Guidance on the 2010 ADA Standards for Accessible Design

170 Pages·2010·2.21 MB·English

Guidance on the
2010 ADA Standards
for Accessible Design
Department of Justice
September 15, 2010
Reproduction of this document is encouraged.
This publication may be viewed or downloaded
from the ADA website (www.ADA.gov).
Additional copies may be obtained
by calling the ADA Information Line:
800-514-0301 (voice)
800-514-0383 (TTY)
September 15, 2010
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Contents
1
Introduction........…………………....….………......1
2 State and Local Government Facilities:
Guidance on the Revisions to 28 CFR 35.151....3
3 Public Accommodations and Commercial
Facilities: Guidance on the Revisions
to 28 CFR part 36, subpart D.............…….……..39
4 Appendix B to part 36: Analysis and
Commentary on the 2010 ADA Standards
for Accessible Design…......................................69
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1
Introduction
The Department of Justice published its revised regulations for
Titles II and III of the Americans with Disabilities Act of 1990 “ADA”
in the Federal Register on September 15, 2010, which include
the 2010 Standards for Accessible Design “2010 Standards” or
“Standards”. In the revised regulations, the Department included
detailed guidance with a section-by-section analysis of the
revisions.
The following includes guidance from the revised regulations
related to 28 CFR 35.151; 28 CFR part 36, subpart D; and
the 2004 ADAAG. It addresses changes to the Standards,
the reasoning behind those changes, and responses to public
comments received on these topics
For More Information
For information about the ADA, including the revised 2010 ADA
regulations, please visit the Department’s website www.ADA.
gov; or, for answers to specific questions, call the toll-free ADA
Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY).
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2
State and Local
Government Facilities
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4 - Guidance on 2010 Standards: Title II Department of Justice
Section 35.151 -- Title II Regulation
State and Local Government Section 35.151(b) Alterations
Facilities: Guidance on the
The 1991 title II regulation does not con-
Revisions to 28 CFR Section
tain any specific regulatory language com-
35.151 parable to the 1991 title III regulation relating
to alterations and path of travel for cov-
Section 35.151(a), which provided that ered entities, although the 1991 Standards
those facilities that are constructed or altered describe standards for path of travel during
by, on behalf of, or for the use of a public alterations to a primary function. See 28 CFR
entity shall be designed, constructed, or part 36, app A., section 4.1.6(a) (2009).
altered to be readily accessible to and usable
by individuals with disabilities, is unchanged The path of travel requirements con-
in the final rule, but has been redesignated tained in the title III regulation are based
as Sec. 35.151(a)(1). The Department has on section 303(a)(2) of the ADA, 42 U.S.C.
added a new section, designated as Sec. 12183(a)(2), which provides that when an
35.151(a)(2), to provide that full compliance entity undertakes an alteration to a place of
with the requirements of this section is not public accommodation or commercial facil-
required where an entity can demonstrate ity that affects or could affect the usabil-
that it is structurally impracticable to meet ity of or access to an area that contains
the requirements. Full compliance will be a primary function, the entity shall ensure
considered structurally impracticable only in that, to the maximum extent feasible, the
those rare circumstances when the unique path of travel to the altered area--and the
characteristics of terrain prevent the incorpo- restrooms, telephones, and drinking foun-
ration of accessibility features. This excep- tains serving it--is readily accessible to
tion was contained in the title III regulation and usable by individuals with disabilities,
and in the 1991 Standards (applicable to including individuals who use wheelchairs.
both public accommodations and facilities
used by public entities), so it has applied The NPRM proposed amending
to any covered facility that was constructed Sec. 35.151 to add both the path of travel
under the 1991 Standards since the effective requirements and the exemption relating
date of the ADA. The Department added it to barrier removal (as modified to apply to
to the text of Sec. 35.151 to maintain con- the program accessibility standard in title
sistency between the design requirements II) that are contained in the title III regula-
that apply under title II and those that apply tion to the title II regulation. Proposed
under title III. The Department received no Sec. 35.151(b)(4) contained the require-
significant comments about this section. ments for path of travel. Proposed
Department of Justice Guidance on 2010 Standards: Title II - 5
Section 35.151 -- Title II Regulation
Sec. 35.151(b)(2) stated that the path of The Department is not changing the
travel requirements of Sec. 35.151(b)(4) shall requirements for program accessibility. As
not apply to measures taken solely to comply provided in Sec. 35.151(b)(2) of the regula-
with program accessibility requirements. tion, the path of travel requirements of Sec.
35.151(b)(4) only apply to alterations under-
Where the specific requirements for path taken solely for purposes other than to meet
of travel apply under title III, they are lim- the program accessibility requirements.
ited to the extent that the cost and scope The exemption for the specific path of travel
of alterations to the path of travel are dis- requirement was included in the regula-
proportionate to the cost of the overall tion to ensure that the specific requirements
alteration, as determined under criteria and disproportionality exceptions for path of
established by the Attorney General. travel are not applied when areas are being
altered to meet the title II program accessibil-
The Access Board included the path of ity requirements in Sec. 35.150. In contrast,
travel requirement for alterations to facilities when areas are being altered to meet pro-
covered by the standards (other than those gram accessibility requirements, they must
subject to the residential facilities standards) comply with all of the applicable require-
in section 202.4 of 2004 ADAAG. Section ments referenced in section 202 of the 2010
35.151(b)(4)(iii) of the final rule establishes Standards. A covered title II entity must pro-
the criteria for determining when the cost of vide accessibility to meet the requirements
alterations to the path of travel is “dispropor- of Sec. 35.150 unless doing so is an undue
tionate’’ to the cost of the overall alteration. financial and administrative burden in accor-
dance with Sec. 35.150(a)(3). A covered title
The NPRM also provided that areas II entity may not use the disproportionality
such as supply storage rooms, employee exception contained in the path of travel pro-
lounges and locker rooms, janitorial closets, visions as a defense to providing an acces-
entrances, and corridors are not areas con- sible route as part of its obligation to provide
taining a primary function. Nor are restroom program accessibility. The undue financial
areas considered to contain a primary func- and administrative burden standard does
tion unless the provision of restrooms is a not contain any bright line financial tests.
primary purpose of the facility, such as at a
highway rest stop. In that situation, a rest- The Department’s proposed
room would be considered to be an “area Sec. 35.151(b)(4) adopted the language
containing a primary function’’ of the facility. now contained in Sec. 36.403 of the title
III regulation, including the disproportion-
ality limitation (i.e., alterations made to
6 - Guidance on 2010 Standards: Title II Department of Justice