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Notice

The Public Right-of-Way Accessibility Guidelines (PROWAG) rulemaking has concluded. The PROWAG final rule has been published in the Federal Register. Please visit the Access Board’s PROWAG page for the guidelines.

Passenger Vessels Access Advisory Committee

Chapter 11 Alterations

*Standards and sections from the ADAAG Review Report referenced in this report that have not been reviewed or approved by the committee.

Note: This chapter only applies to passenger vessels subject to subchapters K or H, except where sections are referenced by chapter 12 which addresses subchapters C and T vessels.

Note: Although the report focuses on alterations to existing passenger vessels, some applicable vessel new construction provisions have been included to help the reader understand the context of particular alteration provisions.

106 Definitions

**Admeasure. **The process by which an authority determines the regulatory tonnage of a vessel.

**Alteration. **A change to a passenger vessel that affects or could affect the usability of the passenger vessel 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 bulkheads and partitions. Normal maintenance, repair or redecoration (such as painting or wall papering), or changes to propulsion, mechanical and electrical systems are not alterations unless they affect the usability of the passenger vessel.

**Structural Members. **The components of the vessel that give it its inherent strength, integrity, and resistance to damage. Examples include, but are not limited to, the keel, keelson, stem and stern posts, frames, longitudinals, structural decks, structural and fire protection bulkheads, gussets, floors, stanchions, columns, girders, beams, knees, trusses and hull plating and planking.

Comment: This definition focuses on terms with well-defined meanings in the ship design and building industry.

Technically Infeasible. With respect to an alteration of a passenger vessel, something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a structural member; or because other existing physical or vessel 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.

SCOPING

201 Application

**201.1 Scope. **All areas of newly designed or newly constructed passenger vessels and altered portions of existing passenger vessels shall comply with the applicable provisions of this report.

**201.2 **Not Used.

Comment: Section was removed because it was confusing.

201.3 Not Used.

Comment: Section was removed because temporary structures are not provided on passenger vessels.

202 Application to Existing Passenger Vessels

**202.1 General. **Additions and alterations to existing passenger vessels, including qualified historic passenger vessels, shall comply with the applicable provisions of this report except as modified by 202.

**202.2 Additions. **Each addition to an existing passenger vessel shall comply with the requirements for new construction. Each addition that affects or could affect the usability of an area containing a primary function shall comply with 202.4.

202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable provisions of this report.

EXCEPTION1. Altered elements or spaces are not required to be located on an accessible route, unless required by 202.4.

EXCEPTION2. In alterations, where compliance with applicable provisions is technically infeasible, the alteration shall provide accessibility to the maximum extent feasible. Any elements or spaces of the passenger vessel that are being altered and can be made accessible shall be made accessible within the scope of the alteration.

EXCEPTION3. In alterations, where compliance with applicable provisions, as determined by the U.S. Coast Guard, would result in:

a. a readmeasured tonnage that changes the regulatory classification;

b. changes in the stability of the vessel not meeting the applicable regulatory standards;

c. modifications that reduce the integrity (e.g., strength, and fire resistance) of a Class A or B bulkhead or deck; or

d. an increase in power load in excess of the existing power supply,

the alterations shall provide accessibility to the maximum extent feasible. Any elements or spaces of the passenger vessel that are being altered and can be made accessible shall be made accessible within the scope of the alteration.

**202.3.1 Prohibited Reduction in Access. **An alteration that decreases or has the effect of decreasing the accessibility of a passenger vessel below the requirements for new construction at the time of alteration is prohibited.

202.3.2 Extent of Application. An alteration of an existing element, space, or area of a passenger vessel shall not impose a requirement for greater accessibility than that which would be required for new construction.

202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of 202.3, 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.

EXCEPTION 1. This requirement does not apply where 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 the applicable provisions of this report.

EXCEPTION2. Any elements or spaces required by this provision to be altered shall be made accessible, in accordance with this provision, unless technically infeasible. The alterations shall provide accessibility to the maximum extent feasible.

EXCEPTION3. This requirement does not apply where the alteration would result in:

a. a readmeasured tonnage that changes the regulatory classification;

b. changes in the stability of the vessel not meeting the applicable regulatory standards;

c. modifications that reduce the integrity (e.g., strength, and fire resistance) of a Class A or B bulkhead or deck; or

d. an increase in power load in excess of the existing power supply,

as determined by the U.S. Coast Guard. The alterations shall provide accessibility to the maximum extent feasible.

Advisory - Where section 202.4 applies, accessibility improvements required by this provision shall be made up to the point that something is technically infeasible as stated by exception 2 or at least one of the four constraints listed in exception 3 is triggered. For example, an alteration is made to a primary function area. This alteration is large enough (using DOJ criteria found in 28 CFR 36.403) to trigger accessibility improvements to the path of travel and to the toilet rooms which serve the altered primary function area. However, if exception 3 limits the improvements required on the path of travel, only that portion of the path unaffected by exception 3 and the toilet rooms would have to be made accessible. Because the entire path of travel was not made accessible, it is probable that funds are available to make accessibility improvements on other items listed in DOJ’s priority list, until the available funds are used up. It should be noted that although DOJ’s current criteria were used in this example, neither DOJ nor DOT have not made any decision on what criteria shall apply to passenger vessels.

**202.5 Major Conversions. **Coast Guard classified major conversions only require accessibility improvements to the degree required by the alteration provisions of this report.

Advisory - The Coast Guard should reevaluate its method of admeasuring vessels, particularly with regard to tonnage openings, when a passenger vessel is trying to provide access for passengers with disabilities. Specifically, the committee is concerned that improved accessibility may be denied due to a change in applicability of subchapters T, K, or H based on increase in tonnage solely due to the loss of a tonnage opening.

Comment: This is to ensure that the Coast Guard definition of major conversion does not trigger more onerous accessibility requirements than those that this committee recommends.

**202.6 Alterations to Qualified Historic Passenger Vessels. **Alterations to a qualified historic passenger vessel shall comply with 202.3 and 202.4.

EXCEPTION 1. Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with the requirements for accessible routes, or toilet facilities would threaten or destroy the historic significance of the passenger vessel, the exceptions for alterations to qualified historic passenger vessels for that element shall be permitted to apply.

EXCEPTION2. Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with applicable provisions would threaten or destroy the historic significance of the passenger vessel, the alterations shall provide accessibility to the maximum extent feasible.

206 Onboard Accessible Routes

206.2.3 Multi-Level Passenger Vessels. At least one accessible route shall connect each level required to be accessible, including mezzanines, onboard multi-deck passenger vessels.

EXCEPTION 1. An accessible route is not required to levels located above or below the accessible level in passenger vessels that are less than three decks or that have less than 3,000 square feet (280 m2) per deck.

Note 1: The DOT may revisit the application of the elevator exception to the vessels based on comments received in response to future rulemaking.

Note 2: The elevator exception does not apply to State and local governments. (See 28 CFR 35.151(c))

Note 3: This is the minimum baseline. The DOJ, DOT, or the Access Board (or PVAAC) may expand the exception or develop additional exceptions.

EXCEPTION 2. An accessible route is not required between decks on a high speed ferry with only two passenger decks where all types of passenger facilities are available on the accessible deck.

EXCEPTION3. An accessible route is not required to a deck which is less than 300 square feet (28 m2) in size.

EXCEPTION4. In alterations to qualified historic passenger vessels where alternative requirements are permitted by 202.6, an accessible route from an accessible entry and departure point to all publicly used spaces on at least the level of the accessible entry and departure point shall be provided.

206.2.3.1 Stairs and Escalators in Existing Passenger Vessels. In alterations and additions, where an escalator or stair is provided where none existed previously and major structural modifications are necessary for such installation, an accessible route shall be provided between the levels served by the escalator or stair, unless exempted by 206.2.3.

Example: An existing three deck passenger vessel (which has at least one deck greater than 3,000 square feet) does not have a means of vertical access between all three decks. If a set of new stairs was installed between the first and second deck, and major structural modifications were necessary for the stair installation, then a means of vertical access must be provided between the two decks. If the installation of the new stairs did not require major structural modifications or if the vessel was exempted by 206.2.3 from requiring vertical access, this section would not apply.

**206.2.5 Dining Areas. **An accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor seating areas.

EXCEPTION 1. In passenger vessels without elevators, an accessible route to a mezzanine dining area is not required, provided that the mezzanine contains less than 25 percent of the total area for seating and dining and the same services are provided in the accessible area.

EXCEPTION2. 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 not restricted to use by people with disabilities.

**206.6 Elevators. **New passenger elevators shall comply with 407.2 or 407.3. Where multiple elevators are provided, each passenger elevator shall comply with 407.2 or 407.3.

EXCEPTION 1. Where an elevator is provided in a passenger vessel eligible for the exceptions to 206.2.3, the elevator shall comply with 407.2, 407.3 or 407.4.

EXCEPTION2. Where each deck of a ferry is less than 3,000 square feet (280 m2), elevators are permitted to comply with 407.4.

EXCEPTION3. Where a passenger vessel is less than 5,000 ITC, elevators are permitted to comply with 407.4.

EXCEPTION4. Where a passenger vessel is less than 10,000 ITC and multiple elevators are provided, only one elevator is required to comply with 407.2 or 407.3 and all other elevators are permitted to comply with 407.4.

206.6.1 Existing Elevators. Altered elements of existing elevators shall comply with 407.5. Such elements shall also be altered in all elevators that are programmed to respond to the same hall call control as the altered elevator and shall comply with the requirements of 407.5.

Example: A passenger vessel has four existing elevators located in a bank. If the car controls in one elevator were altered, under this section, the elevator car controls in the three other elevators must be altered. However, if an alteration is performed on one elevator, alterations would not be required to any other elevator where at least one of the exceptions in 202.3 applies.

**206.7 Wheelchair (Platform) Lifts. **Wheelchair (platform) lifts shall be permitted as a component of an accessible route in new construction as permitted by 206.7.1 through 206.7.4, and shall comply with 408. Wheelchair (platform) lifts provided as a component of an accessible route in an existing passenger vessel shall comply with 408.

207 Accessible Means of Escape

**207.1 General. **Accessible means of escape shall be provided in accordance with 207.

EXCEPTION: Accessible means of escape are not required in alterations to existing passenger vessels.

**207.2 Number Required. **All spaces required to be accessible shall be provided with not less than one accessible means of escape complying with Coast Guard requirements. Where more than one means of escape is required by the Coast Guard from any accessible space, each accessible space shall be served by not less than two accessible means of escape. Each required accessible means of escape shall comply with 409 and shall be a continuous and unobstructed way of exit travel to an area of refuge complying with Coast Guard requirements, then, if applicable, to mustering and lifeboat embarkation locations, or alternatively to the point of disembarking the vessel.

**EXCEPTION: **Where a required means of escape is permitted by the Coast Guard to include a ladder, go through a window, or go through a deck scuttle, the corresponding accessible means of escape is not required

213 Toilet and Bathing Facilities

**213.2 Toilet and Bathing Rooms. **Where toilet rooms are provided, each toilet room shall comply with 603. Where bathing rooms are provided, each bathing room shall comply with 603.

EXCEPTION 1. In alterations where it is technically infeasible to comply with 603, or at least one of the four conditions in 202.3 exception 3 applies, altering existing toilet or bathing rooms is not required where a single unisex toilet room or bathing room complying with 213.2.1 is provided and located in the same area and on the same deck as existing inaccessible toilet or bathing rooms.

EXCEPTION2. Where alternative requirements are permitted by 202.6 in alterations to qualified historic passenger vessels and toilet rooms are provided, not less than one toilet room complying with 603 or a unisex room complying with 213.2.1 shall be provided.

EXCEPTION3. Where multiple single user portable toilet or bathing units are clustered at a single location, at least 5 percent, but not less than one toilet unit or bathing unit at each cluster shall comply with 603. Accessible units shall be identified by the International Symbol of Accessibility complying with 703.7*.

EXCEPTION4. Where multiple single user toilet rooms are clustered at a single location and contain fixtures in excess of the minimum required number of plumbing fixtures, at least 5 percent, but not less than one room for each use at each cluster shall comply with 603. Accessible rooms shall be identified by the International Symbol of Accessibility complying with 703.7*.

**213.2.1 Unisex Toilet and Bathing Rooms. **A unisex toilet room shall comply with 603, shall contain one water closet and one lavatory, and the door shall have a privacy latch. A unisex bathing room shall comply with 603 and shall contain at least one shower or bathtub.

*213.2.2 Signs. **Where existing toilet or bathing rooms are altered and not made accessible, directional signs indicating the location of the nearest accessible toilet or bathing room within the vessel shall be provided. Such signs shall comply with 703.4and shall include the International Symbol of Accessibility complying with 703.7. Where existing toilet or bathing rooms are altered and not made accessible, the accessible toilet or bathing room shall be identified by the International Symbol of Accessibility complying with 703.7.

215 Emergency Alarm Systems

**215.1 Emergency Alarms. **Where emergency alarm systems are provided in public-use or common-use areas to alert occupants, the alarm shall provide both audible and visual signals complying with 702. Staterooms required by 224 to have accessible alarms shall comply with 702.3.6.

**EXCEPTION: **Visual alarms complying with 702 are not required in alterations, except where an existing emergency alarm system is upgraded or replaced, or a new emergency alarm system is installed.

224 Passenger Staterooms

**224.1 General. **Passenger vessels shall provide passenger staterooms in accordance with 224.

**224.1.1 Alterations. **Where staterooms are altered or added, the requirements of 224 shall apply only to the staterooms being altered or added.

**EXCEPTION: **The requirement for making altered staterooms accessible may be met by altering staterooms in other locations in the vessel if equivalent or greater access is provided. Staterooms that are substituted in lieu of the altered staterooms must comply with dispersion requirements of 224.5.

TECHNICAL

404 Doors and Doorways

**404.2.3 Clear Width. **Doorways shall have a clear opening of 32 inches (815 mm) minimum. Clear openings of doorways with swinging doors shall be measured between the face of the door and the stop, with the door open 90 degrees. Openings more than 24 inches (610 mm) in depth shall provide a clear opening of 36 inches (915 mm) minimum. There shall be no projections into the required clear opening width lower than 34 inches (865 mm) above the finished deck surface. Projections into the clear opening width between 34 inches (865 mm) and 80 inches (2030 mm) above the finished deck surface shall not exceed 4 inches (100 mm).

**EXCEPTION: **In alterations where it is technically infeasible to comply with clear opening width requirements, a projection of 5/8 inch (16 mm) maximum into the required clear width shall be permitted for the latch side stop.

404.2.4 Maneuvering Clearances.

**EXCEPTION: **In alterations, maneuvering clearances are not required on the outboard side of accessible doors at accessible entry and departure points.

**404.2.4.1 Swinging Doors. **Approaches to swinging doors shall have maneuvering clearances complying with Table 404.2.4.1.

**404.2.4.2 Doorways without Doors, Sliding Doors and Folding Doors. **Approaches to doorways without doors which are less than 36 inches (915 mm) wide and approaches to sliding and folding doors shall have maneuvering clearances complying with Table 404.2.4.2.

404.2.5 Thresholds. Thresholds if provided at doorways shall be ½ inch (13 mm) maximum in height. Raised thresholds and changes in level at doorways shall comply with 302 and 303.

**EXCEPTION: **This requirement shall not apply to existing or altered thresholds 3/4 inch (19 mm) high maximum that have a beveled edge on each side.

407 Elevators

**407.1 General. **New elevators required to be accessible shall comply with 407.2. New destination-oriented elevators required to be accessible shall comply with 407.3. New limited use/limited application elevators required to be accessible shall comply with 407.4. Altered elements of existing elevators shall comply with 407.5.

**407.4.6 Inside Dimensions of Elevator Cars. **Elevator cars shall provide a clear width of 42 inches (1065 mm) minimum and a clear depth of 54 inches (1370 mm) minimum. Car doors shall be positioned at the narrow end of the car and shall provide a clear width of 32 inches (815 mm) minimum. For installations in existing passenger vessels, elevator cars shall provide a clear width of 36 inches (915 mm) minimum, a clear depth of 54 inches (1370 mm) minimum, and a net clear platform area of 15 square feet (1.4 m2) minimum. Car doors shall be positioned at the narrow end of the car and shall provide a clear width of 32 inches (815 mm) minimum.

EXCEPTION 1. Ferries less than 1,000 ITC are permitted to have elevators with a width of 36 inches (915 mm) minimum.

EXCEPTION2. Passenger vessels less than 1,000 ITC are permitted to have elevators with a width of 36 inches (915 mm) minimum provided they have straight through travel.

*407.5 Existing Elevators. **Altered elements of existing destination-oriented elevators shall comply with 407.3. Altered elements of existing limited-use/limited-application elevators shall comply with 407.4. Altered elements of all other existing elevators shall comply with 407.2.1, 407.2.4, 407.2.6, 407.2.7, 407.2.9, 407.2.10 and 407.2.13 and with 407.5.1 through 407.5.7 or shall comply with 407.2. They shall be passenger elevators as classified by ASME/ANSI A17.1.

**407.5.1 Call Buttons. **Call buttons in elevator lobbies and halls shall be located vertically between 35 inches (890 mm) and 54 inches (1370 mm) above the finished deck surface, measured to the centerline of the button. A clear deck space complying with 305 shall be provided. The button that designates the up direction shall be located above the button that designates the down direction. Keypad controls, if provided, shall comply with 407.2.11.

**407.5.2 Hall Signals. **A visible and audible signal at each hoistway entrance to indicate which car is answering a call or in-car signals complying with 407.2.3 shall be provided. Audible signals shall sound once for the up direction and twice for the down direction, or shall have verbal annunciators that state which direction the car is traveling. If new hall signals are installed, they shall comply with 407.2.3.

407.5.3 Door Operation. Power operated horizontally sliding car and hoistway doors opened and closed by automatic means shall comply with 407.2.5. Existing manually operated hoistway swing doors shall comply with 404.2.3 and 404.2.9. A power operated car door that opens and maintains a 32 inch (815 mm) minimum clear width shall be provided. Closing of the car door shall not be initiated until the hoistway door is closed. Car gates are prohibited.

**407.5.4 Inside Dimensions of Elevator Cars. **The inside dimensions of elevator cars shall comply with 407.2.8.

**EXCEPTION: **This requirement shall not apply to existing elevator car configurations that provide a clear deck area of 16 square feet (1.5 m2) minimum, and provide 48 inches (1220 mm) minimum inside clear depth and 36 inches (915 mm) minimum clear width.

**407.5.5 Car Controls. **Elevator controls shall comply with 407.5.5.1 through 407.5.5.4.

**407.5.5.1 Buttons. **Control buttons shall be 3/4 inch (19 mm) minimum in their smallest dimension. Control buttons shall be raised, flush or recessed. Where the car operating panel is changed, control buttons shall comply with 407.2.11.1.

**407.5.5.2 Designations and Indicators for Control Buttons. **Control buttons shall comply with 407.2.11.2.

**EXCEPTION: **Where space on an existing car operating panel precludes tactile markings to the left of the controls, markings shall be placed above controls or as near to the controls, as possible.

**407.5.5.3 Height. **Deck buttons shall be located 54 inches (1370 mm) maximum above the finished deck surface for parallel approach and 48 inches (1220 mm) maximum for front approach. Where the panel is changed, it shall comply with 407.2.11.3.

**407.5.5.4 Operating Panels. **Where a new car operating panel complying with 407.2.11 is provided, existing car operating panels not conforming to 407.2.11 shall not be required to be removed.

407.5.6 Car Position Indicators. Where a new car position indicator is provided, the indicator shall comply with 407.2.12.

*407.5.7 Identification. **Accessible elevators shall be clearly identified with the International Symbol of Accessibility complying with 703.7 unless all elevators in the passenger vessel are accessible.

505 Handrails

**505.10 Handrail Extensions. **Handrails shall extend beyond stair runs and ramp runs in accordance with 505.10.1 through 505.10.3.

EXCEPTION 1. Extensions are not required for continuous handrails at the inside turn of switchback or dogleg stairs and ramps.

EXCEPTION 2. Extensions are not required for handrails in aisles serving seating where the handrails are necessarily discontinuous to provide access to seating and to permit crossovers within the aisle.

EXCEPTION3. In alterations, full extension of handrails shall not be required where such extensions would be hazardous or impossible due to plan configuration.

**505.10.1 Top and Bottom Extension at Ramps. **Ramp handrails shall extend horizontally above the landing for 12 inches (305 mm) minimum beyond the top and bottom of ramp runs. Such extensions shall return to a wall, guard or the walking surface or shall be continuous to the handrail of an adjacent ramp run.

**505.10.2 Top Extension at Stairs. **At the top of a stair flight, handrails shall extend horizontally above the landing for 12 inches (305 mm) minimum beginning directly above the first riser nosing. Such extensions shall return to a wall, guard or the walking surface or shall be continuous to the handrail of an adjacent stair flight.

**505.10.3 Bottom Extension at Stairs. **At the bottom of a stair flight, handrails shall extend at the slope of the stair flight for a horizontal distance equal to one tread depth beyond the last riser nosing and an additional 12 inches (305 mm) minimum horizontally at a height equal to that of the sloping portion of the handrail as measured above the stair nosings. Such extensions shall return to a wall, guard or the walking surface or shall be continuous to the handrail of an adjacent stair flight.