federal register - United States Access Board

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TuesdayJanuary 13, 1998

Part III

Architectural andTransportationBarriers ComplianceBoard36 CFR Part 1191Americans With Disabilities Act (ADA)Accessibility Guidelines for Buildings andFacilities: Building Elements Designed forChildren’s Use; Final Rule

2060 Federal Register / Vol. 63, No. 8 / Tuesday, January 13, 1998 / Rules and Regulations

1 Print or computer disk copies of theserecommendations are available from the AccessBoard.

ARCHITECTURAL ANDTRANSPORTATION BARRIERSCOMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 94–2]

RIN 3014–AA17

Americans With Disabilities Act (ADA)Accessibility Guidelines for Buildingsand Facilities; Building ElementsDesigned for Children’s Use

AGENCY: Architectural andTransportation Barriers ComplianceBoard.ACTION: Final rule.

SUMMARY: The Architectural andTransportation Barriers ComplianceBoard (Access Board) is issuing finalguidelines to provide additionalguidance to the Department of Justiceand the Department of Transportation inestablishing alternate specifications forbuilding elements designed for use bychildren. These specifications are basedon children’s dimensions andanthropometrics and apply to buildingelements designed specifically for useby children ages 12 and younger. Thisrule ensures that newly constructed andaltered facilities covered by titles II andIII of the Americans with DisabilitiesAct of 1990 are readily accessible to andusable by children with disabilities. Thestandards established by the Departmentof Justice and the Department ofTransportation must be consistent withthese guidelines.DATES: Effective date: April 13, 1998.FOR FURTHER INFORMATION CONTACT:Dave Yanchulis, Office of Technical andInformation Services, Architectural andTransportation Barriers ComplianceBoard, 1331 F Street NW., suite 1000,Washington, DC 20004–1111.Telephone number (202) 272–5434extension 27 (voice) or (800) 872–2253ext. 27 (voice); (202) 272–5449 (TTY) or(800) 993–2822 (TTY).

SUPPLEMENTARY INFORMATION:

Availability of Copies and ElectronicAccess

Single copies of this publication maybe obtained at no cost by calling theAccess Board’s automated publicationsorder line (202) 272–5434 or (800) 872–2253, by pressing 1 on the telephonekeypad, then 1 again and requestingpublication S–30, Building ElementsDesigned for Children’s Use Final Rule.Persons using a TTY should call (202)272–5449 or (800) 993–2822. Pleaserecord a name, address, telephonenumber and request this publication.

Persons who want a copy in an alternateformat should specify the type of format(audio cassette tape, Braille, large print,or computer disk). This document isalso available on the Board’s Internetsite (http://www.access-board.gov/rules/child.htm).

BackgroundThe Americans with Disabilities Act

of 1990 (ADA) (42 U.S.C. 12101 et seq.)is a comprehensive civil rights lawwhich prohibits discrimination on thebasis of disability. Titles II and III of theADA require, among other things, thatnewly constructed and altered State andlocal government buildings, places ofpublic accommodation, and commercialfacilities be readily accessible to andusable by individuals with disabilities.The Access Board is responsible fordeveloping accessibility guidelines forthe construction and alteration of suchfacilities so that they are accessible asrequired by the ADA. The Access Boardinitially issued the Americans withDisabilities Act Accessibility Guidelines(ADAAG) in 1991 (36 CFR part 1191,appendix A).

Under the ADA the Department ofJustice is responsible for issuingregulations to implement titles II and IIIof the Act. The regulations issued by theDepartment of Justice includeaccessibility standards for newlyconstructed and altered facilitiescovered by titles II and III of the ADA.These standards must be consistent withthe accessibility guidelines issued bythe Access Board. The Department ofJustice has adopted ADAAG as itsStandards for Accessible Design,published as appendix A to 28 CFR part36 and intends to amend thosestandards by adding the alternatespecifications adopted by the AccessBoard for building elements designedfor use by children. Until such time asthe Department of Justice adopts theseguidelines as standards, the guidelinesare advisory only and are not to beconstrued as requirements.

In 1986 the Access Board issued‘‘Recommendations for AccessibilityGuidelines to Serve PhysicallyHandicapped Children in ElementarySchools.’’ The report includedrecommended modifications oradditions based on children’s sizes tocertain sections of an earlieraccessibility rule, the Uniform FederalAccessibility Standards (UFAS). Therecommendations were developed toassist states in designing andconstructing accessible elementaryschools. Many states and localities haveapplied these recommendations tonewly constructed schools servinggrades one through six.

ADAAG as published in 1991 did notprovide requirements based onchildren’s dimensions. ADAAGincludes a provision, 2.2 (EquivalentFacilitation), which permits departuresfrom ADAAG requirements that provideequal or greater access. While thisprovision may serve as the basis fordepartures from ADAAG in designingfor access according to children’sdimensions, designers and others havesought specific guidance and technicalcriteria in this area.

In 1992, new recommendations weredeveloped through a research projectsponsored by the Access Board. Theproject studied accessibilityrequirements for children withdisabilities at a variety of facilities. TheCenter for Accessible Housing (CAH) atNorth Carolina State University inRaleigh, North Carolina conducted thisstudy, which included a review ofcodes, standards, and guidelines,ergonomic studies and evaluationliterature, and post-occupancyevaluations of children’s facilities. Thisstudy focused on facilities serving pre-kindergarten and elementary school-aged children and, to a lesser extent,facilities serving infants and toddlers.The recommended guidelinesdeveloped from this study are known as‘‘Recommendations for AccessibilityStandards for Children’sEnvironments,’’ (referred to as the ‘‘CAHstudy’’ in the preamble to this rule).1

On February 3, 1993, the AccessBoard published an advance notice ofproposed rulemaking (ANPRM) in theFederal Register (58 FR 6924). TheANPRM sought comment on generalissues, such as the recommended scopeof these guidelines and the ages orgrades that should be covered. TheANPRM also requested information onstandards or guidelines for children’senvironments currently in use, buildingproducts and technologies currentlyavailable that specifically servechildren, and elements and featuresunique to children’s environments thatmay merit specific attention.Approximately 75 comments werereceived in response to the ANPRM.Commenters included state and localdepartments of education, groupsrepresenting children with disabilities,plumbing fixture manufacturers,individuals, and design professionals.These comments were analyzed andused in the development of proposedguidelines.

On July 22, 1996, the Access Boardissued jointly with the Department of

2061Federal Register / Vol. 63, No. 8 / Tuesday, January 13, 1998 / Rules and Regulations

Justice a notice of proposed rulemaking(NPRM) for children’s facilities in theFederal Register (61 FR 37964). Thisrule proposed adding a specialoccupancy section to ADAAG entitled‘‘15. Children’s Facilities.’’ Theproposed rule modified ADAAGrequirements for application to facilitiesor portions of facilities constructedprimarily for use by children ages 2through 12. Section 15 applied ADAAG4.1 through 4.35 but modified variousrequirements. Requirements addressedreach ranges (15.2), protruding objects(15.3), handrails at ramps and stairs(15.4), drinking fountains and watercoolers (15.5), water closets (15.6), toiletstalls (15.7), lavatories and mirrors(15.8), storage (15.9), and fixed or built-in seating and tables (15.10). Theproposed rule asked questions aboutthese elements and other designconsiderations concerning clear floorspace, knee clearance, accessible routes,door hardware, urinals, sinks, andsignage. The proposed rule did notaddress play settings or fixed playequipment which will be addressed ina separate rulemaking on recreationalfacilities. The Access Board and theDepartment of Justice distributed theproposed rule to state departments ofeducation and education associations,the state building code authorities, andother responsible agencies of the 50states to seek their input and comment.

Over 80 comments were received inresponse to the proposed rule. Thefollowing three groups each representedapproximately a quarter of thecommenters: parents of children withdisabilities, most addressing the needsof children with dwarfism; accessibilityconsultants and designers, includingseveral that specialize in the design ofchildren’s environments; andgovernment entities, such as statedepartments of education andcommissions on disability, local schooldistricts, and several Federal agencies.The remainder of the comments werefrom local and national disabilitygroups, manufacturers, various tradeassociations, a code organization,companies that provide child careservices, and others. A summary ofcomments received may be found in thefollowing General Issues section, theSection-by-Section Analysis, and theOther Issues section.

General Issues

This section of the rule addressesissues pertaining to the application ofthe final rule. Individual provisionsaddressed in this rule are discussed indetail under the Section-by-SectionAnalysis below.

The final rule provides alternatespecifications based on children’sdimensions as exceptions tospecifications based on adultdimensions. As exceptions, thesespecifications are discretionary, notmandatory. This represents a changefrom the proposed rule, which providedmandatory requirements applicable tofacilities or portions of facilitiesconstructed according to children’sdimensions. Also, the final rule focusesmore clearly on elements used primarilyby children than the proposed rule,which applied to ‘‘facilities or portionsof facilities constructed according tochildren’s dimensions.’’

Comment. Several commenters statedthat it was not clear whether theproposed children’s guidelines weremandatory requirements or permittedalternatives to ADAAG requirementsbased on adult dimensions. Onecommenter recommended that thechildren’s guidelines be written asexceptions to ADAAG requirements.

Response. Generally, buildings codesand best practices specify that elementsand facilities be provided at heights andlocations appropriate for the primaryuser population served. Althoughchildren are rarely the sole occupant oruser of facilities, codes and bestpractices often specify that elementssuch as drinking fountains, lavatories,and toilet seats be mounted at heightsaccording to children’s size wherechildren are the primary users. Theproposed rule was not intended tocreate a new obligation for coveredentities to design or construct elementsaccording to children’s dimensions andanthropometrics. Instead, it appliedmandatory specifications wherebuilding elements are designed orconstructed according to children’sdimensions and anthropometrics. In thefinal rule, the guidelines have beenincorporated into ADAAG as exceptionsto technical requirements so that theseguidelines function as permitteddepartures from requirements based onadult dimensions where certainelements are designed for use primarilyby children. The decision to use anexception is optional but will likely bedetermined where best practices orbuilding codes call for design based onchildren’s dimensions. Consequently,making the requirements of this rulediscretionary should not affect theintended application of this rule asproposed. If an exception in this rule isused, then the technical specificationsthey contain or reference must befollowed (although as with any ADAAGrequirement, departures providing equalor greater access are permitted under the

provision of equivalent facilitation atADAAG 2.2).

Comment. A majority of commenterssupported the approach taken in theproposed rule, including itsorganization as a special occupancysection. However, some considered theapplication and scope of section 15 toovague. The proposed rule’s applicationto ‘‘facilities or portions of facilities’’designed for children was an apparentsource of confusion as somecommenters noted that it was not clearwhich types of facilities were covered.Several commenters recommended thata variety of facilities be specificallyaddressed in the final rule, includingmuseums, libraries, shopping malls,nurseries, day care centers, cafeterias,and others.

Response. For clarity, the final rulehas been reorganized to focus moreclearly on building elements designedfor use by children instead of facilitiesor portions of facilities. Thespecifications of the proposed specialoccupancy section have beenincorporated into ADAAG as exceptionsto technical requirements based onadult dimensions instead of as a specialoccupancy section. These exceptions areusable regardless of whether the facilityprimarily serves children, such as aschool, or equally serves adults, such asa museum, shopping mall, or restaurant.The basis for the exception is not thetype of facility, but the provision ofelements based on children’sdimensions.

Comment. The proposed rule coveredfacilities or portions of facilitiesconstructed according to children’sdimensions and anthropometrics forages 2 through 12. The dimensions ofchildren aged 2 and older are reflectedin many existing state and localeducation or building design guidelinesand recommendations. With respect toschools or areas within schools servingchildren over 12 years old, most statesapply design standards based on adultdimensions. A majority of commentsdid not support the proposed age range.While a few recommended broadeningthis range to cover children youngerthan 2 or older than 12, most favoredreducing the range. These commentsstated that children younger than 5,including those without disabilities,often need assistance or supervision inusing elements such as water closets.Some recommended that children’sguidelines apply where facilities orelements are designed for use bychildren over ages 4 or 5. A design firmthat specializes in child care facilitiesrecommended that access not berequired to all toilet rooms servingchildren in child care facilities due to


the space and cost impact. According tothis commenter, toilet rooms in childcare facilities are an ‘‘extension of theclassroom’’ where, until age 5 or 6,children learn proper health habits.

Response. The final rule covers accessfor children ages 12 and younger. Theage at which children independentlyuse various building elements such aswater closets varies. Also, adultassistance and supervision helps teachchildren how to use such elements bythemselves. Thus accessibility, whichincludes features such as grab bars atwater closets, is essential for childrenwith disabilities to learn how toindependently use water closets andother fixtures. For these reasons,coverage of children below age 5 hasbeen retained in the final rule. However,a minimum age is not specified in thefinal rule since the decision to design aspace or element according to children’ssizes will typically drive the use ofthese alternate specifications. Forexample, if a toilet room is intendedprimarily for young children and isdesigned according to children’sdimensions, then the alternatespecifications will likely be used sincethe only alternatives would be ADAAGrequirements based on adult dimensionsor departures based on ‘‘equivalentfacilitation’’ which provide equal orgreater access. Toilet rooms notdesigned according to children’sdimensions, including those that serveyoung children, do not have to complywith the alternate specifications.Exceptions of this rule for lavatories,sinks, and fixed seating and tables coverelements used primarily by childrenages 5 and younger and addressconflicts between current designpractice and accessibility requirements.These are further discussed below in theSection-by-Section Analysis.

Section-by-Section Analysis

This section of the preamblesummarizes each of the provisions ofthe final rule and the commentsreceived in response to the proposedrule. Where the provision in the finalrule differs from that of the proposedrule, an explanation of the modificationis provided. Building elementsaddressed by the proposed rule but notincluded in the final rule are discussedin a following section labeled OtherIssues.

2 General

2.1 Provisions for Adults and Children

The final rule contains alternatespecifications based on children’sdimensions as exceptions to ADAAGtechnical requirement for drinking

fountains, water closets, toilet stalls,lavatories, sinks, and fixed or built-inseating and tables. This is indicated ina revision to a general statement inADAAG 2.1 that previously recognizedonly adult dimensions andanthropometrics. As revised in the finalrule, this provision notes that ADAAGprovides alternate specifications basedon children’s dimensions andanthropometrics for these elements.

4 Accessible Elements and Spaces:Scope and Technical Requirements

4.2 Space Allowances and ReachRanges

4.2.5 Forward Reach. 4.2.6 SideReach. The proposed rule specifiedmaximum and minimum mountingheights for controls and operatingmechanisms and storage elementsdesigned for children’s use. Theseheights were specified for three ageranges: 36 inches (high) and 20 inches(low) for ages 2 through 4, 40 inches(high) and 18 inches (low) for ages 5through 8, and 44 inches (high) and 16inches (low) for ages 9 through 12.Consistent with CAH recommendations,these ranges were the same for forwardand side reaches. The proposed rulealso addressed the height of storageelements and referenced the reach rangerequirements. The proposed reachranges for children have been includedin the final rule as advisory informationin an appendix note to 4.2.5 (ForwardReach) and 4.2.6 (Side Reach). Thisinformation notes that thesespecifications are recommended forfixed building elements or controlsdesigned for use primarily by children12 and younger and that those designedfor use by adults only need not belocated within the recommendedranges. The reach ranges are consistentwith the proposed rule except that theages covered start at 3 years instead of2 years. ADAAG 4.25 (Storage) and 4.27(Controls and Operating Mechanisms)reference the reach range requirementsin 4.2.5 and 4.2.6. Since the appendixinformation on children’s reach rangesis relevant to these sections as well,cross references to A4.2.5 & 4.2.6(Reach) have been added to theappendix at A4.25 and A4.27.

Comment. The proposed rule askedwhether the proposed reach ranges wereappropriate for children ages 2 through12 (Question 3) and also requested dataon children’s reaches over obstructions(Question 4). Specifications forobstructed reaches were not proposeddue to insufficient information. Somecommenters supported the proposedspecifications while others opposed theapproach as too complex and

recommended that a single range beused for all ages covered. Parents ofchildren with dwarfism recommendedfurther study so that the needs ofchildren of short stature are addressed.These commenters included the age andmeasured high reach of their childalthough how this reach was measuredwas not indicated. The average reachheight by age group among thesechildren was 33 inches for ages 2through 4, 41 inches for ages 5 through8, and 44 inches for ages 9 through 12.Some commenters advised that the ruleshould exempt elements intended foradult use only, such as fireextinguishers and alarms, electricalreceptacles, phones and intercoms, andthermostats. A few comments noted thatelements must be at least 54 inches fromthe floor to be considered out ofchildren’s reach (which is the maximumpermitted by ADAAG for an adult sidereach). Conversely, some commentsrecommended that certain elementssuch as telephones and elevator controlsbe covered by the children’s rule. Fewcommenters provided information oranthropometric data on theappropriateness of the proposedspecifications or on reaches overobstructions.

Response. The CAH studyrecommended a reach range of 20inches (low) to 36 inches (high) for allchildren. However, the ergonomic dataevaluated in this study did notconclusively justify limitingspecifications for children older than 4years to this range. Reach rangespecifications, including those forobstructed reaches, have not beenincluded in the text of the rule due toa lack of sufficient data. The proposedspecifications have been included in thefinal rule in the appendix as advisory(non-mandatory) information. Thisinformation will provide guidancewhere certain building elements, suchas lockers, and controls are to bedesigned according to the dimensions ofchildren ages 12 and younger.

4.8 Ramps

4.9 Stairs

The proposed rule required a secondset of handrails at ramps and stairs thatserve elements or spaces constructedaccording to children’s dimensions.This requirement specified a mountingheight of 20 to 28 inches measured fromthe ramp surface or stair nosing to thetop of the gripping surface. Thesespecifications were derived from theCAH study and were similar to severalstate requirements or recommendations.ADAAG requires a mounting height of34 to 38 inches for handrails based on


2 ‘‘A Review of Technical Requirements forRamps,’’ 1996 is available from the Board in hardcopy and on computer disk.

adult dimensions. A requirement forsecondary handrails has not beenincluded in the text of the final rule.However, advisory information on lowerhandrails has been added to theappendix at A4.8 and A4.9. Thisinformation recommends a secondaryset of handrails at ramps or stairs infacilities that primarily serve children,such as elementary schools. Amaximum handrail height of 28 inchesis recommended. It is alsorecommended that the vertical clearancebetween handrails be at least 9 inchesin order to reduce the risk ofentrapment.

Comment. The vertical clear spacebetween the handrails required byADAAG and the proposed lower rail forchildren’s use could range from 41⁄2 to163⁄4 inches. The proposed rule soughtcomment on whether this posed anentrapment hazard (Question 6) andwhether a clearance of as a little as 41⁄2inches was sufficient for gripping thelower rail (Question 7). Mostcommenters stated that this requirementwould pose an entrapment hazard.Several noted specifications in modelcodes that address openings such asthose between vertical guardrails whichrequire them to be spaced or to have apattern that prevents passage of a 4 inchsphere (1994 UBC section 509.3, BOCASection 1021.3 1996). Several commentsindicated that certain guidelines, suchas the Consumer Product SafetyCommission Handbook for PlaygroundSafety, consider openings between 31⁄2inches and 9 inches to be a hazard.Some commenters recommended aheight of 26 to 28 inches as safer andnoted that a rail as low as 20 inches canbecome a climbing structure or producea ‘‘ladder effect.’’ One commenter citedresearch which suggests that childrenover age 7 can use handrails at adultheights. Comments were divided on thequestion of whether a 41⁄2 inch verticalclearance between handrails will allowsufficient room for grasping the lowerrail. Some considered the 41⁄2 inchclearance sufficient while almost anequal number did not andrecommended minimum clearancesranging from 6 to 9 inches.

Response. A requirement for lowerhandrails has not been included in thefinal rule. Additional guidance has beenadded to an appendix note at A4.8.5(Handrails) which recommends asecond set of handrails where childrenare the principal users in a building orfacility. The final rule adds arecommendation for a maximum heightof 28 inches for the lower handrail anda vertical clearance between handrailsof at least 9 inches. A reference to this

appendix note is provided for stairs atA4.9.5 (Handrails).

ADAAG 4.8 (Ramps) specifies that theramp slope not exceed 1:12 and limitsthe rise of each run to 30 inches. TheBoard sponsored a research projectconducted by the Center for UniversalDesign at North Carolina StateUniversity to re-evaluate specificationsfor ramps. Completed in 1996, thisstudy included subject testing with atest sample of more than 170 subjects.However, only a small portion (2.9%) ofsubjects were under age 16. The overallconclusion of this study was to retainwithout change existing ADAAGtechnical requirements for ramps,including those for slope and rise. Thestudy noted that age seemed to havelittle bearing on the ability of subjects touse ramps.2

The CAH children’s study andcomments to the ANPRM consideredthe 1:12 maximum slope too steep forchildren and recommended slopes of1:16 to 1:20 to take into account thedifferences in strength and staminabetween children and adults. The CAHstudy also recommended a maximumlength run of 20 feet for ramps inchildren’s’s facilities since children donot have as much strength as adults innegotiating longer ramps. For rampswith a maximum slope of 1:12, ADAAGrequires a maximum length of 30 feet foreach run.

Comment. The Board sought commenton whether a lower slope should bespecified for ramps designed forchildren’s use (Question 23) andwhether ramps should be limited to a 20foot length (Question 24). Commenterswere divided on both questions.Comments supporting a lower slopevaried in their recommendationsbetween a 1:16 maximum, a 1:20maximum, or a range in between. Somecommenters opposed a lower slope andshorter length due to the space impactof shallower ramps and additionalintermediate landings. A fewcommenters deferred to the Board’sramp study.

Response. Alternate specifications forramps based on children’s strength andstamina are not included in the finalrule. Further study is considerednecessary to determine whetheralternative criteria are necessary forchildren with disabilities.

4.15 Drinking Fountains and WaterCoolers

This section of the rule modifiesADAAG 4.15 (Drinking Fountains and

Water Coolers) by providing anexception for drinking fountains usedprimarily by children ages 12 andyounger. ADAAG 4.15.5(1) requires thatdrinking fountains cantilevered fromwalls or posts provide knee clearance(27 inches minimum) and toe clearance(9 inches minimum) below the unit fora forward approach. Under theexception provided in the final rule,these clearances are not required atunits designed for use primarily bychildren ages 12 and younger so long asspace for a parallel approach isprovided and the spout is no higherthan 30 inches from the ground or floorsurface. This differs from the proposedrule, which specified a maximum spoutheight of 30 inches but also required aminimum knee clearance of 24 inchesand a minimum toe clearance of 12inches.

Comment. Comment was sought onwhether products are currently availablethat meet the proposed specificationsand, if not, information was requestedon conflicting product or designspecifications (Question 9). Severalcomments indicated that productsmeeting the proposed specifications areavailable but did not specify a type ormodel. Several other commenters,including a manufacturer of drinkingfountains, stated that refrigerated unitsthat meet the criteria are not available.The main conflict is the required kneeand toe clearances which do not permitspace for the refrigeration system belowunits mounted to provide a 30 inchspout height. Non-refrigerated units maymeet these requirements if a remotechiller is used. According to themanufacturer, units with a refrigerationsystem located both above and belowthe top of the unit could be developedalthough the costs and volume potentialfor such units are not currently known.

Response. The final rule does notrequire knee and toe clearance belowunits mounted at children’s heights (30inch maximum spout height) so long asspace for a parallel approach complyingwith 4.2.4 is provided. While a forwardapproach is preferred for easier access,this exception is provided due toremaining questions about theavailability of complying products andthe impact of possible design andproduct solutions that, in effect, maydiscourage provision of drinkingfountains at children’s heights.

4.16 Water ClosetsThis section of the rule modifies

ADAAG 4.16 (Water Closets) byproviding an exception for water closetsused primarily by children ages 12 andyounger. Under this exception,compliance with 4.16.7 (Water Closets


for Children), is permitted as analternative to the specifications insections 4.16.2 through 4.16.6. Thissubsection tracks 4.16 (Water Closets) inproviding requirements for clear floorspace, the height of water closets, grabbars, flush controls and dispensers andprovides specifications from theproposed rule derived from the CAHstudy. Most of these provisions providespecifications as a range. An appendixnote provides additional guidance onapplying these specifications accordingto three age groups: 3 and 4, 5 though8, and 9 through 12.

Comment. The proposed ruleprovided specifications for water closetsin a chart according to three age groups:2 through 4, 5 through 8, and 9 through12. The Board sought information onalternate specifications that wouldsingularly serve children ages 2 through12 (Question 10). Comments did notrecommend alternative specificationsbut did question the need to includerequirements for children 2 to 4 yearsold since children of this age, includingthose without disabilities, may needadult assistance in using water closets.Several considered differentspecifications based on three age groupsconfusing and urged simplification ofthis section.

Response. In the final rule, thespecifications for the three age groupshave been combined into a single rangefor simplicity. An appendix note to4.16.7 provides guidance in applyingthese specifications according to thethree age groups. In addition, theyoungest age range has been changedfrom ‘‘2 to 4 years’’ to ‘‘3 and 4 years.’’However, this appendix information isadvisory so that the specifications forthis table can be applied to water closetsserving children younger than threeyears as appropriate.

4.16.7(1) Clear Floor Space. Section4.16.7(1) (Clear Floor Space) requiresthat water closets which are not locatedin stalls comply with Figure 28 exceptthat the centerline of the water closetshall be 12 inches minimum to 18inches maximum from the side wall orpartition. ADAAG specifications basedon adult dimensions in 4.16.2 require acenterline placement of 18 inchesabsolute. An appendix note to 4.16.7recommends a centerline placement of12 inches for children ages 3 and 4, 15inches for children ages 5 through 8,and 15 to 18 inches for children ages 9through 12. These specifications are thesame as those in the proposed rule. Fewcomments addressed this requirement.

4.16.7(2) Height. Section 4.16.7(2)(Height) specifies that the height ofwater closets be 11 to 17 inchesmeasured to the top of the toilet seat

and prohibits seats that are sprung toreturn to a lifted position. ADAAG4.16.3 (Height) requires a height of 17 to19 inches for water closets servingadults. The appendix recommends aseat height of 12 inches for ages 3 and4, 12 to 15 inches for ages 5 through 8,and 15 to 17 inches for ages 9 through12. These specifications are consistentwith those of the proposed rule.

4.16.7(3) Grab Bars. Section 4.16.7(3)(Grab Bars) requires that grab bars beprovided on the side and rear wall attoilets as shown in Figure 29 butrequires a mounting height of 18 to 27inches instead of 33 to 36 inches as isspecified for adults. The rear grab bar isrequired to be at least 36 inches long.An appendix note recommends a grabbar height between 18 to 20 inches forages 3 and 4, 20 to 25 inches for ages5 though 8, and 25 to 27 inches for ages9 through 12.

Comment. The heights specified forgrab bars will conflict with most tank-type water closets. The proposed ruleasked whether tank-type models arecommonly used in facilities servingchildren and requested information onthe cost difference between waterclosets with tanks and those without(Question 11). A majority ofcommenters indicated that water closetswith tanks are rarely used in children’sfacilities because of maintenance andsafety considerations. Some commentersnoted that water closets with tanks aretypically used where the water pressureis insufficient to use water closets withflush valves. A few noted that facilitycapacity, operation, and maintenancepolicies may be a factor in thisdetermination as well. Of the fewcomments providing cost estimates,there was little consensus. Estimatesincluded a 100 percent increase in thecost of water closets without tankswhile another considered the cost to beabout the same. One designer suggesteda $300 to $400 cost increase, includinginstallation, in the use of water closetswithout tanks. A few commentersindicated that complying products withtanks are available.

Response. A rear grab bar is essentialfor access to water closets. While theremay be a cost increase in the use ofcomplying models with tanks or modelswithout tanks, such an impact willoccur only in those limited instanceswhere a standard tank-type model ispreferred. The requirement for rear grabbars has been retained in the final rule.

Comment. The proposed rule askedwhether the grab bar heights specifiedfor children conflict with any buildingor plumbing code requirements for flushcontrol location, size, or height(Question 12). Most comments indicated

that a rear grab bar mounted at theproposed heights will conflict withindustry standards for flush controlsrather than building or plumbing codes.According to commenters, standardflush control design requires a clearanceof approximately 14 to 17 inches abovethe top of the toilet seat (which includesapproximately 3 inches for maintenanceand replacement). Several commentsrecommended design solutionsincluding concealing the flush valveunit in the wall or plumbing chase orsplitting the rear grab bar.

Response. An exception is providedin the final rule that allows the rear grabbar to be split or to be shifted to theopen side of the water closet where theflush control location required byadministrative authorities conflicts withthe grab bar. Since water closetsdesigned for children may be locatedcloser to the side wall (12 to 18 inchescenterline), splitting the rear grab barmay not always be practicable.Consequently, this exception permits ashorter rear grab bar 24 inches longminimum on the open side of the toiletarea at water closets with a centerlineplacement below 15 inches.

Comment. The proposed rulespecified a 1 to 11⁄4 inch diameter forgrab bars, which differs from the 11⁄4 to11⁄2 inch diameter ADAAG requires foradults in ADAAG 4.26 (Handrails, GrabBars, and Tub and Shower Seats). Withrespect to handrails at ramps and stairs,the proposed rule asked whether thisshould be specified as an outer diametersince industry practice specifies pipesize by the inner diameter (Question 8).Under a 11⁄4 inch specification, thiscould lead to an outer diameter of 15⁄8inches. Commenters supported an outerdiameter specification of 1 to 11⁄4 inchesbut an equal number either preferred the11⁄4 to 11⁄2 inch range or suggestedallowing a 15⁄8 inch outer diameter. Onecommenter noted that a 11⁄2 inchdiameter is better for children ages 5through 12 but did not include anysupporting data. The vast majority ofcomments stressed that the specificationshould address the outer diameter ofhandrails so that there is less ambiguityin the use of pipe.

Response. The proposed requirementfor a 1 to 11⁄4 inch grab bar diameter hasnot been retained in the final rule. Therequirement for grab bars in 4.16.7(3)references ADAAG 4.26, which specifiesa 11⁄4 to 1 1⁄2 inch diameter for grab barsand handrails. ADAAG Figure 39indicates that this applies to the outerdiameter; however standard pipe sizesdesignated by the industry as 11⁄4 inchto 11⁄2 inch are acceptable. Arequirement for handrails designed for


children at ramps and stairs has notbeen included in the final rule.

Comment. Some building codesrequire grab bars to have texturedsurfaces. The proposed rule askedwhether grab bars for children should betextured and, if so, which types oftexturing are most effective (Question13). Most comments supported such arequirement and recommended knurledor peened textures, standard brushfinishes, and rubber covering. Severalcomments noted that some textures arehard to clean and may not meetsanitation requirements. One commentfrom a local disability group stated thatfurther study was needed.

Response. Further information isneeded on the appropriateness andeffectiveness of various textures beforerequiring grab bars to be textured. Arequirement for texturing is notincluded in the final rule.

4.16.7(4) Flush Controls. Section4.16.7(4) (Flush Controls) requires flushcontrols for water closets servingchildren to be hand operated orautomatic and meet requirements forcontrols and operating mechanisms inADAAG 4.27.4 (Operation). It alsospecifies that flush valves must bemounted on the wide side of the toiletno more than 36 inches above the floor.The proposed rule required that flushcontrols be located within the reachranges proposed for three age groups: amaximum 36 inch height at waterclosets serving children ages 2 through4, a 40 inch height at those servingchildren ages 5 through 8, and a 44 inchmaximum height at those servingchildren ages 9 through 12.

Comment. The proposed rule askedwhether these heights conflict with anyplumbing codes, industry practices, ordesign practices (Question 14). Mostcommenters responding to this questionnoted that industry conventions forflush controls will conflict with therequirement for grab bars mounted 20 to27 inches high on the wall behind thewater closet. Conventional flush controldesign requires a clearance above thetoilet seat of approximately 14 to 17inches according to several comments.

Response. The final rule specifies amaximum height of 36 inches for flushcontrols at water closets servingchildren 12 and younger and does notrecognize higher heights for olderchildren within this age range. Sinceinformation from commenters indicatesthat this height will not conflict withplumbing or design and industrypractices, this change has been made foreasier access and simplicity. Anexception to the requirement for reargrab bars has been provided to addressconflicts between industry conventions

for flush controls and rear grab bars. See4.16.7(3) (Grab Bars) above.

4.16.7(5) Dispensers. Section4.16.7(5) (Dispensers) requires toiletpaper dispensers to be 14 to 19 inchesabove the finished floor measured to thedispenser centerline and prohibits thosethat control delivery or that do notprovide continuous paper flow. ADAAG4.16.6 (Dispensers) requires a 19 inchminimum height at water closetsdesigned for adults. The appendixrecommends a dispenser height of 14inches for ages 3 and 4, 14 to 17 inchesfor ages 5 through 8, and 17 to 19 inchesfor ages 9 through 12. Few commentsaddressed these specifications and nosubstantive changes have been made inthe final rule.

4.17 Toilet StallsThis section of the rule modifies

ADAAG 4.17 (Toilet Stalls) by providingan exception for toilet stalls usedprimarily by children ages 12 andyounger. Under this exception,compliance with 4.17.7 (Toilet Stalls forChildren) is permitted as an alternativeto specifications in 4.17 based on adultdimensions. This subsection is modeledafter 4.17.2 through 4.17.6 in providingrequirements for water closets, stall sizeand arrangement, toe clearances, doors,and grab bars. The specifications itcontains are derived from the CAHstudy and were included in theproposed rule. An appendix note to4.17.7 references recommendations inA4.16.7 for water closets, grab bars, anddispensers based on three age groups: 3and 4, 5 through 8, and 9 through 12.

4.17.7(1) Water Closets. Section4.17.7(1) (Water Closets) requires waterclosets to comply with 4.16.7 (WaterClosets for Children).

4.17.7(2) Size and Arrangement.Section 4.17.7(2) (Size andArrangement) is consistent withADAAG requirements for stalls based onadult dimensions in 4.17.3 (Size andArrangement) except for water closetplacement and minimum stall depth. Installs designed for use primarily bychildren, the centerline of water closetsis required to be 12 to 18 inches fromthe side wall or partition. This isconsistent with the requirement forchildren’s water closets not located installs at 4.16.7(1). It also requires aminimum depth for standard stalls of 59inches, including where a wall-mountedwater closet is provided. ADAAGspecifications based on adultdimensions permit a 56 inch minimumstall depth where wall-mounted waterclosets are provided since additional toeclearance below the fixture is available.This 3 inch ‘‘credit’’ is not permitted forstandard stalls designed for children

because the lower mounting height ofchildren’s water closets provides lessclearance. The CAH study indicated thatchildren using wheelchairs need ahigher clearance because their footrestsare set higher from the floor than anadult’s footrests. This requirement alsoapplies to alternate toilet stalls requiredto be at least 69 inches deep.

Comment. The proposed rule askedfor information on the cost impact ofrequiring a 59 inch minimum depth foraccessible standard stalls servingchildren (Question 15). Severalcomments indicated that the cost impactis minimal.

Response. The stall depthrequirements of the proposed rule havebeen retained in the final rule.

4.17.7(3) Toe Clearances. Section4.17.7(3) (Toe Clearances) requires thatin standard stalls, the front partition andat least one side partition be at least 12inches above the floor to provide toeclearance. ADAAG requirements basedon adult dimensions specify a minimum9 inch toe clearance. The 12 inchspecification is based on arecommendation from the CAH studywhich indicated that children’swheelchair footrests are generally higherthan those of wheelchairs used byadults.

Comment. ADAAG requirementsbased on adult dimensions do notspecify a toe clearance at stalls deeperthan 60 inches. The proposed rule askedwhether the 12 inch toe clearanceshould be required in children’s stallsdeeper than 60 inches (Question 16).Commenters were evenly split on thisquestion. Several designers noted thatpartitions are typically mounted from 12to 14 inches above the floor.

Response. In the final rule, a 12 inchtoe clearance is required for stallpartitions without respect to thecompartment depth. This additionalmaneuvering room is necessary withinthe confined space of toilet stallsbecause children using wheelchairs maynot be as skilled in maneuvering asadults.

Comment. The proposed rule alsoasked whether a 12 inch toe clearancecompromises privacy at water closetsserving children ages 2 through 4 whichmay have a seat height of 11 to 12inches (Question 17). Several commentsstated that this would compromiseprivacy while a similar number said thatit would not, with some noting that theangle of visibility is a factor. Somecomments felt that privacy should notbe compromised while others noted thatthis was less of an issue among childrenages 2 through 4.

Response. The final rule retains the 12inch minimum toe clearance. Where


privacy is a concern at stalls servingyoung children, a seat height slightlyhigher than that recommended in theappendix for children ages 3 or 4 (11 to12 inches) can be used.

4.17.7(4) Doors. Section 4.17.7(4)(Doors) requires that stall doors complywith ADAAG 4.17.5 (Doors), whichreferences section 4.13 (Doors andDoorways) and specifies maneuveringclearances. It does not include differentspecifications based on children’sdimensions and is consistent with theproposed rule.

4.17.7(5) Grab Bars. Section 4.17.7(5)(Grab Bars) requires that grab bars meetthe requirements of ADAAG 4.16.7(Grab Bars) and Figure 30 (a) through (d)but specifies a mounting height of 18 to27 inches above the finished floormeasured to the grab bar centerlineinstead of the 33 to 36 inches specifiedfor adults. In the appendix, a crossreference is provided to A.4.16.7, whichrecommends mounting heights withinthis range based on three age groups: 3and 4, 5 though 8, and 9 through 12.These specifications are consistent withthose of the proposed rule except thatthe requirement for a 1 to 11⁄4 inch grabbar diameter has not been included inthe final rule as discussed above at4.16.7(3) (Grab Bars). An exception isprovided where the required location offlush controls for flush valves conflictswith the rear grab bar. This exception isdiscussed at 4.16.7(3) above.

4.19 Lavatories and Mirrors. ADAAG4.19 provides specifications forlavatories and mirrors that are based onadult dimensions. Section 4.19.2(Height and Clearances) specifies amaximum rim or counter height of 34inches, an apron clearance of at least 29inches, a minimum knee clearance of 27inches, and a minimum toe clearance of9 inches. Section 4.19.3 (Clear FloorSpace) requires that the clear floor spacebelow the fixture be 17 to 19 inchesdeep. The final rule provides anexception (number 1) for lavatories usedprimarily by children ages 6 through 12.This exception permits an apron andknee clearance of 24 inches minimumprovided that the rim or counter surfaceis no higher than 31 inches.Specifications in the proposed rule forthe apron clearance (27 inchesminimum), toe clearance (12 inchesminimum), and the depth of usableclear floor space below the fixture (14inches maximum) have not beenretained in the final rule. The proposedmaximum height for the rim or countersurface of 30 inches has been increasedto 31 inches. The final rule includesanother exception (number 2) underwhich lavatories used primarily bychildren ages 5 and younger need not

provide these clearances if space for aparallel approach is provided.

Comment. A number of commentsindicated that a rim or counter heightbelow 30 inches better serves youngchildren. Most recommended heightsfell within a range of 20 to 24 inches forchildren ages 2 to 5. A few commentsnoted that in child care facilities,exposed pipes can pose an entrapmenthazard and enclosed cabinets are usedto prevent such hazards.

Response. Since the standard heightof lavatories designed for children 5years and younger will notaccommodate the specified kneeclearance (24 inches minimum),clearances for a forward approach arenot required at them if space for aparallel approach complying with 4.2.4is provided. Under this exception, spacebelow lavatories can be enclosed.

Comment. The proposed rule askedwhether products are currently availablethat meet the proposed specificationsfor lavatories and if not, what theconflicts are with product specificationsor designs (Question 18). Mostcomments noted that complyingproducts are available, including wall-hung and counter top products. Severalcommenters, including a majormanufacturer of lavatories, indicatedthat a 30 inch maximum height for therim or counter surface and the proposed27 inch high apron clearance wouldpermit a fixture thickness of only 3inches which will not allow adequatestructural strength to be built intoprefabricated units. In addition, a 6 inchbowl depth and a 12 inch toe clearanceleave only 12 inches for two supplypipes, one drain, and a stopperassembly. Information frommanufacturers indicates that at least 7inches is needed between the kneeclearance and the rim or counter surfaceto accommodate lavatory bowls ascurrently designed.

Response. The proposed requirementfor a 27 inch minimum apron clearanceand a 12 inch minimum toe clearancehave not been included in the final rule.According to the CAH study, a highertoe clearance better serves children (asis recognized for stall partitions in4.17.7(3) above). However, the standard9 inch minimum clearance will permitspace needed for plumbing. To a certainextent, the height of toe clearance atlavatories is related to the depth of clearfloor space below the fixture. Youngerchildren will likely benefit the mostfrom a higher toe clearance; however,their smaller stature may require lesspull-up space below the fixture. The 14inch maximum depth specified in theproposed rule has not been retained inthe final rule. The 17 to 19 inch depth

specified for this space in ADAAG foradults will maximize the clearancebeyond the knee space at lavatoriesdesigned for children. The maximumheight for the rim or counter surface hasbeen increased from 30 to 31 inches inorder to provide sufficient space for thebowl. Consistent with ADAAGspecifications for adult lavatories, thiswill allow 7 inches instead for 6 inchesmeasured from the knee clearance.

Comment. The CAH studyrecommended that faucets be locatedwithin 14 inches from the leading edgeof lavatories so that they are withinreach for children using wheelchairs. Asnoted in the proposed rule, the TexasState Building Code (section 2.1.1,Texas Accessibility Standards, April 1,1994) requires a maximum 18 inchdistance at lavatories serving childrenages 4 through 11. The proposed rulerequested comment on faucet locationsno more than 14 inches from thelavatory leading edge and aside or infront of bowls and requestedinformation on new technologies suchas automatic sensors (Question 19).Most commenters supported the 14 inchmaximum distance and a numberadvocated automatic sensor faucets. Afew commenters supported location offaucets aside bowls. A lavatorymanufacturer noted that there have beenadvancements in the technology usedfor automatic sensors and that they areeasy to maintain, have very few internalmoving parts, are less prone tovandalism, and have longer replacementcycles. A design firm noted that itcurrently specifies automatic sensors forchildren’s lavatories. Severalcommenters considered the 14 inchmaximum appropriate for children ages2 through 4.

Response. Further information isneeded on the appropriateness ofrequiring faucets to be located no morethan 14 inches from the leading edge oflavatories designed for children ages 5through 12. The specification in theTexas State Building Code suggests thatwhile a 14 inch maximum distance willserve children ages 2 through 4, agreater distance may be acceptable forolder children. Because alternativetechnologies such as automatic sensorsare available, the location or distance offaucets has not been specified in thefinal rule. Additionally, ADAAG Figure32 requires lavatories to have ahorizontal depth of at least 17 inches;fixtures of this depth may permit rear-mounted faucets to be within reach forolder children.

Comment. The proposed rulespecified that the bottom edge of mirrorsabove lavatories be mounted no higherthan 34 inches above the floor. ADAAG


4.19.6 specifies a 40 inch maximumheight based on adult dimensions butrecommends full length mirrors toaccommodate the broadest range ofpeople, including ambulatory persons,people using wheelchairs, and children.The CAH study recommended fulllength mirrors, which are commonlyprovided in elementary school toiletrooms, as mirrors above lavatories aretoo high for many children to use. Theproposed rule sought comment onwhether full length mirrors should berequired in children’s toilet rooms alongwith clear floor space in front of themirror outside the swing of doors(Question 20). A majority ofcommenters supported a requirementfor full length mirrors. One design firmindicated that many schools are againstplacement of mirrors above lavatories.Some opposed or were concerned aboutsuch a requirement unless specificationson a minimum mounting height ormirror composition were addressed toprevent breakage. Severalrecommendations for a minimummounting height ranged from 6 to 18inches. A few commenters consideredslanted mirrors to work well. Onecomment urged that any requirement forfull length mirrors include appropriatespecifications such as size andmounting height and that developingthese specifications may require study.Several commenters supported arequirement for clear floor space atmirrors that is outside the door swing.

Response. Specifications for mirrorsize and height have not been includedin the final rule due to insufficientinformation on what thesespecifications should be. Arecommendation for clear floor space 30by 48 inches for a forward approach atmirrors that is outside the swing ofdoors has been added to the appendixnote to 4.19.6 which addresses fulllength mirrors. The appendix alsorecommends that mirrors located abovelavatories designed for children bemounted either at a maximum height of34 inches (measured from the floor tothe bottom edge of the reflectingsurface) or at the lowest mountingheight permitted by fixtures and relatedelements.

4.24 SinksADAAG provides technical

requirements for sinks based on adultdimensions in 4.24 (Sinks) but does notapply them or indicate which sinksmust meet this criteria. The CAH studyprovided recommendations for sinksdesigned for children. Like those forlavatories, these recommendationsincluded a maximum rim or counterheight of 30 inches and a knee clearance

at least 24 inches high. The final ruleprovides an exception (number 1) forsinks designed for use primarily bychildren ages 6 through 12. Thisexception, located at 4.24.3 (KneeClearance), permits a knee clearance of24 inches instead of 27 inches providedthat the rim or counter height is nohigher than 31 inches. Thesespecifications are consistent with thoseprovided for lavatories serving childrenin 4.19.2. The final rule includesanother exception (number 2) underwhich lavatories used primarily bychildren ages 5 and younger need notprovide these clearances if space for aparallel approach is provided.

Comment. The proposed rule notedthat standard mounting heights for sinksserving young children may be 24 to 26inches high according to some staterequirements for educational facilitiesand asked whether product or designsolutions are available that meet boththe CAH recommendations andspecifications appropriate for standingchildren (Question 27). Severalcomments indicated that products areavailable that meet the CAHrecommendations but they did notindicate whether they would also serveyoung children who do not usewheelchairs.

Response. Since the standard heightof sinks designed for children 5 yearsand younger will not accommodate thespecified knee clearance (24 inchesminimum), clearances for a forwardapproach are not required at them ifspace for a parallel approach complyingwith 4.2.4 is provided.

4.32 Fixed or Built-in Seating andTables

ADAAG 4.1.3(18) requires that at least5 percent of fixed seating and tablescomply with 4.32 (Fixed or Built-inSeating and Tables). This section of therule modifies ADAAG 4.32 by providingan exception for fixed or built-in seatingand tables used primarily by childrenages 12 and younger. Under thisexception, compliance with 4.32.5(Children’s Fixed or Built-in Seatingand Tables) is permitted as analternative to the specifications insections 4.32.2 through 4.32.4. Section4.32.5 provides requirements forseating, knee clearance, and table orcounter height. An exception to 4.32.5is provided in the final rule for tables orcounters used primarily by childrenages 5 and younger. Under thisexception compliance with therequirements of 4.32.5 is not required ifwheelchair space parallel to tables andcounters is provided.

4.32.5(1) Seating. This provisionrequires that wheelchair space be

provided at fixed tables or counters andthat this clear floor space not overlapknee space by more than 19 inches. Thisprovision is consistent with 4.32.2(Seating).

4.32.5(2) Knee Clearances. Thisprovision requires that wherewheelchair seating space is provided attables or counters, knee space at least 24inches high, 30 inches wide, and 19inches deep be provided. Thisrequirement differs from 4.32.3 (KneeClearances), which specifies a minimumknee clearance of 27 inches.

4.32.5(3) Height of Tables orCounters. This section requires that thetops of accessible tables and counters be26 to 30 inches above the finish floor orground. This is different from 4.32.4(Height of Tables or Counters) whichspecifies a table or counter top height of28 to 34 inches.

Comment. Several comments advisedthat lower heights within a range of 16to 20 inches are often preferred orspecified for children 2 to 4 years old.

Response. The exception provided in4.32.5 for tables and counters usedprimarily by children ages 5 andyounger permits lower surface heightswhere clear floor space complying with4.2.4 parallel to the table or counter isprovided.

Other Issues

Door Hardware

The Board sought comment on themounting height of door hardware. TheCAH study recommended that doorhardware be mounted 30 to 34 incheshigh for children with disabilities,instead of the 48 inch maximumspecified by ADAAG 4.13.9 (DoorHardware). The proposed rule askedwhether this height would serve adultsadequately (Question 25).

Comment. Support was expressed fora height up to 34 inches but severaldesigners considered this below thestandard mounting height for adults,which is within a range of 36 to 42inches.

Response. An alternative height fordoor hardware based on children’sdimensions is not provided in the finalrule. ADAAG 4.13.9 permits hardwareto be mounted below 48 inches.

Signage

Tactile signs are required by ADAAG4.30.6 (Mounting Location and Height)to be mounted 60 inches from the floormeasured to the sign centerline. Sincethis is above the reach height ofchildren, the Board sought comment onwhether tactile signs should beprovided to serve children as well asadults and, if so, whether there was an


alternative mounting height that wouldadequately serve both (Question 28).

Comment. A majority of commentsindicated that signage is usuallyintended for use by adults. There waslittle consensus among commenterssupporting an alternative height thatwould serve children and adults.

Response. An alternative mountingheight for tactile signage is not includedin the final rule.

Protruding ObjectsADAAG 4.4 (Protruding Objects)

specifies that elements mounted onwalls such as phones and light fixturesnot project more than 4 inches from thewall surface if the leading edge is above27 inches from the floor. It also specifiesthat free-standing objects on posts andpylons may overhang 12 inchesmaximum if the leading edge is above27 inches from the floor. The 27 inchheight is based on the cane sweep ofpeople with vision impairments andrange of detection. The cane sweep ofchildren with vision impairments istypically lower. The proposed rulereduced the 27 inch height to 12 inchesbased on recommendations from theCAH study. This requirement wasintended to apply to routes servingfacilities or portions of facilitiesconstructed according to children’sdimensions and anthropometrics.

Comment. The proposed rule soughtcomment on whether the proposedrequirement for protruding objectsshould apply only to routes servingfacilities or portions of facilities orwhether it should also apply to routesleading only to an element designed forchildren (Question 2). Most commentsrecommended that the requirementshould not apply to routes leading tosingle elements designed for children.An organization representing peoplewith vision impairment opposedprojections with leading edges below 12inches since children are not as skilledas adults in using canes. The proposedrule also asked about the cost impact ofthe proposed requirement since itwould generally require elements withrequired knee and toe clearance, such asdrinking fountains, to be located inalcoves or to be protected by walls,partitions, or other features. Fewcommenters provided information inresponse to this question. Severalcomments suggested costs between $200to $500 for wings walls or partitions ata fixture. One commenter recommendedthat the proposed requirement not applyto those elements required to provideknee clearance.

Response. The final rule has beenrevised to more clearly focus onelements designed for use primarily by

children. Modified specifications forprotruding objects however wouldapply to other elements, including thosedesigned for adult use, along circulationpaths. The application of the proposedspecification would be difficult todetermine or be a source of confusion.Further, an organization representingpeople with vision impairmentssuggested that further study in this areamay be advisable. Specifications forprotruding objects based on children’sdimensions are not included in the finalrule.

Urinals

The CAH study recommended thaturinal rims be 14 inches high maximumand that flush controls be 30 incheshigh maximum above the floor insteadof the 17 inch rim height and the 44inch flush control height specified byADAAG 4.18 (Urinals).

Comment. The proposed rule askedwhether product or design solutions areavailable that meet these specificationsand code requirements (Question 26).Some comments stated that they werenot aware of complying products butsuggested design solutions for themounting height of flush controls. Theseincluded mounting the flush control onthe floor or next to the urinal on thewall, automatic or electric sensors, orpush button controls.

Response. The Board considersadditional information on designalternatives necessary before issuingspecifications for urinals based onchildren’s dimensions.

Clear Floor Space and AccessibleRoutes

The CAH study recommended widerwidths for clear floor space andaccessible routes since a child’s upperbody strength and maneuvering skill isnot as developed as those of an adult.The study recommended a minimumclear floor space width of 36 inchesinstead of 30 inches and a minimumclear width for accessible routes of 44inches instead of 36 inches.

Comment. The proposed rule askedwhether these recommendations shouldbe included in the final rule (Questions21 and 22). A slight majority ofcomments opposed both theserecommendations. Of the few commentsproviding a reason for support oropposition, most addressed cost andspace impacts. Some considered theimpact to be minimal while othersconsidered it to be significant.

Response. Alternate specifications forclear floor space and accessible routesare not included in the final rule.

Classroom AcousticsComment. Organizations representing

people who are hard of hearing as wellas audiological and acoustical tradeassociations and consultantsrecommended that the final rule provideacoustical performance standards forclassrooms. These commentersrecommended specifications forbackground noise levels, reverberationtime, and the signal to noise ratio.

Response. Acoustical standards havenot been included in the final rulebecause none had been proposed andmade available for public comment.While acoustics is an importantconsideration not only in classroomsbut other spaces as well, it has not beenaddressed at this time.

Technical AssistanceThe Access Board provides technical

assistance and training for entitiescovered under the Americans withDisabilities Act. The Access Board’stoll-free number allows callers toreceive technical assistance and to orderpublications. The Access Boardconducts in-depth training programs toadvise and educate the general public,as well as architects and otherprofessionals on the accessibilityguidelines and requirements. Inaddition, the Access Board isdeveloping a manual for use by bothtechnical and general audiences. Thegeneral manual on ADAAGrequirements will be a useful tool inunderstanding ADAAG whether forpurposes of compliance or as a referencefor accessible design.

Regulatory Process Matters

Regulatory AssessmentThese guidelines are issued to provide

guidance to the Department of Justiceand the Department of Transportation inestablishing alternate specifications fornew construction and alteration ofbuilding elements designed for use bychildren in facilities covered by titles IIand III of the ADA. The standardsestablished by the Department of Justiceand the Department of Transportationmust be consistent with theseguidelines.

Under Executive Order 12866, theBoard must determine whether theseguidelines are a significant regulatoryaction. The Executive Order defines a‘‘significant regulatory action’’ as onethat is likely to result in a rule that may:

(1) Have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, or


State, local, or tribal governments orcommunities;

(2) Create a serous inconsistency orotherwise interfere with an action takenor planned by another agency;

(3) Materially alter the budgetaryimpact of entitlements, grants, user fees,or loan programs or the rights andobligations of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in the Executive Order.

For significant regulatory actions thatare expected to have an annual effect onthe economy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local or tribal governments orcommunities, a written assessment mustbe prepared of the costs and benefitsanticipated from the regulatory actionand any potentially effective andreasonably feasible alternatives of theplanned regulation. As discussed inmore detail in General Issues and theSection-by-Section analysis above, thefinal rule addresses elements usedprimarily by children and is limited towater closets, toilet stalls, lavatories andmirrors, toilet rooms, sinks and seatingand tables. Elements covered by thisrule are already subject to the scopingand technical provisions of ADAAG.The scoping and technical requirementsfor these elements in the final rule areaddressed as alternatives to existingrequirements which are based on adultspecifications. These alternativespecifications for elements usedprimarily by children are permitted asan exception to the adult specifications.As such, the application of thespecifications for elements usedprimarily by children is discretionary,not mandatory. The Board hasdetermined that this final rule does notmeet the criteria for a significant ruleunder paragraph (1) above in that it willnot have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities. Because the final ruledoes not meet the criteria underparagraph (1) above, a regulatoryassessment has not been prepared.

The Board and the Office ofManagement and Budget (OMB) have,however, determined that this final rulemeets the other criteria for a significantregulatory action (i.e., the final ruleraises novel, legal or policy issues

arising out of legal mandates), and OMBhas reviewed the final rule.

The guidelines adhere to theprinciples of the Executive Order. TheBoard distributed the proposed rule tostate departments of education andeducation associations, the statebuilding code authorities, and otherresponsible agencies of the 50 states toseek their review and comment. Thosecomments were carefully analyzed andthe major issues discussed in theSection-by-Section analysis above.

Regulatory Flexibility Act AnalysisUnder the Regulatory Flexibility Act,

the publication of a rule requires thepreparation of a regulatory flexibilityanalysis if such rule could have asignificant economic impact on asubstantial number of small entities. Forthe reasons discussed above, the Boardhas determined that these guidelineswill not have such an impact andaccordingly, a regulatory flexibility actanalysis has not been prepared.

Federalism AssessmentThese guidelines will have limited

Federalism impacts. The impactsimposed upon State and localgovernment entities are the necessaryresult of the ADA itself. Every effort hasbeen made by the Access Board tolessen the impact of these guidelines onState and local government entities. Asdiscussed in more detail in GeneralIssues and the Section-by-Sectionanalysis above, the final rule addressescertain elements used primarily bychildren. These alternativespecifications for elements usedprimarily by children are permitted asan exception to the adult specifications.The application of the specifications forelements used primarily by children isdiscretionary, not mandatory and theBoard has determined that this final rulewill not have a substantial direct effecton States, the relationship between thenational government and the States oron the distribution of power andresponsibilities among the variouslevels of government. Accordingly, thepreparation of a Federalism Assessmentis unnecessary for purposes of this ruleunder Executive Order 12612.

Unfunded Mandates Reform ActUnder the Unfunded Mandates

Reform Act, Federal agencies mustprepare a written assessment of theeffects of any Federal mandate in a finalrule that may result in the expenditureby 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 thatAct, are provisions which (1) enforce

the constitutional rights of individuals;or (2) establish or enforce a statutoryright that prohibits discrimination onthe basis of race, color, religion, sex,national origin, age, handicap ordisability. Guidelines promulgatedpursuant to the Americans withDisabilities Act are therefore excludedfrom the application of the UnfundedMandates Reform Act and a writtenassessment is not required for this finalrule.

Enhancing the IntergovernmentalPartnership

As discussed in the supplementaryinformation above, on July 22, 1996, theAccess Board published a NPRM in theFederal Register which proposed toamend ADAAG (36 CFR part 1191) byadding a special occupancy section toADAAG entitled ‘‘15. Children’sFacilities.’’ Executive Order 12875,Enhancing the IntergovernmentalPartnership, encourages Federalagencies to consult with State and localgovernments affected by theimplementation of legislation.Accordingly, following the issuance ofthe NPRM, the Access Board distributedthe proposed rule to state departmentsof education and education associations,the state building code authorities, andother responsible agencies of the 50states to seek their input and comment.Over 80 responses to the NPRM werereceived, including comments fromgovernment entities, such as statedepartments of education andcommissions on disability, local schooldistricts, and several Federal agencies.A summary of comments received maybe found in General Issues, the Section-by-Section Analysis, and in OtherIssues.

List of Subjects in 36 CFR Part 1191

Buildings and facilities, Civil rights,Individuals with disabilities,Transportation.

Authorized by vote of the Access Board onJuly 9, 1997.Patrick D. Cannon,Chairperson, Architectural andTransportation Barriers Compliance Board.

For the reasons set forth in thepreamble, part 1191 of title 36 of theCode of Federal Regulations is amendedas follows:

PART 1191—AMERICANS WITHDISABILITIES ACT (ADA)ACCESSIBILITY GUIDELINES FORBUILDINGS AND FACILITIES

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

Authority: 42 U.S.C. 12204.


2. Appendix A to part 1191 isamended by revising pages i, ii, 1, 40,41, 44, 49, 50, and 56; and adding pages41A, 44A and 56A as set forth below.

3. In part 1191, the appendix toappendix A is amended by revisingpages A4, A7 and A10 through A14; andadding pages A4A and A14A as set forthbelow.

The additions and revisions read asfollows:

BILLING CODE 8150–01–P


[FR Doc. 98–616 Filed 1–12–98; 8:45 am]BILLING CODE 8150–01–C

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