AGENCY:
Architectural and Transportation Barriers Compliance Board.
ACTION:
Final Rule.
SUMMARY:
The Architectural and Transportation Barriers Compliance Board (Access Board)
is issuing final guidelines to provide additional guidance to the Department
of Justice and the Department of Transportation in establishing alternate specifications
for building elements designed for use by children. These specifications are
based on children's dimensions and anthropometrics and apply to building elements
designed specifically for use by children ages 12 and younger. This rule ensures
that newly constructed and altered facilities covered by titles II and III of
the Americans with Disabilities Act of 1990 are readily accessible to and usable
by children with disabilities. The standards established by the Department of
Justice and the Department of Transportation must be consistent with these guidelines.
DATES:
Effective date: April 13, 1998.
FOR FURTHER INFORMATION CONTACT: Dave Yanchulis, Office of Technical and Information Services, Architectural and Transportation Barriers Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-1111. Telephone number (202) 272-5434 extension 27 (voice) or (800) 872-2253 ext. 27 (voice); (202) 272-5449 (TTY) or (800) 993-2822 (TTY).
2 General.
2.1 Provisions for Adults and Children.
4 Accessible Elements and Spaces: Scope and Technical Requirements.
4.2 Space Allowances and Reach Ranges
4.15 Drinking Fountains and Water Coolers.
4.32 Fixed or Built-in Seating and Tables.
Clear Floor Space and Accessible Routes
Regulatory Flexibility Act Analysis
Enhancing the Intergovernmental Partnership
List of Subjects in 36 CFR Part 1191
4 ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL REQUIREMENTS
4.15 Drinking Fountains and Water Coolers.
4.32 Fixed or Built-in Seating and Tables.
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by calling the Access Board's automated publications order line (202) 272-5434 or (800) 872-2253, by pressing 1 on the telephone keypad, then 1 again and requesting publication S-30, Building Elements Designed for Children's Use Final Rule. Persons using a TTY should call (202) 272-5449 or (800) 993-2822. Please record a name, address, telephone number and request this publication. Persons who want a copy in an alternate format should specify the type of format (audio cassette tape, Braille, large print, or computer disk).
The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 et seq.) is a comprehensive civil rights law which prohibits discrimination on the basis of disability. Titles II and III of the ADA require, among other things, that newly constructed and altered State and local government buildings, places of public accommodation, and commercial facilities be readily accessible to and usable by individuals with disabilities. The Access Board is responsible for developing accessibility guidelines for the construction and alteration of such facilities so that they are accessible as required by the ADA. The Access Board initially issued the Americans with Disabilities Act Accessibility Guidelines (ADAAG) in 1991 (36 CFR part 1191, appendix A).
Under the ADA the Department of Justice is responsible for issuing regulations to implement titles II and III of the Act. The regulations issued by the Department of Justice include accessibility standards for newly constructed and altered facilities covered by titles II and III of the ADA. These standards must be consistent with the accessibility guidelines issued by the Access Board. The Department of Justice has adopted ADAAG as its Standards for Accessible Design, published as appendix A to 28 CFR part 36 and intends to amend those standards by adding the alternate specifications adopted by the Access Board for building elements designed for use by children. Until such time as the Department of Justice adopts these guidelines as standards, the guidelines are advisory only and are not to be construed as requirements.
In 1986 the Access Board issued "Recommendations for Accessibility Guidelines to Serve Physically Handicapped Children in Elementary Schools." The report included recommended modifications or additions based on children's sizes to certain sections of an earlier accessibility rule, the Uniform Federal Accessibility Standards (UFAS). The recommendations were developed to assist states in designing and constructing accessible elementary schools. Many states and localities have applied these recommendations to newly constructed schools serving grades one through six.
ADAAG as published in 1991 did not provide requirements based on children's dimensions. ADAAG includes a provision, 2.2 (Equivalent Facilitation), which permits departures from ADAAG requirements that provide equal or greater access. While this provision may serve as the basis for departures from ADAAG in designing for access according to children's dimensions, designers and others have sought specific guidance and technical criteria in this area.
In 1992, new recommendations were developed through a research project sponsored by the Access Board. The project studied accessibility requirements for children with disabilities at a variety of facilities. The Center for Accessible Housing (CAH) at North Carolina State University in Raleigh, North Carolina conducted this study, which included a review of codes, standards, and guidelines, ergonomic studies and evaluation literature, and post-occupancy evaluations of children's facilities. This study focused on facilities serving pre-kindergarten and elementary school-aged children and, to a lesser extent, facilities serving infants and toddlers. The recommended guidelines developed from this study are known as "Recommendations for Accessibility Standards for Children's Environments," (referred to as the "CAH study" in the preamble to this rule).1
On February 3, 1993, the Access Board published an advance notice of proposed rulemaking (ANPRM) in the Federal Register (58 FR 6924). The ANPRM sought comment on general issues, such as the recommended scope of these guidelines and the ages or grades that should be covered. The ANPRM also requested information on standards or guidelines for children's environments currently in use, building products and technologies currently available that specifically serve children, and elements and features unique to children's environments that may merit specific attention. Approximately 75 comments were received in response to the ANPRM. Commenters included state and local departments of education, groups representing children with disabilities, plumbing fixture manufacturers, individuals, and design professionals. These comments were analyzed and used in the development of proposed guidelines.
On July 22, 1996, the Access Board issued jointly with the Department of Justice a notice of proposed rulemaking (NPRM) for children's facilities in the Federal Register (61 FR 37964). This rule proposed adding a special occupancy section to ADAAG entitled "15. Children's Facilities." The proposed rule modified ADAAG requirements for application to facilities or portions of facilities constructed primarily for use by children ages 2 through 12. Section 15 applied ADAAG 4.1 through 4.35 but modified various requirements. Requirements addressed reach ranges (15.2), protruding objects (15.3), handrails at ramps and stairs (15.4), drinking fountains and water coolers (15.5), water closets (15.6), toilet stalls (15.7), lavatories and mirrors (15.8), storage (15.9), and fixed or built-in seating and tables (15.10). The proposed rule asked questions about these elements and other design considerations concerning clear floor space, knee clearance, accessible routes, door hardware, urinals, sinks, and signage. The proposed rule did not address play settings or fixed play equipment which will be addressed in a separate rulemaking on recreational facilities. The Access Board and the Department of Justice distributed the proposed rule to state departments of education and education associations, the state building code authorities, and other responsible agencies of the 50 states to seek their input and comment.
Over 80 comments were received in response to the proposed rule. The following three groups each represented approximately a quarter of the commenters: parents of children with disabilities, most addressing the needs of children with dwarfism; accessibility consultants and designers, including several that specialize in the design of children's environments; and government entities, such as state departments of education and commissions on disability, local school districts, and several Federal agencies. The remainder of the comments were from local and national disability groups, manufacturers, various trade associations, a code organization, companies that provide child care services, and others. A summary of comments received may be found in the following General Issues section, the Section-by-Section Analysis, and the Other Issues section.
This section of the rule addresses issues pertaining to the application of the final rule. Individual provisions addressed in this rule are discussed in detail under the Section-by-Section Analysis below.
The final rule provides alternate specifications based on children's dimensions as exceptions to specifications based on adult dimensions. As exceptions, these specifications are discretionary, not mandatory. This represents a change from the proposed rule, which provided mandatory requirements applicable to facilities or portions of facilities constructed according to children's dimensions. Also, the final rule focuses more clearly on elements used primarily by children than the proposed rule, which applied to "facilities or portions of facilities constructed according to children's dimensions."
Comment. Several commenters stated that it was not clear whether the proposed children's guidelines were mandatory requirements or permitted alternatives to ADAAG requirements based on adult dimensions. One commenter recommended that the children's guidelines be written as exceptions to ADAAG requirements.
Response. Generally, buildings codes and best practices specify that elements and facilities be provided at heights and locations appropriate for the primary user population served. Although children are rarely the sole occupant or user of facilities, codes and best practices often specify that elements such as drinking fountains, lavatories, and toilet seats be mounted at heights according to children's size where children are the primary users. The proposed rule was not intended to create a new obligation for covered entities to design or construct elements according to children's dimensions and anthropometrics. Instead, it applied mandatory specifications where building elements are designed or constructed according to children's dimensions and anthropometrics. In the final rule, the guidelines have been incorporated into ADAAG as exceptions to technical requirements so that these guidelines function as permitted departures from requirements based on adult dimensions where certain elements are designed for use primarily by children. The decision to use an exception is optional but will likely be determined where best practices or building codes call for design based on children's dimensions. Consequently, making the requirements of this rule discretionary should not affect the intended application of this rule as proposed. If an exception in this rule is used, then the technical specifications they contain or reference must be followed (although as with any ADAAG requirement, departures providing equal or greater access are permitted under the provision of equivalent facilitation at ADAAG 2.2).
Comment. A majority of commenters supported the approach taken in the proposed rule, including its organization as a special occupancy section. However, some considered the application and scope of section 15 too vague. The proposed rule's application to "facilities or portions of facilities" designed for children was an apparent source of confusion as some commenters noted that it was not clear which types of facilities were covered. Several commenters recommended that a variety of facilities be specifically addressed in the final rule, including museums, libraries, shopping malls, nurseries, day care centers, cafeterias, and others.
Response. For clarity, the final rule has been reorganized to focus more clearly on building elements designed for use by children instead of facilities or portions of facilities. The specifications of the proposed special occupancy section have been incorporated into ADAAG as exceptions to technical requirements based on adult dimensions instead of as a special occupancy section. These exceptions are usable regardless of whether the facility primarily serves children, such as a school, or equally serves adults, such as a museum, shopping mall, or restaurant. The basis for the exception is not the type of facility, but the provision of elements based on children's dimensions.
Comment. The proposed rule covered facilities or portions of facilities constructed according to children's dimensions and anthropometrics for ages 2 through 12. The dimensions of children aged 2 and older are reflected in many existing state and local education or building design guidelines and recommendations. With respect to schools or areas within schools serving children over 12 years old, most states apply design standards based on adult dimensions. A majority of comments did not support the proposed age range. While a few recommended broadening this range to cover children younger than 2 or older than 12, most favored reducing the range. These comments stated that children younger than 5, including those without disabilities, often need assistance or supervision in using elements such as water closets. Some recommended that children's guidelines apply where facilities or elements are designed for use by children over ages 4 or 5. A design firm that specializes in child care facilities recommended that access not be required to all toilet rooms serving children in child care facilities due to the space and cost impact. According to this commenter, toilet rooms in child care facilities are an "extension of the classroom" where, until age 5 or 6, children learn proper health habits.
Response. The final rule covers access for children ages 12 and younger. The age at which children independently use various building elements such as water closets varies. Also, adult assistance and supervision helps teach children how to use such elements by themselves. Thus accessibility, which includes features such as grab bars at water closets, is essential for children with disabilities to learn how to independently use water closets and other fixtures. For these reasons, coverage of children below age 5 has been retained in the final rule. However, a minimum age is not specified in the final rule since the decision to design a space or element according to children's sizes will typically drive the use of these alternate specifications. For example, if a toilet room is intended primarily for young children and is designed according to children's dimensions, then the alternate specifications will likely be used since the only alternatives would be ADAAG requirements based on adult dimensions or departures based on "equivalent facilitation" which provide equal or greater access. Toilet rooms not designed according to children's dimensions, including those that serve young children, do not have to comply with the alternate specifications. Exceptions of this rule for lavatories, sinks, and fixed seating and tables cover elements used primarily by children ages 5 and younger and address conflicts between current design practice and accessibility requirements. These are further discussed below in the Section-by-Section Analysis.
This section of the preamble summarizes each of the provisions of the final rule and the comments received in response to the proposed rule. Where the provision in the final rule differs from that of the proposed rule, an explanation of the modification is provided. Building elements addressed by the proposed rule but not included in the final rule are discussed in a following section labeled Other Issues.
The final rule contains alternate specifications based on children's dimensions as exceptions to ADAAG technical requirement for drinking fountains, water closets, toilet stalls, lavatories, sinks, and fixed or built-in seating and tables. This is indicated in a revision to a general statement in ADAAG 2.1 that previously recognized only adult dimensions and anthropometrics. As revised in the final rule, this provision notes that ADAAG provides alternate specifications based on children's dimensions and anthropometrics for these elements.
4.2.5 Forward Reach
4.2.6 Side Reach
The proposed rule specified maximum and minimum mounting heights for controls and operating mechanisms and storage elements designed for children's use. These heights were specified for three age ranges: 36 inches (high) and 20 inches (low) for ages 2 through 4, 40 inches (high) and 18 inches (low) for ages 5 through 8, and 44 inches (high) and 16 inches (low) for ages 9 through 12. Consistent with CAH recommendations, these ranges were the same for forward and side reaches. The proposed rule also addressed the height of storage elements and referenced the reach range requirements. The proposed reach ranges for children have been included in the final rule as advisory information in an appendix note to 4.2.5 (Forward Reach) and 4.2.6 (Side Reach). This information notes that these specifications are recommended for fixed building elements or controls designed for use primarily by children 12 and younger and that those designed for use by adults only need not be located within the recommended ranges. The reach ranges are consistent with the proposed rule except that the ages covered start at 3 years instead of 2 years. ADAAG 4.25 (Storage) and 4.27 (Controls and Operating Mechanisms) reference the reach range requirements in 4.2.5 and 4.2.6. Since the appendix information on children's's reach ranges is relevant to these sections as well, cross references to A4.2.5 & 4.2.6 (Reach) have been added to the appendix at A4.25 and A4.27.
Comment. The proposed rule asked whether the proposed reach ranges were appropriate for children ages 2 through 12 (Question 3) and also requested data on children's reaches over obstructions (Question 4). Specifications for obstructed reaches were not proposed due to insufficient information. Some commenters supported the proposed specifications while others opposed the approach as too complex and recommended that a single range be used for all ages covered. Parents of children with dwarfism recommended further study so that the needs of children of short stature are addressed. These commenters included the age and measured high reach of their child although how this reach was measured was not indicated. The average reach height by age group among these children was 33 inches for ages 2 through 4, 41 inches for ages 5 through 8, and 44 inches for ages 9 through 12. Some commenters advised that the rule should exempt elements intended for adult use only, such as fire extinguishers and alarms, electrical receptacles, phones and intercoms, and thermostats. A few comments noted that elements must be at least 54 inches from the floor to be considered out of children's reach (which is the maximum permitted by ADAAG for an adult side reach). Conversely, some comments recommended that certain elements such as telephones and elevator controls be covered by the children's rule. Few commenters provided information or anthropometric data on the appropriateness of the proposed specifications or on reaches over obstructions.
Response. The CAH study recommended a reach range of 20 inches (low) to 36 inches (high) for all children. However, the ergonomic data evaluated in this study did not conclusively justify limiting specifications for children older than 4 years to this range. Reach range specifications, including those for obstructed reaches, have not been included in the text of the rule due to a lack of sufficient data. The proposed specifications have been included in the final rule in the appendix as advisory (non-mandatory) information. This information will provide guidance where certain building elements, such as lockers, and controls are to be designed according to the dimensions of children ages 12 and younger.
The proposed rule required a second set of handrails at ramps and stairs that serve elements or spaces constructed according to children's dimensions. This requirement specified a mounting height of 20 to 28 inches measured from the ramp surface or stair nosing to the top of the gripping surface. These specifications were derived from the CAH study and were similar to several state requirements or recommendations. ADAAG requires a mounting height of 34 to 38 inches for handrails based on adult dimensions. A requirement for secondary handrails has not been included in the text of the final rule. However, advisory information on lower handrails has been added to the appendix at A4.8 and A4.9. This information recommends a secondary set of handrails at ramps or stairs in facilities that primarily serve children, such as elementary schools. A maximum handrail height of 28 inches is recommended. It is also recommended that the vertical clearance between handrails be at least 9 inches in order to reduce the risk of entrapment.
Comment. The vertical clear space between the handrails required by ADAAG and the proposed lower rail for children's use could range from 4½ to 16¾ inches. The proposed rule sought comment on whether this posed an entrapment hazard (Question 6) and whether a clearance of as a little as 4½ inches was sufficient for gripping the lower rail (Question 7). Most commenters stated that this requirement would pose an entrapment hazard. Several noted specifications in model codes that address openings such as those between vertical guardrails which require them to be spaced or to have a pattern that prevents passage of a 4 inch sphere (1994 UBC section 509.3, BOCA Section 1021.3 1996). Several comments indicated that certain guidelines, such as the Consumer Product Safety Commission Handbook for Playground Safety, consider openings between 3½ inches and 9 inches to be a hazard. Some commenters recommended a height of 26 to 28 inches as safer and noted that a rail as low as 20 inches can become a climbing structure or produce a "ladder effect." One commenter cited research which suggests that children over age 7 can use handrails at adult heights. Comments were divided on the question of whether a 4½ inch vertical clearance between handrails will allow sufficient room for grasping the lower rail. Some considered the 4½ inch clearance sufficient while almost an equal number did not and recommended minimum clearances ranging from 6 to 9 inches.
Response. A requirement for lower handrails has not been included in the final rule. Additional guidance has been added to an appendix note at A4.8.5 (Handrails) which recommends a second set of handrails where children are the principal users in a building or facility. The final rule adds a recommendation for a maximum height of 28 inches for the lower handrail and a vertical clearance between handrails of at least 9 inches. A reference to this appendix note is provided for stairs at A4.9.5 (Handrails).
ADAAG 4.8 (Ramps) specifies that the ramp slope not exceed 1:12 and limits the rise of each run to 30 inches. The Board sponsored a research project conducted by the Center for Universal Design at North Carolina State University to re-evaluate specifications for ramps. Completed in 1996, this study included subject testing with a test sample of more than 170 subjects. However, only a small portion (2.9%) of subjects were under age 16. The overall conclusion of this study was to retain without change existing ADAAG technical requirements for ramps, including those for slope and rise. The study noted that age seemed to have little bearing on the ability of subjects to use ramps.2
The CAH children's study and comments to the ANPRM considered the 1:12 maximum slope too steep for children and recommended slopes of 1:16 to 1:20 to take into account the differences in strength and stamina between children and adults. The CAH study also recommended a maximum length run of 20 feet for ramps in children's's facilities since children do not have as much strength as adults in negotiating longer ramps. For ramps with a maximum slope of 1:12, ADAAG requires a maximum length of 30 feet for each run.
Comment. The Board sought comment on whether a lower slope should be specified for ramps designed for children's use (Question 23) and whether ramps should be limited to a 20 foot length (Question 24). Commenters were divided on both questions. Comments supporting a lower slope varied in their recommendations between a 1:16 maximum, a 1:20 maximum, or a range in between. Some commenters opposed a lower slope and shorter length due to the space impact of shallower ramps and additional intermediate landings. A few commenters deferred to the Board's ramp study.
Response. Alternate specifications for ramps based on children's strength and stamina are not included in the final rule. Further study is considered necessary to determine whether alternative criteria are necessary for children with disabilities.
This section of the rule modifies ADAAG 4.15 (Drinking Fountains and Water Coolers) by providing an exception for drinking fountains used primarily by children ages 12 and younger. ADAAG 4.15.5(1) requires that drinking fountains cantilevered from walls or posts provide knee clearance (27 inches minimum) and toe clearance (9 inches minimum) below the unit for a forward approach. Under the exception provided in the final rule, these clearances are not required at units designed for use primarily by children ages 12 and younger so long as space for a parallel approach is provided and the spout is no higher than 30 inches from the ground or floor surface. This differs from the proposed rule, which specified a maximum spout height of 30 inches but also required a minimum knee clearance of 24 inches and a minimum toe clearance of 12 inches.
Comment. Comment was sought on whether products are currently available that meet the proposed specifications and, if not, information was requested on conflicting product or design specifications (Question 9). Several comments indicated that products meeting the proposed specifications are available but did not specify a type or model. Several other commenters, including a manufacturer of drinking fountains, stated that refrigerated units that meet the criteria are not available. The main conflict is the required knee and toe clearances which do not permit space for the refrigeration system below units mounted to provide a 30 inch spout height. Non-refrigerated units may meet these requirements if a remote chiller is used. According to the manufacturer, units with a refrigeration system located both above and below the top of the unit could be developed although the costs and volume potential for such units are not currently known.
Response. The final rule does not require knee and toe clearance below units mounted at children's heights (30 inch maximum spout height) so long as space for a parallel approach complying with 4.2.4 is provided. While a forward approach is preferred for easier access, this exception is provided due to remaining questions about the availability of complying products and the impact of possible design and product solutions that, in effect, may discourage provision of drinking fountains at children's heights.
This section of the rule modifies ADAAG 4.16 (Water Closets) by providing an exception for water closets used primarily by children ages 12 and younger. Under this exception, compliance with 4.16.7 (Water Closets for Children), is permitted as an alternative to the specifications in sections 4.16.2 through 4.16.6. This subsection tracks 4.16 (Water Closets) in providing requirements for clear floor space, the height of water closets, grab bars, flush controls and dispensers and provides specifications from the proposed rule derived from the CAH study. Most of these provisions provide specifications as a range. An appendix note provides additional guidance on applying these specifications according to three age groups: 3 and 4, 5 though 8, and 9 through 12.
Comment. The proposed rule provided specifications for water closets in a chart according to three age groups: 2 through 4, 5 through 8, and 9 through 12. The Board sought information on alternate specifications that would singularly serve children ages 2 through 12 (Question 10). Comments did not recommend alternative specifications but did question the need to include requirements for children 2 to 4 years old since children of this age, including those without disabilities, may need adult assistance in using water closets. Several considered different specifications based on three age groups confusing and urged simplification of this section.
Response. In the final rule, the specifications for the three age groups have been combined into a single range for simplicity. An appendix note to 4.16.7 provides guidance in applying these specifications according to the three age groups. In addition, the youngest age range has been changed from "2 to 4 years" to "3 and 4 years." However, this appendix information is advisory so that the specifications for this table can be applied to water closets serving children younger than three years as appropriate.
4.16.7(1) Clear Floor Space.
Section 4.16.7(1) (Clear Floor Space) requires that water closets which are not located in stalls comply with Figure 28 except that the centerline of the water closet shall be 12 inches minimum to 18 inches maximum from the side wall or partition. ADAAG specifications based on adult dimensions in 4.16.2 require a centerline placement of 18 inches absolute. An appendix note to 4.16.7 recommends a centerline placement of 12 inches for children ages 3 and 4, 15 inches for children ages 5 through 8, and 15 to 18 inches for children ages 9 through 12. These specifications are the same as those in the proposed rule. Few comments addressed this requirement.
4.16.7(2) Height.
Section 4.16.7(2) (Height) specifies that the height of water closets be 11 to 17 inches measured to the top of the toilet seat and prohibits seats that are sprung to return to a lifted position. ADAAG 4.16.3 (Height) requires a height of 17 to 19 inches for water closets serving adults. The appendix recommends a seat height of 12 inches for ages 3 and 4, 12 to 15 inches for ages 5 through 8, and 15 to 17 inches for ages 9 through 12. These specifications are consistent with those of the proposed rule.
4.16.7(3) Grab Bars.
Section 4.16.7(3) (Grab Bars) requires that grab bars be provided on the side and rear wall at toilets as shown in Figure 29 but requires a mounting height of 18 to 27 inches instead of 33 to 36 inches as is specified for adults. The rear grab bar is required to be at least 36 inches long. An appendix note recommends a grab bar height between 18 to 20 inches for ages 3 and 4, 20 to 25 inches for ages 5 though 8, and 25 to 27 inches for ages 9 through 12.
Comment. The heights specified for grab bars will conflict with most tank-type water closets. The proposed rule asked whether tank-type models are commonly used in facilities serving children and requested information on the cost difference between water closets with tanks and those without (Question 11). A majority of commenters indicated that water closets with tanks are rarely used in children's facilities because of maintenance and safety considerations. Some commenters noted that water closets with tanks are typically used where the water pressure is insufficient to use water closets with flush valves. A few noted that facility capacity, operation, and maintenance policies may be a factor in this determination as well. Of the few comments providing cost estimates, there was little consensus. Estimates included a 100 percent increase in the cost of water closets without tanks while another considered the cost to be about the same. One designer suggested a $300 to $400 cost increase, including installation, in the use of water closets without tanks. A few commenters indicated that complying products with tanks are available.
Response. A rear grab bar is essential for access to water closets. While there may be a cost increase in the use of complying models with tanks or models without tanks, such an impact will occur only in those limited instances where a standard tank-type model is preferred. The requirement for rear grab bars has been retained in the final rule.
Comment. The proposed rule asked whether the grab bar heights specified for children conflict with any building or plumbing code requirements for flush control location, size, or height (Question 12). Most comments indicated that a rear grab bar mounted at the proposed heights will conflict with industry standards for flush controls rather than building or plumbing codes. According to commenters, standard flush control design requires a clearance of approximately 14 to 17 inches above the top of the toilet seat (which includes approximately 3 inches for maintenance and replacement). Several comments recommended design solutions including concealing the flush valve unit in the wall or plumbing chase or splitting the rear grab bar.
Response. An exception is provided in the final rule that allows the rear grab bar to be split or to be shifted to the open side of the water closet where the flush control location required by administrative authorities conflicts with the grab bar. Since water closets designed for children may be located closer to the side wall (12 to 18 inches centerline), splitting the rear grab bar may not always be practicable. Consequently, this exception permits a shorter rear grab bar 24 inches long minimum on the open side of the toilet area at water closets with a centerline placement below 15 inches.
Comment. The proposed rule specified a 1 to 1¼ inch diameter for grab bars, which differs from the 1¼ to 1½ inch diameter ADAAG requires for adults in ADAAG 4.26 (Handrails, Grab Bars, and Tub and Shower Seats). With respect to handrails at ramps and stairs, the proposed rule asked whether this should be specified as an outer diameter since industry practice specifies pipe size by the inner diameter (Question 8). Under a 1¼ inch specification, this could lead to an outer diameter of 1? inches. Commenters supported an outer diameter specification of 1 to 1¼ inches but an equal number either preferred the 1¼ to 1½ inch range or suggested allowing a 1? inch outer diameter. One commenter noted that a 1½ inch diameter is better for children ages 5 through 12 but did not include any supporting data. The vast majority of comments stressed that the specification should address the outer diameter of handrails so that there is less ambiguity in the use of pipe.
Response. The proposed requirement for a 1 to 1¼ inch grab bar diameter has not been retained in the final rule. The requirement for grab bars in 4.16.7(3) references ADAAG 4.26, which specifies a 1¼ to 1 ½ inch diameter for grab bars and handrails. ADAAG Figure 39 indicates that this applies to the outer diameter; however standard pipe sizes designated by the industry as 1¼ inch to 1½ inch are acceptable. A requirement for handrails designed for children at ramps and stairs has not been included in the final rule.
Comment. Some building codes require grab bars to have textured surfaces. The proposed rule asked whether grab bars for children should be textured and, if so, which types of texturing are most effective (Question 13). Most comments supported such a requirement and recommended knurled or peened textures, standard brush finishes, and rubber covering. Several comments noted that some textures are hard to clean and may not meet sanitation requirements. One comment from a local disability group stated that further study was needed.
Response. Further information is needed on the appropriateness and effectiveness of various textures before requiring grab bars to be textured. A requirement for texturing is not included in the final rule.
4.16.7(4) Flush Controls.
Section 4.16.7(4) (Flush Controls) requires flush controls for water closets serving children to be hand operated or automatic and meet requirements for controls and operating mechanisms in ADAAG 4.27.4 (Operation). It also specifies that flush valves must be mounted on the wide side of the toilet no more than 36 inches above the floor. The proposed rule required that flush controls be located within the reach ranges proposed for three age groups: a maximum 36 inch height at water closets serving children ages 2 through 4, a 40 inch height at those serving children ages 5 through 8, and a 44 inch maximum height at those serving children ages 9 through 12.
Comment. The proposed rule asked whether these heights conflict with any plumbing codes, industry practices, or design practices (Question 14). Most commenters responding to this question noted that industry conventions for flush controls will conflict with the requirement for grab bars mounted 20 to 27 inches high on the wall behind the water closet. Conventional flush control design requires a clearance above the toilet seat of approximately 14 to 17 inches according to several comments.
Response. The final rule specifies a maximum height of 36 inches for flush controls at water closets serving children 12 and younger and does not recognize higher heights for older children within this age range. Since information from commenters indicates that this height will not conflict with plumbing or design and industry practices, this change has been made for easier access and simplicity. An exception to the requirement for rear grab bars has been provided to address conflicts between industry conventions for flush controls and rear grab bars. See 4.16.7(3) (Grab Bars) above.
4.16.7(5) Dispensers.
Section 4.16.7(5) (Dispensers) requires toilet paper dispensers to be 14 to 19 inches above the finished floor measured to the dispenser centerline and prohibits those that control delivery or that do not provide continuous paper flow. ADAAG 4.16.6 (Dispensers) requires a 19 inch minimum height at water closets designed for adults. The appendix recommends a dispenser height of 14 inches for ages 3 and 4, 14 to 17 inches for ages 5 through 8, and 17 to 19 inches for ages 9 through 12. Few comments addressed these specifications and no substantive changes have been made in the final rule.
This section of the rule modifies ADAAG 4.17 (Toilet Stalls) by providing an exception for toilet stalls used primarily by children ages 12 and younger. Under this exception, compliance with 4.17.7 (Toilet Stalls for Children) is permitted as an alternative to specifications in 4.17 based on adult dimensions. This subsection is modeled after 4.17.2 through 4.17.6 in providing requirements for water closets, stall size and arrangement, toe clearances, doors, and grab bars. The specifications it contains are derived from the CAH study and were included in the proposed rule. An appendix note to 4.17.7 references recommendations in A4.16.7 for water closets, grab bars, and dispensers based on three age groups: 3 and 4, 5 through 8, and 9 through 12.
4.17.7(1) Water Closets.
Section 4.17.7(1) (Water Closets) requires water closets to comply with 4.16.7 (Water Closets for Children).
4.17.7(2) Size and Arrangement.
Section 4.17.7(2) (Size and Arrangement) is consistent with ADAAG requirements for stalls based on adult dimensions in 4.17.3 (Size and Arrangement) except for water closet placement and minimum stall depth. In stalls designed for use primarily by children, the centerline of water closets is required to be 12 to 18 inches from the side wall or partition. This is consistent with the requirement for children's water closets not located in stalls at 4.16.7(1). It also requires a minimum depth for standard stalls of 59 inches, including where a wall-mounted water closet is provided. ADAAG specifications based on adult dimensions permit a 56 inch minimum stall depth where wall-mounted water closets are provided since additional toe clearance below the fixture is available. This 3 inch "credit" is not permitted for standard stalls designed for children because the lower mounting height of children's water closets provides less clearance. The CAH study indicated that children using wheelchairs need a higher clearance because their footrests are set higher from the floor than an adult's footrests. This requirement also applies to alternate toilet stalls required to be at least 69 inches deep.
Comment. The proposed rule asked for information on the cost impact of requiring a 59 inch minimum depth for accessible standard stalls serving children (Question 15). Several comments indicated that the cost impact is minimal.
Response. The stall depth requirements of the proposed rule have been retained in the final rule.
4.17.7(3) Toe Clearances.
Section 4.17.7(3) (Toe Clearances) requires that in standard stalls, the front partition and at least one side partition be at least 12 inches above the floor to provide toe clearance. ADAAG requirements based on adult dimensions specify a minimum 9 inch toe clearance. The 12 inch specification is based on a recommendation from the CAH study which indicated that children's wheelchair footrests are generally higher than those of wheelchairs used by adults.
Comment. ADAAG requirements based on adult dimensions do not specify a toe clearance at stalls deeper than 60 inches. The proposed rule asked whether the 12 inch toe clearance should be required in children's stalls deeper than 60 inches (Question 16). Commenters were evenly split on this question. Several designers noted that partitions are typically mounted from 12 to 14 inches above the floor.
Response. In the final rule, a 12 inch toe clearance is required for stall partitions without respect to the compartment depth. This additional maneuvering room is necessary within the confined space of toilet stalls because children using wheelchairs may not be as skilled in maneuvering as adults.
Comment. The proposed rule also asked whether a 12 inch toe clearance compromises privacy at water closets serving children ages 2 through 4 which may have a seat height of 11 to 12 inches (Question 17). Several comments stated that this would compromise privacy while a similar number said that it would not, with some noting that the angle of visibility is a factor. Some comments felt that privacy should not be compromised while others noted that this was less of an issue among children ages 2 through 4.
Response. The final rule retains the 12 inch minimum toe clearance. Where privacy is a concern at stalls serving young children, a seat height slightly higher than that recommended in the appendix for children ages 3 or 4 (11 to 12 inches) can be used.
4.17.7(4) Doors.
Section 4.17.7(4) (Doors) requires that stall doors comply with ADAAG 4.17.5 (Doors), which references section 4.13 (Doors and Doorways) and specifies maneuvering clearances. It does not include different specifications based on children's dimensions and is consistent with the proposed rule.
4.17.7(5) Grab Bars.
Section 4.17.7(5) (Grab Bars) requires that grab bars meet the requirements of ADAAG 4.16.7 (Grab Bars) and Figure 30 (a) through (d) but specifies a mounting height of 18 to 27 inches above the finished floor measured to the grab bar centerline instead of the 33 to 36 inches specified for adults. In the appendix, a cross reference is provided to A.4.16.7, which recommends mounting heights within this range based on three age groups: 3 and 4, 5 though 8, and 9 through 12. These specifications are consistent with those of the proposed rule except that the requirement for a 1 to 1¼ inch grab bar diameter has not been included in the final rule as discussed above at 4.16.7(3) (Grab Bars). An exception is provided where the required location of flush controls for flush valves conflicts with the rear grab bar. This exception is discussed at 4.16.7(3) above.
ADAAG 4.19 provides specifications for lavatories and mirrors that are based on adult dimensions. Section 4.19.2 (Height and Clearances) specifies a maximum rim or counter height of 34 inches, an apron clearance of at least 29 inches, a minimum knee clearance of 27 inches, and a minimum toe clearance of 9 inches. Section 4.19.3 (Clear Floor Space) requires that the clear floor space below the fixture be 17 to 19 inches deep. The final rule provides an exception (number 1) for lavatories used primarily by children ages 6 through 12. This exception permits an apron and knee clearance of 24 inches minimum provided that the rim or counter surface is no higher than 31 inches. Specifications in the proposed rule for the apron clearance (27 inches minimum), toe clearance (12 inches minimum), and the depth of usable clear floor space below the fixture (14 inches maximum) have not been retained in the final rule. The proposed maximum height for the rim or counter surface of 30 inches has been increased to 31 inches. The final rule includes another exception (number 2) under which lavatories used primarily by children ages 5 and younger need not provide these clearances if space for a parallel approach is provided.
Comment. A number of comments indicated that a rim or counter height below 30 inches better serves young children. Most recommended heights fell within a range of 20 to 24 inches for children ages 2 to 5. A few comments noted that in child care facilities, exposed pipes can pose an entrapment hazard and enclosed cabinets are used to prevent such hazards.
Response. Since the standard height of lavatories designed for children 5 years and younger will not accommodate the specified knee clearance (24 inches minimum), clearances for a forward approach are not required at them if space for a parallel approach complying with 4.2.4 is provided. Under this exception, space below lavatories can be enclosed.
Comment. The proposed rule asked whether products are currently available that meet the proposed specifications for lavatories and if not, what the conflicts are with product specifications or designs (Question 18). Most comments noted that complying products are available, including wall-hung and counter top products. Several commenters, including a major manufacturer of lavatories, indicated that a 30 inch maximum height for the rim or counter surface and the proposed 27 inch high apron clearance would permit a fixture thickness of only 3 inches which will not allow adequate structural strength to be built into prefabricated units. In addition, a 6 inch bowl depth and a 12 inch toe clearance leave only 12 inches for two supply pipes, one drain, and a stopper assembly. Information from manufacturers indicates that at least 7 inches is needed between the knee clearance and the rim or counter surface to accommodate lavatory bowls as currently designed.
Response. The proposed requirement for a 27 inch minimum apron clearance and a 12 inch minimum toe clearance have not been included in the final rule. According to the CAH study, a higher toe clearance better serves children (as is recognized for stall partitions in 4.17.7(3) above). However, the standard 9 inch minimum clearance will permit space needed for plumbing. To a certain extent, the height of toe clearance at lavatories is related to the depth of clear floor space below the fixture. Younger children will likely benefit the most from a higher toe clearance; however, their smaller stature may require less pull-up space below the fixture. The 14 inch maximum depth specified in the proposed rule has not been retained in the final rule. The 17 to 19 inch depth specified for this space in ADAAG for adults will maximize the clearance beyond the knee space at lavatories designed for children. The maximum height for the rim or counter surface has been increased from 30 to 31 inches in order to provide sufficient space for the bowl. Consistent with ADAAG specifications for adult lavatories, this will allow 7 inches instead for 6 inches measured from the knee clearance.
Comment. The CAH study recommended that faucets be located within 14 inches from the leading edge of lavatories so that they are within reach for children using wheelchairs. As noted in the proposed rule, the Texas State Building Code (section 2.1.1, Texas Accessibility Standards, April 1, 1994) requires a maximum 18 inch distance at lavatories serving children ages 4 through 11. The proposed rule requested comment on faucet locations no more than 14 inches from the lavatory leading edge and aside or in front of bowls and requested information on new technologies such as automatic sensors (Question 19). Most commenters supported the 14 inch maximum distance and a number advocated automatic sensor faucets. A few commenters supported location of faucets aside bowls. A lavatory manufacturer noted that there have been advancements in the technology used for automatic sensors and that they are easy to maintain, have very few internal moving parts, are less prone to vandalism, and have longer replacement cycles. A design firm noted that it currently specifies automatic sensors for children's lavatories. Several commenters considered the 14 inch maximum appropriate for children ages 2 through 4.
Response. Further information is needed on the appropriateness of requiring faucets to be located no more than 14 inches from the leading edge of lavatories designed for children ages 5 through 12. The specification in the Texas State Building Code suggests that while a 14 inch maximum distance will serve children ages 2 through 4, a greater distance may be acceptable for older children. Because alternative technologies such as automatic sensors are available, the location or distance of faucets has not been specified in the final rule. Additionally, ADAAG Figure 32 requires lavatories to have a horizontal depth of at least 17 inches; fixtures of this depth may permit rear-mounted faucets to be within reach for older children.
Comment. The proposed rule specified that the bottom edge of mirrors above lavatories be mounted no higher than 34 inches above the floor. ADAAG 4.19.6 specifies a 40 inch maximum height based on adult dimensions but recommends full length mirrors to accommodate the broadest range of people, including ambulatory persons, people using wheelchairs, and children. The CAH study recommended full length mirrors, which are commonly provided in elementary school toilet rooms, as mirrors above lavatories are too high for many children to use. The proposed rule sought comment on whether full length mirrors should be required in children's toilet rooms along with clear floor space in front of the mirror outside the swing of doors (Question 20). A majority of commenters supported a requirement for full length mirrors. One design firm indicated that many schools are against placement of mirrors above lavatories. Some opposed or were concerned about such a requirement unless specifications on a minimum mounting height or mirror composition were addressed to prevent breakage. Several recommendations for a minimum mounting height ranged from 6 to 18 inches. A few commenters considered slanted mirrors to work well. One comment urged that any requirement for full length mirrors include appropriate specifications such as size and mounting height and that developing these specifications may require study. Several commenters supported a requirement for clear floor space at mirrors that is outside the door swing.
Response. Specifications for mirror size and height have not been included in the final rule due to insufficient information on what these specifications should be. A recommendation for clear floor space 30 by 48 inches for a forward approach at mirrors that is outside the swing of doors has been added to the appendix note to 4.19.6 which addresses full length mirrors. The appendix also recommends that mirrors located above lavatories designed for children be mounted either at a maximum height of 34 inches (measured from the floor to the bottom edge of the reflecting surface) or at the lowest mounting height permitted by fixtures and related elements.
ADAAG provides technical requirements for sinks based on adult dimensions in 4.24 (Sinks) but does not apply them or indicate which sinks must meet this criteria. The CAH study provided recommendations for sinks designed for children. Like those for lavatories, these recommendations included a maximum rim or counter height of 30 inches and a knee clearance at least 24 inches high. The final rule provides an exception (number 1) for sinks designed for use primarily by children ages 6 through 12. This exception, located at 4.24.3 (Knee Clearance), permits a knee clearance of 24 inches instead of 27 inches provided that the rim or counter height is no higher than 31 inches. These specifications are consistent with those provided for lavatories serving children in 4.19.2. The final rule includes another exception (number 2) under which lavatories used primarily by children ages 5 and younger need not provide these clearances if space for a parallel approach is provided.
Comment. The proposed rule noted that standard mounting heights for sinks serving young children may be 24 to 26 inches high according to some state requirements for educational facilities and asked whether product or design solutions are available that meet both the CAH recommendations and specifications appropriate for standing children (Question 27). Several comments indicated that products are available that meet the CAH recommendations but they did not indicate whether they would also serve young children who do not use wheelchairs.
Response. Since the standard height of sinks designed for children 5 years and younger will not accommodate the specified knee clearance (24 inches minimum), clearances for a forward approach are not required at them if space for a parallel approach complying with 4.2.4 is provided.
ADAAG 4.1.3(18) requires that at least 5 percent of fixed seating and tables comply with 4.32 (Fixed or Built-in Seating and Tables). This section of the rule modifies ADAAG 4.32 by providing an exception for fixed or built-in seating and tables used primarily by children ages 12 and younger. Under this exception, compliance with 4.32.5 (Children's Fixed or Built-in Seating and Tables) is permitted as an alternative to the specifications in sections 4.32.2 through 4.32.4. Section 4.32.5 provides requirements for seating, knee clearance, and table or counter height. An exception to 4.32.5 is provided in the final rule for tables or counters used primarily by children ages 5 and younger. Under this exception compliance with the requirements of 4.32.5 is not required if wheelchair space parallel to tables and counters is provided.
4.32.5(1) Seating.
This provision requires that wheelchair space be provided at fixed tables or counters and that this clear floor space not overlap knee space by more than 19 inches. This provision is consistent with 4.32.2 (Seating).
4.32.5(2) Knee Clearances.
This provision requires that where wheelchair seating space is provided at tables or counters, knee space at least 24 inches high, 30 inches wide, and 19 inches deep be provided. This requirement differs from 4.32.3 (Knee Clearances), which specifies a minimum knee clearance of 27 inches.
4.32.5(3) Height of Tables or Counters.
This section requires that the tops of accessible tables and counters be 26 to 30 inches above the finish floor or ground. This is different from 4.32.4 (Height of Tables or Counters) which specifies a table or counter top height of 28 to 34 inches.
Comment. Several comments advised that lower heights within a range of 16 to 20 inches are often preferred or specified for children 2 to 4 years old.
Response. The exception provided in 4.32.5 for tables and counters used primarily by children ages 5 and younger permits lower surface heights where clear floor space complying with 4.2.4 parallel to the table or counter is provided.
The Board sought comment on the mounting height of door hardware. The CAH study recommended that door hardware be mounted 30 to 34 inches high for children with disabilities, instead of the 48 inch maximum specified by ADAAG 4.13.9 (Door Hardware). The proposed rule asked whether this height would serve adults adequately (Question 25).
Comment. Support was expressed for a height up to 34 inches but several designers considered this below the standard mounting height for adults, which is within a range of 36 to 42 inches.
Response. An alternative height for door hardware based on children's dimensions is not provided in the final rule. ADAAG 4.13.9 permits hardware to be mounted below 48 inches.
Tactile signs are required by ADAAG 4.30.6 (Mounting Location and Height) to be mounted 60 inches from the floor measured to the sign centerline. Since this is above the reach height of children, the Board sought comment on whether tactile signs should be provided to serve children as well as adults and, if so, whether there was an alternative mounting height that would adequately serve both (Question 28).
Comment. A majority of comments indicated that signage is usually intended for use by adults. There was little consensus among commenters supporting an alternative height that would serve children and adults.
Response. An alternative mounting height for tactile signage is not included in the final rule.
ADAAG 4.4 (Protruding Objects) specifies that elements mounted on walls such as phones and light fixtures not project more than 4 inches from the wall surface if the leading edge is above 27 inches from the floor. It also specifies that free-standing objects on posts and pylons may overhang 12 inches maximum if the leading edge is above 27 inches from the floor. The 27 inch height is based on the cane sweep of people with vision impairments and range of detection. The cane sweep of children with vision impairments is typically lower. The proposed rule reduced the 27 inch height to 12 inches based on recommendations from the CAH study. This requirement was intended to apply to routes serving facilities or portions of facilities constructed according to children's dimensions and anthropometrics.
Comment. The proposed rule sought comment on whether the proposed requirement for protruding objects should apply only to routes serving facilities or portions of facilities or whether it should also apply to routes leading only to an element designed for children (Question 2). Most comments recommended that the requirement should not apply to routes leading to single elements designed for children. An organization representing people with vision impairment opposed projections with leading edges below 12 inches since children are not as skilled as adults in using canes. The proposed rule also asked about the cost impact of the proposed requirement since it would generally require elements with required knee and toe clearance, such as drinking fountains, to be located in alcoves or to be protected by walls, partitions, or other features. Few commenters provided information in response to this question. Several comments suggested costs between $200 to $500 for wing walls or partitions at a fixture. One commenter recommended that the proposed requirement not apply to those elements required to provide knee clearance.
Response. The final rule has been revised to more clearly focus on elements designed for use primarily by children. Modified specifications for protruding objects however would apply to other elements, including those designed for adult use, along circulation paths. The application of the proposed specification would be difficult to determine or be a source of confusion. Further, an organization representing people with vision impairments suggested that further study in this area may be advisable. Specifications for protruding objects based on children's dimensions are not included in the final rule.
The CAH study recommended that urinal rims be 14 inches high maximum and that flush controls be 30 inches high maximum above the floor instead of the 17 inch rim height and the 44 inch flush control height specified by ADAAG 4.18 (Urinals).
Comment. The proposed rule asked whether product or design solutions are available that meet these specifications and code requirements (Question 26). Some comments stated that they were not aware of complying products but suggested design solutions for the mounting height of flush controls. These included mounting the flush control on the floor or next to the urinal on the wall, automatic or electric sensors, or push button controls.
Response. The Board considers additional information on design alternatives necessary before issuing specifications for urinals based on children's dimensions.
The CAH study recommended wider widths for clear floor space and accessible routes since a child's upper body strength and maneuvering skill is not as developed as those of an adult. The study recommended a minimum clear floor space width of 36 inches instead of 30 inches and a minimum clear width for accessible routes of 44 inches instead of 36 inches.
Comment. The proposed rule asked whether these recommendations should be included in the final rule (Questions 21 and 22). A slight majority of comments opposed both these recommendations. Of the few comments providing a reason for support or opposition, most addressed cost and space impacts. Some considered the impact to be minimal while others considered it to be significant.
Response. Alternate specifications for clear floor space and accessible routes are not included in the final rule.
Comment. Organizations representing people who are hard of hearing as well as audiological and acoustical trade associations and consultants recommended that the final rule provide acoustical performance standards for classrooms. These commenters recommended specifications for background noise levels, reverberation time, and the signal to noise ratio.
Response. Acoustical standards have not been included in the final rule because none had been proposed and made available for public comment. While acoustics is an important consideration not only in classrooms but other spaces as well, it has not been addressed at this time.
The Access Board provides technical assistance and training for entities covered under the Americans with Disabilities Act. The Access Board's toll-free number allows callers to receive technical assistance and to order publications. The Access Board conducts in-depth training programs to advise and educate the general public, as well as architects and other professionals on the accessibility guidelines and requirements. In addition, the Access Board is developing a manual for use by both technical and general audiences. The general manual on ADAAG requirements will be a useful tool in understanding ADAAG whether for purposes of compliance or as a reference for accessible design.
These guidelines are issued to provide guidance to the Department of Justice and the Department of Transportation in establishing alternate specifications for new construction and alteration of building elements designed for use by children in facilities covered by titles II and III of the ADA. The standards established by the Department of Justice and the Department of Transportation must be consistent with these guidelines.
Under Executive Order 12866, the Board must determine whether these guidelines are a significant regulatory action. The Executive Order defines a "significant regulatory action" as one that is likely to result in a rule that may:
"(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
(2) Create a serous inconsistency or otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.
For significant regulatory actions that are expected to have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities, a written assessment must be prepared of the costs and benefits anticipated from the regulatory action and any potentially effective and reasonably feasible alternatives of the planned regulation. As discussed in more detail in General Issues and the Section-by-Section analysis above, the final rule addresses elements used primarily by children and is limited to water closets, toilet stalls, lavatories and mirrors, toilet rooms, sinks and seating and tables. Elements covered by this rule are already subject to the scoping and technical provisions of ADAAG. The scoping and technical requirements for these elements in the final rule are addressed as alternatives to existing requirements which are based on adult specifications. These alternative specifications for elements used primarily by children are permitted as an exception to the adult specifications. As such, the application of the specifications for elements used primarily by children is discretionary, not mandatory. The Board has determined that this final rule does not meet the criteria for a significant rule under paragraph (1) above in that it will not have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. Because the final rule does not meet the criteria under paragraph (1) above, a regulatory assessment has not been prepared.
The Board and the Office of Management and Budget (OMB) have, however, determined that this final rule meets the other criteria for a significant regulatory action (i.e., the final rule raises novel, legal or policy issues arising out of legal mandates), and OMB has reviewed the final rule.
The guidelines adhere to the principles of the Executive Order. The Board distributed the proposed rule to state departments of education and education associations, the state building code authorities, and other responsible agencies of the 50 states to seek their review and comment. Those comments were carefully analyzed and the major issues discussed in the Section-by-Section analysis above.
Under the Regulatory Flexibility Act, the publication of a rule requires the preparation of a regulatory flexibility analysis if such rule could have a significant economic impact on a substantial number of small entities. For the reasons discussed above, the Board has determined that these guidelines will not have such an impact and accordingly, a regulatory flexibility act analysis has not been prepared.
These guidelines will have limited Federalism impacts. The impacts imposed upon State and local government entities are the necessary result of the ADA itself. Every effort has been made by the Access Board to lessen the impact of these guidelines on State and local government entities. As discussed in more detail in General Issues and the Section-by-Section analysis above, the final rule addresses certain elements used primarily by children. These alternative specifications for elements used primarily by children are permitted as an exception to the adult specifications. The application of the specifications for elements used primarily by children is discretionary, not mandatory and the Board has determined that this final rule will not have a substantial direct effect on States, the relationship between the national government and the States or on the distribution of power and responsibilities among the various levels of government. Accordingly, the preparation of a Federalism Assessment is unnecessary for purposes of this rule under Executive Order 12612.
Under the Unfunded Mandates Reform Act, Federal agencies must prepare a written assessment of the effects of any Federal mandate in a final rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. Excluded from the requirements of that Act, are provisions which (1) enforce the constitutional rights of individuals; or (2) establish or enforce a statutory right that prohibits discrimination on the basis of race, color, religion, sex, national origin, age, handicap or disability. Guidelines promulgated pursuant to the Americans with Disabilities Act are therefore excluded from the application of the Unfunded Mandates Reform Act and a written assessment is not required for this final rule.
As discussed in the supplementary information above, on July 22, 1996, the Access Board published a NPRM in the Federal Register which proposed to amend ADAAG (36 CFR part 1191) by adding a special occupancy section to ADAAG entitled "15. Children's Facilities." Executive Order 12875, Enhancing the Intergovernmental Partnership, encourages Federal agencies to consult with State and local governments affected by the implementation of legislation. Accordingly, following the issuance of the NPRM, the Access Board distributed the proposed rule to state departments of education and education associations, the state building code authorities, and other responsible agencies of the 50 states to seek their input and comment. Over 80 responses to the NPRM were received, including comments from government entities, such as state departments of education and commissions on disability, local school districts, and several Federal agencies. A summary of comments received may be found in General Issues, the Section-by-Section Analysis, and in Other Issues.
Buildings and facilities, Civil rights, Individuals with disabilities, Transportation.
Authorized by vote of the Access Board on July 9, 1997.
_____________________________________________________
Patrick
D. Cannon,
Chairperson, Architectural and Transportation Barriers Compliance Board.
(1) Print or computer disk copies of these recommendations are available from the Access Board.
(2) "A Review of Technical Requirements for Ramps," 1996 is available from the Board in hard copy and on computer disk.
These guidelines have not been incorporated in the Department of Justice accessibility standards and are, therefore, not enforceable.
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 pages i, 1, 40, 41, 44, 49, 50, and 56; and adding pages 41A, 44A and 56A as set forth below.
3. In Part 1191, the appendix to appendix A is amended by revising pages A4, A7 and A10 through A14; and adding pages A4A and A14A as set forth below.
The additions and revisions read as follows:
Table of Contents
2. GENERAL
· 2.1 Provisions for Adults and Children.
Children’s Standards for
the ADA
2. GENERAL
2.1 Provisions for Adults and Children.
The specifications in these guidelines are based upon adult dimensions and anthropometrics. These guidelines also contain alternate specifications based on children's dimensions and anthropometrics for drinking fountains, water closets, toilet stalls, lavatories, sinks, and fixed or built-in seating and tables.
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4.15.5 Clearances.
(1) Wall- and post-mounted cantilevered units shall have a clear knee space between the bottom of the apron and the floor or ground at least 27 in (685 mm) high, 30 in (760 mm) wide, and 17 in to 19 in (430 mm to 485 mm) deep (see Fig. 27(a) and (b)). Such units shall also have a minimum clear floor space 30 in by 48 in (760 mm by 1220 mm) to allow a person in a wheelchair to approach the unit facing forward.
EXCEPTION: These clearances shall not be required at units used primarily by children ages 12 and younger where clear floor space for a parallel approach complying with 4.2.4 is provided and where the spout is no higher than 30 in (760 mm), measured from the floor or ground surface to the spout outlet.
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4.16.1 General. Accessible water closets shall comply with 4.16.2 through 4.16.6.
EXCEPTION: Water closets used primarily by children ages 12 and younger shall be permitted to comply with 4.16.7.
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4.16.7* Water Closets for Children. Water closets used primarily by children ages 12 and younger shall comply with 4.16.7 as permitted by 4.16.1.
(1) Clear Floor Space. Clear floor space for water closets not in stalls shall comply with Fig. 28 except that the centerline of water closets shall be 12 in minimum to 18 in maximum (305 mm to 455 mm) from the side wall or partition. Clear floor space may be arranged to allow either a left- or right-hand approach.
(2) Height. The height of water closets shall be 11 in minimum to 17 in maximum (280 mm to 430 mm), measured to the top of the toilet seat. Seats shall not be sprung to return to a lifted position.
(3) Grab Bars. Grab bars for water closets not located in stalls shall comply with 4.26 and Fig. 29 except that grab bars shall be mounted 18 in minimum to 27 in maximum (455 mm to 685 mm) above the finish floor measured to the grab bar centerline. The grab bar behind the water closet shall be 36 in (915 mm) minimum.
EXCEPTION: If administrative authorities require flush controls for flush valves to be located in a position that conflicts with the location of the rear grab bar, then that grab bar may be split or, at water closets with a centerline placement below 15 in (380 mm), a rear grab bar 24 in (610 mm) minimum on the open side of the toilet area shall be permitted.
(4) Flush Controls. Flush controls shall be hand operated or automatic and shall comply with 4.27.4. Controls for flush valves shall be mounted on the wide side of the toilet area no more than 36 in (915 mm) above the floor.
(5) Dispensers. Toilet paper dispensers shall be installed 14 in minimum to 19 in maximum (355 mm to 485 mm) above the finish floor measured to the dispenser centerline. Dispensers that control delivery, or that do not permit continuous paper flow, shall not be used.
4.17.1 Location. Accessible toilet stalls shall be on an accessible route and shall meet the requirements of 4.17.2 through 4.17.6.
EXCEPTION: Toilet stalls used primarily by children ages 12 and younger shall be permitted to comply with 4.17.7.
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4.17.7* Toilet Stalls for Children. Toilet stalls used primarily by children ages 12 and younger shall comply with 4.17.7 as permitted by 4.17.1.
(1) Water Closets. Water closets in accessible stalls shall comply with 4.16.7.
(2) Size and Arrangement. The size and arrangement of the standard toilet stall shall comply with 4.17.3 and Fig. 30(a), Standard Stall, except that the centerline of water closets shall be 12 in minimum to 18 in maximum (305 mm to 455 mm) from the side wall or partition and the minimum depth for stalls with wall-mounted water closets shall be 59 in (1500 mm). Alternate stalls complying with Fig. 30(b) may be provided where permitted by 4.17.3 except that the stall shall have a minimum depth of 69 in (1745 mm) where wall-mounted water closets are provided.
(3) Toe Clearances. In standard stalls, the front partition and at least one side partition shall provide a toe clearance of at least 12 in (305 mm) above the finish floor.
(4) Doors. Toilet stall doors shall comply with 4.17.5.
(5) Grab Bars. Grab bars shall comply with 4.17.6 and the length and positioning shown in Fig. 30(a), (b), (c), and (d) except that grab bars shall be mounted 18 in minimum to 27 in maximum (455 mm to 685 mm) above the finish floor measured to the grab bar centerline.
EXCEPTION: If administrative authorities require flush controls for flush valves to be located in a position that conflicts with the location of the rear grab bar, then that grab bar may be split or, at water closets with a centerline placement below 15 in (380 mm), a rear grab bar 24 in (610 mm) minimum on the open side of the toilet area shall be permitted.
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4.19.1 General. The requirements of 4.19 shall apply to lavatory fixtures, vanities, and built-in lavatories.
4.19.2 Height and Clearances. Lavatories shall be mounted with the rim or counter surface no higher than 34 in (865 mm) above the finish floor. Provide a clearance of at least 29 in (735 mm) above the finish floor to the bottom of the apron. Knee and toe clearance shall comply with Fig. 31.
EXCEPTION
1: Lavatories used primarily by children ages 6 through 12 shall be permitted
to have an apron clearance and a knee clearance 24 in (610 mm) high minimum
provided that the rim or counter surface is no higher than 31 in (760 mm).
EXCEPTION 2: Lavatories used primarily by children ages 5 and younger shall
not be required to meet these clearances if clear floor space for a parallel
approach complying with 4.2.4 is provided.
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4.24.3 Knee Clearance. Knee clearance that is at least 27 in (685 mm) high, 30 in (760 mm) wide, and 19 in (485 mm) deep shall be provided underneath sinks.
EXCEPTION
1: Sinks used primarily by children ages 6 through 12 shall be permitted to
have a knee clearance 24 in (610 mm) high minimum provided that the rim or counter
surface is no higher than 31 in (760 mm).
EXCEPTION 2: Sinks used primarily by children ages 5 and younger shall not be
required to provide knee clearance if clear floor space for a parallel approach
complying with 4.2.4 is provided
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4.25.3* Height.
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4.32.1 Minimum Number. Fixed or built-in seating or tables required to be accessible by 4.1 shall comply with 4.32.2 through 4.32.4.
EXCEPTION: Fixed or built-in seating or tables used primarily by children ages 12 and younger shall be permitted to comply with 4.32.5.
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4.32.5 Children's Fixed or Built-in Seating and Tables. Fixed or built-in seating or tables used primarily by children ages 12 and younger shall comply with 4.32.5 as permitted by 4.32.1.
EXCEPTION: Fixed or built-in seating or tables used primarily by children ages 5 and younger shall not be required to comply with 4.32.5 if clear floor space complying with 4.2.4 parallel to fixed tables or counters is provided.
(1) Seating. If seating spaces for people in wheelchairs are provided at fixed tables or counters, clear floor space complying with 4.2.4 shall be provided. Such clear floor space shall not overlap knee space by more than 19 in (485 mm) (see Fig. 45).
(2) Knee Clearances. If seating for people in wheelchairs is provided at tables or counters, knee spaces at least 24 in (610 mm) high, 30 in (760 mm) wide, and 19 in (485 mm) deep shall be provided (see Fig. 45).
(3) Height of Tables or Counters. The tops of accessible tables and counters shall be from 26 in to 30 in (660 mm to 760 mm) above the finish floor or ground.
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APPENDIX:
A4.0 Accessible Elements and Spaces: Scope and Technical Requirements.
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A4.2.5 & 4.2.6 Reach. Reach ranges for persons seated in wheelchairs may be further clarified in Fig. A3(a). These drawings approximate in the plan view the information shown in Fig. 4, 5, and 6.
The following table provides guidance on reach ranges for children according to age where building elements such as coat hooks, lockers, or controls and operating mechanisms are designed for use primarily by children. These dimensions apply to either forward or side reaches. Accessible elements, controls, and operating mechanisms designed for adult use or children over age 12 can be located outside these ranges but must be within the adult reach ranges required by 4.2.5 and 4.2.6.
Children's Reach Ranges
|
Forward or Side Reach |
Ages 3 and 4 |
Ages 5 through 8 |
Ages 9 through 12 |
|
High (maximum) |
36 in (915 mm) |
40 in (1015 mm) |
44 in (1120 mm) |
|
Low (minimum) |
20 in (510 mm) |
18 in (455 mm) |
16 in (405 mm) |
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A.4.8.5 Handrails. The requirements for stair and ramp handrails in this guideline are for adults. When children are principal users in a building or facility (e.g. elementary schools), a second set of handrails at an appropriate height can assist then and aid in preventing accidents. A maximum height of 28 inches measured to the top of the gripping surface from the ramp surface or stair nosing is recommended for handrails designed for children. Sufficient vertical clearance between upper and lower handrails (9 inches minimum) should be provided to help prevent entrapment.
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A4.9.5 Handrails. See A4.8.5.
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A4.16.7 Water Closets for Children. The requirements in 4.16.7 are to be followed where the exception for children's water closets in 4.16.1 is utilized. Use of this exception is optional since these guidelines do not require water closets or other building elements to be designed according to children's dimensions. The following table provides additional guidance in applying the specifications for water closets for children according to the age group served and reflects the differences in the size, stature, and reach ranges of children 3 through 12. The specifications chosen should correspond to the age of the primary user group. The specifications of one age group should be applied consistently in the installation of a water closet and related elements.
Table A3 Specifications for Water Closets Serving Children Ages 3 through 12
|
Ages 3 and 4 |
Ages 5 through 8 |
Ages 9 through 12 |
|
|
(1) Water Closet Centerline |
12
in |
12
to 15 in |
15
to 18 in |
|
(2) Toilet Seat Height |
11
to 12 in |
12
to 15 in |
15
to 17 in |
|
(3) Grab Bar Height |
18
to 20 in |
20
to 25 in |
25
to 27 in |
|
(4) Dispenser Height |
14
in |
14
to 17 in |
17
to 19 in |
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A4.17.7 Toilet Stalls for Children. See A4.16.7.
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A4.19.6 Mirrors. If mirrors are to be used by both ambulatory people and wheelchair users, then they must be at least 74 in (1880 mm) high at their topmost edge. A single full length mirror can accommodate all people, including children. Clear floor space for a forward approach 30 by 48 inches (760 mm by 1220 mm) should be provided in front of full length mirrors. Doors should not swing into this clear floor space. Mirrors provided above lavatories designed for children should be mounted with the bottom edge of the reflecting surface no higher than 34 inches (865 mm) above the finish floor or at the lowest mounting height permitted by fixtures and related elements.
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A4.25.3 Height. For guidance on children's reach ranges, see A4.2.5 & 4.2.6.
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A4.27.3 Height. Fig. A8 further illustrates mandatory and advisory control mounting height provisions for typical equipment.
Electrical receptacles installed to serve individual appliances and not intended for regular or frequent use by building occupants are not required to be mounted within the specified reach ranges. Examples would be receptacles installed specifically for wall-mounted clocks, refrigerators, and microwave ovens. For guidance on children's reach ranges, see A4.2.5 & 4.2.6.