Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation one of the three standards, and may not Section 234 of the 2010 Standards pro- rely on some of the requirements contained vides accessibility guidelines for newly in one standard and some of the require- designed and constructed amusement rides. ments contained in the other standards. The amusement ride provisions do not pro- vide a “triggering event’’ for new construc- Triggering event. In Sec. 35.151(c)(2) of the tion or alteration of an amusement ride. An NPRM, the Department proposed that the industry commenter requested that the trig- commencement of construction serve as the gering event of “first use,’’ as noted in the triggering event for applying the proposed Advisory note to section 234.1 of the 2004 standards to new construction and alterations ADAAG, be included in the final rule. The under title II. This language is consistent with Advisory note provides that “[a] custom the triggering event set forth in designed and constructed ride is new upon Sec. 35.151(a) of the 1991 title II regula- its first use, which is the first time amusement tion. The Department received only four park patrons take the ride.’’ The Department comments on this section of the title II declines to treat amusement rides differ- rule. Three commenters supported the ently than other types of new construction use of “start of construction’’ as the trig- and alterations. Under the final rule, they are gering event. One commenter argued that subject to Sec. 35.151(c). Thus, newly con- the Department should use the “last build- structed and altered amusement rides shall ing permit or start of physical construction, comply with the 2010 Standards if the start whichever comes first,’’ stating that “alter- of physical construction or the alteration is ing a design after a building permit has on or after 18 months from the publication been issued can be an undue burden.’’ date of this rule. The Department also notes that section 234.4.2 of the 2010 Standards After considering these comments, the only applies where the structural or opera- Department has decided to continue to use tional characteristics of an amusement ride the commencement of physical construc- are altered. It does not apply in cases where tion as the triggering event for application of the only change to a ride is the theme. the 2010 Standards for entities covered by title II. The Department has also added Noncomplying new construction and clarifying language at Sec. 35.151(c) alterations. The element-by-element safe (4) to the regulation to make it clear that harbor referenced in Sec. 35.150(b)(2) the date of ceremonial groundbreaking has no effect on new or altered elements or the date a structure is razed to make in existing facilities that were subject to it possible for construction of a facility to the 1991 Standards or UFAS on the date take place does not qualify as the com- that they were constructed or altered, mencement of physical construction. 14 - Guidance on 2010 Standards: Title II Department of Justice