Comments of United Spinal Association
Revised Draft Passenger Vessel Accessibility Guidelines and Supplementary Information
Submitted by:
Linda Volpe, Compliance Specialist
Accessibility ServicesUnited Spinal Association
75-20 Astoria Boulevard
Jackson Heights, New York 11370
(518) 945-1606
October 13, 2006
INTRODUCTION
United Spinal Association is a non-profit organization dedicated to enhancing the lives of all individuals with spinal cord injury or disease by ensuring quality health care, promoting research, advocating for civil rights and independence, educating the public about these issues, and enlisting its help to achieve these fundamental goals.
United Spinal Association applauds the efforts of the Access Board in developing the proposed access specifications for passenger vessels embodied in this proposed rule, which includes provisions for both public transport and public accommodations. Currently, the Board’s guidelines focus on facilities provided on landside sites. Although passenger vessels are required to be accessible under the ADA, no specific guidelines are currently available to inform the public about how to make them accessible to people with disabilities. These draft guidelines effectively provide a better understanding of what accessibility requirements would apply to passenger vessels.
United Spinal Association has a travel department that specializes in accessible travel. Many of our members enjoy taking vacations on cruise ships because of the convenience of having all activities and accommodations contained in one ship – dining accommodations, sleeping accommodations and recreational activities are on-site and in close proximity to each other. We are particularly pleased that the Board has included an entire chapter on recreation facilities and play areas. The Board’s draft guidelines will help to ensure that our members, once they get on board a cruise ship, will have an enjoyable vacation, where access and inclusion is not an issue.
SCOPING
UNITED SPINAL ASSOCIATION COMMENTS ON DRAFT GUIDELINES FOR LARGE PASSENGER VESSELS
Chapter 2: SCOPING REQUIREMENTS
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V205 Operable Parts
UNITED SPINAL ASSOCIATION COMMENTS
In the Discussion of the Provisions, the Board asks if it is acceptable to add an exception to V205 that would address situations where a large number of operable parts of the same type are provided in an accessible space, such as slot machines. United Spinal Association supports the addition of an exception to V205 that would require 5%, but not less than one of each type, comply with V309.
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V206 Onboard Accessible Routes
V206.6 Elevators. Elevators provided for passengers shall comply with V407. Where multiple elevators are provided, each elevator shall comply with V407.
EXCEPTIONS:
1. In a passenger vessel permitted to use the exceptions to V206.2.1 or permitted by V206.7 to use a platform lift, elevators complying with V408 shall be permitted.
2. In passenger vessels less than 10,000 ITC tons, elevators complying with V408 shall be permitted.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association supports the allowance for usage of Limited Use/Limited Application (LU/LA) elevators. We have seen no misuse of these devices in jurisdictions where LU/LAs are currently permitted in new construction (e.g. New York State).
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V207 Accessible Means of Escape
V207.3 Elevators. Where an accessible means of escape from any passenger deck travels vertically four or more decks, at least one accessible means of escape from each passenger deck shall contain an elevator complying with V206.6 and V410.3.
EXCEPTIONS:
1. Where vessels are protected by an automatic sprinkler system complying with NFPA 13 (incorporated by reference, see V105.2.4) or an international convention that applies to passenger vessels that the United States is a party to, the elevator is not required to connect decks that: (1) are located above the highest deck containing evacuation stations, and (2) have at least two main vertical zones complying with requirements established by the administrative authority.
2. Where vessels are protected by an automatic sprinkler system complying with NFPA 13 (incorporated by reference, see V105.2.4) or an international convention that applies to passenger vessels that the United States is a party to, the elevator shall not be required to those decks connected by a ramp complying with V405.
3. Where vertical access is not required by an exception under V206.2.1, an elevator shall not be required.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association supports the requirement for an elevator as a means of escape from any accessible deck that travels vertically four or more decks. We also support the requirement that elevators in newly constructed vessels comply with V410.3
Regardless of whether a person’s safety is at immediate risk, the likelihood is that persons with disabilities will have to eventually be evacuated from the vessels. Requiring an elevator as a means of escape from any accessible deck that travels vertically four or more decks will minimize the need to evacuate persons with mobility impairment by use of exit stairs. In order for elevators to be used as an accessible means of escape during emergency situations, they must be provided with emergency power and be accessed from either an area of temporary refuge or an area of refuge.
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V213 Toilet Facilities and Bathing Facilities
V213.2 Toilet Rooms and Bathing Rooms. Where toilet rooms are provided, each toilet room shall comply with V603. Where bathing rooms are provided, each bathing room shall comply with V603.
EXCEPTIONS:
1. In alterations, where it is technically infeasible to comply with V603, the existing toilet rooms or bathing rooms shall comply to the maximum extent feasible in accordance with V202.3 exception 2, or provide a single unisex toilet room or bathing room complying with V213.2.1 that is located in the same area and on the same deck as existing inaccessible toilet or bathing rooms.
2. Where exceptions for alterations to qualified historic passenger vessels are permitted by V202.5, no fewer than one toilet room for each sex complying with V603 or one unisex toilet room complying with V213.2.1 shall be provided.
3. Where multiple single user portable toilet or bathing units are clustered at a single location, no more than 5 percent of the toilet units and bathing units at each cluster shall be required to comply with V603. Portable toilet units and bathing units complying with V603 shall be identified by the International Symbol of Accessibility complying with V703.7.2.1.
4. Where multiple single user toilet rooms are clustered at a single location, no more than 50 percent of the single user toilet rooms for each use at each cluster shall be required to comply with V603.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association requests that V213.2, Exception 1 be changed to:
“In alterations, where it is technically infeasible to comply with V603, a single unisex toilet room or bathing room complying with V213.2.1 is permitted. The single unisex toilet room or bathing room shall be located in the same area and on the same deck as existing inaccessible toilet or bathing rooms.”
By permitting an existing toilet room or bathing room to comply with V603 to the maximum extent feasible, we are not guaranteeing that the toilet room or bathing room will be usable to people with disabilities. If the existing toilet room or bathing room cannot comply with V603, a single unisex toilet room complying with V213.2.1 should be provided.
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V221 Assembly Areas and Public Seating Areas
V221.2 Wheelchair Spaces. Wheelchair spaces complying with V221.2 shall be provided in assembly areas and public seating areas with fixed seating.
V221.2.1 Number. The number of
wheelchair spaces shall be provided in
accordance with V221.2.1.
V221.2.1.1 Assembly Areas. Wheelchair
spaces shall be provided in each assembly
area in accordance with Table V221.2.1.1.
V221.2.1.2 Public Seating Areas. The number of wheelchair spaces for public seating areas shall be calculated according to the total number of fixed seats provided in public seating areas of the passenger vessel in accordance with Table V221.2.1.1.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association supports the number of Wheelchair Spaces established by the federal advisory committee and used by the International Building Code. This will lead to not only more spaces for United Spinal Association members but greater dispersion of wheelchair spaces in assembly areas.
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V221.2.4 Dispersion in Public Seating Areas. Wheelchair spaces in public seating areas shall be dispersed throughout the public seating areas that are located on levels of the passenger vessel that are on the decks complying with V201.4. When the number of wheelchair spaces required by V221.2.1 has been met, further dispersion shall not be required.
V221.3 Companion Seats. At least one companion seat complying with V802.3 shall be provided for each wheelchair space required by V221.2.1.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association supports the requirement that each wheelchair space be provided with an adjacent companion seat that is positioned for shoulder-to-shoulder alignment in public seating areas, while ensuring the wheelchair spaces are an integral part of the seating plan and dispersed throughout the public seating areas of the vessel.
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V402 Accessible Routes
UNITED SPINAL ASSOCIATION COMMENTS
This title should include “and Accessible Means of Escape.”
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V405 Ramps
V405.5 Clear Width. The clear width of a ramp run and, where handrails are provided, the clear width between handrails shall be 36 inches minimum.
EXCEPTION: Where the largest deck of a passenger vessel is less than 3,000 square feet in size, the width of ramp runs and the distance between handrails, if provided, shall be permitted to have clear widths of 32 inches minimum.
UNITED SPINAL ASSOCIATION COMMENTS
While United Spinal Association does not typically support any reductions in the required clear width of a ram, we understand that there will be instances when the minimum clear width between handrails on a ramp in a small passenger vessel can not be strictly met. In these instances, we would advocate that the reduction from 36 inches to 32 inches be permitted for a length of only 24 inches (i.e., Table 403.5 ICC A117.1 and 403.5.1Revised ADA/ABA Accessibility Guidelines).
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V405.7.3 Length. The landing clear length shall be 60 inches (1525 mm) long minimum.
EXCEPTIONS:
1. Where the largest deck is less than 3000 square feet (279m2), the landing clear length shall be permitted to be 48 inches (1220 mm) long minimum.
2. At the end of ramps connected to platforms of manually powered boarding lifts complying with V414, landings shall be permitted to be 48 inches (1220 mm) long minimum.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association does not support a reduction in the required clear length of a ramp landing. We suggest eliminating V405.7.3, Exception 1 and only permitting a reduction in a landing’s clear length when the end of the ramp is connected to platforms of manually powered boarding lifts complying with V414.
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V603 Toilet and Bathing Rooms
V603.2.3 Door Swing. Doors shall not swing into the clear deck space or clearance required for any fixture. Doors shall be permitted to swing into the required turning space.
EXCEPTION: Where the toilet room or Bathing room is for individual use and a clear deck space complying with V305.3 is provided within the room, beyond the arc of the door swing, doors shall be permitted to swing into the clear deck space or clearance required for any fixture.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association requests that the EXCEPTION is changed to the following:
“Where the toilet room or bathing room is for individual use and a clear deck space complying with V305.3 is provided within the room, beyond the arc of the door swing, doors shall be permitted to swing into the clear deck space or clearance required for any fixture, provided the swing of the door can be reversed to meet V603.2.2.”
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V605 Urinals
V605.2 Height and Depth. Urinals shall be the stall-type or the wall-hung type with the rim 17 inches maximum above the finish deck surface. Urinals shall be 13 ½ inches deep minimum measured from the outer face of the urinal rim to the back of the fixture.
UNITED SPINAL ASSOCIATION COMMENTS
The 13 ½ inch elongation was discussed by United Spinal Association during the ADAAG federal advisory committee discussions and was based on the dimensions of one Kohler product we found that met the 1 gallon/flush requirement. This dimension should not be institutionalized based on one particular urinal.
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V607 Bathtubs
V607.6 Shower Spray Unit and Water. A shower spray unit with a hose 59 inches long minimum that can be used both as fixed-position shower head and as a hand-held shower shall be provided. The shower spray unit shall have an on/off control with a non-positive shut-off. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. Bathtub shower spray units shall deliver water that is 120° F maximum.
UNITED SPINAL ASSOCIATION COMMENTS
This should specify the on/off control be located on the hand-held portion of the unit. Otherwise, the valve on the shower wall meets this requirement.
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V608 Shower Compartments and Rinsing Showers
V608.6 Shower Spray Unit and Water. A shower spray unit with a hose 59 inches long minimum that can be used both as fixed-position shower head and as a hand-held shower shall be provided. The shower spray unit shall have an on/off control with a non-positive shut-off. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. Bathtub shower spray units shall deliver water that is 120° F maximum.
UNITED SPINAL ASSOCIATION COMMENTS
This should specify the on/off control be located on the hand-held portion of the unit. Otherwise, the valve on the shower wall meets this requirement.
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V703 Signs
V703.7.2 Symbols.
UNITED SPINAL ASSOCIATION COMMENTS
The International Symbol of TYY should be included in this section, in addition to the International Symbol of Accessibility, the International Symbol of Access for Hearing Loss and the pictogram used for volume control telephones.
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V804 Kitchens and Kitchenettes
V804.4 Sinks. Sinks shall comply with V606.
UNITED SPINAL ASSOCIATION COMMENTS
The counter surrounding the sink should be accessible as well.
CONCLUSION
United Spinal Association’s past participation in the ADAAG Review Federal Advisory Committee, as well as the individual involvement of our staff on the Access Board and the A117 Accredited Standard Committee, attest to our support of what has been referred to as the “harmonization” of our nation’s federal and private sector accessibility requirements. United Spinal Association continues to support The Access Board, its individual members, and its staff as they work to expand the ADA Accessibility Guidelines to cover passenger vessels. These draft guidelines effectively provide a better understanding of what accessibility requirements would apply to passenger vessels, which are currently required to be accessible under the ADA. Once enforceable, these guidelines will help to secure the rights of our members to a barrier-free environment, beyond landside sites, as well as provide immeasurable benefits to persons with disabilities across the United States.