ADA Accessibility Guidelines for Buildings and Facilities (ADAAG)

3.5 Definitions.

Assembly Area. A room or space accommodating a group of individuals for recreational, political, social, civic, or amusement purposes, or the consumption of food and drink.

4.1.3. Accessible          Buildings:  

New Construction.  Accessible buildings and facilities shall meet the following minimum requirements;

(19)* Assembly areas

(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, meetings 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.

4.30 Signage. 

4.30.7* Symbols  of Accessibility.

(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 (see Figure 1).

4.33 Assembly Areas

4.33.6* Placement of Listening Systems. 

If the listening system provided serves individual fixed seats, then such seats shall be located within a 50 ft (15 m) viewing distance of the stage or playing area and shall have a complete view of the stage or playing area.

Figure 1: International Symbol of Access for Hearing Loss

4.33.7* Types of Listening Systems.  

Assistive listening systems (ALS) are intended to augment standard public address and audio systems by providing signals which can be received directly by persons with special receivers or their own hearing aids and which eliminate or filter background noise. The type of assistive listening system appropriate for a particular application depends on the characteristics of the setting, the nature of the program, and the intended audience. Magnetic induction loops, infra-red and radio frequency systems are types of listening systems which are appropriate for various applications.

Figure 2: An induction Loop (IL) System

Figure 3: An FM System

Figure 4: An Infrared (IR) System

Figure 5: Top: A monaural ear-bud (not recommended but sometimes provided); Bottom left: a standard stethoscope-type headset; Bottom right: a specialized headphone with electronics built-in for infrared reception.

Figure 6: Coupling a hearing aid to an ALS receiver using a neck loop or silhouette.

Figure 7: Coupling a hearing aid to an ALS by placing the headphone over the hearing aid while it is switched to the “T” setting.

Figure 8: Coupling a cochlear implant to an ALS using a patch cord.

DOJ Title II rule

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR PART 35

[Order No.]

Nondiscrimination on the Basis of Disability in State and Local Government Services

AGENCY: Department of Justice.

Action: Final Rule.

Subpart A -- General

{35.104 Definitions

Auxiliary aids and services includes—

(1) Qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD’s), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

Subpart E – Communications

{35.160 General.

(a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. 

(b)(1) A public entity shall furnish appropriate  auxiliary aids and  services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits, of a service, program, or activity conducted by a public entity. 

(2) In determining what type of auxiliary aids and service is  necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.

AND TITLE III:

PART 36  NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES

Sec.36.303 Auxiliary aids and services.

(a)      General. A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodations can demonstrate taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense.

(b) Examples. The term “auxiliary aids and services” includes – (1) Qualified interpreters, notetakers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD’s), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

[…]

(c) Effective communication. A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities.

The technical assistance provided in this Bulletin is intended solely as informal guidance; it is not a determination of the legal rights or responsibilities of entities subject to titles II or III of the ADA.

 The landmark Americans with Disabilities Act (ADA), enacted on July 26, 1990, provides comprehensive civil rights protections to individual with disabilities in the areas of employment (title I), State and local government services (title II), public accommodations and commercial facilities (title III), and telecommunications (title IV). Both the Department of Justice and the Department of Transportation, in adopting standards for construction and alterations of places of public accommodation and commercial facilities covered by title III and public transportation facilities covered by title II of the ADA, have issued implementing rules that incorporate the Americans with Disabilities Act Accessibility Guidelines (ADAAG), developed by the Access Board.

U.S. Architectural and Transportation Barriers Compliance Board

BULLETIN #8A:  ASSISTIVE LISTENING SYSTEMS FOR CONSUMERS

Why is it hard to hear in some spaces?

The farther you are from a sound source, either someone talking or a loudspeaker, the lower the sound volume at your ears. While this distance effect can be overcome by increasing the volume, this is not all that is needed for good listening. Two acoustical characteristics of enclosed spaces – background noise and reverberation – have a disproportionate effect upon the speech perception of hearing-impaired people. This is because a hearing loss reduces or eliminates many of the normal acoustical cues necessary for understanding speech. People with hearing loss are already struggling to understand speech; when noise and reverberation is added to the equation, their comprehension can fall from barely adequate to zero. 

Background noise is unwanted sound that competes with and masks the sounds you do want to hear. The noise may be coming from air conditioning or heating ducts, from various kinds of equipment, or from other occupants and their activities. Who has not complained about the difficulty of hearing and understanding in a noisy restaurant or party? We live in a noisy world that seems to get noisier as the years go by!

In reverberation, –echoes – the desired sound signals are reflected off the various surfaces of a room, bouncing around so that parts of it gets to your ears at different times. What this overlapping of sound does is blur its clarity. The amount of reverberation is a product of room proportions and the nature of the surfacing material. Excessive reverberation causes the difficulty we have understanding public address announcements in such places as transit stations, airports and arenas. While the sound signals may be loud enough, the acoustical conditions in these locations can make comprehension difficult or impossible. 

Turning up the volume of a hearing aid is not an answer. This simply increases the loudness of both the desired sounds and the background noise and reverberation. So a different approach is needed for people with hearing loss, i.e. an assistive listening system.

How can an assistive listening system help?

An assistive listening system – an ALS or, sometimes called ALD (D for device) – makes a wireless, electronic connection between the sound source and your ear. This “bridging” effect eliminates the effects of distance, background noise and reverberation so that you can hear and understand better. Because an ALS transmits the sound directly from the source to your ears, it’s like having the talker (or the sound track of a movie) right next to you. You no longer have to be concerned how far your seat is from the loudspeakers or the person talking. Even if you are in the back of the room, the sound volume can be as loud as you want, without at the same time increasing the loudness of the background sounds.  Even if the room is noisy or very reverberant, you should still be able to hear clearly, since the listening system is bypassing all the acoustical conditions in the room.

An ALS is not a substitute for hearing aids, but a supplement to them. Such systems are designed to work with or without the person wearing hearing aids. Therefore, even people who don’t wear hearing aids will find these devices useful for difficult and large-area listening.  

The Americans with Disabilities Act (ADA) requires that certain kinds of public and private facilities that normally provide amplification systems for their audiences – such as theaters, movie houses, arenas and stadiums, auditoriums, meeting and lecture rooms, concert and performance halls, and courtrooms – must install assistive listening systems  for people who want to use them. Clearly visible signs must be posted that indicate the availability of the ALS and the location in the facility where the appropriate receivers can be obtained.

 How does an ALS work?

Usually, an assistive listening system simply piggybacks on a standard public address (PA) or sound amplification system. In such instances, the sound sources (either from microphones or the audio track of a movie) are amplified and then broadcast through loudspeakers to the audience. The ALS adds specialized equipment to this normal system so that the same signals can be transmitted to the ears of the person with a hearing loss after being picked up by appropriate receivers. There are three distinct types of systems, named for the method of signal transmission: induction loop (IL), FM (frequency modulation) as in FM radio, and infrared (IR).

Induction loop (IL) systems use a wire around the room to transmit an electromagnetic signal that is picked up a small telecoil in the hearing aid. Users simply switch on this telecoil (the “T” setting) and adjust the volume of the hearing aid, if necessary. However, telecoils (mainly used for improved telephone access) are found in only about thirty percent of current hearing aids. For those people whose hearing aids do contain telecoils, an IL system is the most convenient one of all – the special “receiver” being their own hearing aids (see Figure 2).

FM systems are variations on the commercial FM radio. Radio signals are broadcast by an FM transmitter piggybacked on the sound system used in the facility. These signals are received by individual “radios” – small pocket-size receivers tuned to the specific frequency used in the transmission (see Figure 3). There are a number of alternative ways to make the receiver-to-ear connections; these will be fully discussed below.

Infrared (IR) systems operate on infrared light that is beamed from one or several IR transmitters to small, specialized receivers. There are several types of IR receivers: stethoscope-style that dangle from the ears, a headset type that fits over the ears, and a small pocket-size type similar to the FM receiver. With the first two, the receiver-to-ear connections are straightforward; they are placed directly in or on the ear (see Figure 4). The alternative ways to make the receiver-to-ear connections with the third, pocket-style, is the same as with FM receivers and will be discussed below.

Each system has its advantages and disadvantages. A system that works well in a courtroom would not be appropriate for a multiplex theater; an outdoor facility needs a different system than an orchestra hall. Differences in confidentially, interference, cost, installation requirements, and operability make it impossible to simply use one type of ALS in every venue. Before installing an ALS, the installer will consult with the location managers and do a site analysis before making the determination as to which system would be the most appropriate.

What kind of receivers and connections will work for me with IR and FM systems?

Non-hearing aid users can use headphones or either monaural (not recommended) or stereo (preferred) earbuds with pocket-type receivers, for either FM or IR systems. When using an IR system, such people can employ the common stethoscope type receiver, or a specialized headphone in which all the necessary electronics are contained (see Figure 5).

For hearing aid users, the choices are somewhat more varied and depend upon whether the hearing aids incorporate T-coils. If they do, then the user can plug a neckloop or silhouette inductor directly into a pocket-type receiver (see Figure 6). A neckloop is a miniature version of a room IL system, but fits around the neck like a necklace. A silhouette inductor is also a wire coil, but one embedded in a thin plastic shape similar to a behind-the-ear hearing aid (shown in Figure 6). Silhouettes can be quite useful for people with the most severe hearing losses.

Either a neckloop or a silhouette inductor would work the same for both FM and IR systems.  As with a room IL system, the neckloop or silhouette inductor transmits an electromagnetic signal to the T-coils within the hearing aids (the “T” switch must be in the “on” position). A major advantage of using this mode of transmitting audio signals is that it utilizes the individualized adjustments made in the person’s own hearing aids.

If the hearing aids do not contain a telecoil, then the person has the option of removing them and placing headphones over their head or earbuds in their ears (as non-hearing aid users would do). This would only work if the hearing loss were not too severe. Otherwise, the person can simply place headphones over the ear and hearing aids. If this produces acoustical squeal, it may be necessary to turn the hearing aid volume down and compensating, if necessary, by turning up the volume of the ALS. People who wear behind-the-ear hearing aids will have more difficulty placing headphones over their ears than those who use in-the-ear hearing aids. In this instance, the use of T-coils would be advisable.

Some hearing aid users may prefer to do both: headphones over their ears while turning the aids to the T-coil position (see Figure 7). This will work with headphones that also emit an electro-magnetic signal in addition to sound, similar to the way that hearing aid compatible telephones operate.

Cochlear implant users are advised to bring their own patch cord to connect the implant to the specific ALS receiver used in the facility (see Figure 8). This would also be necessary for people who prefer to use a direct audio input (DAI) into a “boot” under their behind-the-ear hearing aids.

  What is involved in obtaining and returning ALS receivers?

The specific place within a facility where receivers can be obtained should be noted on a visible sign in a conspicuous location or can be learned by asking at the box office. One of the facility employees is required to take on this responsibility. All you have to do is “check” one out, usually by leaving some picture ID as surety. The facility may not ask a rental charge for the receiver. At the conclusion of the event, your ID will be returned when you return the receiver. When planning to attend a particular event, it is a good idea to call ahead to determine what kind of system is installed and what connecting devices are offered. Facilities may not provide the kind of system, receiver, and/or connector that is compatible with your need, your hearing aid (if you wear one), or your preference. Some facilities will be willing to stock a range of connecting devices or even acquire a particular type given a sufficient number of requests. If for some reason, your particular needs are unable to be accommodated, you may want to consider purchasing your own connector (such as a neckloop).  

If you find that a system does not work for you, advise the management. Insist that a staff member troubleshoot the system to determine the cause of the problem. This could be because of any of the reasons listed above. While the ADA requires that the operators of movie houses, theaters, auditoriums, and similar large assembly places provide such systems, there are as of yet no official standards regulating their use in the ADA Accessibility Guidelines. You can suggest that facilities that need guidance on system selection, use, and maintenance log on to the Access Board website at www.access-board.gov for a copy of the ALS/ALD Technical Assistance Bulletin for Providers (Bulletin No. 88). A Bulletin for installers is also available.

The Rehabilitation Engineering Research Center on Hearing Enhancement, website www.hearingresearch.org, has a great deal of useful information on assistive listening systems. Other resources include the technical assistance center at Gallaudet University, www.tap.gallaudet.edu, and the U.S. Access Board, www.access-board.gov. The Access Board also services a toll-free technical assistance number at 1-800 872-2253 (V) or l-800 993-2822 (TTY). If you wish to field a complaint about the lack of functioning ALS/ALD, contact the US Department of Justice at 1-800 514-0301 (V) or 1-800 514-0384 (TTY).  

U.S. Architectural and Transportation Barriers Compliance Board
The Access Board / 1331 F Street, NW #1000 / Washington, DC 20004

TEL: (800)872-2253 TTY: (800)993-2822
TEL: (202)272-5434 TTY: (202)272-5449
FAX: (202)272-5447