Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation Noncomplying new construction and or altered facilities are accessible to indi- alterations. The element-by-element safe viduals with disabilities. Once the construc- harbor referenced in Sec. 36.304(d)(2) has tion or alteration of a facility has been no effect on new or altered elements in completed, all other aspects of programs, existing facilities that were subject to the services, and activities conducted in that 1991 Standards on the date that they were facility are subject to the operational require- constructed or altered, but do not comply ments established elsewhere in this final with the technical and scoping specifications rule. Although the Department has often for those elements in the 1991 Standards. chosen to use the requirements of the Section 36.406(a)(5) of the final rule 1991 Standards as a guide to determin- sets forth the rules for noncompliant new ing when and how to make equipment construction or alterations in facilities that and furnishings accessible, those cover- were subject to the requirements of this part. age determinations fall within the discre- Under those provisions, noncomplying new tionary authority of the Department. construction and alterations constructed or altered after the effective date of the appli- The Department is also clarifying that cable ADA requirements and before March the advisory notes, appendix notes, and 15, 2012 shall, before March 15, 2012, be figures that accompany the 1991 and made accessible in accordance with either 2010 Standards do not establish sepa- the 1991 Standards or the 2010 Standards. rately enforceable requirements unless Noncomplying new construction and altera- otherwise specified in the text of the stan- tions constructed or altered after the effec- dards. This clarification has been made to tive date of the applicable ADA requirements address concerns expressed by ANPRM and before March 15, 2012, shall, on or commenters who mistakenly believed that after March 15, 2012, be made accessible the advisory notes in the 2004 ADAAG in accordance with the 2010 Standards. established requirements beyond those established in the text of the guidelines Section 36.406(b) Application (e.g., Advisory 504.4 suggests, but does of Standards to Fixed Elements not require, that covered entities provide visual contrast on stair tread nosings to The final rule contains a new Sec. make them more visible to individuals with 36.406(b) that clarifies that the require- low vision). The Department received no ments established by this section, includ- comments on this provision in the NPRM. ing those contained in the 2004 ADAAG, prescribe the requirements necessary to ensure that fixed or built-in elements in new 48 - Guidance on 2010 Standards: Title III Department of Justice