4.1.3 Accessible Buildings: New Construction. Accessible buildings and facilities shall meet the following minimum requirements:
(1) (a) At least one accessible route complying with 4.3 shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility.
(b)* Court Sports. An accessible route complying with 4.3 shall directly connect both sides of the court in court sports. Appendix Note
(2) All objects that overhang or protrude into circulation paths shall comply with 4.4 .
EXCEPTION: The requirements of 4.4 shall not apply within an area of sport activity.
(3) Ground and floor surfaces along accessible routes and in accessible rooms and spaces shall comply with 4.5 .
EXCEPTION 1*: The requirements of 4.5 shall not apply within an area of sport activity. Appendix Note
EXCEPTION 2*: Animal containment areas designed and constructed for public use shall not be required to provide stable, firm, and slip resistant ground and floor surfaces and shall not be required to comply with 4.5.2 . Appendix Note
(4) Interior and exterior stairs connecting levels that are not connected by an elevator, ramp, or other accessible means of vertical access shall comply with 4.9 .
(5)* One passenger elevator complying with 4.10 shall serve each level, including mezzanines, in all multi-story buildings and facilities unless exempted below. If more than one elevator is provided, each passenger elevator shall comply with 4.10 . Appendix Note
EXCEPTION 1 : Elevators are not required in:
(a) private facilities that are less than three stories or that have less than 3000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider, or another type of facility as determined by the Attorney General; or
(b) public facilities that are less than three stories and that are not open to the general public if the story above or below the accessible ground floor houses no more than five persons and is less than 500 square feet. Examples may include, but are not limited to, drawbridge towers and boat traffic towers, lock and dam control stations, and train dispatching towers.
The elevator exemptions set forth in paragraphs (a) and (b) do not obviate or limit in any way the obligation to comply with the other accessibility requirements established in section 4.1.3 . For example, floors above or below the accessible ground floor must meet the requirements of this section except for elevator service. If toilet or bathing facilities are provided on a level not served by an elevator, then toilet or bathing facilities must be provided on the accessible ground floor. In new construction, if a building or facility is eligible for exemption but a passenger elevator is nonetheless planned, that elevator shall meet the requirements of 4.10 and shall serve each level in the building. A passenger elevator that provides service from a garage to only one level of a building or facility is not required to serve other levels.
EXCEPTION 2: Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks are exempted from this requirement.
EXCEPTION 3: Accessible ramps complying with 4.8 may be used in lieu of an elevator.
EXCEPTION 4: Platform lifts (wheelchair lifts) complying with 4.11 of this guideline and applicable State or local codes may be used in lieu of an elevator only under the following conditions:
(a) To provide an accessible route to a performing area in an assembly occupancy.
(b) To comply with the wheelchair viewing position line-of- sight and dispersion requirements of 4.33.3 .
(c) To provide access to incidental occupiable spaces and rooms which are not open to the general public and which house no more than five persons, including but not limited to equipment control rooms and projection booths.
(d) To provide access where existing site constraints or other constraints make use of a ramp or an elevator infeasible.
(e) To provide access to raised judges' benches, clerks' stations, speakers' platforms, jury boxes and witness stands or to depressed areas such as the well of a court.
(f)* To provide access to player seating areas serving an area of sport activity. Appendix Note
EXCEPTION 5: Elevators located in air traffic control towers are not required to serve the cab and the floor immediately below the cab.
(6) Windows: (Reserved).
(a) At each accessible entrance to a building or facility, at least one door shall comply with 4.13 .
(b) Within a building or facility, at least one door at each accessible space shall comply with 4.13 .
(c) Each door that is an element of an accessible route shall comply with 4.13 .
(d) Each door required by 4.3.10 , Egress, shall comply with 4.13 .
(8) The requirements in (a) and (b) below shall be satisfied independently:
(a)(i) At least 50 percent of all public entrances (excluding those in (b) below) shall comply with 4.14 . At least one must be a ground floor entrance. Public entrances are any entrances that are not loading or service entrances.
(ii) Accessible public entrances must be provided in a number at least equivalent to the number of exits required by the applicable building or fire codes. (This paragraph does not require an increase in the total number of public entrances planned for a facility.)
(iii) An accessible public entrance must be provided to each tenancy in a facility (for example, individual stores in a strip shopping center).
(iv) In detention and correctional facilities subject to section 12, public entrances that are secured shall be accessible as required by 12.2.1 .
One entrance may be considered as meeting more than one of the requirements in (a). Where feasible, accessible public entrances shall be the entrances used by the majority of people visiting or working in the building.
(b)(i) In addition, if direct access is provided for pedestrians from an enclosed parking garage to the building, at least one direct entrance from the garage to the building must be accessible.
(ii) If access is provided for pedestrians from a pedestrian tunnel or elevated walkway, one entrance to the building from each tunnel or walkway must be accessible.
(iii) In judicial, legislative, and regulatory facilities subject to section 11, restricted and secured entrances shall be accessible in the number required by 11.1.1 .
One entrance may be considered as meeting more than one of the requirements in (b).
Because entrances also serve as emergency exits whose proximity to all parts of buildings and facilities is essential, it is preferable that all entrances be accessible.
(c) If the only entrance to a building, or tenancy in a facility, is a service entrance, that entrance shall be accessible.
(d) Entrances which are not accessible shall have directional signage complying with 4.30.1 , 4.30.2 , 4.30.3 , and 4.30.5 , which indicates the location of the nearest accessible entrance.
- (9)* In buildings or facilities, or portions of buildings or facilities, required to be accessible, accessible means of egress shall be provided in the same number as required for exits by local building/life safety regulations. Where a required exit from an occupiable level above or below a level of accessible exit discharge is not accessible, an area of rescue assistance shall be provided on each such level (in a number equal to that of inaccessible required exits). Areas of rescue assistance shall comply with 4.3.11 . A horizontal exit, meeting the requirements of local building/life safety regulations, shall satisfy the requirement for an area of rescue assistance. Appendix Note
- EXCEPTION: Areas of rescue assistance are not required in buildings or facilities having a supervised automatic sprinkler system.
(10)* Drinking Fountains:
(a) Where only one drinking fountain is provided on a floor there shall be a drinking fountain which is accessible to individuals who use wheelchairs in accordance with 4.15 and one accessible to those who have difficulty bending or stooping. (This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible under 4.15 and a water cooler; or by such other means as would achieve the required accessibility for each group on each floor.)
(b) Where more than one drinking fountain or water cooler is provided on a floor, 50% of those provided shall comply with 4.15 and shall be on an accessible route. Appendix Note
(11) Toilet Facilities: If toilet rooms are provided, then each public and common use toilet room shall comply with 4.22 . Other toilet rooms provided for the use of occupants of specific spaces (i.e., a private toilet room for the occupant of a private office) shall be adaptable. If bathing rooms are provided, then each public and common use bathroom shall comply with 4.23 . Accessible toilet rooms and bathing facilities shall be on an accessible route.
(12) Storage, Shelving and Display Units:
(a) If fixed or built-in storage facilities such as cabinets, shelves, closets, and drawers are provided in accessible spaces, at least one of each type provided shall contain storage space complying with 4.25 . Additional storage may be provided outside of the dimensions required by 4.25.
(b) Shelves or display units allowing self-service by customers in mercantile occupancies shall be located on an accessible route complying with 4.3 . Requirements for accessible reach range do not apply.
(c)* Where lockers are provided in accessible spaces, at least 5 percent, but not less than one, of each type of locker shall comply with 4.25 . Appendix Note
(13) Controls and operating mechanisms in accessible spaces, along accessible routes, or as parts of accessible elements (for example, light switches and dispenser controls) shall comply with 4.27 .
EXCEPTION: The requirements of 4.27 shall not apply to exercise machines.
(14) If emergency warning systems are provided, then they shall include both audible alarms and visual alarms complying with 4.28 . Sleeping accommodations required to comply with 9.3 shall have an alarm system complying with 4.28 . Emergency warning systems in medical care facilities may be modified to suit standard health care alarm design practice.
(15) Detectable warnings shall be provided at locations as specified in 4.29 .
(16) Building Signage:
(a) Signs which designate permanent rooms and spaces shall comply with 4.30.1 , 4.30.4 , 4.30.5 and 4.30.6 .
- (b) Other signs which provide direction to or information about functional spaces of the building shall comply with 4.30.1 , 4.30.2 , 4.30.3 , and 4.30.5 .
- EXCEPTION: Building directories, menus, and all other signs which are temporary are not required to comply.
(17) Public telephones:
(a) If public pay telephones, public closed circuit telephones, or other public telephones are provided, then they shall comply with 4.31.2 through 4.31.8 to the extent required by the following table:
Number of each type of telephone provided on each floor Number of telephones required to comply with 4.31.2 through 4.31.8¹ 1 or more single unit 1 per floor 1 bank² 1 per floor 2 or more banks² 1 per bank. Accessible unit may be installed as a single unit in proximity (either visible or with signage) to the bank. At least one public telephone per floor shall meet the requirements for a forward reach telephone³
¹ Additional public telephones may be installed at any height. Unless otherwise specified, accessible telephones may be either forward or side reach telephones.
² A bank consists of two or more adjacent public telephones, often installed as a unit.
³ EXCEPTION: For exterior installations only, if dial tone first service is available, then a side reach telephone may be installed instead of the required forward reach telephone.
(b)* All telephones required to be accessible and complying with 4.31.2 through 4.31.8 shall be equipped with a volume control. In addition, 25 percent, but never less than one, of all other public telephones provided shall be equipped with a volume control and shall be dispersed among all types of public telephones, including closed circuit telephones, throughout the building or facility. Signage complying with applicable provisions of 4.30.7 shall be provided. Appendix Note
(c) The following shall be provided in accordance with 4.31.9 :
(i) If four or more public pay telephones (including both interior and exterior telephones) are provided at a site of a private facility, and at least one is in an interior location, then at least one interior public text telephone (TTY) shall be provided. If an interior public pay telephone is provided in a public use area in a building of a public facility, at least one interior public text telephone (TTY) shall be provided in the building in a public use area.
(ii) If an interior public pay telephone is provided in a private facility that is a stadium or arena, a convention center, a hotel with a convention center, or a covered mall, at least one interior public text telephone (TTY) shall be provided in the facility. In stadiums, arenas and convention centers which are public facilities, at least one public text telephone (TTY) shall be provided on each floor level having at least one interior public pay telephone.
(iii) If a public pay telephone is located in or adjacent to a hospital emergency room, hospital recovery room, or hospital waiting room, one public text telephone (TTY) shall be provided at each such location.
(iv) If an interior public pay telephone is provided in the secured area of a detention or correctional facility subject to section 12, then at least one public text telephone (TTY) shall also be provided in at least one secured area. Secured areas are those areas used only by detainees or inmates and security personnel.
- (d) Where a bank of telephones in the interior of a building consists of three or more public pay telephones, at least one public pay telephone in each such bank shall be equipped with a shelf and outlet in compliance with 4.31.9(2) .
- EXCEPTION: This requirement does not apply to the secured areas of detention or correctional facilities where shelves and outlets are prohibited for purposes of security or safety.
(18) If fixed or built-in seating or tables (including, but not limited to, study carrels and student laboratory stations), are provided in accessible public or common use areas, at least five percent (5%), but not less than one, of the fixed or built-in seating areas or tables shall comply with 4.32 . An accessible route shall lead to and through such fixed or built-in seating areas, or tables.
(19)* Assembly Areas:
(a) In places of assembly with fixed seating accessible wheelchair locations shall comply with 4.33.2 , 4.33.3 , and 4.33.4 and shall be provided consistent with the following table:
Capacity of Seating in Assembly Area Number of Required Wheelchair Locations 4 to 25 1 26 to 50 2 51 to 300 4 301 to 500 6 over 500 6 plus 1 additional space for each total seating capacity increase of 100
In addition, one percent, but not less than one, of all fixed seats shall be aisle seats with no armrests on the aisle side, or removable or folding armrests on the aisle side. Each such seat shall be identified by a sign or marker. Signage notifying patrons of the availability of such seats shall be posted at the ticket office. Aisle seats are not required to comply with 4.33.4 . Appendix Note
(b) This paragraph applies to assembly areas where audible communications are integral to the use of the space (e.g., concert and lecture halls, playhouses and movie theaters, meeting rooms, etc.). Such assembly areas, if (1) they accommodate at least 50 persons, or if they have audio-amplification systems, and (2) they have fixed seating, shall have a permanently installed assistive listening system complying with 4.33 . For other assembly areas, a permanently installed assistive listening system, or an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system shall be provided. The minimum number of receivers to be provided shall be equal to 4 percent of the total number of seats, but in no case less than two. Signage complying with applicable provisions of 4.30 shall be installed to notify patrons of the availability of a listening system.
(c) Where a team or player seating area contains fixed seats and serves an area of sport activity, the seating area shall contain the number of wheelchair spaces required by 4.1.3(19)(a), but not less than one wheelchair space. Wheelchair spaces shall comply with 4.33.2 , 4.33.3 , 4.33.4 , and 4.33.5 .
EXCEPTION 1: Wheelchair spaces in team or player seating areas shall not be required to provide a choice of admission price or lines of sight comparable to those for members of the general public.
EXCEPTION 2: This provision shall not apply to team or player seating areas serving bowling lanes not required to be accessible by 15.7.3 .
- (20) Where automated teller machines (ATMs) are provided, each ATM shall comply with the requirements of 4.34 except where two or more are provided at a location, then only one must comply.
- EXCEPTION: Drive-up-only automated teller machines are not required to comply with 4.27.2 , 4.27.3 and 4.34.3 .
(21) Where dressing, fitting, or locker rooms are provided, the rooms shall comply with 4.35 .
EXCEPTION: Where dressing, fitting, or locker rooms are provided in a cluster, at least 5 percent, but not less than one, of the rooms for each type of use in each cluster shall comply with 4.35 .
(22) Where saunas or steam rooms are provided, the rooms shall comply with 4.36 .
EXCEPTION: Where saunas or steam rooms are provided in a cluster, at least 5 percent, but not less than one, of the rooms for each type of use in each cluster shall comply with 4.36 .