Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Com menta ry on the 201 0 A DAStandards of the 2010 Standards requires at least one entrance, and the requirements of the sixty percent (60%) of public entrances 1991 Standards typically resulted in these to be accessible. The revision is intended buildings having more than one accessible to achieve the same result as the 1991 entrance. Requiring at least sixty percent Standards. Thus, under the 2010 Standards (60%) of public entrances to be accessible where two public entrances are planned in is not expected to result in a substantial a newly constructed facility, both entrances increase in the number of accessible must be accessible. entrances compared to the requirements of the 1991 Standards. In some very large Where multiple public entrances are planned facilities this change may result in fewer to serve different site arrival points, the accessible entrances being required by the 1991 Standards, at section 4.1.2(1), and 2010 Standards. However, the Department section 206.2.1 of the 2010 Standards believes that the realities of good commercial require at least one accessible route to design will result in more accessible be provided from each type of site arrival entrances being provided for the convenience point provided, including accessible parking of all users. spaces, accessible passenger loading zones, public streets and sidewalks, and public The 1991 Standards and the 2010 Standards transportation stops, to an accessible public also contain exceptions that limit the entrance that serves the site arrival point. number of accessible entrances required in alterations to existing facilities. When Commenters representing small businesses entrances to an existing facility are altered recommended retaining the 1991 requirement and the facility has an accessible entrance, for fifty percent (50%) of public entrances the entrance being altered is not required of covered entities to be accessible. These to be accessible, unless a primary function commenters also raised concerns about the area also is altered and then an accessible impact upon existing facilities of the new sixty path of travel must be provided to the primary percent (60%) requirement. function area to the extent that the cost to do so is not disproportionate to the overall cost The Department believes that these of the alteration. commenters misunderstand the 1991 Standards. As explained above, the Alterations to Existing Elevators. When a requirements of the 1991 Standards single space or element is altered, the 1991 generally require more than fifty percent Standards, at sections 4.1.6(1)(a) and (b), (50%) of entrances in small facilities to be require the space or element to be made accessible. Model codes require that most accessible. When an element in one elevator buildings have more than one means of is altered, the 2010 Standards, at section egress. Most buildings have more than 206.6.1, require the same element to be Department of Justice Guidance on the 2010 Standards: Titles II and III - 83