Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation ADA Standards for Accessible Design) deleting the advisory information now provides a description of the major changes published in a table at Sec. 36.406(b). in the 2010 Standards (as compared to Compliance date. When the ADA was the 1991 ADAAG) and a discussion of enacted, the compliance dates for various the public comments that the Department provisions were delayed in order to provide received on specific sections of the 2004 time for covered entities to become familiar ADAAG. A number of commenters asked with their new obligations. Titles II and III the Department to revise certain provi- of the ADA generally became effective on sions in the 2004 ADAAG in a manner that January 26, 1992, six months after the would reduce either the required scoping or regulations were published. See 42 U.S.C. specific technical accessibility requirements. 12131 note; 42 U.S.C. 12181 note. New As previously stated, the ADA requires the construction under title II and alterations Department to adopt standards consistent under either title II or title III had to comply with the guidelines adopted by the Access with the design standards on that date. See Board. The Department will not adopt any 42 U.S.C. 12131 note; 42 U.S.C. 12183(a) standards that provide less accessibil- (2). For new construction under title III, the ity than is provided under the guidelines requirements applied to facilities designed contained in the 2004 ADAAG because the and constructed for first occupancy after guidelines adopted by the Access Board are January 26, 1993--18 months after the “ minimum guidelines.’’ 42 U.S.C. 12186(c). 1991 Standards were published by the Department. See 42 U.S.C. 12183(a)(1). In the NPRM, the Department specifi- cally proposed amending Sec. 36.406(a) by The Department received numerous dividing it into two sections. Proposed Sec. comments on the issue of effective date, 36.406(a)(1) specified that new construc- many of them similar to those received tion and alterations subject to this part shall in response to the ANPRM. A substantial comply with the 1991 Standards if physical number of commenters advocated a mini- construction of the property commences mum of 18 months from publication of the less than six months after the effective final rule to the effective date for applica- date of the rule. Proposed Sec. 36.406(a) tion of the standards to new construction, (2) specified that new construction and consistent with the time period used for alterations subject to this part shall comply implementation of the 1991 Standards. with the proposed standards if physical Many of these commenters argued that the construction of the property commences 18-month period was necessary to minimize six months or more after the effective date the likelihood of having to redesign projects of the rule. The Department also proposed already in the design and permitting stages Department of Justice Guidance on 2010 Standards: Title III - 43