At its January 14, 2004 meeting, the Access Board-the federal agency required by law to develop design standards for access by individuals with disabilities-unanimously approved new guidelines concerning access to facilities covered by the Americans with Disabilities Act (ADA). The approved rule overhauls the existing ADA Accessibility Guidelines (ADAAG), which were first published in 1991. They cover the construction and alteration of facilities in the private sector (places of public accommodation and commercial facilities) and the public sector (state and local government facilities).
The rule also revises guidelines for federally funded facilities required to be accessible under the Architectural Barriers Act (ABA). They primarily address facilities in the federal sector and others designed, built, altered, or leased with federal funds. Both the ADA guidelines and the ABA guidelines specify access in new construction and alterations, and provide detailed provisions for various building elements, including ramps, elevators, restrooms, parking, and signage, among others.
The guidelines under both laws are being updated together in one rule that contains three parts: a scoping document for ADA facilities, a scoping document for ABA facilities, and a common set of technical criteria that the scoping sections will reference. As a result, the requirements for both ADA and ABA facilities will be made more consistent. The rule also includes new scoping and technical provisions for accessible housing that derive from requirements for “Type A” dwelling units contained in the 1998 edition of the ICC/ANSI A117.1 standard, Accessible and Usable Buildings and Facilities.
The new guidelines are based on recommendations developed by an advisory committee the Board had chartered to review the existing ADAAG. The ADAAG Review Advisory Committee, assembled in September 1994, consisted of 22 members representing the design and construction industry, the building code community, state and local government entities, and people with disabilities. United Spinal’s Director of Building Codes and Standards Brian Black was a member of this committee. The committee was charged with making recommendations for updating ADAAG so that it remains consistent with technological developments and changes in model codes and national standards, and continues to meet the needs of people with disabilities. The committee developed a comprehensive set of recommendations that address substantive changes to ADAAG scoping provisions and technical requirements as well as its format and numbering system. Cited as an outstanding example of reinventing government, the Committee and the Board received the Vice Presidential Hammer Award in July 1996.
Based on this committee’s report, the Board published a proposed set of guidelines in November 1999. This proposal, which was made available for public comment for six months, attracted over 2,500 comments. These comments provided considerable input on the substance of the guidelines. The Board made a variety of changes to the guidelines based on this feedback from the public.
The Board’s recent action allows the finalized guidelines to move on to the Office of Management and Budget (OMB), which serves as a clearinghouse for Federal regulations. OMB has 90 days to complete its review. The Board will proceed to publish the new guidelines once approved by OMB. The final guidelines will not be publicly available until cleared by OMB.
The Board’s guidelines, by themselves, are not enforceable or mandatory for entities covered by the ADA or ABA. Other agencies, such as the Departments of Justice and Transportation under the ADA, and several others under the ABA, are authorized to set the design standards that must be met. Their standards are to be consistent with the Board’s guidelines. These agencies will update their enforceable standards based on the Board’s final guidelines. As part of this action, the agencies will specify when the updated standards take effect. Until then, the current standards remain in effect.
Terry Moakley is Associate Executive Director of Communications and Public Affairs.
An Overview of the Proposed ADA and ABA Accessibility Guidelines
These guidelines cover new construction and alterations and generally do not address existing facilities outside planned alterations. The Board’s guidelines do not directly impact the public but instead serve as a baseline for enforceable standards issued by other federal agencies, which do have public impact.
The proposed guidelines contain updated scoping provisions, which specify what has to be accessible, and technical requirements, which spell out how access is achieved.
The proposed guidelines feature:
• A new numbering system consistent with model codes
• A more streamlined structure and organization of chapters
• Updated scoping and technical provisions with a greater structural delineation between them
• New figures and commentary (advisory information)
• Provision of all figure-based information in written text.Part 1 provides scoping provisions for those facilities covered by the ADA: places of public accommodation, commercial facilities, and state and local government facilities, including public transportation facilities.
Chapter 1 contains general principles that recognize the purpose of the guidelines, provisions for adults and children, equivalent facilitation, conventions, referenced standards, and definitions. Chapter 1 simplifies and reorganizes similar provisions contained in ADAAG sections 1, 2, and 3.
Chapter 2 provides scoping requirements for spaces and elements required to be accessible in new construction and alterations. Chapter 2 replaces the minimum requirements sections of ADAAG 4.1. As revised, this section differs from ADAAG in that it integrates the scoping for exterior sites and interior facilities. The new structure reinforces the principle that under the general scoping, all portions of sites and facilities are subject to the guidelines unless otherwise noted.
Some of the more substantive changes of this chapter concern scoping for elevators, including new provisions for destination- oriented and limited-use/limited-application elevators, means of egress, passenger loading zones, stairways, emergency alarm systems, TTYs, assistive listening systems, and assembly seating.
New scoping provisions are included that cover sinks, laundry equipment, beds in transient lodging, self-service storage facilities, windows, and accessible residential facilities.
Part 2 provides application and scoping requirements under the ABA for facilities designed, built, altered, or leased with federal funds. It is modeled after the ADA scoping document (Part I) although there are some departures due to statutory differences. Differences are found in the sections covering modifications and waivers, definitions, existing buildings and facilities, additions, leases, and housing, specifically an exception for military housing. Certain provisions or exceptions in the ADA scoping section, recognized only by the ADA, are not included in the ABA scoping section.
Part 3 provides technical requirements (Chapters 3 through 11) that are referenced by the ADA and ABA scoping documents.
Chapter 3 contains basic technical requirements considered to be the “building blocks” for accessibility as established by the guidelines, including ground and floor surfaces, clear floor space, knee and toe clearances, reach ranges, and operable parts.
All components of accessible routes and means of egress have been combined into Chapter 4, which covers walking surfaces, doors, ramps, curb ramps, elevators, wheelchair lifts, means of egress, and areas of refuge. Changes are reflected in each of these sections. Extensive revisions are proposed for elevators, including new requirements for destination-oriented and limited-use/limited-application elevators, altered elevators, means of egress, and areas of refuge.
Chapter 5 contains requirements for accessible parking and passenger loading zones, stairways, and handrails. Changes include revised requirements for parking designations, stairways (including a specified riser height), and handrails.
Chapter 6 offers technical requirements for plumbing fixtures and toilet and bathing rooms that replace those in ADAAG 4.15 through 4.24. Previously adopted amendments to ADAAG that provide alternate specifications for building elements designed for children’s use are included. This section covers drinking fountains and water coolers, toilets and bathrooms, water closets and stalls, urinals, lavatories and sinks, bathtubs, showers, grab bars, seats, and laundry equipment. Some of the more substantive changes of this chapter pertain to water closets (location and clear floor space), specifications for shower compartments (water temperature, spray units, and curbs), and new provisions covering washing machines and clothes dryers (equipment not addressed in the current ADAAG).
Chapter 7 provides technical criteria for communication elements such as fire alarms, signs, telephones, detectable warnings, assistive listening systems, ATMs and fare machines, and two-way communication systems. Extensive revision is proposed for these elements, particularly fire alarm systems, signs, and ATMs and fare machines.
Chapter 8 covers specific elements, rooms and spaces, including assembly areas, dressing, fitting, and locker rooms, kitchens and kitchenettes, medical care facilities, transient lodging, and detention and correctional facilities. Most of the provisions contained in the special occupancy sections of the current ADAAG are provided in this chapter. The most substantive changes raised in this chapter pertain to wheelchair seating in assembly areas.
Chapter 9 covers built-in furnishings and equipment and provides specifications for dining and work surfaces, benches, sales and service counters, including checkout aisles, and storage. These requirements apply to a variety of facilities and effectively replace those in ADAAG 7 and 8 for business and mercantile facilities and libraries. Substantive changes are proposed for benches and sales and service counters.
Transportation facilities are the only occupancy type covered in a separate chapter, number 10. Like section 10 of the current ADAAG, this chapter covers bus stops and terminals, rail facilities and stations, and airports. Changes are proposed for rail facilities and stations.
The final Chapter 11 includes requirements for accessible dwelling units. The technical criteria of this chapter derive from updated requirements for residential facilities contained in the ICC/ANSI A117.1-1998 standard. These requirements represent an addition to ADAAG, which currently does not address such facilities.
This chapter also serves to update requirements for dwelling units in the minimum guidelines for federally funded facilities upon which UFAS is based. Section 1102 covers accessible dwelling units and provides requirements for entrances, elements of accessible routes, private residence elevators, laundry equipment, toilet and bathing facilities, kitchens, windows, and storage facilities. Section 1103 provides requirements for dwelling units with accessible communication features. Specifications in this section cover smoke detectors, fire alarm systems and visual appliances, doorbells, and entry communication systems.
