ADA INFORMATION

The following information is provided by the Department of Justice, Office of the Attorney General:

28 CFR Part 36
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; Final Rule

85544 Federal Register / Vol. 58, No. 144 / Friday, July 28, 1991 / Rules and Regulations
Order No. 1513-911

Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities

AGENCY: Department of Justice.
ACTION: Final rule.

SUMMARY. This rule implements title III of the Americans with Disabilities Act, Public Law 101-338, which prohibits discrimination on the basis of disability by private entities in places of public accommodation, requires that all new places of public accommodation and commercial facilities be designed and constructed so as to be readily accessible to and usable by persons with disabilities, and requires that examinations or courses related to licensing or certification for professional and trade purposes be accessible to persons with disabilities.
EFFECTIVE DATE: January 28, 1992. FOR FURTHER INFORMATION CONTACT: Barbara S. Drake, Deputy Assistant Attorney General, Civil Rights Division; Stewart B. Oneglia, Chief, Coordination and Review Section, Civil Rights Division; and John Wodatch, Director, Office on the Americans with Disabilities Act, Civil Rights Division; all of the U.S. Department of Justice, Washington, DC 20530. They may be contacted through the Division's ADA Information Line at (202) 514-0301 Voice), (202) 514-0381 (TDD), or (202) 514-0383 (TDD). These telephone numbers are not toll-free numbers.
Copies of this rule are available in the following alternate formats: large print, Braille, electronic file on computer disk, and audio-tape. Copies may be obtained from the Office on the Americans with Disabilities Act at (202) 514-0301 (Voice) or (202) 514-0381 (TDD). The rule is also available on electronic bulletin board at (202) 514-8193. These telephone numbers are not toll-free numbers.

SUPPLEMENTARY INFORMATION:
Background
The landmark Americans with Disabilities Act ("ADA" or "the Act"), enacted on July 28, 1990, provides comprehensive civil rights protections to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.
The legislation was originally developed by the National Council on Disability. An independent Federal
agency that reviews and makes recommendations concerning Federal laws, programs, and policies affecting individuals with disabilities. In its 1988 study, "Toward Independence," the National Council on Disability recognized the inadequacy of the existing, limited patchwork of protections for individuals with disabilities, and recommended the enactment of a comprehensive civil rights law requiring equal opportunity for individuals with disabilities throughout American life. Although the 100th Congress did not act on the legislation, which was first introduced in 1988, then-Vice-President George Bush endorsed the concept of comprehensive disability rights legislation during his presidential campaign and became a dedicated advocate of the ADA.
The ADA was reintroduced in modified form in May 1989 for consideration by the 101st Congress. In June 1989, Attorney General Dick Thornburgh, in testimony before the Senate Committee on Labor and Human Resources, reiterated the Bush Administration's support for the ADA and suggested changes in the proposed legislation. After extensive negotiations between Senate sponsors and the Administration, the Senate passed an amended version of the ADA on September 7, 1989, by a vote of 78-8.
In the House, jurisdiction over the ADA was divided among four committees, each of which conducted extensive hearings and issued detailed committee reports: the Committee on Education and Labor, the Committee on the judiciary, the Committee on Public Works and Transportation, and the Committee on Energy and Commerce. On October 12, 1989, the Attorney General testified in favor of the legislation before the Committee on the Judiciary. The Civil Rights Division, on February 22, 1990, provided testimony to the Committee on Small Business, which although technically without jurisdiction over the bill, conducted hearings on the legislation's impact on small business.
After extensive committee consideration and floor debate, the House of Representatives passed an amended version of the Senate bill on May 22, 1990, by a vote of 403-20. After resolving their differences in conference, the Senate and House took final action on the bill-the House passing it by a vote of 377-28 on July 12, 1990, and the Senate, a day later, by a vote of 91-8. The ADA was enacted into law with the President's signature at a White House ceremony in July 26 1980.

Rulemaking History

On February 22, 1991, the Department of justice published a notice of proposed rule making (NPRM) implementing title III of the ADA in the Federal Register (58 FR 7452). On February 28, 1991, the Department published a notice of proposed rule making implementing subtitle A of title II of the ADA in the Federal Register (58 FR 8538). Each NPRM solicited comments on the definitions, standards, and procedures of the proposed rules. By the April 29, 1991, close of the comment period of the NPRM for title II, the Department had received 2,718 comments on the two proposed rules. Following the close of the comment period, the Department received an additional 222 comments.
In order to encourage public participation in the development of the Department's rules under the ADA, the Department held four public hearings. Hearings were held in Dallas, Texas on March 4-5,1991; in Washington, DC on March 13-14-15,1991; in San Francisco, California on March 18-19, 1991; and in Chicago, Illinois on March 27-28,1991. At these hearings, 329 persons testified and 1,587 pages of testimony were compiled. Transcripts of the hearings were included in the Department's rule making docket.
The comments that the Department received occupy almost six feet of shelf space and contain over 10,000 pages. The Department received comments from individuals from all fifty States and the District of Columbia. Nearly 75% of the comments came from individuals and from organizations representing the interests of persons with disabilities. The Department received 292 comments from entities covered by the ADA and trade associations representing businesses in the private sector, and 87 from government units, such as mayors' offices, public school districts, and various State agencies working with individuals with disabilities.
The Department received one comment from a consortium of 511 organizations representing a broad spectrum of persons with disabilities. In addition, at least another 25 commenters endorsed the position expressed by this consortium or submitted identical comments on one or both proposed regulations.
An organization representing persons with hearing impairments submitted a large number of comments. This organization presented the Department with 479 individual comments, each providing in chart form a detailed representation of what type of auxiliary aid or service would be useful.

A full Description of ADA Program Information for the State of Florida can be found at:

http://www.dca.state.fl.us/flicd/programs/appd/adacode/ac4 30.htm

This is an excerpt from that site:

4.30 SIGNAGE
4.30.1 General. Signage required to be accessible by 4.1 shall comply with the applicable provisions of 4.30.

4.30.2 Character Proportion. Letters and numbers on signs shall have a width-to-height ratio between 3:5 and 1:1 and a stroke-width-to-height ratio between 1:5 and 1:10.

4.30.3 Character Height. Characters and numbers on signs shall be sized according to the viewing distance from which they are to be read. The minimum height is measured using an upper case X. Lower case characters are permitted.

Height Above Minimum

Finished Floor Character Height

Suspended or 3 in (75 mm) Projected Overhead minimum in compliance with 4.4.2

4.30.4 Raised and Brailled Characters and Pictorial Symbol Signs (Pictograms). Letters and numerals shall be raised 1/32 in, upper case, sans serif or simple serif type and shall be accompanied with Grade 2 Braille. Raised characters shall be at least 5/8 in (16 mm) high, but no higher than 2 in (50 mm). Pictograms shall be accompanied by the equivalent verbal description placed directly below the pictogram. The border dimension of the pictogram shall be 6 in (152 mm) minimum in height.

4.30.5 Finish and Contrast. The characters and background of signs shall be eggshell, matte, or other non-glare finish. Characters and symbols shall contrast with their background -- either light characters on a dark background or dark characters on a light background.

4.30.6 Mounting Location and Height. Where permanent identification is provided for rooms and spaces, signs shall be installed on the wall adjacent to the latch side of the door. Where there is no wall space to the latch side of the door, including at double leaf doors, signs shall be placed on the nearest adjacent wall. Mounting height shall be 60 in (1525 mm) above the finish floor to the centerline of the sign. Mounting location for such signage shall be so that a person may approach within 3 in (76 mm) of signage without encountering protruding objects or standing within the swing of a door.

4.30.7 Symbols of Accessibility.

(1) Facilities and elements required to be identified as accessible by 4.1 shall use the international symbol of accessibility. The symbol shall be displayed as shown in Fig. 43(a and (b).

(2) Volume Control Telephones. Telephones required to have a volume control by 4.1.3(17)(b) shall be identified by a sign containing a depiction of a telephone handset with radiating sound waves.

(3) Text Telephones. Text telephones required by 4.1.3(17)(c) shall be identified by the international TDD symbol (Fig. 43(c)). In addition, if a facility has a public text telephone, directional signage indicating the location of the nearest text telephone shall be placed adjacent to all banks of telephones which do not contain a text telephone. Such directional signage shall include the international TDD symbol. If a facility has no banks of telephones. The directional signage shall be provided at the entrance .e:g, in a building directory).

(4) Assistive Listening Systems. In assembly areas where permanently installed assistive listening systems are required by 4.1.3(19)(b) the availability of such systems shall be identified with signage that includes the international symbol of access for hearing loss (Fig . 43d ).

4.30.8 Illumination Levels. (Reserved

International Symbols
(a) Proportions, International Symbol of Accessibility. The diagram illustrates the International Symbol of Accessibility on a grid background.

(b) Display Conditions, International Symbol of Accessibility. The symbol contrast shall be light on dark or dark on light

(a) Proportions International Symbol of Accessibility	(b) Display Conditions International Symbol of Accessibility
(c) International TDD Symbol	(d) International Symbol of Access for Hearing Loss