Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; Correction, 37009-37055 [E8-14395]

Agencies

• Department of Justice

[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Proposed Rules]
[Pages 37009-37055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14395]


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DEPARTMENT OF JUSTICE

28 CFR Part 36

[CRT Docket No. 106; AG Order No. 2968-2008]
RIN 1190-AA44


Nondiscrimination on the Basis of Disability by Public 
Accommodations and in Commercial Facilities; Correction

AGENCY: Department of Justice, Civil Rights Division.

ACTION: Proposed rule; correction.

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SUMMARY: This document contains corrections to the proposed rule, 
published Tuesday, June 17, 2008, at 73 FR 34508, implementing the 
Americans with Disabilities Act. The proposed rule would revise 
Department of Justice regulations on nondiscrimination on the basis of 
disability by public accommodations and in commercial facilities. The 
correction consists of the addition of two appendices that were 
inadvertently omitted.

DATES: All comments must be received by August 18, 2008.

FOR FURTHER INFORMATION CONTACT: Janet L. Blizard, Deputy Chief, 
Disability Rights Section, Civil Rights Division, U.S. Department of 
Justice, at (202) 307-0663 (voice or TTY). This is not a toll-free 
number. Information may also be obtained from the Department's toll-
free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 
(TTY).
    The text of this correction is also available in an accessible 
format on the ADA Home Page at https://www.ada.gov. You may obtain 
copies of the correction in large print or on computer disk by calling 
the ADA Information Line at the number listed above.

SUPPLEMENTARY INFORMATION:

Need for Correction

    The proposed rule published on June 17, 2008, inadvertently omitted 
two documents: Appendix A, which addresses major issues in the proposed 
ADA Standards for Accessible Design and Appendix B, which explains the 
methodology underlying the Department's regulatory impact analysis. 
Both appendices also respond to comments received in response to the 
Department of Justice's Advance Notice of Proposed Rulemaking (ANPRM) 
published on September 30, 2004, 69 FR 58768. This correction document 
will add the appendices to the appropriate places in the proposed rule.

Corrections

28 CFR Part 36 [Corrected]
    1. On page 34557, immediately after the amendment to Sec.  36.608 
redesignating that section as Sec.  36.607, and before the signature of 
the Attorney General, add Appendix A and Appendix B, to read as 
follows:
APPENDIX A TO PART 36: ANALYSIS OF THE PROPOSED STANDARDS
    The following document is a summary of the major substantive 
changes proposed for the scoping and technical requirements of the 1991 
Standards at 28 CFR pt. 36 adopted in 1991, as amended in 1994. The 
full text of the 2004 ADAAG is available for review on the Access 
Board's Web site, https://www.access-board.gov, along with a chart that 
shows the relationship between the 1991 Standards and the 2004 ADAAG.
    This summary addresses only the major substantive changes that are 
being proposed. Editorial changes are not discussed. Scoping and 
technical requirements are discussed together, where appropriate, for 
ease of understanding the requirements. In addition, this document 
addresses substantive public comments on specific changes to the 
proposed standards received by the Department in response to its 
September 2004 ANPRM. Comments received by the Access Board on the 
adoption process or on the overall scope of the proposed standards have 
been addressed in the preamble to this notice. Comments that did not 
raise major issues are not addressed here.

[[Page 37010]]

    The ANPRM issued by the Department concerning these proposed 
standards stated that comments received by the Access Board in response 
to its development of the guidelines upon which these proposed 
standards are issued would be considered in the development of this 
NPRM. Therefore, the Department will not restate here all of the 
comments and responses to them issued by the Access Board. The 
Department is supplementing the Access Board's comments and responses 
with substantive comments and responses in this notice. Comments and 
responses addressed by the Access Board that also were separately 
submitted to the Department will not be restated in their entirety 
here.

Analysis of Sections

Application and Administration

103 Equivalent Facilitation

    This section acknowledges that nothing in these requirements 
prevents the use of designs, products, or technologies as alternatives 
to those prescribed, provided they result in substantially equivalent 
or greater accessibility and usability.
    A commenter encouraged the Department to include a procedure for 
determining equivalent facilitation. The Department believes that the 
responsibility for determining and demonstrating equivalent 
facilitation properly rests with the covered entity. The purpose of 
allowing for equivalent facilitation is to encourage flexibility and 
innovation while still ensuring access. The Department believes that 
establishing potentially cumbersome bureaucratic provisions for 
reviewing requests for equivalent facilitation is inappropriate.

104 Conventions

    Proposed section 104.1.1, Construction and Manufacturing 
Tolerances, provides that all dimensions are subject to conventional 
industry tolerances except where the requirement is stated as a range 
with specific minimum and maximum end points. Section 104.1 notes that 
all dimensions not stated as a ``maximum'' or ``minimum'' are absolute 
and that all dimensions are ``subject to conventional industry 
tolerances.''
    Commenters requested that specific new construction allowances and 
tolerances be made for a variety of materials and designs required by 
the proposed standards. The Department believes that it is 
inappropriate for this agency to attempt to establish construction and 
manufacturing tolerances for every material, element, or design that 
may be used in new construction. Construction and manufacturing 
tolerances are best addressed by industry standards, where available, 
and are built into the specifications in the attached rules.
    Section 104.2 provides that where the required number of elements 
or facilities to be provided is determined by calculations of ratios or 
percentages and remainders or fractions result, the next greater whole 
number of such elements or facilities shall be provided. Where the 
determination of the required size or dimension of an element or 
facility involves ratios or percentages, rounding down for values less 
than one-half is permissible.
    A commenter stated that it is customary in the building code 
industry to round up rather than down for values less than one-half. As 
noted here, where the proposed standards provide for scoping, 
fractional calculations will be rounded to the next whole number. The 
Department is retaining the portion of section 104.2, Calculation of 
Percentages, that permits rounding down for values less than one-half 
where the determination of the required size or dimension of an element 
or facility involves ratios or percentages. Such practice is standard 
with the industry, and is in keeping with model building codes.

105 Referenced Standards

    Section 105 lists the industry requirements that will be referenced 
in the proposed standards. This section also clarifies that where there 
is a difference between a provision of the proposed standards and the 
referenced requirements, the provision of the proposed standards 
applies.
    Commenters noted that the National Fire Protection Association's 
(NFPA) referenced standard for fire alarms at section 105.2.5 is based 
on the NFPA 72 1999 or 2002 edition. The commenters recommended editing 
the final standards to require compliance with the edition of NFPA that 
is most recent because it is likely that the NFPA will amend its 
standards prior to the issuance of final ADA Standards.
    The rules that govern the publication of regulations that 
incorporate private standards by reference require federal agencies to 
adopt specific editions of the referenced code that are in existence at 
the time of issuance of the rules. The Department anticipates that the 
Access Board will periodically update the ADAAG references. Until then, 
the Department will retain the reference contained in the 2004 ADAAG.

106 Definitions

    Various definitions will be added to the proposed standards and 
some current definitions will be dropped.
    One commenter asked that the term public right-of-way be defined; 
others asked that various terms and words defined by the 1991 
Standards, and that were eliminated from the proposed standards, and 
other words and terms newly used in the proposed standards be defined.
    The Department believes that it is not necessary to add definitions 
to this text because the proposed regulation at section 106.3 provides 
that the meanings of terms not specifically defined in the proposed 
standards, in the Department's regulation, or in referenced standards 
are to be defined by collegiate dictionaries in the sense that the 
context implies. The Department believes that this provision adequately 
addresses these commenter's issues.

Scoping and Technical Requirements

202 Existing Buildings and Facilities

    Alterations to Primary Function Areas. A new provision at section 
202.4 merely restates a current requirement under Title III, and 
therefore represents no change for Title III facilities or for those 
Title II facilities that currently have elected to comply with the 1991 
Standards. However, under the revised provisions, state and local 
government facilities that currently elect to comply with UFAS instead 
of the 1991 Standards will no longer have that option, and thus will 
now be subject to the path of travel requirements. The path of travel 
requirement provides that when a primary function area of an existing 
facility is altered, the path of travel to that area (including rest 
rooms, telephones, and drinking fountains serving the area) must also 
be made accessible, but only to the extent that the cost of doing so 
does not exceed twenty percent (20%) of the cost of the alterations to 
the primary function area. The UFAS requirements for a substantial 
alteration, though different, may have covered some of the items that 
will now be covered by the path of travel requirement.
    Visible Alarms in Alterations to Existing Facilities. The 1991 
Standards at sections 4.1.3(14), and 4.1.6(1) and (b), and proposed 
sections 202.3 and 215.1, Exception require that when existing elements 
and spaces of a facility are altered, the alterations must comply with 
new construction requirements. The proposed regulations add a new 
exception to the scoping requirement for visible alarms in

[[Page 37011]]

existing facilities that will provide that visible alarms must be 
installed only when an existing fire alarm system is upgraded or 
replaced, or a new fire alarm system is installed.
    Commenters urged the Department not to include the exception 
because it will make the safety of individuals with disabilities 
dependent upon the varying age of existing fire alarm systems. Other 
commenters suggested that including this section, even with the 
exception, will result in significant cost to building owners and 
operators.
    The Department believes that the language adopted by the Access 
Board strikes a reasonable balance between the interests of individuals 
with disabilities and those of the business community. If undertaken at 
the time a system is installed whether in a new facility or in a 
planned system upgrade, the cost of adding visible alarms is 
reasonable. Over time, existing facilities will become fully accessible 
to individuals who are deaf or hard of hearing, and will add minimal 
costs to owners and operators.

203 General Exceptions

    Limited Access Spaces and Machinery Spaces. The 1991 Standards at 
section 4.1.1 contains an exception that exempts ``nonoccupiable'' 
spaces that have limited means of access, such as ladders or very 
narrow passageways, and that are visited only by service personnel for 
maintenance, repair, or occasional monitoring of equipment from all 
accessibility requirements. The proposed standards at sections 203.4 
and 203.5 expand this exception by removing the condition that the 
exempt spaces be ``nonoccupiable,'' and by separating the other 
conditions into two independent exceptions: one for spaces with limited 
means of access, and the other for machinery spaces. More spaces are 
exempted by the proposed changes to the exception.
    Employee Work Areas. Section 215.3 of the proposed standards 
provides that employee work areas in newly constructed facilities are 
required to have wiring systems that are capable of supporting visible 
alarms. The 1991 Standards, section 4.1.1(3), require visible alarms to 
be provided where fire alarm systems are provided, but do not require 
areas used only by employees as work areas to be equipped with 
accessibility features. As applied to office buildings, the 1991 
Standards require visible alarms to be provided in public and common 
use areas such as hallways, conference rooms, break rooms, and 
restrooms, where fire alarm systems are provided.
    Commenters asserted that the requirements of section 215.3 of the 
proposed standards would be burdensome to meet. These commenters also 
raised concerns that all employee work areas within existing buildings 
and facilities must be equipped with accessibility features.
    The commenters' concerns about section 215.3 represent a 
misunderstanding of the requirements applicable to employee work areas. 
Newly constructed buildings and facilities merely are required to 
provide wiring for visible alarm systems that can be added as needed to 
accommodate employees who are deaf or hard of hearing. This is a 
minimum requirement without significant impact.
    The other issue in the comments represents a misunderstanding of 
the Department's existing regulatory requirements. Employee common use 
areas in covered facilities (e.g., locker rooms, break rooms, 
cafeterias, toilet rooms, and corridors to exits, and other common use 
spaces) are required to be accessible under the 1991 Standards; areas 
in which employees are actually performing their jobs are required to 
enable a person using a wheelchair or mobility device to approach, 
enter, and exit the area. The proposed rule will require increased 
access through the circulation path requirement discussed below, but 
neither the 1991 Standards nor the proposed standards would require 
employee work stations to be accessible. Access to specific employee 
work stations would be governed by Title I of the ADA.
    Common Use Circulation Paths in Employee Work Areas. The 1991 
Standards at section 4.1.1(3), and the proposed standards at sections 
203.9; 206.2.8, Exceptions 1, 2, and 3; 402.1; 402.2; 403.5; 405.5; and 
405.8 will require employee work areas to be designed and constructed 
so that individuals with disabilities can approach, enter, and exit the 
areas. The ADA, 42 U.S.C. 12112 (b)(5)(A) and (B), requires employers 
to make reasonable accommodations in the workplace for individuals with 
disabilities, which may include modifications to work areas when 
needed. Providing increased access to the facility at the time of 
construction or alteration will simplify the process of providing 
reasonable accommodations when they are needed. The requirement will 
not apply to existing facilities pursuant to the readily achievable 
barrier removal requirement. The Department has consistently held that 
barrier removal requirements do not apply to exclusively employee areas 
because the purpose of Title III is to ensure that access is provided 
to clients and customers. See 28 CFR pt. 36, App. B.
    The proposed standards will require common use circulation paths 
within employee work areas to comply with the technical requirements 
for accessible routes, subject to several exceptions that exempt common 
use circulation paths in employee work areas where it may be difficult 
to comply with the technical requirements for accessible routes due to 
the size or function of the area:
     Employee work areas, or portions of employee work areas, 
that are less than 300 square feet and are elevated 7 inches or more 
above the ground or finish floor, where elevation is essential to the 
function of the space, are exempt.
     Common use circulation paths within employee work areas 
that are less than 1,000 square feet and are defined by permanently 
installed partitions, counters, casework, or furnishings are exempt. 
Kitchens in quick service restaurants, cocktail bars, and the employee 
side of service counters are frequently covered by this exception.
     Common use circulation paths within employee work areas 
that are an integral component of equipment are exempt. Common use 
circulation paths within large pieces of equipment in factories, 
electric power plants, and amusement rides are covered by this 
exception.
     Common use circulation paths within exterior employee work 
areas that are fully exposed to the weather are exempt. Farms, ranches, 
and outdoor maintenance facilities are covered by this exception.
    The proposed changes also contain exceptions to the technical 
requirements for accessible routes:
     Machinery and equipment are permitted to reduce the clear 
width of common use circulation paths where it is essential to the 
function of the work performed. Machinery and equipment that must be 
placed a certain way to work properly, or for ergonomics or to prevent 
workplace injuries are covered by this exception.
     Handrails are not required on ramps, provided they can be 
added in the future.
    Commenters stated that the proposed standards for common use 
circulation paths in employee work areas are inappropriate, 
particularly in kitchens, storerooms, and behind cocktail bars where 
wheelchairs would not be easily accommodated. These commenters further 
urged the Department not to adopt a requirement that circulation paths 
in employee work areas be at least 36 inches wide, including those at 
emergency exits.

[[Page 37012]]

    The Department believes that the commenters misunderstand the scope 
of this provision. Nothing in the rule requires all circulation paths 
in non-exempt areas to be accessible. The Department recognizes that 
building codes and fire and life safety codes, which are adopted by all 
the States, require primary circulation paths in facilities, including 
employee work areas, to be at least 36 inches wide for purposes of 
emergency egress. Accessible routes also are at least 36 inches wide, 
therefore, the Department anticipates that covered entities will be 
able to satisfy the requirement to provide accessible circulation paths 
by ensuring that their required primary circulation paths are 
accessible.
    Individual employee work stations, such as a grocery checkout 
counter or an automobile service bay designed for use by one person, do 
not contain common use circulation paths and are not required to 
comply. Other work areas, such as stockrooms that typically have narrow 
pathways between shelves would be required to design only one 
accessible circulation path into the stockroom. It would not be 
necessary to make each circulation path in the room accessible.
    In addition, the proposed standards include exceptions for common 
use circulation paths in employee work areas where it may be difficult 
to comply with the technical requirements for accessible routes due to 
the size or function of the areas. The Department believes that these 
exceptions will provide the flexibility necessary to ensure that this 
requirement does not interfere with legitimate business operations.

205 and 309 Operable Parts

    Sections 4.1.3, and more specifically 4.1.3(13), 4.27.3, and 4.27.4 
of the 1991 Standards require operable parts on accessible elements, 
along accessible routes, and in accessible rooms and spaces to comply 
with the technical requirements for operable parts, including height 
and operation. The 1991 Standards at section 4.27.3 contain an 
exception that exempts ``special equipment [that] dictates otherwise,'' 
and electrical and communications systems receptacles not intended for 
use by building occupants from the technical requirement for the height 
of operable parts. The proposed changes divide this exception into 
three exceptions covering operable parts intended only for use by 
service or maintenance personnel; electrical or communication 
receptacles serving a dedicated use; and floor electrical receptacles. 
Operable parts covered by these new exceptions are exempt from all the 
technical requirements for operable parts. The proposed changes add 
exceptions that exempt certain outlets at kitchen counters; HVAC 
diffusers; and redundant controls provided for a single element, other 
than light switches, from the technical requirements for operable 
parts. The proposed changes also exempt gas pump nozzles from the 
technical requirement for activating force at section 309.4.
    Reach Ranges. The 1991 Standards set the height for the maximum 
side reach at 54 inches. The proposed standards at section 308.3 lower 
that maximum height to 48 inches. The proposed standards also add 
exceptions for certain elements to the scoping requirement for operable 
parts.
    The 1991 Standards at sections 4.1.3; 4.27.3; and 4.2.6, and the 
proposed standards at sections 205.1; 228.1; 228.2; 309.3; 308.3; 
308.3.1, Exception 2; and 308.3.2 require operable parts of accessible 
elements, along accessible routes, and in accessible rooms and spaces 
to be placed within a forward or side reach. The proposed standards 
also require at least one of each type of depositories, vending 
machines, change machines, and gas pumps, and at least 5 percent of 
mailboxes provided in an interior location to meet the technical 
requirements for a forward or side reach.
    The 1991 Standards specify a maximum 54 inch high side reach and a 
minimum 9 inch low side reach for a reach depth of 10 inches maximum. 
The proposed standards specify a maximum 48 inch high side reach and a 
minimum 15 inch low side reach for an unobstructed reach, and a maximum 
48 inch high side reach for a reach depth of 10 inches maximum over an 
obstruction 34 inches maximum in height. Changing the side reach will 
affect a variety of building elements such as light switches, 
electrical outlets, thermostats, fire-alarm pull stations, card 
readers, and keypads.
    Commenters were divided in their views on the change to the reach 
range requirements. Disability advocacy groups and others, including 
individuals of short stature, supported the modifications to the 
proposed reach range requirements. Other commenters asserted that the 
proposed reach range requirements will be burdensome for small 
businesses to comply with and asked the Department to consider 
retaining 1991 requirements. These comments argued that the proposed 
reach range requirements restrict design options, especially in 
residential housing.
    The Department believes that data provided by advocacy groups and 
others provides compelling evidence that lowered reach range 
requirements will serve significantly greater numbers of individuals 
with disabilities, including individuals of short stature, people with 
limited upper body strength, and others with limited use of their arms 
and fingers. This proposal was developed by the Access Board over a 
prolonged period in which there was extensive public participation. 
This process did not produce any significant data to indicate that 
applying this requirement in new construction or during alterations 
would impose a significant burden.

206 and 402 Accessible Routes

    Slope. The proposed standards provide that the running slope of 
walking surfaces have cross slopes that shall not be steeper than 1:48. 
The 1991 Standards' cross slope requirement is 1:50.
    A commenter recommended increasing the cross slope requirement to 
allow a maximum of \1/2\ inch per foot (1:24) to prevent imperfections 
in concrete surfaces from ponding water.
    The requirement that a cross slope shall not be steeper than 1:48 
adequately provides for water drainage in most situations. Changes to 
the specifications suggested would double the allowable cross slope and 
create a significant impediment for many wheelchair users, and others 
with mobility impairments. Therefore, the Department declines to accept 
this recommendation.
    Accessible Routes from Site Arrival Points and Within Sites. The 
1991 Standards at sections 4.1.2(1) and (2) and the proposed changes at 
sections 206.2.1 Exception 2; and 206.2.2 Exception require, where 
provided, that at least one accessible route be provided from site 
arrival points to an accessible building entrance, and at least one 
accessible route connect accessible facilities on the same site. The 
proposed standards also add two exceptions that exempt site arrival 
points and accessible facilities within a site from the accessible 
route requirements where the only means of access between them is a 
vehicular way that does not provide pedestrian access.
    Comments urged the Department to eliminate the exception that 
exempts site arrival points and accessible facilities from the 
accessible route requirements where the only means of access between 
them is a vehicular way not providing pedestrian access. The Department 
declines to accept this recommendation because the

[[Page 37013]]

Department believes that its use will be limited. If it can be 
reasonably anticipated that the route between the site arrival point 
and the accessible facilities will be used by pedestrians, regardless 
of whether a pedestrian route is provided, then this exception will not 
apply. It will apply only in the relatively rare situations where the 
route between the site arrival point and the accessible facility 
dictates vehicular access--for example, an office complex on an 
isolated site that has a private access road, or a self-service storage 
facility where all users are expected to drive to their storage units.
    Another commenter suggested that the language of section 406.1, 
General, is confusing because it states that curb ramps on accessible 
routes shall comply with the guidelines, and that the 1991 Standards 
provide that curb ramps shall be provided wherever an accessible route 
crosses a curb.
    The Department declines to change this language because the change 
is purely editorial, resulting from the overall changes in the format. 
It does not change the substantive requirement. Under the revised 
format, all elements within a required accessible route must be 
accessible; therefore, if the accessible route crosses a curb, a curb 
ramp must be provided.
    Limited-use/Limited-application Elevators and Private Residence 
Elevators. The 1991 Standards at sections 4.1.3(5), Exception 1, and 
the proposed standards at sections 206.2.3, Exception 1 and 2; and 
206.6, Exception 1 and 2 include exceptions to the scoping requirement 
for accessible routes that exempt certain facilities from connecting 
each story with an elevator. If a facility is exempt from the scoping 
requirement, but nonetheless installs an elevator, the 1991 Standards 
require the elevator to comply with the technical requirements for 
elevators. The proposed standards add a new exception that allows a 
facility that is exempt from the scoping requirement to install a 
limited-use/limited-application (LULA) elevator. LULA elevators are 
permitted as an alternative to platform lifts. The proposed standards 
also add a new exception that permits private residence elevators in 
multi-story dwelling and transient lodging units. The proposed 
standards contain technical requirements for LULA elevators and private 
residence elevators.
    A commenter questioned the value of permitting LULA elevators 
because, as was claimed, these elevators often are unreliable. LULAs 
are smaller than other elevators and have limited travel distance. They 
are in all other respects subject to the same safety and reliability 
standards as other elevators. The Department believes that because 
LULAs will be permitted only in situations where accessible vertical 
access is not now required, their use will not diminish required access 
and may, in fact, encourage covered entities to provide vertical access 
in situations where it is not now being provided.
    Accessible Routes to Tiered Dining Areas in Sports Facilities. The 
1991 Standards at sections 4.1.3(1) and 5.4 and the proposed changes at 
section 206.2.5 and Exception 3 require an accessible route to be 
provided to all dining areas in new construction, including raised or 
sunken dining areas. The proposed standards will add a new exception 
for tiered dining areas in sports facilities. Dining areas in sports 
facilities are typically integrated into the seating bowl and are 
tiered to provide adequate lines of sight for individuals with 
disabilities. The new exception requires an accessible route to be 
provided to at least 25 percent of the tiered dining areas in sports 
facilities. Each tier must have the same services and the accessible 
route must serve the accessible seating.
    Accessible Routes to Press Boxes. The 1991 Standards at sections 
4.1.1(1) and 4.1.3(1) cover all areas of newly constructed facilities 
required to be accessible, and an accessible route to connect 
accessible entrances with all accessible spaces and elements within the 
facility. Section 201.1 of the proposed standards requires that all 
areas be accessible. The proposed changes at sections 206.2.7(1) and 
(2) add two exceptions that exempt small press boxes that are located 
on bleachers with entrances on only one level, and small press boxes 
that are free-standing structures elevated more than 12 feet, from the 
accessible route requirement when the aggregate area of all press boxes 
in a sports facility does not exceed 500 square feet. The Department 
anticipates that this change will significantly reduce the economic 
impacts on smaller sports facilities, such as those associated with 
high schools or community colleges.
    Entrances. The 1991 Standards at sections 4.1.3(8), (a)(i), and 
(a)(ii); and 4.1.6(1)(h) require at least fifty percent (50%) of public 
entrances to be accessible. Additionally, the 1991 Standards require 
the number of accessible public entrances to be equivalent to the 
number of exits required by applicable building and fire codes. With 
very few exceptions, building and fire codes require at least two exits 
to be provided from spaces within a building and from the building 
itself. Therefore, under the 1991 Standards where two public entrances 
are planned in a newly constructed facility, both entrances must be 
accessible.
    Instead of requiring accessible entrances based on the number of 
public entrances provided or the number of exits required (whichever is 
greater), section 206.4.1 of the proposed standards will require at 
least sixty percent (60%) of public entrances to be made accessible. 
The revision is intended to achieve the same result as the 1991 
Standards. Thus, under the proposed standards where two public 
entrances are planned in a newly constructed facility, both entrances 
must be accessible.
    Where multiple public entrances are planned to serve different site 
arrival points, the 1991 Standards at section 4.1.2(1) and section 
206.2.1 of the proposed standards require at least one accessible route 
to be provided from each type of site arrival point provided, including 
accessible parking spaces, accessible passenger loading zones, public 
streets and sidewalks, and public transportation stops, to an 
accessible public entrance that serves the site arrival point.
    The U.S. Small Business Administration Office of Advocacy and other 
comments recommended retaining the 1991 requirement for fifty percent 
(50%) of public entrances of covered entities to be accessible. These 
commenters also raised concerns about the impact upon existing 
facilities.
    The Department believes that these commenters misunderstand the 
1991 Standards. As explained above, the current requirements generally 
require more than fifty percent (50%) of entrances in small facilities 
to be accessible. Model codes require that most buildings have more 
than one means of egress, thus, most buildings have more than one 
entrance, and now these buildings must have more than one accessible 
entrance. Requiring at least sixty percent (60%) of public entrances to 
be accessible is not expected to result in a substantial increase in 
the number of accessible entrances compared to the current 
requirements. The 1991 Standards and the proposed standards also 
contain exceptions that limit the number of accessible entrances 
required in alterations to existing facilities. When entrances in an 
existing facility are altered and the facility has an accessible 
entrance, the entrance being altered is not required to be accessible, 
unless a primary function area also is altered and then an accessible 
path of travel must be provided to the primary function area to

[[Page 37014]]

the extent the cost is not disproportionate. The Department anticipates 
retaining the requirement for accessible entrances. However, in order 
to ensure the Department is fully informed about the potential results 
of retaining the requirement, the Department is asking for detailed 
comments about this issue.
    Alterations to Existing Elevators. When a single space or element 
is altered, the 1991 Standards at sections 4.1.6(1)(a) and (b) require 
the space or element to be made accessible. When an element in one 
elevator is altered, the proposed standards at section 206.6.1 will 
require the same element to be altered in all elevators that are 
programmed to respond to the same call button as the altered elevator.
    The proposed standards at sections 407.2.1 Exception--407.4.7.1.2 
Exception also contain exceptions to the technical requirements for 
elevators when existing elevators are altered that further minimize the 
impact of the revision:
     Existing elevators are permitted to have recessed call 
buttons.
     Existing call buttons and keypads are permitted to be 
located at 54 inches above the finish floor, measured to the centerline 
of the highest operable part.
     Existing call buttons are not required to be \3/4\ inch 
minimum in the smallest dimension.
     Existing call buttons are not required to have visible 
signals to indicate when each call is registered and when each call is 
answered.
     A visible and audible hall signal is not required to be 
provided at the hoistway entrance of existing elevators to indicate the 
direction of car travel.
     Existing visible hall signals are not required to be 
centered at 72 inches minimum above the finish floor and 2\1/2\ inches 
minimum measured along the centerline of the element.
     Existing hall signals are not required to meet the 
requirements for frequency and range of audible signals.
     Existing manually operated hoistway swing doors are 
permitted if the door opening provides a clear width of 32 inches 
minimum, and the force for pushing or pulling open the door is 5 pounds 
maximum.
     Existing manually operated doors are not required to 
provide a reopening device that automatically stops and reopens the car 
door and hoistway door if the doors are obstructed by an object or a 
person.
     A power operated car door with a door opening that 
provides a clear width of 32 inches minimum is permitted in an existing 
elevator.
     Existing elevator car configurations that provide a clear 
floor area of 16 square feet, and provide 54 inches minimum inside 
clear depth and 36 inches minimum clear width are permitted.
     Where a new car operating panel with accessible elevator 
car controls and tactile markings is provided in an existing elevator, 
existing car operating panels are not required to be made accessible.
     Existing car control buttons with floor designations are 
permitted to be located 54 inches maximum above the finish floor where 
a parallel approach is provided.
     Existing car control buttons with floor designations are 
permitted to be recessed.
     Where space on an existing car operating panel precludes 
the placement of tactile markings immediately to the left of the 
control button, the markings are permitted to be placed as near to the 
control button as possible.
    Commenters expressed concerns about the requirement that when an 
element in one elevator is altered, the proposed standards at section 
206.6.1 will require the same element to be altered in all elevators 
that are programmed to respond to the same call button as the altered 
elevator. Commenters noted that such a requirement is burdensome and 
will result in costly efforts without significant benefit to 
individuals with disabilities.
    The Department believes that this requirement is necessary to 
ensure that when an individual with a disability presses a call button, 
an accessible elevator will arrive. The Department believes that the 
effort required to meet this provision is minimal in the majority of 
situations, and the benefit to individuals with disabilities not having 
to wait unnecessarily for an accessible elevator to make its way to 
them arbitrarily outweighs any minor burden of programming 
corresponding elevators.
    Elevator Leveling. Section 407.4.4, Leveling, provides that each 
car must automatically level to \1/2\ inch at floor landings.
    Accessible Routes in Dwelling Units with Mobility Features. The 
UFAS, at sections 4.34.1 and 4.34.2, require the living area, kitchen 
and dining area, bedroom, bathroom, and laundry area where provided in 
dwelling units with mobility features to be on an accessible route. 
Where dwelling units have two or more bedrooms, at least two bedrooms 
are required to be on an accessible route.
    The proposed changes at sections 233.3.1.1, 809.1; 809.2; 809.2.1 
and 809.4 will require all spaces and elements within dwelling units 
with mobility features to be on an accessible route. These proposed 
changes exempt unfinished attics and unfinished basements from the 
accessible route requirement. These proposed changes also include an 
exception to the dispersion requirement that permits single-story 
dwelling units or ``flats'' to be constructed, where multi-story 
dwelling units are provided. A ``flat'' eliminates the need to provide 
a residential elevator or platform lift to connect stories.
    Location of Accessible Routes. The 1991 Standards, section 
4.3.2(1), require accessible routes connecting site arrival points and 
accessible building entrances to coincide with general circulation 
paths, to the maximum extent feasible. The proposed regulation requires 
all accessible routes to coincide with or be located in the same 
general area as general circulation paths. Additionally, a new 
provision specifies that where a circulation path is interior, the 
required accessible route must also be located in the interior of the 
facility, where general circulation paths are located in the interior 
of the facility. The revision affects a limited number of buildings. 
The proposed changes at section 206.3 will explicitly require all 
accessible routes to coincide with or be located in the same general 
area as general circulation paths. Designing newly constructed interior 
accessible routes to coincide with or to be located in the same area as 
general circulation paths will not typically present a difficult design 
challenge and is expected to impose limited design constraints. The 
revision will have no impact on exterior accessible routes. The 1991 
Standards and proposed standards also require accessible routes to be 
located in the interior of the facility, where general circulation 
paths are located in the interior of the facility. The revision affects 
a limited number of buildings.
    Location of Accessible Routes to Stages. The 1991 Standards at 
section 4.33.5 require an accessible route to connect the accessible 
seating and the performing area. Proposed section 206.2.6 will require 
the accessible route to directly connect the seating area and the 
accessible seating, stage, and all areas of the stage, where a 
circulation path directly connects the seating area and the stage. The 
1991 Standards require and the proposed changes also will require an 
accessible route to connect the stage and ancillary areas used by 
performers such as dressing rooms. The proposed standards do not

[[Page 37015]]

require an additional accessible route to be provided to the stage. 
Rather, the changes specify where the accessible route to the stage, 
which is required by the 1991 Standards, must be located.

207 Accessible Means of Egress

    General. The 1991 Standards at sections 4.1.3(9); 4.1.6(1)(g); and 
4.3.10 establish scoping and technical requirements for accessible 
means of egress. The proposed changes at section 207.1, Exception 1 
reference the International Building Code for scoping and technical 
requirements for accessible means of egress. Relevant proposed sections 
include 216.4.
    The 1991 Standards require the same number of accessible means of 
egress to be provided as the number of exits required by applicable 
building and fire codes. The International Building Code (IBC) requires 
at least one accessible means of egress and at least two accessible 
means of egress where more than one means of egress is required by 
other sections of the code. The proposed changes are expected to have 
minimal impact since the model fire and life safety codes, which are 
adopted by all the States, contain equivalent requirements with respect 
to the number of accessible means of egress.
    The 1991 Standards require areas of rescue assistance or horizontal 
exits in facilities with levels above or below the level of exit 
discharge level. Areas of rescue assistance are spaces that have direct 
access to an exit, stair, or enclosure where individuals who are unable 
to use stairs can go to call for assistance and wait for evacuation. 
The proposed standards will now incorporate the requirements 
established by the IBC. The IBC requires an evacuation elevator 
designed with standby power and other safety features that can be used 
for emergency evacuation of individuals with disabilities in facilities 
with four or more stories above or below the exit discharge level, and 
allows exit stairways and evacuation elevators to be used as an 
accessible means of egress in conjunction with areas of refuge or 
horizontal exits. The proposed change is expected to have minimal 
impact since the model fire and life safety codes, adopted by most 
States, already contain parallel requirements with respect to 
evacuation elevators.
    The 1991 Standards exempt facilities equipped with a supervised 
automatic sprinkler system from providing areas of rescue assistance, 
and also exempt alterations to existing facilities from providing an 
accessible means of egress. The IBC exempts buildings equipped with a 
supervised automatic sprinkler system from certain technical 
requirements for areas of refuge, and also exempts alterations to 
existing facilities from providing an accessible means of egress.
    The proposed standards will require signs that provide direction to 
or information about functional spaces to meet certain technical 
requirements. The proposed standard at section 216.4 addresses exit 
signs. This section requires exit signs at doors to be raised with 
Braille characters, and also requires directional exit signs and signs 
at areas of refuge to have appropriate visual characteristics. This 
section is consistent with the requirements of the IBC. Signs used for 
means of egress are covered by this scoping requirement. The proposed 
requirements specifically identify signs used for means of egress and 
require the signs to meet certain technical requirements.
    Standby Power for Platform Lifts. The proposed regulations at 
section 207.2 will require standby power to be provided for platform 
lifts that are permitted to serve as part of an accessible means of 
egress by the IBC. The IBC permits platform lifts to serve as part of 
an accessible means of egress in a limited number of places where 
platform lifts are allowed in new construction. The 1991 Standards and 
the proposed regulations similarly limit the places where platform 
lifts are allowed in new construction. ADAAG 4.1.3(5) Exception 4(a) 
through (d); sections 206.7.1 through 206.7.10 of the proposed 
regulations.
    Commenters urged the Department to reconsider provisions that would 
require standby power to be provided for platform lifts. Concerns were 
raised that ensuring standby power is too burdensome. The Department 
views this issue as a fundamental life safety issue. Lift users face 
the prospect of being trapped on the lift in the event of a power 
failure if standby power is not provided. The lack of standby power 
could be life-threatening in situations where the power failure is 
associated with a fire or other emergency. The use of a platform lift 
is generally only one of the options available to covered entities. 
Covered entities that are concerned about the costs associated with 
maintaining standby power for a lift may wish to explore design options 
that would permit the use of a ramp.

208 and 502 Parking Spaces

    General. Where parking spaces are provided, the proposed standards 
at sections 4.1.2(5)(a) and (7) and 7(a), and the proposed changes at 
section 208.1 and Exception require a specified number of the parking 
spaces to be accessible. The proposed changes add a new exception that 
exempts parking spaces used exclusively for buses, trucks, delivery 
vehicles, law enforcement vehicles, or for purposes of vehicular 
impound from the scoping requirement for parking spaces. If a lot 
containing parking spaces for these vehicles is used by the public, the 
lot is required to have an accessible passenger loading zone.
    The proposed standards require accessible parking spaces to be 
identified by signs that display the International Symbol of 
Accessibility. At section 216.5 and Exceptions 1 and 2 new changes will 
add two new exceptions that exempt accessible parking spaces from the 
signage requirement. The first exception exempts sites that have four 
or fewer parking spaces from the signage requirement. The second 
exception exempts residential facilities where parking spaces are 
assigned to specific dwelling units from the signage requirement.
    Commenters stated that the first exception, by allowing a parking 
lot with four or fewer spaces not to post a sign at its one accessible 
space, is problematic because it could allow all drivers to park in 
accessible parking spaces. The Department believes that this exception 
provides necessary relief for small business entities that may 
otherwise face the prospect of having between twenty-five percent (25%) 
and one hundred percent (100%) of their limited parking area 
unavailable to their customers because it is reserved for the exclusive 
use of persons with accessible tags or parking placards. The proposed 
standards still require these businesses to ensure that at least one of 
their available spaces is designed to be accessible.
    A commenter stated that accessible parking spaces must be clearly 
marked. The Department notes that section 502.6, Identification, 
provides that parking spaces must be identified by signs that include 
the International Symbol of Accessibility. Additional signs are 
required to identify van accessible spaces. Also, section 502.3.3, 
Marking, requires that access aisles are to be marked so as to 
discourage parking in them.
    Access Aisle. The advisory note accompanying section 502.3 provides 
that it is preferable that the accessible route connecting parking 
spaces to accessible entrances not pass behind parked vehicles.
    Commenters questioned why this advisory note would permit the 
placement of individuals with disabilities in the path of moving

[[Page 37016]]

vehicles. The Department believes that the proposed standards 
appropriately recognize that not all parking facilities provide 
separate pedestrian routes. Section 502.3 provides the flexibility 
necessary to permit designers and others to determine the most 
appropriate location of the access route in connection to the 
accessible entrances. If all pedestrians using the parking facility are 
expected to share the vehicular lanes, then the ADA permits covered 
entities to use the vehicular lanes as part of the accessible route. 
The advisory note, however, calls attention to the fact that this 
practice, while permitted, is not ideal. Accessible parking spaces must 
be located on the shortest accessible route of travel to the facility's 
entrance. Accessible parking spaces and the required accessible route 
should be located where individuals with disabilities do not have to 
cross vehicular lanes or pass behind parked vehicles to have access to 
the entrance. If it is necessary to cross a vehicular lane because, for 
example, local fire engine access requirements prohibit parking 
immediately adjacent to a building, then a marked crossing should be 
used as part of the accessible route to the entrance.
    Van Accessible Parking Spaces. The 1991 standards at sections 
4.1.2(5)(b), 4.6.3; 4.6.4; and 4.6.5 require one in every eight 
accessible parking spaces to be van accessible. Proposed changes will 
require one in every six accessible parking spaces to be van 
accessible.
    A commenter asked whether automobiles other than vans may use van 
accessible parking spaces. The ADA regulations do not prohibit 
automobiles other than vans from using van accessible parking spaces. 
The Department does not distinguish between automobiles that are actual 
``vans'' versus other vehicles such as trucks, station wagons, SUVs, or 
other automobiles because many vehicles other than vans may be used by 
individuals with disabilities to transport mobility devices.
    Commenters' opinions were divided on this proposal. Facility 
operators and others asked for a reduction in the number of required 
accessible parking spaces, especially the number of van accessible 
parking spaces because they claimed these spaces often are not used. 
Individuals with disabilities, however, requested an increase in the 
scoping requirements for these parking spaces.
    The Department is aware that a strong difference of opinion exists 
between those who use such spaces and those who must provide or 
maintain them. Therefore, the Department is not proposing to increase 
the total number of accessible spaces. The only change that is being 
proposed is to increase the proportion of spaces that must be 
accessible to vans and other vehicles equipped to transport mobility 
devices.
    Direct Access Entrances from Parking Structures. Where levels in a 
parking garage have direct connections for pedestrians to another 
facility, the 1991 Standards, 4.1.3(8)(b)(i), require at least one of 
the direct connections to be accessible. The proposed changes at 
section 206.4.2 require all of the direct connections to be accessible.

209 and 503 Passenger Loading Zones and Bus Stops

    Passenger Loading Zones at Medical Care and Long-term Care 
Facilities. Sections 6.1 and 6.2 of the 1991 Standards and proposed 
section 209.3 require medical care and long-term care facilities, where 
the period of stay exceeds 24 hours, to provide at least one passenger 
loading zone at an accessible entrance. The 1991 Standards also require 
a canopy or roof overhang at the passenger loading zone. The proposed 
standards will not require a canopy or roof overhang.
    Commenters urged the Department to reinstate the existing 
requirement for a canopy or roof overhang at passenger loading zones at 
medical care and long-term care facilities. While the Department 
recognizes that a canopy or roof overhang may afford useful protection 
from inclement weather conditions to everyone using a facility, it is 
not clear that the absence of such protection would impede access by 
individuals with disabilities. Therefore, the Department declines to 
reinstate that requirement.
    Passenger Loading Zones. Where passenger loading zones are 
provided, the 1991 Standards, at sections 4.1.2(5) and 4.6.6, require 
at least one passenger loading zone to be accessible. The proposed 
changes at sections 209.2.1, 503.2, 503.3, 503.3.1, 503.3.2, 503.3.3, 
and 503.4 Exception, will require facilities such as airport passenger 
terminals that have long, continuous passenger loading zones to provide 
one accessible passenger loading zone in every continuous 100 linear 
feet of loading zone space. The 1991 Standards and the proposed 
standards include technical requirements for the vehicle pull-up space 
(96 inches wide minimum and 20 feet long minimum). Accessible passenger 
loading zones must have an access aisle that is 60 inches wide minimum 
and extends the full length of the vehicle pull-up space. The 1991 
Standards provide that the access aisle may be on the same level as the 
vehicle pull-up space, or on the sidewalk with a curb ramp. The 
proposed changes will require the access aisle to be on the same level 
as the vehicle pull-up space and to be marked so as to discourage 
parking in the access aisle.
    Commenters expressed concern that certain covered entities, 
particularly airports, cannot accommodate the proposed requirements to 
provide passenger loading zones, and urged a revision that would 
require one passenger loading zone located in reasonable proximity to 
each building entrance served by the curb.
    Commenters raised a variety of issues about the requirements at 
section 503 stating that the requirements for an access aisle, width, 
length, and marking of passenger loading zones are not clear and do not 
fully meet the needs of individuals with disabilities, and stated that 
these requirements may run afoul of state or local requirements, or may 
not be needed because many passenger loading zones are typically 
staffed by doormen or valet parkers. The wide range of opinions 
expressed in these comments indicates that this provision is 
controversial. However, none of these comments provides sufficient data 
to enable the Department to determine that the requirement is not 
appropriate.
    Valet Parking and Mechanical Access Parking Garages. The 1991 
Standards, sections 4.1.2(5)(a) and (e), and the proposed changes, 
sections 208.2, 209.4, and 209.5 require parking facilities that 
provide valet parking services to have an accessible passenger loading 
zone. The proposed standards will extend this requirement to mechanical 
access parking garages. The 1991 Standards contain an exception that 
exempts valet parking facilities from providing accessible parking 
spaces. The proposed standards also will eliminate this exception. The 
reason for not retaining the provision is that valet parking is a 
service, not a facility type.
    Commenters questioned why the exception for valet parking 
facilities from providing accessible parking spaces is being 
eliminated. The provision is being eliminated because valet parkers may 
not have the skills necessary to drive a vehicle that is equipped to be 
accessible, including use of hand controls, or when a seat is not 
present to accommodate a driver using a wheelchair. In that case, 
permitting the individual with a disability to self-park may be a 
required reasonable modification of policy for a covered entity.

210 and 504 Stairways

    The 1991 Standards provide that stairs are required to be 
accessible only when they provide access to floor levels

[[Page 37017]]

not otherwise connected by an accessible route (e.g., an elevator, 
lift, or ramp). The proposed standards at sections 210.1 and 504.2 will 
require all newly constructed stairs that are part of a means of egress 
to comply with the requirements for accessible stairs, which cover 
treads, risers, and handrails. In existing facilities, where floor 
levels are connected by an accessible route, only the handrail 
requirement will apply.
    Commenters were divided in their response to this provision. The 
Department believes that it strikes an appropriate balance by focusing 
the expanded requirements on new construction.

211 and 602 Drinking Fountains

    Sections 4.1.3(10)(a) and 4.1.3(b), 4.15.2, 4.15.5(1) and 4.15.5(2) 
of the 1991 Standards, and the changes proposed at sections 211.1, 
211.2 Exception; 211.3 Exception, 602.2 Exception, 602.4, and 602.7 
require drinking fountains to be provided for wheelchair users and for 
people who stand. The 1991 Standards require wall and post-mounted 
cantilevered drinking fountains mounted at a height for wheelchair 
users to provide clear floor space for a forward approach with knee and 
toe clearance, and free standing or built-in drinking fountains to 
provide clear floor space for a parallel approach. The proposed changes 
require drinking fountains mounted at a height for wheelchair users to 
provide clear floor space for a forward approach with knee and toe 
clearance, and include an exception for a parallel approach for 
drinking fountains installed at a height to accommodate very small 
children. The changes also include a technical requirement for drinking 
fountains for standing persons.
    One commenter recommended that the mounting height of drinking 
fountains should take into consideration the increased use of three-
wheeled electric scooters and the increasing size of wheelchairs. The 
Department is aware that the use of three- and four-wheeled electric 
scooters may be increasing and that wheelchairs may be larger than in 
the past; however, no reliable data is yet available indicating 
specific dimensions that may be needed to provide access to individuals 
using these devices. Therefore, at the present time, the Department 
intends to retain the proposed requirements.

212 and 606 Kitchens, Kitchenettes, Lavatories, and Sinks

    The 1991 Standards at sections 4.1.1; 4.24.1; 4.24.3; 4.24.5; and 
9.2.2(7) contain technical requirements for sinks, but only have 
specific scoping requirements for sinks in transient lodging. Proposed 
sections 212.3 will require at least 5 percent of sinks in each 
accessible space to comply with the technical requirements for sinks. 
The technical requirements address clear floor space, height, faucets, 
and exposed pipes and surfaces. The 1991 Standards and the proposed 
changes require the clear floor space at sinks to be positioned for a 
forward approach, and knee and toe clearance to be provided under the 
sink. The 1991 Standards allow the clear floor space at kitchen sinks 
and wet bars in hotel guest rooms with mobility features to be 
positioned for either a forward approach with knee and toe clearance, 
or for a parallel approach. The proposed changes include a broader 
exception that permits the clear floor space to be positioned for a 
parallel approach at kitchen sinks in any space where a cook top or 
conventional range is not provided, and at a wet bar.
    A commenter stated that it is unclear what the difference is 
between a sink and a lavatory, and that this is complicated by 
requirements that apply to sinks (5 percent accessible) and lavatories 
(at least 1 accessible). The term ``lavatory'' generally refers to the 
specific type of plumbing fixture required for hand washing in toilet 
and bathing facilities. The more generic term ``sink'' applies to all 
other types of sinks located in covered facilities.
    A commenter recommended that the mounting height of sinks and 
lavatories should take into consideration the increased use of three-
wheeled electric scooters and some larger wheelchairs. The Department 
is aware that the use of three-wheeled electric scooters and larger 
wheelchairs may be increasing; however, although no reliable data is 
yet available, the Access Board is working to obtain data that may be 
used to develop design guidelines that provide access to individuals 
using these mobility devices.

213, 603, 604, and 608 Toilet and Bathing Facilities, Rooms, and 
Compartments

    General. Where toilet facilities and bathing facilities are 
provided, they must comply with section 213.
    A commenter recommended that all accessible toilet facilities, 
toilet rooms, and compartments should be required to have signage 
indicating that such spaces are restricted solely for the use of 
individuals with disabilities. The Department believes that it is 
neither necessary nor appropriate to restrict the use of accessible 
toilet facilities. Like many other facilities designed to be 
accessible, accessible toilet facilities can provide a necessary level 
of usability for a wide range of individuals with and without 
disabilities.
    Ambulatory Accessible Toilet Compartments. The proposed changes at 
sections 213.3.1 and 604.8.2 will require multi-user men's toilet rooms 
where the total of toilet compartments and urinals is six or more to 
contain at least one ambulatory accessible compartment. The 1991 
Standards count only toilet compartments for this purpose. The proposed 
standards will establish parity with multi-user women's toilet rooms.
    Urinals. Men's toilet rooms with only one urinal will no longer be 
required to provide an accessible urinal. Such toilet rooms will still 
be required to provide an accessible toilet compartment.
    Commenters urged that the exception be eliminated. This change will 
provide flexibility to many small businesses. This provision does not 
alter the requirement that all common use restrooms must be accessible. 
Therefore, the Department declines to eliminate the exception.
    Multiple Single-user Toilet Rooms. Where multiple single-user 
toilet rooms are clustered in a single location, fifty percent (50%), 
rather than the currently required one hundred percent (100%), will be 
required to be accessible by proposed section 213.2. Accessible single-
user toilet rooms will have to be identified by the international 
symbol of accessibility.
    Hospital Patient Toilet Rooms. An exception has been added in 
section 223.1 that provides that toilet rooms that are part of critical 
or intensive care patient sleeping rooms will no longer be required to 
provide mobility features.
    Water Closet Location and Rear Grab Bar. Sections 604.2 and 
604.5.2, Exception 1 of the proposed changes will allow greater 
flexibility for the placement of the centerline of water closets, and 
will permit a shorter grab bar where there is not enough space due to 
special circumstances (e.g., because a lavatory is located next to the 
water closet in dwelling units and the wall behind the lavatory is 
recessed so that the lavatory does not overlap the clear floor space at 
the water closet). The 1991 Standards contain no exception for grab bar 
length, and require the centerline to be exactly 18 inches from the 
side wall, while the proposed requirement will allow the centerline to 
be between 16 and 18 inches from the wall.
    Commenters recommended that the centerline location of water 
closets should be 18 inches plus or minus 1 inch because people are 
becoming larger and the toilet paper dispensers are

[[Page 37018]]

becoming larger and protrude into the 18 inch space. Other commenters 
suggested that the proposed requirement will increase the overall size 
of toilet rooms unnecessarily and recommended smaller dimensions.
    The Department is aware that this issue has sparked debate of a 
highly speculative nature. The Department is not aware of clear 
evidence that the dimensional change adopted by the Access Board and 
the model code organizations is incorrect or unworkable. Therefore, the 
Department will retain the requirement.
    Water Closet Clearance. Proposed section 604.3 represents a change 
where a lavatory is installed adjacent to the water closet. The 1991 
Standards allow lavatories to be placed 18 inches minimum from the 
water closet centerline, which precludes side transfers. To allow 
greater transfer options, the proposed standards prohibit lavatories 
from overlapping the clear floor space at water closets, except in 
dwelling units.
    Commenters urged the Department not to adopt section 604.3 claiming 
that it wil