Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation Commentary on the 2010 ADA Standards for 42 U.S.C. 12183(a)(1). For new construction Accessible Design) (which will be published under title III, the requirements applied today elsewhere in this volume and codified to facilities designed and constructed for as Appendix B to 28 CFR part 36) provides a first occupancy after January 26, 1993-- description of the major changes in the 2010 18 months after the 1991 Standards were Standards (as compared to the 1991 ADAAG) published by the Department. In the NPRM, and a discussion of the public comments that the Department proposed to amend the Department received on specific sections Sec. 35.151(c)(1) by revising the current of the 2004 ADAAG. A number of comment- language to limit the application of the 1991 ers asked the Department to revise certain standards to facilities on which construction provisions in the 2004 ADAAG in a manner commences within six months of the final that would reduce either the required scop- rule adopting revised standards. The NPRM ing or specific technical accessibility require- also proposed adding paragraph (c)(2) to ments. As previously stated, although the Sec. 35.151, which states that facilities on ADA requires the enforceable standards which construction commences on or after issued by the Department under title II and the date six months following the effective title III to be consistent with the minimum date of the final rule shall comply with the guidelines published by the Access Board, proposed standards adopted by that rule. it is the sole responsibility of the Attorney General to promulgate standards and to As a result, under the NPRM, for the first interpret and enforce those standards. The six months after the effective date, public guidelines adopted by the Access Board are entities would have the option to use either “minimum guidelines.’’ 42 U.S.C. 12186(c). UFAS or the 1991 Standards and be in compliance with title II. Six months after the Compliance date. When the ADA was effective date of the rule, the new standards enacted, the effective dates for various would take effect. At that time, construction provisions were delayed in order to provide in accordance with UFAS would no longer time for covered entities to become familiar satisfy ADA requirements. The Department with their new obligations. Titles II and III stated that in order to avoid placing the bur- of the ADA generally became effective on den of complying with both standards on January 26, 1992, six months after the public entities, the Department would coor- regulations were published. See 42 U.S.C. dinate a government-wide effort to revise 12131 note; 42 U.S.C. 12181 note. New Federal agencies’ section 504 regulations construction under title II and alterations to adopt the 2004 ADAAG as the standard under either title II or title III had to comply for new construction and alterations. with the design standards on that date. See 12 - Guidance on 2010 Standards: Title II Department of Justice