Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation applies to new construction and alterations, theaters with 300 or fewer seats; stadium- these commenters were concerned that the style theaters of all sizes must comply with rule could be interpreted to apply retroac- this rule. So, for example, stadium-style tively because of the Department’s state- theaters that must vertically disperse wheel- ments in the NPRM and ANPRM that this chair spaces and companion seats must bright line rule, although newly articulated, do so within the parameters of this rule. is not a new standard but “merely codifi[es] longstanding Department requirement[s],’’ The NPRM included a provision that 73 FR 34508, 34534 (June 17, 2008), and required assembly areas with more does not represent a “substantive change than 5,000 seats to provide at least five from the existing line-of-sight requirements’’ wheelchair spaces with at least three of section 4.33.3 of the 1991 Standards, companion seats for each of those five 69 FR 58768, 58776 (Sept. 30, 2004). wheelchair spaces. The Department agrees with commenters who asserted Although the Department intends for that group seating is better addressed Sec. 36.406(f)(4) of this rule to apply through ticketing policies rather than prospectively to new construction and design and has deleted that provision alterations, this rule is not a departure from this section of the final rule. from, and is consistent with, the line-of- sight requirements in the 1991 Standards. Section 36.406(g) The Department has always interpreted Medical Care Facilities the line-of-sight requirements in the 1991 Standards to require viewing angles In the 1991 title III regulation, there was provided to patrons who use wheelchairs no provision addressing the dispersion to be comparable to those afforded to other of accessible sleeping rooms in medical spectators. Section 36.406(f)(4) merely care facilities. The Department is aware, represents the application of these require- however, of problems that individuals with ments to stadium-style movie theaters. disabilities face in receiving full and equal medical care when accessible sleeping One commenter from a trade association rooms are not adequately dispersed. When sought clarification whether Sec. 36.406(f) accessible rooms are not fully dispersed, (4) applies to stadium-style theaters with a person with a disability is often placed in more than 300 seats, and argued that it an accessible room in an area that is not should not since dispersion requirements medically appropriate for his or her condi- apply in those theaters. The Department tion, and is thus denied quick access to declines to limit this rule to stadium-style staff with expertise in that medical specialty 66 - Guidance on 2010 Standards: Title III Department of Justice