Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation Standards are subject to the safe harbor. If Section 35.151(c) Accessibility a public entity undertakes an alteration to a standards for new construction and primary function area and the required ele- alterations ments of a path of travel to the altered area do not comply with the 1991 Standards, then Section 35.151(c) of the NPRM proposed the public entity must bring those elements to adopt ADA Chapter 1, ADA Chapter 2, and into compliance with the 2010 Standards. Chapters 3 through 10 of the Americans with Disabilities Act and Architectural Barriers Section 35.151(b)(3) Act Guidelines (2004 ADAAG) into the ADA Alterations to historic facilities Standards for Accessible Design (2010 Standards). As the Department has noted, The final rule renumbers the requirements the development of these standards repre- for alterations to historic facilities enumer- sents the culmination of a lengthy effort by ated in current Sec. 35.151(d)(1) and (2) as the Access Board to update its guidelines, Sec. 35.151(b)(3)(i) and (ii). Currently, the to make the Federal guidelines consistent to regulation provides that alterations to his- the extent permitted by law, and to harmonize toric facilities shall comply to the maximum the Federal requirements with the private extent feasible with section 4.1.7 of UFAS sector model codes that form the basis of or section 4.1.7 of the 1991 Standards. See many State and local building code require- 28 CFR 35.151(d)(1). Section 35.151(b)(3) ments. The full text of the 2010 Standards (i) of the final rule eliminates the option of is available for public review on the ADA using UFAS for alterations that commence Home Page (http://www.ada.gov) and on the on or after March 15, 2012. The substan- Access Board’s Web site (http://www.access- tive requirement in current Sec. 35.151(d) board.gov/gs.htm) (last visited June 24, (2)--that alternative methods of access shall 2010). The Access Board site also includes be provided pursuant to the requirements an extensive discussion of the develop- of Sec. 35.150 if it is not feasible to provide ment of the 2004 ADA/ABA Guidelines, physical access to an historic property in and a detailed comparison of the 1991 a manner that will not threaten or destroy Standards, the 2004 ADA/ABA Guidelines, the historic significance of the building or and the 2003 International Building Code. facility--is contained in Sec. 35.151(b)(3)(ii). Section 204 of the ADA, 42 U.S.C. 12134, directs the Attorney General to issue regula- tions to implement title II that are consistent with the minimum guidelines published by 10 - Guidance on 2010 Standards: Title II Department of Justice