36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Section 404.2.6 specifies the minimum separation between doors and gates in series (48 inches plus the width of doors or gates swinging into the space). The proposed rule, consistent with the original ADAAG, included a requirement that doors and gates in series swing either in the same direction or away from the space in between. The Board has removed this requirement for consistency with the ANSI A117.1 standard. The required separation between doors and gates in series and specifications for maneuvering clearances at doors will ensure sufficient space regardless of the door swing. The height of door and gate hardware (34 to 48 inches) is specified in section 404.2.7. In the final rule, the Board has clarified that this height pertains to the operable parts of hardware, consistent with the ANSI A117.1 standard.

In finalizing this rule and incorporating its guidelines for recreation facilities, the Board determined that the specified height for door and gate hardware conflicts with industry practice or safety standards for swimming pools which specify a higher range for the location of latches beyond the reach of young children. The Model Barrier Code for Residential Swimming Pools, Spas, and Hot Tubs (ANSI/NSPI−8 1996) permits latch releases for chain link or picket fence gates to be above 54 inches. The model safety standard does not apply this requirement to key locks, electronic openers, and integral openers which have a self-latching device that is also self-locking. To reconcile this conflict, the Board has added an exception in the final rule for barrier walls and fences protecting pools, spas, and hot tubs (404.2.7, Exception 2). Under this exception, a 54 inch maximum height is permitted for the operable parts of the latch release on self-latching devices. Although the final guidelines specify 48 inches as the maximum forward or side reach, the original ADAAG recognized a maximum of 54 inches for side reach. Consistent with the model safety standard, this exception is not permitted for self-locking devices operated by keys, electronic openers, or integral combination locks.

Comment. Section 404.2.7 also covers the operating characteristics and height of door and gate hardware. An exception is provided for "existing locks at existing glazed doors without stiles, existing overhead rolling doors or grilles, and similar existing doors or grilles that are designed with locks that are activated only at the top or bottom rail." The advisory committee had recommended a broader exception that would have permitted any location for locks used only for security purposes and not for normal operation. Several comments preferred the exception put forth by the advisory committee over the one proposed by the Board.

Response. The Board sought to limit the exception to existing doors or grilles because design solutions for accessible doors and gates are available in new construction. In addition, the Board felt that the advisory committee’s language concerning "locks used only for security purposes" could be construed as applying to any lock. No changes have been made to the exception.