Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation In the NPRM, the Department proposed a that new construction of jails, prisons, and new section, Sec. 35.152, which combined a other detention facilities shall comply with range of provisions relating to both program the requirements of 2010 Standards. Section accessibility and application of the proposed 35.151(k)(1) also increases the scoping for standards to detention and correctional accessible cells from the 2 percent specified facilities. In the final rule, the Department is in the 2004 ADAAG to 3 percent. placing those provisions that refer to design, construction, and alteration of detention and Alterations. Although the 2010 Standards correction facilities in a new paragraph (k) contain specifications for alterations in of Sec. 35.151, the section of the rule that existing detention and correctional facilities, addresses new construction and alterations section 232.2 defers to the Attorney for covered entities. Those portions of the General the decision as to the extent these final rule that address other issues, such requirements will apply to alterations of cells. as placement policies and program acces- The NPRM proposed at Sec. 35.152(c) sibility, are placed in the new Sec. 35.152. that “[a]lterations to jails, prisons, and other detention and correctional facilities In the NPRM, the Department also will comply with the requirements of Sec. sought input on how best to meet the 35.151(b).’’ 73 FR 34466, 34507 (June 17, needs of inmates with mobility disabilities 2008). The final rule retains that requirement in the design, construction, and altera- at Sec. 35.151(k)(2), but increases the tion of detention and correctional facili- scoping for accessible cells from the 2 ties. The Department received a number of percent specified in the 2004 ADAAG to 3 comments in response to this question. percent. New Construction. The NPRM did not Substitute cells. In the ANPRM, the expressly propose that new construction Department sought public comment about the of correctional and detention facilities most effective means to ensure that existing shall comply with the proposed standards correctional facilities are made accessible to because the Department assumed it would prisoners with disabilities and presented three be clear that the requirements of Sec. options: (1) Require all altered elements to be 35.151 would apply to new construction accessible, which would maintain the current of correctional and detention facilities in policy that applies to other ADA alteration the same manner that they apply to other requirements; (2) permit substitute cells to facilities constructed by covered entities. The be made accessible within the same facility, Department has decided to create a new which would permit correctional authorities section, Sec. 35.151(k)(1), which clarifies to meet their obligation by providing the Department of Justice Guidance on 2010 Standards: Title II - 33