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

Section 406.3 addresses the sides of curb ramps and specifies that side flares, where provided, have a slope of 1:10 maximum. In the proposed rule, this provision required flared sides where pedestrians must walk across the curb ramp. Returned sides were permitted where pedestrians would not normally walk across the ramp. In the final rule, this distinction has been removed. However, curbs with returned sides remain an alternative to flared sides. In addition, the specification for shallower (1:12) side flares for curb ramps with limited space at the top has been removed in conjunction with revisions to the criteria for landings (406.4).

Comment. Commenters advised that landings should be specified at the top of curb ramps.

Response. Section 406.4 is new to the final rule in clarifying requirements for landings at the top of curb ramps. Curb ramps must be connected by an accessible route which, in effect, requires space at least 36 inches in length at the top of curb ramps. Otherwise, maneuvering at the top of ramps would require turning on the flared sides. Landings must also be as wide as the curb ramp they serve. The proposed rule specified that side flares of 1:12 maximum must be provided when space at the top of curb ramps is less than 48 inches long. This specification has been removed. However, a similar exception has been added for alterations. Under this exception, 1:12 maximum side flares are required where there is no landing at the top of curb ramps. This exception was provided to address situations where existing space constraints or obstructions may prohibit a landing at the top of curb ramps.

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