T. 8-23-94 AUG 2ILLEGIBLE 1994 Mr. John Murdoch U.S.

Architectural and Transportation Barriers Compliance Board 1331 F Street, NW Suite 1000 Washington, D.C. 20004 Dear Jay: This letter is to provide the Department of Justice's comments on the proposed text of the accessibility guidelines for children's environments that were discussed by the Children's Environments Work Group in July, so that you may address these concerns in the revisions to the draft rule that you are planning to present at the next meeting of the Board. In general, we think that the draft presented at the last meeting is good; however, we do have some concerns. Because the draft was presented to the Board without an accompanying rationale, it is unclear whether the proposed guidelines would (1) make provision of accessible child-sized elements mandatory in children's facilities, (2) make provision of accessible childsized elements mandatory whenever inaccessible child-sized elements are provided, or (3) simply provide advisory guidance regarding what will be considered equivalent facilitation for those instances where a children's facility chooses to provide accessible child-sized elements. It is unclear which approach is preferable. For example, the first approach provides greater access for children with disabilities, yet may conflict with the facility's need to teach children, both with and without disabilities, to function in a world where child-sized facilities will not generally be available. We recommend that this issue be raised in the preamble to the NPRM. The preamble should also make clear that these requirements apply only to elements that are used primarily by children. Elements (e.g., tables) that are used primarily by adults must meet adult accessibility standards, even if they are in areas used primarily by children. cc: Records, Chrono, Wodatch, Hill, FOIA, Friedlander n:\udd\hille\kid.ltr

01-03374 ​ -2In addition, because it is not possible to fully assess the proposed text without having the background data on which it is based, the preamble should address how the Board resolved such issues as reconciling the needs of children who use differing types and sizes of mobility aids. For example, the proposed text appears to assume that most children with mobility impairments use child-sized mobility aids. Yet there are a variety of types of wheelchairs, some of which place children at heights similar to adults. It is unclear how the proposed text addresses these differences. The following are more specific comments regarding particular provisions of the proposed text: - S15.2 should address requirements for reach ranges over obstructions. - S15.2 provides the same reach range requirements for both front and side reaches, yet addresses them in two separate subsections. The rationale for this should be explained in the preamble. - S15.3 provides a lesser standard than S4.4.1 regarding protruding objects. S15.3 only addresses protrusions into "circulation paths required to be accessible," while S4.4.1 applies to all "walks, halls, corridors, passageways, or aisles." This should be corrected. - S15.3 should refer to Figure 8(d) to illustrate the 12inch overhang permitted for forward approach. - S15.4 does not change the requirement of S4.8.5 and S4.9.4 for a 1.5 inch clear space between rail and wall. We are concerned that a smaller space may be needed to prevent children's smaller arms from slipping through. - S15.4.1 needs to be edited to make clear that two sets of handrails are required; one that complies with S4.8 or S4.9, and one that complies with S4.8.5 or S4.9.4 as modified by S15.4.2 and S15.4.3. - S15.6 requires compliance "to the maximum extent practicable." This appears to create a new compliance standard.

How does the Board intend this test to relate to the current ADA standards ("structurally impracticable" and "maximum extent feasible")? - S15.6.1 needs to include S4.26.2 (grab bar dimension) as one of the requirements being modified. - S15.6.3 raises a number of issues about the table of toilet seat heights: 01-03375 -3(1) How should a builder determine who the "primary users" are? (2) Should the metric measurements should be rounded to the nearest '0' or '5' mm to be consistent with other dimensions? (3) Won't the flush valve or toilet tank interfere with placement of the back grab bars at the heights required by the table? - S15.6.5 should specify that the toilet paper dispenser must be below the grab bar and a specific distance from the back wall. - S15.7.2 requires a toilet stall to be configured according to Figure 30(a-1) if the door swings inward. Figure 30(a-1) shows the door on the side wall. However, that precise configuration may not necessarily be required. As long as the door does not encroach on the clear floor space, the door can be on the end wall. - S15.7.3 should be edited to apply to standard stalls of minimum dimensions, rather than to all standard stalls. In larger stalls, toe clearance may not be necessary. - S15.8.1 should simply refer to all lavatories (without limitation to "lavatory fixtures, vanities, built-in lavatories"). An accessible lavatory cannot have a vanity cabinet beneath it. - S15.8.3 should provide both a maximum and a minimum depth for clear space under lavatories.

- S15.9.2 provides a maximum 36 inch height for clothes rods, hooks, and shelves. We are concerned that this may be unworkable for older children, whose dresses and long coats will drag on floors from that height. We suggest that the preamble to the NPRM should ask for suggestions about using ranges of mounting heights for children of different ages. - S15.10.3 requires knee clearance to be 24 inches deep. This exceeds the 19 inches required for adults. What is the reason for the increase? I hope these comments are helpful in drafting the next version and I look forward to discussing the proposed text at the next meeting of the Children's Environments Work Group. 01-03376 -4If you have any questions about this letter, please call Janet Blizard at (202) 307-0847, or Eve Hill at (202) 307-0982. Sincerely, Merrily A. Friedlander Acting Chief Coordination and Review Section 01-03377