Analysis Of The Proposed Standarts (Appendix A) - Summary Of The Major Substantive Changes Proposed For The Scoping And Technical Requirements Page 48
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63225 and 811 Storage
Proposed section 225 provides that where storage is provided in accessible spaces, at
least one of each type shall comply
with the Standar
ds. Self-service shelving is required
to be on an accessible route, but is n t required to comply with the reach range
o
requirements. These requirements
are consistent with the 1991 Standards. Proposed
section 225.3 will add a new scopin
g requirement for self-storage facilities. Facilities
with 200 or fewer storage spaces will be required to make at least five percent (5%) of
the storage spaces accessible. Facil
ities with more than 200 storage s
paces will be
required to provide 10 accessible storage spaces, plus make at least two percent (2%) of
the storage spaces over 200 accessi
ble.
Commenters recommended that the Department adopt language requiring public
accommodations to provide access to all self-service shelves and display areas available
to customers. Other comments opposed this requirement as too burdensome on retail and
other entities and that significant revenue will be lost if this requirement is implemented.
Any fixed or built-in self-service shelves or storage are required to be on accessible
routes, but not all shelves are required to be within reach. Because the shelves are
permitted to exceed the reach ranges, not all merchandise on the shelves will be
accessible.
2
26 and 902 Dining Surfaces and Work Surfaces
The proposed standards at section 226.1 provide that where dining surfaces are provided
for the consumption of food or drink, at
least five percent (5%) of the seating spaces and
standing spaces at the dining surfaces will comply with section 902. Section 902.2
requires the provision of accessible knee and toe clearance.
The U.S. Chamber of Commerce and others requested that cocktail style tables be exempt
from the technical requirements for knee and toe clearance. “Cocktail-style tables” are
not a defined term. The proposed standards apply to fixed or built-in tables provided fo
r
the consumption of food. If cocktail-style tables (that is, tables typically built for use by
individuals who are standing) are fixed equipment, they will be subject to the rule.
F
urniture that is not fixed or built-in would be subject to the nond
iscrimination
requirements of the rule.
Commenters stated that basing accessible seating on seating spaces and standing spaces is
problematic and urged a return to the 1991 Standard of requiring accessible seating based
on fixed dining tables. Consistent with long-standing interpretation, the requirements in
the ADA regulations will be applied to fixed build
ing elements. The scoping change
merely takes into account that tables may vary in size so that basing the calculation on
the
number of the tables rather than on the number of people that may be accommodated by
the tables could unnecessarily restrict opportunities for people with disabilities.
48
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