Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation Triggering event. In the NPRM, the cases where permits are required, the Department proposed using the start of Department should use “date of permit physical construction as the triggering application’’ as the effective date trigger- event for applying the proposed standards ing event, and if no permit is required, the to new construction under title III. This Department should use “start of construc- triggering event parallels that for the tion.’’ A number of these commenters alterations provisions (i.e., the date on argued that the date of permit application which construction begins), and would apply is appropriate because the applicant would clearly across all types of covered public have to consider the applicable State and accommodations. The Department also Federal accessibility standards in order to proposed that for prefabricated elements, submit the designs usually required with the such as modular buildings and amusement application. Moreover, the date of permit park rides and attractions, or installed application is a typical triggering event in equipment, such as ATMs, the start of other code contexts, such as when jurisdic- construction means the date on which the tions introduce an updated building code. site preparation begins. Site preparation Some commenters expressed concern includes providing an accessible route to the that using the date of “ start of construc- element. tion’’ was problematic because the date can be affected by factors that are outside The Department’s NPRM sought public the control of the owner. For example, an comment on how to define the start of owner can plan construction to start before construction and the practicality of apply- the new standards take effect and therefore ing commencement of construction as use the 1991 Standards in the design. If a triggering event. The Department also permits are not issued in a timely manner, requested input on whether the proposed then the construction could be delayed definition of the start of construction was until after the effective date, and then the sufficiently clear and inclusive of different project would have to be redesigned. This types of facilities. The Department also problem would be avoided if the permit sought input about facilities subject to title application date was the triggering event. III for which commencement of construc- Two commenters expressed concern that tion would be ambiguous or problematic. the term “start of construction’’ is ambigu- ous, because it is unclear whether start The Department received numer- of construction means the razing of struc- ous comments recommending that the tures on the site to make way for a new Department adopt a two-pronged approach facility or means site preparation, such to defining the triggering event. In those as regrading or laying the foundation. 46 - Guidance on 2010 Standards: Title III Department of Justice