Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Com menta ry on the 201 0 A DAStandards community. If undertaken at the time a and constructed so that individuals with system is installed, whether in a new facility disabilities can approach, enter, and exit or in a planned system upgrade, the cost of the areas. Section 206.2.8 of the 2010 adding visible alarms is reasonable. Over Standards requires accessible common time, existing facilities will become fully use circulation paths within employee work accessible to individuals who are deaf or areas unless they are subject to exceptions hard of hearing, and will add minimal costs to in sections 206.2.8, 403.5, 405.5, and 405.8. owners and operators. The ADA, 42 U.S.C. 12112 (b)(5)(A) and (B), requires employers to make reasonable 203 General Exceptions accommodations in the workplace for individuals with disabilities, which may Limited Access Spaces and Machinery include modifications to work areas when Spaces. The 1991 Standards, at section needed. Providing increased access in the 4.1.1, contain an exception that exempts facility at the time of construction or alteration “non-occupiable” spaces that have limited will simplify the process of providing means of access, such as ladders or very reasonable accommodations when they are narrow passageways, and that are visited needed. only by service personnel for maintenance, repair, or occasional monitoring of equipment, The requirement for accessible common from all accessibility requirements. Sections use circulation paths will not apply to 203.4 and 203.5 of the 2010 Standards existing facilities pursuant to the readily expand this exception by removing the achievable barrier removal requirement. condition that the exempt spaces be “non- The Department has consistently taken the occupiable,” and by separating the other position that barrier removal requirements conditions into two independent exceptions: do not apply to areas used exclusively by one for spaces with limited means of access, employees because the purpose of title III is and the other for machinery spaces. More to ensure that access is provided to clients spaces are exempted by the exception in the and customers. See Appendix B to the 1991 2010 Standards. regulation implementing title III, 28 CFR part 36. 203, 206 and 215 Employee Work Areas Several exceptions to section 206.2.8 of Common Use Circulation Paths in the 2010 Standards exempt common use Employee Work Areas. The 1991 circulation paths in employee work areas Standards at section 4.1.1(3), and the from the requirements of section 402 where 2010 Standards at section 203.9, require it may be difficult to comply with the technical employee work areas in new construction requirements for accessible routes due to the and alterations only to be designed size or function of the area: Department of Justice Guidance on the 2010 Standards: Titles II and III - 75