PART 36 -- NONDISCRIMINATION ON THE BASIS OF
DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
Subpart A -- General
Sec.
36.101 Purpose.
36.102 Application.
36.103 Relationship to other laws.
36.104 Definitions.
36.105 -- 36.199 [Reserved]
Subpart B -- General Requirements
36.201 General.
36.202 Activities.
36.203 Integrated settings.
36.204 Administrative methods.
36.205 Association.
36.206 Retaliation or coercion.
36.207 Places of public accommodations located in private residences.
36.208 Direct threat.
36.209 Illegal use of drugs.
36.210 Smoking.
36.211 Maintenance of accessible features.
36.212 Insurance.
36.213 Relationship of subpart B to subparts C and D of this part.
36.214 -- 36.299 [Reserved]
Subpart C -- Specific Requirements
36.301 Eligibility criteria.
36.302 Modifications in policies, practices, or procedures.
36.303 Auxiliary aids and services.
36.304 Removal of barriers.
36.305 Alternatives to barrier removal.
36.306 Personal devices and services.
36.307 Accessible or special goods.
36.308 Seating in assembly areas.
36.309 Examinations and courses.
36.310 Transportation provided by public accommodations.
36.311 -- 36.399 [Reserved]
Subpart D -- New Construction and Alterations
36.401 New construction.
36.402 Alterations.
36.403 Alterations: Path of travel.
36.404 Alterations: Elevator exemption.
36.405 Alterations: Historic preservation.
36.406 Standards for new construction and alterations.
36.407 Temporary suspension of certain detectable warning requirements.
36.408 -- 36.499 [Reserved]
Subpart E -- Enforcement
36.501 Private suits.
36.502 Investigations and compliance reviews.
36.503 Suit by the Attorney General.
36.504 Relief.
36.505 Attorneys fees.
36.506 Alternative means of dispute resolution.
36.507 Effect of unavailability of technical assistance.
36.508 Effective date.
36.509 -- 36.599 [Reserved]
Subpart F -- Certification of State Laws or
Local Building Codes
36.601 Definitions.
36.602 General rule.
36.603 Filing a request for certification.
36.604 Preliminary determination.
36.605 Procedure following preliminary determination of equivalency.
36.606 Procedure following preliminary denial of certification.
36.607 Effect of certification.
36.608 Guidance concerning model codes.
Appendix A to Part 36 -- Standards for Accessible
Design
Appendix B to Part 36 -- Preamble to Regulation
on Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities (Published July 26, 1991)
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510;
42 U.S.C. 12186(b).
Source: Order No. 1513 - 91, 56 FR 35592,
July 26, 1991, unless otherwise noted.
Subpart A -- General
Sec.36.101 Purpose.
The purpose of this part is to implement title
III of the Americans with Disabilities Act of 1990 (42 U.S.C.
12181), which prohibits discrimination on the basis of disability
by public accommodations and requires places of public accommodation
and commercial facilities to be designed, constructed, and altered
in compliance with the accessibility standards established by
this part.
Sec.36.102 Application.
(a) General. This part applies to any --
(1) Public accommodation;
(2) Commercial facility; or
(3) Private entity that offers examinations
or courses related to applications, licensing, certification,
or credentialing for secondary or postsecondary education, professional,
or trade purposes.
(b) Public accommodations. (1) The requirements
of this part applicable to public accommodations are set forth
insubparts B, C, and D of this part.
(2) The requirements of subparts B and C of
this part obligate a public accommodation only with respect to
the operations of a place of public accommodation.
(3) The requirements of subpart D of this
part obligate a public accommodation only with respect to --
(i) A facility used as, or designed or constructed
for use as, a place of public accommodation; or
(ii) A facility used as, or designed and constructed
for use as, a commercial facility.
(c) Commercial facilities. The requirements
of this part applicable to commercial facilities are set forth
in subpart D of this part.
(d) Examinations and courses. The requirements
of this part applicable to private entities that offer examinations
or courses as specified in paragraph (a) of this section are set
forth in Sec.36.309.
(e) Exemptions and exclusions. This part does
not apply to any private club (except to the extent that the facilities
of the private club are made available to customers or patrons
of a place of public accommodation), or to any religious entity
or public entity.
Sec.36.103 Relationship to other laws.
(a) Rule of interpretation. Except as otherwise
provided in this part, this part shall not be construed to apply
a lesser standard than the standards applied under title V of
the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations
issued by Federal agencies pursuant to that title.
(b) Section 504. This part does not affect
theobligations of a recipient of Federal financial assistance
to comply with the requirements of section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) and regulations issued by Federal
agencies implementing section 504.
(c) Other laws. This part does not invalidate
or limit the remedies, rights, and procedures of any other Federal
laws, or State or local laws (including State common law) that
provide greater or equal protection for the rights of individuals
with disabilities or individuals associated with them.
Sec.36.104 Definitions.
For purposes of this part, the term --
Act means the Americans with Disabilities
Act of 1990 (Pub. L. 101 - 336, 104 Stat. 327, 42 U.S.C. 12101
- 12213 and 47 U.S.C. 225 and 611).
Commerce means travel, trade, traffic, commerce,
transportation, or communication --
(1) Among the several States;
(2) Between any foreign country or any territory
or possession and any State; or
(3) Between points in the same State but through
another State or foreign country.
Commercial facilities means facilities --
(1) Whose operations will affect commerce;
(2) That are intended for nonresidential use
by a private entity; and
(3) That are not --
(i) Facilities that are covered or expressly
exempted from coverage under the Fair Housing Act of 1968, as
amended (42 U.S.C. 3601 - 3631);
(ii) Aircraft; or
(iii) Railroad locomotives, railroad freight
cars, railroad cabooses, commuter or intercity passenger rail
cars (including coaches, dining cars, sleeping cars, lounge cars,
and food service cars), any other railroad cars described in section
242 of the Act or covered under title II of the Act, or railroad
rights-of-way. For purposes of this definition, ``rail'' and ``railroad''
have the meaning given the term ``railroad'' in section 202(e)
of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).
Current illegal use of drugs means illegal
use of drugs that occurred recently enough to justify a reasonable
belief that a person's drug use is current or that continuing
use is a real and ongoing problem.
Disability means, with respect to an individual,
a physical or mental impairment that substantially limits one
or more of the major life activities of such individual; a record
of such an impairment; or being regarded as having such animpairment.
(1) The phrase physical or mental impairment
means --
(i) Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more
of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular;
reproductive; digestive; genitourinary; hemic and lymphatic; skin;
and endocrine;
(ii) Any mental or psychological disorder
such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities;
(iii) The phrase physical or mental impairment
includes, but is not limited to, such contagious and noncontagious
diseases and conditions as orthopedic, visual, speech, and hearing
impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, mental retardation,
emotional illness, specific learning disabilities, HIV disease
(whether symptomatic or asymptomatic), tuberculosis, drug addiction,
and alcoholism;
(iv) The phrase physical or mental impairment
does not include homosexuality or bisexuality.
(2) The phrase major life activities means
functions such as caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment
means has a history of, or has been misclassified as having, a
mental or physical impairment that substantially limits one or
more major life activities.
(4) The phrase is regarded as having an impairment
means --
(i) Has a physical or mental impairment that
does not substantially limit major life activities but that is
treated by a private entity as constituting such a limitation;
(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(iii) Has none of the impairments defined
in paragraph (1) of this definition but is treated by a private
entity as having such an impairment.
(5) The term disability does not include --
(i) Transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments, or other sexual behavior disorders;
(ii) Compulsive gambling, kleptomania, or
pyromania; or
(iii) Psychoactive substance use disorders
resulting from current illegal use of drugs.
Drug means a controlled substance, as defined
in schedules I through V of section 202 of the Controlled Substances
Act (21 U.S.C. 812).
Facility means all or any portion of buildings,
structures, sites, complexes, equipment, rolling stock or other
conveyances, roads, walks, passageways, parking lots, or other
real or personal property, including the site where the building,
property, structure, or equipment is located.
Illegal use of drugs means the use of one
or more drugs, the possession or distribution of which is unlawful
under the Controlled Substances Act (21 U.S.C. 812). The term
``illegal use of drugs'' does not include the use of a drug taken
under supervision by a licensed health care professional, or other
uses authorized by the Controlled Substances Act or other provisions
of Federal law.
Individual with a disability means a person
who has a disability. The term ``individual with a disability''
does not include an individual who is currently engaging in the
illegal use of drugs, when the private entity acts on the basis
of such use.
Place of public accommodation means a facility,
operated by a private entity, whose operations affect commerce
and fall within at least one of the following categories --
(1) An inn, hotel, motel, or other place of
lodging, except for an establishment located within a building
that contains not more than five rooms for rent or hire and that
is actually occupied by the proprietor of the establishment as
the residence of the proprietor;
(2) A restaurant, bar, or other establishment
serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture
hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store,
hardware store, shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber
shop, beauty shop, travel service, shoe repair service, funeral
parlor, gas station, office of an accountant or lawyer, pharmacy,
insurance office, professional office of a health care provider,
hospital, or other service establishment;
(7) A terminal, depot, or other station used
forspecified public transportation;
(8) A museum, library, gallery, or other place
of public display or collection;
(9) A park, zoo, amusement park, or other
place of recreation;
(10) A nursery, elementary, secondary, undergraduate,
or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center,
homeless shelter, food bank, adoption agency, or other social
service center establishment; and
(12) A gymnasium, health spa, bowling alley,
golf course, or other place of exercise or recreation.
Private club means a private club or establishment
exempted from coverage under title II of the Civil Rights Act
of 1964 (42 U.S.C. 2000a(e)).
Private entity means a person or entity other
than a public entity.
Public accommodation means a private entity
that owns, leases (or leases to), or operates a place of public
accommodation.
Public entity means --
(1) Any State or local government;
(2) Any department, agency, special purpose
district, or other instrumentality of a State or States or local
government; and
(3) The National Railroad Passenger Corporation,
and any commuter authority (as defined in section 103(8) of the
Rail Passenger Service Act). (45 U.S.C. 541)
Qualified interpreter means an interpreter
who is able to interpret effectively, accurately and impartially
both receptively and expressively, using any necessary specialized
vocabulary.
Readily achievable means easily accomplishable
and able to be carried out without much difficulty or expense.
In determining whether an action is readily achievable factors
to be considered include --
(1) The nature and cost of the action needed
under this part;
(2) The overall financial resources of the
site or sites involved in the action; the number of persons employed
at the site; the effect on expenses and resources; legitimate
safety requirements that are necessary for safe operation, including
crime prevention measures; or the impact otherwise of the action
upon the operation of the site;
(3) The geographic separateness, and the administrative
or fiscal relationship of the site or sites in question to any
parent corporation or entity;
(4) If applicable, the overall financial resources
of any parent corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its employees;
the number, type, and location of its facilities; and
(5) If applicable, the type of operation or
operations of any parent corporation or entity, including the
composition, structure, and functions of the workforce of the
parent corporation or entity.
Religious entity means a religious organization,
including a place of worship.
Service animal means any guide dog, signal
dog, or other animal individually trained to do work or perform
tasks for the benefit of an individual with a disability, including,
but not limited to, guiding individuals with impaired vision,
alerting individuals with impaired hearing to intruders or sounds,
providing minimal protection or rescue work, pulling awheelchair,
or fetching dropped items.
Specified public transportation means transportation
by bus, rail, or any other conveyance (other than by aircraft)
that provides the general public with general or special service
(including charter service) on a regular and continuing basis.
State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
Undue burden means significant difficulty
or expense. In determining whether an action would result in an
undue burden, factors to be considered include --
(1) The nature and cost of the action needed
under this part;
(2) The overall financial resources of the
site or sites involved in the action; the number of persons employed
at the site; the effect on expenses and resources; legitimate
safety requirements that are necessary for safe operation, including
crime prevention measures; or the impact otherwise of the action
upon the operation of the site;
(3) The geographic separateness, and the administrative
or fiscal relationship of the site or sites in question to any
parent corporation or entity;
(4) If applicable, the overall financial resources
of any parent corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its employees;
the number, type, and location of its facilities; and
(5) If applicable, the type of operation or
operations of any parent corporation or entity, including the
composition, structure, and functions of the workforce of the
parent corporation or entity.
Sec..36.105 -- 36.199 [Reserved]
Subpart B -- General Requirements
Sec.36.201 General.
(a) Prohibition of discrimination. No individual
shall be discriminated against on the basis of disability in the
full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public accommodation
by any private entity who owns, leases (or leases to), or operates
a place of public accommodation.
(b) Landlord and tenant responsibilities.
Both the landlord who owns the building that houses a place of
public accommodation and the tenant who owns or operates the place
of public accommodation are public accommodations subject to the
requirements of this part. As between the parties, allocation
of responsibility for complying with the obligations of this part
may be determined by lease or other contract.
Sec.36.202 Activities.
(a) Denial of participation. A public accommodation
shall not subject an individual or class of individuals on the
basis of a disability or disabilities of such individual or class,
directly, or through contractual, licensing, or other arrangements,
to a denial of the opportunity of the individual or class to participate
in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations of a place of public accommodation.
(b) Participation in unequal benefit. A public
accommodation shall not afford an individual or class of individuals,
on the basis of a disability or disabilities of such individual
or class, directly, or through contractual, licensing, or other
arrangements, with the opportunity to participate in or benefit
from a good, service, facility, privilege, advantage, or accommodation
that is not equal to that afforded to other individuals.
(c) Separate benefit. A public accommodation
shall not provide an individual or class of individuals, on the
basis of a disability or disabilities of such individual or class,
directly, or through contractual, licensing, or other arrangements
with a good, service, facility, privilege, advantage, or accommodation
that is different or separate from that provided to other individuals,
unless such action is necessary to provide the individual or class
of individuals with a good, service, facility, privilege, advantage,
or accommodation, or other opportunity that is as effective as
that provided to others.
(d) Individual or class of individuals. For
purposes of paragraphs (a) through (c) of this section, the term
``individual or class of individuals'' refers to the clients or
customers of the public accommodation that enters into the contractual,
licensing, or other arrangement.
Sec.36.203 Integrated settings.
(a) General. A public accommodation shall
afford goods, services, facilities, privileges, advantages, and
accommodations to an individual with a disability in the most
integrated setting appropriate to the needs of the individual.
(b) Opportunity to participate. Notwithstanding
the existence of separate or different programs or activities
provided in accordance with this subpart, a public accommodation
shall not deny an individual with a disability an opportunity
to participate in such programs or activities that are not separate
or different.
(c) Accommodations and services. (1) Nothing
in this part shall be construed to require an individual with
a disability to accept an accommodation, aid, service, opportunity,
or benefit available under this part that such individual chooses
not to accept.
(2) Nothing in the Act or this part authorizes
there presentative or guardian of an individual with a disability
to decline food, water, medical treatment, or medical services
for that individual.
Sec.36.204 Administrative methods.
A public accommodation shall not, directly
or through contractual or other arrangements, utilize standards
or criteria or methods of administration that have the effect
of discriminating on the basis of disability, or that perpetuate
the discrimination of others who are subject to common administrative
control.
Sec.36.205 Association.
A public accommodation shall not exclude or
otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations, or other opportunities to an individual
or entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship
or association.
Sec.36.206 Retaliation or coercion.
(a) No private or public entity shall discriminate
against any individual because that individual has opposed any
act or practice made unlawful by this part, or because that individual
made a charge, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under the Act or this
part.
(b) No private or public entity shall coerce,
intimidate, threaten, or interfere with any individual in the
exercise or enjoyment of, or on account of his or her having exercised
or enjoyed, or on account of his or her having aided or encouraged
any other individual in the exercise or enjoyment of, any right
granted or protected by the Act or this part.
(c) Illustrations of conduct prohibited by
this section include, but are not limited to:
(1) Coercing an individual to deny or limit
the benefits, services, or advantages to which he or she is entitled
under the Act or this part;
(2) Threatening, intimidating, or interfering
with an individual with a disability who is seeking to obtain
or use the goods, services, facilities, privileges, advantages,
or accommodations of a public accommodation;
(3) Intimidating or threatening any person
because that person is assisting or encouraging an individual
or group entitled to claim the rights granted or protected by
the Act or this part to exercise those rights; or
(4) Retaliating against any person because
that person has participated in any investigation or action to
enforce the Act or this part.
Sec.36.207 Places of public accommodation
located in private residences.
(a) When a place of public accommodation is
located in a private residence, the portion of the residence used
exclusively as a residence is not covered by this part, but that
portion used exclusively in the operation of the place of public
accommodation or that portion used both for the place of public
accommodation and for residential purposes is covered by this
part.
(b) The portion of the residence covered under
paragraph (a) of this section extends to those elements used to
enter the place of public accommodation, including the homeowner's
front sidewalk, if any, the door or entryway, and hallways; and
those portions of the residence, interior or exterior, available
to or used by customers or clients, including restrooms.
Sec.36.208 Direct threat.
(a) This part does not require a public accommodation
to permit an individual to participate in or benefit from the
goods, services, facilities, privileges, advantages and accommodations
of that public accommodation when that individual poses a direct
threat to the health or safety of others.
(b) Direct threat means a significant risk
to the health or safety of others that cannot be eliminated by
a modification of policies, practices, or procedures, or by the
provision of auxiliary aids or services.
(c) In determining whether an individual poses
a direct threat to the health or safety of others, a public accommodation
must make an individualized assessment, based on reasonable judgment
that relies on current medical knowledge or on the best available
objective evidence, to ascertain: the nature, duration, and severity
of the risk; the probability that the potential injury will actually
occur; and whether reasonable modifications of policies, practices,
or procedures will mitigate the risk.
Sec.36.209 Illegal use of drugs.
(a) General. (1) Except as provided in paragraph
(b) of this section, this part does not prohibit discrimination
against an individual based on that individual's current illegal
use of drugs.
(2) A public accommodation shall not discriminate
on the basis of illegal use of drugs against an individual who
is not engaging in current illegal use of drugs and who --
(i) Has successfully completed a supervised
drug rehabilitation program or has otherwise been rehabilitated
successfully;
(ii) Is participating in a supervised rehabilitation
program; or
(iii) Is erroneously regarded as engaging
in such use.
(b) Health and drug rehabilitation services.
(1) A public accommodation shall not deny health services, or
services provided in connection with drug rehabilitation, to an
individual on the basis of that individual's current illegal use
of drugs, if the individual is otherwise entitled to such services.
(2) A drug rehabilitation or treatment program
may deny participation to individuals who engage in illegal use
of drugs while they are in the program.
(c) Drug testing. (1) This part does not prohibit
a public accommodation from adopting or administering reasonable
policies or procedures, including but not limited to drug testing,
designed to ensure that an individual who formerly engaged in
the illegal use of drugs is not now engaging incurrent illegal
use of drugs.
(2) Nothing in this paragraph (c) shall be
construed to encourage, prohibit, restrict, or authorize the conducting
of testing for the illegal use of drugs.
Sec.36.210 Smoking.
This part does not preclude the prohibition
of, or the imposition of restrictions on, smoking in places of
public accommodation.
Sec.36.211 Maintenance of accessible features.
(a) A public accommodation shall maintain
in operable working condition those features of facilities and
equipment that are required to be readily accessible to and usable
by persons with disabilities by the Act or this part.
(b) This section does not prohibit isolated
or temporary interruptions in service or access due to maintenance
or repairs.
Sec.36.212 Insurance.
(a) This part shall not be construed to prohibit
or restrict --
(1) An insurer, hospital or medical service
company, health maintenance organization, or any agent, or entity
that administers benefit plans, or similar organizations from
underwriting risks, classifying risks, or administering such risks
that are based on or not inconsistent with State law; or
(2) A person or organization covered by this
part from establishing, sponsoring, observing or administering
the terms of a bona fide benefit plan that are based on underwriting
risks, classifying risks, or administering such risks that are
based on or not inconsistent with State law; or
(3) A person or organization covered by this
part from establishing, sponsoring, observing or administering
the terms of a bona fide benefit plan that is not subject to State
laws that regulate insurance.
(b) Paragraphs (a) (1), (2), and (3) of this
section shall not be used as a subterfuge to evade the purposes
of the Act or this part.
(c) A public accommodation shall not refuse
to serve an individual with a disability because its insurance
company conditions coverage or rates on the absence of individuals
with disabilities.
Sec.36.213 Relationship of subpart B to subparts
C and D of this part.
Subpart B of this part sets forth the general
principles of nondiscrimination applicable to all entities subject
to this part. Subparts C and D of this part provide guidance on
the application of the statute to specific situations. The specific
provisions, including the limitations on those provisions, control
over the general provisions in circumstances where both specific
and general provisions apply.
Sec..36.214 -- 36.299 [Reserved]
Subpart C -- Specific Requirements
Sec.36.301 Eligibility criteria.
(a) General. A public accommodation shall
not impose or apply eligibility criteria that screen out or tend
to screen out an individual with a disability or any class of
individuals with disabilities from fully and equally enjoying
any goods, services, facilities, privileges, advantages, or accommodations,
unless such criteria can be shown to be necessary for the provision
of the goods, services, facilities, privileges, advantages, or
accommodations being offered.
(b) Safety. A public accommodation may impose legitimate safety requirements that are necessary for safe operation. Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
(c) Charges. A public accommodation may not
impose a surcharge on a particular individual with a disability
or any group of individuals with disabilities to cover the costs
of measures, such as the provision of auxiliary aids, barrier
removal, alternatives to barrier removal, and reasonable modifications
in policies, practices, or procedures, that are required to provide
that individual or group with the nondiscriminatory treatment
required by the Act or this part.
Sec.36.302 Modifications in policies, practices,
or procedures.
(a) General. A public accommodation shall
make reasonable modifications in policies, practices, or procedures,
when the modifications are necessary to afford goods, services,facilities,
privileges, advantages, or accommodations to individuals with
disabilities, unless the public accommodation can demonstrate
that making the modifications would fundamentally alter the nature
of the goods, services, facilities, privileges, advantages, or
accommodations.
(b) Specialties -- (1) General. A public accommodation
may refer an individual with a disability to another public accommodation,
if that individual is seeking, or requires, treatment or services
outside of the referring public accommodation's area of specialization,
and if, in the normal course of its operations, the referring
public accommodation would make a similar referral for an individual
without a disability who seeks or requires the same treatment
or services.
(2) Illustration -- medical specialties. A
health care provider may refer an individual with a disability
to another provider, if that individual is seeking, or requires,
treatment or services outside of the referring provider's area
of specialization, and if the referring provider would make a
similar referral for an individual without a disability who seeks
or requires the same treatment or services. A physician who specializes
in treating only a particular condition cannot refuse to treat
an individual with a disability for that condition, but is not
required to treat the individual for a different condition.
(c) Service animals -- (1) General. Generally,
a public accommodation shall modify policies, practices, or procedures
to permit the use of a service animal by an individual with a
disability.
(2) Care or supervision of service animals.
Nothing in this part requires a public accommodation to supervise
or care for a service animal.
(d) Check-out aisles. A store with check-out
aisles shall ensure that an adequate number of accessible check-out
aisles are kept open during store hours, or shall otherwise modify
its policies and practices, in order to ensure that an equivalent
level of convenient service is provided to individuals with disabilities
as is provided to others. If only one check-out aisle is accessible,
and it is generally used for express service, one way of providing
equivalent service is to allow persons with mobility impairments
to make all their purchases at that aisle.
Sec.36.303 Auxiliary aids and services.
(a) General. A public accommodation shall
take those steps that may be necessary to ensure that no individual
with a disability is excluded, denied services, segregated or
otherwise treated differently than other individuals because of
the absence of auxiliary aids and services, unless the public
accommodation can demonstrate that taking those steps would fundamentally
alter the nature of the goods, services, facilities, privileges,
advantages, or accommodations being offered or would result in
an undue burden, i.e., significant difficulty or expense.
(b) Examples. The term ``auxiliary aids and
services'' includes --
(1) Qualified interpreters, notetakers, computer-aided
transcription services, written materials, telephone handset amplifiers,
assistive listening devices, assistive listening systems, telephones
compatible with hearing aids, closed caption decoders, open and
closed captioning, telecommunications devices for deaf persons
(TDD's), videotext displays, or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments;
(2) Qualified readers, taped texts, audio
recordings, Brailled materials, large print materials, or other
effective methods of making visually delivered materials available
to individuals with visual impairments;
(3) Acquisition or modification of equipment
or devices; and
(4) Other similar services and actions.
(c) Effective communication. A public accommodation
shall furnish appropriate auxiliary aids and services where necessary
to ensure effective communication with individuals with disabilities.
(d) Telecommunication devices for the deaf
(TDD's). (1) A public accommodation that offers a customer, client,
patient, or participant the opportunity to make outgoing telephone
calls on more than an incidental convenience basis shall make
available, upon request, a TDD for the use of an individual who
has impaired hearing or a communication disorder.
(2) This part does not require a public accommodation
to use a TDD for receiving or making telephone calls incident
to its operations.
(e) Closed caption decoders. Places of lodging
that provide televisions in five or more guest rooms and hospitals
that provide televisions for patient use shall provide, upon request,
a means for decoding captions for use by an individual with impaired
hearing.
(f) Alternatives. If provision of a particular
auxiliary aid or service by a public accommodation would result
in a fundamental alteration in the nature of the goods, services,
facilities, privileges, advantages, or accommodations being offered
or in an undue burden, i.e., significant difficulty or expense,
the public accommodation shall provide an alternative auxiliary
aid or service, if one exists, that would not result in an alteration
or such burden but would nevertheless ensure that, to the maximum
extent possible, individuals with disabilities receive the goods,
services, facilities, privileges, advantages, or accommodations
offered by the public accommodation.
Sec.36.304 Removal of barriers.
(a) General. A public accommodation shall
remove architectural barriers in existing facilities, including
communication barriers that are structural in nature, where such
removal is readily achievable, i.e., easily accomplishable and
able to be carried out without much difficulty or expense.
(b) Examples. Examples of steps to remove
barriers include, but are not limited to, the following actions
--
(1) Installing ramps;
(2) Making curb cuts in sidewalks and entrances;
(3) Repositioning shelves;
(4) Rearranging tables, chairs, vending machines,
display racks, and other furniture;
(5) Repositioning telephones;
(6) Adding raised markings on elevator control
buttons;
(7) Installing flashing alarm lights;
(8) Widening doors;
(9) Installing offset hinges to widen doorways;
(10) Eliminating a turnstile or providing an alternative accessible path;
(11) Installing accessible door hardware;
(12) Installing grab bars in toilet stalls;
(13) Rearranging toilet partitions to increase
maneuvering space;
(14) Insulating lavatory pipes under sinks
to prevent burns;
(15) Installing a raised toilet seat;
(16) Installing a full-length bathroom mirror;
(17) Repositioning the paper towel dispenser
in a bathroom;
(18) Creating designated accessible parking
spaces;
(19) Installing an accessible paper cup dispenser
at an existing inaccessible water fountain;
(20) Removing high pile, low density carpeting;
or
(21) Installing vehicle hand controls.
(c) Priorities. A public accommodation is
urged to take measures to comply with the barrier removal requirements
of this section in accordance with the following order of priorities.
(1) First, a public accommodation should take
measures to provide access to a place of public accommodation
from public sidewalks, parking, or public transportation. These
measures include, for example, installing an entrance ramp, widening
entrances, and providing accessible parking spaces.
(2) Second, a public accommodation should
take measures to provide access to those areas of a place of public
accommodation where goods and services are made available to the
public. These measures include, for example, adjusting the layout
of display racks, rearranging tables, providing Brailled and raised
character signage, widening doors, providing visual alarms, and
installing ramps.
(3) Third, a public accommodation should take
measures to provide access to restroom facilities. These measures
include, for example, removal of obstructing furniture or vending
machines, widening of doors, installation of ramps, providing
accessible signage, widening of toilet stalls, and installation
of grab bars.
(4) Fourth, a public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.
(d) Relationship to alterations requirements
of subpart D of this part. (1) Except as provided in paragraph
(d)(2) of this section, measures taken to comply with the barrier
removal requirements of this section shall comply with the applicable
requirements for alterations in Sec.36.402 and Sec..36.404 -36.406
of this part for the element being altered. The path of travel
requirements of Sec.36.403 shall not apply to measures taken solely
to comply with the barrier removal requirements of this section.
(2) If, as a result of compliance with the
alterations requirements specified in paragraph (d)(1) of this
section, the measures required to remove a barrier would not be
readily achievable, a public accommodation may take other readily
achievable measures to remove the barrier that do not fully comply
with the specified requirements. Such measures include, for example,
providing a ramp with a steeper slope or widening a doorway to
a narrower width than that mandated by the alterations requirements.
No measure shall be taken, however, that poses a significant risk
to the health or safety of individuals with disabilities or others.
(e) Portable ramps. Portable ramps should
be used to comply with this section only when installation of
a permanent ramp is not readily achievable. In order to avoid
any significant risk to the health or safety of individuals with
disabilities or others in using portable ramps, due consideration
shall be given to safety features such as nonslip surfaces, railings,
anchoring, and strength of materials.
(f) Selling or serving space. The rearrangement
of temporary or movable structures, such as furniture, equipment,
and display racks is not readily achievable to the extent that
it results in a significant loss of selling or serving space.
(g) Limitation on barrier removal obligations.
(1) The requirements for barrier removal under Sec.36.304 shall
not be interpreted to exceed the standards for alterations in
subpart D of this part.
(2) To the extent that relevant standards
for alterations are not provided in subpart D of this part, then
the requirements of Sec.36.304 shall not be interpreted to exceed
the standards for new construction in subpart D of this part.
(3) This section does not apply to rolling
stock and other conveyances to the extent that Sec.36.310 applies
to rolling stock and other conveyances.
Sec.36.305 Alternatives to barrier removal.
(a) General. Where a public accommodation
can demonstrate that barrier removal is not readily achievable,
the public accommodation shall not fail to make its goods, services,
facilities, privileges, advantages, or accommodations available
through alternative methods, if those methods are readily achievable.
(b) Examples. Examples of alternatives to
barrier removal include, but are not limited to, the following
actions --
(1) Providing curb service or home delivery;
(2) Retrieving merchandise from inaccessible
shelves or racks;
(3) Relocating activities to accessible locations;
(c) Multiscreen cinemas. If it is not readily
achievable to remove barriers to provide access by persons with
mobility impairments to all of the theaters of a multiscreen cinema,
the cinema shall establish a film rotation schedule that provides
reasonable access for individuals who use wheelchairs to all films.
Reasonable notice shall be provided to the public as to the location
and time of accessible showings.
Sec.36.306 Personal devices and services.
This part does not require a public accommodation
to provide its customers, clients, or participants with personal
devices, such as wheelchairs; individually prescribed devices,
such as prescription eyeglasses or hearing aids; or services of
a personal nature including assistance in eating, toileting, or
dressing.
Sec.36.307 Accessible or special goods.
(a) This part does not require a public accommodation
to alter its inventory to include accessible or special goods
that are designed for, or facilitate use by, individuals with
disabilities.
(b) A public accommodation shall order accessible
or special goods at the request of an individual with disabilities,
if, in the normal course of its operation, it makes special orders
on request for unstocked goods, and if the accessible or special
goods can be obtained from a supplier with whom the public accommodation
customarily does business.
(c) Examples of accessible or special goods
include items such as Brailled versions of books, books on audio
cassettes, closed-captioned video tapes, special sizes or lines
of clothing, and special foods to meet particular dietary needs.
Sec.36.308 Seating in assembly areas.
(a) Existing facilities. (1) To the extent
that it is readily achievable, a public accommodation in assembly
areas shall --
(i) Provide a reasonable number of wheelchair
seating spaces and seats with removable aisle-side arm rests;
and
(ii) Locate the wheelchair seating spaces so that they --
(A) Are dispersed throughout the seating area;
(B) Provide lines of sight and choice of admission
prices comparable to those for members of the general public;
(C) Adjoin an accessible route that also serves
as a means of egress in case of emergency; and
(D) Permit individuals who use wheelchairs
to sit with family members or other companions.
(2) If removal of seats is not readily achievable,
a public accommodation shall provide, to the extent that it is
readily achievable to do so, a portable chair or other means to
permit a family member or other companion to sit with an individual
who uses a wheelchair.
(3) The requirements of paragraph (a) of this
section shall not be interpreted to exceed the standards for alterations
in subpart D of this part.
(b) New construction and alterations. The
provision and location of wheelchair seating spaces in newly constructed
or altered assembly areas shall be governed by the standards for
new construction and alterations in subpart D of this part.
Sec.36.309 Examinations and courses.
(a) General. Any private entity that offers
examinations or courses related to applications, licensing, certification,
or credentialing for secondary or postsecondary education, professional,
or trade purposes shall offer such examinations or courses in
a place and manner accessible to persons with disabilities or
offer alternative accessible arrangements for such individuals.
(b) Examinations. (1) Any private entity offering
an examination covered by this section must assure that --
(i) The examination is selected and administered
so as to best ensure that, when the examination is administered
to an individual with a disability that impairs sensory, manual,
or speaking skills, the examination results accurately reflect
the individual's aptitude or achievement level or whatever other
factor the examination purports to measure, rather than reflecting
the individual's impaired sensory, manual, or speaking skills
(except where those skills are the factors that the examination
purports to measure);
(ii) An examination that is designed for individuals
with impaired sensory, manual, or speaking skills is offered at
equally convenient locations, as often, and in as timely a manner
as are other examinations; and
(iii) The examination is administered in facilities
that are accessible to individuals with disabilities or alternative
accessible arrangements are made.
(2) Required modifications to an examination
may include changes in the length of time permitted for completion
of the examination and adaptation of the manner in which the examination
is given.
(3) A private entity offering an examination
covered by this section shall provide appropriate auxiliary aids
for persons with impaired sensory, manual, or speaking skills,
unless that private entity can demonstrate that offering a particular
auxiliary aid would fundamentally alter the measurement of the
skills or knowledge the examination is intended to test or would
result in an undue burden. Auxiliary aids and services required
by this section may include taped examinations, interpreters or
other effective methods of making orally delivered materials available
to individuals with hearing impairments, Brailled or large print
examinations and answer sheets or qualified readers for individuals
with visual impairments or learning disabilities, transcribers
for individuals with manual impairments, and other similar services
and actions.
(4) Alternative accessible arrangements may
include, for example, provision of an examination at an individual's
home with a proctor if accessible facilities or equipment are
unavailable. Alternative arrangements must provide comparable
conditions to those provided for nondisabled individuals.
(c) Courses. (1) Any private entity that offers
a course covered by this section must make such modifications
to that course as are necessary to ensure that the place and manner
in which the course is given are accessible to individuals with
disabilities.
(2) Required modifications may include changes
in the length of time permitted for the completion of the course,
substitution of specific requirements, or adaptation of the manner
in which the course is conducted or course materials are distributed.
(3) A private entity that offers a course
covered by this section shall provide appropriate auxiliary aids
and services for persons with impaired sensory, manual, or speaking
skills, unless the private entity can demonstrate that offering
a particular auxiliary aid or service would fundamentally alter
the course or would result in an undue burden. Auxiliary aids
and services required by this section may include taped texts,
interpreters or other effective methods of making orally delivered
materials available to individuals with hearing impairments, Brailled
or large print texts or qualified readers for individuals with
visual impairments and learning disabilities, classroom equipment
adapted for use by individuals with manual impairments, and other
similar services and actions.
(4) Courses must be administered in facilities
that are accessible to individuals with disabilities or alternative
accessible arrangements must be made.
(5) Alternative accessible arrangements may
include, for example, provision of the course through videotape,
cassettes, or prepared notes. Alternative arrangements must provide
comparable conditions to those provided for nondisabled individuals.
Sec.36.310 Transportation provided by public
accommodations.
(a) General. (1) A public accommodation that
provides transportation services, but that is not primarily engaged
in the business of transporting people, is subject to the general
and specific provisions in subparts B, C, and D of this part for
its transportation operations, except as provided in this section.
(2) Examples. Transportation services subject
to this section include, but are not limited to, shuttle services
operated between transportation terminals and places of public
accommodation, customer shuttle bus services operated by private
companies and shopping centers, student transportation systems,
and transportation provided within recreational facilities such
as stadiums, zoos, amusement parks, and ski resorts.
(b) Barrier removal. A public accommodation
subject to this section shall remove transportation barriers in
existing vehicles and rail passenger cars used for transporting
individuals (not including barriers that can only be removed through
the retrofitting of vehicles or rail passenger cars by the installation
of a hydraulic or other lift) where such removal is readily achievable.
(c) Requirements for vehicles and systems.
A public accommodation subject to this section shall comply with
the requirements pertaining to vehicles and transportation systems
in the regulations issued by the Secretary of Transportation pursuant
to section 306 of the Act.
Sec..36.311 -- 36.399 [Reserved]
Subpart D -- New Construction and Alterations
Sec.36.401 New construction.
(a) General. (1) Except as provided in paragraphs
(b) and (c) of this section, discrimination for purposes of this
part includes a failure to design and construct facilities for
first occupancy after January 26, 1993, that are readily accessible
to and usable by individuals with disabilities.
(2) For purposes of this section, a facility
is designed and constructed for first occupancy after January
26, 1993, only --
(i) If the last application for a building
permit or permit extension for the facility is certified to be
complete, by a State, County, or local government after January
26, 1992 (or, in those jurisdictions where the government does
not certify completion of applications, if the last application
for a building permit or permit extension for the facility is
received by the State, County, or local government after January
26, 1992); and
(ii) If the first certificate of occupancy
for the facility is issued after January 26, 1993.
(b) Commercial facilities located in private
residences. (1) When a commercial facility is located in a private
residence, the portion of the residence used exclusively as a
residence is not covered by this subpart, but that portion used
exclusively in the operation of the commercial facility or that
portion used both for the commercial facility and for residential
purposes is covered by the new construction and alterations requirements
of this subpart.
(2) The portion of the residence covered under
paragraph (b)(1) of this section extends to those elements used
to enter the commercial facility, including the homeowner's front
sidewalk, if any, the door or entryway, and hallways; and those
portions of the residence, interior or exterior, available to
or used by employees or visitors of the commercial facility, including
restrooms.
(c) Exception for structural impracticability.
(1) Full compliance with the requirements of this section is not
required where an entity can demonstrate that it is structurally
impracticable to meet the requirements. Full compliance will be
considered structurally impracticable only in those rare circumstances
when the unique characteristics of terrain prevent the incorporation
of accessibility features.
(2) If full compliance with this section would
be structurally impracticable, compliance with this section is
required to the extent that it is not structurally impracticable.
In that case, any portion of the facility that can be made accessible
shall be made accessible to the extent that it is not structurally
impracticable.
(3) If providing accessibility in conformance
with this section to individuals with certain disabilities (e.g.,
those who use wheelchairs) would be structurally impracticable,
accessibility shall nonetheless be ensured to persons with other
types of disabilities (e.g., those who use crutches or who have
sight, hearing, or mental impairments) in accordance with this
section.
(d) Elevator exemption. (1) For purposes of
this paragraph (d) --
(i) Professional office of a health care provider
means a location where a person or entity regulated by a State
to provide professional services related to the physical or mental
health of an individual makes such services available to the public.
The facility housing the ``professional office of a health care
provider'' only includes floor levels housing at least one health
care provider, or any floor level designed or intended for use
by at least one health care provider.
(ii) Shopping center or shopping mall means
--
(A) A building housing five or more sales
or rental establishments; or
(B) A series of buildings on a common site,
either under common ownership or common control or developed either
as one project or as a series of related projects, housing five
or more sales or rental establishments. For purposes of this section,
places of public accommodation of the types listed in paragraph
(5) of the definition of ``place of public accommodation'' in
section Sec.36.104 are considered sales or rental establishments.
The facility housing a ``shopping center or shopping mall'' only
includes floor levels housing at least one sales or rental establishment,
or any floor level designed or intended for use by at least one
sales or rental establishment.
(2) This section does not require the installation
of an elevator in a facility that is less than three stories or
has less than 3000 square feet per story, except with respect
to any facility that houses one or more of the following:
(i) A shopping center or shopping mall, or
a professional office of a health care provider.
(ii) A terminal, depot, or other station used
for specified public transportation, or an airport passenger terminal.
In such a facility, any area housing passenger services, including
boarding and debarking, loading and unloading, baggage claim,
dining facilities, and other common areas open to the public,
must be on an accessible route from an accessible entrance.
(3) The elevator exemption set forth in this
paragraph (d) does not obviate or limit, in any way the obligation
to comply with the other accessibility requirements established
in paragraph (a) of this section. For example, in a facility that
houses a shopping center or shopping mall, or a professional office
of a health care provider, the floors that are above or below
an accessible ground floor and that do not house sales or rental
establishments or a professional office of a health care provider,
must meet the requirements of this section but for the elevator.
Sec.36.402 Alterations.
(a) General. (1) Any alteration to a place
of public accommodation or a commercial facility, after January
26, 1992, shall be made so as to ensure that, to the maximum extent
feasible, the altered portions of the facility are readily accessible
to and usable by individuals with disabilities, including individuals
who use wheelchairs.
(2) An alteration is deemed to be undertaken
after January 26, 1992, if the physical alteration of the property
begins after that date.
(b) Alteration. For the purposes of this part,
an alteration is a change to a place of public accommodation or
a commercial facility that affects or could affect the usability
of the building or facility or any part thereof.
(1) Alterations include, but are not limited
to, remodeling, renovation, rehabilitation, reconstruction, historic
restoration, changes or rearrangement in structural parts or elements,
and changes or rearrangement in the plan configuration of walls
and full-height partitions. Normal maintenance, reroofing, painting
or wallpapering, asbestos removal, or changes to mechanical and
electrical systems are not alterations unless they affect the
usability of the building or facility.
(2) If existing elements, spaces, or common
areas are altered, then each such altered element, space, or area
shall comply with the applicable provisions of appendix A to this
part.
(c) To the maximum extent feasible. The phrase ``to the maximum extent feasible,'' as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).
Sec.36.403 Alterations: Path of travel.
(a) General. An alteration that affects or
could affect the usability of or access to an area of a facility
that contains a primary function shall be made so as to ensure
that, to the maximum extent feasible, the path of travel to the
altered area and the restrooms, telephones, and drinking fountains
serving the altered area, are readily accessible to and usable
by individuals with disabilities, including individuals who use
wheelchairs, unless the cost and scope of such alterations is
disproportionate to the cost of the overall alteration.
(b) Primary function. A ``primary function''
is a major activity for which the facility is intended. Areas
that contain a primary function include, but are not limited to,
the customer services lobby of a bank, the dining area of a cafeteria,
the meeting rooms in a conference center, as well as offices and
other work areas in which the activities of the public accommodation
or other private entity using the facility are carried out. Mechanical
rooms, boiler rooms, supply storage rooms, employee lounges or
locker rooms, janitorial closets, entrances, corridors, and restrooms
are not areas containing a primary function.
(c) Alterations to an area containing a primary
function. (1) Alterations that affect the usability of or access
to an area containing a primary function include, but are not
limited to --
(i) Remodeling merchandise display areas or
employee work areas in a department store;
(ii) Replacing an inaccessible floor surface
in the customer service or employee work areas of a bank;
(iii) Redesigning the assembly line area of
a factory; or
(iv) Installing a computer center in an accounting
firm.
(2) For the purposes of this section, alterations
to windows, hardware, controls, electrical outlets, and signage
shall not be deemed to be alterations that affect the usability
of or access to an area containing a primary function.
(d) Landlord/tenant: If a tenant is making
alterations as defined in Sec.36.402 that would trigger the requirements
of this section, those alterations by the tenant in areas that
only the tenant occupies do not trigger a path of travel obligation
upon the landlord with respect to areas of the facility under
the landlord's authority, if those areas are not otherwise being
altered.
(e) Path of travel. (1) A ``path of travel''
includes a continuous, unobstructed way of pedestrian passage
by means of which the altered area may be approached, entered,
and exited, and which connects the altered area with an exterior
approach (including sidewalks, streets, and parking areas), an
entrance to the facility, and other parts of the facility.
(2) An accessible path of travel may consist
of walks and sidewalks, curb ramps and other interior or exterior
pedestrian ramps; clear floor paths through lobbies, corridors,
rooms, and other improved areas; parking access aisles; elevators
and lifts; or a combination of these elements.
(3) For the purposes of this part, the term
``path of travel'' also includes the restrooms, telephones, and
drinking fountains serving the altered area.
(f) Disproportionality. (1) Alterations made
to provide an accessible path of travel to the altered area will
be deemed disproportionate to the overall alteration when the
cost exceeds 20% of the cost of the alteration to the primary
function area.
(2) Costs that may be counted as expenditures
required to provide an accessible path of travel may include:
(i) Costs associated with providing an accessible
entrance and an accessible route to the altered area, for example,
the cost of widening doorways or installing ramps;
(ii) Costs associated with making restrooms
accessible, such as installing grab bars, enlarging toilet stalls,
insulating pipes, or installing accessible faucet controls;
(iii) Costs associated with providing accessible
telephones, such as relocating the telephone to an accessible
height, installing amplification devices, or installing a telecommunications
device for deaf persons (TDD);
(iv) Costs associated with relocating an inaccessible
drinking fountain.
(g) Duty to provide accessible features in
the event of disproportionality. (1) When the cost of alterations
necessary to make the path of travel to the altered area fully
accessible is disproportionate to the cost of the overall alteration,
the path of travel shall be made accessible to the extent that
it can be made accessible without incurring disproportionate costs.
(2) In choosing which accessible elements
to provide, priority should be given to those elements that will
provide the greatest access, in the following order:
(i) An accessible entrance;
(ii) An accessible route to the altered area;
(iii) At least one accessible restroom for
each sex or a single unisex restroom;
(iv) Accessible telephones;
(v) Accessible drinking fountains; and
(vi) When possible, additional accessible
elements such as parking, storage, and alarms.
(h) Series of smaller alterations. (1) The
obligation to provide an accessible path of travel may not be
evaded by performing a series of small alterations to the area
served by a single path of travel if those alterations could have
been performed as a single undertaking.
(2) (i) If an area containing a primary function
has been altered without providing an accessible path of travel
to that area, and subsequent alterations of that area, or a different
area on the same path of travel, are undertaken within three years
of the original alteration, the total cost of alterations to the
primary function areas on that path of travel during the preceding
three year period shall be considered in determining whether the
cost of making that path of travel accessible is disproportionate.
(ii) Only alterations undertaken after January
26, 1992, shall be considered in determining if the cost of providing
an accessible path of travel is disproportionate to the overall
cost of the alterations.
Sec.36.404 Alterations: Elevator exemption.
(a) This section does not require the installation
of an elevator in an altered facility that is less than three
stories or has less than 3,000 square feet per story, except with
respect to any facility that houses a shopping center, a shopping
mall, the professional office of a health care provider, a terminal,
depot, or other station used for specified public transportation,
or an airport passenger terminal.
(1) For the purposes of this section, ``professional
office of a health care provider'' means a location where a person
or entity regulated by a State to provide professional services
related to the physical or mental health of an individual makes
such services available to the public. The facility that houses
a ``professional office of a health care provider'' only includes
floor levels housing by at least one health care provider, or
any floor level designed or intended for use by at least one health
care provider.
(2) For the purposes of this section, shopping
center or shopping mall means --
(i) A building housing five or more sales
or rental establishments; or
(ii) A series of buildings on a common site,
connected by a common pedestrian access route above or below the
ground floor, that is either under common ownership or common
control or developed either as one project or as a series of related
projects, housing five or more sales or rental establishments.
For purposes of this section, places of public accommodation of
the types listed in paragraph (5) of the definition of ``place
of public accommodation'' in Sec.36.104 are considered sales or
rental establishments. The facility housing a ``shopping center
or shopping mall'' only includes floor levels housing at least
one sales or rental establishment, or any floor level designed
or intended for use by at least one sales or rental establishment.
(b) The exemption provided in paragraph (a)
of this section does not obviate or limit in any way the obligation
to comply with the other accessibility requirements established
in this subpart. For example, alterations to floors above or below
the accessible ground floor must be accessible regardless of whether
the altered facility has an elevator.
Sec.36.405 Alterations: Historic preservation.
(a) Alterations to buildings or facilities
that are eligible for listing in the National Register of Historic
Places under the National Historic Preservation Act (16 U.S.C.
470 et seq.), or are designated as historic under State or local
law, shall comply to the maximum extent feasible with section
4.1.7 of appendix A to this part.
(b) If it is determined under the procedures
set out in section 4.1.7 of appendix A that it is not feasible
to provide physical access to an historic property that is a place
of public accommodation in a manner that will not threaten or
destroy the historic significance of the building or facility,
alternative methods of access shall be provided pursuant to the
requirements of subpart C of this part.
Sec.36.406 Standards for new construction
and alterations.
(a) New construction and alterations subject
to this part shall comply with the standards for accessible design
published as appendix A to this part (ADAAG).
(b) The chart in the appendix to this section
provides guidance to the user in reading appendix A to this part
(ADAAG) together with subparts A through D of this part, when
determining requirements for a particular facility.
Appendix to Sec.36.406
This chart has no effect for purposes of compliance
or enforcement. It does not necessarily provide complete or mandatory
(TABLE START) information.
@h1 @h1Subparts A - D@h1ADAAG
Application, General .... 36.102(b)(3): public
accommodations 36.102(c): commercial facilities 36.102(e): public
entities 36.103 (other laws) 36.401 (``for first occupancy'')
36.402(a) (alterations) .... 1, 2, 3, 4.1.1.
Definitions .... 36.104: commercial facilities,
facility, place of public accommodation, private club, public
accommodation, public entity, religious entity .... 3.5 Definitions,
including: addition, alteration, building, element, facility,
space, story.
.... 36.401(d)(1)(ii), 36.404(a)(2): shopping
center orshopping mall 36.401(d)(1)(i), 36.404(a)(1): professional
office of a health care provider 36.402: alteration; usability
36.402(c): to the maximum extent feasible .... 4.1.6(j), technical
infeasibility.
New Construction: .... 36.401(a) General
.... 4.1.2.
General .... 36.401(b) Commercial facilities
in private residences 36.207 Places of public accommodation in
private residences .... 4.1.3.
Work Areas .... .... 4.1.1(3).
Structural Impracticability .... 36.401(c)
.... 4.1.1(5)(a).
Elevator Exemption .... 36.401(d) 36.404
.... 4.1.3(5).
Other Exceptions .... .... 4.1.1(5), 4.1.3(5)
and throughout.
Alterations: General .... 36.401(b): commercial
facilities in private residences
.... 36.402 .... 4.1.6(1).
Alterations Affecting an Area Containing A
Primary Function; Path of Travel; Disproportionality .... 36.403
.... 4.1.6(2).
Alterations: Special Technical Provisions
.... .... 4.1.6(3).
Additions .... 36.401 - 36.405 .... 4.1.5.
Historic Preservation .... 36.405 .... 4.1.7.
Technical Provisions .... .... 4.2 through
4.35.
Restaurants and Cafeterias .... .... 5.
Medical Care Facilities .... .... 6.
Business and Mercantile .... .... 7.
Libraries .... .... 8.
Transient Lodging (Hotels, Homeless Shelters,
Etc.) .... .... 9.
Transportation Facilities .... .... 10.
(TABLE END)
[Order No. 1513 - 91, 56 FR 35592, July 26,
1991, as amended by Order No. 1836 - 94, 59 FR 2675, Jan. 18,
1994]
Sec.36.407 Temporary suspension of certain
detectable warning requirements.
The requirements contained in sections 4.7.7,
4.29.5, and 4.29.6 of appendix A to this part are suspended temporarily
until July 26, 1996.
[Order No. 1852 - 94, 59 FR 17446, Apr. 12,
1994]
Sec..36.408 -- 36.499 [Reserved]
Subpart E -- Enforcement
Sec.36.501 Private suits.
(a) General. Any person who is being subjected
to discrimination on the basis of disability in violation of the
Act or this part or who has reasonable grounds for believing that
such person is about to be subjected to discrimination in violation
of section 303 of the Act or subpart D of this part may institute
a civil action for preventive relief, including an application
for a permanent or temporary injunction, restraining order, or
other order. Upon timely application, the court may, in its discretion,
permit the Attorney General to intervene in the civil action if
the Attorney General or his or her designee certifies that the
case is of general public importance. Upon application by the
complainant and in such circumstances as the court may deem just,
the court may appoint an attorney for such complainant and may
authorize the commencement of the civil action without the payment
of fees, costs, or security. Nothing in this section shall require
a person with a disability to engage in a futile gesture if the
person has actual notice that a person or organization covered
by title III of the Act or this part does not intend to comply
with its provisions.
(b) Injunctive relief. In the case of violations
of Sec.36.304, Sec..36.308, 36.310(b), 36.401, 36.402, 36.403,
and 36.405 of this part, injunctive relief shall include an order
to alter facilities to make such facilities readily accessible
to and usable by individuals with disabilities to the extent required
by the Act or this part. Where appropriate, injunctive relief
shall also include requiring the provision of an auxiliary aid
or service, modification of a policy, or provision of alternative
methods, to the extent required by the Act or this part.
Sec.36.502 Investigations and compliance reviews.
(a) The Attorney General shall investigate
alleged violations of the Act or this part.
(b) Any individual who believes that he or
she or a specific class of persons has been subjected to discrimination
prohibited by the Act or this part may request the Department
to institute an investigation.
(c) Where the Attorney General has reason
to believe that there may be a violation of this part, he or she
may initiate a compliance review.
Sec.36.503 Suit by the Attorney General.
Following a compliance review or investigation
under Sec.36.502, or at any other time in his or her discretion,
the Attorney General may commence a civil action in any appropriate
United States district court if the Attorney General has reasonable
cause to believe that --
(a) Any person or group of persons is engaged
in a pattern or practice of discrimination in violation of the
Act or this part; or
(b) Any person or group of persons has been
discriminated against in violation of the Act or this part and
the discrimination raises an issue of general public importance.
Sec.36.504 Relief.
(a) Authority of court. In a civil action
under Sec.36.503, the court --
(1) May grant any equitable relief that such
court considers to be appropriate, including, to the extent required
by the Act or this part --
(i) Granting temporary, preliminary, or permanent
relief;
(ii) Providing an auxiliary aid or service,
modification of policy, practice, or procedure, or alternative
method; and
(iii) Making facilities readily accessible to and usable by individuals with disabilities;
(2) May award other relief as the court considers
to be appropriate, including monetary damages to persons aggrieved
when requested by the Attorney General; and
(3) May, to vindicate the public interest,
assess a civil penalty against the entity in an amount
(i) Not exceeding $50,000 for a first violation;
and
(ii) Not exceeding $100,000 for any subsequent
violation.
(b) Single violation. For purposes of paragraph
(a) (3) of this section, in determining whether a first or subsequent
violation has occurred, a determination in a single action, by
judgment or settlement, that the covered entity has engaged in
more than one discriminatory act shall be counted as a single
violation.
(c) Punitive damages. For purposes of paragraph
(a)(2) of this section, the terms ``monetary damages'' and ``such
other relief'' do not include punitive damages.
(d) Judicial consideration. In a civil action
under Sec.36.503, the court, when considering what amount of civil
penalty, if any, is appropriate, shall give consideration to any
good faith effort or attempt to comply with this part by the entity.
In evaluating good faith, the court shall consider, among other
factors it deems relevant, whether the entity could have reasonably
anticipated the need for an appropriate type of auxiliary aid
needed to accommodate the unique needs of a particular individual
with a disability.
Sec.36.505 Attorneys fees.
In any action or administrative proceeding
commenced pursuant to the Act or this part, the court or agency,
in its discretion, may allow the prevailing party, other than
the United States, a reasonable attorney's fee, including litigation
expenses, and costs, and the United States shall be liable for
the foregoing the same as a private individual.
Sec.36.506 Alternative means of dispute resolution.
Where appropriate and to the extent authorized
by law, the use of alternative means of dispute resolution, including
settlement negotiations, conciliation, facilitation, mediation,
factfinding, minitrials, and arbitration, is encouraged to resolve
disputes arising under the Act and this part.
Sec.36.507 Effect of unavailability of technical
assistance.
A public accommodation or other private entity
shall not be excused from compliance with the requirements of
this part because of any failure to receive technical assistance,
including any failure in the development or dissemination of any
technical assistance manual authorized by the Act.
Sec.36.508 Effective date.
(a) General. Except as otherwise provided
in this section and in this part, this part shall become effective
on January 26, 1992.
(b) Civil actions. Except for any civil action
brought for a violation of section 303 of the Act, no civil action
shall be brought for any act or omission described in section
302 of the Act that occurs --
(1) Before July 26, 1992, against businesses
with 25 or fewer employees and gross receipts of $1,000,000 or
less.
(2) Before January 26, 1993, against businesses
with 10 or fewer employees and gross receipts of $500,000 or less.
(c) Transportation services provided by public
accommodations. Newly purchased or leased vehicles required to
be accessible by Sec.36.310 must be readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, if the solicitation for the vehicle is made
after August 25, 1990.
Sec..36.509 -- 36.599 [Reserved]
Subpart F -- Certification of State Laws or
Local Building Codes
Sec.36.601 Definitions.
Assistant Attorney General means the Assistant
Attorney General for Civil Rights or his or her designee.
Certification of equivalency means a final
certification that a code meets or exceeds the minimum requirements
of title III of the Act for accessibility and usability of facilities
covered by that title.
Code means a State law or local building code
or similar ordinance, or part thereof, that establishes accessibility
requirements.
Model code means a nationally recognized document
developed by a private entity for use by State or local jurisdictions
in developing codes as defined in this section. A model code is
intended for incorporation by reference or adoption in whole or
in part, with or without amendment, by State or local jurisdictions.
Preliminary determination of equivalency means
a preliminary determination that a code appears to meet or exceed
the minimum requirements of title III of the Act for accessibility
and usability of facilities covered by that title.
Submitting official means the State or local
official who --
(1) Has principal responsibility for administration
of a code, or is authorized to submit a code on behalf of a jurisdiction;
and
(2) Files a request for certification under
this subpart.
Sec.36.602 General rule.
On the application of a State or local government,
the Assistant Attorney General may certify that a code meets or
exceeds the minimum requirements of the Act for the accessibility
and usability of places of public accommodation and commercial
facilities under this part by issuing a certification of equivalency.
At any enforcement proceeding under title III of the Act, such
certification shall be rebuttable evidence that such State law
or local ordinance does meet or exceed the minimum requirements
of title III.
Sec.36.603 Filing request for certification.
(a) A submitting official may file a request
for certification of a code under this subpart.
(b) Before filing a request for certification
of a code, the submitting official shall ensure that --
(1) Adequate public notice of intention to
file a request for certification, notice of a hearing, and notice
of the location at which the request and materials can be inspected
is published within the relevant jurisdiction;
(2) Copies of the proposed request and supporting
materials are made available for public examination and copying
at the office of the State or local agency charged with administration
and enforcement of the code; and
(3) The local or State jurisdiction holds
a public hearing on the record, in the State or locality, at which
the public is invited to comment on the proposed request for certification.
(c) The submitting official shall include
the following materials and information in support of the request:
(1) The text of the jurisdiction's code; any
standard, regulation, code, or other relevant document incorporated
by reference or otherwise referenced in the code; the law creating
and empowering the agency; any relevant manuals, guides, or any
other interpretive information issued that pertain to the code;
and any formal opinions of the State Attorney General or the chief
legal officer of the jurisdiction that pertain to the code;
(2) Any model code or statute on which the
pertinent code is based, and an explanation of any differences
between the model and the pertinent code;
(3) A transcript of the public hearing required
by paragraph (b)(3) of this section; and
(4) Any additional information that the submitting
official may wish to be considered.
(d) The submitting official shall file the
original and one copy of the request and of supporting materials
with the Assistant Attorney General. The submitting official shall
clearly label the request as a ``request for certification'' of
a code. A copy of the request and supporting materials will be
available for public examination and copying at the offices of
the Assistant Attorney General in Washington, DC. The submitting
official shall ensure that copies of the request and supporting
materials are available for public examination and copying at
the office of the State or local agency charged with administration
and enforcement of the code. The submitting official shall ensure
that adequate public notice of the request for certification and
of the location at which the request and materials can be inspected
is published within the relevant jurisdiction.
(e) Upon receipt of a request for certification,
the Assistant Attorney General may request further information
that he or she considers relevant to the determinations required
to be made under this subpart.
(Approved by the Office of Management and Budget
under control number 1190 - 0005)
[56 FR 35592, July 26, 1991, as amended by
Order No. 1679 - 93, 58 FR 17522, Apr. 5, 1993]
Sec.36.604 Preliminary determination.
After consultation with the Architectural
and Transportation Barriers Compliance Board, the Assistant Attorney
General shall make a preliminary determination of equivalency
or a preliminary determination to deny certification.
Sec.36.605 Procedure following preliminary
determination of equivalency.
(a) If the Assistant Attorney General makes
a preliminary determination of equivalency under Sec.36.604, he
or she shall inform the submitting official, in writing, of that
preliminary determination. The Assistant Attorney General shall
also --
(1) Publish a notice in the Federal Register
that advises the public of the preliminary determination of equivalency
with respect to the particular code, and invite interested persons
and organizations, including individuals with disabilities, during
a period of at least 60 days following publication of the notice,
to file written comments relevant to whether a final certification
of equivalency should be issued;
(2) After considering the information received
inresponse to the notice described in paragraph (a) of this section,
and after publishing a separate notice in the Federal Register,
hold an informal hearing in Washington, DC at which interested
persons, including individuals with disabilities, are provided
an opportunity to express their views with respect to the preliminary
determination of equivalency; and
(b) The Assistant Attorney General, after
consultation with the Architectural and Transportation Barriers
Compliance Board, and consideration of the materials and information
submitted pursuant to this section and Sec.36.603, shall issue
either a certification of equivalency or a final determination
to deny the request for certification. He or she shall publish
notice of the certification of equivalency or denial of certification
in the Federal Register.
Sec.36.606 Procedure following preliminary
denial of certification.
(a) If the Assistant Attorney General makes
a Preliminary determination to deny certification of a code under
Sec.36.604, he or she shall notify the submitting official of
the determination. The notification may include specification
of the manner in which the code could be amended in order to qualify
for certification.
(b) The Assistant Attorney General shall allow
the submitting official not less than 15 days to submit data,
views, and arguments in opposition to the preliminary determination
to deny certification. If the submitting official does not submit
materials, the Assistant Attorney General shall not be required
to take any further action. If the submitting official submits
materials, the Assistant Attorney General shall evaluate those
materials and any other relevant information. After evaluation
of any newly submitted materials, the Assistant Attorney General
shall make either a final denial of certification or a preliminary
determination of equivalency.
Sec.36.607 Effect of certification.
(a)(1) A certification shall be considered
a certification of equivalency only with respect to those features
or elements that are both covered by the certified code and addressed
by the standards against which equivalency is measured.
(2) For example, if certain equipment is not
covered by the code, the determination of equivalency cannot be
used as evidence with respect to the question of whether equipment
in a building built according to the code satisfies the Act's
requirements with respect to such equipment. By the same token,
certification would not be relevant to construction of a facility
for children, if the regulations against which equivalency is
measured do not address children's facilities.
(b) A certification of equivalency is effective
only with respect to the particular edition of the code for which
certification is granted. Any amendments or other changes to the
code after the date of the certified edition are not considered
part of the certification.
(c) A submitting official may reapply for
certification of amendments or other changes to a code that has
already received certification.
Sec.36.608 Guidance concerning model codes.
Upon application by an authorized representative
of a private entity responsible for developing a model code, the
Assistant Attorney General may review the relevant model code
and issue guidance concerning whether and in what respects the
model code is consistent with the minimum requirements of the
Act for the accessibility and usability of places of public accommodation
and commercial facilities under this part.
Pt. 36, App. A
Appendix A to Part 36 -- Standards for Accessible
Design
1. PURPOSE . . . . . . . . . . . . . . . .
. . . . . . . . . . 1
2. GENERAL. . . . . . . . . . . . . . . .
. . . . . . . . . . 1 2.1 Provisions for Adults . . . . . .
. . . . . . . . . . 1 2.2* Equivalent Facilitation. . . . .
. . . . . . . . . . 1
3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS
. . . . . . . . 1 3.1 Graphic Conventions . . . . . . . . .
. . . . . . . . 1 3.2 Dimensional Tolerances. . . . . . . .
. . . . . . . . 1 3.3 Notes . . . . . . . . . . . . . . . .
. . . . . . . . 1 3.4 General Terminology . . . . . . . . .
. . . . . . . . 2 3.5 Definitions . . . . . . . . . . . . .
. . . . . . . . 2
4. ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL
REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . 7 4.1 Minimum Requirements . . . . . . . . . . . . . . . . 7 4.1.1* Application . . . . . . . . . . . . . . . . . . . 7 4.1.2 Accessible Sites and Exterior Facilities:
New Construction. . . . . . . . . . . .
. . . 9 4.1.3 Accessible Buildings: New Construction . .
. . . . 11 4.1.4 (Reserved) . . . . . . . . . . . . . . . .
. . . . 18 4.1.5 Accessible Buildings: Additions. . . . . .
. . . . 18 4.1.6 Accessible Buildings: Alterations. . . . .
. . . . 18 4.1.7 Accessible Buildings: Historic Preservation.
. . . 23 4.2 Space Allowance and Reach Ranges . . . . . . .
. . . 25 4.3 Accessible Route . . . . . . . . . . . . . . .
. . . 26 4.4 Protruding Objects . . . . . . . . . . . . . .
. . . 29 4.5 Ground and Floor Surfaces . . . . . . . . . .
. . . 30 4.6 Parking and Passenger Loading Zones . . . . .
. . . 30 4.7 Curb Ramps . . . . . . . . . . . . . . . . . .
. . . 31 4.8 Ramps . . . . . . . . . . . . . . . . . . . .
. . . 32 4.9 Stairs . . . . . . . . . . . . . . . . . . . .
. . . 34 4.10 Elevators . . . . . . . . . . . . . . . . . .
. . . 35 4.11 Platform Lifts (Wheelchair Lifts) . . . . . .
. . . 38 4.12 Windows . . . . . . . . . . . . . . . . . . .
. . . 38 4.13 Doors . . . . . . . . . . . . . . . . . . . .
. . . 39 4.14 Entrances . . . . . . . . . . . . . . . . . .
. . . 41 4.15 Drinking Fountains and Water Coolers . . . .
. . . 41 4.16 Water Closets . . . . . . . . . . . . . . . .
. . . 42 4.17 Toilet Stalls . . . . . . . . . . . . . . . .
. . . 42 4.18 Urinals . . . . . . . . . . . . . . . . . . .
. . . 43 4.19 Lavatories and Mirrors . . . . . . . . . . .
. . . 44 4.20 Bathtubs . . . . . . . . . . . . . . . . . .
. . . 44 4.21 Shower Stalls . . . . . . . . . . . . . . . .
. . . 45 4.22 Toilet Rooms . . . . . . . . . . . . . . . .
. . . 46 4.23 Bathrooms, Bathing Facilities, and Shower Rooms
. . 47 4.24 Sinks . . . . . . . . . . . . . . . . . . . . .
. . 48 4.25 Storage . . . . . . . . . . . . . . . . . . . .
. . 48 4.26 Handrails, Grab Bars, and Tub and Shower Seats
. . 49 4.27 Controls and Operating Mechanisms . . . . . . .
. . 50 4.28 Alarms . . . . . . . . . . . . . . . . . . . .
. . 50 4.29 Detectable Warnings . . . . . . . . . . . . . .
. . 52 4.30 Signage . . . . . . . . . . . . . . . . . . . .
. . 52 4.31 Telephones . . . . . . . . . . . . . . . . . .
. . 54 4.32 Fixed or Built-in Seating and Tables . . . . .
. . 55 4.33 Assembly Areas . . . . . . . . . . . . . . . .
. . 56 4.34 Automated Teller Machines . . . . . . . . . . .
. . 57 4.35 Dressing and Fitting Rooms . . . . . . . . . .
. . 57
5. RESTAURANTS AND CAFETERIAS. . . . . . .
. . . . . . . . . . 58
6. MEDICAL CARE FACILITIES . . . . . . . .
. . . . . . . . . . 59
7. BUSINESS AND MERCANTILE . . . . . . . .
. . . . . . . . . . 61
8. LIBRARIES . . . . . . . . . . . . . . .
. . . . . . . . . . 63
9. ACCESSIBLE TRANSIENT LODGING. . . . . .
. . . . . . . . . . 63
10. TRANSPORTATION FACILITIES. . . . . . .
. . . . . . . . . . 70
APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
1. PURPOSE.
This document sets guidelines for accessibility to places of public accommodation and commercial facilities by individuals with disabilities. These guidelines are to be applied during the design, construction, and alteration of such buildings and
facilities to the extent required by regulations
issued by Federal agencies, including the Department of Justice,
under the Americans with Disabilities Act of 1990.
The technical specifications 4.2 through 4.35,
of these guidelines are the same as those of the American National
Standard Institute's document A117.1-1980, except as noted in
this text by italics. However, sections 4.1.1 through 4.1.7 and
sections 5 through 10 are different from ANSI A117.1 in their
entirety and are printed in standard type.
The illustrations and text of ANSI A117.1 are
reproduced with permission from the American National Standards
Institute. Copies of the standard may be purchased from the American
National Standards Institute at 1430 Broadway, New York, New York
10018.
2. GENERAL.
2.1 Provisions for Adults. The specifications
in these guidelines are based upon adult dimensions and anthropometrics.
2.2* Equivalent Facilitation. Departures from
particular technical and scoping requirements of this guideline
by the use of other designs and technologies are permitted where
the alternative designs and technologies used will provide substantially
equivalent or greater access to and usability of the facility.
3. MISCELLANEOUS INSTRUCTIONS AND DEFINITIONS.
3.1 Graphic Conventions. Graphic conventions
are shown in Table 1. Dimensions that are not marked minimum
or maximum are absolute, unless otherwise indicated in the text
or captions.
3.2 Dimensional Tolerances. All dimensions are subject to
conventional building industry tolerances for
field conditions.
3.3 Notes. The text of these guidelines does
not contain notes or footnotes. Additional information, explanations,
and advisory materials are located in the Appendix. Paragraphs
marked with an asterisk have related, nonmandatory material in
the Appendix. In the Appendix, the corresponding paragraph numbers
are preceded by an A.
3.4 General Terminology.
comply with. Meet one or more specifications
of these guidelines.
if, if ... then. Denotes a specification that
applies only when the conditions described are present.
may. Denotes an option or alternative.
shall. Denotes a mandatory specification or
requirement.
should. Denotes an advisory specification
or recommendation.
3.5 Definitions.
Access Aisle. An accessible pedestrian space between elements, such as parking spaces, seating, and desks, that provides
clearances appropriate for use of the elements.
Accessible. Describes a site, building, facility,
or portion thereof that complies with these guidelines.
Accessible Element. An element specified by
these guidelines (for example, telephone, controls, and the like).
Accessible Route. A continuous unobstructed
path connecting all accessible elements and spaces of a building
or facility. Interior accessible routes may include corridors,
floors, ramps, elevators, lifts, and clear floor space at fixtures.
Exterior accessible routes may include parking access aisles,
curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.
Accessible Space. Space that complies with
these guidelines.
Adaptability. The ability of certain building
spaces and elements, such as kitchen counters, sinks, and grab
bars, to be added or altered so as to accommodate the needs of
individuals with or without disabilities or to accommodate the
needs of persons with different types or degrees of disability.
Addition. An expansion, extension, or increase
in the gross floor area of a building or facility.
Administrative Authority. A governmental agency
that adopts or enforces regulations and guidelines for the design,
construction, or alteration of buildings and facilities.
Alteration. An alteration is a change to a
building or facility made by, on behalf of, or for the use of
a public accommodation or commercial facility, that affects or
could affect the usability of the building or facility or part
thereof. Alterations include, but are not limited to, remodeling,
renovation, rehabilitation, reconstruction, historic restoration,
changes or rearrangement of the structural parts or elements,
and changes or rearrangement in the plan configuration of walls
and full-height partitions. Normal maintenance, reroofing, painting
or wallpapering, or changes to mechanical and electrical systems
are not alterations unless they affect the usability of the building
or facility.
Area of Rescue Assistance. An area, which has direct access to an exit, where people who are unable to use stairs may remain
temporarily in safety to await further instructions
or assistance during emergency evacuation.
Assembly Area. A room or space accommodating a group of
individuals for recreational, educational,
political, social, or amusement purposes, or for the consumption
of food and drink. Automatic Door. A door equipped with a power-operated
mechanism and controls that open and close the door automatically
upon receipt of a momentary actuating signal. The switch that
begins the automatic cycle may be a photoelectric device, floor
mat, or manual switch (see power-assisted door).
Building. Any structure used and intended
for supporting or sheltering any use or occupancy.
Circulation Path. An exterior or interior
way of passage from one place to another for pedestrians, including,
but not limited to, walks, hallways, courtyards, stairways, and
stair landings.
Clear. Unobstructed.
Clear Floor Space. The minimum unobstructed
floor or ground space required to accommodate a single, stationary
wheelchair and occupant.
Closed Circuit Telephone. A telephone with
dedicated line(s) such as a house phone, courtesy phone or phone
that must be used to gain entrance to a facility.
Common Use. Refers to those interior and exterior
rooms, spaces, or elements that are made available for the use
of a restricted group of people (for example, occupants of a homeless
shelter, the occupants of an office building, or the guests of
such occupants).
Cross Slope. The slope that is perpendicular
to the direction of travel (see running slope).
Curb Ramp. A short ramp cutting through a
curb or built up to it.
Detectable Warning. A standardized surface
feature built in or applied to walking surfaces or other elements
to warn visually impaired people of hazards on a circulation path.
Dwelling Unit. A single unit which provides
a kitchen or food preparation area, in addition to rooms and spaces
for living, bathing, sleeping, and the like. Dwelling units include
a single family home or a townhouse used as a transient group
home; an apartment building used as a shelter; guestrooms in
a hotel that provide sleeping accommodations and food preparation
areas; and other similar facilities used on a transient basis.
For purposes of these guidelines, use of the term "Dwelling
Unit" does not imply the unit is used as a residence.
Egress, Means of. A continuous and unobstructed
way of exit travel from any point in a building or facility to
a public way. A means of egress comprises vertical and horizontal
travel and may include intervening room spaces, doorways, hallways,
corridors, passageways, balconies, ramps, stairs, enclosures,
lobbies, horizontal exits, courts and yards. An accessible means
of egress is one that complies with these guidelines and does
not include stairs, steps, or escalators. Areas of rescue assistance
or evacuation elevators may be included as part of accessible
means of egress.
Element. An architectural or mechanical component
of a building, facility, space, or site, e.g., telephone, curb
ramp, door, drinking fountain, seating, or water closet.
Entrance. Any access point to a building or
portion of a building or facility used for the purpose of entering.
An entrance includes the approach walk, the vertical access leading
to the entrance platform, the entrance platform itself, vestibules
if provided, the entry door(s) or gate(s), and the hardware of
the entry door(s) or gate(s).
Facility. All or any portion of buildings,
structures, site improvements, complexes, equipment, roads, walks,
passageways, parking lots, or other real or personal property
located on a site.
Ground Floor. Any occupiable floor less than
one story above or below grade with direct access to grade. A
building or facility always has at least one ground floor and
may have more than one ground floor as where a split level entrance
has been provided or where a building is built into a hillside.
Mezzanine or Mezzanine Floor. That portion
of a story which is an intermediate floor level placed within
the story and having occupiable space above and below its floor.
Marked Crossing. A crosswalk or other identified
path intended for pedestrian use in crossing a vehicular way.
Multifamily Dwelling. Any building containing
more than two dwelling units.
Occupiable. A room or enclosed space designed
for human occupancy in which individuals congregate for amusement,
educational or similar purposes, or in which occupants are engaged
at labor, and which is equipped with means of egress, light, and
ventilation.
Operable Part. A part of a piece of equipment
or appliance used to insert or withdraw objects, or to activate,
deactivate, or adjust the equipment or appliance (for example,
coin slot, pushbutton, handle).
Path of Travel. (Reserved).
Power-assisted Door. A door used for human passage with a
mechanism that helps to open the door, or relieves the opening resistance of a door, upon the activation of a switch or a
continued force applied to the door itself.
Public Use. Describes interior or exterior
rooms or spaces that are made available to the general public.
Public use may be provided at a building or facility that is
privately or publicly owned.
Ramp. A walking surface which has a running
slope greater than 1:20.
Running Slope. The slope that is parallel
to the direction of travel (see cross slope).
Service Entrance. An entrance intended primarily
for delivery of goods or services.
Signage. Displayed verbal, symbolic, tactile,
and pictorial information.
Site. A parcel of land bounded by a property
line or a designated portion of a public right-of-way.
Site Improvement. Landscaping, paving for
pedestrian and vehicular ways, outdoor lighting, recreational
facilities, and the like, added to a site.
Sleeping Accommodations. Rooms in which people
sleep; for example, dormitory and hotel or motel guest rooms or
suites.
Space. A definable area, e.g., room, toilet
room, hall, assembly area, entrance, storage room, alcove, courtyard,
or lobby.
Story. That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. If such portion of a building does not include occupiable space, it is not considered a story for purposes of these
guidelines. There may be more than one floor
level within a story as in the case of a mezzanine or mezzanines.
Structural Frame. The structural frame shall
be considered to be the columns and the girders, beams, trusses
and spandrels having direct connections to the columns and all
other members which are essential to the stability of the building
as a whole.
Tactile. Describes an object that can be perceived
using the sense of touch.
Text Telephone. Machinery or equipment that employs interactive graphic (i.e., typed) communications through the transmission of coded signals across the standard telephone network. Text
telephones can include, for example, devices
known as TDD's (telecommunication display devices or telecommunication
devices for deaf persons) or computers.
Transient Lodging. A building, facility, or
portion thereof, excluding inpatient medical care facilities,
that contains one or more dwelling units or sleeping accommodations.
Transient lodging may include, but is not limited to, resorts,
group homes, hotels, motels, and dormitories.
Vehicular Way. A route intended for vehicular
traffic, such as a street, driveway, or parking lot.
Walk. An exterior pathway with a prepared
surface intended for pedestrian use, including general pedestrian
areas such as plazas and courts.
NOTE: Sections 4.1.1 through 4.1.7 are different
from ANSI A117.1 in their entirety and are printed in standard
type (ANSI A117.1 does not include scoping provisions).
4. ACCESSIBLE ELEMENTS AND SPACES: SCOPE AND TECHNICAL
REQUIREMENTS.
4.1 Minimum Requirements
4.1.1* Application.
(1) General. All areas of newly designed or newly constructed buildings and facilities required to be accessible by 4.1.2 and 4.1.3 and altered portions of existing buildings and facilities required to be accessible by 4.1.6 shall comply with these
guidelines, 4.1 through 4.35, unless otherwise
provided in this section or as modified in a special application
section.
(2) Application Based on Building Use. Special application sections 5 through 10 provide additional requirements for
restaurants and cafeterias, medical care facilities, business and mercantile, libraries, accessible transient lodging, and
transportation facilities. When a building
or facility contains more than one use covered by a special application
section, each portion shall comply with the requirements for that
use.
(3)* Areas Used Only by Employees as Work
Areas. Areas that are used only as work areas shall be designed
and constructed so that individuals with disabilities can approach,
enter, and exit the areas. These guidelines do not require that
any areas used only as work areas be constructed to permit maneuvering
within the work area or be constructed or equipped (i.e., with
racks or shelves) to be accessible.
(4) Temporary Structures. These guidelines
cover temporary buildings or facilities as well as permanent facilities.
Temporary buildings and facilities are not of permanent construction
but are extensively used or are essential for public use for a
period of time. Examples of temporary buildings or facilities
covered by these guidelines include, but are not limited to: reviewing
stands, temporary classrooms, bleacher areas, exhibit areas, temporary
banking facilities, temporary health screening services, or temporary
safe pedestrian passageways around a construction site. Structures,
sites and equipment directly associated with the actual processes
of construction, such as scaffolding, bridging, materials hoists,
or construction trailers are not included.
(5) General Exceptions.
(a) In new construction, a person or entity is not required to meet fully the requirements of these guidelines where that person or entity can demonstrate that it is structurally impracticable to do so. Full compliance will be considered structurally
impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of
accessibility features. If full compliance with the requirements of these guidelines is structurally impracticable, a person or entity shall comply with the requirements to the extent it is not structurally impracticable. Any portion of the building or facility which can be made accessible shall comply to the extent that it is not structurally impracticable.
(b) Accessibility is not required to (i) observation galleries used primarily for security purposes; or (ii) in non-occupi