Text of the Guidelines

For the reasons set forth in the preamble, Part 1191 of title 36 of the Code of Federal Regulations is amended as follows:

PART 1191 - AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY GUIDELINES FOR BUILDINGS AND FACILITIES

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

Authority: 42 U.S.C. 12204.

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

3. In Part 1191, the appendix to appendix A is amended by revising pages A1, A1A, A2, A15 through A21 and removing pages A22 through A30 as set forth below.

The revisions read as follows:

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1. PURPOSE.

This document contains scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. These scoping and technical requirements are to be applied during the design, construction, and alteration of buildings and facilities covered by titles II and III of the ADA to the extent required by regulations issued by Federal agencies, including the Department of Justice and the Department of Transportation, under the ADA.

The technical requirements in section 4 (Accessible Elements and Spaces: Scope and Technical Requirements), 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, the requirements in sections 4.1.1 through 4.1.7 and the special application sections are different from ANSI A117.1-1980 in their entirety and are printed in standard type.

The illustrations and text of ANSI A117.1-1980 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.

Paragraphs marked with an asterisk have related, nonmandatory material in the Appendix. In the appendix, the corresponding paragraph numbers are preceded by an A.

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3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS.

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3.5 Definitions.

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Alteration.
An alteration is a change to a building or 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, resurfacing of circulation paths or vehicular ways, 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.

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Assembly Area.
A room or space accommodating a group of individuals for recreational, educational, political, social, civic, or amusement purposes, or for the consumption of food and drink.

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Curb Ramp.
A short ramp cutting through a curb or built up to it.

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Private Facility.
A place of public accommodation or a commercial facility subject to title III of the ADA and 28 C.F.R. part 36 or a transportation facility subject to title III of the ADA and 49 C.F.R. 37.45.
Public Facility.
A facility or portion of a facility constructed by, on behalf of, or for the use of a public entity subject to title II of the ADA and 28 C.F.R. part 35 or to title II of the ADA and 49 C.F.R. 37.41 or 37.43.

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TDD (Telecommunication Devices for the Deaf).
See text telephone.
TTY (Tele-Typewriter).
See text telephone.
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Technically Infeasible.
See 4.1.6(1)(j) EXCEPTION.
Text Telephone (TTY).
Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the standard telephone network. Text telephones can include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. Text telephones are also called TTYs, an abbreviation for tele-typewriter.

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Transient Lodging.*
A building, facility, or portion thereof, excluding inpatient medical care facilities and residential facilities, that contains sleeping accommodations. Transient lodging may include, but is not limited to, resorts, group homes, hotels, motels, and dormitories.

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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 and altered portions of existing buildings and facilities shall comply with section 4, unless otherwise provided in this section or as modified in a special application section.

(2) Application Based on Building Use. Special application sections provide additional requirements based on building use. 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.

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(5) General Exceptions.

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(b) Accessibility is not required to or in:

(i) raised areas used primarily for purposes of security or life or fire safety, including, but not limited to, observation or lookout galleries, prison guard towers, fire towers, or fixed life guard stands;

(ii) non-occupiable spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways, tunnels, or freight (non-passenger) elevators, and frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment; such spaces may include, but are not limited to, elevator pits, elevator penthouses, piping or equipment catwalks, water or sewage treatment pump rooms and stations, electric substations and transformer vaults, and highway and tunnel utility facilities; or

(iii) single occupant structures accessed only by a passageway that is below grade or that is elevated above standard curb height, including, but not limited to, toll booths accessed from underground tunnels.

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4.1.3 Accessible Buildings: New Construction. Accessible buildings and facilities shall meet the
following minimum requirements:

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(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 passenger elevator shall comply with 4.10.

EXCEPTION 1: Elevators are not required in:

(a) private 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; or

(b) public facilities that are less than three stories and that are not open to the general public if the story above or below the accessible ground floor houses no more than five persons and is less than 500 square feet. Examples may include, but are not limited to, drawbridge towers and boat traffic towers, lock and dam control stations, and train dispatching towers.

The elevator exemptions set forth in paragraphs (a) and (b) do 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 exemption but a passenger elevator is nonetheless planned, that elevator shall meet the requirements of 4.10 and shall serve each level in the building. A passenger elevator that provides service from a garage to only one level of a building or facility is not required to serve other levels.

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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:

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(e) To provide access to raised judges' benches, clerks' stations, speakers' platforms, jury boxes and witness stands or to depressed areas such as the well of a court.

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EXCEPTION 5: Elevators located in air traffic control towers are not required to serve the cab and the floor immediately below the cab.

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(8) The requirements in (a) and (b) below shall be satisfied independently:

(a)(i) At least 50 percent of all public entrances (excluding those in (b) below) shall comply with 4.14. At least one must be a ground floor entrance. Public entrances are any entrances that are not loading or service entrances.

(ii) Accessible public entrances must be provided in a number at least equivalent to the number of exits required by the applicable building or fire codes. (This paragraph does not require an increase in the total number of public entrances planned for a facility.)

(iii) An accessible public entrance must be provided to each tenancy in a facility (for example, individual stores in a strip shopping center).

(iv) In detention and correctional facilities subject to section 12, public entrances that are secured shall be accessible as required by 12.2.1.

One entrance may be considered as meeting more than one of the requirements in (a). Where feasible, accessible public 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.

(iii) In judicial, legislative, and regulatory facilities subject to section 11, restricted and secured entrances shall be accessible in the number required by 11.1.1.

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.

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(17) Public telephones.

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(c) The following shall be provided in accordance with 4.31.9:

(i) If four or more public pay telephones (including both interior and exterior telephones) are provided at a site of a private facility, and at least one is in an interior location, then at least one interior public text telephone (TTY) shall be provided. If an interior public pay telephone is provided in a public use area in a building of a public facility, at least one interior public text telephone (TTY) shall be provided in the building in a public use area.

(ii) If an interior public pay telephone is provided in a private facility that is a stadium or arena, a convention center, a hotel with a convention center, or a covered mall, at least one interior public text telephone (TTY) shall be provided in the facility. In stadiums, arenas and convention centers which are public facilities, at least one public text telephone (TTY) shall be provided on each floor level having at least one interior public pay telephone.

(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 (TTY) shall be provided at each such location.

(iv) If an interior public pay telephone is provided in the secured area of a detention or correctional facility subject to section 12, then at least one public text telephone (TTY) shall also be provided in at least one secured area. Secured areas are those areas used only by detainees or inmates and security personnel.

(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).
EXCEPTION: This requirement does not apply to the secured areas of detention or correctional facilities where shelves and outlets are prohibited for purposes of security or safety.

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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 section 4 and the special application sections. 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:

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(k) EXCEPTION:

(i) These guidelines do not require the installation of an elevator in an altered facility that is exempt from the requirement for an elevator under 4.1.3(5).

(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 passenger elevator, that elevator shall meet, to the maximum extent feasible, the accessibility requirements of these guidelines.

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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 section 4 and the applicable special application sections 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.

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4.30 Signage.

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4.30.7* Symbols of Accessibility.

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(3) Text Telephones (TTYs). Text telephones (TTYs) required by 4.1.3(17)(c) shall be identified by the international TTY symbol (Fig 43(c)). In addition, if a facility has a public text telephone (TTY), directional signage indicating the location of the nearest text telephone (TTY) shall be placed adjacent to all banks of telephones which do not contain a text telephone (TTY). Such directional signage shall include the international TTY symbol. If a facility has no banks of telephones, the directional signage shall be provided at the entrance (e.g., in a building directory).

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4.31 Telephones.

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4.31.9* Text Telephones (TTYs) Required by 4.1.

(1) Text telephones (TTYs) 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 (TTY) and the telephone receiver.

(2) Pay telephones designed to accommodate a portable text telephone (TTY) 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 (TTY) and shall have 6 in (152 mm) minimum vertical clearance in the area where the text telephone (TTY) is to be placed.

(3) Equivalent facilitation may be provided. For example, a portable text telephone (TTY) 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 (TTY) and the telephone receiver. Directional signage shall be provided and shall comply with 4.30.7

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5. RESTAURANTS AND CAFETERIAS.

5.1* General. Except as specified or modified in this section, restaurants and cafeterias shall comply with the requirements of section 4. 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.

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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 24 hours. In addition to the requirements of section 4, medical care facilities and buildings shall comply with 6.

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6.3 Patient Bedrooms. Provide accessible patient bedrooms in compliance with section 4. Accessible patient bedrooms shall comply with the following:

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7. BUSINESS, MERCANTILE AND CIVIC.

7.1 General. In addition to the requirements of section 4, 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 areas used for transactions 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. Such counters shall include, but are not limited to, counters in retail stores, and distribution centers. 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) In areas used for transactions that may not have a cash register but at which goods or services are sold or distributed including, but not limited to, ticketing counters, teller stations, registration counters in transient lodging facilities, information counters, box office counters and library check-out areas, 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 a disability 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)* In public facilities where counters or teller windows have solid partitions or security glazing to separate personnel from the public, at least one of each type shall provide a method to facilitate voice communication. Such methods may include, but are not limited to, grilles, slats, talk-through baffles, intercoms, or telephone handset devices. The method of communication shall be accessible to both individuals who use wheelchairs and individuals who have difficulty bending or stooping. If provided for public use, at least one telephone communication device shall be equipped with volume controls complying with 4.31.5. Hand-operable communications devices, if provided, shall comply with 4.27.

(4)* Assistive Listening Systems. (Reserved).

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8. LIBRARIES.

8.1 General. In addition to the requirements of section 4, 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.

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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 section 4. Transient lodging includes facilities or portions thereof used for sleeping accommodations, when not classed as a medical care facility.

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10. TRANSPORTATION FACILITIES.

10.1 General. Every station, bus stop, bus stop pad, terminal, building or other transportation facility, shall comply with the applicable provisions of section 4, the special application sections, and the applicable provisions of this section.

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10.4. Airports.

10.4.1 New Construction.

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(8)* Security Systems. In public facilities that are airports, at least one accessible route complying with 4.3 shall be provided through fixed security barriers at each single barrier or group of security barriers. A group is two or more security barriers immediately adjacent to each other at a single location. Where security barriers incorporate equipment such as metal detectors, fluoroscopes, or other similar devices which cannot be made accessible, an accessible route shall be provided adjacent to such security screening devices to facilitate an equivalent circulation path. The circulation path shall permit persons with disabilities passing through security barriers to maintain visual contact with their personal items to the same extent provided other members of the general public.

EXCEPTION: Doors, doorways, and gates designed to be operated only by security personnel shall be exempt from 4.13.9, 4.13.11, and 4.13.12.

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11. JUDICIAL, LEGISLATIVE AND REGULATORY FACILITIES.

11.1 General. In addition to the requirements in section 4 and 11.1, judicial facilities shall comply with 11.2 and legislative and regulatory facilities shall comply with 11.3.

11.1.1 Entrances. Where provided, at least one restricted entrance and one secured entrance to the facility shall be accessible in addition to the entrances required to be accessible by 4.1.3(8). Restricted entrances are those entrances used only by judges, public officials, facility personnel or other authorized parties on a controlled basis. Secured entrances are those entrances to judicial facilities used only by detainees and detention officers.
EXCEPTION: At secured entrances, doors and doorways operated only by security personnel shall be exempt from 4.13.9, 4.13.10, 4.13.11 and 4.13.12.

11.1.2 Security Systems. An accessible route complying with 4.3 shall be provided through fixed security barriers at required accessible entrances. Where security barriers incorporate equipment such as metal detectors, fluoroscopes, or other similar devices which cannot be made accessible, an accessible route shall be provided adjacent to such security screening devices to facilitate an equivalent circulation path.

11.1.3* Two-Way Communication Systems. Where a two-way communication system is provided to gain admittance to a facility or to restricted areas within the facility, the system shall provide both visual and audible signals and shall comply with 4.27.

11.2 Judicial Facilities.

11.2.1 Courtrooms.

(1) Where provided, the following elements and spaces shall be on an accessible route complying with 4.3. Areas that are raised or depressed and accessed by ramps or platform lifts with entry ramps shall provide unobstructed turning space complying with 4.2.3.
EXCEPTION: Vertical access to raised judges' benches or courtroom stations need not be installed provided that the requisite areas, maneuvering spaces, and, if appropriate, electrical service are installed at the time of initial construction to allow future installation of a means of vertical access complying with 4.8, 4.10, or 4.11 without requiring substantial reconstruction of the space.

(a) Spectator, Press, and Other Areas with Fixed Seats. Where spectator, press or other areas with fixed seats are provided, each type of seating area shall comply with 4.1.3(19)(a).

(b) Jury Boxes and Witness Stands. Each jury box and witness stand shall have within its defined area clear floor space complying with 4.2.4.
EXCEPTION: In alterations, accessible wheelchair spaces are not required to be located within the defined area of raised jury boxes or witness stands and may be located outside these spaces where ramp or lift access poses a hazard by restricting or projecting into a means of egress required by the appropriate administrative authority.

(c) Judges' Benches and Courtroom Stations. Judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, court reporters' stations and litigants' and counsel stations shall comply with 4.32.

(2)* Permanently installed assistive listening systems complying with 4.33 shall be provided in each courtroom. The minimum number of receivers shall be four percent of the room occupant load, as determined by applicable State or local codes, but not less than two receivers. An informational sign indicating the availability of an assistive listening system and complying with 4.30.1, 4.30.2, 4.30.3, 4.30.5, and 4.30.7(4) shall be posted in a prominent place.

11.2.2 Jury Assembly Areas and Jury Deliberation Areas. Where provided in areas used for jury assembly or deliberation, the following elements or spaces shall be on an accessible route complying with 4.3 and shall comply with the following provisions:

(1) Refreshment Areas. Refreshment areas, kitchenettes and fixed or built-in refreshment dispensers shall comply with the technical provisions of 9.2.2(7).

(2) Drinking Fountains. Where provided in rooms covered under 11.2.2, there shall be a drinking fountain in each room complying with 4.15.

11.2.3 Courthouse Holding Facilities.

(1) Holding Cells - Minimum Number. Where provided, facilities for detainees, including central holding cells and court-floor holding cells, shall comply with the following:

(a) Central Holding Cells. Where separate central holding cells are provided for adult male, juvenile male, adult female, or juvenile female, one of each type shall comply with 11.2.3(2). Where central-holding cells are provided, which are not separated by age or sex, at least one cell complying with 11.2.3(2) shall be provided.

(b) Court-Floor Holding Cells. Where separate court-floor holding cells are provided for adult male, juvenile male, adult female, or juvenile female, each courtroom shall be served by one cell of each type complying with 11.2.3(2). Where court-floor holding cells are provided, which are not separated by age or sex, courtrooms shall be served by at least one cell complying with 11.2.3(2). Cells may serve more than one courtroom.

(2) Requirements for Accessible Cells. Accessible cells shall be on an accessible route complying with 4.3. Where provided, the following elements or spaces serving accessible cells shall be accessible and on an accessible route:

(a) Doors and Doorways. All doors and doorways to accessible spaces and on an accessible route shall comply with 4.13.
EXCEPTION: Doors and doorways operated only by security personnel shall be exempt from 4.13.9, 4.13.10, 4.13.11 and 4.13.12.

(b)* Toilet and Bathing Facilities. Toilet facilities shall comply with 4.22 and bathing facilities shall comply with 4.23. Privacy screens shall not intrude on the clear floor space required for fixtures or the accessible route.

(c)* Beds. Beds shall have maneuvering space at least 36 in (915 mm) wide along one side. Where more than one bed is provided in a cell, the maneuvering space provided at adjacent beds may overlap.

(d) Drinking Fountains and Water Coolers. Drinking fountains shall be accessible to individuals who use wheelchairs in accordance with 4.15 and shall be accessible to those who have difficulty bending or stooping. This can be accomplished 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 other such means as would achieve the required accessibility for each group.

(e) Fixed or Built-in Seating and Tables. Fixed or built-in seating, tables or counters shall comply with 4.32.

(f) Fixed Benches. Fixed benches shall be mounted at 17 in to 19 in (430 mm to 485 mm) above the finish floor and provide back support (e.g., attachment to wall). The structural strength of the bench attachments shall comply with 4.26.3.

(3)* Visiting Areas. The following elements, where provided, shall be located on an accessible route complying with 4.3 and shall comply with the following provisions:

(a) Cubicles and Counters. Five percent, but not less than one, of fixed cubicles shall comply with 4.32 on both the visitor and detainee sides. Where counters are provided, a portion at least 36 in (915 mm) in length shall comply with 4.32 on both the visitor and detainee sides.

(b) Partitions. Solid partitions or security glazing that separate visitors from detainees shall comply with 7.2(3).

11.3* Legislative and Regulatory Facilities. Assembly areas designated for public use, including public meeting rooms, hearing rooms, and chambers shall comply with 11.3.

11.3.1 Where provided, the following elements and spaces shall be on an accessible route complying with 4.3. Areas that are raised or depressed and accessed by ramps or platform lifts with entry ramps shall provide unobstructed turning space complying with 4.2.3.

(1) Raised Speakers' Platforms. Where raised speakers' platforms are provided, at least one of each type shall be accessible.

(2) Spectator, Press, and Other Areas with Fixed Seats. Where spectator, press or other areas with fixed seats are provided, each type of seating area shall comply with 4.1.3(19)(a).

11.3.2* Each assembly area provided with a permanently installed audio-amplification system shall have a permanently installed assistive listening system. The minimum number of receivers shall be four percent of the room occupant load, as determined by applicable State or local codes, but not less than two receivers. An informational sign indicating the availability of an assistive listening system and complying with 4.30.1, 4.30.2, 4.30.3, 4.30.5, and 4.30.7(4) shall be posted in a prominent place.

12. DETENTION AND CORRECTIONAL FACILITIES.

12.1* General. This section applies to jails, holding cells in police stations, prisons, juvenile detention centers, reformatories, and other institutional occupancies where occupants are under some degree of restraint or restriction for security reasons. Except as specified in this section, detention and correctional facilities shall comply with the applicable requirements of section 4. All common use areas serving accessible cells or rooms and all public use areas are required to be designed and constructed to comply with section 4.

EXCEPTIONS: Requirements for areas of rescue assistance in 4.1.3(9), 4.3.10, and 4.3.11 do not apply. Compliance with requirements for elevators in 4.1.3(5) and stairs 4.1.3(4) is not required in multi-story housing facilities where accessible cells or rooms, all common use areas serving them, and all public use areas are on an accessible route. Compliance with 4.1.3(16) is not required in areas other than public use areas.

12.2 Entrances and Security Systems.

12.2.1* Entrances. Entrances used by the public, including those that are secured, shall be accessible as required by 4.1.3(8).
EXCEPTION: Compliance with 4.13.9, 4.13.10, 4.13.11 and 4.13.12 is not required at entrances, doors, or doorways that are operated only by security personnel or where security requirements prohibit full compliance with these provisions.

12.2.2 Security Systems. Where security systems are provided at public or other entrances required to be accessible by 12.2.1 or 12.2.2, an accessible route complying with 4.3 shall be provided through fixed security barriers. Where security barriers incorporate equipment such as metal detectors, fluoroscopes, or other similar devices which cannot be made accessible, an accessible route shall be provided adjacent to such security screening devices to facilitate an equivalent circulation path.

12.3* Visiting Areas. In non-contact visiting areas where inmates or detainees are separated from visitors, the following elements, where provided, shall be accessible and located on an accessible route complying with 4.3:

(1) Cubicles and Counters. Five percent, but not less than one, of fixed cubicles shall comply with 4.32 on both the visitor and detainee or inmate sides. Where counters are provided, a portion at least 36 in (915 mm) in length shall comply with 4.32 on both the visitor and detainee or inmate sides.
EXCEPTION: At non-contact visiting areas not serving accessible cells or rooms, the requirements of 12.3(1) do not apply to the inmate or detainee side of cubicles or counters.

(2) Partitions. Solid partitions or security glazing separating visitors from inmates or detainees shall comply with 7.2(3).

12.4 Holding and Housing Cells or Rooms: Minimum Number.

12.4.1* Holding Cells and General Housing Cells or Rooms. At least two percent, but not less than one, of the total number of housing or holding cells or rooms provided in a facility shall comply with 12.5.

12.4.2* Special Holding and Housing Cells or Rooms. In addition to the requirements of 12.4.1, where special holding or housing cells or rooms are provided, at least one serving each purpose shall comply with 12.5. An accessible special holding or housing cell or room may serve more than one purpose. Cells or rooms subject to this requirement include, but are not limited to, those used for purposes of orientation, protective custody, administrative or disciplinary detention or segregation, detoxification, and medical isolation.
EXCEPTION: Cells or rooms specially designed without protrusions and to be used solely for purposes of suicide prevention are exempt from the requirement for grab bars at water closets in 4.16.4.

12.4.3* Accessible Cells or Rooms for Persons with Hearing Impairments. In addition to the requirements of 12.4.1, two percent, but not less than one, of general housing or holding cells or rooms equipped with audible emergency warning systems or permanently installed telephones within the cell or room shall comply with the applicable requirements of 12.6.

12.4.4 Medical Care Facilities. Medical care facilities providing physical or medical treatment or care shall comply with the applicable requirements of section 6.1, 6.3 and 6.4, if persons may need assistance in emergencies and the period of stay may exceed 24 hours. Patient bedrooms or cells required to be accessible under 6.1 and 6.3 shall be provided in addition to any medical isolation cells required to be accessible under 12.4.2.

12.4.5 Alterations to Cells or Rooms. (Reserved.)

12.5 Requirements for Accessible Cells or Rooms.

12.5.1 General. Cells or rooms required to be accessible by 12.4 shall comply with 12.5.

12.5.2* Minimum Requirements. Accessible cells or rooms shall be on an accessible route complying with 4.3. Where provided to serve accessible housing or holding cells or rooms, the following elements or spaces shall be accessible and connected by an accessible route.

(1) Doors and Doorways. All doors and doorways on an accessible route shall comply with 4.13.
EXCEPTION: Compliance with 4.13.9, 4.13.10, 4.13.11 and 4.13.12 is not required at entrances, doors, or doorways that are operated only by security personnel or where security requirements prohibit full compliance with these provisions.

(2)* Toilet and Bathing Facilities. At least one toilet facility shall comply with 4.22 and one bathing facility shall comply with 4.23. Privacy screens shall not intrude on the clear floor space required for fixtures and the accessible route.

(3)* Beds. Beds shall have maneuvering space at least 36 in (915 mm) wide along one side. Where more than one bed is provided in a room or cell, the maneuvering space provided at adjacent beds may overlap.

(4) Drinking Fountains and Water Coolers. At least one drinking fountain shall comply with 4.15.

(5) Fixed or Built-in Seating or Tables. Fixed or built-in seating, tables and counters shall comply with 4.32.

(6) Fixed Benches. At least one fixed bench shall be mounted at 17 in to 19 in (430 mm to 485 mm) above the finish floor and provide back support (e.g., attachment to wall). The structural strength of the bench attachments shall comply with 4.26.3.

(7) Storage. Fixed or built-in storage facilities, such as cabinets, shelves, closets, and drawers, shall contain storage space complying with 4.25.

(8) Controls. All controls intended for operation by inmates shall comply with 4.27.

(9) Accommodations for persons with hearing impairments required by 12.4.3 and complying with 12.6 shall be provided in accessible cells or rooms.

12.6 Visual Alarms and Telephones.

Where audible emergency warning systems are provided to serve the occupants of holding or housing cells or rooms, visual alarms complying with 4.28.4 shall be provided. Where permanently installed telephones are provided within holding or housing cells or rooms, they shall have volume controls complying with 4.31.5.
EXCEPTION: Visual alarms are not required where inmates or detainees are not allowed independent means of egress.

 

13. RESIDENTIAL HOUSING [RESERVED]

14. PUBLIC RIGHTS-OF-WAY [RESERVED]

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APPENDIX:

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A3.0 Miscellaneous Instructions and Definitions.

A3.5 Definitions.

Transient Lodging. The Department of Justice's policy and rules further define what is covered as transient lodging.

A4.0 Accessible Elements and Spaces: Scope and Technical Requirements.

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A4.1.7 Accessible Buildings: Historic Preservation.

A4.1.7(1) The Department of Justice's regulations implementing titles II and III of the ADA require alternative methods of access where compliance with the special access provisions in 4.1.7(3) would threaten or destroy the historic significance of a qualified historic facility. The requirement for public facilities subject to title II is provided at 28 C.F.R. 35.154(b) and the requirement for private facilities subject to title III is provided at 28 C.F.R. 36.405(b).

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A4.31.9(1) A public text telephone (TTY) may be an integrated text telephone (TTY) pay telephone unit or a conventional portable text telephone (TTY) that is permanently affixed within, or adjacent to, the telephone enclosure. In order to be usable with a pay telephone, a text telephone (TTY) which is not a single integrated text telephone (TTY) pay telephone unit will require a shelf large enough (10 in (255 mm) wide by 10 in (255 mm) deep with a 6 in (150 mm) vertical clearance minimum) to accommodate the device, an electrical outlet, and a power cord.

A4.31.9(3) Movable or portable text telephones (TTYs) may be used to provide equivalent facilitation. A text telephone (TTY) should be readily available so that a person using it may access the text telephone (TTY) easily and conveniently. As currently designed, pocket-type text telephones (TTYs) for personal use do not accommodate a wide range of users. Such devices would not be considered substantially equivalent to conventional text telephones (TTYs). However, in the future as technology develops this could change.

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A4.33.7 Types of Listening Systems. An assistive listening system appropriate for an assembly area for a group of persons or where the specific individuals are not known in advance, such as a playhouse, lecture hall or movie theater, may be different from the system appropriate for a particular individual provided as an auxiliary aid or as part of a reasonable accommodation. The appropriate device for an individual is the type that individual can use, whereas the appropriate system for an assembly area will necessarily be geared toward the "average" or aggregate needs of various individuals. A listening system that can be used from any seat in a seating area is the most flexible way to meet this specification. Earphone jacks with variable volume controls can benefit only people who have slight hearing loss and do not help people who use hearing aids. At the present time, magnetic induction loops are the most feasible type of listening system for people who use hearing aids equipped with "T- coils," but people without hearing aids or those with hearing aids not equipped with inductive pick-ups cannot use them without special receivers. Radio frequency systems can be extremely effective and inexpensive. People without hearing aids can use them, but people with hearing aids need a special receiver to use them as they are presently designed. If hearing aids had a jack to allow a by-pass of microphones, then radio frequency systems would be suitable for people with and without hearing aids. The Department of Justice's regulations implementing titles II and III of the ADA require public accommodations to provide appropriate auxiliary aids and services to ensure effective communication. See 28 C.F.R. 35.160, 28 C.F.R. 35.164, and 28 C.F.R. 36.303. Where assistive listening systems are used to provide effective communication, the Department of Justice considers it essential that a portion of receivers be compatible with hearing aids.

Some listening systems may be subject to interference from other equipment and feedback from hearing aids of people who are using the systems. Such interference can be controlled by careful engineering design that anticipates feedback sources in the surrounding area.

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A7.0 Business, Mercantile and Civic.

A7.2(3)(iii) Counter or Teller Windows with Partitions. Methods of facilitating voice communication may include grilles, slats, talk-through baffles, and other devices mounted directly into the partition which users can speak directly into for effective communication. These methods are required to be designed or placed so that they are accessible to a person who is standing or seated. However, if the counter is only used by persons in a seated position, then a method of facilitating communication which is accessible to standing persons would not be necessary.

A7.2(4) Assistive Listening Systems. At all sales and service counters, teller windows, box offices, and information kiosks where a physical barrier separates service personnel and customers, it is recommended that at least one permanently installed assistive listening device complying with 4.33 be provided at each location or series. Where assistive listening devices are installed, signage should be provided identifying those stations which are so equipped.

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A10.0 Transportation Facilities.

A10.4 Airports.

A10.4.1(8) Security Systems. This provision requires that, at a minimum, an accessible route or path of travel be provided but does not require security equipment or screening devices to be accessible. However, where barriers consist of movable equipment, it is recommended that they comply with the provisions of this section to provide persons with disabilities the ability to travel with the same ease and convenience as other members of the general public.

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A11.0 Judicial, Legislative and Regulatory Facilities.

A11.1.3 Two-Way Communication Systems. Two-way communication entry systems must provide both voice and visual display so that persons with hearing or speech impairments can utilize the system. This requirement may be met with a device that would allow security personnel to respond to a caller with a light indicating that assistance is on the way. It is important that signage be provided to indicate the meaning of visual signals.

A11.2.1(2) Assistive Listening Systems. People who wear hearing aids often need them while using assistive listening systems. The Department of Justice's regulation implementing title II of the ADA requires public entities to provide appropriate auxiliary aids and services where necessary to ensure effective communication. See 28 C.F.R. 35.160 and 28 C.F.R. 35.164. Where assistive listening systems are used to provide effective communication, the Department of Justice considers it essential that a portion of receivers be compatible with hearing aids. Receivers that are not compatible include ear buds, which require removal of hearing aids, and headsets that must be worn over the ear, which can create disruptive interference in the transmission.

A11.2.3(2)(b) Toilet and Bathing Facilities. The requirements of 4.22 for toilet rooms and 4.23 for bathrooms, bathing facilities, and shower rooms do not preclude the placement of toilet or bathing fixtures within housing or holding cells or rooms as long as the requirements for toilet rooms and bathrooms, including maneuvering space, are met. In such instances, the maneuvering space required within housing or holding cells or rooms may also serve as the maneuvering space required in toilet rooms by 4.22 or in bathrooms or shower rooms by 4.23.

A11.2.3(2)(c) Beds. The height of beds should be 17 in to 19 in (430 mm to 485 mm) measured from the finish floor to the bed surface, including mattresses or bed rolls, to ensure appropriate transfer from wheelchairs and other mobility aids. Where upper bunks are provided, sufficient clearance should be provided between bunks so that the transfer from wheelchairs to lower bunks is not restricted. Figure A3 provides average human dimensions that should be considered in determining this clearance.

A11.2.3(3) Visiting Areas. Accessible cubicles or portions of counters may have fixed seats if the required clear floor space is provided within the area defined by the cubicle. Consideration should be given to the placement of grilles, talk-thru baffles, intercoms, telephone handsets or other communication devices so they are usable from both the fixed seat and from the accessible seating area. If an assistive listening system is provided, the needs of the intended user and characteristics of the setting should be considered as described in A4.33.7 and Table A2.

A11.3 Legislative and Regulatory Facilities. Legislative facilities include town halls, city council chambers, city or county commissioners' meeting rooms, and State capitols. Regulatory facilities are those which house State and local entities whose functions include regulating, governing, or licensing activities. Section 11.3 applies to rooms where public debate, or discussion of local issues, laws, ordinances, or regulations take place. Examples include, but are not limited to, legislative chambers and hearing rooms, facilities where town, county council or school Board meetings, and housing authority meetings are held, and rooms accommodating licensing or other regulatory board hearings, adjudicatory administrative hearings (e.g., drivers license suspension hearings) and zoning application and waiver proceedings.

A11.3.2 See A11.2.1(2).

A12.0 Detention and Correctional Facilities.

A12.1 General. All common use areas serving accessible cells or rooms are required to be accessible. In detention and correctional facilities, common use areas include those areas serving a group of inmates or detainees, including, but not limited to, exercise yards and recreation areas, workshops and areas of instruction or vocational training, counseling centers, cafeterias, commissaries, medical facilities, and any other rooms, spaces, or elements that are made available for the use of a group of inmates or detainees. Detention and correctional facilities also contain areas that may be regarded as common use areas which specifically serve a limited number of housing cells or rooms. Where this occurs, only those common use areas serving accessible cells or rooms would need to be accessible as required by 12.5. For example, several housing cells may be located at and served by a dayroom or recreation room. In this instance, only those dayrooms serving accessible housing cells or rooms would need to be accessible. However, common use areas that do not serve accessible cells but that are used by the public or by employees as work areas are still subject to the requirements for public use areas and employee work areas in section 4.

A12.2.1 Entrances. Persons other than inmates and facility staff, such as counselors and instructors, may have access to secured areas. It is important that evacuation planning address egress for all possible users since a person with a disability might not be able to independently operate doors permitted by this exception.

A12.3 Visiting Areas. Accessible cubicles or portions of counters may have fixed seats if the required clear floor space is provided within the area defined by the cubicle. Consideration should be given to the placement of grilles, talk-thru baffles, intercoms, telephone handsets or other communication devices so they are usable from both the fixed seat and from the accessible seating area. If an assistive listening system is provided, the needs of the intended user and characteristics of the setting should be considered as described in A4.33.7 and Table A2.

A12.4.1 Holding Cells and General Housing Cells or Rooms. Accessible cells or rooms should be dispersed among different levels of security, housing categories and holding classifications (e.g., male/female and adult/juvenile) to facilitate access. Many detention and correctional facilities are designed so that certain areas (e.g., "shift" areas) can be adapted to serve as different types of housing according to need. For example, a shift area serving as a medium security housing unit might be redesignated for a period of time as a high security housing unit to meet capacity needs. Placement of accessible cells or rooms in shift areas may allow additional flexibility in meeting requirements for dispersion of accessible cells or rooms.

A12.4.2 Special Holding and Housing Cells or Rooms. While one of each type of special purpose cell is required to be accessible at a facility, constructing more than one of each type to be accessible will facilitate access at large facilities where cells of each type serve different holding areas or housing units. The requirement for medical isolation cells applies only to those specifically designed for medical isolation. Cells or rooms primarily designed for other purposes, such as general housing or medical care, are subject to the requirements in 12.4.1 or 12.4.4, respectively. Medical isolation cells required to be accessible by 12.4.2 shall not be counted as part of the minimum number of patient bedrooms or cells required to be accessible in 12.4.4. Thus, if a medical care facility has both types of cells, at least one medical isolation cell must be accessible under 12.4.2 in addition to the number of patient bedrooms or cells required to be accessible by 12.4.4. While only one medical isolation cell per facility is required to be accessible, it is recommended that consideration be given to ensuring the accessibility of all medical isolation cells.

A12.4.3 Accessible Cells or Rooms for Persons with Hearing Impairments. Many correctional facilities do not provide permanently installed telephones or alarms within individual housing cells. Such facilities are not subject to the requirements of 12.4.3. However, some categories of housing, such as minimum security prisons, may be equipped with such devices. The minimum two percent is based on the number of cells or rooms equipped with these devices and not on the total number of cells or rooms in the facility. In addition, this requirement applies only where permanently installed telephones or alarms are provided within individual cells. Permanently installed telephones and alarms located in common use areas, such as dayrooms, are required to be accessible according to the requirements for common use areas. See 12.1.

A12.5.2 Minimum Requirements. The requirements of this section apply to elements provided within housing or holding cells or rooms. Elements located outside cells or rooms for common use, such as in a day room, are subject to 12.1 and its application of requirements in section 4. For example, if a drinking fountain is provided within an accessible housing or holding cell, at least one must be wheelchair accessible under section 12.5.2(4). Drinking fountains located outside the cells in common use areas serving accessible cells or in public use areas, are subject to the requirements of 4.1.3(10).

A12.5.2(2) Toilet and Bathing Facilities. The requirements of 4.22 for toilet rooms and 4.23 for bathrooms, bathing facilities, and shower rooms do not preclude the placement of toilet or bathing fixtures within housing or holding cells or rooms as long as the requirements for toilet rooms and bathrooms, including maneuvering space, are met. In such instances, the maneuvering space required within housing or holding cells or rooms may also serve as the maneuvering space required in toilet rooms by 4.22 or in bathrooms or shower rooms by 4.23.

A12.5.2(3) Beds. Since beds may not always be fixed, a minimum number of accessible beds has not been specified. In barracks-style rooms with many beds, it is recommended that the scoping requirement for housing or holding cells or rooms (2 percent) also be applied to the number of beds in accessible cells or rooms.

The height of beds should be 17 to 19 in (430 mm to 485 mm) measured from the finish floor to the bed surface, including mattresses or bed rolls, to ensure appropriate transfer from wheelchairs and other mobility aids. Where upper bunks are provided, sufficient clearance must be provided between bunks so that the transfer from wheelchairs to lower bunks is not restricted. Figure A3 provides standard human dimensions that should be considered in determining this clearance.