2010 ADA Standards for Accessible Design

Subpart D of 28 CFR Part 36 or if no permit is required, if the start of physical construction or alterations occurs on or after September 15, 2010, and before March 15, 2012. (3) New construction and alterations subject to §§ 36.401 or 36.402 shall comply with the 2010 Standards if the date when the last application for a building permit or permit extension is certified to be complete by a State, county, or local government (or, in those jurisdictions where the government does not certify completion of applications, if the date when the last application for a building permit or permit extension is received by the State, county, or local government) is on or after March 15, 2012, or if no permit is required, if the start of physical construction or alterations occurs on or after March 15, 2012. (4) For the purposes of this section, “start of physical construction or alterations” does not mean ceremonial groundbreaking or razing of structures prior to site preparation. (5) Noncomplying new construction and alterations. (i) Newly constructed or altered facilities or elements covered by §§ 36.401 or 36.402 that were constructed or altered before March 15, 2012, and that do not comply with the 1991 Standards shall, before March 15, 2012, be made accessible in accordance with either the 1991 Standards or the 2010 Standards. (ii) Newly constructed or altered facilities or elements covered by §§ 36.401 or 36.402 that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards shall, on or after March 15, 2012, be made accessible in accordance with the 2010 Standards. Appendix to § 36.406(a) Compliance Dates for New Construction and Alterations Applicable Standards On or after January 26, 1993, and 1991 Standards before September 15, 2010 On or after September 15, 2010, and 1991 Standards or 2010 Standards before March 15, 2012 On or after March 15, 2012 2010 Standards (b) Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, advisory notes, Department of Justice 2010 Standards: Title III - 27