Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation the 1991 Standards with respect to those applicable, it is necessary in this final rule required elements. As discussed with to provide new regulatory text. No substan- respect to Sec. 36.304, the Department tive change in the Department’s approach believes that this safe harbor strikes an in this area is intended by this revision. appropriate balance between ensuring that individuals with disabilities are provided Section 36.406 Standards for access to buildings and facilities and New Construction and Alterations mitigating potential financial burdens on existing places of public accommodation Applicable standards. Section 306 of the that are undertaking alterations subject to ADA, 42 U.S.C. 12186, directs the Attorney the 2010 Standards. This safe harbor is General to issue regulations to implement not a blanket exemption for facilities. If a title III that are consistent with the guide- private entity undertakes an alteration to lines published by the Access Board. As a primary function area, only the required described in greater detail elsewhere in elements of a path of travel to that area that this Appendix, the Department is a statu- already comply with the 1991 Standards tory member of the Access Board and was are subject to the safe harbor. If a private involved significantly in the development entity undertakes an alteration to a primary of the 2004 ADAAG. Nonetheless, the function area and the requiredelements of Department has reviewed the standards a path of travel to the altered area do not and has determined that additional regu- comply with the 1991 Standards, then the latory provisions are necessary to clarify private entity must bring those elements how the Department will apply the 2010 into compliance with the 2010 Standards. Standards to places of lodging, social service center establishments, housing at Section 36.405 Alterations: a place of education, assembly areas, and Historic Preservation medical care facilities. Those provisions are contained in Sec. 36.406(c)-(g). Each In the 1991 rule, the Department provided of these provisions is discussed below. guidance on making alterations to buildings or facilities that are eligible for listing in the Section 36.406(a) adopts the 2004 National Register of Historic Places under ADAAG as part of the 2010 Standards and the National Historic Preservation Act or establishes the compliance date and trig- that are designated as historic under State gering events for the application of those or local law. That provision referenced the standards to both new construction and 1991 Standards. Because those cross-refer- alterations. Appendix B of this final rule ences to the 1991 Standards are no longer (Analysis and Commentary on the 2010 42 - Guidance on 2010 Standards: Title III Department of Justice