Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Com menta ry on the 201 0 A DAStandards A commenter recommended eliminating the The required percentage declines as the size exception at 216.10 because, for example, of the facility increases. The changes also people who buy tickets through the mail, by require at least twenty-five percent (25%), subscription, or on-line may not need to stop but no fewer than two, of the receivers to at a ticket office or window upon arrival at the be hearing-aid compatible. Assembly areas assembly area. The Department believes that served by an induction loop assistive listening an individual’s decision to purchase tickets system will not have to provide hearing-aid before arriving at a performance does not compatible receivers. limit the discretion of the assembly operator to use the ticket window to provide other Commenters were divided in their services to its patrons. The Department opinion of this change. The Department retained the exception at 216.10 to permit the believes that the reduction in the required venue operator some flexibility in determining number of assistive listening systems how to meet the needs of its patrons. for larger assembly areas will meet the needs of individuals with disabilities. The Audible Communication. The 1991 new requirement to provide hearing-aid Standards, at section 4.1.3(19)(b), compatible receivers should make assistive require assembly areas, where audible listening systems more usable for people who communication is integral to the use of the have been underserved until now. space, to provide an assistive listening system if they have an audio amplification Concerns were raised that the requirement system or an occupant load of 50 or to provide assistive listening systems may more people and have fixed seating. The have an adverse impact on restaurants. 2010 Standards at section 219 require This comment misunderstands the scope of assistive listening systems in spaces where coverage. The 2010 Standards define the communication is integral to the space term “assembly area” to include facilities and audio amplification is provided and in used for entertainment, educational, or civic courtrooms. gatherings. A restaurant would fall within this category only if it is presenting programs to The 1991 Standards require receivers to educate or entertain diners, and it provides be provided for at least four percent (4%) an audio amplification system. of the total number of fixed seats. The 2010 Standards, at section 219.3, revise the Same Management or Building. The 2010 percentage of receivers required according Standards add a new exception that allows to a table that correlates the required number multiple assembly areas that are in the same of receivers to the seating capacity of the building and under the same management, facility. Small facilities will continue to provide such as theaters in a multiplex cinema receivers for four percent (4%) of the seats. and lecture halls in a college building, to Department of Justice Guidance on the 2010 Standards: Titles II and III - 109