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U.S. Department of
Justice
Americans with Disabilities Act |
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The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is a Federal civil
rights law that prohibits discrimination against people with
disabilities in everyday activities, such as buying an item at
the store, going to the movies, enjoying a meal at a local
restaurant, exercising at the health club, or having the car
serviced at a local garage.
To meet the goals of the ADA, the law established requirements
for businesses of all sizes. These requirements went into effect
on January 26, 1992. Businesses that serve the public must
modify policies and practices that discriminate against people
with disabilities; comply with accessible design standards when
constructing or altering facilities; remove barriers in existing
facilities where readily achievable; and provide auxiliary aids
and services when needed to ensure effective communication with
people who have hearing, vision, or speech impairments. All
businesses, even those that do not serve the public, must comply
with accessible design standards when constructing or altering
facilities.
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Introduction to the ADA
PART 36 -- NONDISCRIMINATION ON THE BASIS OF DISABILITY BY
PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
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Subpart A -- General
Sec.
36.101 Purpose.
36.102 Application.
36.103 Relationship to other laws.
36.104 Definitions.
36.105 -- 36.199 [Reserved]
Subpart B -- General Requirements
36.201 General.
36.202 Activities.
36.203 Integrated settings.
36.204 Administrative methods.
36.205 Association.
36.206 Retaliation or coercion.
36.207 Places of public accommodations located in private
residences.
36.208 Direct threat.
36.209 Illegal use of drugs.
36.210 Smoking.
36.211 Maintenance of accessible features.
36.212 Insurance.
36.213 Relationship of subpart B to subparts C and D of this
part.
36.214 -- 36.299 [Reserved]
Subpart C -- Specific Requirements
36.301 Eligibility criteria.
36.302 Modifications in policies, practices, or procedures.
36.303 Auxiliary aids and services.
36.304 Removal of barriers.
36.305 Alternatives to barrier removal.
36.306 Personal devices and services.
36.307 Accessible or special goods.
36.308 Seating in assembly areas.
36.309 Examinations and courses.
36.310 Transportation provided by public accommodations.
36.311 -- 36.399 [Reserved]
Subpart D -- New Construction and Alterations
36.401 New construction.
36.402 Alterations.
36.403 Alterations: Path of travel.
36.404 Alterations: Elevator exemption.
36.405 Alterations: Historic preservation.
36.406 Standards for new construction and alterations.
36.407 Temporary suspension of certain detectable warning
requirements.
36.408 -- 36.499 [Reserved]
Subpart E -- Enforcement
36.501 Private suits.
36.502 Investigations and compliance reviews.
36.503 Suit by the Attorney General.
36.504 Relief.
36.505 Attorneys fees.
36.506 Alternative means of dispute resolution.
36.507 Effect of unavailability of technical assistance.
36.508 Effective date.
36.509 -- 36.599 [Reserved]
Subpart F -- Certification of State Laws or Local Building Codes
36.601 Definitions.
36.602 General rule.
36.603 Filing a request for certification.
36.604 Preliminary determination.
36.605 Procedure following preliminary determination of
equivalency.
36.606 Procedure following preliminary denial of certification.
36.607 Effect of certification.
36.608 Guidance concerning model codes.
Appendix A to Part 36 -- Standards for Accessible Design
Appendix B to Part 36 -- Preamble to Regulation on
Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities (Published July 26,
1991)
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12186(b).
Source: Order No. 1513 - 91, 56 FR 35592, July 26, 1991, unless
otherwise noted.
Subpart A -- General
Sec.36.101 Purpose.
The purpose of this part is to implement title III of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12181), which
prohibits discrimination on the basis of disability by public
accommodations and requires places of public accommodation and
commercial facilities to be designed, constructed, and altered
in compliance with the accessibility standards established by
this part.
Sec.36.102 Application.
(a) General. This part applies to any --
(1) Public accommodation;
(2) Commercial facility; or
(3) Private entity that offers examinations or courses related
to applications, licensing, certification, or credentialing for
secondary or postsecondary education, professional, or trade
purposes.
(b) Public accommodations. (1) The requirements of this part
applicable to public accommodations are set forth insubparts B,
C, and D of this part.
(2) The requirements of subparts B and C of this part obligate a
public accommodation only with respect to the operations of a
place of public accommodation.
(3) The requirements of subpart D of this part obligate a public
accommodation only with respect to --
(i) A facility used as, or designed or constructed for use as, a
place of public accommodation; or
(ii) A facility used as, or designed and constructed for use as,
a commercial facility.
(c) Commercial facilities. The requirements of this part
applicable to commercial facilities are set forth in subpart D
of this part.
(d) Examinations and courses. The requirements of this part
applicable to private entities that offer examinations or
courses as specified in paragraph (a) of this section are set
forth in Sec.36.309.
(e) Exemptions and exclusions. This part does not apply to any
private club (except to the extent that the facilities of the
private club are made available to customers or patrons of a
place of public accommodation), or to any religious entity or
public entity.
Sec.36.103 Relationship to other laws.
(a) Rule of interpretation. Except as otherwise provided in this
part, this part shall not be construed to apply a lesser
standard than the standards applied under title V of the
Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations
issued by Federal agencies pursuant to that title.
(b) Section 504. This part does not affect the obligations of a
recipient of Federal financial assistance to comply with the
requirements of section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794) and regulations issued by Federal agencies
implementing section 504.
(c) Other laws. This part does not invalidate or limit the
remedies, rights, and procedures of any other Federal laws, or
State or local laws (including State common law) that provide
greater or equal protection for the rights of individuals with
disabilities or individuals associated with them.
Sec.36.104 Definitions.
For purposes of this part, the term --
Act means the Americans with Disabilities Act of 1990 (Pub. L.
101 - 336, 104 Stat. 327, 42 U.S.C. 12101 - 12213 and 47 U.S.C.
225 and 611).
Commerce means travel, trade, traffic, commerce, transportation,
or communication --
(1) Among the several States;
(2) Between any foreign country or any territory or possession
and any State; or
(3) Between points in the same State but through another State
or foreign country.
Commercial facilities means facilities --
(1) Whose operations will affect commerce;
(2) That are intended for nonresidential use by a private
entity; and
(3) That are not --
(i) Facilities that are covered or expressly exempted from
coverage under the Fair Housing Act of 1968, as amended (42
U.S.C. 3601 - 3631);
(ii) Aircraft; or
(iii) Railroad locomotives, railroad freight cars, railroad
cabooses, commuter or intercity passenger rail cars (including
coaches, dining cars, sleeping cars, lounge cars, and food
service cars), any other railroad cars described in section 242
of the Act or covered under title II of the Act, or railroad
rights-of-way. For purposes of this definition, "rail'' and
"railroad'' have the meaning given the term "railroad'' in
section 202(e) of the Federal Railroad Safety Act of 1970 (45
U.S.C. 431(e)).
Current illegal use of drugs means illegal use of drugs that
occurred recently enough to justify a reasonable belief that a
person's drug use is current or that continuing use is a real
and ongoing problem.
Disability means, with respect to an individual, a physical or
mental impairment that substantially limits one or more of the
major life activities of such individual; a record of such an
impairment; or being regarded as having such animpairment.
(1) The phrase physical or mental impairment means --
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic
and lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder such as mental
retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities;
(iii) The phrase physical or mental impairment includes, but is
not limited to, such contagious and noncontagious diseases and
conditions as orthopedic, visual, speech, and hearing
impairments, cerebral palsy, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease, diabetes, mental
retardation, emotional illness, specific learning disabilities,
HIV disease (whether symptomatic or asymptomatic), tuberculosis,
drug addiction, and alcoholism;
(iv) The phrase physical or mental impairment does not include
homosexuality or bisexuality.
(2) The phrase major life activities means functions such as
caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a
history of, or has been misclassified as having, a mental or
physical impairment that substantially limits one or more major
life activities.
(4) The phrase is regarded as having an impairment means --
(i) Has a physical or mental impairment that does not
substantially limit major life activities but that is treated by
a private entity as constituting such a limitation;
(ii) Has a physical or mental impairment that substantially
limits major life activities only as a result of the attitudes
of others toward such impairment; or
(iii) Has none of the impairments defined in paragraph (1) of
this definition but is treated by a private entity as having
such an impairment.
(5) The term disability does not include --
(i) Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
(ii) Compulsive gambling, kleptomania, or pyromania; or
(iii) Psychoactive substance use disorders resulting from
current illegal use of drugs.
Drug means a controlled substance, as defined in schedules I
through V of section 202 of the Controlled Substances Act (21
U.S.C. 812).
| Facility means all or any portion of buildings, structures,
sites, complexes, equipment, rolling stock or other conveyances,
roads, walks, passageways, parking lots, or other real or
personal property, including the site where the building,
property, structure, or equipment is located. |
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Illegal use of drugs means the use of one or more drugs, the
possession or distribution of which is unlawful under the
Controlled Substances Act (21 U.S.C. 812). The term "illegal use
of drugs'' does not include the use of a drug taken under
supervision by a licensed health care professional, or other
uses authorized by the Controlled Substances Act or other
provisions of Federal law. |
Individual with a disability means a person who has a
disability. The term "individual with a disability'' does not
include an individual who is currently engaging in the illegal
use of drugs, when the private entity acts on the basis of such
use.
Place of public accommodation means a facility, operated by a
private entity, whose operations affect commerce and fall within
at least one of the following categories --
(1) An inn, hotel, motel, or other place of lodging, except for
an establishment located within a building that contains not
more than five rooms for rent or hire and that is actually
occupied by the proprietor of the establishment as the residence
of the proprietor;
(2) A restaurant, bar, or other establishment serving food or
drink;
(3) A motion picture house, theater, concert hall, stadium, or
other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other
place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store,
shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop,
travel service, shoe repair service, funeral parlor, gas
station, office of an accountant or lawyer, pharmacy, insurance
office, professional office of a health care provider, hospital,
or other service establishment;
(7) A terminal, depot, or other station used forspecified public
transportation;
(8) A museum, library, gallery, or other place of public display
or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or
postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter,
food bank, adoption agency, or other social service center
establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or
other place of exercise or recreation.
Private club means a private club or establishment exempted from
coverage under title II of the Civil Rights Act of 1964 (42
U.S.C. 2000a(e)).
Private entity means a person or entity other than a public
entity.
Public accommodation means a private entity that owns, leases
(or leases to), or operates a place of public accommodation.
Public entity means --
(1) Any State or local government;
(2) Any department, agency, special purpose district, or other
instrumentality of a State or States or local government; and
(3) The National Railroad Passenger Corporation, and any
commuter authority (as defined in section 103(8) of the Rail
Passenger Service Act). (45 U.S.C. 541)
Qualified interpreter means an interpreter who is able to
interpret effectively, accurately and impartially both
receptively and expressively, using any necessary specialized
vocabulary.
Readily achievable means easily accomplishable and able to be
carried out without much difficulty or expense. In determining
whether an action is readily achievable factors to be considered
include --
(1) The nature and cost of the action needed under this part;
(2) The overall financial resources of the site or sites
involved in the action; the number of persons employed at the
site; the effect on expenses and resources; legitimate safety
requirements that are necessary for safe operation, including
crime prevention measures; or the impact otherwise of the action
upon the operation of the site;
(3) The geographic separateness, and the administrative or
fiscal relationship of the site or sites in question to any
parent corporation or entity;
(4) If applicable, the overall financial resources of any parent
corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its
employees; the number, type, and location of its facilities; and
(5) If applicable, the type of operation or operations of any
parent corporation or entity, including the composition,
structure, and functions of the workforce of the parent
corporation or entity.
Religious entity means a religious organization, including a
place of worship.
Service animal means any guide dog, signal dog, or other animal
individually trained to do work or perform tasks for the benefit
of an individual with a disability, including, but not limited
to, guiding individuals with impaired vision, alerting
individuals with impaired hearing to intruders or sounds,
providing minimal protection or rescue work, pulling awheelchair,
or fetching dropped items.
Specified public transportation means transportation by bus,
rail, or any other conveyance (other than by aircraft) that
provides the general public with general or special service
(including charter service) on a regular and continuing basis.
State means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
the Virgin Islands, the Trust Territory of the Pacific Islands,
and the Commonwealth of the Northern Mariana Islands.
Undue burden means significant difficulty or expense. In
determining whether an action would result in an undue burden,
factors to be considered include --
(1) The nature and cost of the action needed under this part;
(2) The overall financial resources of the site or sites
involved in the action; the number of persons employed at the
site; the effect on expenses and resources; legitimate safety
requirements that are necessary for safe operation, including
crime prevention measures; or the impact otherwise of the action
upon the operation of the site;
(3) The geographic separateness, and the administrative or
fiscal relationship of the site or sites in question to any
parent corporation or entity;
(4) If applicable, the overall financial resources of any parent
corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its
employees; the number, type, and location of its facilities; and
(5) If applicable, the type of operation or operations of any
parent corporation or entity, including the composition,
structure, and functions of the workforce of the parent
corporation or entity.
Sec..36.105 -- 36.199 [Reserved]
Subpart B -- General Requirements
Sec.36.201 General.
(a) Prohibition of discrimination. No individual shall be
discriminated against on the basis of disability in the full and
equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public
accommodation by any private entity who owns, leases (or leases
to), or operates a place of public accommodation.
(b) Landlord and tenant responsibilities. Both the landlord who
owns the building that houses a place of public accommodation
and the tenant who owns or operates the place of public
accommodation are public accommodations subject to the
requirements of this part. As between the parties, allocation of
responsibility for complying with the obligations of this part
may be determined by lease or other contract.
Sec.36.202 Activities.
(a) Denial of participation. A public accommodation shall not
subject an individual or class of individuals on the basis of a
disability or disabilities of such individual or class,
directly, or through contractual, licensing, or other
arrangements, to a denial of the opportunity of the individual
or class to participate in or benefit from the goods, services,
facilities, privileges, advantages, or accommodations of a place
of public accommodation.
(b) Participation in unequal benefit. A public accommodation
shall not afford an individual or class of individuals, on the
basis of a disability or disabilities of such individual or
class, directly, or through contractual, licensing, or other
arrangements, with the opportunity to participate in or benefit
from a good, service, facility, privilege, advantage, or
accommodation that is not equal to that afforded to other
individuals.
(c) Separate benefit. A public accommodation shall not provide
an individual or class of individuals, on the basis of a
disability or disabilities of such individual or class,
directly, or through contractual, licensing, or other
arrangements with a good, service, facility, privilege,
advantage, or accommodation that is different or separate from
that provided to other individuals, unless such action is
necessary to provide the individual or class of individuals with
a good, service, facility, privilege, advantage, or
accommodation, or other opportunity that is as effective as that
provided to others.
(d) Individual or class of individuals. For purposes of
paragraphs (a) through (c) of this section, the term "individual
or class of individuals'' refers to the clients or customers of
the public accommodation that enters into the contractual,
licensing, or other arrangement.
Sec.36.203 Integrated settings.
(a) General. A public accommodation shall afford goods,
services, facilities, privileges, advantages, and accommodations
to an individual with a disability in the most integrated
setting appropriate to the needs of the individual.
(b) Opportunity to participate. Notwithstanding the existence of
separate or different programs or activities provided in
accordance with this subpart, a public accommodation shall not
deny an individual with a disability an opportunity to
participate in such programs or activities that are not separate
or different.
(c) Accommodations and services. (1) Nothing in this part shall
be construed to require an individual with a disability to
accept an accommodation, aid, service, opportunity, or benefit
available under this part that such individual chooses not to
accept.
(2) Nothing in the Act or this part authorizes there
presentative or guardian of an individual with a disability to
decline food, water, medical treatment, or medical services for
that individual.
Sec.36.204 Administrative methods.
A public accommodation shall not, directly or through
contractual or other arrangements, utilize standards or criteria
or methods of administration that have the effect of
discriminating on the basis of disability, or that perpetuate
the discrimination of others who are subject to common
administrative control.
Sec.36.205 Association.
A public accommodation shall not exclude or otherwise deny equal
goods, services, facilities, privileges, advantages,
accommodations, or other opportunities to an individual or
entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship or
association.
Sec.36.206 Retaliation or coercion.
(a) No private or public entity shall discriminate against any
individual because that individual has opposed any act or
practice made unlawful by this part, or because that individual
made a charge, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under the Act
or this part.
(b) No private or public entity shall coerce, intimidate,
threaten, or interfere with any individual in the exercise or
enjoyment of, or on account of his or her having exercised or
enjoyed, or on account of his or her having aided or encouraged
any other individual in the exercise or enjoyment of, any right
granted or protected by the Act or this part.
(c) Illustrations of conduct prohibited by this section include,
but are not limited to:
(1) Coercing an individual to deny or limit the benefits,
services, or advantages to which he or she is entitled under the
Act or this part;
(2) Threatening, intimidating, or interfering with an individual
with a disability who is seeking to obtain or use the goods,
services, facilities, privileges, advantages, or accommodations
of a public accommodation;
(3) Intimidating or threatening any person because that person
is assisting or encouraging an individual or group entitled to
claim the rights granted or protected by the Act or this part to
exercise those rights; or
(4) Retaliating against any person because that person has
participated in any investigation or action to enforce the Act
or this part.
Sec.36.207 Places of public accommodation located in private
residences.
(a) When a place of public accommodation is located in a private
residence, the portion of the residence used exclusively as a
residence is not covered by this part, but that portion used
exclusively in the operation of the place of public
accommodation or that portion used both for the place of public
accommodation and for residential purposes is covered by this
part.
(b) The portion of the residence covered under paragraph (a) of
this section extends to those elements used to enter the place
of public accommodation, including the homeowner's front
sidewalk, if any, the door or entryway, and hallways; and those
portions of the residence, interior or exterior, available to or
used by customers or clients, including restrooms.
Sec.36.208 Direct threat.
(a) This part does not require a public accommodation to permit
an individual to participate in or benefit from the goods,
services, facilities, privileges, advantages and accommodations
of that public accommodation when that individual poses a direct
threat to the health or safety of others.
(b) Direct threat means a significant risk to the health or
safety of others that cannot be eliminated by a modification of
policies, practices, or procedures, or by the provision of
auxiliary aids or services.
(c) In determining whether an individual poses a direct threat
to the health or safety of others, a public accommodation must
make an individualized assessment, based on reasonable judgment
that relies on current medical knowledge or on the best
available objective evidence, to ascertain: the nature,
duration, and severity of the risk; the probability that the
potential injury will actually occur; and whether reasonable
modifications of policies, practices, or procedures will
mitigate the risk.
Sec.36.209 Illegal use of drugs.
(a) General. (1) Except as provided in paragraph (b) of this
section, this part does not prohibit discrimination against an
individual based on that individual's current illegal use of
drugs.
(2) A public accommodation shall not discriminate on the basis
of illegal use of drugs against an individual who is not
engaging in current illegal use of drugs and who --
(i) Has successfully completed a supervised drug rehabilitation
program or has otherwise been rehabilitated successfully;
(ii) Is participating in a supervised rehabilitation program; or
(iii) Is erroneously regarded as engaging in such use.
(b) Health and drug rehabilitation services. (1) A public
accommodation shall not deny health services, or services
provided in connection with drug rehabilitation, to an
individual on the basis of that individual's current illegal use
of drugs, if the individual is otherwise entitled to such
services.
(2) A drug rehabilitation or treatment program may deny
participation to individuals who engage in illegal use of drugs
while they are in the program.
(c) Drug testing. (1) This part does not prohibit a public
accommodation from adopting or administering reasonable policies
or procedures, including but not limited to drug testing,
designed to ensure that an individual who formerly engaged in
the illegal use of drugs is not now engaging incurrent illegal
use of drugs.
(2) Nothing in this paragraph (c) shall be construed to
encourage, prohibit, restrict, or authorize the conducting of
testing for the illegal use of drugs.
Sec.36.210 Smoking.
This part does not preclude the prohibition of, or the
imposition of restrictions on, smoking in places of public
accommodation.
Sec.36.211 Maintenance of accessible features.
(a) A public accommodation shall maintain in operable working
condition those features of facilities and equipment that are
required to be readily accessible to and usable by persons with
disabilities by the Act or this part.
(b) This section does not prohibit isolated or temporary
interruptions in service or access due to maintenance or
repairs.
Sec.36.212 Insurance.
(a) This part shall not be construed to prohibit or restrict --
(1) An insurer, hospital or medical service company, health
maintenance organization, or any agent, or entity that
administers benefit plans, or similar organizations from
underwriting risks, classifying risks, or administering such
risks that are based on or not inconsistent with State law; or
(2) A person or organization covered by this part from
establishing, sponsoring, observing or administering the terms
of a bona fide benefit plan that are based on underwriting
risks, classifying risks, or administering such risks that are
based on or not inconsistent with State law; or
(3) A person or organization covered by this part from
establishing, sponsoring, observing or administering the terms
of a bona fide benefit plan that is not subject to State laws
that regulate insurance.
(b) Paragraphs (a) (1), (2), and (3) of this section shall not
be used as a subterfuge to evade the purposes of the Act or this
part.
(c) A public accommodation shall not refuse to serve an
individual with a disability because its insurance company
conditions coverage or rates on the absence of individuals with
disabilities.
Sec.36.213 Relationship of subpart B to subparts C and D of this
part.
Subpart B of this part sets forth the general principles of
nondiscrimination applicable to all entities subject to this
part. Subparts C and D of this part provide guidance on the
application of the statute to specific situations. The specific
provisions, including the limitations on those provisions,
control over the general provisions in circumstances where both
specific and general provisions apply.
Sec..36.214 -- 36.299 [Reserved]
Subpart C -- Specific Requirements
Sec.36.301 Eligibility criteria.
(a) General. A public accommodation shall not impose or apply
eligibility criteria that screen out or tend to screen out an
individual with a disability or any class of individuals with
disabilities from fully and equally enjoying any goods,
services, facilities, privileges, advantages, or accommodations,
unless such criteria can be shown to be necessary for the
provision of the goods, services, facilities, privileges,
advantages, or accommodations being offered.
(b) Safety. A public accommodation may impose legitimate safety
requirements that are necessary for safe operation. Safety
requirements must be based on actual risks and not on mere
speculation, stereotypes, or generalizations about individuals
with disabilities.
(c) Charges. A public accommodation may not impose a surcharge
on a particular individual with a disability or any group of
individuals with disabilities to cover the costs of measures,
such as the provision of auxiliary aids, barrier removal,
alternatives to barrier removal, and reasonable modifications in
policies, practices, or procedures, that are required to provide
that individual or group with the nondiscriminatory treatment
required by the Act or this part.
Sec.36.302 Modifications in policies, practices, or procedures.
(a) General. A public accommodation shall make reasonable
modifications in policies, practices, or procedures, when the
modifications are necessary to afford goods,
services, facilities, privileges, advantages, or accommodations
to individuals with disabilities, unless the public
accommodation can demonstrate that making the modifications
would fundamentally alter the nature of the goods, services,
facilities, privileges, advantages, or accommodations.
(b) Specialties -- (1) General. A public accommodation may refer
an individual with a disability to another public accommodation,
if that individual is seeking, or requires, treatment or
services outside of the referring public accommodation's area of
specialization, and if, in the normal course of its operations,
the referring public accommodation would make a similar referral
for an individual without a disability who seeks or requires the
same treatment or services.
(2) Illustration -- medical specialties. A health care provider
may refer an individual with a disability to another provider,
if that individual is seeking, or requires, treatment or
services outside of the referring provider's area of
specialization, and if the referring provider would make a
similar referral for an individual without a disability who
seeks or requires the same treatment or services. A physician
who specializes in treating only a particular condition cannot
refuse to treat an individual with a disability for that
condition, but is not required to treat the individual for a
different condition.
(c) Service animals -- (1) General. Generally, a public
accommodation shall modify policies, practices, or procedures to
permit the use of a service animal by an individual with a
disability.
(2) Care or supervision of service animals. Nothing in this part
requires a public accommodation to supervise or care for a
service animal.
(d) Check-out aisles. A store with check-out aisles shall ensure
that an adequate number of accessible check-out aisles are kept
open during store hours, or shall otherwise modify its policies
and practices, in order to ensure that an equivalent level of
convenient service is provided to individuals with disabilities
as is provided to others. If only one check-out aisle is
accessible, and it is generally used for express service, one
way of providing equivalent service is to allow persons with
mobility impairments to make all their purchases at that aisle.
Sec.36.303 Auxiliary aids and services.
(a) General. A public accommodation shall take those steps that
may be necessary to ensure that no individual with a disability
is excluded, denied services, segregated or otherwise treated
differently than other individuals because of the absence of
auxiliary aids and services, unless the public accommodation can
demonstrate that taking those steps would fundamentally alter
the nature of the goods, services, facilities, privileges,
advantages, or accommodations being offered or would result in
an undue burden, i.e., significant difficulty or expense.
(b) Examples. The term "auxiliary aids and services'' includes
--
(1) Qualified interpreters, notetakers, computer-aided
transcription services, written materials, telephone handset
amplifiers, assistive listening devices, assistive listening
systems, telephones compatible with hearing aids, closed caption
decoders, open and closed captioning, telecommunications devices
for deaf persons (TDD's), videotext displays, or other effective
methods of making aurally delivered materials available to
individuals with hearing impairments;
(2) Qualified readers, taped texts, audio recordings, Brailled
materials, large print materials, or other effective methods of
making visually delivered materials available to individuals
with visual impairments;
(3) Acquisition or modification of equipment or devices; and
(4) Other similar services and actions.
(c) Effective communication. A public accommodation shall
furnish appropriate auxiliary aids and services where necessary
to ensure effective communication with individuals with
disabilities.
(d) Telecommunication devices for the deaf (TDD's). (1) A public
accommodation that offers a customer, client, patient, or
participant the opportunity to make outgoing telephone calls on
more than an incidental convenience basis shall make available,
upon request, a TDD for the use of an individual who has
impaired hearing or a communication disorder.
(2) This part does not require a public accommodation to use a
TDD for receiving or making telephone calls incident to its
operations.
(e) Closed caption decoders. Places of lodging that provide
televisions in five or more guest rooms and hospitals that
provide televisions for patient use shall provide, upon request,
a means for decoding captions for use by an individual with
impaired hearing.
(f) Alternatives. If provision of a particular auxiliary aid or
service by a public accommodation would result in a fundamental
alteration in the nature of the goods, services, facilities,
privileges, advantages, or accommodations being offered or in an
undue burden, i.e., significant difficulty or expense, the
public accommodation shall provide an alternative auxiliary aid
or service, if one exists, that would not result in an
alteration or such burden but would nevertheless ensure that, to
the maximum extent possible, individuals with disabilities
receive the goods, services, facilities, privileges, advantages,
or accommodations offered by the public accommodation.
Sec.36.304 Removal of barriers.
(a) General. A public accommodation shall remove architectural
barriers in existing facilities, including communication
barriers that are structural in nature, where such removal is
readily achievable, i.e., easily accomplishable and able to be
carried out without much difficulty or expense.
(b) Examples. Examples of steps to remove barriers include, but
are not limited to, the following actions --
(1) Installing ramps;
(2) Making curb cuts in sidewalks and entrances;
(3) Repositioning shelves;
(4) Rearranging tables, chairs, vending machines, display racks,
and other furniture;
(5) Repositioning telephones;
(6) Adding raised markings on elevator control buttons;
(7) Installing flashing alarm lights;
(8) Widening doors;
(9) Installing offset hinges to widen doorways;
(10) Eliminating a turnstile or providing an alternative
accessible path;
(11) Installing accessible door hardware;
(12) Installing grab bars in toilet stalls;
(13) Rearranging toilet partitions to increase maneuvering
space;
(14) Insulating lavatory pipes under sinks to prevent burns;
(15) Installing a raised toilet seat;
(16) Installing a full-length bathroom mirror;
(17) Repositioning the paper towel dispenser in a bathroom;
(18) Creating designated accessible parking spaces;
(19) Installing an accessible paper cup dispenser at an existing
inaccessible water fountain;
(20) Removing high pile, low density carpeting; or
(21) Installing vehicle hand controls.
(c) Priorities. A public accommodation is urged to take measures
to comply with the barrier removal requirements of this section
in accordance with the following order of priorities.
(1) First, a public accommodation should take measures to
provide access to a place of public accommodation from public
sidewalks, parking, or public transportation. These measures
include, for example, installing an entrance ramp, widening
entrances, and providing accessible parking spaces.
(2) Second, a public accommodation should take measures to
provide access to those areas of a place of public accommodation
where goods and services are made available to the public. These
measures include, for example, adjusting the layout of display
racks, rearranging tables, providing Brailled and raised
character signage, widening doors, providing visual alarms, and
installing ramps.
(3) Third, a public accommodation should take measures to
provide access to restroom facilities. These measures include,
for example, removal of obstructing furniture or vending
machines, widening of doors, installation of ramps, providing
accessible signage, widening of toilet stalls, and installation
of grab bars.
(4) Fourth, a public accommodation should take any other
measures necessary to provide access to the goods, services,
facilities, privileges, advantages, or accommodations of a place
of public accommodation.
(d) Relationship to alterations requirements of subpart D of
this part. (1) Except as provided in paragraph (d)(2) of this
section, measures taken to comply with the barrier removal
requirements of this section shall comply with the applicable
requirements for alterations in Sec.36.402 and Sec..36.404
-36.406 of this part for the element being altered. The path of
travel requirements of Sec.36.403 shall not apply to measures
taken solely to comply with the barrier removal requirements of
this section.
(2) If, as a result of compliance with the alterations
requirements specified in paragraph (d)(1) of this section, the
measures required to remove a barrier would not be readily
achievable, a public accommodation may take other readily
achievable measures to remove the barrier that do not fully
comply with the specified requirements. Such measures include,
for example, providing a ramp with a steeper slope or widening a
doorway to a narrower width than that mandated by the
alterations requirements. No measure shall be taken, however,
that poses a significant risk to the health or safety of
individuals with disabilities or others.
(e) Portable ramps. Portable ramps should be used to comply with
this section only when installation of a permanent ramp is not
readily achievable. In order to avoid any significant risk to
the health or safety of individuals with disabilities or others
in using portable ramps, due consideration shall be given to
safety features such as nonslip surfaces, railings, anchoring,
and strength of materials.
(f) Selling or serving space. The rearrangement of temporary or
movable structures, such as furniture, equipment, and display
racks is not readily achievable to the extent that it results in
a significant loss of selling or serving space.
(g) Limitation on barrier removal obligations. (1) The
requirements for barrier removal under Sec.36.304 shall not be
interpreted to exceed the standards for alterations in subpart D
of this part.
(2) To the extent that relevant standards for alterations are
not provided in subpart D of this part, then the requirements of
Sec.36.304 shall not be interpreted to exceed the standards for
new construction in subpart D of this part.
(3) This section does not apply to rolling stock and other
conveyances to the extent that Sec.36.310 applies to rolling
stock and other conveyances.
Sec.36.305 Alternatives to barrier removal.
(a) General. Where a public accommodation can demonstrate that
barrier removal is not readily achievable, the public
accommodation shall not fail to make its goods, services,
facilities, privileges, advantages, or accommodations available
through alternative methods, if those methods are readily
achievable.
(b) Examples. Examples of alternatives to barrier removal
include, but are not limited to, the following actions --
(1) Providing curb service or home delivery;
(2) Retrieving merchandise from inaccessible shelves or racks;
(3) Relocating activities to accessible locations;
(c) Multiscreen cinemas. If it is not readily achievable to
remove barriers to provide access by persons with mobility
impairments to all of the theaters of a multiscreen cinema, the
cinema shall establish a film rotation schedule that provides
reasonable access for individuals who use wheelchairs to all
films. Reasonable notice shall be provided to the public as to
the location and time of accessible showings.
Sec.36.306 Personal devices and services.
This part does not require a public accommodation to provide its
customers, clients, or participants with personal devices, such
as wheelchairs; individually prescribed devices, such as
prescription eyeglasses or hearing aids; or services of a
personal nature including assistance in eating, toileting, or
dressing.
Sec.36.307 Accessible or special goods.
(a) This part does not require a public accommodation to alter
its inventory to include accessible or special goods that are
designed for, or facilitate use by, individuals with
disabilities.
(b) A public accommodation shall order accessible or special
goods at the request of an individual with disabilities, if, in
the normal course of its operation, it makes special orders on
request for unstocked goods, and if the accessible or special
goods can be obtained from a supplier with whom the public
accommodation customarily does business.
(c) Examples of accessible or special goods include items such
as Brailled versions of books, books on audio cassettes,
closed-captioned video tapes, special sizes or lines of
clothing, and special foods to meet particular dietary needs.
Sec.36.308 Seating in assembly areas.
(a) Existing facilities. (1) To the extent that it is readily
achievable, a public accommodation in assembly areas shall --
(i) Provide a reasonable number of wheelchair seating spaces and
seats with removable aisle-side arm rests; and
(ii) Locate the wheelchair seating spaces so that they --
(A) Are dispersed throughout the seating area;
(B) Provide lines of sight and choice of admission prices
comparable to those for members of the general public;
(C) Adjoin an accessible route that also serves as a means of
egress in case of emergency; and
(D) Permit individuals who use wheelchairs to sit with family
members or other companions.
(2) If removal of seats is not readily achievable, a public
accommodation shall provide, to the extent that it is readily
achievable to do so, a portable chair or other means to permit a
family member or other companion to sit with an individual who
uses a wheelchair.
(3) The requirements of paragraph (a) of this section shall not
be interpreted to exceed the standards for alterations in
subpart D of this part.
(b) New construction and alterations. The provision and location
of wheelchair seating spaces in newly constructed or altered
assembly areas shall be governed by the standards for new
construction and alterations in subpart D of this part.
Sec.36.309 Examinations and courses.
(a) General. Any private entity that offers examinations or
courses related to applications, licensing, certification, or
credentialing for secondary or postsecondary education,
professional, or trade purposes shall offer such examinations or
courses in a place and manner accessible to persons with
disabilities or offer alternative accessible arrangements for
such individuals.
(b) Examinations. (1) Any private entity offering an examination
covered by this section must assure that --
(i) The examination is selected and administered so as to best
ensure that, when the examination is administered to an
individual with a disability that impairs sensory, manual, or
speaking skills, the examination results accurately reflect the
individual's aptitude or achievement level or whatever other
factor the examination purports to measure, rather than
reflecting the individual's impaired sensory, manual, or
speaking skills (except where those skills are the factors that
the examination purports to measure);
(ii) An examination that is designed for individuals with
impaired sensory, manual, or speaking skills is offered at
equally convenient locations, as often, and in as timely a
manner as are other examinations; and
(iii) The examination is administered in facilities that are
accessible to individuals with disabilities or alternative
accessible arrangements are made.
(2) Required modifications to an examination may include changes
in the length of time permitted for completion of the
examination and adaptation of the manner in which the
examination is given.
(3) A private entity offering an examination covered by this
section shall provide appropriate auxiliary aids for persons
with impaired sensory, manual, or speaking skills, unless that
private entity can demonstrate that offering a particular
auxiliary aid would fundamentally alter the measurement of the
skills or knowledge the examination is intended to test or would
result in an undue burden. Auxiliary aids and services required
by this section may include taped examinations, interpreters or
other effective methods of making orally delivered materials
available to individuals with hearing impairments, Brailled or
large print examinations and answer sheets or qualified readers
for individuals with visual impairments or learning
disabilities, transcribers for individuals with manual
impairments, and other similar services and actions.
(4) Alternative accessible arrangements may include, for
example, provision of an examination at an individual's home
with a proctor if accessible facilities or equipment are
unavailable. Alternative arrangements must provide comparable
conditions to those provided for nondisabled individuals.
(c) Courses. (1) Any private entity that offers a course covered
by this section must make such modifications to that course as
are necessary to ensure that the place and manner in which the
course is given are accessible to individuals with disabilities.
(2) Required modifications may include changes in the length of
time permitted for the completion of the course, substitution of
specific requirements, or adaptation of the manner in which the
course is conducted or course materials are distributed.
(3) A private entity that offers a course covered by this
section shall provide appropriate auxiliary aids and services
for persons with impaired sensory, manual, or speaking skills,
unless the private entity can demonstrate that offering a
particular auxiliary aid or service would fundamentally alter
the course or would result in an undue burden. Auxiliary aids
and services required by this section may include taped texts,
interpreters or other effective methods of making orally
delivered materials available to individuals with hearing
impairments, Brailled or large print texts or qualified readers
for individuals with visual impairments and learning
disabilities, classroom equipment adapted for use by individuals
with manual impairments, and other similar services and actions.
(4) Courses must be administered in facilities that are
accessible to individuals with disabilities or alternative
accessible arrangements must be made.
(5) Alternative accessible arrangements may include, for
example, provision of the course through videotape, cassettes,
or prepared notes. Alternative arrangements must provide
comparable conditions to those provided for nondisabled
individuals.
Sec.36.310 Transportation provided by public accommodations.
(a) General. (1) A public accommodation that provides
transportation services, but that is not primarily engaged in
the business of transporting people, is subject to the general
and specific provisions in subparts B, C, and D of this part for
its transportation operations, except as provided in this
section.
(2) Examples. Transportation services subject to this section
include, but are not limited to, shuttle services operated
between transportation terminals and places of public
accommodation, customer shuttle bus services operated by private
companies and shopping centers, student transportation systems,
and transportation provided within recreational facilities such
as stadiums, zoos, amusement parks, and ski resorts.
(b) Barrier removal. A public accommodation subject to this
section shall remove transportation barriers in existing
vehicles and rail passenger cars used for transporting
individuals (not including barriers that can only be removed
through the retrofitting of vehicles or rail passenger cars by
the installation of a hydraulic or other lift) where such
removal is readily achievable.
(c) Requirements for vehicles and systems. A public
accommodation subject to this section shall comply with the
requirements pertaining to vehicles and transportation systems
in the regulations issued by the Secretary of Transportation
pursuant to section 306 of the Act.
Sec..36.311 -- 36.399 [Reserved]
Subpart D -- New Construction and Alterations
Sec.36.401 New construction.
(a) General. (1) Except as provided in paragraphs (b) and (c) of
this section, discrimination for purposes of this part includes
a failure to design and construct facilities for first occupancy
after January 26, 1993, that are readily accessible to and
usable by individuals with disabilities.
(2) For purposes of this section, a facility is designed and
constructed for first occupancy after January 26, 1993, only --
(i) If the last application for a building permit or permit
extension for the facility is certified to be complete, by a
State, County, or local government after January 26, 1992 (or,
in those jurisdictions where the government does not certify
completion of applications, if the last application for a
building permit or permit extension for the facility is received
by the State, County, or local government after January 26,
1992); and
(ii) If the first certificate of occupancy for the facility is
issued after January 26, 1993.
(b) Commercial facilities located in private residences. (1)
When a commercial facility is located in a private residence,
the portion of the residence used exclusively as a residence is
not covered by this subpart, but that portion used exclusively
in the operation of the commercial facility or that portion used
both for the commercial facility and for residential purposes is
covered by the new construction and alterations requirements of
this subpart.
(2) The portion of the residence covered under paragraph (b)(1)
of this section extends to those elements used to enter the
commercial facility, including the homeowner's front sidewalk,
if any, the door or entryway, and hallways; and those portions
of the residence, interior or exterior, available to or used by
employees or visitors of the commercial facility, including
restrooms.
(c) Exception for structural impracticability. (1) Full
compliance with the requirements of this section is not required
where an entity can demonstrate that it is structurally
impracticable to meet the requirements. Full compliance will be
considered structurally impracticable only in those rare
circumstances when the unique characteristics of terrain prevent
the incorporation of accessibility features.
(2) If full compliance with this section would be structurally
impracticable, compliance with this section is required to the
extent that it is not structurally impracticable. In that case,
any portion of the facility that can be made accessible shall be
made accessible to the extent that it is not structurally
impracticable.
(3) If providing accessibility in conformance with this section
to individuals with certain disabilities (e.g., those who use
wheelchairs) would be structurally impracticable, accessibility
shall nonetheless be ensured to persons with other types of
disabilities (e.g., those who use crutches or who have sight,
hearing, or mental impairments) in accordance with this section.
(d) Elevator exemption. (1) For purposes of this paragraph (d)
--
(i) Professional office of a health care provider means a
location where a person or entity regulated by a State to
provide professional services related to the physical or mental
health of an individual makes such services available to the
public. The facility housing the "professional office of a
health care provider'' only includes floor levels housing at
least one health care provider, or any floor level designed or
intended for use by at least one health care provider.
(ii) Shopping center or shopping mall means --
(A) A building housing five or more sales or rental
establishments; or
(B) A series of buildings on a common site, either under common
ownership or common control or developed either as one project
or as a series of related projects, housing five or more sales
or rental establishments. For purposes of this section, places
of public accommodation of the types listed in paragraph (5) of
the definition of "place of public accommodation'' in section
Sec.36.104 are considered sales or rental establishments. The
facility housing a "shopping center or shopping mall'' only
includes floor levels housing at least one sales or rental
establishment, or any floor level designed or intended for use
by at least one sales or rental establishment.
(2) This section does not require the installation of an
elevator in a facility that is less than three stories or has
less than 3000 square feet per story, except with respect to any
facility that houses one or more of the following:
(i) A shopping center or shopping mall, or a professional office
of a health care provider.
(ii) A terminal, depot, or other station used for specified
public transportation, or an airport passenger terminal. In such
a facility, any area housing passenger services, including
boarding and debarking, loading and unloading, baggage claim,
dining facilities, and other common areas open to the public,
must be on an accessible route from an accessible entrance.
(3) The elevator exemption set forth in this paragraph (d) does
not obviate or limit, in any way the obligation to comply with
the other accessibility requirements established in paragraph
(a) of this section. For example, in a facility that houses a
shopping center or shopping mall, or a professional office of a
health care provider, the floors that are above or below an
accessible ground floor and that do not house sales or rental
establishments or a professional office of a health care
provider, must meet the requirements of this section but for the
elevator.
Sec.36.402 Alterations.
(a) General. (1) Any alteration to a place of public
accommodation or a commercial facility, after January 26, 1992,
shall be made so as to ensure that, to the maximum extent
feasible, the altered portions of the facility are readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
(2) An alteration is deemed to be undertaken after January 26,
1992, if the physical alteration of the property begins after
that date.
(b) Alteration. For the purposes of this part, an alteration is
a change to a place of public accommodation or a commercial
facility that affects or could affect the usability of the
building or facility or any part thereof.
(1) Alterations include, but are not limited to, remodeling,
renovation, rehabilitation, reconstruction, historic
restoration, changes or rearrangement in structural parts or
elements, and changes or rearrangement in the plan configuration
of walls and full-height partitions. Normal maintenance,
reroofing, painting or wallpapering, asbestos removal, or
changes to mechanical and electrical systems are not alterations
unless they affect the usability of the building or facility.
(2) If existing elements, spaces, or common areas are altered,
then each such altered element, space, or area shall comply with
the applicable provisions of appendix A to this part.
(c) To the maximum extent feasible. The phrase "to the maximum
extent feasible,'' as used in this section, applies to the
occasional case where the nature of an existing facility makes
it virtually impossible to comply fully with applicable
accessibility standards through a planned alteration. In these
circumstances, the alteration shall provide the maximum physical
accessibility feasible. Any altered features of the facility
that can be made accessible shall be made accessible. If
providing accessibility in conformance with this section to
individuals with certain disabilities (e.g., those who use
wheelchairs) would not be feasible, the facility shall be made
accessible to persons with other types of disabilities (e.g.,
those who use crutches, those who have impaired vision or
hearing, or those who have other impairments).
Sec.36.403 Alterations: Path of travel.
(a) General. An alteration that affects or could affect the
usability of or access to an area of a facility that contains a
primary function shall be made so as to ensure that, to the
maximum extent feasible, the path of travel to the altered area
and the restrooms, telephones, and drinking fountains serving
the altered area, are readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, unless the cost and scope of such alterations is
disproportionate to the cost of the overall alteration.
(b) Primary function. A "primary function'' is a major activity
for which the facility is intended. Areas that contain a primary
function include, but are not limited to, the customer services
lobby of a bank, the dining area of a cafeteria, the meeting
rooms in a conference center, as well as offices and other work
areas in which the activities of the public accommodation or
other private entity using the facility are carried out.
Mechanical rooms, boiler rooms, supply storage rooms, employee
lounges or locker rooms, janitorial closets, entrances,
corridors, and restrooms are not areas containing a primary
function.
(c) Alterations to an area containing a primary function. (1)
Alterations that affect the usability of or access to an area
containing a primary function include, but are not limited to --
(i) Remodeling merchandise display areas or employee work areas
in a department store;
(ii) Replacing an inaccessible floor surface in the customer
service or employee work areas of a bank;
(iii) Redesigning the assembly line area of a factory; or
(iv) Installing a computer center in an accounting firm.
(2) For the purposes of this section, alterations to windows,
hardware, controls, electrical outlets, and signage shall not be
deemed to be alterations that affect the usability of or access
to an area containing a primary function.
(d) Landlord/tenant: If a tenant is making alterations as
defined in Sec.36.402 that would trigger the requirements of
this section, those alterations by the tenant in areas that only
the tenant occupies do not trigger a path of travel obligation
upon the landlord with respect to areas of the facility under
the landlord's authority, if those areas are not otherwise being
altered.
(e) Path of travel. (1) A "path of travel'' includes a
continuous, unobstructed way of pedestrian passage by means of
which the altered area may be approached, entered, and exited,
and which connects the altered area with an exterior approach
(including sidewalks, streets, and parking areas), an entrance
to the facility, and other parts of the facility.
(2) An accessible path of travel may consist of walks and
sidewalks, curb ramps and other interior or exterior pedestrian
ramps; clear floor paths through lobbies, corridors, rooms, and
other improved areas; parking access aisles; elevators and
lifts; or a combination of these elements.
(3) For the purposes of this part, the term "path of travel''
also includes the restrooms, telephones, and drinking fountains
serving the altered area.
(f) Disproportionality. (1) Alterations made to provide an
accessible path of travel to the altered area will be deemed
disproportionate to the overall alteration when the cost exceeds
20% of the cost of the alteration to the primary function area.
(2) Costs that may be counted as expenditures required to
provide an accessible path of travel may include:
(i) Costs associated with providing an accessible entrance and
an accessible route to the altered area, for example, the cost
of widening doorways or installing ramps;
(ii) Costs associated with making restrooms accessible, such as
installing grab bars, enlarging toilet stalls, insulating pipes,
or installing accessible faucet controls;
(iii) Costs associated with providing accessible telephones,
such as relocating the telephone to an accessible height,
installing amplification devices, or installing a
telecommunications device for deaf persons (TDD);
(iv) Costs associated with relocating an inaccessible drinking
fountain.
(g) Duty to provide accessible features in the event of
disproportionality. (1) When the cost of alterations necessary
to make the path of travel to the altered area fully accessible
is disproportionate to the cost of the overall alteration, the
path of travel shall be made accessible to the extent that it
can be made accessible without incurring disproportionate costs.
(2) In choosing which accessible elements to provide, priority
should be given to those elements that will provide the greatest
access, in the following order:
(i) An accessible entrance;
(ii) An accessible route to the altered area;
(iii) At least one accessible restroom for each sex or a single
unisex restroom;
(iv) Accessible telephones;
(v) Accessible drinking fountains; and
(vi) When possible, additional accessible elements such as
parking, storage, and alarms.
(h) Series of smaller alterations. (1) The obligation to provide
an accessible path of travel may not be evaded by performing a
series of small alterations to the area served by a single path
of travel if those alterations could have been performed as a
single undertaking.
(2) (i) If an area containing a primary function has been
altered without providing an accessible path of travel to that
area, and subsequent alterations of that area, or a different
area on the same path of travel, are undertaken within three
years of the original alteration, the total cost of alterations
to the primary function areas on that path of travel during the
preceding three year period shall be considered in determining
whether the cost of making that path of travel accessible is
disproportionate.
(ii) Only alterations undertaken after January 26, 1992, shall
be considered in determining if the cost of providing an
accessible path of travel is disproportionate to the overall
cost of the alterations.
Sec.36.404 Alterations: Elevator exemption.
(a) This section does not require the installation of an
elevator in an altered facility that is less than three stories
or has less than 3,000 square feet per story, except with
respect to any facility that houses a shopping center, a
shopping mall, the professional office of a health care
provider, a terminal, depot, or other station used for specified
public transportation, or an airport passenger terminal.
(1) For the purposes of this section, "professional office of a
health care provider'' means a location where a person or entity
regulated by a State to provide professional services related to
the physical or mental health of an individual makes such
services available to the public. The facility that houses a
"professional office of a health care provider'' only includes
floor levels housing by at least one health care provider, or
any floor level designed or intended for use by at least one
health care provider.
(2) For the purposes of this section, shopping center or
shopping mall means --
(i) A building housing five or more sales or rental
establishments; or
(ii) A series of buildings on a common site, connected by a
common pedestrian access route above or below the ground floor,
that is either under common ownership or common control or
developed either as one project or as a series of related
projects, housing five or more sales or rental establishments.
For purposes of this section, places of public accommodation of
the types listed in paragraph (5) of the definition of "place of
public accommodation'' in Sec.36.104 are considered sales or
rental establishments. The facility housing a "shopping center
or shopping mall'' only includes floor levels housing at least
one sales or rental establishment, or any floor level designed
or intended for use by at least one sales or rental
establishment.
(b) The exemption provided in paragraph (a) of this section does
not obviate or limit in any way the obligation to comply with
the other accessibility requirements established in this
subpart. For example, alterations to floors above or below the
accessible ground floor must be accessible regardless of whether
the altered facility has an elevator.
Sec.36.405 Alterations: Historic preservation.
(a) Alterations to buildings or facilities that are eligible for
listing in the National Register of Historic Places under the
National Historic Preservation Act (16 U.S.C. 470 et seq.), or
are designated as historic under State or local law, shall
comply to the maximum extent feasible with section 4.1.7 of
appendix A to this part.
(b) If it is determined under the procedures set out in section
4.1.7 of appendix A that it is not feasible to provide physical
access to an historic property that is a place of public
accommodation in a manner that will not threaten or destroy the
historic significance of the building or facility, alternative
methods of access shall be provided pursuant to the requirements
of subpart C of this part.
Sec.36.406 Standards for new construction and alterations.
(a) New construction and alterations subject to this part shall
comply with the standards for accessible design published as
appendix A to this part (ADAAG).
(b) The chart in the appendix to this section provides guidance
to the user in reading appendix A to this part (ADAAG) together
with subparts A through D of this part, when determining
requirements for a particular facility.
Appendix to Sec.36.406
This chart has no effect for purposes of compliance or
enforcement. It does not necessarily provide complete or
mandatory (TABLE START) information.
Subparts A - D ADAAG
Application, General 36.102(b)(3): public accommodations
36.102(c): commercial facilities
36.102(e): public entities
36.103 (other laws) 36.401 ("for first occupancy'')
36.402(a) (alterations) 1, 2, 3, 4.1.1.
Definitions 36.104: commercial facilities, facility, place of
public accommodation, private club, public accommodation, public
entity, religious entity
36.401(d)(1)(ii), 36.404(a)(2): shopping center orshopping mall
36.401(d)(1)(i), 36.404(a)(1): professional office of a health
care provider
36.402: alteration; usability
36.402(c): to the maximum extent feasible 3.5 Definitions,
including: addition, alteration, building, element, facility,
space, story.
4.1.6(j), technical infeasibility.
New Construction: 36.401(a) General 4.1.2.
General 36.401(b) Commercial facilities in private residences
36.207 Places of public accommodation in private residences
4.1.3.
Work Areas
---------------------------------------------------------
4.1.1(3)
Structural Impracticability 36.401(c) 4.1.1(5)(a).
Elevator Exemption 36.401(d)
36.404 4.1.3(5).
Other Exceptions
---------------------------------------------------------
4.1.1(5), 4.1.3(5) and throughout.
Alterations: General 36.401(b): commercial facilities in private
residences
36.402 4.1.6(1).
Alterations Affecting an Area Containing A Primary Function;
Path of Travel; Disproportionality 36.403 4.1.6(2).
Alterations: Special Technical Provisions
---------------------------------------------------------
4.1.6(3).
Additions 36.401 - 36.405 4.1.5.
Historic Preservation 36.405 4.1.7.
Technical Provisions
--------------------------------------------------------- 4.2
through 4.35.
Restaurants and Cafeterias
--------------------------------------------------------- 5.
Medical Care Facilities
--------------------------------------------------------- 6.
Business and Mercantile
--------------------------------------------------------- 7.
Libraries
--------------------------------------------------------- 8.
Transient Lodging (Hotels, Homeless Shelters, Etc.)
--------------------------------------------------------- 9.
Transportation Facilities
--------------------------------------------------------- 10.
[Order No. 1513 - 91, 56 FR 35592, July 26, 1991, as amended by
Order No. 1836 - 94, 59 FR 2675, Jan. 18, 1994]
Sec.36.407 Temporary suspension of certain detectable warning
requirements.
The requirements contained in sections 4.7.7, 4.29.5, and 4.29.6
of appendix A to this part are suspended temporarily until July
26, 1996.
[Order No. 1852 - 94, 59 FR 17446, Apr. 12, 1994]
Sec..36.408 -- 36.499 [Reserved]
Subpart E -- Enforcement
Sec.36.501 Private suits.
(a) General. Any person who is being subjected to discrimination
on the basis of disability in violation of the Act or this part
or who has reasonable grounds for believing that such person is
about to be subjected to discrimination in violation of section
303 of the Act or subpart D of this part may institute a civil
action for preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other
order. Upon timely application, the court may, in its
discretion, permit the Attorney General to intervene in the
civil action if the Attorney General or his or her designee
certifies that the case is of general public importance. Upon
application by the complainant and in such circumstances as the
court may deem just, the court may appoint an attorney for such
complainant and may authorize the commencement of the civil
action without the payment of fees, costs, or security. Nothing
in this section shall require a person with a disability to
engage in a futile gesture if the person has actual notice that
a person or organization covered by title III of the Act or this
part does not intend to comply with its provisions.
(b) Injunctive relief. In the case of violations of Sec.36.304,
Sec..36.308, 36.310(b), 36.401, 36.402, 36.403, and 36.405 of
this part, injunctive relief shall include an order to alter
facilities to make such facilities readily accessible to and
usable by individuals with disabilities to the extent required
by the Act or this part. Where appropriate, injunctive relief
shall also include requiring the provision of an auxiliary aid
or service, modification of a policy, or provision of
alternative methods, to the extent required by the Act or this
part.
Sec.36.502 Investigations and compliance reviews.
(a) The Attorney General shall investigate alleged violations of
the Act or this part.
(b) Any individual who believes that he or she or a specific
class of persons has been subjected to discrimination prohibited
by the Act or this part may request the Department to institute
an investigation.
(c) Where the Attorney General has reason to believe that there
may be a violation of this part, he or she may initiate a
compliance review.
Sec.36.503 Suit by the Attorney General.
Following a compliance review or investigation under Sec.36.502,
or at any other time in his or her discretion, the Attorney
General may commence a civil action in any appropriate United
States district court if the Attorney General has reasonable
cause to believe that --
(a) Any person or group of persons is engaged in a pattern or
practice of discrimination in violation of the Act or this part;
or
(b) Any person or group of persons has been discriminated
against in violation of the Act or this part and the
discrimination raises an issue of general public importance.
Sec.36.504 Relief.
(a) Authority of court. In a civil action under Sec.36.503, the
court --
(1) May grant any equitable relief that such court considers to
be appropriate, including, to the extent required by the Act or
this part --
(i) Granting temporary, preliminary, or permanent relief;
(ii) Providing an auxiliary aid or service, modification of
policy, practice, or procedure, or alternative method; and
(iii) Making facilities readily accessible to and usable by
individuals with disabilities;
(2) May award other relief as the court considers to be
appropriate, including monetary damages to persons aggrieved
when requested by the Attorney General; and
(3) May, to vindicate the public interest, assess a civil
penalty against the entity in an amount
(i) Not exceeding $50,000 for a first violation occurring before
September 29, 1999, and not exceeding $55,000 for a first
violation occurring on or after September 29, 1999; and
(ii) Not exceeding $100,000 for any subsequent violation
occurring before September 29, 1999, and not exceeding $110,000
for any subsequent violation occurring on or after September 29,
1999.
(b) Single violation. For purposes of paragraph (a) (3) of this
section, in determining whether a first or subsequent violation
has occurred, a determination in a single action, by judgment or
settlement, that the covered entity has engaged in more than one
discriminatory act shall be counted as a single violation.
(c) Punitive damages. For purposes of paragraph (a)(2) of this
section, the terms "monetary damages'' and "such other relief''
do not include punitive damages.
(d) Judicial consideration. In a civil action under Sec.36.503,
the court, when considering what amount of civil penalty, if
any, is appropriate, shall give consideration to any good faith
effort or attempt to comply with this part by the entity. In
evaluating good faith, the court shall consider, among other
factors it deems relevant, whether the entity could have
reasonably anticipated the need for an appropriate type of
auxiliary aid needed to accommodate the unique needs of a
particular individual with a disability.
Sec.36.505 Attorneys fees.
In any action or administrative proceeding commenced pursuant to
the Act or this part, the court or agency, in its discretion,
may allow the prevailing party, other than the United States, a
reasonable attorney's fee, including litigation expenses, and
costs, and the United States shall be liable for the foregoing
the same as a private individual.
Sec.36.506 Alternative means of dispute resolution.
Where appropriate and to the extent authorized by law, the use
of alternative means of dispute resolution, including settlement
negotiations, conciliation, facilitation, mediation,
factfinding, minitrials, and arbitration, is encouraged to
resolve disputes arising under the Act and this part.
Sec.36.507 Effect of unavailability of technical assistance.
A public accommodation or other private entity shall not be
excused from compliance with the requirements of this part
because of any failure to receive technical assistance,
including any failure in the development or dissemination of any
technical assistance manual authorized by the Act.
Sec.36.508 Effective date.
(a) General. Except as otherwise provided in this section and in
this part, this part shall become effective on January 26, 1992.
(b) Civil actions. Except for any civil action brought for a
violation of section 303 of the Act, no civil action shall be
brought for any act or omission described in section 302 of the
Act that occurs --
(1) Before July 26, 1992, against businesses with 25 or fewer
employees and gross receipts of $1,000,000 or less.
(2) Before January 26, 1993, against businesses with 10 or fewer
employees and gross receipts of $500,000 or less.
(c) Transportation services provided by public accommodations.
Newly purchased or leased vehicles required to be accessible by
Sec.36.310 must be readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, if the solicitation for the vehicle is made after
August 25, 1990.
Sec..36.509 -- 36.599 [Reserved]
Subpart F -- Certification of State Laws or Local Building Codes
Sec.36.601 Definitions.
Assistant Attorney General means the Assistant Attorney General
for Civil Rights or his or her designee.
Certification of equivalency means a final certification that a
code meets or exceeds the minimum requirements of title III of
the Act for accessibility and usability of facilities covered by
that title.
Code means a State law or local building code or similar
ordinance, or part thereof, that establishes accessibility
requirements.
Model code means a nationally recognized document developed by a
private entity for use by State or local jurisdictions in
developing codes as defined in this section. A model code is
intended for incorporation by reference or adoption in whole or
in part, with or without amendment, by State or local
jurisdictions.
Preliminary determination of equivalency means a preliminary
determination that a code appears to meet or exceed the minimum
requirements of title III of the Act for accessibility and
usability of facilities covered by that title.
Submitting official means the State or local official who --
(1) Has principal responsibility for administration of a code,
or is authorized to submit a code on behalf of a jurisdiction;
and
(2) Files a request for certification under this subpart.
Sec.36.602 General rule.
On the application of a State or local government, the Assistant
Attorney General may certify that a code meets or exceeds the
minimum requirements of the Act for the accessibility and
usability of places of public accommodation and commercial
facilities under this part by issuing a certification of
equivalency. At any enforcement proceeding under title III of
the Act, such certification shall be rebuttable evidence that
such State law or local ordinance does meet or exceed the
minimum requirements of title III. |
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Sec.36.603 Filing request for certification.
(a) A submitting official may file a request for certification
of a code under this subpart.
(b) Before filing a request for certification of a code, the
submitting official shall ensure that --
(1) Adequate public notice of intention to file a request for
certification, notice of a hearing, and notice of the location
at which the request and materials can be inspected is published
within the relevant jurisdiction;
(2) Copies of the proposed request and supporting materials are
made available for public examination and copying at the office
of the State or local agency charged with administration and
enforcement of the code; and
(3) The local or State jurisdiction holds a public hearing on
the record, in the State or locality, at which the public is
invited to comment on the proposed request for certification.
(c) The submitting official shall include the following
materials and information in support of the request:
(1) The text of the jurisdiction's code; any standard,
regulation, code, or other relevant document incorporated by
reference or otherwise referenced in the code; the law creating
and empowering the agency; any relevant manuals, guides, or any
other interpretive information issued that pertain to the code;
and any formal opinions of the State Attorney General or the
chief legal officer of the jurisdiction that pertain to the
code;
(2) Any model code or statute on which the pertinent code is
based, and an explanation of any differences between the model
and the pertinent code;
(3) A transcript of the public hearing required by paragraph
(b)(3) of this section; and
(4) Any additional information that the submitting official may
wish to be considered.
(d) The submitting official shall file the original and one copy
of the request and of supporting materials with the Assistant
Attorney General. The submitting official shall clearly label
the request as a "request for certification'' of a code. A copy
of the request and supporting materials will be available for
public examination and copying at the offices of the Assistant
Attorney General in Washington, DC. The submitting official
shall ensure that copies of the request and supporting materials
are available for public examination and copying at the office
of the State or local agency charged with administration and
enforcement of the code. The submitting official shall ensure
that adequate public notice of the request for certification and
of the location at which the request and materials can be
inspected is published within the relevant jurisdiction.
(e) Upon receipt of a request for certification, the Assistant
Attorney General may request further information that he or she
considers relevant to the determinations required to be made
under this subpart.
(Approved by the Office of Management and Budget under control
number 1190 - 0005)
[56 FR 35592, July 26, 1991, as amended by Order No. 1679 - 93,
58 FR 17522, Apr. 5, 1993]
Sec.36.604 Preliminary determination.
After consultation with the Architectural and Transportation
Barriers Compliance Board, the Assistant Attorney General shall
make a preliminary determination of equivalency or a preliminary
determination to deny certification.
Sec.36.605 Procedure following preliminary determination of
equivalency.
(a) If the Assistant Attorney General makes a preliminary
determination of equivalency under Sec.36.604, he or she shall
inform the submitting official, in writing, of that preliminary
determination. The Assistant Attorney General shall also --
(1) Publish a notice in the Federal Register that advises the
public of the preliminary determination of equivalency with
respect to the particular code, and invite interested persons
and organizations, including individuals with disabilities,
during a period of at least 60 days following publication of the
notice, to file written comments relevant to whether a final
certification of equivalency should be issued;
(2) After considering the information received inresponse to the
notice described in paragraph (a) of this section, and after
publishing a separate notice in the Federal Register, hold an
informal hearing in Washington, DC at which interested persons,
including individuals with disabilities, are provided an
opportunity to express their views with respect to the
preliminary determination of equivalency; and
(b) The Assistant Attorney General, after consultation with the
Architectural and Transportation Barriers Compliance Board, and
consideration of the materials and information submitted
pursuant to this section and Sec.36.603, shall issue either a
certification of equivalency or a final determination to deny
the request for certification. He or she shall publish notice of
the certification of equivalency or denial of certification in
the Federal Register.
Sec.36.606 Procedure following preliminary denial of
certification.
(a) If the Assistant Attorney General makes a Preliminary
determination to deny certification of a code under Sec.36.604,
he or she shall notify the submitting official of the
determination. The notification may include specification of the
manner in which the code could be amended in order to qualify
for certification.
(b) The Assistant Attorney General shall allow the submitting
official not less than 15 days to submit data, views, and
arguments in opposition to the preliminary determination to deny
certification. If the submitting official does not submit
materials, the Assistant Attorney General shall not be required
to take any further action. If the submitting official submits
materials, the Assistant Attorney General shall evaluate those
materials and any other relevant information. After evaluation
of any newly submitted materials, the Assistant Attorney General
shall make either a final denial of certification or a
preliminary determination of equivalency.
Sec.36.607 Effect of certification.
(a)(1) A certification shall be considered a certification of
equivalency only with respect to those features or elements that
are both covered by the certified code and addressed by the
standards against which equivalency is measured.
(2) For example, if certain equipment is not covered by the
code, the determination of equivalency cannot be used as
evidence with respect to the question of whether equipment in a
building built according to the code satisfies the Act's
requirements with respect to such equipment. By the same token,
certification would not be relevant to construction of a
facility for children, if the regulations against which
equivalency is measured do not address children's facilities.
(b) A certification of equivalency is effective only with
respect to the particular edition of the code for which
certification is granted. Any amendments or other changes to the
code after the date of the certified edition are not considered
part of the certification.
(c) A submitting official may reapply for certification of
amendments or other changes to a code that has already received
certification.
Sec.36.608 Guidance concerning model codes.
Upon application by an authorized representative of a private
entity responsible for developing a model code, the Assistant
Attorney General may review the relevant model code and issue
guidance concerning whether and in what respects the model code
is consistent with the minimum requirements of the Act for the
accessibility and usability of places of public accommodation
and commercial facilities under this part.
Pt. 36, App. A
Appendix A to Part 36 -- Standards for Accessible Design
ADA ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES
TABLE OF CONTENTS
1. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . .
2.1 Provisions for Adults . . . . . . . . . . . . . . . .
2.2* Equivalent Facilitation. . . . . . . . . . . . . . .
3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS . . . . . . . .
3.1 Graphic Conventions . . . . . . . . . . . . . . . . .
3.2 Dimensional Tolerances. . . . . . . . . . . . . . . .
3.3 Notes . . . . . . . . . . . . . . . . . . . . . . . .
3.4 General Terminology . . . . . . . . . . . . . . . . .
3.5 Definitions . . . . . . . . . . . . . . . . . . . . .
4. ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL
REQUIREMENTS . . . . . . . . . . . .
4.1 Minimum Requirements . . . . . . . . . . . . . . . .
4.1.1* Application . . . . . . . . . . . . . . . . . . .
4.1.2 Accessible Sites and Exterior Facilities: New
Construction. . . . . . . . . . . . . . .
4.1.3 Accessible Buildings: New Construction . . . . . .
4.1.4 (Reserved) . . . . . . . . . . . . . . . . . . . .
4.1.5 Accessible Buildings: Additions. . . . . . . . . .
4.1.6 Accessible Buildings: Alterations. . . . . . . . .
4.1.7 Accessible Buildings: Historic Preservation. . . .
4.2 Space Allowance and Reach Ranges . . . . . . . . . .
4.3 Accessible Route . . . . . . . . . . . . . . . . . .
4.4 Protruding Objects . . . . . . . . . . . . . . . . .
4.5 Ground and Floor Surfaces . . . . . . . . . . . . .
4.6 Parking and Passenger Loading Zones . . . . . . . .
4.7 Curb Ramps . . . . . . . . . . . . . . . . . . . . .
4.8 Ramps . . . . . . . . . . . . . . . . . . . . . . .
4.9 Stairs . . . . . . . . . . . . . . . . . . . . . . .
4.10 Elevators . . . . . . . . . . . . . . . . . . . . .
4.11 Platform Lifts (Wheelchair Lifts) . . . . . . . . .
4.12 Windows . . . . . . . . . . . . . . . . . . . . . .
4.13 Doors . . . . . . . . . . . . . . . . . . . . . . .
4.14 Entrances . . . . . . . . . . . . . . . . . . . . .
4.15 Drinking Fountains and Water Coolers . . . . . . .
4.16 Water Closets . . . . . . . . . . . . . . . . . . .
4.17 Toilet Stalls . . . . . . . . . . . . . . . . . . .
4.18 Urinals . . . . . . . . . . . . . . . . . . . . . .
4.19 Lavatories and Mirrors . . . . . . . . . . . . . .
4.20 Bathtubs . . . . . . . . . . . . . . . . . . . . .
4.21 Shower Stalls . . . . . . . . . . . . . . . . . . .
4.22 Toilet Rooms . . . . . . . . . . . . . . . . . . .
4.23 Bathrooms, Bathing Facilities, and Shower Rooms . .
4.24 Sinks . . . . . . . . . . . . . . . . . . . . . . .
4.25 Storage . . . . . . . . . . . . . . . . . . . . . .
4.26 Handrails, Grab Bars, and Tub and Shower Seats . .
4.27 Controls and Operating Mechanisms . . . . . . . . .
4.28 Alarms . . . . . . . . . . . . . . . . . . . . . .
4.29 Detectable Warnings . . . . . . . . . . . . . . . .
4.30 Signage . . . . . . . . . . . . . . . . . . . . . .
4.31 Telephones . . . . . . . . . . . . . . . . . . . .
4.32 Fixed or Built-in Seating and Tables . . . . . . .
4.33 Assembly Areas . . . . . . . . . . . . . . . . . .
4.34 Automated Teller Machines . . . . . . . . . . . . .
4.35 Dressing and Fitting Rooms . . . . . . . . . . . . 14
5. RESTAURANTS AND CAFETERIAS. . . . . . . . . . . . . . . . .59
6. MEDICAL CARE FACILITIES . . . . . . . . . . . . . . . . . .60
7. BUSINESS AND MERCANTILE . . . . . . . . . . . . . . . . . .61
8. LIBRARIES . . . . . . . . . . . . . . . . . . . . . . . . .62
9. ACCESSIBLE TRANSIENT LODGING. . . . . . . . . . . . . . . .63
10. TRANSPORTATION FACILITIES. . . . . . . . . . . . . . . . .67
APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . .
A1
1. PURPOSE.
This document sets guidelines for accessibility to places of
public accommodation and commercial facilities by individuals
with disabilities. These guidelines are to be applied during the
design, construction, and alteration of such buildings and
facilities to the extent required by regulations issued by
Federal agencies, including the Department of Justice, under the
Americans with Disabilities Act of 1990.
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The technical specifications 4.2 through 4.35, of these
guidelines are the same as those of the American National
Standard Institute's document A117.1-1980, except as noted in
this text by italics. However, sections 4.1.1 through 4.1.7 and
sections 5 through 10 are different from ANSI A117.1 in their
entirety and are printed in standard type. |
The illustrations and text of ANSI A117.1 are reproduced with
permission from the American National Standards Institute.
Copies of the standard may be purchased from the American
National Standards Institute at 1430 Broadway, New York, New
York 10018.
2. GENERAL.
2.1 Provisions for Adults. The specifications in these
guidelines are based upon adult dimensions and anthropometrics.
2.2* Equivalent Facilitation. Departures from particular
technical and scoping requirements of this guideline by the use
of other designs and technologies are permitted where the
alternative designs and technologies used will provide
substantially equivalent or greater access to and usability of
the facility.
3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS.
3.1 Graphic Conventions. Graphic conventions are shown in Table
1. Dimensions that are not marked minimum or maximum are
absolute, unless otherwise indicated in the text or captions.
3.2 Dimensional Tolerances. All dimensions are subject to
conventional building industry tolerances for field conditions.
3.3 Notes. The text of these guidelines does not contain notes
or footnotes. Additional information, explanations, and advisory
materials are located in the Appendix. Paragraphs marked with an
asterisk have related, nonmandatory material in the Appendix. In
the Appendix, the corresponding paragraph numbers are preceded
by an A.
3.4 General Terminology.
comply with. Meet one or more specifications of these
guidelines.
if, if ... then. Denotes a specification that applies only when
the conditions described are present.
may. Denotes an option or alternative.
shall. Denotes a mandatory specification or requirement.
should. Denotes an advisory specification or recommendation.
3.5 Definitions.
Access Aisle. An accessible pedestrian space between elements,
such as parking spaces, seating, and desks, that provides
clearances appropriate for use of the elements.
Accessible. Describes a site, building, facility, or portion
thereof that complies with these guidelines.
Accessible Element. An element specified by these guidelines
(for example, telephone, controls, and the like).
Accessible Route. A continuous unobstructed path connecting all
accessible elements and spaces of a building or facility.
Interior accessible routes may include corridors, floors, ramps,
elevators, lifts, and clear floor space at fixtures. Exterior
accessible routes may include parking access aisles, curb ramps,
crosswalks at vehicular ways, walks, ramps, and lifts.
Accessible Space. Space that complies with these guidelines.
Adaptability. The ability of certain building spaces and
elements, such as kitchen counters, sinks, and grab bars, to be
added or altered so as to accommodate the needs of individuals
with or without disabilities or to accommodate the needs of
persons with different types or degrees of disability.
Addition. An expansion, extension, or increase in the gross
floor area of a building or facility.
Administrative Authority. A governmental agency that adopts or
enforces regulations and guidelines for the design,
construction, or alteration of buildings and facilities.
Alteration. An alteration is a change to a building or facility
made by, on behalf of, or for the use of a public accommodation
or commercial facility, that affects or could affect the
usability of the building or facility or part thereof.
Alterations include, but are not limited to, remodeling,
renovation, rehabilitation, reconstruction, historic
restoration, changes or rearrangement of the structural parts or
elements, and changes or rearrangement in the plan configuration
of walls and full-height partitions. Normal maintenance,
reroofing, painting or wallpapering, or changes to mechanical
and electrical systems are not alterations unless they affect
the usability of the building or facility.
Area of Rescue Assistance. An area, which has direct access to
an exit, where people who are unable to use stairs may remain
temporarily in safety to await further instructions or
assistance during emergency evacuation.
Assembly Area. A room or space accommodating a group of
individuals for recreational, educational, political, social, or
amusement purposes, or for the consumption of food and drink.
Automatic Door. A door equipped with a power-operated mechanism
and controls that open and close the door automatically upon
receipt of a momentary actuating signal. The switch that begins
the automatic cycle may be a photoelectric device, floor mat, or
manual switch (see power-assisted door).
Building. Any structure used and intended for supporting or
sheltering any use or occupancy.
Circulation Path. An exterior or interior way of passage from
one place to another for pedestrians, including, but not limited
to, walks, hallways, courtyards, stairways, and stair landings.
Clear. Unobstructed.
Clear Floor Space. The minimum unobstructed floor or ground
space required to accommodate a single, stationary wheelchair
and occupant.
Closed Circuit Telephone. A telephone with dedicated line(s)
such as a house phone, courtesy phone or phone that must be used
to gain entrance to a facility.
Common Use. Refers to those interior and exterior rooms, spaces,
or elements that are made available for the use of a restricted
group of people (for example, occupants of a homeless shelter,
the occupants of an office building, or the guests of such
occupants).
Cross Slope. The slope that is perpendicular to the direction of
travel (see running slope).
Curb Ramp. A short ramp cutting through a curb or built up to
it.
Detectable Warning. A standardized surface feature built in or
applied to walking surfaces or other elements to warn visually
impaired people of hazards on a circulation path.
Dwelling Unit. A single unit which provides a kitchen or food
preparation area, in addition to rooms and spaces for living,
bathing, sleeping, and the like. Dwelling units include a single
family home or a townhouse used as a transient group home; an
apartment building used as a shelter; guestrooms in a hotel that
provide sleeping accommodations and food preparation areas; and
other similar facilities used on a transient basis. For purposes
of these guidelines, use of the term "Dwelling Unit" does not
imply the unit is used as a residence.
Egress, Means of. A continuous and unobstructed way of exit
travel from any point in a building or facility to a public way.
A means of egress comprises vertical and horizontal travel and
may include intervening room spaces, doorways, hallways,
corridors, passageways, balconies, ramps, stairs, enclosures,
lobbies, horizontal exits, courts and yards. An accessible means
of egress is one that complies with these guidelines and does
not include stairs, steps, or escalators. Areas of rescue
assistance or evacuation elevators may be included as part of
accessible means of egress.
Element. An architectural or mechanical component of a building,
facility, space, or site, e.g., telephone, curb ramp, door,
drinking fountain, seating, or water closet.
Entrance. Any access point to a building or portion of a
building or facility used for the purpose of entering. An
entrance includes the approach walk, the vertical access leading
to the entrance platform, the entrance platform itself,
vestibules if provided, the entry door(s) or gate(s), and the
hardware of the entry door(s) or gate(s).
Facility. All or any portion of buildings, structures, site
improvements, complexes, equipment, roads, walks, passageways,
parking lots, or other real or personal property located on a
site.
Ground Floor. Any occupiable floor less than one story above or
below grade with direct access to grade. A building or facility
always has at least one ground floor and may have more than one
ground floor as where a split level entrance has been provided
or where a building is built into a hillside.
Mezzanine or Mezzanine Floor. That portion of a story which is
an intermediate floor level placed within the story and having
occupiable space above and below its floor.
Marked Crossing. A crosswalk or other identified path intended
for pedestrian use in crossing a vehicular way.
Multifamily Dwelling. Any building containing more than two
dwelling units.
Occupiable. A room or enclosed space designed for human
occupancy in which individuals congregate for amusement,
educational or similar purposes, or in which occupants are
engaged at labor, and which is equipped with means of egress,
light, and ventilation.
Operable Part. A part of a piece of equipment or appliance used
to insert or withdraw objects, or to activate, deactivate, or
adjust the equipment or appliance (for example, coin slot,
pushbutton, handle).
Path of Travel. (Reserved).
Power-assisted Door. A door used for human passage with a
mechanism that helps to open the door, or relieves the opening
resistance of a door, upon the activation of a switch or a
continued force applied to the door itself.
Public Use. Describes interior or exterior rooms or spaces that
are made available to the general public. Public use may be
provided at a building or facility that is privately or publicly
owned.
Ramp. A walking surface which has a running slope greater than
1:20.
Running Slope. The slope that is parallel to the direction of
travel (see cross slope).
Service Entrance. An entrance intended primarily for delivery of
goods or services.
Signage. Displayed verbal, symbolic, tactile, and pictorial
information.
Site. A parcel of land bounded by a property line or a
designated portion of a public right-of-way.
Site Improvement. Landscaping, paving for pedestrian and
vehicular ways, outdoor lighting, recreational facilities, and
the like, added to a site.
Sleeping Accommodations. Rooms in which people sleep; for
example, dormitory and hotel or motel guest rooms or suites.
Space. A definable area, e.g., room, toilet room, hall, assembly
area, entrance, storage room, alcove, courtyard, or lobby.
Story. That portion of a building included between the upper
surface of a floor and upper surface of the floor or roof next
above. If such portion of a building does not include occupiable
space, it is not considered a story for purposes of these
guidelines. There may be more than one floor level within a
story as in the case of a mezzanine or mezzanines.
Structural Frame. The structural frame shall be considered to be
the columns and the girders, beams, trusses and spandrels having
direct connections to the columns and all other members which
are essential to the stability of the building as a whole.
Tactile. Describes an object that can be perceived using the
sense of touch.
Text Telephone. Machinery or equipment that employs interactive
graphic (i.e., typed) communications through the transmission of
coded signals across the standard telephone network. Text
telephones can include, for example, devices known as TDD's
(telecommunication display devices or telecommunication devices
for deaf persons) or computers.
Transient Lodging. A building, facility, or portion thereof,
excluding inpatient medical care facilities, that contains one
or more dwelling units or sleeping accommodations. Transient
lodging may include, but is not limited to, resorts, group
homes, hotels, motels, and dormitories.
Vehicular Way. A route intended for vehicular traffic, such as a
street, driveway, or parking lot.
Walk. An exterior pathway with a prepared surface intended for
pedestrian use, including general pedestrian areas such as
plazas and courts.
NOTE: Sections 4.1.1 through 4.1.7 are different from ANSI
A117.1 in their entirety and are printed in standard type (ANSI
A117.1 does not include scoping provisions).
4. ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL
REQUIREMENTS.
4.1 Minimum Requirements
4.1.1* Application.
(1) General. All areas of newly designed or newly constructed
buildings and facilities required to be accessible by 4.1.2 and
4.1.3 and altered portions of existing buildings and facilities
required to be accessible by 4.1.6 shall comply with these
guidelines, 4.1 through 4.35, unless otherwise provided in this
section or as modified in a special application section.
(2) Application Based on Building Use. Special application
sections 5 through 10 provide additional requirements for
restaurants and cafeterias, medical care facilities, business
and mercantile, libraries, accessible transient lodging, and
transportation facilities. When a building or facility contains
more than one use covered by a special application section, each
portion shall comply with the requirements for that use.
(3)* Areas Used Only by Employees as Work Areas. Areas that are
used only as work areas shall be designed and constructed so
that individuals with disabilities can approach, enter, and exit
the areas. These guidelines do not require that any areas used
only as work areas be constructed to permit maneuvering within
the work area or be constructed or equipped (i.e., with racks or
shelves) to be accessible.
(4) Temporary Structures. These guidelines cover temporary
buildings or facilities as well as permanent facilities.
Temporary buildings and facilities are not of permanent
construction but are extensively used or are essential for
public use for a period of time. Examples of temporary buildings
or facilities covered by these guidelines include, but are not
limited to: reviewing stands, temporary classrooms, bleacher
areas, exhibit areas, temporary banking facilities, temporary
health screening services, or temporary safe pedestrian
passageways around a construction site. Structures, sites and
equipment directly associated with the actual processes of
construction, such as scaffolding, bridging, materials hoists,
or construction trailers are not included.
(5) General Exceptions.
(a) In new construction, a person or entity is not required to
meet fully the requirements of these guidelines where that
person or entity can demonstrate that it is structurally
impracticable to do so. Full compliance will be considered
structurally impracticable only in those rare circumstances when
the unique characteristics of terrain prevent the incorporation
of accessibility features. If full compliance with the
requirements of these guidelines is structurally impracticable,
a person or entity shall comply with the requirements to the
extent it is not structurally impracticable. Any portion of the
building or facility which can be made accessible shall comply
to the extent that it is not structurally impracticable.
(b) Accessibility is not required to (i) observation galleries
used primarily for security purposes; or (ii) in non-occupiable
spaces accessed only by ladders, catwalks, crawl spaces, very
narrow passageways, or freight (non-passenger) elevators, and
frequented only by service personnel for repair purposes; such
spaces include, but are not limited to, elevator pits, elevator
penthouses, piping or equipment catwalks.
4.1.2 Accessible Sites and Exterior Facilities: New
Construction. An accessible site shall meet the following
minimum requirements:
(1) At least one accessible route complying with 4.3 shall be
provided within the boundary of the site from public
transportation stops, accessible parking spaces, passenger
loading zones if provided, and public streets or sidewalks, to
an accessible building entrance.
(2) At least one accessible route complying with 4.3 shall
connect accessible buildings, accessible facilities, accessible
elements, and accessible spaces that are on the same site.
(3) All objects that protrude from surfaces or posts into
circulation paths shall comply with 4.4.
(4) Ground surfaces along accessible routes and in accessible
spaces shall comply with 4.5.
(5) (a) If parking spaces are provided for self-parking by
employees or visitors, or both, then accessible spaces complying
with 4.6 shall be provided in each such parking area in
conformance with the table below. Spaces required by the table
need not be provided in the particular lot. They may be provided
in a different location if equivalent or greater accessibility,
in terms of distance from an accessible entrance, cost and
convenience is ensured.
Total Parking in Lot Required Minimum Number of Accessible
Spaces
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1000
1001 and over 1
2
3
4
5
6
7
8
9
2 percent of total
20, plus 1 for each 100 over 1000
Except as provided in (b), access aisles adjacent to accessible
spaces shall be 60 in (1525 mm) wide minimum.
(b) One in every eight accessible spaces, but not less than one,
shall be served by an access aisle 96 in (2440 mm) wide minimum
and shall be designated "van accessible" as required by 4.6.4.
The vertical clearance at such spaces shall comply with 4.6.5.
All such spaces may be grouped on one level of a parking
structure.
EXCEPTION: Provision of all required parking spaces in
conformance with "Universal Parking Design" (see appendix
A4.6.3) is permitted.
(c) If passenger loading zones are provided, then at least one
passenger loading zone shall comply with 4.6.6.
(d) At facilities providing medical care and other services for
persons with mobility impairments, parking spaces complying with
4.6 shall be provided in accordance with 4.1.2(5)(a) except as
follows:
(i) Outpatient units and facilities: 10 percent of the total
number of parking spaces provided serving each such outpatient
unit or facility;
(ii) Units and facilities that specialize in treatment or
services for persons with mobility impairments: 20 percent of
the total number of parking spaces provided serving each such
unit or facility.
(e)* Valet parking: Valet parking facilities shall provide a
passenger loading zone complying with 4.6.6 located on an
accessible route to the entrance of the facility. Paragraphs
5(a), 5(b), and 5(d) of this section do not apply to valet
parking facilities.
(6) If toilet facilities are provided on a site, then each such
public or common use toilet facility shall comply with 4.22. If
bathing facilities are provided on a site, then each such public
or common use bathing facility shall comply with 4.23.
For single user portable toilet or bathing units clustered at a
single location, at least 5% but no less than one toilet unit or
bathing unit complying with 4.22 or 4.23 shall be installed at
each cluster whenever typical inaccessible units are provided.
Accessible units shall be identified by the International Symbol
of Accessibility.
EXCEPTION: Portable toilet units at construction sites used
exclusively by construction personnel are not required to comply
with 4.1.2(6).
(7) Building Signage. Signs which designate permanent rooms and
spaces shall comply with 4.30.1, 4.30.4, 4.30.5 and 4.30.6.
Other signs which provide direction to, or information about,
functional spaces of the building shall comply with 4.30.1,
4.30.2, 4.30.3, and 4.30.5. Elements and spaces of accessible
facilities which shall be identified by the International Symbol
of Accessibility and which shall comply with 4.30.7 are:
(a) Parking spaces designated as reserved for individuals with
disabilities;
(b) Accessible passenger loading zones;
(c) Accessible entrances when not all are accessible
(inaccessible entrances shall have directional signage to
indicate the route to the nearest accessible entrance);
(d) Accessible toilet and bathing facilities when not all are
accessible.
4.1.3 Accessible Buildings: New Construction. Accessible
buildings and facilities shall meet the following minimum
requirements:
(1) At least one accessible route complying with 4.3 shall
connect accessible building or facility entrances with all
accessible spaces and elements within the building or facility.
(2) All objects that overhang or protrude into circulation paths
shall comply with 4.4.
(3) Ground and floor surfaces along accessible routes and in
accessible rooms and spaces shall comply with 4.5.
(4) Interior and exterior stairs connecting levels that are not
connected by an elevator, ramp, or other accessible means of
vertical access shall comply with 4.9.
(5)* One passenger elevator complying with 4.10 shall serve each
level, including mezzanines, in all multi-story buildings and
facilities unless exempted below. If more than one elevator is
provided, each full passenger elevator shall comply with 4.10.
EXCEPTION 1: Elevators are not required in facilities that are
less than three stories or that have less than 3000 square feet
per story unless the building is a shopping center, a shopping
mall, or the professional office of a health care provider, or
another type of facility as determined by the Attorney General.
The elevator exemption set forth in this paragraph does not
obviate or limit in any way the obligation to comply with the
other accessibility requirements established in section 4.1.3.
For example, floors above or below the accessible ground floor
must meet the requirements of this section except for elevator
service. If toilet or bathing facilities are provided on a level
not served by an elevator, then toilet or bathing facilities
must be provided on the accessible ground floor. In new
construction if a building or facility is eligible for this
exemption but a full passenger elevator is nonetheless planned,
that elevator shall meet the requirements of 4.10 and shall
serve each level in the building. A full passenger elevator that
provides service from a garage to only one level of a building
or facility is not required to serve other levels.
EXCEPTION 2: Elevator pits, elevator penthouses, mechanical
rooms, piping or equipment catwalks are exempted from this
requirement.
EXCEPTION 3: Accessible ramps complying with 4.8 may be used in
lieu of an elevator.
EXCEPTION 4: Platform lifts (wheelchair lifts) complying with
4.11 of this guideline and applicable state or local codes may
be used in lieu of an elevator only under the following
conditions:
(a) To provide an accessible route to a performing area in an
assembly occupancy.
(b) To comply with the wheelchair viewing position line-of-sight
and dispersion requirements of 4.33.3.
(c) To provide access to incidental occupiable spaces and rooms
which are not open to the general public and which house no more
than five persons, including but not limited to equipment
control rooms and projection booths.
(d) To provide access where existing site constraints or other
constraints make use of a ramp or an elevator infeasible.
(6) Windows: (Reserved).
(7) Doors:
(a) At each accessible entrance to a building or facility, at
least one door shall comply with 4.13.
(b) Within a building or facility, at least one door at each
accessible space shall comply with 4.13.
(c) Each door that is an element of an accessible route shall
comply with 4.13.
(d) Each door required by 4.3.10, Egress, shall comply with
4.13.
(8) In new construction, at a minimum, the requirements in (a)
and (b) below shall be satisfied independently:
(a)(i) At least 50% of all public entrances (excluding those in
(b) below) must be accessible. At least one must be a ground
floor entrance. Public entrances are any entrances that are not
loading or service entrances.
(ii) Accessible entrances must be provided in a number at least
equivalent to the number of exits required by the applicable
building/fire codes. (This paragraph does not require an
increase in the total number of entrances planned for a
facility.)
(iii) An accessible entrance must be provided to each tenancy in
a facility (for example, individual stores in a strip shopping
center).
One entrance may be considered as meeting more than one of the
requirements in (a). Where feasible, accessible entrances shall
be the entrances used by the majority of people visiting or
working in the building.
(b)(i) In addition, if direct access is provided for pedestrians
from an enclosed parking garage to the building, at least one
direct entrance from the garage to the building must be
accessible.
(ii) If access is provided for pedestrians from a pedestrian
tunnel or elevated walkway, one entrance to the building from
each tunnel or walkway must be accessible.
One entrance may be considered as meeting more than one of the
requirements in (b).
Because entrances also serve as emergency exits whose proximity
to all parts of buildings and facilities is essential, it is
preferable that all entrances be accessible.
(c) If the only entrance to a building, or tenancy in a
facility, is a service entrance, that entrance shall be
accessible.
(d) Entrances which are not accessible shall have directional
signage complying with 4.30.1, 4.30.2, 4.30.3, and 4.30.5, which
indicates the location of the nearest accessible entrance.
(9)* In buildings or facilities, or portions of buildings or
facilities, required to be accessible, accessible means of
egress shall be provided in the same number as required for
exits by local building/life safety regulations. Where a
required exit from an occupiable level above or below a level of
accessible exit discharge is not accessible, an area of rescue
assistance shall be provided on each such level (in a number
equal to that of inaccessible required exits). Areas of rescue
assistance shall comply with 4.3.11. A horizontal exit, meeting
the requirements of local building/life safety regulations,
shall satisfy the requirement for an area of rescue assistance.
EXCEPTION: Areas of rescue assistance are not required in
buildings or facilities having a supervised automatic sprinkler
system.
(10)* Drinking Fountains:
(a) Where only one drinking fountain is provided on a floor
there shall be a drinking fountain which is accessible to
individuals who use wheelchairs in accordance with 4.15 and one
accessible to those who have difficulty bending or stooping.
(This can be accommodated by the use of a "hi-lo" fountain; by
providing one fountain accessible to those who use wheelchairs
and one fountain at a standard height convenient for those who
have difficulty bending; by providing a fountain accessible
under 4.15 and a water cooler; or by such other means as would
achieve the required accessibility for each group on each
floor.)
(b) Where more than one drinking fountain or water cooler is
provided on a floor, 50% of those provided shall comply with
4.15 and shall be on an accessible route.
(11) Toilet Facilities: If toilet rooms are provided, then each
public and common use toilet room shall comply with 4.22. Other
toilet rooms provided for the use of occupants of specific
spaces (i.e., a private toilet room for the occupant of a
private office) shall be adaptable. If bathing rooms are
provided, then each public and common use bathroom shall comply
with 4.23. Accessible toilet rooms and bathing facilities shall
be on an accessible route.
(12) Storage, Shelving and Display Units:
(a) If fixed or built-in storage facilities such as cabinets,
shelves, closets, and drawers are provided in accessible spaces,
at least one of each type provided shall contain storage space
complying with 4.25. Additional storage may be provided outside
of the dimensions required by 4.25.
(b) Shelves or display units allowing self-service by customers
in mercantile occupancies shall be located on an accessible
route complying with 4.3. Requirements for accessible reach
range do not apply.
(13) Controls and operating mechanisms in accessible spaces,
along accessible routes, or as parts of accessible elements (for
example, light switches and dispenser controls) shall comply
with 4.27.
(14) If emergency warning systems are provided, then they shall
include both audible alarms and visual alarms complying with
4.28. Sleeping accommodations required to comply with 9.3 shall
have an alarm system complying with 4.28. Emergency warning
systems in medical care facilities may be modified to suit
standard health care alarm design practice.
(15) Detectable warnings shall be provided at locations as
specified in 4.29.
(16) Building Signage:
(a) Signs which designate permanent rooms and spaces shall
comply with 4.30.1, 4.30.4, 4.30.5 and 4.30.6.
(b) Other signs which provide direction to or information about
functional spaces of the building shall comply with 4.30.1,
4.30.2, 4.30.3, and 4.30.5.
EXCEPTION: Building directories, menus, and all other signs
which are temporary are not required to comply.
(17) Public telephones:
(a) If public pay telephones, public closed circuit telephones,
or other public telephones are provided, then they shall comply
with 4.31.2 through 4.31.8 to the extent required by the
following table:
Number of each type of
telephone provided on each floor Number of telephones required
to comply with 4.31.2 through 4.31.81
1 or more single unit
1 per floor
1 bank2
1 per floor
2 or more banks2
1 per bank. Accessible unit may be installed as a single unit in
proximity (either visible or with signage) to the bank. At least
one public telephone per floor shall meet the requirements for a
forward reach telephone3.
1 Additional public telephones may be installed at any height.
Unless otherwise specified, accessible telephones may be either
forward or side reach telephones.
2 A bank consists of two or more adjacent public telephones,
often installed as a unit.
3 EXCEPTION: For exterior installations only, if dial tone first
service is available, then a side reach telephone may be
installed instead of the required forward reach telephone (i.e.,
one telephone in proximity to each bank shall comply with 4.31).
(b)* All telephones required to be accessible and complying with
4.31.2 through 4.31.8 shall be equipped with a volume control.
In addition, 25 percent, but never less than one, of all other
public telephones provided shall be equipped with a volume
control and shall be dispersed among all types of public
telephones, including closed circuit telephones, throughout the
building or facility. Signage complying with applicable
provisions of 4.30.7 shall be provided.
(c) The following shall be provided in accordance with 4.31.9:
(i) if a total number of four or more public pay telephones
(including both interior and exterior phones) is provided at a
site, and at least one is in an interior location, then at least
one interior public text telephone shall be provided.
(ii) if an interior public pay telephone is provided in a
stadium or arena, in a convention center, in a hotel with a
convention center, or in a covered mall, at least one interior
public text telephone shall be provided in the facility.
(iii) if a public pay telephone is located in or adjacent to a
hospital emergency room, hospital recovery room, or hospital
waiting room, one public text telephone shall be provided at
each such location.
(d) Where a bank of telephones in the interior of a building
consists of three or more public pay telephones, at least one
public pay telephone in each such bank shall be equipped with a
shelf and outlet in compliance with 4.31.9(2).
(18) If fixed or built-in seating or tables (including, but not
limited to, study carrels and student laboratory stations), are
provided in accessible public or common use areas, at least five
percent (5%), but not less than one, of the fixed or built-in
seating areas or tables shall comply with 4.32. An accessible
route shall lead to and through such fixed or built-in seating
areas, or tables.
(19)* Assembly areas:
(a) In places of assembly with fixed seating accessible
wheelchair locations shall comply with 4.33.2, 4.33.3, and
4.33.4 and shall be provided consistent with the following
table:
Capacity of Seating
in Assembly Areas Number of Required
Wheelchair Locations
4 to 25 = 1
26 to 50 = 2
51 to 300 = 4
301 to 500 = 6
over 500 6, plus 1 additional space for each total
seating capacity increase of 100
In addition, one percent, but not less than one, of all fixed
seats shall be aisle seats with no armrests on the aisle side,
or removable or folding armrests on the aisle side. Each such
seat shall be identified by a sign or marker. Signage notifying
patrons of the availability of such seats shall be posted at the
ticket office. Aisle seats are not required to comply with
4.33.4.
(b) This paragraph applies to assembly areas where audible
communications are integral to the use of the space (e.g.,
concert and lecture halls, playhouses and movie theaters,
meeting rooms, etc.). Such assembly areas, if (1) they
accommodate at least 50 persons, or if they have
audio-amplification systems, and (2) they have fixed seating,
shall have a permanently installed assistive listening system
complying with 4.33. For other assembly areas, a permanently
installed assistive listening system, or an adequate number of
electrical outlets or other supplementary wiring necessary to
support a portable assistive listening system shall be provided.
The minimum number of receivers to be provided shall be equal to
4 percent of the total number of seats, but in no case less than
two. Signage complying with applicable provisions of 4.30 shall
be installed to notify patrons of the availability of a
listening system.
(20) Where automated teller machines (ATMs) are provided, each
ATM shall comply with the requirements of 4.34 except where two
or more are provided at a location, then only one must comply.
EXCEPTION: Drive-up-only automated teller machines are not
required to comply with 4.27.2, 4.27.3 and 4.34.3.
(21) Where dressing and fitting rooms are provided for use by
the general public, patients, customers or employees, 5 percent,
but never less than one, of dressing rooms for each type of use
in each cluster of dressing rooms shall be accessible and shall
comply with 4.35.
Examples of types of dressing rooms are those serving different
genders or distinct and different functions as in different
treatment or examination facilities.
4.1.4 (Reserved).
4.1.5 Accessible Buildings: Additions. Each addition to an
existing building or facility shall be regarded as an
alteration. Each space or element added to the existing building
or facility shall comply with the applicable provisions of 4.1.1
to 4.1.3, Minimum Requirements (for New Construction) and the
applicable technical specifications of 4.2 through 4.35 and
sections 5 through 10. Each addition that affects or could
affect the usability of an area containing a primary function
shall comply with 4.1.6(2).
4.1.6 Accessible Buildings: Alterations.
(1) General. Alterations to existing buildings and facilities
shall comply with the following:
(a) No alteration shall be undertaken which decreases or has the
effect of decreasing accessibility or usability of a building or
facility below the requirements for new construction at the time
of alteration.
(b) If existing elements, spaces, or common areas are altered,
then each such altered element, space, feature, or area shall
comply with the applicable provisions of 4.1.1 to 4.1.3 Minimum
Requirements (for New Construction). If the applicable provision
for new construction requires that an element, space, or common
area be on an accessible route, the altered element, space, or
common area is not required to be on an accessible route except
as provided in 4.1.6(2) (Alterations to an Area Containing a
Primary Function.)
(c) If alterations of single elements, when considered together,
amount to an alteration of a room or space in a building or
facility, the entire space shall be made accessible.
(d) No alteration of an existing element, space, or area of a
building or facility shall impose a requirement for greater
accessibility than that which would be required for new
construction. For example, if the elevators and stairs in a
building are being altered and the elevators are, in turn, being
made accessible, then no accessibility modifications are
required to the stairs connecting levels connected by the
elevator. If stair modifications to correct unsafe conditions
are required by other codes, the modifications shall be done in
compliance with these guidelines unless technically infeasible.
(e) At least one interior public text telephone complying with
4.31.9 shall be provided if:
(i) alterations to existing buildings or facilities with less
than four exterior or interior public pay telephones would
increase the total number to four or more telephones with at
least one in an interior location; or
(ii) alterations to one or more exterior or interior public pay
telephones occur in an existing building or facility with four
or more public telephones with at least one in an interior
location.
(f) If an escalator or stair is planned or installed where none
existed previously and major structural modifications are
necessary for such installation, then a means of accessible
vertical access shall be provided that complies with the
applicable provisions of 4.7, 4.8, 4.10, or 4.11.
(g) In alterations, the requirements of 4.1.3(9), 4.3.10 and
4.3.11 do not apply.
(h)* Entrances: If a planned alteration entails alterations to
an entrance, and the building has an accessible entrance, the
entrance being altered is not required to comply with 4.1.3(8),
except to the extent required by 4.1.6(2). If a particular
entrance is not made accessible, appropriate accessible signage
indicating the location of the nearest accessible entrance(s)
shall be installed at or near the inaccessible entrance, such
that a person with disabilities will not be required to retrace
the approach route from the inaccessible entrance.
(i) If the alteration work is limited solely to the electrical,
mechanical, or plumbing system, or to hazardous material
abatement, or automatic sprinkler retrofitting, and does not
involve the alteration of any elements or spaces required to be
accessible under these guidelines, then 4.1.6(2) does not apply.
(j) EXCEPTION: In alteration work, if compliance with 4.1.6 is
technically infeasible, the alteration shall provide
accessibility to the maximum extent feasible. Any elements or
features of the building or facility that are being altered and
can be made accessible shall be made accessible within the scope
of the alteration.
Technically Infeasible. Means, with respect to an alteration of
a building or a facility, that it has little likelihood of being
accomplished because existing structural conditions would
require removing or altering a load-bearing member which is an
essential part of the structural frame; or because other
existing physical or site constraints prohibit modification or
addition of elements, spaces, or features which are in full and
strict compliance with the minimum requirements for new
construction and which are necessary to provide accessibility.
(k) EXCEPTION:
(i) These guidelines do not require the installation of an
elevator in an altered facility that is less than three stories
or has less than 3,000 square feet per story unless the building
is a shopping center, a shopping mall, the professional office
of a health care provider, or another type of facility as
determined by the Attorney General.
(ii) The exemption provided in paragraph (i) does not obviate or
limit in any way the obligation to comply with the other
accessibility requirements established in these guidelines. For
example, alterations to floors above or below the ground floor
must be accessible regardless of whether the altered facility
has an elevator. If a facility subject to the elevator exemption
set forth in paragraph (i) nonetheless has a full passenger
elevator, that elevator shall meet, to the maximum extent
feasible, the accessibility requirements of these guidelines.
(2) Alterations to an Area Containing a Primary Function: In
addition to the requirements of 4.1.6(1), an alteration that
affects or could affect the usability of or access to an area
containing a primary function shall be made so as to ensure
that, to the maximum extent feasible, the path of travel to the
altered area and the restrooms, telephones, and drinking
fountains serving the altered area, are readily accessible to
and usable by individuals with disabilities, unless such
alterations are disproportionate to the overall alterations in
terms of cost and scope (as determined under criteria
established by the Attorney General).
(3) Special Technical Provisions for Alterations to Existing
Buildings and Facilities:
(a) Ramps: Curb ramps and interior or exterior ramps to be
constructed on sites or in existing buildings or facilities
where space limitations prohibit the use of a 1:12 slope or less
may have slopes and rises as follows:
(i) A slope between 1:10 and 1:12 is allowed for a maximum rise
of 6 inches.
(ii) A slope between 1:8 and 1:10 is allowed for a maximum rise
of 3 inches. A slope steeper than 1:8 is not allowed.
(b) Stairs: Full extension of handrails at stairs shall not be
required in alterations where such extensions would be hazardous
or impossible due to plan configuration.
(c) Elevators:
(i) If safety door edges are provided in existing automatic
elevators, automatic door reopening devices may be omitted (see
4.10.6).
(ii) Where existing shaft configuration or technical
infeasibility prohibits strict compliance with 4.10.9, the
minimum car plan dimensions may be reduced by the minimum amount
necessary, but in no case shall the inside car area be smaller
than 48 in by 48 in.
(iii) Equivalent facilitation may be provided with an elevator
car of different dimensions when usability can be demonstrated
and when all other elements required to be accessible comply
with the applicable provisions of 4.10. For example, an elevator
of 47 in by 69 in (1195 mm by 1755 mm) with a door opening on
the narrow dimension, could accommodate the standard wheelchair
clearances shown in Figure 4.
(d) Doors:
(i) Where it is technically infeasible to comply with clear
opening width requirements of 4.13.5, a projection of 5/8 in
maximum will be permitted for the latch side stop.
(ii) If existing thresholds are 3/4 in high or less, and have
(or are modified to have) a beveled edge on each side, they may
remain.
(e) Toilet Rooms:
(i) Where it is technically infeasible to comply with 4.22 or
4.23, the installation of at least one unisex toilet/bathroom
per floor, located in the same area as existing toilet
facilities, will be permitted in lieu of modifying existing
toilet facilities to be accessible. Each unisex toilet room
shall contain one water closet complying with 4.16 and one
lavatory complying with 4.19, and the door shall have a privacy
latch.
(ii) Where it is technically infeasible to install a required
standard stall (Fig. 30(a)), or where other codes prohibit
reduction of the fixture count (i.e., removal of a water closet
in order to create a double-wide stall), either alternate stall
(Fig.30(b)) may be provided in lieu of the standard stall.
(iii) When existing toilet or bathing facilities are being
altered and are not made accessible, signage complying with
4.30.1, 4.30.2, 4.30.3, 4.30.5, and 4.30.7 shall be provided
indicating the location of the nearest accessible toilet or
bathing facility within the facility.
(f) Assembly Areas:
(i) Where it is technically infeasible to disperse accessible
seating throughout an altered assembly area, accessible seating
areas may be clustered. Each accessible seating area shall have
provisions for companion seating and shall be located on an
accessible route that also serves as a means of emergency
egress.
(ii) Where it is technically infeasible to alter all performing
areas to be on an accessible route, at least one of each type of
performing area shall be made accessible.
(g) Platform Lifts (Wheelchair Lifts): In alterations, platform
lifts (wheelchair lifts) complying with 4.11 and applicable
state or local codes may be used as part of an accessible route.
The use of lifts is not limited to the four conditions in
exception 4 of 4.1.3(5)
(h) Dressing Rooms: In alterations where technical infeasibility
can be demonstrated, one dressing room for each sex on each
level shall be made accessible. Where only unisex dressing rooms
are provided, accessible unisex dressing rooms may be used to
fulfill this requirement.
4.1.7 Accessible Buildings: Historic Preservation.
(1) Applicability:
(a) General Rule. Alterations to a qualified historic building
or facility shall comply with 4.1.6 Accessible Buildings:
Alterations, the applicable technical specifications of 4.2
through 4.35 and the applicable special application sections 5
through 10 unless it is determined in accordance with the
procedures in 4.1.7(2) that compliance with the requirements for
accessible routes (exterior and interior), ramps, entrances, or
toilets would threaten or destroy the historic significance of
the building or facility in which case the alternative
requirements in 4.1.7(3) may be used for the feature.
EXCEPTION: (Reserved).
(b) Definition. A qualified historic building or facility is a
building or facility that is:
(i) Listed in or eligible for listing in the National Register
of Historic Places; or
(ii) Designated as historic under an appropriate State or local
law.
(2) Procedures:
(a) Alterations to Qualified Historic Buildings and Facilities
Subject to Section 106 of the National Historic Preservation
Act:
(i) Section 106 Process. Section 106 of the National Historic
Preservation Act (16 U.S.C. 470 f) requires that a Federal
agency with jurisdiction over a Federal, federally assisted, or
federally licensed undertaking consider the effects of the
agency's undertaking on buildings and facilities listed in or
eligible for listing in the National Register of Historic Places
and give the Advisory Council on Historic Preservation a
reasonable opportunity to comment on the undertaking prior to
approval of the undertaking.
(ii) ADA Application. Where alterations are undertaken to a
qualified historic building or facility that is subject to
section 106 of the National Historic Preservation Act, the
Federal agency with jurisdiction over the undertaking shall
follow the section 106 process. If the State Historic
Preservation Officer or Advisory Council on Historic
Preservation agrees that compliance with the requirements for
accessible routes (exterior and interior), ramps, entrances, or
toilets would threaten or destroy the historic significance of
the building or facility, the alternative requirements in
4.1.7(3) may be used for the feature.
(b) Alterations to Qualified Historic Buildings and Facilities
Not Subject to Section 106 of the National Historic Preservation
Act. Where alterations are undertaken to a qualified historic
building or facility that is not subject to section 106 of the
National Historic Preservation Act, if the entity undertaking
the alterations believes that compliance with the requirements
for accessible routes (exterior and interior), ramps, entrances,
or toilets would threaten or destroy the historic significance
of the building or facility and that the alternative
requirements in 4.1.7(3) should be used for the feature, the
entity should consult with the State Historic Preservation
Officer. If the State Historic Preservation Officer agrees that
compliance with the accessibility requirements for accessible
routes (exterior and interior), ramps, entrances or toilets
would threaten or destroy the historical significance of the
building or facility, the alternative requirements in 4.1.7(3)
may be used.
(c) Consultation With Interested Persons. Interested persons
should be invited to participate in the consultation process,
including State or local accessibility officials, individuals
with disabilities, and organizations representing individuals
with disabilities.
(d) Certified Local Government Historic Preservation
Programs. Where the State Historic Preservation Officer has
delegated the consultation responsibility for purposes of this
section to a local government historic preservation program that
has been certified in accordance with section 101(c) of the
National Historic Preservation Act of 1966 (16 U.S.C. 470a (c))
and implementing regulations (36 CFR 61.5), the responsibility
may be carried out by the appropriate local government body or
official.
(3) Historic Preservation: Minimum Requirements:
(a) At least one accessible route complying with 4.3 from a site
access point to an accessible entrance shall be provided.
EXCEPTION: A ramp with a slope no greater than 1:6 for a run not
to exceed 2 ft (610 mm) may be used as part of an accessible
route to an entrance.
(b) At least one accessible entrance complying with 4.14 which
is used by the public shall be provided.
EXCEPTION: If it is determined that no entrance used by the
public can comply with 4.14, then access at any entrance not
used by the general public but open (unlocked) with directional
signage at the primary entrance may be used. The accessible
entrance shall also have a notification system. Where security
is a problem, remote monitoring may be used.
(c) If toilets are provided, then at least one toilet facility
complying with 4.22 and 4.1.6 shall be provided along an
accessible route that complies with 4.3. Such toilet facility
may be unisex in design.
(d) Accessible routes from an accessible entrance to all
publicly used spaces on at least the level of the accessible
entrance shall be provided. Access shall be provided to all
levels of a building or facility in compliance with 4.1 whenever
practical.
(e) Displays and written information, documents, etc., should be
located where they can be seen by a seated person. Exhibits and
signage displayed horizontally (e.g., open books), should be no
higher than 44 in (1120 mm) above the floor surface.
NOTE: The technical provisions of sections 4.2 through 4.35 are
the same as those of the American National Standard Institute's
document A117.1-1980, except as noted in the text.
4.2 Space Allowance and Reach Ranges.
4.2.1* Wheelchair Passage Width. The minimum clear width for
single wheelchair passage shall be 32 in (815 mm) at a point and
36 in (915 mm) continuously (see Fig. 1 and 24(e)).
4.2.2 Width for Wheelchair Passing. The minimum width for two
wheelchairs to pass is 60 in (1525 mm) (see Fig. 2).
4.2.3* Wheelchair Turning Space. The space required for a
wheelchair to make a 180-degree turn is a clear space of 60 in
(1525 mm) diameter (see Fig. 3(a)) or a T-shaped space (see Fig.
3(b)).
4.2.4* Clear Floor or Ground Space for Wheelchairs.
4.2.4.1 Size and Approach. The minimum clear floor or ground
space required to accommodate a single, stationary wheelchair
and occupant is 30 in by 48 in (760 mm by 1220 mm) (see Fig. 4,
see Fig. 4(a)). The minimum clear floor or ground space for
wheelchairs may be positioned for forward or parallel approach
to an object (see Fig. 4(b) and Fig.4(c)). Clear floor or ground
space for wheelchairs may be part of the knee space required
under some objects.
4.2.4.2 Relationship of Maneuvering Clearance to Wheelchair
Spaces. One full unobstructed side of the clear floor or ground
space for a wheelchair shall adjoin or overlap an accessible
route or adjoin another wheelchair clear floor space. If a clear
floor space is located in an alcove or otherwise confined on all
or part of three sides, additional maneuvering clearances shall
be provided as shown in Fig. 4(d) and Fig. 4(e).
4.2.4.3 Surfaces for Wheelchair Spaces. Clear floor or ground
spaces for wheelchairs shall comply with 4.5.
4.2.5* Forward Reach. If the clear floor space only allows
forward approach to an object, the maximum high forward reach
allowed shall be 48 in (1220 mm) (see Fig. 5 and Fig. 5(a)). The
minimum low forward reach is 15 in (380 mm). If the high forward
reach is over an obstruction, reach and clearances shall be as
shown in Fig. 5(b).
4.2.6* Side Reach. If the clear floor space allows parallel
approach by a person in a wheelchair, the maximum high side
reach allowed shall be 54 in (1370 mm) and the low side reach
shall be no less than 9 in (230 mm) above the floor (Fig 6, Fig.
6(a) and Fig (b)). If the side reach is over an obstruction, the
reach and clearances shall be as shown in Fig 6(c).
4.3 Accessible Route.
4.3.1* General. All walks, halls, corridors, aisles, skywalks,
tunnels, and other spaces that are part of an accessible route
shall comply with 4.3.
4.3.2 Location.
(1) At least one accessible route within the boundary of the
site shall be provided from public transportation stops,
accessible parking, and accessible passenger loading zones, and
public streets or sidewalks to the accessible building entrance
they serve. The accessible route shall, to the maximum extent
feasible, coincide with the route for the general public.
(2) At least one accessible route shall connect accessible
buildings, facilities, elements, and spaces that are on the same
site.
(3) At least one accessible route shall connect accessible
building or facility entrances with all accessible spaces and
elements and with all accessible dwelling units within the
building or facility.
(4) An accessible route shall connect at least one accessible
entrance of each accessible dwelling unit with those exterior
and interior spaces and facilities that serve the accessible
dwelling unit.
4.3.3 Width. The minimum clear width of an accessible route
shall be 36 in (915 mm) except at doors (see 4.13.5 and 4.13.6).
If a person in a wheelchair must make a turn around an
obstruction, the minimum clear width of the accessible route
shall be as shown in Fig. 7, Fig. 7(a) and Fig 7(b).
4.3.4 Passing Space. If an accessible route has less than 60 in
(1525 mm) clear width, then passing spaces at least 60 in by 60
in (1525 mm by 1525 mm) shall be located at reasonable intervals
not to exceed 200 ft (61 m). A T-intersection of two corridors
or walks is an acceptable passing place.
4.3.5 Head Room. Accessible routes shall comply with 4.4.2.
4.3.6 Surface Textures. The surface of an accessible route shall
comply with 4.5.
4.3.7 Slope. An accessible route with a running slope greater
than 1:20 is a ramp and shall comply with 4.8. Nowhere shall the
cross slope of an accessible route exceed 1:50.
4.3.8 Changes in Levels. Changes in levels along an accessible
route shall comply with 4.5.2. If an accessible route has
changes in level greater than 1/2 in (13 mm), then a curb ramp,
ramp, elevator, or platform lift (as permitted in 4.1.3 and
4.1.6) shall be provided that complies with 4.7, 4.8, 4.10, or
4.11, respectively. An accessible route does not include stairs,
steps, or escalators. See definition of "egress, means of" in
3.5.
4.3.9 Doors. Doors along an accessible route shall comply with
4.13.
4.3.10* Egress. Accessible routes serving any accessible space
or element shall also serve as a means of egress for emergencies
or connect to an accessible area of rescue assistance.
4.3.11 Areas of Rescue Assistance.
4.3.11.1 Location and Construction. An area of rescue assistance
shall be one of the following:
(1) A portion of a stairway landing within a smokeproof
enclosure (complying with local requirements).
(2) A portion of an exterior exit balcony located immediately
adjacent to an exit stairway when the balcony complies with
local requirements for exterior exit balconies. Openings to the
interior of the building located within 20 feet (6 m) of the
area of rescue assistance shall be protected with fire
assemblies having a three-fourths hour fire protection rating.
(3) A portion of a one-hour fire-resistive corridor (complying
with local requirements for fire-resistive construction and for
openings) located immediately adjacent to an exit enclosure.
(4) A vestibule located immediately adjacent to an exit
enclosure and constructed to the same fire-resistive standards
as required for corridors and openings.
(5) A portion of a stairway landing within an exit enclosure
which is vented to the exterior and is separated from the
interior of the building with not less than one-hour
fire-resistive doors.
(6) When approved by the appropriate local authority, an area or
a room which is separated from other portions of the building by
a smoke barrier. Smoke barriers shall have a fire-resistive
rating of not less than one hour and shall completely enclose
the area or room. Doors in the smoke barrier shall be
tight-fitting smoke- and draft-control assemblies having a
fire-protection rating of not less than 20 minutes and shall be
self-closing or automatic closing. The area or room shall be
provided with an exit directly to an exit enclosure. Where the
room or area exits into an exit enclosure which is required to
be of more than one-hour fire-resistive construction, the room
or area shall have the same fire-resistive construction,
including the same opening protection, as required for the
adjacent exit enclosure.
(7) An elevator lobby when elevator shafts and adjacent lobbies
are pressurized as required for smokeproof enclosures by local
regulations and when complying with requirements herein for
size, communication, and signage. Such pressurization system
shall be activated by smoke detectors on each floor located in a
manner approved by the appropriate local authority.
Pressurization equipment and its duct work within the building
shall be separated from other portions of the building by a
minimum two-hour fire-resistive construction.
4.3.11.2 Size. Each area of rescue assistance shall provide at
least two accessible areas each being not less than 30 inches by
48 inches (760 mm by 1220 mm). The area of rescue assistance
shall not encroach on any required exit width. The total number
of such 30-inch by 48-inch (760 mm by 1220 mm) areas per story
shall be not less than one for every 200 persons of calculated
occupant load served by the area of rescue assistance.
EXCEPTION: The appropriate local authority may reduce the
minimum number of 30-inch by 48-inch (760 mm by 1220 mm) areas
to one for each area of rescue assistance on floors where the
occupant load is less than 200.
4.3.11.3* Stairway Width. Each stairway adjacent to an area of
rescue assistance shall have a minimum clear width of 48 inches
between handrails.
4.3.11.4* Two-way Communication. A method of two-way
communication, with both visible and audible signals, shall be
provided between each area of rescue assistance and the primary
entry. The fire department or appropriate local authority may
approve a location other than the primary entry.
4.3.11.5 Identification. Each area of rescue assistance shall be
identified by a sign which states "AREA OF RESCUE ASSISTANCE"
and displays the international symbol of accessibility. The sign
shall be illuminated when exit sign illumination is required.
Signage shall also be installed at all inaccessible exits and
where otherwise necessary to clearly indicate the direction to
areas of rescue assistance. In each area of rescue assistance,
instructions on the use of the area under emergency conditions
shall be posted adjoining the two-way communication system.
4.4 Protruding Objects.
4.4.1* General. Objects projecting from walls (for example,
telephones) with their leading edges between 27 in and 80 in
(685 mm and 2030 mm) above the finished floor shall protrude no
more than 4 in (100 mm) into walks, halls, corridors,
passageways, or aisles (see Fig. 8(a)). Objects mounted with
their leading edges at or below 27 in (685 mm) above the
finished floor may protrude any amount (see Fig. 8(a) and (b)).
Free-standing objects mounted on posts or pylons may overhang 12
in (305 mm) maximum from 27 in to 80 in (685 mm to 2030 mm)
above the ground or finished floor (see Fig. 8(c) and (d)).
Protruding objects shall not reduce the clear width of an
accessible route or maneuvering space (see Fig. 8(e)).
4.4.2 Head Room. Walks, halls, corridors, passageways, aisles,
or other circulation spaces shall have 80 in (2030 mm) minimum
clear head room (see Fig. 8(a)). If vertical clearance of an
area adjoining an accessible route is reduced to less than 80 in
(nominal dimension), a barrier to warn blind or
visually-impaired persons shall be provided (see Fig. 8(c-1)).
4.5 Ground and Floor Surfaces.
4.5.1* General. Ground and floor surfaces along accessible
routes and in accessible rooms and spaces including floors,
walks, ramps, stairs, and curb ramps, shall be stable, firm,
slip-resistant, and shall comply with 4.5.
4.5.2 Changes in Level. Changes in level up to 1/4 in (6 mm) may
be vertical and without edge treatment (see Fig. 7(c) ). Changes
in level between 1/4 in and 1/2 in (6 mm and 13 mm) shall be
beveled with a slope no greater than 1:2 (see Fig. 7(d) ).
Changes in level greater than 1/2 in (13 mm) shall be
accomplished by means of a ramp that complies with 4.7 or 4.8.
4.5.3* Carpet. If carpet or carpet tile is used on a ground or
floor surface, then it shall be securely attached; have a firm
cushion, pad, or backing, or no cushion or pad; and have a level
loop, textured loop, level cut pile, or level cut/uncut pile
texture. The maximum pile thickness shall be 1/2 in (13 mm) (see
Fig. 8(f)). Exposed edges of carpet shall be fastened to floor
surfaces and have trim along the entire length of the exposed
edge. Carpet edge trim shall comply with 4.5.2.
4.5.4 Gratings. If gratings are located in walking surfaces,
then they shall have spaces no greater than 1/2 in (13 mm) wide
in one direction (see Fig. 8(g)). If gratings have elongated
openings, then they shall be placed so that the long dimension
is perpendicular to the dominant direction of travel (see Fig.
8(h)).
4.6 Parking and Passenger Loading Zones.
4.6.1 Minimum Number. Parking spaces required to be accessible
by 4.1 shall comply with 4.6.2 through 4.6.5. Passenger loading
zones required to be accessible by 4.1 shall comply with 4.6.5
and 4.6.6.
4.6.2 Location. Accessible parking spaces serving a particular
building shall be located on the shortest accessible route of
travel from adjacent parking to an accessible entrance. In
parking facilities that do not serve a particular building,
accessible parking shall be located on the shortest accessible
route of travel to an accessible pedestrian entrance of the
parking facility. In buildings with multiple accessible
entrances with adjacent parking, accessible parking spaces shall
be dispersed and located closest to the accessible entrances.
4.6.3* Parking Spaces. Accessible parking spaces shall be at
least 96 in (2440 mm) wide. Parking access aisles shall be part
of an accessible route to the building or facility entrance and
shall comply with 4.3. Two accessible parking spaces may share a
common access aisle (see Fig. 9). Parked vehicle overhangs shall
not reduce the clear width of an accessible route. Parking
spaces and access aisles shall be level with surface slopes not
exceeding 1:50 (2%) in all directions.
4.6.4* Signage. Accessible parking spaces shall be designated as
reserved by a sign showing the symbol of accessibility (see
4.30.7). Spaces complying with 4.1.2(5)(b) shall have an
additional sign "Van-Accessible" mounted below the symbol of
accessibility. Such signs shall be located so they cannot be
obscured by a vehicle parked in the space.
4.6.5* Vertical Clearance. Provide minimum vertical clearance of
114 in (2895 mm) at accessible passenger loading zones and along
at least one vehicle access route to such areas from site
entrance(s) and exit(s). At parking spaces complying with
4.1.2(5)(b), provide minimum vertical clearance of 98 in (2490
mm) at the parking space and along at least one vehicle access
route to such spaces from site entrance(s) and exit(s).
4.6.6 Passenger Loading Zones. Passenger loading zones shall
provide an access aisle at least 60 in (1525 mm) wide and 20 ft
(240 in)(6100 mm) long adjacent and parallel to the vehicle
pull-up space (see Fig. 10). If there are curbs between the
access aisle and the vehicle pull-up space, then a curb ramp
complying with 4.7 shall be provided. Vehicle standing spaces
and access aisles shall be level with surface slopes not
exceeding 1:50 (2%) in all directions.
4.7 Curb Ramps.
4.7.1 Location. Curb ramps complying with 4.7 shall be provided
wherever an accessible route crosses a curb.
4.7.2 Slope. Slopes of curb ramps shall comply with 4.8.2. The
slope shall be measured as shown in Fig. 11. Transitions from
ramps to walks, gutters, or streets shall be flush and free of
abrupt changes. Maximum slopes of adjoining gutters, road
surface immediately adjacent to the curb ramp, or accessible
route shall not exceed 1:20.
4.7.3 Width. The minimum width of a curb ramp shall be 36 in
(915 mm), exclusive of flared sides.
4.7.4 Surface. Surfaces of curb ramps shall comply with 4.5.
4.7.5 Sides of Curb Ramps. If a curb ramp is located where
pedestrians must walk across the ramp, or where it is not
protected by handrails or guardrails, it shall have flared
sides; the maximum slope of the flare shall be 1:10 (see Fig.
12(a)). Curb ramps with returned curbs may be used where
pedestrians would not normally walk across the ramp (see Fig.
12(b)).
4.7.6 Built-up Curb Ramps. Built-up curb ramps shall be located
so that they do not project into vehicular traffic lanes (see
Fig. 13).
4.7.7 Detectable Warnings. A curb ramp shall have a detectable
warning complying with 4.29.2. The detectable warning shall
extend the full width and depth of the curb ramp.
4.7.8 Obstructions. Curb ramps shall be located or protected to
prevent their obstruction by parked vehicles.
4.7.9 Location at Marked Crossings. Curb ramps at marked
crossings shall be wholly contained within the markings,
excluding any flared sides (see Fig. 15).
4.7.10 Diagonal Curb Ramps. If diagonal (or corner type) curb
ramps have returned curbs or other well-defined edges, such
edges shall be parallel to the direction of pedestrian flow. The
bottom of diagonal curb ramps shall have 48 in (1220 mm) minimum
clear space as shown in Fig. 15(c) and (d). If diagonal curb
ramps are provided at marked crossings, the 48 in (1220 mm)
clear space shall be within the markings (see Fig. 15(c) and
(d)). If diagonal curb ramps have flared sides, they shall also
have at least a 24 in (610 mm) long segment of straight curb
located on each side of the curb ramp and within the marked
crossing (see Fig. 15(c)).
4.7.11 Islands. Any raised islands in crossings shall be cut
through level with the street or have curb ramps at both sides
and a level area at least 48 in (1220 mm) long between the curb
ramps in the part of the island intersected by the crossings
(see Fig. 15(a) and (b)).
4.8 Ramps.
4.8.1* General. Any part of an accessible route with a slope
greater than 1:20 shall be considered a ramp and shall comply
with 4.8.
4.8.2* Slope and Rise. The least possible slope shall be used
for any ramp. The maximum slope of a ramp in new construction
shall be 1:12. The maximum rise for any run shall be 30 in (760
mm) (see Fig. 16). Curb ramps and ramps to be constructed on
existing sites or in existing buildings or facilities may have
slopes and rises as allowed in 4.1.6(3)(a) if space limitations
prohibit the use of a 1:12 slope or less.
4.8.3 Clear Width. The minimum clear width of a ramp shall be 36
in (915 mm).
4.8.4* Landings. Ramps shall have level landings at bottom and
top of each ramp and each ramp run. Landings shall have the
following features:
(1) The landing shall be at least as wide as the ramp run
leading to it.
(2) The landing length shall be a minimum of 60 in (1525 mm)
clear.
(3) If ramps change direction at landings, the minimum landing
size shall be 60 in by 60 in (1525 mm by 1525 mm).
(4) If a doorway is located at a landing, then the area in front
of the doorway shall comply with 4.13.6.
4.8.5* Handrails. If a ramp run has a rise greater than 6 in
(150 mm) or a horizontal projection greater than 72 in (1830
mm), then it shall have handrails on both sides. Handrails are
not required on curb ramps or adjacent to seating in assembly
areas. Handrails shall comply with 4.26 and shall have the
following features:
(1) Handrails shall be provided along both sides of ramp
segments. The inside handrail on switchback or dogleg ramps
shall always be continuous.
(2) If handrails are not continuous, they shall extend at least
12 in (305 mm) beyond the top and bottom of the ramp segment and
shall be parallel with the floor or ground surface (see Fig.
17).
(3) The clear space between the handrail and the wall shall be 1
- 1/2 in (38 mm).
(4) Gripping surfaces shall be continuous.
(5) Top of handrail gripping surfaces shall be mounted between
34 in and 38 in (865 mm and 965 mm) above ramp surfaces.
(6) Ends of handrails shall be either rounded or returned
smoothly to floor, wall, or post.
(7) Handrails shall not rotate within their fittings.
4.8.6 Cross Slope and Surfaces. The cross slope of ramp surfaces
shall be no greater than 1:50. Ramp surfaces shall comply with
4.5.
4.8.7 Edge Protection. Ramps and landings with drop-offs shall
have curbs, walls, railings, or projecting surfaces that prevent
people from slipping off the ramp. Curbs shall be a minimum of 2
in (50 mm) high (see Fig. 17).
4.8.8 Outdoor Conditions. Outdoor ramps and their approaches
shall be designed so that water will not accumulate on walking
surfaces.
4.9 Stairs.
4.9.1* Minimum Number. Stairs required to be accessible by 4.1
shall comply with 4.9.
4.9.2 Treads and Risers. On any given flight of stairs, all
steps shall have uniform riser heights and uniform tread widths.
Stair treads shall be no less than 11 in (280 mm) wide, measured
from riser to riser (see Fig. 18(a)). Open risers are not
permitted.
4.9.3 Nosings. The undersides of nosings shall not be abrupt.
The radius of curvature at the leading edge of the tread shall
be no greater than 1/2 in (13 mm). Risers shall be sloped or the
underside of the nosing shall have an angle not less than 60
degrees from the horizontal. Nosings shall project no more than
1-1/2 in (38 mm) (see Fig. 18).
4.9.4 Handrails. Stairways shall have handrails at both sides of
all stairs. Handrails shall comply with 4.26 and shall have the
following features:
(1) Handrails shall be continuous along both sides of stairs.
The inside handrail on switchback or dogleg stairs shall always
be continuous (see Fig. 19(a) and (b)).
(2) If handrails are not continuous, they shall extend at least
12 in (305 mm) beyond the top riser and at least 12 in (305 mm)
plus the width of one tread beyond the bottom riser. At the top,
the extension shall be parallel with the floor or ground
surface. At the bottom, the handrail shall continue to slope for
a distance of the width of one tread from the bottom riser; the
remainder of the extension shall be horizontal (see Fig. 19(c)
and (d)). Handrail extensions shall comply with 4.4.
(3) The clear space between handrails and wall shall be 1-1/2 in
(38 mm).
(4) Gripping surfaces shall be uninterrupted by newel posts,
other construction elements, or obstructions.
(5) Top of handrail gripping surface shall be mounted between 34
in and 38 in (865 mm and 965 mm) above stair nosings.
(6) Ends of handrails shall be either rounded or returned
smoothly to floor, wall or post.
(7) Handrails shall not rotate within their fittings.
4.9.5 Detectable Warnings at Stairs. (Reserved).
4.9.6 Outdoor Conditions. Outdoor stairs and their approaches
shall be designed so that water will not accumulate on walking
surfaces.
4.10 Elevators.
4.10.1 General. Accessible elevators shall be on an accessible
route and shall comply with 4.10 and with the ASME A17.1-1990,
Safety Code for Elevators and Escalators. Freight elevators
shall not be considered as meeting the requirements of this
section unless the only elevators provided are used as
combination passenger and freight elevators for the public and
employees.
4.10.2 Automatic Operation. Elevator operation shall be
automatic. Each car shall be equipped with a self-leveling
feature that will automatically bring the car to floor landings
within a tolerance of 1/2 in (13 mm) under rated loading to zero
loading conditions. This self-leveling feature shall be
automatic and independent of the operating device and shall
correct the overtravel or undertravel.
4.10.3 Hall Call Buttons. Call buttons in elevator lobbies and
halls shall be centered at 42 in (1065 mm) above the floor. Such
call buttons shall have visual signals to indicate when each
call is registered and when each call is answered. Call buttons
shall be a minimum of 3/4 in (19 mm) in the smallest dimension.
The button designating the up direction shall be on top. (See
Fig. 20.) Buttons shall be raised or flush. Objects mounted
beneath hall call buttons shall not project into the elevator
lobby more than 4 in (100 mm).
4.10.4 Hall Lanterns. A visible and audible signal shall be
provided at each hoistway entrance to indicate which car is
answering a call. Audible signals shall sound once for the up
direction and twice for the down direction or shall have verbal
annunciators that say "up" or "down." Visible signals shall have
the following features:
(1) Hall lantern fixtures shall be mounted so that their
centerline is at least 72 in (1830 mm) above the lobby floor.
(See Fig. 20.)
(2) Visual elements shall be at least 2-1/2 in (64 mm) in the
smallest dimension.
(3) Signals shall be visible from the vicinity of the hall call
button (see Fig. 20). In-car lanterns located in cars, visible
from the vicinity of hall call buttons, and conforming to the
above requirements, shall be acceptable.
4.10.5 Raised and Braille Characters on Hoistway Entrances. All
elevator hoistway entrances shall have raised and Braille floor
designations provided on both jambs. The centerline of the
characters shall be 60 in (1525 mm) above finish floor. Such
characters shall be 2 in (50 mm) high and shall comply with
4.30.4. Permanently applied plates are acceptable if they are
permanently fixed to the jambs. (See Fig. 20.)
4.10.6* Door Protective and Reopening Device. Elevator doors
shall open and close automatically. They shall be provided with
a reopening device that will stop and reopen a car door and
hoistway door automatically if the door becomes obstructed by an
object or person. The device shall be capable of completing
these operations without requiring contact for an obstruction
passing through the opening at heights of 5 in and 29 in (125 mm
and 735 mm) above finish floor (See Fig. 20). Door reopening
devices shall remain effective for at least 20 seconds. After
such an interval, doors may close in accordance with the
requirements of ASME A17.1-1990.
4.10.7* Door and Signal Timing for Hall Calls. The minimum
acceptable time from notification that a car is answering a call
until the doors of that car start to close shall be calculated
from the following equation:
T = D/(1.5 ft/s) or T = D/(445 mm/s)
where T total time in seconds and D distance (in feet or
millimeters) from a point in the lobby or corridor 60 in (1525
mm) directly in front of the farthest call button controlling
that car to the centerline of its hoistway door (see Fig. 21).
For cars with in-car lanterns, T begins when the lantern is
visible from the vicinity of hall call buttons and an audible
signal is sounded. The minimum acceptable notification time
shall be 5 seconds.
4.10.8 Door Delay for Car Calls. The minimum time for elevator
doors to remain fully open in response to a car call shall be 3
seconds.
4.10.9 Floor Plan of Elevator Cars. The floor area of elevator
cars shall provide space for wheelchair users to enter the car,
maneuver within reach of controls, and exit from the car.
Acceptable door opening and inside dimensions shall be as shown
in Fig. 22. The clearance between the car platform sill and the
edge of any hoistway landing shall be no greater than 1-1/4 in
(32 mm).
4.10.10 Floor Surfaces. Floor surfaces shall comply with 4.5.
4.10.11 Illumination Levels. The level of illumination at the
car controls, platform, and car threshold and landing sill shall
be at least 5 footcandles (53.8 lux).
4.10.12* Car Controls. Elevator control panels shall have the
following features:
(1) Buttons. All control buttons shall be at least 3/4 in (19
mm) in their smallest dimension. They shall be raised or flush.
(2) Tactile, Braille, and Visual Control Indicators. All control
buttons shall be designated by Braille and by raised standard
alphabet characters for letters, arabic characters for numerals,
or standard symbols as shown in Fig. 23(a), and as required in
ASME A17.1-1990. Raised and Braille characters and symbols shall
comply with 4.30. The call button for the main entry floor shall
be designated by a raised star at the left of the floor
designation (see Fig. 23(a)). All raised designations for
control buttons shall be placed immediately to the left of the
button to which they apply. Applied plates, permanently
attached, are an acceptable means to provide raised control
designations. Floor buttons shall be provided with visual
indicators to show when each call is registered. The visual
indicators shall be extinguished when each call is answered.
(3) Height. All floor buttons shall be no higher than 54 in
(1370 mm) above the finish floor for side approach and 48 in
(1220 mm) for front approach. Emergency controls, including the
emergency alarm and emergency stop, shall be grouped at the
bottom of the panel and shall have their centerlines no less
than 35 in (890 mm) above the finish floor (see Fig. 23(a) and
(b)).
(4) Location. Controls shall be located on a front wall if cars
have center opening doors, and at the side wall or at the front
wall next to the door if cars have side opening doors (see Fig.
23(c) and (d)).
4.10.13* Car Position Indicators. In elevator cars, a visual car
position indicator shall be provided above the car control panel
or over the door to show the position of the elevator in the
hoistway. As the car passes or stops at a floor served by the
elevators, the corresponding numerals shall illuminate, and an
audible signal shall sound. Numerals shall be a minimum of 1/2
in (13 mm) high. The audible signal shall be no less than 20
decibels with a frequency no higher than 1500 Hz. An automatic
verbal announcement of the floor number at which a car stops or
which a car passes may be substituted for the audible signal.
4.10.14* Emergency Communications. If provided, emergency
two-way communication systems between the elevator and a point
outside the hoistway shall comply with ASME A17.1-1990. The
highest operable part of a two-way communication system shall be
a maximum of 48 in (1220 mm) from the floor of the car. It shall
be identified by a raised symbol and lettering complying with
4.30 and located adjacent to the device. If the system uses a
handset then the length of the cord from the panel to the
handset shall be at least 29 in (735 mm). If the system is
located in a closed compartment the compartment door hardware
shall conform to 4.27, Controls and Operating Mechanisms. The
emergency intercommunication system shall not require voice
communication.
4.11 Platform Lifts (Wheelchair Lifts).
4.11.1 Location. Platform lifts (wheelchair lifts) permitted by
4.1 shall comply with the requirements of 4.11.
4.11.2* Other Requirements. If platform lifts (wheelchair lifts)
are used, they shall comply with 4.2.4, 4.5, 4.27, and ASME
A17.1 Safety Code for Elevators and Escalators, Section XX,
1990.
4.11.3 Entrance. If platform lifts are used then they shall
facilitate unassisted entry, operation, and exit from the lift
in compliance with 4.11.2.
4.12 Windows.
4.12.1* General. (Reserved).
4.12.2* Window Hardware. (Reserved).
4.13 Doors.
4.13.1 General. Doors required to be accessible by 4.1 shall
comply with the requirements of 4.13.
4.13.2 Revolving Doors and Turnstiles. Revolving doors or
turnstiles shall not be the only means of passage at an
accessible entrance or along an accessible route. An accessible
gate or door shall be provided adjacent to the turnstile or
revolving door and shall be so designed as to facilitate the
same use pattern.
4.13.3 Gates. Gates, including ticket gates, shall meet all
applicable specifications of 4.13.
4.13.4 Double-Leaf Doorways. If doorways have two independently
operated door leaves, then at least one leaf shall meet the
specifications in 4.13.5 and 4.13.6. That leaf shall be an
active leaf.
4.13.5 Clear Width. Doorways shall have a minimum clear opening
of 32 in (815 mm) with the door open 90 degrees, measured
between the face of the door and the opposite stop (see Fig.
24(a), (b), (c), and (d)). Openings more than 24 in (610 mm) in
depth shall comply with 4.2.1 and 4.3.3 (see Fig. 24(e)).
EXCEPTION: Doors not requiring full user passage, such as
shallow closets, may have the clear opening reduced to 20 in
(510 mm) minimum.
4.13.6 Maneuvering Clearances at Doors. Minimum maneuvering
clearances at doors that are not automatic or power-assisted
shall be as shown in Fig. 25. The floor or ground area within
the required clearances shall be level and clear.
EXCEPTION: Entry doors to acute care hospital bedrooms for
in-patients shall be exempted from the requirement for space at
the latch side of the door (see dimension "x" in Fig. 25) if the
door is at least 44 in (1120 mm) wide.
4.13.7 Two Doors in Series. The minimum space between two hinged
or pivoted doors in series shall be 48 in (1220 mm) plus the
width of any door swinging into the space. Doors in series shall
swing either in the same direction or away from the space
between the doors (see Fig. 26).
4.13.8* Thresholds at Doorways. Thresholds at doorways shall not
exceed 3/4 in (19 mm) in height for exterior sliding doors or
1/2 in (13 mm) for other types of doors. Raised thresholds and
floor level changes at accessible doorways shall be beveled with
a slope no greater than 1:2 (see 4.5.2).
4.13.9* Door Hardware. Handles, pulls, latches, locks, and other
operating devices on accessible doors shall have a shape that is
easy to grasp with one hand and does not require tight grasping,
tight pinching, or twisting of the wrist to operate.
Lever-operated mechanisms, push-type mechanisms, and U-shaped
handles are acceptable designs. When sliding doors are fully
open, operating hardware shall be exposed and usable from both
sides. Hardware required for accessible door passage shall be
mounted no higher than 48 in (1220 mm) above finished floor.
4.13.10* Door Closers. If a door has a closer, then the sweep
period of the closer shall be adjusted so that from an open
position of 70 degrees, the door will take at least 3 seconds to
move to a point 3 in (75 mm) from the latch, measured to the
leading edge of the door.
4.13.11* Door Opening Force. The maximum force for pushing or
pulling open a door shall be as follows:
(1) Fire doors shall have the minimum opening force allowable by
the appropriate administrative authority.
(2) Other doors.
(a) exterior hinged doors: (Reserved).
(b) interior hinged doors: 5 lbf (22.2N)
(c) sliding or folding doors: 5 lbf (22.2N)
These forces do not apply to the force required to retract latch
bolts or disengage other devices that may hold the door in a
closed position.
4.13.12* Automatic Doors and Power-Assisted Doors. If an
automatic door is used, then it shall comply with ANSI/BHMA
A156.10-1985. Slowly opening, low-powered, automatic doors shall
comply with ANSI A156.19-1984. Such doors shall not open to back
check faster than 3 seconds and shall require no more than 15
lbf (66.6N) to stop door movement. If a power-assisted door is
used, its door-opening force shall comply with 4.13.11 and its
closing shall conform to the requirements in ANSI A156.19-1984.
4.14 Entrances.
4.14.1 Minimum Number. Entrances required to be accessible by
4.1 shall be part of an accessible route complying with 4.3.
Such entrances shall be connected by an accessible route to
public transportation stops, to accessible parking and passenger
loading zones, and to public streets or sidewalks if available
(see 4.3.2(1)). They shall also be connected by an accessible
route to all accessible spaces or elements within the building
or facility.
4.14.2 Service Entrances. A service entrance shall not be the
sole accessible entrance unless it is the only entrance to a
building or facility (for example, in a factory or garage).
4.15 Drinking Fountains and Water Coolers.
4.15.1 Minimum Number. Drinking fountains or water coolers
required to be accessible by 4.1 shall comply with 4.15.
4.15.2* Spout Height. Spouts shall be no higher than 36 in (915
mm), measured from the floor or ground surfaces to the spout
outlet (see Fig. 27(a)).
4.15.3 Spout Location. The spouts of drinking fountains and
water coolers shall be at the front of the unit and shall direct
the water flow in a trajectory that is parallel or nearly
parallel to the front of the unit. The spout shall provide a
flow of water at least 4 in (100 mm) high so as to allow the
insertion of a cup or glass under the flow of water. On an
accessible drinking fountain with a round or oval bowl, the
spout must be positioned so the flow of water is within 3 in (75
mm) of the front edge of the fountain.
4.15.4 Controls. Controls shall comply with 4.27.4. Unit
controls shall be front mounted or side mounted near the front
edge.
4.15.5 Clearances.
(1) Wall- and post-mounted cantilevered units shall have a clear
knee space between the bottom of the apron and the floor or
ground at least 27 in (685 mm) high, 30 in (760 mm) wide, and 17
in to 19 in (430 mm to 485 mm) deep (see Fig. 27(a) and (b)).
Such units shall also have a minimum clear floor space 30 in by
48 in (760 mm by 1220 mm) to allow a person in a wheelchair to
approach the unit facing forward.
(2) Free-standing or built-in units not having a clear space
under them shall have a clear floor space at least 30 in by 48
in (760 mm by 1220 mm) that allows a person in a wheelchair to
make a parallel approach to the unit (see Fig. 27(c) and (d)).
This clear floor space shall comply with 4.2.4.
4.16 Water Closets.
4.16.1 General. Accessible water closets shall comply with 4.16.
4.16.2 Clear Floor Space. Clear floor space for water closets
not in stalls shall comply with Fig. 28. Clear floor space may
be arranged to allow either a left-handed or right-handed
approach.
4.16.3* Height. The height of water closets shall be 17 in to 19
in (430 mm to 485 mm), measured to the top of the toilet seat
(see Fig. 29(b)). Seats shall not be sprung to return to a
lifted position.
4.16.4* Grab Bars. Grab bars for water closets not located in
stalls shall comply with 4.26 and Fig. 29. The grab bar behind
the water closet shall be 36 in (915 mm) minimum.
4.16.5* Flush Controls. Flush controls shall be hand operated or
automatic and shall comply with 4.27.4. Controls for flush
valves shall be mounted on the wide side of toilet areas no more
than 44 in (1120 mm) above the floor.
4.16.6 Dispensers. Toilet paper dispensers shall be installed
within reach, as shown in Fig. 29(b). Dispensers that control
delivery, or that do not permit continuous paper flow, shall not
be used.
4.17 Toilet Stalls.
4.17.1 Location. Accessible toilet stalls shall be on an
accessible route and shall meet the requirements of 4.17.
4.17.2 Water Closets. Water closets in accessible stalls shall
comply with 4.16.
4.17.3* Size and Arrangement. The size and arrangement of the
standard toilet stall shall comply with Fig. 30(a), Standard
Stall. Standard toilet stalls with a minimum depth of 56 in
(1420 mm) (see Fig. 30(a)) shall have wall-mounted water
closets. If the depth of a standard toilet stall is increased at
least 3 in (75 mm), then a floor-mounted water closet may be
used. Arrangements shown for standard toilet stalls may be
reversed to allow either a left- or right-hand approach.
Additional stalls shall be provided in conformance with 4.22.4.
EXCEPTION: In instances of alteration work where provision of a
standard stall (Fig. 30(a)) is technically infeasible or where
plumbing code requirements prevent combining existing stalls to
provide space, either alternate stall (Fig. 30(b)) may be
provided in lieu of the standard stall.
4.17.4 Toe Clearances. In standard stalls, the front partition
and at least one side partition shall provide a toe clearance of
at least 9 in (230 mm) above the floor. If the depth of the
stall is greater than 60 in (1525 mm), then the toe clearance is
not required.
4.17.5* Doors. Toilet stall doors, including door hardware,
shall comply with 4.13. If toilet stall approach is from the
latch side of the stall door, clearance between the door side of
the stall and any obstruction may be reduced to a minimum of 42
in (1065 mm) (Fig. 30).
4.17.6 Grab Bars. Grab bars complying with the length and
positioning shown in Fig. 30(a), (b), (c), and (d) shall be
provided. Grab bars may be mounted with any desired method as
long as they have a gripping surface at the locations shown and
do not obstruct the required clear floor area. Grab bars shall
comply with 4.26.
4.18 Urinals.
4.18.1 General. Accessible urinals shall comply with 4.18.
4.18.2 Height. Urinals shall be stall-type or wall-hung with an
elongated rim at a maximum of 17 in (430 mm) above the finish
floor.
4.18.3 Clear Floor Space. A clear floor space 30 in by 48 in
(760 mm by 1220 mm) shall be provided in front of urinals to
allow forward approach. This clear space shall adjoin or overlap
an accessible route and shall comply with 4.2.4. Urinal shields
that do not extend beyond the front edge of the urinal rim may
be provided with 29 in (735 mm) clearance between them.
4.18.4 Flush Controls. Flush controls shall be hand operated or
automatic, and shall comply with 4.27.4, and shall be mounted no
more than 44 in (1120 mm) above the finish floor.
4.19 Lavatories and Mirrors.
4.19.1 General. The requirements of 4.19 shall apply to lavatory
fixtures, vanities, and built-in lavatories.
4.19.2 Height and Clearances. Lavatories shall be mounted with
the rim or counter surface no higher than 34 in (865 mm) above
the finish floor. Provide a clearance of at least 29 in (735 mm)
above the finish floor to the bottom of the apron. Knee and toe
clearance shall comply with Fig. 31.
4.19.3 Clear Floor Space. A clear floor space 30 in by 48 in
(760 mm by 1220 mm) complying with 4.2.4 shall be provided in
front of a lavatory to allow forward approach. Such clear floor
space shall adjoin or overlap an accessible route and shall
extend a maximum of 19 in (485 mm) underneath the lavatory (see
Fig. 32).
4.19.4 Exposed Pipes and Surfaces. Hot water and drain pipes
under lavatories shall be insulated or otherwise configured to
protect against contact. There shall be no sharp or abrasive
surfaces under lavatories.
4.19.5 Faucets. Faucets shall comply with 4.27.4.
Lever-operated, push-type, and electronically controlled
mechanisms are examples of acceptable designs. If self-closing
valves are used the faucet shall remain open for at least 10
seconds.
4.19.6* Mirrors. Mirrors shall be mounted with the bottom edge
of the reflecting surface no higher than 40 in (1015 mm) above
the finish floor (see Fig. 31).
4.20 Bathtubs.
4.20.1 General. Accessible bathtubs shall comply with 4.20.
4.20.2 Floor Space. Clear floor space in front of bathtubs shall
be as shown in Fig. 33.
4.20.3 Seat. An in-tub seat or a seat at the head end of the tub
shall be provided as shown in Fig. 33 and 34. The structural
strength of seats and their attachments shall comply with
4.26.3. Seats shall be mounted securely and shall not slip
during use.
4.20.4 Grab Bars. Grab bars complying with 4.26 shall be
provided as shown in Fig. 33 and 34.
4.20.5 Controls. Faucets and other controls complying with
4.27.4 shall be located as shown in Fig. 34.
4.20.6 Shower Unit. A shower spray unit with a hose at least 60
in (1525 mm) long that can be used both as a fixed shower head
and as a hand-held shower shall be provided.
4.20.7 Bathtub Enclosures. If provided, enclosures for bathtubs
shall not obstruct controls or transfer from wheelchairs onto
bathtub seats or into tubs. Enclosures on bathtubs shall not
have tracks mounted on their rims.
4.21 Shower Stalls.
4.21.1* General. Accessible shower stalls shall comply with
4.21.
4.21.2 Size and Clearances. Except as specified in 9.1.2, shower
stall size and clear floor space shall comply with Fig. 35(a) or
(b). The shower stall in Fig. 35(a) shall be 36 in by 36 in (915
mm by 915 mm). Shower stalls required by 9.1.2 shall comply with
Fig. 57(a) or (b). The shower stall in Fig. 35(b) will fit into
the space required for a bathtub.
4.21.3 Seat. A seat shall be provided in shower stalls 36 in by
36 in (915 mm by 915 mm) and shall be as shown in Fig. 36. The
seat shall be mounted 17 in to 19 in (430 mm to 485 mm) from the
bathroom floor and shall extend the full depth of the stall. In
a 36 in by 36 in (915 mm by 915 mm) shower stall, the seat shall
be on the wall opposite the controls. Where a fixed seat is
provided in a 30 in by 60 in minimum (760 mm by 1525 mm) shower
stall, it shall be a folding type and shall be mounted on the
wall adjacent to the controls as shown in Fig. 57. The
structural strength of seats and their attachments shall comply
with 4.26.3.
4.21.4 Grab Bars. Grab bars complying with 4.26 shall be
provided as shown in Fig. 37.
4.21.5 Controls. Faucets and other controls complying with
4.27.4 shall be located as shown in Fig. 37. In shower stalls 36
in by 36 in (915 mm by 915 mm), all controls, faucets, and the
shower unit shall be mounted on the side wall opposite the seat.
4.21.6 Shower Unit. A shower spray unit with a hose at least 60
in (1525 mm) long that can be used both as a fixed shower head
and as a hand-held shower shall be provided.
EXCEPTION: In unmonitored facilities where vandalism is a
consideration, a fixed shower head mounted at 48 in (1220 mm)
above the shower floor may be used in lieu of a hand-held shower
head.
4.21.7 Curbs. If provided, curbs in shower stalls 36 in by 36 in
(915 mm by 915 mm) shall be no higher than 1/2 in (13 mm).
Shower stalls that are 30 in by 60 in (760 mm by 1525 mm)
minimum shall not have curbs.
4.21.8 Shower Enclosures. If provided, enclosures for shower
stalls shall not obstruct controls or obstruct transfer from
wheelchairs onto shower seats.
4.22 Toilet Rooms.
4.22.1 Minimum Number. Toilet facilities required to be
accessible by 4.1 shall comply with 4.22. Accessible toilet
rooms shall be on an accessible route.
4.22.2 Doors. All doors to accessible toilet rooms shall comply
with 4.13. Doors shall not swing into the clear floor space
required for any fixture.
4.22.3* Clear Floor Space. The accessible fixtures and controls
required in 4.22.4, 4.22.5, 4.22.6, and 4.22.7 shall be on an
accessible route. An unobstructed turning space complying with
4.2.3 shall be provided within an accessible toilet room. The
clear floor space at fixtures and controls, the accessible
route, and the turning space may overlap.
4.22.4 Water Closets. If toilet stalls are provided, then at
least one shall be a standard toilet stall complying with 4.17;
where 6 or more stalls are provided, in addition to the stall
complying with 4.17.3, at least one stall 36 in (915 mm) wide
with an outward swinging, self-closing door and parallel grab
bars complying with Fig. 30(d) and 4.26 shall be provided. Water
closets in such stalls shall comply with 4.16. If water closets
are not in stalls, then at least one shall comply with 4.16.
4.22.5 Urinals. If urinals are provided, then at least one shall
comply with 4.18.
4.22.6 Lavatories and Mirrors. If lavatories and mirrors are
provided, then at least one of each shall comply with 4.19.
4.22.7 Controls and Dispensers. If controls, dispensers,
receptacles, or other equipment are provided, then at least one
of each shall be on an accessible route and shall comply with
4.27.
4.23 Bathrooms, Bathing Facilities, and Shower Rooms.
4.23.1 Minimum Number. Bathrooms, bathing facilities, or shower
rooms required to be accessible by 4.1 shall comply with 4.23
and shall be on an accessible route.
4.23.2 Doors. Doors to accessible bathrooms shall comply with
4.13. Doors shall not swing into the floor space required for
any fixture.
4.23.3* Clear Floor Space. The accessible fixtures and controls
required in 4.23.4, 4.23.5, 4.23.6, 4.23.7, 4.23.8, and 4.23.9
shall be on an accessible route. An unobstructed turning space
complying with 4.2.3 shall be provided within an accessible
bathroom. The clear floor spaces at fixtures and controls, the
accessible route, and the turning space may overlap.
4.23.4 Water Closets. If toilet stalls are provided, then at
least one shall be a standard toilet stall complying with 4.17;
where 6 or more stalls are provided, in addition to the stall
complying with 4.17.3, at least one stall 36 in (915 mm) wide
with an outward swinging, self-closing door and parallel grab
bars complying with Fig. 30(d) and 4.26 shall be provided. Water
closets in such stalls shall comply with 4.16. If water closets
are not in stalls, then at least one shall comply with 4.16.
4.23.5 Urinals. If urinals are provided, then at least one shall
comply with 4.18.
4.23.6 Lavatories and Mirrors. If lavatories and mirrors are
provided, then at least one of each shall comply with 4.19.
4.23.7 Controls and Dispensers. If controls, dispensers,
receptacles, or other equipment are provided, then at least one
of each shall be on an accessible route and shall comply with
4.27.
4.23.8 Bathing and Shower Facilities. If tubs or showers are
provided, then at least one accessible tub that complies with
4.20 or at least one accessible shower that complies with 4.21
shall be provided.
4.23.9* Medicine Cabinets. If medicine cabinets are provided, at
least one shall be located with a usable shelf no higher than 44
in (1120 mm) above the floor space. The floor space shall comply
with 4.2.4.
4.24 Sinks.
4.24.1 General. Sinks required to be accessible by 4.1 shall
comply with 4.24.
4.24.2 Height. Sinks shall be mounted with the counter or rim no
higher than 34 in (865 mm) above the finish floor.
4.24.3 Knee Clearance. Knee clearance that is at least 27 in
(685 mm) high, 30 in (760 mm) wide, and 19 in (485 mm) deep
shall be provided underneath sinks.
4.24.4 Depth. Each sink shall be a maximum of 6-1/2 in (165 mm)
deep.
4.24.5 Clear Floor Space. A clear floor space at least 30 in by
48 in (760 mm by 1220 mm) complying with 4.2.4 shall be provided
in front of a sink to allow forward approach. The clear floor
space shall be on an accessible route and shall extend a maximum
of 19 in (485 mm) underneath the sink (see Fig. 32).
4.24.6 Exposed Pipes and Surfaces. Hot water and drain pipes
exposed under sinks shall be insulated or otherwise configured
so as to protect against contact. There shall be no sharp or
abrasive surfaces under sinks.
4.24.7 Faucets. Faucets shall comply with 4.27.4.
Lever-operated, push-type, touch-type, or electronically
controlled mechanisms are acceptable designs.
4.25 Storage.
4.25.1 General. Fixed storage facilities such as cabinets,
shelves, closets, and drawers required to be accessible by 4.1
shall comply with 4.25.
4.25.2 Clear Floor Space. A clear floor space at least 30 in by
48 in (760 mm by 1220 mm) complying with 4.2.4 that allows
either a forward or parallel approach by a person using a
wheelchair shall be provided at accessible storage facilities.
4.25.3 Height. Accessible storage spaces shall be within at
least one of the reach ranges specified in 4.2.5 and 4.2.6 (see
Fig. 5 and Fig 6). Clothes rods or shelves shall be a maximum of
54 in (1370 mm) above the finish floor for a side approach.
Where the distance from the wheelchair to the clothes rod or
shelf exceeds 10 in (255 mm) (as in closets without accessible
doors) the height and depth to the rod or shelf shall comply
with Fig. 38(a) and Fig. 38(b).
4.25.4 Hardware. Hardware for accessible storage facilities
shall comply with 4.27.4. Touch latches and U-shaped pulls are
acceptable.
4.26 Handrails, Grab Bars, and Tub and Shower Seats.
4.26.1* General. All handrails, grab bars, and tub and shower
seats required to be accessible by 4.1, 4.8, 4.9, 4.16, 4.17,
4.20 or 4.21 shall comply with 4.26.
4.26.2* Size and Spacing of Grab Bars and Handrails. The
diameter or width of the gripping surfaces of a handrail or grab
bar shall be 1-1/4 in to 1-1/2 in (32 mm to 38 mm), or the shape
shall provide an equivalent gripping surface. If handrails or
grab bars are mounted adjacent to a wall, the space between the
wall and the grab bar shall be 1-1/2 in (38 mm) (see Fig. 39(a),
(b), (c), and (e)). Handrails may be located in a recess if the
recess is a maximum of 3 in (75 mm) deep and extends at least 18
in (455 mm) above the top of the rail (see Fig. 39(d)).
4.26.3 Structural Strength. The structural strength of grab
bars, tub and shower seats, fasteners, and mounting devices
shall meet the following specification:
(1) Bending stress in a grab bar or seat induced by the maximum
bending moment from the application of 250 lbf (1112N) shall be
less than the allowable stress for the material of the grab bar
or seat.
(2) Shear stress induced in a grab bar or seat by the
application of 250 lbf (1112N) shall be less than the allowable
shear stress for the material of the grab bar or seat. If the
connection between the grab bar or seat and its mounting bracket
or other support is considered to be fully restrained, then
direct and torsional shear stresses shall be totaled for the
combined shear stress, which shall not exceed the allowable
shear stress.
(3) Shear force induced in a fastener or mounting device from
the application of 250 lbf (1112N) shall be less than the
allowable lateral load of either the fastener or mounting device
or the supporting structure, whichever is the smaller allowable
load.
(4) Tensile force induced in a fastener by a direct tension
force of 250 lbf (1112N) plus the maximum moment from the
application of 250 lbf (1112N) shall be less than the allowable
withdrawal load between the fastener and the supporting
structure.
(5) Grab bars shall not rotate within their fittings.
4.26.4 Eliminating Hazards. A handrail or grab bar and any wall
or other surface adjacent to it shall be free of any sharp or
abrasive elements. Edges shall have a minimum radius of 1/8 in
(3.2 mm).
4.27 Controls and Operating Mechanisms.
4.27.1 General. Controls and operating mechanisms required to be
accessible by 4.1 shall comply with 4.27.
4.27.2 Clear Floor Space. Clear floor space complying with 4.2.4
that allows a forward or a parallel approach by a person using a
wheelchair shall be provided at controls, dispensers,
receptacles, and other operable equipment.
4.27.3* Height. The highest operable part of controls,
dispensers, receptacles, and other operable equipment shall be
placed within at least one of the reach ranges specified in
4.2.5 and 4.2.6. Electrical and communications system
receptacles on walls shall be mounted no less than 15 in (380
mm) above the floor.
EXCEPTION: These requirements do not apply where the use of
special equipment dictates otherwise or where electrical and
communications systems receptacles are not normally intended for
use by building occupants.
4.27.4 Operation. Controls and operating mechanisms shall be
operable with one hand and shall not require tight grasping,
pinching, or twisting of the wrist. The force required to
activate controls shall be no greater than 5 lbf (22.2 N).
4.28 Alarms.
4.28.1 General. Alarm systems required to be accessible by 4.1
shall comply with 4.28. At a minimum, visual signal appliances
shall be provided in buildings and facilities in each of the
following areas: restrooms and any other general usage areas
(e.g., meeting rooms), hallways, lobbies, and any other area for
common use.
4.28.2* Audible Alarms. If provided, audible emergency alarms
shall produce a sound that exceeds the prevailing equivalent
sound level in the room or space by at least 15 dbA or exceeds
any maximum sound level with a duration of 60 seconds by 5 dbA,
whichever is louder. Sound levels for alarm signals shall not
exceed 120 dbA.
4.28.3* Visual Alarms. Visual alarm signal appliances shall be
integrated into the building or facility alarm system. If single
station audible alarms are provided then single station visual
alarm signals shall be provided. Visual alarm signals shall have
the following minimum photometric and location features:
(1) The lamp shall be a xenon strobe type or equivalent.
(2) The color shall be clear or nominal white (i.e., unfiltered
or clear filtered white light).
(3) The maximum pulse duration shall be two-tenths of one second
(0.2 sec) with a maximum duty cycle of 40 percent. The pulse
duration is defined as the time interval between initial and
final points of 10 percent of maximum signal.
(4) The intensity shall be a minimum of 75 candela.
(5) The flash rate shall be a minimum of 1 Hz and a maximum of 3
Hz.
(6) The appliance shall be placed 80 in (2030 mm) above the
highest floor level within the space or 6 in (152 mm) below the
ceiling, whichever is lower.
(7) In general, no place in any room or space required to have a
visual signal appliance shall be more than 50 ft (15 m) from the
signal (in the horizontal plane). In large rooms and spaces
exceeding 100 ft (30 m) across, without obstructions 6 ft (2 m)
above the finish floor, such as auditoriums, devices may be
placed around the perimeter, spaced a maximum 100 ft (30 m)
apart, in lieu of suspending appliances from the ceiling.
(8) No place in common corridors or hallways in which visual
alarm signalling appliances are required shall be more than 50
ft (15 m) from the signal.
4.28.4* Auxiliary Alarms. Units and sleeping accommodations
shall have a visual alarm connected to the building emergency
alarm system or shall have a standard 110-volt electrical
receptacle into which such an alarm can be connected and a means
by which a signal from the building emergency alarm system can
trigger such an auxiliary alarm. When visual alarms are in place
the signal shall be visible in all areas of the unit or room.
Instructions for use of the auxiliary alarm or receptacle shall
be provided.
4.29 Detectable Warnings.
4.29.1 General. Detectable warnings required by 4.1 and 4.7
shall comply with 4.29.
4.29.2* Detectable Warnings on Walking Surfaces. Detectable
warnings shall consist of raised truncated domes with a diameter
of nominal 0.9 in (23 mm), a height of nominal 0.2 in (5 mm) and
a center-to-center spacing of nominal 2.35 in (60 mm) and shall
contrast visually with adjoining surfaces, either light-on-dark,
or dark-on-light.
The material used to provide contrast shall be an integral part
of the walking surface. Detectable warnings used on interior
surfaces shall differ from adjoining walking surfaces in
resiliency or sound-on-cane contact.
4.29.3 Detectable Warnings on Doors To Hazardous Areas.
(Reserved).
4.29.4 Detectable Warnings at Stairs. (Reserved).
4.29.5 Detectable Warnings at Hazardous Vehicular Areas. If a
walk crosses or adjoins a vehicular way, and the walking
surfaces are not separated by curbs, railings, or other elements
between the pedestrian areas and vehicular areas, the boundary
between the areas shall be defined by a continuous detectable
warning which is 36 in (915 mm) wide, complying with 4.29.2.
4.29.6 Detectable Warnings at Reflecting Pools. The edges of
reflecting pools shall be protected by railings, walls, curbs,
or detectable warnings complying with 4.29.2.
4.29.7 Standardization. (Reserved).
4.30 Signage.
4.30.1* General. Signage required to be accessible by 4.1 shall
comply with the applicable provisions of 4.30.
4.30.2* Character Proportion. Letters and numbers on signs shall
have a width-to-height ratio between 3:5 and 1:1 and a
stroke-width-to-height ratio between 1:5 and 1:10.
4.30.3 Character Height. Characters and numbers on signs shall
be sized according to the viewing distance from which they are
to be read. The minimum height is measured using an upper case
X. Lower case characters are permitted.
Height Above Finished Floor Minimum Character Height
Suspended or Projected
Overhead in compliance with 4.4.2 3 in (75 mm) minimum
4.30.4* Raised and Brailled Characters and Pictorial Symbol
Signs (Pictograms). Letters and numerals shall be raised 1/32
in, upper case, sans serif or simple serif type and shall be
accompanied with Grade 2 Braille. Raised characters shall be at
least 5/8 in (16 mm) high, but no higher than 2 in (50 mm).
Pictograms shall be accompanied by the equivalent verbal
description placed directly below the pictogram. The border
dimension of the pictogram shall be 6 in (152 mm) minimum in
height.
4.30.5* Finish and Contrast. The characters and background of
signs shall be eggshell, matte, or other non-glare finish.
Characters and symbols shall contrast with their background
--either light characters on a dark background or dark
characters on a light background.
4.30.6 Mounting Location and Height. Where permanent
identification is provided for rooms and spaces, signs shall be
installed on the wall adjacent to the latch side of the door.
Where there is no wall space to the latch side of the door,
including at double leaf doors, signs shall be placed on the
nearest adjacent wall. Mounting height shall be 60 in (1525 mm)
above the finish floor to the centerline of the sign. Mounting
location for such signage shall be so that a person may approach
within 3 in (76 mm) of signage without encountering protruding
objects or standing within the swing of a door.
4.30.7* Symbols of Accessibility.
(1) Facilities and elements required to be identified as
accessible by 4.1 shall use the international symbol of
accessibility. The symbol shall be displayed as shown in Fig.
43(a) and (b).
(2) Volume Control Telephones. Telephones required to have a
volume control by 4.1.3(17)(b) shall be identified by a sign
containing a depiction of a telephone handset with radiating
sound waves.
(3) Text Telephones. Text telephones required by 4.1.3(17)(c)
shall be identified by the international TDD symbol (Fig 43(c)).
In addition, if a facility has a public text telephone,
directional signage indicating the location of the nearest text
telephone shall be placed adjacent to all banks of telephones
which do not contain a text telephone. Such directional signage
shall include the international TDD symbol. If a facility has no
banks of telephones, the directional signage shall be provided
at the entrance (e.g., in a building directory).
(4) Assistive Listening Systems. In assembly areas where
permanently installed assistive listening systems are required
by 4.1.3(19)(b) the availability of such systems shall be
identified with signage that includes the international symbol
of access for hearing loss (Fig 43(d)).
4.30.8* Illumination Levels. (Reserved).
4.31 Telephones.
4.31.1 General. Public telephones required to be accessible by
4.1 shall comply with 4.31.
4.31.2 Clear Floor or Ground Space. A clear floor or ground
space at least 30 in by 48 in (760 mm by 1220 mm) that allows
either a forward or parallel approach by a person using a
wheelchair shall be provided at telephones (see Fig. 44). The
clear floor or ground space shall comply with 4.2.4. Bases,
enclosures, and fixed seats shall not impede approaches to
telephones by people who use wheelchairs.
4.31.3* Mounting Height. The highest operable part of the
telephone shall be within the reach ranges specified in 4.2.5 or
4.2.6.
4.31.4 Protruding Objects. Telephones shall comply with 4.4.
4.31.5 Hearing Aid Compatible and Volume Control Telephones
Required by 4.1.
(1) Telephones shall be hearing aid compatible.
(2) Volume controls, capable of a minimum of 12 dbA and a
maximum of 18 dbA above normal, shall be provided in accordance
with 4.1.3. If an automatic reset is provided then 18 dbA may be
exceeded.
4.31.6 Controls. Telephones shall have pushbutton controls where
service for such equipment is available.
4.31.7 Telephone Books. Telephone books, if provided, shall be
located in a position that complies with the reach ranges
specified in 4.2.5 and 4.2.6.
4.31.8 Cord Length. The cord from the telephone to the handset
shall be at least 29 in (735 mm) long.
4.31.9* Text Telephones Required by 4.1.
(1) Text telephones used with a pay telephone shall be
permanently affixed within, or adjacent to, the telephone
enclosure. If an acoustic coupler is used, the telephone cord
shall be sufficiently long to allow connection of the text
telephone and the telephone receiver.
(2) Pay telephones designed to accommodate a portable text
telephone shall be equipped with a shelf and an electrical
outlet within or adjacent to the telephone enclosure. The
telephone handset shall be capable of being placed flush on the
surface of the shelf. The shelf shall be capable of
accommodating a text telephone and shall have 6 in (152 mm)
minimum vertical clearance in the area where the text telephone
is to be placed.
(3) Equivalent facilitation may be provided. For example, a
portable text telephone may be made available in a hotel at the
registration desk if it is available on a 24-hour basis for use
with nearby public pay telephones. In this instance, at least
one pay telephone shall comply with paragraph 2 of this section.
In addition, if an acoustic coupler is used, the telephone
handset cord shall be sufficiently long so as to allow
connection of the text telephone and the telephone receiver.
Directional signage shall be provided and shall comply with
4.30.7.
4.32 Fixed or Built-in Seating and Tables.
4.32.1 Minimum Number. Fixed or built-in seating or tables
required to be accessible by 4.1 shall comply with 4.32.
4.32.2 Seating. If seating spaces for people in wheelchairs are
provided at fixed tables or counters, clear floor space
complying with 4.2.4 shall be provided. Such clear floor space
shall not overlap knee space by more than 19 in (485 mm) (see
Fig. 45).
4.32.3 Knee Clearances. If seating for people in wheelchairs is
provided at tables or counters, knee spaces at least 27 in (685
mm) high, 30 in (760 mm) wide, and 19 in (485 mm) deep shall be
provided (see Fig. 45).
4.32.4* Height of Tables or Counters. The tops of accessible
tables and counters shall be from 28 in to 34 in (710 mm to 865
mm) above the finish floor or ground.
4.33 Assembly Areas.
4.33.1 Minimum Number. Assembly and associated areas required to
be accessible by 4.1 shall comply with 4.33.
4.33.2* Size of Wheelchair Locations. Each wheelchair location
shall provide minimum clear ground or floor spaces as shown in
Fig. 46.
4.33.3* Placement of Wheelchair Locations. Wheelchair areas
shall be an integral part of any fixed seating plan and shall be
provided so as to provide people with physical disabilities a
choice of admission prices and lines of sight comparable to
those for members of the general public. They shall adjoin an
accessible route that also serves as a means of egress in case
of emergency. At least one companion fixed seat shall be
provided next to each wheelchair seating area. When the seating
capacity exceeds 300, wheelchair spaces shall be provided in
more than one location. Readily removable seats may be installed
in wheelchair spaces when the spaces are not required to
accommodate wheelchair users.
EXCEPTION: Accessible viewing positions may be clustered for
bleachers, balconies, and other areas having sight lines that
require slopes of greater than 5 percent. Equivalent accessible
viewing positions may be located on levels having accessible
egress.
4.33.4 Surfaces. The ground or floor at wheelchair locations
shall be level and shall comply with 4.5.
4.33.5 Access to Performing Areas. An accessible route shall
connect wheelchair seating locations with performing areas,
including stages, arena floors, dressing rooms, locker rooms,
and other spaces used by performers.
4.33.6* Placement of Listening Systems. If the listening system
provided serves individual fixed seats, then such seats shall be
located within a 50 ft (15 m) viewing distance of the stage or
playing area and shall have a complete view of the stage or
playing area.
4.33.7* Types of Listening Systems. Assistive listening systems
(ALS) are intended to augment standard public address and audio
systems by providing signals which can be received directly by
persons with special receivers or their own hearing aids and
which eliminate or filter background noise. The type of
assistive listening system appropriate for a particular
application depends on the characteristics of the setting, the
nature of the program, and the intended audience. Magnetic
induction loops, infra-red and radio frequency systems are types
of listening systems which are appropriate for various
applications.
4.34 Automated Teller Machines.
4.34.1 General. Each automated teller machine required to be
accessible by 4.1.3 shall be on an accessible route and shall
comply with 4.34.
4.34.2 Clear Floor Space. The automated teller machine shall be
located so that clear floor space complying with 4.2.4 is
provided to allow a person using a wheelchair to make a forward
approach, a parallel approach, or both, to the machine.
4.34.3 Reach Ranges.
(1) Forward Approach Only. If only a forward approach is
possible, operable parts of all controls shall be placed within
the forward reach range specified in 4.2.5.
(2) Parallel Approach Only. If only a parallel approach is
possible, operable parts of controls shall be placed as follows:
(a) Reach Depth Not More Than 10 in (255 mm). Where the reach
depth to the operable parts of all controls as measured from the
vertical plane perpendicular to the edge of the unobstructed
clear floor space at the farthest protrusion of the automated
teller machine or surround is not more than 10 in (255 mm), the
maximum height above the finished floor or grade shall be 54 in
(1370 mm).
(b) Reach Depth More Than 10 in (255 mm). Where the reach depth
to the operable parts of any control as measured from the
vertical plane perpendicular to the edge of the unobstructed
clear floor space at the farthest protrusion of the automated
teller machine or surround is more than 10 in (255 mm), the
maximum height above the finished floor or grade shall be as
follows:
(3) Forward and Parallel Approach. If both a forward and
parallel approach are possible, operable parts of controls shall
be placed within at least one of the reach ranges in paragraphs
(1) or (2) of this section.
(4) Bins. Where bins are provided, for envelopes, waste paper,
or other purposes, at least one of each type provided shall
comply with the applicable reach ranges in paragraph (1), (2),
or (3) of this section.
EXCEPTION: Where a function can be performed in a substantially
equivalent manner by using an alternate control, only one of the
controls needed to perform that function is required to comply
with this section. If the controls are identified by tactile
markings, such markings shall be provided on both controls.
4.34.4 Controls. Controls for user activation shall comply with
4.27.4.
4.34.5 Equipment for Persons with Vision Impairments.
Instructions and all information for use shall be made
accessible to and independently usable by persons with vision
impairments.
4.35 Dressing and Fitting Rooms.
4.35.1 General. Dressing and fitting rooms required to be
accessible by 4.1 shall comply with 4.35 and shall be on an
accessible route.
4.35.2 Clear Floor Space. A clear floor space allowing a person
using a wheelchair to make a 180-degree turn shall be provided
in every accessible dressing room entered through a swinging or
sliding door. No door shall swing into any part of the turning
space. Turning space shall not be required in a private dressing
room entered through a curtained opening at least 32 in (815 mm)
wide if clear floor space complying with section 4.2 renders the
dressing room usable by a person using a wheelchair.
4.35.3 Doors. All doors to accessible dressing rooms shall be in
compliance with section 4.13.
4.35.4 Bench. Every accessible dressing room shall have a 24 in
by 48 in (610 mm by 1220 mm) bench fixed to the wall along the
longer dimension. The bench shall be mounted 17 in to 19 in (430
mm to 485 mm) above the finish floor. Clear floor space shall be
provided alongside the bench to allow a person using a
wheelchair to make a parallel transfer onto the bench. The
structural strength of the bench and attachments shall comply
with 4.26.3. Where installed in conjunction with showers,
swimming pools, or other wet locations, water shall not
accumulate upon the surface of the bench and the bench shall
have a slip-resistant surface.
4.35.5 Mirror. Where mirrors are provided in dressing rooms of
the same use, then in an accessible dressing room, a full-length
mirror, measuring at least 18 in wide by 54 in high (460 mm by
1370 mm), shall be mounted in a position affording a view to a
person on the bench as well as to a person in a standing
position.
NOTE: Sections 4.1.1 through 4.1.7 and sections 5 through 10 are
different from ANSI A117.1 in their entirety and are printed in
standard type.
5. RESTAURANTS AND CAFETERIAS.
5.1* General. Except as specified or modified in this section,
restaurants and cafeterias shall comply with the requirements of
4.1 to 4.35. Where fixed tables (or dining counters where food
is consumed but there is no service) are provided, at least 5
percent, but not less than one, of the fixed tables (or a
portion of the dining counter) shall be accessible and shall
comply with 4.32 as required in 4.1.3(18). In establishments
where separate areas are designated for smoking and non-smoking
patrons, the required number of accessible fixed tables (or
counters) shall be proportionally distributed between the
smoking and non-smoking areas. In new construction, and where
practicable in alterations, accessible fixed tables (or
counters) shall be distributed throughout the space or facility.
5.2 Counters and Bars. Where food or drink is served at counters
exceeding 34 in (865 mm) in height for consumption by customers
seated on stools or standing at the counter, a portion of the
main counter which is 60 in (1525 mm) in length minimum shall be
provided in compliance with 4.32 or service shall be available
at accessible tables within the same area.
5.3 Access Aisles. All accessible fixed tables shall be
accessible by means of an access aisle at least 36 in (915 mm)
clear between parallel edges of tables or between a wall and the
table edges.
5.4 Dining Areas. In new construction, all dining areas,
including raised or sunken dining areas, loggias, and outdoor
seating areas, shall be accessible. In non-elevator buildings,
an accessible means of vertical access to the mezzanine is not
required under the following conditions: 1) the area of
mezzanine seating measures no more than 33 percent of the area
of the total accessible seating area; 2) the same services and
decor are provided in an accessible space usable by the general
public; and, 3) the accessible areas are not restricted to use
by people with disabilities. In alterations, accessibility to
raised or sunken dining areas, or to all parts of outdoor
seating areas is not required provided that the same services
and decor are provided in an accessible space usable by the
general public and are not restricted to use by people with
disabilities.
5.5 Food Service Lines. Food service lines shall have a minimum
clear width of 36 in (915 mm), with a preferred clear width of
42 in (1065 mm) to allow passage around a person using a
wheelchair. Tray slides shall be mounted no higher than 34 in
(865 mm) above the floor (see Fig. 53). If self-service shelves
are provided, at least 50 percent of each type must be within
reach ranges specified in 4.2.5 and 4.2.6.
5.6 Tableware and Condiment Areas. Self-service shelves and
dispensing devices for tableware, dishware, condiments, food and
beverages shall be installed to comply with 4.2 (see Fig. 54).
5.7 Raised Platforms. In banquet rooms or spaces where a head
table or speaker's lectern is located on a raised platform, the
platform shall be accessible in compliance with 4.8 or 4.11.
Open edges of a raised platform shall be protected by placement
of tables or by a curb.
5.8 Vending Machines and Other Equipment. Spaces for vending
machines and other equipment shall comply with 4.2 and shall be
located on an accessible route.
5.9 Quiet Areas. (Reserved).
6. MEDICAL CARE FACILITIES.
6.1 General. Medical care facilities included in this section
are those in which people receive physical or medical treatment
or care and where persons may need assistance in responding to
an emergency and where the period of stay may exceed twenty-four
hours. In addition to the requirements of 4.1 through 4.35,
medical care facilities and buildings shall comply with 6.
(1) Hospitals - general purpose hospitals, psychiatric
facilities, detoxification facilities - At least 10 percent of
patient bedrooms and toilets, and all public use and common use
areas are required to be designed and constructed to be
accessible.
(2) Hospitals and rehabilitation facilities that specialize in
treating conditions that affect mobility, or units within either
that specialize in treating conditions that affect mobility -
All patient bedrooms and toilets, and all public use and common
use areas are required to be designed and constructed to be
accessible.
(3) Long term care facilities, nursing homes - At least 50
percent of patient bedrooms and toilets, and all public use and
common use areas are required to be designed and constructed to
be accessible.
(4) Alterations to patient bedrooms.
(a) When patient bedrooms are being added or altered as part of
a planned renovation of an entire wing, a department, or other
discrete area of an existing medical facility, a percentage of
the patient bedrooms that are being added or altered shall
comply with 6.3. The percentage of accessible rooms provided
shall be consistent with the percentage of rooms required to be
accessible by the applicable requirements of 6.1(1), 6.1(2), or
6.1(3), until the number of accessible patient bedrooms in the
facility equals the overall number that would be required if the
facility were newly constructed. (For example, if 20 patient
bedrooms are being altered in the obstetrics department of a
hospital, 2 of the altered rooms must be made accessible. If,
within the same hospital, 20 patient bedrooms are being altered
in a unit that specializes in treating mobility impairments, all
of the altered rooms must be made accessible.) Where
toilet/bathrooms are part of patient bedrooms which are added or
altered and required to be accessible, each such patient
toilet/bathroom shall comply with 6.4.
(b) When patient bedrooms are being added or altered
individually, and not as part of an alteration of the entire
area, the altered patient bedrooms shall comply with 6.3, unless
either: a) the number of accessible rooms provided in the
department or area containing the altered patient bedroom equals
the number of accessible patient bedrooms that would be required
if the percentage requirements of 6.1(1), 6.1(2), or 6.1(3) were
applied to that department or area; or b) the number of
accessible patient bedrooms in the facility equals the overall
number that would be required if the facility were newly
constructed. Where toilet/bathrooms are part of patient bedrooms
which are added or altered and required to be accessible, each
such toilet/bathroom shall comply with 6.4.
6.2 Entrances. At least one accessible entrance that complies
with 4.14 shall be protected from the weather by canopy or roof
overhang. Such entrances shall incorporate a passenger loading
zone that complies with 4.6.6.
6.3 Patient Bedrooms. Provide accessible patient bedrooms in
compliance with 4.1 through 4.35. Accessible patient bedrooms
shall comply with the following:
(1) Each bedroom shall have a door that complies with 4.13.
EXCEPTION: Entry doors to acute care hospital bedrooms for
in-patients shall be exempted from the requirement in 4.13.6 for
maneuvering space at the latch side of the door if the door is
at least 44 in (1120 mm) wide.
(2) Each bedroom shall have adequate space to provide a
maneuvering space that complies with 4.2.3. In rooms with 2
beds, it is preferable that this space be located between beds.
(3) Each bedroom shall have adequate space to provide a minimum
clear floor space of 36 in (915 mm) along each side of the bed
and to provide an accessible route complying with 4.3.3 to each
side of each bed.
6.4 Patient Toilet Rooms. Where toilet/bath rooms are provided
as a part of a patient bedroom, each patient bedroom that is
required to be accessible shall have an accessible toilet/bath
room that complies with 4.22 or 4.23 and shall be on an
accessible route.
7. BUSINESS AND MERCANTILE.
7.1 General. In addition to the requirements of 4.1 to 4.35, the
design of all areas used for business transactions with the
public shall comply with 7.
7.2 Sales and Service Counters, Teller Windows, Information
Counters.
(1) In department stores and miscellaneous retail stores where
counters have cash registers and are provided for sales or
distribution of goods or services to the public, at least one of
each type shall have a portion of the counter which is at least
36 in (915mm) in length with a maximum height of 36 in (915 mm)
above the finish floor. It shall be on an accessible route
complying with 4.3. The accessible counters must be dispersed
throughout the building or facility. In alterations where it is
technically infeasible to provide an accessible counter, an
auxiliary counter meeting these requirements may be provided.
(2) At ticketing counters, teller stations in a bank,
registration counters in hotels and motels, box office ticket
counters, and other counters that may not have a cash register
but at which goods or services are sold or distributed, either:
(i) a portion of the main counter which is a minimum of 36 in
(915 mm) in length shall be provided with a maximum height of 36
in (915 mm); or
(ii) an auxiliary counter with a maximum height of 36 in (915
mm) in close proximity to the main counter shall be provided; or
(iii) equivalent facilitation shall be provided (e.g., at a
hotel registration counter, equivalent facilitation might
consist of: (1) provision of a folding shelf attached to the
main counter on which an individual with disabilities can write,
and (2) use of the space on the side of the counter or at the
concierge desk, for handing materials back and forth).
All accessible sales and service counters shall be on an
accessible route complying with 4.3.
(3)* Assistive Listening Devices. (Reserved)
7.3* Check-out Aisles.
(1) In new construction, accessible check-out aisles shall be
provided in conformance with the table below:
EXCEPTION: In new construction, where the selling space is under
5000 square feet, only one check-out aisle is required to be
accessible.
EXCEPTION: In alterations, at least one check-out aisle shall be
accessible in facilities under 5000 square feet of selling
space. In facilities of 5000 or more square feet of selling
space, at least one of each design of check-out aisle shall be
made accessible when altered until the number of accessible
check-out aisles of each design equals the number required in
new construction.
Examples of check-out aisles of different "design" include those
which are specifically designed to serve different functions.
Different "design" includes but is not limited to the following
features - length of belt or no belt; or permanent signage
designating the aisle as an express lane.
(2) Clear aisle width for accessible check-out aisles shall
comply with 4.2.1 and maximum adjoining counter height shall not
exceed 38 in (965 mm) above the finish floor. The top of the lip
shall not exceed 40 in (1015 mm) above the finish floor.
(3) Signage identifying accessible check-out aisles shall comply
with 4.30.7 and shall be mounted above the check-out aisle in
the same location where the check-out number or type of
check-out is displayed.
7.4 Security Bollards. Any device used to prevent the removal of
shopping carts from store premises shall not prevent access or
egress to people in wheelchairs. An alternate entry that is
equally convenient to that provided for the ambulatory
population is acceptable.
8. LIBRARIES.
8.1 General. In addition to the requirements of 4.1 to 4.35, the
design of all public areas of a library shall comply with 8,
including reading and study areas, stacks, reference rooms,
reserve areas, and special facilities or collections.
8.2 Reading and Study Areas. At least 5 percent or a minimum of
one of each element of fixed seating, tables, or study carrels
shall comply with 4.2 and 4.32. Clearances between fixed
accessible tables and between study carrels shall comply with
4.3.
8.3 Check-Out Areas. At least one lane at each check-out area
shall comply with 7.2(1). Any traffic control or book security
gates or turnstiles shall comply with 4.13.
8.4 Card Catalogs and Magazine Displays. Minimum clear aisle
space at card catalogs and magazine displays shall comply with
Fig. 55. Maximum reach height shall comply with 4.2, with a
height of 48 in (1220 mm) preferred irrespective of approach
allowed.
8.5 Stacks. Minimum clear aisle width between stacks shall
comply with 4.3, with a minimum clear aisle width of 42 in (1065
mm) preferred where possible. Shelf height in stack areas is
unrestricted (see Fig. 56).
9. ACCESSIBLE TRANSIENT LODGING.
(1) Except as specified in the special technical provisions of
this section, accessible transient lodging shall comply with the
applicable requirements of 4.1 through 4.35. Transient lodging
includes facilities or portions thereof used for sleeping
accommodations, when not classed as a medical care facility.
9.1 Hotels, Motels, Inns, Boarding Houses, Dormitories, Resorts
and Other Similar Places of Transient Lodging.
9.1.1 General. All public use and common use areas are required
to be designed and constructed to comply with section 4
(Accessible Elements and Spaces: Scope and Technical
Requirements).
EXCEPTION: Sections 9.1 through 9.4 do not apply to an
establishment located within a building that contains not more
than five rooms for rent or hire and that is actually occupied
by the proprietor of such establishment as the residence of such
proprietor.
9.1.2 Accessible Units, Sleeping Rooms, and Suites. Accessible
sleeping rooms or suites that comply with the requirements of
9.2 (Requirements for Accessible Units, Sleeping Rooms, and
Suites) shall be provided in conformance with the table below.
In addition, in hotels, of 50 or more sleeping rooms or suites,
additional accessible sleeping rooms or suites that include a
roll-in shower shall also be provided in conformance with the
table below. Such accommodations shall comply with the
requirements of 9.2, 4.21, and Figure 57(a) or (b).
Number of Rooms Accessible Rooms Rooms with Roll-in Showers
1 to 25 = 1
26 to 50 = 2
51 to 75 = 3
76 to 100 = 4
101 to 150 = 5
151 to 200 = 6
201 to 300 = 7
301 to 400 = 8
401 to 500 = 9
501 to 1000 = 2% of total
1001 and over =
20 plus 1 for each 100 over 1000
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