§ 68.112   Hearing aid-compatibility.

   (a) Coin telephones. All new and existing coin-operated telephones, whether
   located on public property or in a semi-public location (e.g., drugstore,
   gas station, private club).

   (b)  Emergency use telephones. Telephones “provided for emergency use”
   include the following:

   (1) Telephones, except headsets, in places where a person with a hearing
   disability might be isolated in an emergency, including, but not limited to,
   elevators, highways, and tunnels for automobile, railway or subway, and
   workplace common areas.

   Note  to  paragraph (b)(1): Examples of workplace common areas include
   libraries,  reception  areas and similar locations where employees are
   reasonably expected to congregate.

   (2)  Telephones specifically installed to alert emergency authorities,
   including,  but  not limited to, police or fire departments or medical
   assistance personnel.

   (3)  Telephones, except headsets, in workplace non-common areas. Note:
   Examples of workplace non-common areas include private enclosed offices,
   open area individual work stations and mail rooms. Such non-common area
   telephones are required to be hearing aid compatible, as defined in § 68.316,
   by January 1, 2000, except for those telephones located in establishments
   with fewer than fifteen employees; and those telephones purchased between
   January 1, 1985 through December 31, 1989, which are not required to be
   hearing aid compatible, as defined in § 68.316, until January 1, 2005.

   (i) Telephones, including headsets, made available to an employee with a
   hearing disability for use by that employee in his or her employment duty,
   shall, however, be hearing aid compatible, as defined in § 68.316.

   (ii) As of January 1, 2000 or January 1, 2005, whichever date is applicable,
   there shall be a rebuttable presumption that all telephones located in the
   workplace are hearing aid compatible, as defined in § 68.316. Any person who
   identifies a telephone as non-hearing aid-compatible, as defined in § 68.316,
   may rebut this presumption. Such telephone must be replaced within fifteen
   working days with a hearing aid compatible telephone, as defined in § 68.316,
   including, on or after January 1, 2000, with volume control, as defined in
   § 68.317.

   (iii) Telephones, not including headsets, except those headsets furnished
   under paragraph (b)(3)(i) of this section, that are purchased, or replaced
   with newly acquired telephones, must be:

   (A) Hearing aid compatible, as defined in § 68.316, after October 23, 1996;
   and

   (B) Include volume control, as defined in § 68.317, on or after January 1,
   2000.

   (iv)  When  a telephone under paragraph (b)(3)(iii) of this section is
   replaced with a telephone from inventory existing before October 23, 1996,
   any person may make a bona fide request that such telephone be hearing aid
   compatible, as defined in § 68.316. If the replacement occurs on or after
   January 1, 2000, the telephone must have volume control, as defined in
   § 68.317. The telephone shall be provided within fifteen working days.

   (v) During the period from October 23, 1996, until the applicable date of
   January 1, 2000 or January 1, 2005, workplaces of fifteen or more employees
   also must provide and designate telephones for emergency use by employees
   with hearing disabilities through one or more of the following means:

   (A)  By  having  at least one coin-operated telephone, one common area
   telephone or one other designated hearing aid compatible telephone within a
   reasonable  and  accessible distance for an individual searching for a
   telephone from any point in the workplace; or

   (B) By providing wireless telephones that meet the definition for hearing
   aid compatible for wireline telephones, as defined in § 68.316, for use by
   employees in their employment duty outside common areas and outside the
   offices of employees with hearing disabilities.

   (4) All credit card operated telephones, whether located on public property
   or in a semipublic location (e.g., drugstore, gas station, private club),
   unless  a hearing aid compatible (as defined in § 68.316) coin-operated
   telephone  providing similar services is nearby and readily available.
   However, regardless of coin-operated telephone availability, all credit card
   operated telephones must be made hearing aid-compatible, as defined in
   § 68.316, when replaced, or by May 1, 1991, which ever comes sooner.

   (5) Telephones needed to signal life threatening or emergency situations in
   confined  settings,  including but not limited to, rooms in hospitals,
   residential health care facilities for senior citizens, and convalescent
   homes:

   (i) A telephone that is hearing aid compatible, as defined in § 68.316, is
   not required until:

   (A) November 1, 1997, for establishments with fifty or more beds, unless
   replaced before that time; and

   (B) November 1, 1998, for all other establishments with fewer than fifty
   beds, unless replaced before that time.

   (ii)  Telephones  that  are purchased, or replaced with newly acquired
   telephones, must be:

   (A) Hearing aid compatible, as defined in § 68.116, after October 23, 1996;
   and

   (B) Include volume control, as defined in § 68.317, on or after January 1,
   2000.

   (iii) Unless a telephone in a confined setting is replaced pursuant to
   paragraph (b)(5)(ii) of this section, a hearing aid compatible telephone
   shall not be required if:

   (A) A telephone is both purchased and maintained by a resident for use in
   that resident's room in the establishment; or

   (B)  The  confined  setting  has  an  alternative  means of signalling
   life-threatening or emergency situations that is available, working and
   monitored.

   (6)  Telephones  in  hotel  and  motel  guest  rooms, and in any other
   establishment  open to the general public for the purpose of overnight
   accommodation for a fee. Such telephones are required to be hearing aid
   compatible, as defined in § 68.316, except that, for establishments with
   eighty or more guest rooms, the telephones are not required to be hearing
   aid compatible, as defined in § 68.316, until November 1, 1998; and for
   establishments with fewer than eighty guest rooms, the telephones are not
   required to be hearing aid compatible, as defined in § 68.316, until November
   1, 1999.

   (i) Anytime after October 23, 1996, if a hotel or motel room is renovated or
   newly constructed, or the telephone in a hotel or motel room is replaced or
   substantially, internally repaired, the telephone in that room must be:

   (A) Hearing aid compatible, as defined in § 68.316, after October 23, 1996;
   and

   (B) Include volume control, as defined in § 68.317, on or after January 1,
   2000.

   (ii) The telephones in at least twenty percent of the guest rooms in a hotel
   or motel must be hearing aid compatible, as defined in § 68.316, as of April
   1, 1997.

   (iii) Notwithstanding the requirements of paragraph (b)(6) of this section,
   hotels and motels which use telephones purchased during the period January
   1, 1985 through December 31, 1989 may provide telephones that are hearing
   aid compatible, as defined in § 68.316, in guest rooms according to the
   following schedule:

   (A) The telephones in at least twenty percent of the guest rooms in a hotel
   or motel must be hearing aid compatible, as defined in § 68.316, as of April
   1, 1997;

   (B) The telephones in at least twenty-five percent of the guest rooms in a
   hotel or motel must be hearing aid compatible, as defined in § 68.316, by
   November 1, 1999; and

   (C) The telephones in one-hundred percent of the guest rooms in a hotel or
   motel must be hearing aid compatible, as defined in § 68.316, by January 1,
   2001 for establishments with eighty or more guest rooms, and by January 1,
   2004 for establishments with fewer than eighty guest rooms.

   (c) Telephones frequently needed by the hearing impaired. Closed circuit
   telephones,  i.e.,  telephones which cannot directly access the public
   switched  network,  such as telephones located in lobbies of hotels or
   apartment buildings; telephones in stores which are used by patrons to order
   merchandise; telephones in public transportation terminals which are used to
   call  taxis  or to reserve rental automobiles, need not be hearing aid
   compatible, as defined in § 68.316, until replaced.

   [ 49 FR 1362 , Jan. 11, 1984, as amended at  55 FR 28763 , July 13, 1990;  57 FR 27183 , June 18, 1992;  61 FR 42186 , Aug. 14, 1996;  61 FR 42392 , Aug. 15,
   1996;  62 FR 43484 , Aug. 14, 1997;  62 FR 51064 , Sep. 30, 1997]

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