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Understanding and
Applying the 2010 ADA STANDARDS
James A. BostromDeputy ChiefDisability Rights SectionU. S. Department of Justice
Contact Information
202 - 307 - 2584
Title II and III Regulations
Published in the Federal Register on September 15, 2010
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•Revision of Nondiscrimination Policies
and
•Adoption of 2010 Standards
Title II and III Regulations
Harmonized with Model Building Codes
Title II 2010 Standards
1991ADA
Standards
UFAS
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Title III 2010 Standards
1991ADA
Standards
2010 Standards for Accessible Design
Requirements in 28 CFR 35.151
and
2004 ADAAG
Title II Standards
2010 Standards for Accessible Design
Requirements in 28 CFR part 36 subpart D
and
2004 ADAAG
Title III Standards
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2010 Standards
2010 Standards
Title II 2010 Standards
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Title III2010
Standards
2010 Standards -- 2004 ADAAG
2010 Standards: Guidance
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2010 Standards: Guidance
www.ADA.gov
ADA Information Line800-514-0301
800-514-0383(tty)
Where do you go to find the latest information regarding Titles II and
III and the 2010 Standards?
2010 Standards
Looks all new, but...
REQUIREMENTS ARE NOT ALL
NEW!
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New Construction and Alterations
• Title II -- 28 CFR part 35.151
• Title III -- 28 CFR part 36, subpart D
• 2004 ADAAG for both
Other Noteworthy Changes...
• New Technical Specifications for Elements Used by Children
• New Coverage for Recreational, Court, Jails and Correctional, Housing...
• No Specific Section for Historic Facilities
• No Special Technical Specifications for Business and Mercantile
• No Special Technical Specifications for Libraries
Other Noteworthy Changes...
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Where Did Other Special Application Provisions go?
‣ Restaurants and Cafeterias
‣ Medical Care Facilities
‣ Business (sales and service)
‣ Transient Lodging
‣ Transportation
Other Noteworthy Changes...
There Are Also Decreased Requirements...
‣ Accessible route from site arrival points and within sites
‣ Use of a “LULA” when elevator is not required
‣ Covered passenger loading zone at medicare and long-term care facilities
‣ Accessible seating in larger assembly areas
‣ Accessible route to small press boxes...
Other Noteworthy Changes...
Titles II and III Regulations
Two Important Date Terms:
Effective Date
and
Compliance Date...
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• The Rule takes effect on March 15, 2011. (six months from publication)
• Non-discrimination requirements
Effective Date
• New construction and alterations requirements -- March 15, 2012 (eighteen months from publication)
Compliance Date
Effective Dates...
Available From:
www.ADA.gov
ADA Information Line
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• 2010 standards mustbefollowed for new construction, alterations, and program access
• 2010 Standards are new reference point for program accessibility and barrier removal
On or after March 15, 2012
• 1991 ADA Standards*, Uniform Federal Accessibility Standards (UFAS), or 2010 ADA Standards may be used for new construction and alterations.
*Elevator exemption does not apply.
Title II Between Now and
March 15, 2012
• 1991 ADA Standards or 2010 ADA Standards may be used for new construction and alterations.
Title III Between Now and
March 15, 2012
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• For programaccess -- covered entities may choose to use either the UFAS, the 1991 Standards*, or the 2010 Standards.
*Elevator exemption does not apply.
Between Now and March 15, 2012
• For readily achievable barrier removal -- covered entities may choose to use either the 1991 Standards or the 2010 Standards.
Between Now and March 15, 2012
2010 Standards for Accessible Design
Key Concepts:
Incremental Changes
Supplemental Changes
Changes from 1991 Standards
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2010 Standards for Accessible Design
Incremental Changes
Requirements in the 1991 Standards that are modified in the 2010 Standards
2010 Standards for Accessible Design
Incremental Changes
Maximum side reach was 54 inches AFF in 1991 Standards
Maximum side reach is 48 inches AFF in 2010 Standards
2010 Standards for Accessible Design
Supplemental Changes
are
New Requirements
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2010 Standards for Accessible Design
Supplemental Changes
are
Not covered by a Safe Harbor...
How to apply new requirements in the 2010 Standards to facilities built or altered to comply with the 1991 Standards?
Existing Facilities???
An “existing facility” is:
“a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part.”
Existing Facilities...
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Elements that comply with the corresponding requirements for those elements in the 1991 Standards or UFAS do not need to be modified to meet the 2010 Standards unless they are altered on or after March 15, 2012.
Safe Harbor:Existing Facilities
Safe Harbor:Existing Facilities
Safe Harbor does not apply to elements in existing facilities that were not subject to specific requirements in the 1991 Standards.
(A) Residential facilities and dwelling units
(B) Amusement rides
(C) Recreational boating facilities
(D) Exercise machines and equipment
(E) Fishing piers and platforms
(F) Golf facilities
(G) Miniature golf facilities
Not Subject to Safe Harbor§35.150(b)(2)(ii) and §36.304(d)(2)(iii)
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(H) Play areas
(I) Saunas and steam rooms
(J) Swimming pools, wading pools, and spas
(K) Shooting facilities with firing positions
(L) Miscellaneous (1) Team or player seating
(2) Accessible route to bowling lanes
(3) Accessible route in court sports facilities
Not Subject to Safe Harbor§35.150(b)(2)(ii) and §36.304(d)(2)(iii)
Supplemental Changes:Existing Facilities
Example:
Swimming Pools
sections 242 + 1009
• Noncomplying facilities, i.e., facilities built after the compliance date for the 1991 Standards, but that are not in compliance with those standards, must be modified as follows:
Noncomplying Facilities§ 35.151(c)(5) and §36.304(d)(2)(ii)
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Before March 15, 2012, choice of:
•1991 Standards
•2010 Standards
•UFAS (title II only)
After March 15, 2012, entities must bring their noncomplying facilities into compliance with the 2010 Standards.
Noncomplying Facilities
If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.
§35.133 Maintenance of Accessible Features
see page 36
§35.133 Maintenance...
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§35.133 Maintenance...
Title II Rule adds regulatory text mirroring path of travel requirements in title III.
Titles II and III – Path of Travel
If a covered entity has constructed or altered required elements of a path of travel under the 1991 Standards (or UFAS), before March 15, 2012, then retrofit of these elements to reflect incremental changes in the 2010 Standards is not required just because an area of a primary function area served by the path of travel was previously altered.
(§ 35.151(b)(4)(ii)(C) or § 36.403(a)(2))
Path of Travel Safe Harbor
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Significant Changes: Costs
Blue = more stringentGreen = less stringentOrange = supplemental
Appendix 8 from Regulatory Impact
Analysis
2010 Standards: 2004 ADAAG
CHAPTER 1: APPLICATION AND ADMINISTRATION
CHAPTER 2: SCOPING REQUIREMENTS
CHAPTERS 3 - 10: TECHNICAL REQUIREMENTS
ADAAG Structure and Format2010 ADA Standards
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CHAPTER 1: APPLICATION AND ADMINISTRATION
2010 ADA Standards
2010 ADA Standards
Chapter 1
Page 37
Italicized text are terms defined in 106.5
Italicized Text?
2010 ADA Standards
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2010 ADA Standards
• 1991 Standards – Advisory text was included in the Appendix
• 2010 Standards – Advisory text is included within the text after the provision
• Advisory Language NOT enforceable
2010 ADA Standards
• Figures provided for informational purposes only -- must read text... 104.3
105 Reference Standards
Something New
Used with provisions of 2010 Standards
• ANSI/BHMA
• ASME
• ASTM
• ICC/IBC
• NFPA
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Chapter 1: Application and Administration
106.2 Terms Defined in Referenced Standards
106.3 Undefined Terms -- not defined in title II regulations or referenced standards
106.5 Defined Terms
106 Definitions
Chapter 1: Application and Administration
Terms not covered by defined terms
Defined by collegiate dictionaries in the sense that the context implies
Undefined Terms
Chapter 1: Application and Administration
20 terms from 1991 Standards deleted
33 new terms defined in 106.5 Defined Terms
Changes to Definitions
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Chapter 1: Application and Administration
Technically Infeasible is in definitions and not in the alterations section
Many new definitions for recreation facilities
Selected Changes in Defined Terms
Chapter 1: Application and Administration
Assembly Area. A building or facility, or portion thereof, used for the purpose of entertainment, educational or civic gatherings, or similar purposes. For the purposes of these requirements, assembly areas include, but are not limited to, classrooms, lecture halls, courtrooms, public meeting rooms, public hearing rooms, legislative chambers, motion picture houses, auditoria, theaters, playhouses, dinner theaters, concert halls, centers for the performing arts, amphitheaters, arenas, stadiums, grandstands, or convention centers.
Selected Changes in Defined Terms
Chapter 1: Application and Administration
Turn to --
231.2 Courtrooms. Each courtroom shall comply with 808.
Using Defined Terms
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Chapter 1: Application and Administration
808 Courtrooms
808.1 General. Courtrooms shall comply with 808.
808.2 Turning Space. Where provided, areas that are raised or depressed and accessed by ramps or platform lifts with entry ramps shall provide unobstructed turning space complying with 304.
808.3 Clear Floor Space. Each jury box and witness stand shall have, within its defined area, clear floor space complying with 305.EXCEPTION: In alterations, wheelchair spaces are not required to be located within the defined area of raised jury boxes or witness stands and shall be permitted to be located outside these spaces where ramp or platform lift access poses a hazard by restricting or projecting into a means of egress required by the appropriate administrative authority.
Using Defined Terms
Chapter 1: Application and Administration
Using Defined Terms
Other Courtroom Requirements?
• Assembly Areas• Accessible Route• Entrance• Alarms...
Questions
?
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