Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation Two industry commenters--at least one of fewer seats; stadium-style theaters of all siz- whom otherwise supported this rule--re- es must comply with this rule. So, for exam- quested that the Department explicitly state ple, stadium-style theaters that must vertically that this rule does not apply retroactively to disperse wheelchair and companion seats existing theaters. Although this rule on its must do so within the parameters of this rule. face applies to new construction and altera- tions, these commenters were concerned The NPRM included a provision that that the rule could be interpreted to apply required assembly areas with more than retroactively because of the Department’s 5,000 seats to provide at least five wheel- statement in the ANPRM that this bright- chair spaces with at least three compan- line rule, although newly-articulated, does ion seats for each of those five wheelchair not represent a “substantive change from spaces. The Department agrees with com- the existing line-of-sight requirements’’ of menters who asserted that group seating is section 4.33.3 of the 1991 Standards. See better addressed through ticketing policies 69 FR 58768, 58776 (Sept. 30, 2004). rather than design and has deleted that pro- vision from this section of the final rule. Although the Department intends for Sec. 35.151(g)(4) of this rule to apply pro- Section 35.151(h) spectively to new construction and altera- Medical care facilities tions, this rule is not a departure from, and is consistent with, the line-of-sight requirements In the 1991 title II regulation, there was in the 1991 Standards. The Department has no provision addressing the dispersion of always interpreted the line-of-sight require- accessible sleeping rooms in medical care ments in the 1991 Standards to require facilities. The Department is aware, however, viewing angles provided to patrons who use of problems that individuals with disabilities wheelchairs to be comparable to those afford- face in receiving full and equal medical care ed to other spectators. Section 35.151(g)(4) when accessible sleeping rooms are not ade- merely represents the application of these quately dispersed. When accessible rooms requirements to stadium-style movie theaters. are not fully dispersed, a person with a dis- ability is often placed in an accessible room One commenter from a trade association in an area that is not medically appropriate sought clarification whether Sec. 35.151(g)(4) for his or her condition, and is thus denied applies to stadium-style theaters with more quick access to staff with expertise in that than 300 seats, and argued that it should not medical specialty and specialized equipment. since dispersion requirements apply in those While the Access Board did not establish theaters. The Department declines to limit specific design requirements for dispersion this rule to stadium-style theaters with 300 or Department of Justice Guidance on 2010 Standards: Title II - 27