acustodial setting, accessibility is only oneplacement consideration which applies to anextremely slight population number. . . .Accessibility can be optimally provided in alimited number of facilities much morethoroughly and economically, and with acomparable quality of providing inmateservices, programs, and activities.

Similar arguments were made by theIllinois Department of Corrections incomments supported by 33 other Statecorrectional entities. Commentersemphasized these concerns in thecontext of alterations whererequirements for accessible cells may betriggered in existing facilities thatcannot support inmates with disabilitieseither architecturally orprogrammatically. According to thecommenters, provision of accessiblecells in an alteration will by no meansensure that the necessary level of accessto programs, services, common use areasand other amenities available to inmateswill be achieved. According tocommenters, providing access in someexisting facilities will waste limitedresources and lead to a greater numberof accessible cells available only toinmates without disabilities wheremisuse of elements, such as grab bars,is more likely to occur. Thus,correctional authorities recommendedthat a percentage of accessible cells berequired for the entire system instead ofat each newly constructed or alteredfacility.

Response. New construction presentsthe greatest opportunity for access. Whythis would not hold true for detentionand correctional facilities was notclearly indicated in comments. Rather,the concerns expressed in this area arerelevant primarily to the requirement foraccess in alterations in 12.4.5(Alterations to Cells or Rooms). In theinterim rule, this provision applied theminimum scoping percentage of newconstruction to the total number of cellsor rooms altered in a facility. Alterationsprovide important opportunities foraccess as recognized by the ADA;however, corrections authorities make acompelling case for allowing discretionin detention and correctional facilities.

Concerns of practicality, and those offeasibility raised in the NPRM, andvarious operational factors indicate thatin many instances the cost of achievingaccess at many existing facilities willgreatly outweigh the benefits. For thesereasons, section 12.4.5 and therequirement for alterations have beenreserved, thus limiting to newconstruction the two percent scopingrequirement. This requirement has beenreserved, rather than permanentlyremoved, since it may be revisited in thefuture. Further, there will be instanceswhen the opportunities for access inalterations should be considered,particularly where a system has few, ifany, accessible cells. In certain cases,complying with the requirements ofsection 12 may be practical, technicallyfeasible, and facilitate compliance withother ADA requirements, includingthose for program access. Whilereserving this requirement may poseconfusion over the minimum level ofaccess required in alterations, theobligation correctional entities have inproviding program access mayeffectively and practically determine thedegree of access that should be providedin an alteration. The Department ofJustice’s title II regulation states thatpublic entities must operate eachservice, program, or activity so that theservice, program, or activity, whenviewed in its entirety, is readilyaccessible to and useable by individualswith disabilities. Thus, the lack of aspecific requirement for accessibleprison alterations does not excuse apublic entity from providing access toall of the prison’s programs andservices, when viewed in their entirety.

Comment. The interim rule containeda requirement that accessible cells bedispersed among each type or categoryof housing or holding cells. A fewcommenters recommended that prisonoperators have greater discretion inlocating cells on a site. The Bureau ofPrisons noted that according to itsrecords inmates with disabilities arerarely housed in maximum securityfacilities and recommended thataccessible cells not be required in thiscategory of housing.

Response. The requirement fordispersion of accessible cells in eachcategory or type of housing or holdingcell has been removed. Thus, at siteswhere different categories of housing orlevels of security are provided,operators need not locate accessiblecells in each category or security level.A recommendation that accessible cellsbe dispersed among different types ofholding cells and different categoriesand security levels of housing has beenadded to an appendix note.

Comment. Several commentersrequested clarification that theminimum percentage applies to afacility generally and that accessiblecells are not required in each buildingof a facility.

Response. The minimum scopingrequirement of two percent is based onthe total number of housing or holdingcells or rooms provided in a ‘‘facility.’’As defined in ADAAG 3.5 (Definitions),the term ‘‘facility’’ includes thebuildings and structures of a site. Whilethe percentage is based on the totalnumber of cells or rooms that may beprovided at a site, the location ofaccessible cells or rooms in eachbuilding is not required.

12.4.2 Special Holding and HousingCells or Rooms. This section requiresthat where holding or housing cells orrooms are provided for specialpurposes, at least one of each type mustbe accessible. This includes those usedfor purposes of protective custody,disciplinary detention, detoxification,and medical isolation.

Comment. One correctional authorityrecommended that this requirementreference other purposes, includingdisciplinary segregation, administrativedetention, and orientation.

Response. These special purposeshave been added to the requirement.

Comment. The interim rule noted that‘‘an accessible special holding orhousing cell or room may serve morethan one purpose.’’ One disabilityorganization indicated that this shouldonly be permitted where inaccessiblecells also serve multiple purposes,otherwise inmates with disabilities maynot have access to the same level ofservice provided. This comment alsosuggested that a recommendation beincluded in the appendix for a greaternumber of accessible special purposecells at large facilities.

Response. The statement concerningaccessible cells serving more than onepurpose has been removed to ensureequivalency in the provision of access.Accessible special holding cells mayserve more than one purpose whereother special holding cells serve morethan one purpose. Where specialholding cells serve different purposes,then one of each type must beaccessible. This clarification has beenincluded as an appendix note to 12.4.2.Also added to this appendix note is arecommendation that more than one ofeach type should be accessible in largefacilities where a number of cells ofeach type serve different holding areasor housing units.

Comment. One correctional agencyrecommended that this section shouldonly apply to those medical isolation


cells that are specifically designed forthat purpose and not general housingcells or medical care rooms that mayalso be used to isolate inmates formedical purposes.

Response. An appendix note in theinterim rule that distinguished betweenmedical isolation cells covered by 12.4.2and patient bedrooms covered by 12.4.4has been relocated to this section.Additional clarification has been addedto this appendix note indicating that12.4.2 applies to cells specificallydesigned for purposes of medicalisolation.

Comment. One corrections agencyrecommended that cells or rooms usedto monitor inmates or detainees likely toattempt suicide be exempt from therequirement for grab bars. Such cells orrooms are typically designed withoutany protrusions.

Response. The NPRM asked questionsconcerning grab bars and the risk ofsuicide. A majority of the responses didnot generally regard grab bars as posinga greater risk since effective suicideprevention is based on a variety ofmeasures, including evaluation,classification, and surveillance ofinmates, not just cell design. However,the installation of grab bars maycomplicate the design of facilities thatare used for the purpose of suicidewatch. An exception to the requirementin ADAAG 4.16 (Water closets) for grabbars has been added for cells or roomsspecially designed to be used solely forthe purpose of suicide prevention.

12.4.3 Accessible Cells or Rooms forPersons with Hearing Impairments. Thissection requires access for persons whoare deaf or hard of hearing in housingor holding cells or rooms equipped withaudible emergency warning systems orpermanently installed telephones.

Comment. One State correctionalauthority recommended that the scopingbe reduced from three to one percentbased on survey data received inresponse to the NPRM.

Response. The data received inresponse to the NPRM indicated that thepopulation of inmates who are deaf orhard of hearing is only slightly higherthan the population of inmates withmobility impairments. Consistent withthe requirement for accessible cells insection 12.4.1, the minimum scopinghas been reduced from three to twopercent.

12.4.4 Medical Care Facilities. Thissection applies the requirements ofADAAG 6 (Medical Care Facilities) tomedical care facilities in detention andcorrectional facilities. Few commentsaddressed this provision and no changeshave been made.

12.4.5 Alterations to Rooms or Cells.This section has been reserved. See thediscussion under 12.4.1 (Holding Cellsand General Housing Cells or Rooms),‘‘Dispersion’’.

12.5 Requirements for Accessible Cellsor Rooms

This section contains the minimumrequirements for accessible cells orrooms. These requirements, which aresimilar to those for holding cells injudicial facilities in ADAAG 11.4(Courthouse Holding Facilities), arebased primarily on existing ADAAGspecifications, including those fortransient lodging in section 9(Accessible Transient Lodging).Requirements are provided for doorsand doorways, toilet and bathingfacilities, beds, drinking fountains, fixedseating and tables, benches, storage,controls, and accommodations forpersons with hearing impairments. Themajority of the comments received inresponse to this provision addressedrestrooms, beds, and fixed seating andtables.

Section 12.5.2 has been revised toaddress those situations where acovered element or space serves anaccessible cell or room but is locatedoutside the cell or room.

(1) Doors and Doorways. This sectioncontains an exception for doors that areoperated only by security personnel orsubject to security requirementsprohibiting full compliance from therequirements in ADAAG 4.13 (Doors).This exception has been modifiedconsistent with 12.2.1 and 12.2.2. (Forfurther discussion of the modifications,see 12.2 (Entrances).

(2) Toilet and Bathing Facilities.Comment. Several commentersrecommended that a grab bar shorterthan the required 36 inches bepermitted behind water closets so thatcombination lavatory and water closetunits may be used. Currently, such unitsare equipped with a grab barapproximately 24 inches long. Amanufacturer of such units indicatedthat developing a fully compliant unit iscost-prohibitive.

Response. An exception for the lengthof the rear grab bar on combinationunits has not been provided sinceseparate, accessible lavatories andtoilets are readily available. For furtherdiscussion, see 11.4.2 (Requirements forAccessible Cells).

Comment. One commenterrecommended that floor-mounted grabbars be permitted.

Response. ADAAG does notspecifically address floor-mounted grabbars. However, in some situations theymay provide an effective alternative to

wall-mounted grab bars so long as therequirements of ADAAG 4.26(Handrails, Grab Bars, and Tub andShower Seats), including thespecifications for structural strength, aremet.

(3) Beds. Comment. Several commentsaddressed the requirements for beds.One comment recommended that theminimum clear floor space requiredalong one side of beds be 5 feet longinstead of the full length of the bed. Onecomment from an inmate with adisability recommended that headroombetween bunkbeds be specified whileanother commenter advised the heightof beds should be 19 to 21 inches.

Response. Clear floor space 36 incheswide is required along side of beds thefull length. However, elements, such aswriting counters, may overlap this spaceso long as the required knee and toeclearance is provided. An appendix noteprovides some guidance on headroombetween bunkbeds and recommends aheight for beds of 17 to 19 inches basedon existing ADAAG requirements forwater closets and benches. No changeshave been made to this provision.

Technical inquiries have beenreceived concerning the number of bedsthat should be accessible in largebarracks-style rooms with many beds.Since beds may not be fixed, aminimum number of accessible beds isnot specified in this section, consistentwith existing ADAAG. However, arecommendation has been added to theappendix that the minimum scoping forcells or rooms (two percent) also beapplied to the number of beds in largecells or rooms with many beds.

(4) Drinking Fountains. (5) Fixed orBuilt-In Seating and Tables. (6) FixedBenches. One comment concerningfixed or built-in seating and tablesseemed to confuse the requirements ofsection 12.5.2 with those for commonuse areas in 12.1. Section 12.5.2 appliesonly to elements located withinaccessible cells or rooms. Thoseelements located outside cells forcommon use by inmates, such as indayrooms which adjoin cells, are subjectto 12.1 and its application of existingADAAG for common use areas servingaccessible cells. An appendix note hasbeen added to 12.5.2 to clarify this. Inaddition, the requirements in 12.5.2 fordrinking fountains, fixed or built-inseating and tables, and fixed bencheshave been modified to more clearlyapply to elements located withinhousing or holding cells. Paragraph (4)has been modified to require ‘‘at leastone’’ wheelchair accessible drinkingfountain where provided within aholding or housing cell. Drinkingfountains located in common use areas


are subject to existing ADAAG and itsrequirement that drinking fountains beaccessible to both persons usingwheelchairs and those who may havedifficulty bending or stooping.Paragraph (5), which covers fixed orbuilt-in seating and tables, andparagraph (6), which addresses fixedbenches, has been similarly modified. Inaddition, paragraph (6) has beenmodified to require fixed benches to bemounted to the wall or provide backsupport.

(7) Storage. (8) Controls. (9)Accommodations for Persons withHearing Impairments. Few commentsaddressed these sections and no changeshave been made to these provisions.

12.6 Visual Alarms and TelephonesThis section contains technical

requirements for cells that are accessibleto persons who are deaf or hard ofhearing. Section 12.6 requires thatwhere cells are equipped with audibleemergency warning systems, a visualalarm complying with ADAAG 4.28.4(Auxiliary Alarms) shall also beprovided. This section also requires thatpermanently installed telephones, ifprovided in cells, shall have volumecontrols complying with ADAAG 4.31.5(Hearing Aid Compatible and VolumeControl Telephones). An exception fromthe requirement for visual alarms isprovided where inmates or detainees arenot allowed independent means ofegress. No substantive changes havebeen made to this provision.

The interim final rule clarified thatportable devices may be used in lieu ofpermanent devices if necessary wiringand outlets are provided. This wasnoted as an example of ‘‘equivalentfacilitation,’’ a provision in ADAAG 2.2that permits alternative designs thatprovide equal or greater access. Sinceequivalent facilitation pertains to allADAAG provisions, this specificexample has been removed in the finalrule.

Comment. The Committee onAcoustics in Corrections recommendedthat design guidelines on acousticsdeveloped by the American CorrectionalAssociation should be incorporated insection 12. These specifications areparticularly essential in the noisyenvironments of detention andcorrectional facilities and may helpprevent hearing loss caused by constantexposure to loud noise.

Response. Guidelines for acousticshave not been incorporated into thisrule because none had been previouslyrecommended or proposed and madeavailable for public comment. Whileacoustics in correctional facilities is animportant design consideration, it

involves concerns such as prevention ofhearing loss, that lie beyond the scopeof ADAAG and its minimum criteria foraccess to the built environment. Some ofthese issues may be more appropriatelyaddressed by agencies that overseecorrectional systems or provideaccreditation.

13. Accessible Residential Housing

In the interim rule, ADAAG 13addressed accessibility requirements forresidential facilities. This section hasbeen reserved in the final rule.

Since the publication of the interimrule, the American National StandardsInstitute (ANSI) A117 Committee hasdeveloped a draft proposal to add newsections pertaining to accessible andadaptable residential housing to theCABO/ANSI A117.1 standard. TheCABO/ANSI standard for Accessibleand Usable Buildings and Facilities willbe revised in 1997 to incorporate thesenew technical and scoping provisions.

The Access Board is committed tocoordinating its guidelines with privatesector standards and model codes to theextent possible. The development ofaccessibility standards for accessibleresidential housing by the ANSIcommittee at the time the Access Boardis publishing guidelines in the samearea, presents a unique opportunity forthe Access Board to promote greateruniformity in accessibility standards.Accordingly, the Access Board isreserving ADAAG 13 (AccessibleResidential Housing) until it has anopportunity to review the final CABO/ANSI standard. Upon completion of itsreview, the Access Board will issueguidelines for accessible residentialhousing.

14. Public Rights-of-Way

In the interim rule, ADAAG 14included provisions for newconstruction and alterations ofpedestrian and related facilities in thepublic rights-of-way. This section hasbeen reserved in the final rule.

Comment. The majority of thecomments received in response to theNPRM and the interim rule concernedADAAG 14 (Public Rights-of-Way).Commenters were particularlyconcerned with the application of thenew construction provisions of section14 to existing facilities. Many of thesecommenters, including public worksagencies, transportation departments,and traffic consultants, were concernedthat ADAAG 14.1 would be applied totransition plan construction, and inparticular, the number, location, anddesign of curb ramps, in existingdeveloped rights-of-way.

Response. Section 14 of the interimrule contained new constructionprovisions which were not intended toapply to existing facilities in the publicright-of-way. With respect to alterations,section 14 contained less stringentscoping and technical provisions foralterations to established rights-of-waywhere there is site infeasibility. Fewcritical comments were directed to theaccessibility requirements foralterations. The response to both theNPRM and the interim rule clearlyindicated the need for substantialeducation and outreach regarding theapplication of guidelines in this area.

Pedestrian facility design, and inparticular, accessible pedestrian design,is a new responsibility for many trafficengineers. Within the highway industry,there is disparate understanding ofpedestrian accessibility criteriagenerally, and the application of theADAAG 14 provisions for newconstruction contained in the interimrule, in particular. As a result, theAccess Board has elected to reserveADAAG 14 (Public Rights-of-Way) inthis final rule. The Access Board hasembarked upon an ambitious program ofoutreach to governmental and private-sector organizations in thetransportation industry to promote theincorporation of pedestrian accessibilitycriteria into current and proposedindustry guidelines, standards, andrecommended practices. The guidelinescontained in section 14 of the interimrule have been adopted by the State ofAlabama and are being used to guidepolicies on pedestrian accessibility inthe States of California, New Jersey andFlorida. Several cities, includingPortland, Oregon and Seattle,Washington have pedestrian planningrequirements that are substantiallysimilar to those contained in the interimrule.

In a future rulemaking, the AccessBoard will review its education andoutreach program and the impact of theStates’ and localities’ regulatory effortsin this area, and will considerpublication of requirements foraccessibility in the public right-of-way.

Technical AssistanceUnder both the Architectural Barriers

Act and the Americans with DisabilitiesAct, the Access Board providestechnical assistance and training forentities covered under the acts. TheAccess Board’s toll-free number allowscallers to receive technical assistanceand to order publications. The AccessBoard conducts in-depth trainingprograms to advise and educate thegeneral public, as well as architects andother professionals on the accessibility


guidelines and requirements. Inaddition, the Access Board isdeveloping a manual for use by bothtechnical and general audiences. Thegeneral manual on ADAAGrequirements will be a useful tool inunderstanding ADAAG whether forpurposes of compliance or as a referencefor accessible design.

Regulatory Process Matters

Regulatory Assessment

These guidelines are issued to provideguidance to the Department of Justiceand the Department of Transportation inestablishing accessibility standards fornew construction and alterations ofState and local government facilitiescovered by title II of the ADA. Thestandards established by the Departmentof Justice and the Department ofTransportation must be consistent withthese guidelines.

Under Executive Order 12866, theBoard must determine whether theseguidelines are a significant regulatoryaction. The Executive Order defines a‘‘significant regulatory action’’ as onethat is likely to result in a rule that may:

(1) Have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities;

(2) Create a serous inconsistency orotherwise interfere with an action takenor planned by another agency;

(3) Materially alter the budgetaryimpact of entitlements, grants, user fees,or loan programs or the rights andobligations of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’ priorities, or the principlesset forth in the Executive Order.

For significant regulatory actions thatare expected to have an annual effect onthe economy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local or tribal governments orcommunities, a written assessment mustbe prepared of the costs and benefitsanticipated from the regulatory actionand any potentially effective andreasonably feasible alternatives of theplanned regulation. In both theproposed and interim rules foraccessibility guidelines for State andlocal government buildings andfacilities, the Board determined thatthose rules met the criteria for asignificant regulatory action in

paragraph (1) above under ExecutiveOrder 12866. As a result, a PreliminaryRegulatory Impact Analysis wasprepared for the proposed rule and aRegulatory Assessment was prepared forthe interim final rule. In addition tomiscellaneous provisions, both theproposed rule and the interim final ruleaddressed the addition of four newsections to the Americans withDisabilities Accessibility Guidelines.Those sections included judicial,legislative and regulatory facilities(section 11); detention and correctionalfacilities (section 12); housing (section13) and public rights-of-way (section14).

As discussed in more detail in theSection-by-Section analysis above, therehave been three major revisions made inthis final rule: (1) the reserving ofsection 13 which previously addressedaccessibility requirements in housing;(2) the reserving of section 14 whichaddressed public rights-of-way; and (3)the reduction of the scoping foraccessible cells in detention facilitiesfrom three percent to two percent. Inaddition, the final rule eliminatesrequirements for (1) outlets, wiring andconduit for communications in judicial,regulatory and legislative facilities; (2)areas of rescue assistance in detentionfacilities; and reduces scopingrequirements for visible alarms fromthree percent to two percent indetention facilities. These and otherrevisions have greatly reduced theeconomic impact previously imposed bythe interim rule for State and localgovernment facilities. The final rule hascreated a small increase in costs in onlyone aspect: in Section 11.2.2, thescoping for permanent listening systemshas been increased from 50 percent ofthe courtrooms to 100 percent of thecourtrooms. Accordingly, because theoverall effect of the final rule reduces,rather than increases, the impact of theinterim final rule, the Board hasdetermined that this final rule does notmeet the criteria for a significant ruleunder paragraph (1) above in that it willnot have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities. Because the final ruledoes not meet the criteria underparagraph (1) above, a regulatoryassessment has not been prepared.

The Board and the Office ofManagement and Budget (OMB) have,however, determined that this final rulemeets the other criteria for a significantregulatory action (i.e., the final rule

raises novel, legal or policy issuesarising out of legal mandates), and OMBhas reviewed the final rule.

The guidelines adhere to theprinciples of the Executive Order.Following the issuance of the proposedrule, the Board held five public hearingsin major cities across the country.Notices of the hearings and invitationsto attend were sent to major state andlocal government entities in those areas.In addition, copies of the notice ofproposed rule and the interim final ruleas well as the regulatory assessmentsprepared in connection with those ruleswere mailed directly to majorassociations of State and localgovernmental entities across the countryand various responsible agencies inindividual states for their review andcomment. Those comments werecarefully analyzed and the major issuesdiscussed in both the interim final ruleand this final rule.

Regulatory Flexibility Act Analysis

Under the Regulatory Flexibility Act,the publication of a rule requires thepreparation of a regulatory flexibilityanalysis if such rule could have asignificant economic impact on asubstantial number of small entities. Forthe reasons discussed above, the Boardhas determined that these guidelineswill not have such an impact andaccordingly, a regulatory flexibility actanalysis has not been prepared.

Federalism Statement

These guidelines will have limitedFederalism impacts. The impactsimposed upon State and localgovernment entities are the necessaryresult of the ADA itself. Every effort hasbeen made by the Access Board tolessen the impact of these guidelines onState and local government entities. Asdiscussed in more detail in the Section-by-Section analysis above, the final rulehas revised the ADA AccessibilityGuidelines for State and LocalGovernment facilities and has greatlyreduced the economic impact of theinterim guidelines.

The Preliminary Regulatory ImpactAnalysis (PRIA) prepared in connectionwith the proposed rulemaking and theRegulatory Assessment prepared for theinterim final rule served as theFederalism Statements for those rulesunder Executive Order 12612. Becausethe overall impact of this final rulereduces rather than increases the impactof the interim rule, an additionalFederalism Statement is unnecessary forpurposes of this rule.


Unfunded Mandates Reform Act

Under the Unfunded MandatesReform Act, Federal agencies mustprepare a written assessment of theeffects of any Federal mandate in a finalrule that may result in the expenditureby State, local, and tribal governments,in the aggregate, or by the private sector,of $100 million or more in any one year.Excluded from the requirements of thatAct, are provisions which (1) enforcethe constitutional rights of individuals;or (2) establish or enforce a statutoryright that prohibits discrimination onthe basis of race, color, religion, sex,national origin, age, handicap ordisability. Guidelines promulgatedpursuant to the Americans withDisabilities Act are therefore excludedfrom the application of the UnfundedMandates Reform Act and a writtenassessment is not required for this finalrule.

Enhancing the IntergovernmentalPartnership

As discussed in the supplementaryinformation above, on December 21,1992, the Access Board published aNPRM in the Federal Register whichproposed to amend ADAAG (36 CFRpart 1191) by adding four specialapplication sections and miscellaneousprovisions specifically applicable tobuildings and facilities covered by titleII of the ADA. Executive Order 12875,Enhancing the IntergovernmentalPartnership, encourages Federalagencies to consult with State and localgovernments affected by theimplementation of legislation.Accordingly, following the issuance ofthe NPRM, the Access Board held fivepublic hearings in major cities acrossthe country. Notices of the hearings and

invitations to attend were sent to majorState and local government entities inthose areas. In addition, copies of theNPRM were mailed directly to majorassociations of State and localgovernmental entities across the countryand various responsible agencies inindividual States. In response to theNPRM and the public hearings, a totalof 148 people presented testimony onthe proposed guidelines, 447 writtencomments were submitted to the AccessBoard by the end of the commentperiod, and an additional 127 commentswere received after the close of thecomment period. Although the lattercomments were not timely, the AccessBoard considered them to the extentpracticable. Two hundred and five ofthe comments and testimony receivedwere from affected State and localgovernments.

In addition, following the publicationin the Federal Register of the AccessBoard’s interim rule on June 20, 1994,and the notices of proposed rulemakingby the departments of Justice andTransportation, copies of the AccessBoard’s interim rule and thedepartments’ NPRMs, as well as theRegulatory Assessment prepared inconnection with the notices wereforwarded to major State and localgovernment associations and agenciesfor their review and comment. TheAccess Board received 246 commentson the interim rule. Almost two thirdsof the comments received were fromState and local governments. Many ofthose comments were from public worksagencies, transportation departments,and traffic consultants.

The comments received in response tothe NPRMs issued by the Access Board,the Department of Justice and theDepartment of Transportation, as well as

the Access Board’s interim rule werecarefully analyzed and the major issuesare discussed in the Section-by-SectionAnalysis, which also indicates theAccess Board’s position on each issue.

List of Subjects in 36 CFR Part 1191

Buildings and facilities, Civil rights,Individuals with disabilities,Transportation.

Authorized by vote of the Access Board onMay 14, 1997.Patrick D. Cannon,Chairperson, Architectural andTransportation Barriers Compliance Board.

Editorial Note: This document wasreceived at the Office of the Federal Registeron December 22, 1997.

For the reasons set forth in thepreamble, part 1191 of title 36 of theCode of Federal Regulations is amendedas follows:

PART 1191—AMERICANS WITHDISABILITIES ACT (ADA)ACCESSIBILITY GUIDELINES FORBUILDINGS AND FACILITIES

1. The authority citation for 36 CFRpart 1191 continues to read as follows:

Authority: 42 U.S.C. 12204.

2. Appendix A to Part 1191 isamended by revising the title page,pages i, ii, 1 through 14, 14A, 15, 54, 56,59 through 63, 67, 71 through 76; andremoving pages 61A and 77 through 92as set forth below.

3. In Part 1191, the appendix toappendix A is amended by revisingpages A1, A1A, A2, A15 through A21and removing pages A22 through A30 asset forth below.

The revisions read as follows:

BILLING CODE 8150–01–P












































[FR Doc. 98–615 Filed 1–12–98; 8:45 am]BILLING CODE 8150–01–C

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federal register - Home - United States Access Board2000 Federal Register/Vol. 63, No. 8/Tuesday, January 13, 1998/Rules and Regulations 1 On September 6, 1991, the Access Board amended