Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation but do not comply with the technical and to the operational requirements established in scoping specifications for those elements this final rule. Although the Department may in the 1991 Standards or UFAS. Section use the requirements of the 2010 Standards 35.151(c)(5) of the final rule sets forth the as a guide to determining when and how rules for noncompliant new construction or to make equipment and furnishings acces- alterations in facilities that were subject to sible, those determinations fall within the the requirements of this part. Under those discretionary authority of the Department. provisions, noncomplying new construction and alterations constructed or altered The Department also wishes to clarify after the effective date of the applicable that the advisory notes, appendix notes, ADA requirements and before March 15, and figures that accompany the 1991 and 2012 shall, before March 15, 2012, be 2010 Standards do not establish separately made accessible in accordance with either enforceable requirements unless specifically the 1991 Standards, UFAS, or the 2010 stated otherwise in the text of the standards. Standards. Noncomplying new construction This clarification has been made to address and alterations constructed or altered after concerns expressed by ANPRM comment- the effective date of the applicable ADA ers who mistakenly believed that the advi- requirements and before March 15, 2012, sory notes in the 2004 ADAAG established shall, on or after March 15, 2012 be made requirements beyond those established in the accessible in accordance with the 2010 text of the guidelines (e.g., Advisory 504.4 Standards. suggests, but does not require, that cov- ered entities provide visual contrast on stair Section 35.151(d) Scope of coverage tread nosing to make them more visible to individuals with low vision). The Department In the NPRM, the Department proposed received no significant comments on this a new provision, Sec. 35.151(d), to clarify section and it is unchanged in the final rule. that the requirements established by Sec. 35.151, including those contained in Definitions of residential facilities and the 2004 ADAAG, prescribe what is neces- transient lodging. The 2010 Standards add sary to ensure that buildings and facilities, a definition of “residential dwelling unit’’ and including fixed or built-in elements in new or modify the current definition of “transient altered facilities, are accessible to individu- lodging.’’ Under section 106.5 of the 2010 als with disabilities. Once the construction or Standards, “residential dwelling unit’’ is alteration of a facility has been completed, defined as “[a] unit intended to be used all other aspects of programs, services, and as a residence, that is primarily long-term activities conducted in that facility are subject in nature’’ and does not include transient Department of Justice Guidance on 2010 Standards: Title II - 15