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ADA Accessibility Guidelines Undergo Recent Changes

If you have new construction or an alteration planned for your facility, be aware of the recent changes to the ADA Accessibility Guidelines (hereafter “guidelines” or “ADAAG”).

On July 23, 2004, during the IAAM Annual Conference in Reno, the United States Architectural and Transportation Barriers Compliance Board (“Access Board”) announced the release of new design guidelines that cover access for people with disabilities under the landmark Americans with Disabilities Act (ADA) of 1990.

The guidelines update access requirements for a wide range of facilities in the public and private sectors covered by the law. The Access Board’s guidelines detail how accessibility is to be achieved in new construction and alterations and provide specifications for various building elements and spaces, including entrances, ramps, parking, assembly seating, restrooms, and telephones, among others.

This revised document updates the Board’s guidelines and has been in process since the initial proposed changes were published in the Federal Register on November 16, 1999. This is the first step of a two-stage process that will result in new ADA standards. Prior to the Access Board guidelines having the force and effect of law, the Department of Justice (“DOJ”) must formally adopt the Access Board guidelines by following the administrative rulemaking process and issuing its proposed and then final rules that address the enforcement of the Access Board’s guidelines. IAAM will keep you informed about the status of the DOJ rules and we will have an opportunity to make comments on the proposed DOJ enforcement regulations.

Below are a few of the changes that will affect public assembly facilities. A more complete article on the changes may be found at www.iaam.org (Media and Industry News link). It should be noted that some of the changes to the proposed guidelines, especially the changes in the scoping percentages of wheelchair seating, were made as a direct result of IAAM’s comments to the Access Board on the overall impact the proposed regulations would have on our industry.

ASSEMBLY SEATING

The Assembly Seating Sections have been substantially revised and reorganized. It covers assembly areas and lawn seating as well. The major changes are as follows:

Wheelchair Seating

The number of required wheelchair seating spaces has been changed and a tiered approach has been adopted, rather than a flat 1% + 1 ratio. Assembly areas greater than 500 seats and less than 5,000 seats have a decreased ratio of required seating to more accurately match the demand seen in practice.
Reference to “admission prices” has been removed.
Wheelchair seating specifications for width and depth will vary, depending on whether they have front or rear entrances, or must be entered from the side.
Circulation paths and accessible routes may not overlap the wheelchair spaces.
The Lines of Sight sections have been clarified and require that wheelchair seating provide lines of sight over and between the heads of people seated in the row in front of the wheelchair seating space, including preserving that clear sight line if spectators may be expected to stand during a performance.

Companion Seating

Companion seating is required to allow shoulder alignment with the wheelchair seating space, and be at the same elevation of the wheelchair space.
Companion seats are to be of the same size, quality and comfort as adjacent fixed seating, including the provision of any amenities, such as cup holders, seat screens, or the like.
Companion seats may be removable.

Designated Aisle Seats

When armrests are provided on adjacent seating, a foldable or retractable armrest needs to be provided on the aisle side of the designated accessible aisle seating, to be used by people who have difficulty walking.
5 percent of the total aisle seats must be designated accessible aisle seating.

Luxury Boxes will be required to have wheelchair seating, and the numbers will be based on a sliding scale based on the number of seats in the box. The number of seats required will be evaluated on a “box by box, suite by suite” basis.

Team seating areas will be required to have at least one accessible wheelchair space.

Dispersal of wheelchair seating is required, to provide a choice of seating locations and sight lines equivalent or better than those available to other spectators. Importantly, once the number of required seats have been met, further dispersion is unnecessary. Dispersal is required horizontally and vertically to allow varying sight lines. However, there is an exception for bleacher seating.

Bleacher seating need not have wheelchair seating in any other row than the point of entry into the bleacher seating area.

Lawn Seating must be located on an accessible route, but no designated wheelchair seating area need be provided.

Raised Refereeing, scoring or judging areas need not comply with accessibility requirements.

AUXILIARY AIDS & SERVICES

Assistive Listening Systems would be required whenever “audible communication is integral to the use of the space.” However, ALSO need not be provided where audio amplification is not provided.
Telephones available to the public would be required to be accessible, with at least one in any group or use being accessible. All public telephones must also have volume controls.
TTY’s will now be required in much greater numbers, and that whenever a public phone is provided, a public TTY shall also be provided on that floor.

Turner D. Madden, Esquire, serves as the outside General Counsel for IAAM. You may contact Mr. Madden at Madden & Patton, LLC, 1700 Pennsylvania Ave., NW, Suite 400, Washington, D.C. 20006; telephone: (202) 349-2050; e-mail: maddesq@bell atlantic.net.