Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation the Access Board. The Attorney General Section 35.151(c) of the 1991 title II (or his designee) is a statutory member of regulation establishes two standards for the Access Board (see 29 U.S.C. 792(a) accessible new construction and alteration. (1)(B(vii)) and was involved in the develop- Under paragraph (c), design, construction, ment of the 2004 ADAAG. Nevertheless, or alteration of facilities in conformance with during the process of drafting the NPRM, UFAS or with the 1991 Standards (which, the Department reviewed the 2004 ADAAG at the time of the publication of the rule to determine if additional regulatory provi- were also referred to as the Americans with sions were necessary. As a result of this Disabilities Act Accessibility Guidelines for review, the Department decided to propose Buildings and Facilities (1991 ADAAG)) is new sections, which were contained in deemed to comply with the requirements Sec. 35.151(e)(h) of the NPRM, to clarify of this section with respect to those facili- how the Department will apply the proposed ties (except that if the 1991 Standards are standards to social service center estab- chosen, the elevator exemption does not lishments, housing at places of education, apply). The 1991 Standards were based on assembly areas, and medical care facilities. the 1991 ADAAG, which was initially devel- Each of these provisions is discussed below. oped by the Access Board as guidelines for the accessibility of buildings and facilities Congress anticipated that there would that are subject to title III. The Department be a need for close coordination of the ADA adopted the 1991 ADAAG as the standards building requirements with State and local for places of public accommodation and building code requirements. Therefore, the commercial facilities under title III of the ADA authorized the Attorney General to ADA and it was published as Appendix A establish an ADA code certification process to the Department’s regulation implement- under title III of the ADA. That process is ing title III, 56 FR 35592 (July 26, 1991) as addressed in 28 CFR part 36, subpart F. amended, 58 FR 17522 (April 5, 1993), and Revisions to that process are addressed in as further amended, 59 FR 2675 (Jan. 18, the regulation amending the title III regula- 1994), codified at 28 CFR part 36 (2009). tion published elsewhere in the Federal Register today. In addition, the Department Section 35.151(c) of the final rule adopts operates an extensive technical assistance the 2010 Standards and establishes the program. The Department anticipates that compliance date and triggering events for once this rule is final, revised technical the application of those standards to both assistance material will be issued to pro- new construction and alterations. Appendix vide guidance about its implementation. B of the final title III rule (Analysis and Department of Justice Guidance on 2010 Standards: Title II - 11