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2010
ADA STANDARDS
for Accessible Design
James A. Bostrom
Deputy Chief
Disability Rights Section
U.S. Department of Justice
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Title II and III Regulations
Published in the Federal Register on September 15, 2010
Image: Cover of the Federal Register for Sept. 15, 2010, 28 CFR parts 35 and 36
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Revision of Nondiscrimination PoliciesandAdoption of 2010 Standards
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Harmonized with Model Building Codes
Image: Covers of the International Building Code 2006 and
American National Standard: Accessible and Usable Buildings and Facilities 2003
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2010 Standards for Accessible Design
Title II StandardsRequirements in 28 CFR 35.151and2004 ADAAG
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2010 Standards for Accessible Design
Title III StandardsRequirements in 28 CFR part 36 subpart Dand2004 ADAAG
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2010 Standards and “2004 ADAAG” defined in revised regulations...
2004 ADAAG -- requirements set forth in appendices B and D to 36 CFR part 1191 (2009)
2010 Standards -- 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the requirements contained in § 35.151 and subpart D of 28 CFR part 36andAdoption of 2010 Standards
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2010 Standards at ADA.gov
Image: Home page of ada.gov with arrow pointing to link ADA Standards for Accessible Design (New November 15, 2010)
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2010 Standards
Image: Cover of the 2010 ADA Standards for Accessible Design, Department of Justice, September 15, 2010
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2010 Standards
Image: Table of Contents page of the 2010 Standards: 1-- Introduction; 2 -- 2010 Standards for State and Local Government Facilities, Title II; 3 -- 2010 Standards for Public Accommodations and Commercial Facilities, Title III; 4 -- 2010 Standards for Titles II and III Facilities: 2004 ADAAG
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Title II 2010 Standards
Image: Contents page for Title II 2010 Standards: 28 CFR 35.151 New Construction and Alterations
(a) Design and construction (includes the exception for structural impracticability)
(b) Alterations (includes alterations in historic properties, path of travel, and primary function)
(c) Accessibility standards and compliance date
(d) Scope of coverage
(e) Social service center establishments
(f) Housing at a place of education
(g) Assembly areas
(h)Medical care facilities
(i) Curb ramps
(j) Facilities with residential dwelling units for sale to individual owners
(k) Detention and correctional facilities
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Title III2010 Standards
Image: Contents page for Title III 2010 Standards: 28 CFR part 36, subpart D — New Construction and Alterations
36.401 New construction
(a) General
(b) Commercial facilities located in private residences
(c) Exception for structural impracticability
(d) Elevator exemption
36.402 Alterations
(a) General
(b) Alteration
(c) To the maximum extent feasible
36.403 Alterations: Path of travel
(a) General
(b) Primary function
(c) Alterations to an area containing a primary function
(d) Landlord/tenant
(e) Path of travel
(f) Disproportionality
(g) Duty to provide accessible features in the event of disproportionality
(h) Series of smaller alterations
36.404 Alterations: Elevator exemption
36.405 Alterations: Historic preservation
36.406 Standards for new construction and alterations
(a) Accessibility standards and compliance date
(b) Scope of coverage
(c) Places of lodging
(d) Social service center establishments
(e) Housing at a place of education
(f) Assembly areas
(g) Medical care facilities
36.407 – 36.499 [Reserved]
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2010 Standards -- 2004 ADAAG
Image: Contents page for 2004 ADAAG
Chapter 1: Application and Administration
Chapter 2: Scoping Requirements
Chapter 3: Building Blocks
Chapter 4: Accessible Routes
Chapter 5: General Site And Building Elements
Chapter 6: Plumbing Elements And Facilities
Chapter 7: Communication Elements And Features
Chapter 8: Special Rooms, Spaces and Elements
Chapter 9: Built-In Elements
Chapter 10: Recreation Facilities
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2010 Standards: Guidance
Image: Cover of the 2010 ADA Standards for Accessible Design, Department of Justice, September 15, 2010
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2010 Standards: Guidance
Image: Table of Contents for 2010 Standards: Guidance
1—Introduction; 2 -- State and Local Government Facilities: Guidance on the Revisions to 28 CFR 35.151; 3 -- Public Accommodations and Commercial Facilities: Guidance on the Revisionsto 28 CFR part 36, subpart D; 4 -- Appendix B to part 36: Analysis and Commentary on the 2010 ADA Standards for Accessible Design
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2010 Standards
Looks all new, but...
REQUIREMENTS ARE NOT ALL NEW!
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Other Noteworthy Changes . . .
New Technical Specifications for Elements Used by Children
New Coverage for Recreational, Court, Jails and Correctional Housing . . .
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Other Noteworthy Changes . . .
No Specific Section for Historic Facilities
No Special Technical Specifications for Business and Mercantile
No Special Technical Specifications for Libraries
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Where Did Other Special Application Provisions Go?
Restaurants and Cafeterias
Medical Care Facilities
Business (sales and service)
Transient Lodging
Transportation
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There Are Also Decreased Requirements
Accessible route from site arrival points and within sites
Use of a “LULA” when elevator is not required
Covered passenger loading zone at medical and long-term care facilities
Accessible seating in larger assembly areas
Accessible route to small press boxes . . .
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Titles II and III Regulations
Non-Discrimination Provisions in Effect on March 15, 2011...
and
Compliance Date...
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Compliance Date
On March 15, 2012,
New construction and alterations requirements will be in effect
(eighteen months from publication)
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Effective Dates...
Available From: ADA Information Line
Image: Cover of Department of Justice’s ADA 2010 Revised Requirements: Effective Date; Compliance Date document
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Title II 2010 Standards
Image: Covers of the 1991 ADA Standards and the 1984 Uniform Federal Accessibility Standards with an arrow pointing tothe 2010 ADA Standards for Accessible Design
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Title III 2010 Standards
Image: Cover of the 1991 ADA Standards with an arrow pointing tothe 2010 ADA Standards for Accessible Design
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2010 Standards for Accessible Design
Changes from 1991 Standards
Key Concepts:
Incremental Changes
Supplemental Changes
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2010 Standards for Accessible Design
Incremental Changes
Requirements in the 1991 Standards that are modified in the 2010 Standards
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2010 Standards for Accessible Design
Incremental Changes
Maximum side reach was 54 inches AFF in 1991 Standards
Maximum side reach is 48 inches AFF in 2010 Standards
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2010 Standards for Accessible DesignSupplemental Changes
AreNew Requirements
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2010 Standards for Accessible Design
Supplemental Changesare
Not covered by a Safe Harbor...
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Existing Facilities...
How to apply new requirements in the 2010 Standards to facilities built or altered to comply with the 1991 Standards?
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Existing Facilities...
An “existing facility” is: “a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part.”
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Safe Harbor:Existing Facilities
Elements that comply with the corresponding requirements for those elements in the 1991 Standards or UFAS do not need to be modified to meet the 2010 Standards unless they are altered on or after March 15, 2012.
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Safe Harbor: Existing Facilities
Safe Harbor does not apply to elements in existing facilities that were not subject to specific requirements in the 1991 Standards.
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Not Subject to Safe Harbor
§35.150(b)(2)(ii) and §36.304(d)(2)(iii)
(A) Residential facilities and dwelling units
(B) Amusement rides
(C) Recreational boating facilities
(D) Exercise machines and equipment
(E) Fishing piers and platforms
(F) Golf facilities
(G) Miniature golf facilities
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Not Subject to Safe Harbor
§35.150(b)(2)(ii) and §36.304(d)(2)(iii)
(H) Play areas
(I) Saunas and steam rooms
(J) Swimming pools, wading pools, and spas
(K) Shooting facilities with firing positions
(L) Miscellaneous
(1) Team or player seating
(2) Accessible route to bowling lanes
(3) Accessible route in court sports facilities
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Supplemental Changes: Existing Facilities
Example: Swimming Poolssections 242 and 1009
Image of swimming pool with transfer steps
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Noncomplying Facilities
§ 35.151(c)(5) and §36.304(d)(2)(ii)
Noncomplying facilities, i.e., facilities built after the compliance date for the 1991 Standards, but that are not in compliance with those standards, must be modified as follows:
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Noncomplying Facilities
Before March 15, 2012, choice of:
1991 Standards
2010 Standards
UFAS (title II only)
After March 15, 2012, entities must bring their noncomplying facilities into compliance with the 2010 Standards.
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§35.133 Maintenance of Accessible Features
If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.
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§35.133 Maintenance...
Image: Accessible stadium seating
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§35.133 Maintenance...
Two images: Folded chairs resting against a stadium wall and a metal seat-section divider; fixed stadium seats with space between for wheelchairs
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Titles II and III – Path of Travel
Title II Rule adds regulatory text mirroring path of travel requirements in title III.
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Path of Travel Safe Harbor
If a covered entity has constructed or altered required elements of a path of travel under the 1991 Standards (or UFAS), before March 15, 2012, then retrofit of these elements to reflect incremental changes in the 2010 Standards is not required just because an area of a primary function area served by the path of travel was previously altered.
(§ 35.151(b)(4)(ii)(C) or § 36.403(a)(2))
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Significant Changes:
Appendix 8 from Regulatory Impact Analysis – ADA.gov
Blue = more stringent; green = less stringent; orange = supplemental
Two images:Charts from the Regulatory Impact Analysis. Left: Top row green; next three rows blue. Right: Top row orange; second row blue; bottom two rows green.
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2010 Standards: 2004 ADAAG
Image: First page of the 2010 Standards: 2004 ADAAG in the Department of Justice’s 2010 Standards, September 15, 2010
2010 STANDARDS FOR TITLES II AND III FACILITIES: 2004 ADAAG
The following section applies to both State and local government facilities (Title II) and public accommodations and commercial facilities (Title III). The section consists of (ADA) Chapters 1 and 2 and Chapters 3 through 10, of the 2004 ADAAG (36 CFR part 1191, appendices B and D, adopted as part of both the Title II and Title III 2010 Standards).
State and local government facilities must follow the requirements of the 2010 Standards, including both the Title II regulations at 28 CFR 35.151; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D.
Public accommodations and commercial facilities must follow the requirements of the 2010 Standards, including both the Title III regulations at 28 CFR part 36, subpart D; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D.
In the few places where requirements between the regulation and the 2004 ADAAG differ, the requirements of 28 CFR 35.151 or 28 CFR part 36, subpart D, prevail.
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2010 ADA Standards ADAAG Structure and Format
Chapter 1: Application and Administration
Chapter 2: Scoping Requirements
Chapters 3 - 10: Technical Requirements
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CHAPTER 1: APPLICATION AND ADMINISTRATION
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2010 ADA Standards
Chapter 1, Page 37
Image: First page of Chapter 1 with arrows pointing to section 102 Dimensions for Adults and Children and section 103 Equivalent Facilitation
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2010 ADA Standards
Italicized Text?
Italicized text are terms defined in 106.5
Image: Arrows pointing to text: 202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.
EXCEPTIONS:
1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.
2. In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible.
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2010 Standards
1991 Standards – Advisory text was included in the Appendix
2010 Standards – Advisory text is included within the text after the provision
Advisory Language NOT enforceable
Image: Arrow pointing to advisory text of 206.7.9 Team or Player Seating.
206.7.9 Team or Player SeatingPlatform lifts shall be permitted to provide accessible routes to team or player seating areas serving areas of sport activity.
Advisory 206.7.9 Team or Player Seating.While the use of platform lifts is allowed, ramps are recommended to provide access to player seating areas serving an area of sport activity.
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2010 ADA Standards
Figures provided for informational purposes only -- must read text... 104.3
Image: Arrow pointing to page with Figure 303.3
303.3 Beveled. Changes in level between ¼ inch (6.4 mm) high minimum and ½ inch (13 mm) high maximum shall be beveled with a slope not steeper than 1:2.
Advisory 303.3 Beveled. A change in level of ½ inch (13 mm) is permitted to be ¼ inch (6.4 mm) vertical plus ¼ inch (6.4 mm) beveled. However, in no case may the combined change in level exceed ½ inch (13 mm). Changes in level exceeding ½ inch (13 mm) must comply with 405 (Ramps) or 406 (Curb Ramps).
Figure 303.3Beveled Change in Level
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105 Reference Standards
Something New
Used with provisions of 2010 Standards
ANSI/BHMA
ASME
ASTM
ICC/IBC
NFPA
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Chapter 1: Application and Administration
106 Definitions
106.2 Terms Defined in Referenced Standards
106.3 Undefined Terms -- not defined in title II regulations or referenced standards
106.5 Defined Terms
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Chapter 1: Application and Administration
Undefined Terms
Terms not covered by defined terms
Defined by collegiate dictionaries in the sense that the context implies
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Chapter 1: Application and Administration
Changes to Definitions
20 terms from 1991 Standards deleted
33 new terms defined in 106.5 Defined Terms
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Chapter 1: Application and Administration
Technically Infeasible is in definitions and not in the alterations section
Many new definitions for recreation facilities
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Chapter 1: Application and Administration
Assembly Area. A building or facility, or portion thereof, used for the purpose of entertainment, educational or civic gatherings, or similar purposes. For the purposes of these requirements, assembly areas include, but are not limited to, classrooms, lecture halls, courtrooms, public meeting rooms, public hearing rooms, legislative chambers, motion picture houses, auditoria, theaters, playhouses, dinner theaters, concert halls, centers for the performing arts, amphitheaters, arenas, stadiums, grandstands, or convention centers.
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Chapter 1: Application and Administration
Using Defined Terms
808 Courtrooms
808.1 General. Courtrooms shall comply with 808.
808.2 Turning Space. Where provided, areas that are raised or depressed and accessed by ramps or platform lifts with entry ramps shall provide unobstructed turning space complying with 304.
808.3 Clear Floor Space. Each jury box and witness stand shall have, within its defined area, clear floor space complying with 305.
EXCEPTION: In alterations, wheelchair spaces are not required to be located within the defined area of raised jury boxes or witness stands and shall be permitted to be located outside these spaces where ramp or platform lift access poses a hazard by restricting or projecting into a means of egress required by the appropriate administrative authority.
808.4 Judges' Benches and Courtroom Stations. Judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, court reporters' stations and litigants' and counsel stations shall comply with 902.
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Chapter 1: Application and Administration
Using Defined Terms
Other Courtroom Requirements?
Assembly Areas
Accessible Route
Entrance
Alarms . . .
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2010 ADA Standards
Looking at Chapter 2: Scoping Requirements...
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2010 ADA Standards
All “Scoping” now has a 200 number
Most provisions in scoping also have technical specifications
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2010 ADA Standards
Example – Parking Spaces
Scoping is provided by 208 Parking Spaces (page 67)
Technical specifications are in 502 Parking Spaces (page 149)
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Scoping and Technical Requirements
General Guidance
Look for Chapter 2 Requirements to Match Up with Requirements from Chapters 2-10
206.4 Entrances with 404 . . .
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Chapter 2
Image: Contents page for Chapter 2
ADA CHAPTER 2: SCOPING REQUIREMENTS
201 Application
202 Existing Buildings and Facilities
203 General Exceptions
204 Protruding Objects
205 Operable Parts
206 Accessible Routes
207 Accessible Means of Egress
208 Parking Spaces
209 Passenger Loading Zones and Bus Stops
210 Stairways
211 Drinking Fountains
212 Kitchens, Kitchenettes, and Sinks
213 Toilet Facilities and Bathing Facilities
214 Washing Machines and Clothes Dryers
215 Fire Alarm Systems
216 Signs 39217 Telephones
218 Transportation Facilities
219 Assistive Listening Systems
220 Automatic Teller Machines and Fare Machines
221 Assembly Areas
222 Dressing, Fitting, and Locker Rooms
223 Medical Care and Long-Term Care Facilities
224 Transient Lodging Guest Rooms
225 Storage
226 Dining Surfaces and Work Surfaces
227 Sales and Service
228 Depositories, Vending Machines, Change Machines, Mail Boxes, and Fuel Dispensers
229 Windows
230 Two-Way Communication Systems
231 Judicial Facilities 57232 Detention Facilities and Correctional Facilities
233 Residential Facilities
234 Amusement Rides
235 Recreational Boating Facilities
236 Exercise Machines and Equipment
237 Fishing Piers and Platforms
238 Golf Facilities
239 Miniature Golf Facilities
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Chapter 2: Scoping Requirements
Section 201.1 Scope
All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements.
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Comparing 1991 & 2010 Scoping
•1991 Standards: 4.1.1* Application. (1) General. All areas of newly designed or newly constructed buildings and facilities required to be accessible by 4.1.2 and 4.1.3 and altered portions of existing buildings and facilities required to be accessible by 4.1.6 shall comply with these guidelines, 4.1 through 4.35, unless otherwise provided in this section or as modified in a special application section.
Section III-5.3000 of the title III TA Manual -- reasonable number or at least one...
•2010 Standards: 201.1 Scope. All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements. All Covered Unless Exempted or Scoping Limits...
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Chapter 2: Scoping Requirements
Section 201.2: Application Based on Building or Facility Use: Where a site, building, facility, room, or space contains more than one use, each portion shall comply with the applicable requirements for that use.
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Chapter 2: Scoping Requirements
Section 202.2 Additions
Each addition to an existing building or facility shall comply with the requirements for new construction.
Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with 202.4.