Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation basis exclusively to graduate students or Section 36.406(f)(1) ensures that there faculty and that do not contain any public is greater dispersion of wheelchair spaces use or common use areas available for and companion seats throughout stadi- educational programming; instead, such ums, arenas, and grandstands than would housing must comply with the require- otherwise be required by sections 221 and ments for residential facilities in sections 802 of the 2004 ADAAG. In some cases, 233 and 809 of the 2010 Standards. the accessible route may not be the same route that other individuals use to reach The regulatory text uses the term their seats. For example, if other patrons “sleeping room’’ in lieu of the term “guest reach their seats on the field by an inac- room,’’ which is the term used in the tran- cessible route (e.g., by stairs), but there sient lodging standards. The Department is an accessible route that complies with is using this term because it believes section 206.3 of the 2004 ADAAG that could that for the most part, it provides a better be connected to seats on the field, wheel- description of the sleeping facilities used chair spaces and companion seats must in a place of education than “guest room.’’ be placed on the field even if that route The final rule states in Sec. 36.406(e) is not generally available to the public. that the Department intends the terms to be used interchangeably in the applica- Regulatory language that was included tion of the transient lodging standards in the 2004 ADAAG advisory, but that to housing at a place of education. did not appear in the NPRM, has been added by the Department in Sec. 36.406(f) Section 36.406(f) Assembly Areas (2). Section 36.406(f)(2) now requires an assembly area that has seating encircl- In the NPRM, the Department proposed ing, in whole or in part, a field of play or Sec. 36.406(f) to supplement the assem- performance area, such as an arena or bly area requirements of the 2004 ADAAG, stadium, to place wheelchair spaces and which the Department is adopting as companion seats around the entire facil- part of the 2010 Standards. The NPRM ity. This rule, which is designed to prevent proposed at Sec. 36.406(f)(1) to require a public accommodation from placing wheelchair spaces and companion seat- wheelchair spaces and companion seats ing locations to be dispersed to all levels on one side of the facility only, is consis- of the facility that are served by an acces- tent with the Department’s enforcement sible route. The Department received no practices and reflects its interpretation of significant comments on this paragraph section 4.33.3 of the 1991 Standards. and has decided to adopt the proposed language with minor modifications. Department of Justice Guidance on 2010 Standards: Title III - 63