Comments of United Spinal Association
Americans with Disabilities Act (ADA)
Accessibility Guidelines for Passenger Vessels:
Large and Small Vessels
Proposed Rule
Submitted by:
Linda Gutmann, Compliance Specialist
Accessibility Services
United Spinal Association
75-20 Astoria Boulevard
Jackson Heights, New York 11370
1-800-404-2898
July 12, 2005
INTRODUCTION
United Spinal Association is a non-profit organization dedicated to enhancing the lives of all individuals with spinal cord injury or disease by ensuring quality health care, promoting research, advocating for civil rights and independence, educating the public about these issues, and enlisting its help to achieve these fundamental goals.
United Spinal Association applauds the efforts of the Access Board in developing the proposed access specifications for passenger vessels embodied in this proposed rule, which includes provisions for both public transport and public accommodations. Currently, the Board’s guidelines focus on facilities provided on landside sites. Although passenger vessels are required to be accessible under the ADA, no specific guidelines are currently available to inform the public about how to make them accessible to people with disabilities. These draft guidelines effectively provide a better understanding of what accessibility requirements would apply to passenger vessels.
United Spinal Association has recently created a travel department that specializes in accessible travel. Many of our members enjoy taking vacations on cruise ships because of the convenience of having all activities and accommodations contained in one ship – dining accommodations, sleeping accommodations and recreational activities are on-site and in close proximity to each other. We are particularly pleased that the Board has included an entire chapter on recreation facilities and play areas. The Board’s draft guidelines will help to ensure that our members, once they get on board a cruise ship, will have an enjoyable vacation, where access and inclusion is not an issue.
SCOPING
UNITED SPINAL ASSOCIATION COMMENTS ON DRAFT GUIDELINES FOR LARGE PASSENGER VESSELS
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Chapter 2: SCOPING REQUIREMENTS
V202 Existing Passenger Vessels
202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of V202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General.
UNITED SPINAL ASSOCIATION COMMENTS
Change to: “Where an alteration affects the accessibility to, or contains an area of primary function, the path of travel to the primary function area and the restrooms, telephones and drinking fountains serving such area shall be accessible, unless such alterations are disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General……”
The words “could affect” are confusing – does an alteration not affect access today but maybe affect access next year? The word “usability” is equally troublesome in that it suggests something different other than “accessibility.”
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V206 Onboard Accessible Routes
V206.6 Elevators. Elevators provided for passengers shall comply with V407. Where multiple elevators are provided, each elevator shall comply with V407.
EXCEPTIONS: 1. In a passenger vessel
permitted to use the exceptions to V206.2.1
or permitted by V206.7 to use a platform lift,
elevators complying with V408 shall be
permitted.
2. In passenger vessels less than 10,000
ITC tons, elevators complying with V408
shall be permitted.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association supports the allowance for usage of Limited Use/Limited Application (LU/LA) elevators. We have seen no misuse of these devices in jurisdictions where LU/LAs are currently permitted in new construction (e.g. New York State).
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V207 Accessible Means of Escape
V207.3 Elevators. Where at least one accessible means of escape from any accessible deck travels vertically four or more decks, at least one accessible means of escape from each passenger deck shall contain and elevator complying with V206.6 and V410.3.
EXCEPTIONS: 1. In vessels protected by an automatic sprinkler system complying with SOLAS II-2 or NFPA 13, the elevator required by this section is not required to connect decks (1) located above the highest deck containing evacuation stations, and (2) that have at least two main vertical zones complying with requirements established by the administrative authority.
2. In vessels protected by an automatic sprinkler system complying with SOLAS II-2 or NFPA 13 the elevator shall not be required to those decks connected by a ramp complying with V405.
3. Where vertical access is not required by the exceptions under V206.2.1, this section does not apply.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association supports the requirement for an elevator as a means of escape from any accessible deck that travels vertically four or more decks.
Regardless of whether a person’s safety is at immediate risk, the likelihood is that persons with disabilities will have to eventually be evacuated from the vessels. Requiring an elevator as a means of escape from any accessible deck that travels vertically four or more decks will minimize the need to evacuate persons with mobility impairment by use of exit stairs.
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V213 Toilet Facilities and Bathing Facilities
V213.2 Toilet Rooms and Bathing Rooms. Where toilet rooms are provided, each toilet room shall comply with V603. Where bathing rooms are provided, each bathing room shall comply with V603.
EXCEPTIONS: 1. In alterations where it is
technically infeasible to comply with V603, altering existing toilet or bathing rooms shall
not be required where a single unisex toilet
room or bathing room complying with
V213.2.1 is provided and located in the
same area and on the same deck as
existing inaccessible toilet or bathing rooms.
2. Where exceptions for alterations to qualified historic passenger vessels are permitted by V202.5, no fewer than one toilet room for each sex complying with V603 or one unisex toilet room complying with V213.2.1 shall be provided.
3. Where multiple single user portable toilet or bathing units are clustered at a single location, no more than 5 percent of the toilet units and bathing units at each cluster shall be required to comply with V603. Portable toilet units and bathing units complying with V603 shall be identified by the International Symbol of Accessibility complying with V703.2.1.
4. Where multiple single user toilet rooms are clustered at a single location, no more than 50 percent of the single user toilet rooms for each use at each cluster shall be required to comply with V603.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association supports the increase in the number of single use (permanent) toilet rooms that are required to be accessible when clustered at a single location. This increase from 5 percent to 50 percent will greatly benefit our members.
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V221 Assembly Areas and Public Seating Areas
V221.2 Wheelchair Spaces. Wheelchair spaces complying with V221.2 shall be
provided in assembly areas and public seating areas with fixed seating.
V221.2.1 Number. The number of
wheelchair spaces shall be provided in
accordance with V221.2.1.
V221.2.1.1 Assembly Areas. Wheelchair
spaces shall be provided in each assembly
area in accordance with Table V221.2.1.1.
V221.2.1.2 Public Seating Areas. The number of wheelchair spaces for public seating areas shall be calculated according to the total number of fixed seats provided in public seating areas of the passenger vessel in accordance with Table V221.2.1.1.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association supports the number of Wheelchair Spaces established by the federal advisory committee and used by the International Building Code. This will lead to not only more spaces for United Spinal Association members but greater dispersion of wheelchair spaces in assembly areas.
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V402 Accessible Routes
UNITED SPINAL ASSOCIATION COMMENTS
This title should include “and Accessible Means of Escape.”
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V404.2.7 Door and Gate Hardware. Handles, pulls, latches, locks and other operable parts on doors and gates shall comply with V309.4. Operable parts of such hardware shall be 34 inches minimum and 48 inches maximum above the finish deck surface. Where sliding doors are in the fully open position, operating hardware hall be exposed and usable form both sides.
UNITED SPINAL ASSOCIATION COMMENTS
The cross-reference to all of V309.4 suggests that all of the requirements, including the 5 lb. maximum force, is applied to door hardware. In fact, the hardware is exempt from this in the last sentence of V404.2.9, below. The reference should be deleted, and A117.1, 404.2.6 text should be used.
404.2.6 Door Hardware.
Handles, pulls, latches, locks, and other operable parts on accessible doors shall have a shape that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Operable parts of such hardware shall be 34 inches (865 mm) minimum and 48 inches (1220 mm) maximum above the floor. Where sliding doors are in the fully open position, operating hardware shall be exposed and usable from both sides.
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V405 Ramps
V405.5 Clear Width. The clear width of a ramp run and, where handrails are provided, the clear width between handrails shall be 36 inches minimum.
EXCEPTION: Where the largest deck of a
passenger vessel is less than 3,000 square
feet in size, the width of ramp runs and the
distance between handrails, if provided,
shall be permitted to have clear widths of 32
inches minimum.
UNITED SPINAL ASSOCIATION COMMENTS
While United Spinal Association does not typically support any reductions in the required clear width of a ramp, we understand that there will be instances when the minimum clear width between handrails on a ramp in a small passenger vessel can not be strictly met. In these instances, we would advocate that the reduction from 36 inches to 32 inches be permitted for a length of only 24 inches (i.e., Table 403.5 ICC A117.1 and 403.5.1Revised ADA/ABA Accessibility Guidelines).
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V405.7.3 Length. The landing clear length shall be 60 inches long minimum.
EXCEPTION: Where the largest deck is
less than 3000 square feet, the landing
clear length shall be permitted to be 48
inches long minimum.
UNITED SPINAL ASSOCIATION COMMENTS
While United Spinal Association does not typically support any reductions in the required clear length of a ramp landing, we understand that there will be instances when the clear length of a landing in a small passenger vessel can not be strictly met.
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V409 Platform Lifts
V409.6 Doors and Gates. Platform lifts shall have low-energy power-operated doors or gates complying with V404.3. Doors shall remain open for 20 seconds minimum. End doors and gates shall provide a clear width 32 inches minimum. Side doors and gates shall provide a clear width 42 inches minimum.
EXCEPTION: Platform lifts serving two landings maximum and having doors or gates on opposite sides shall be permitted to have self-closing manual doors or gates.
UNITED SPINAL ASSOCIATION COMMENTS
The “self-closing” requirement in the exception is unnecessary as it is required by ASME rules (A17.1 and A18.1)
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V603 Toilet and Bathing Rooms
V603.2.3 Door Swing. Doors shall not swing into the clear deck space or clearance required for any fixture. Doors shall be permitted to swing into the required turning space.
EXCEPTION: Where the toilet room or
Bathing room is for individual use and a
clear deck space complying with V305.3 is
provided within the room, beyond the arc of
the door swing, doors shall be permitted to
swing into the clear deck space or
clearance required for any fixture.
UNITED SPINAL ASSOCIATION COMMENTS
United Spinal Association requests that the EXCEPTION is changed to the following:
“Where the toilet room or bathing room is for individual use and a clear deck space complying with V305.3 is provided within the room, beyond the arc of the door swing, doors shall be permitted to swing into the clear deck space or clearance required for any fixture, provided the swing of the door can be reversed to meet V603.2.2.”
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V605 Urinals
V605.2 Height and Depth. Urinals shall be the stall-type or the wall-hung type with the rim 17 inches maximum above the finish deck surface. Urinals shall be 13 ½ inches deep minimum measured from the outer face of the urinal rim to the back of the fixture.
UNITED SPINAL ASSOCIATION COMMENTS
The 13 ½ inch elongation was discussed by United Spinal Association during the ADAAG federal advisory committee discussions and was based on the dimensions of one Kohler product we found that met the 1 gallon/flush requirement. This dimension should not be institutionalized based on one particular urinal.
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V607 Bathtubs
V607.6 Shower Spray Unit and Water. A shower spray unit with a hose 59 inches long minimum that can be used both as fixed-position shower head and as a hand-held shower shall be provided. The shower spray unit shall have an on/off control with a non-positive shut-off. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. Bathtub shower spray units shall deliver water that is 120° F maximum.
UNITED SPINAL ASSOCIATION COMMENTS
This should specify the on/off control be located on the hand-held portion of the unit. Otherwise, the valve on the shower wall meets this requirement.
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V608 Shower Compartments and Rinsing Showers
V608.6 Shower Spray Unit and Water. A shower spray unit with a hose 59 inches long minimum that can be used both as fixed-position shower head and as a hand-held shower shall be provided. The shower spray unit shall have an on/off control with a non-positive shut-off. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. Bathtub shower spray units shall deliver water that is 120° F maximum.
UNITED SPINAL ASSOCIATION COMMENTS
This should specify the on/off control be located on the hand-held portion of the unit. Otherwise, the valve on the shower wall meets this requirement.
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V703 Signs
V703.7.2 Symbols.
V703.7.2.1 International Symbol of Accessibility. The International Symbol of Accessibility shall comply with Figure V703.7.2.1
V703.7.2.2 Assistive Listening Systems. Assistive listening systems shall be identified by the International Symbol of Access for Hearing Loss complying with Figure V703.7.2.2
V703.7.2.3 Volume Control Telephones. Telephones with a volume control shall be identified by a pictogram of a telephone handset with radiating sound waves on a square field such as shown in Figure V703.7.2.3.
UNITED SPINAL ASSOCIATION COMMENTS
The International Symbol of TYY should be included in this section, in addition to the International Symbol of Accessibility, the International Symbol of Access for Hearing Loss and the pictogram used for volume control telephones.
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V804 Kitchens and Kitchenettes
V804.4 Sinks. Sinks shall comply with V606.
UNITED SPINAL ASSOCIATION COMMENTS
The counter surrounding the sink shall be accessible as well.
CONCLUSION
United Spinal Association’s past participation in the ADAAG Review Federal Advisory Committee, as well as the individual involvement of our staff on the Access Board and the A117 Accredited Standard Committee, attest to our support of what has been referred to as the “harmonization” of our nation’s federal and private sector accessibility requirements. United Spinal Association continues to support The Access Board, its individual members, and its staff as they work to expand the ADA Accessibility Guidelines to cover passenger vessels. These draft guidelines effectively provide a better understanding of what accessibility requirements would apply to passenger vessels, which are currently required to be accessible under the ADA. Once enforceable, these guidelines will help to secure the rights of our members to a barrier-free environment, beyond landside sites, as well as provide immeasurable benefits to persons with disabilities across the United States.