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

804 Kitchens and Kitchenettes

Requirements in section 804 apply to kitchens and kitchenettes, including those provided in transient lodging guest rooms and residential dwelling units. They also apply to spaces, such as employee break rooms, located in other facility types. In the final rule, requirements specific to kitchens in residential dwelling units have been folded into this section as part of the integration of the chapter on residential dwelling units (Chapter 11) into the rest of the document. Certain requirements intended only for dwelling unit kitchens have been modified accordingly. For example, requirements for clearances in pass through and U-shaped kitchens apply only to kitchens with cook tops or conventional ranges (804.2), and specified kitchen work surfaces are required only in kitchens in residential dwelling units 804.3). This reorganization does not substantively change the requirements of section 804 as they apply to kitchens not located in residential dwelling units. These include requirements for sinks (804.4), storage (804.5), and appliances (804.6).

Substantive changes apply primarily to requirements for dwelling unit kitchens. These revisions concern:

• clearances in pass through kitchens (804.2.1)

• storage (804.5)

• operable parts of appliances (804.6.2)

• oven controls (804.6.5)

Clearances for pass through kitchens address counters, appliances, or cabinets on two opposing sides. In the final rule, this provision has been revised to more clearly address situations where counters, appliances, or cabinets are opposite a parallel wall. In addition, the Board has changed references to "galley kitchens" with "pass through kitchens" for clarity.

At least 50% of shelf space in storage facilities is required to be accessible (804.5). This is consistent with the proposed rule with respect to kitchens generally, but differs from proposed specifications for dwelling unit kitchens, which only addressed clear floor space at cabinets (1102.12.5). The final rule clarifies access requirements for storage in dwelling unit kitchens that is consistent with specifications for other types of kitchens.

Requirements for appliances include provisions for operable parts (804.6.2), which are required to be accessible according to section 309. Section 309 includes specifications for clear floor space (309.2), height (309.3), and operating characteristics (309.4). The proposed rule contained an exception for controls mounted on range hoods. This provision has been replaced by an exception to general scoping provisions for operable parts that addresses redundant controls (205.1, Exception 6). In the addition, the Board has added exceptions for appliance doors and door latching devices in section 804.6.2.

Comment. Operable parts must be designed so they can be operated with one hand and without tight grasping, pinching, twisting of the wrist, or more than 5 pounds of force (309.4). Appliance manufacturers called attention to various appliances that cannot be easily redesigned to meet the maximum 5 pounds of force. At refrigerator and freezer doors, a tight seal is necessary for energy efficiency, as required by other Federal laws, which may result in an opening force that exceeds 5 pounds of force. The latch used to secure dishwasher doors and create a water-tight seal also typically requires a force that may exceed 5 pounds which would be difficult and costly to reduce.

Response. The final rule provides an exception under which appliance doors and their latching devices are not required to comply with the specified operating characteristics for operable parts in section 309.4, including the maximum pounds of force for operation (804.6.2, Exception 1).

Comment. Accessible reach ranges specify a minimum height of 15 inches (308.3) for unobstructed reaches. The appliance industry called attention to certain types of doors that, when fully open, cannot easily meet this specification, such as dishwasher doors and doors of ovens and broilers that are part of free-standing ranges. Compliance with the reach range requirement when the door is fully open would severely impact the design and size of such appliances.

Response. The Board has included an exception for bottom-hinged appliance doors, which do not have to be within reach range requirements specified in 309.3 when open (804.6.2, Exception 2).

Ovens are required to have controls on front panels (804.6.5.3). A specification that these controls be to the side of the door has been removed in the final rule as unnecessarily restrictive.

Ovens are required to have controls on front panels (804.6.5.3). A specification that these controls be to the side of the door has been removed in the final rule as unnecessarily restrictive.

Clearances for pass through kitchens address counters, appliances, or cabinets on two opposing sides. In the final rule, this provision has been revised to more clearly address situations where counters, appliances, or cabinets are opposite a parallel wall. In addition, the Board has changed references to "galley kitchens" with "pass through kitchens" for clarity.

At least 50% of shelf space in storage facilities is required to be accessible (804.5). This is consistent with the proposed rule with respect to kitchens generally, but differs from proposed specifications for dwelling unit kitchens, which only addressed clear floor space at cabinets (1102.12.5). The final rule clarifies access requirements for storage in dwelling unit kitchens that is consistent with specifications for other types of kitchens.

Requirements for appliances include provisions for operable parts (804.6.2), which are required to be accessible according to section 309. Section 309 includes specifications for clear floor space (309.2), height (309.3), and operating characteristics (309.4). The proposed rule contained an exception for controls mounted on range hoods. This provision has been replaced by an exception to general scoping provisions for operable parts that addresses redundant controls (205.1, Exception 6). In the addition, the Board has added exceptions for appliance doors and door latching devices in section 804.6.2.

Comment. Operable parts must be designed so they can be operated with one hand and without tight grasping, pinching, twisting of the wrist, or more than 5 pounds of force (309.4). Appliance manufacturers called attention to various appliances that cannot be easily redesigned to meet the maximum 5 pounds of force. At refrigerator and freezer doors, a tight seal is necessary for energy efficiency, as required by other Federal laws, which may result in an opening force that exceeds 5 pounds of force. The latch used to secure dishwasher doors and create a water-tight seal also typically requires a force that may exceed 5 pounds which would be difficult and costly to reduce.

Response. The final rule provides an exception under which appliance doors and their latching devices are not required to comply with the specified operating characteristics for operable parts in section 309.4, including the maximum pounds of force for operation (804.6.2, Exception 1).

Comment. Accessible reach ranges specify a minimum height of 15 inches (308.3) for unobstructed reaches. The appliance industry called attention to certain types of doors that, when fully open, cannot easily meet this specification, such as dishwasher doors and doors of ovens and broilers that are part of free-standing ranges. Compliance with the reach range requirement when the door is fully open would severely impact the design and size of such appliances.

Response. The Board has included an exception for bottom-hinged appliance doors, which do not have to be within reach range requirements specified in 309.3 when open (804.6.2, Exception 2). Ovens are required to have controls on front panels (804.6.5.3). A specification that these controls be to the side of the door has been removed in the final rule as unnecessarily restrictive.