Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation One commenter recommended using alterations’’ is not intended to mean the the “signing date of a construction date of ceremonial groundbreaking or the contract,’’ and an additional commenter date a structure is razed to make it possible recommended that the new standards for construction of a facility to take place. apply only to “buildings permitted after the effective date of the regulations.’’ Amusement rides. Section 234 of the 2010 Standards provides accessibility guidelines One commenter stated that for facilities for newly designed and constructed that fall outside the building permit require- amusement rides. The amusement ride ments (ATMs, prefabricated saunas, small provisions do not provide a “triggering sheds), the triggering event should be the event’’ for new construction or alteration of date of installation, rather than the date an amusement ride. An industry commenter the space for the facility is constructed. requested that the triggering event of “first use’’ as noted in the Advisory note to section The Department is persuaded by 234.1 of the 2004 ADAAG be included in the the comments to adopt a two-pronged final rule. The Advisory note provides that approach to defining the triggering event “[a] custom designed and constructed ride is for new construction and alterations. The new upon its first use, which is the first time final rule states that in those cases where amusement park patrons take the ride.’’ The permits are required, the triggering event Department declines to treat amusement shall be the date when the last application rides differently than other types of new for a building permit application or permit construction and alterations and under the extension is certified to be complete by a final rule, they are subject to Sec. 36.406(a) State, county, or local government, or in (3). Thus, newly constructed and altered those jurisdictions where the government amusement rides shall comply with the 2010 does not certify completion of applica- Standards if the start of physical construction tions, the date when the last application or the alteration is on or after 18 months for a building permit or permit extension from the publication date of this rule. The is received by the State, county, or local Department also notes that section 234.4.2 government. If no permits are required, of the 2010 Standards only applies where the then the triggering event shall be the “start structural or operational characteristics of an of physical construction or alterations.’’ amusement ride are altered. It does not apply The Department has also added clarifying in cases where the only change to a ride is language related to the term “start of physi- the theme. cal construction or alterations’’ to make it clear that “start of physical construction or Department of Justice Guidance on 2010 Standards: Title III - 47