2010 ADA STANDARDS
FOR ACCESSIBLE DESIGN
James A. BostromDeputy ChiefDisability Rights SectionU. S. Department of Justice
Title II and III Regulations
Published in the Federal Register on September 15, 2010
•Revision of Nondiscrimination Policies
and
•Adoption of 2010 Standards
Title II and III Regulations
Harmonized with Model Building Codes
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2010 Standards for Accessible Design
Requirements in 28 CFR 35.151
and
2004 ADAAG
Title II Standards
2010 Standards for Accessible Design
Requirements in 28 CFR part 36 subpart D
and
2004 ADAAG
Title III Standards
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 36
Title II and III Regulations
2010 Standards at ADA.gov
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2010 Standards
2010 Standards
Title II 2010 Standards
Title III2010
Standards
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2010 Standards -- 2004 ADAAG
2010 Standards: Guidance
2010 Standards: Guidance
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...
• No Specific Section for Historic Facilities
• No Special Technical Specifications for Business and Mercantile
• No Special Technical Specifications for Libraries
Other Noteworthy Changes...
Where Did Other Special Application Provisions go?
‣ Restaurants and Cafeterias
‣ Medical Care Facilities
‣ Business (sales and service)
‣ Transient Lodging
‣ Transportation
Other Noteworthy Changes...
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 care and long-term care facilities
‣ Accessible seating in larger assembly areas
‣ Accessible route to small press boxes...
Other Noteworthy Changes...
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Titles II and III Regulations
Non-Discrimination Provisions in
Effect on March 15, 2011...
and
Compliance Date...
On March 15, 2012,
New construction and alterations requirements will
be in effect (eighteen months from publication)
Compliance Date
Effective Dates...
Available From:
www.ADA.gov
ADA Information Line
Title II 2010 Standards
1991ADA
Standards
UFAS
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Title III 2010 Standards
1991ADA
Standards
2010 Standards for Accessible Design
Key Concepts:
Incremental Changes
Supplemental Changes
Changes from 1991 Standards
2010 Standards for Accessible Design
Incremental Changes
Requirements in the 1991 Standards that are modified in the 2010 Standards
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 Design
Supplemental Changes
are
New Requirements
2010 Standards for Accessible Design
Supplemental Changes
are
Not covered by a Safe Harbor...
How to apply new requirements in the 2010 Standards to facilities built or altered to comply with the 1991 Standards?
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.”
Existing Facilities...
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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.
Safe Harbor:Existing Facilities
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.
(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
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
Not Subject to Safe Harbor§35.150(b)(2)(ii) and §36.304(d)(2)(iii)
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Supplemental Changes:Existing Facilities
Example:
Swimming Pools
sections 242 and 1009
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:
Noncomplying Facilities§ 35.151(c)(5) and §36.304(d)(2)(ii)
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.
Noncomplying Facilities
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.
§35.133 Maintenance of Accessible Features
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§35.133 Maintenance...
§35.133 Maintenance...
Title II Rule adds regulatory text mirroring path of travel requirements in title III.
Titles II and III – Path of Travel
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))
Path of Travel Safe Harbor
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Significant Changes:
Blue = more stringentGreen = less stringentOrange = supplemental
Appendix 8 from Regulatory Impact
Analysis -- ADA.gov
2010 Standards: 2004 ADAAG
CHAPTER 1: APPLICATION AND ADMINISTRATION
CHAPTER 2: SCOPING REQUIREMENTS
CHAPTERS 3 - 10: TECHNICAL REQUIREMENTS
ADAAG Structure and Format2010 ADA Standards
CHAPTER 1: APPLICATION AND ADMINISTRATION
2010 ADA Standards
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2010 ADA Standards
Chapter 1
Page 37
Italicized text are terms defined in 106.5
Italicized Text?
2010 ADA Standards
2010 ADA 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
2010 ADA Standards
• Figures provided for informational purposes only -- must read text... 104.3
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105 Reference Standards
Something New
Used with provisions of 2010 Standards
• ANSI/BHMA
• ASME
• ASTM
• ICC/IBC
• NFPA
Chapter 1: Application and Administration
106.2 Terms Defined in Referenced Standards
106.3 Undefined Terms -- not defined in title II regulations or referenced standards
106.5 Defined Terms
106 Definitions
Chapter 1: Application and Administration
Terms not covered by defined terms
Defined by collegiate dictionaries in the sense that the context implies
Undefined Terms
Chapter 1: Application and Administration
20 terms from 1991 Standards deleted
33 new terms defined in 106.5 Defined Terms
Changes to Definitions
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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
Selected Changes in Defined Terms
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.
Selected Changes in Defined Terms
Chapter 1: Application and Administration
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.
Using Defined Terms
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...
2010 ADA Standards
All “Scoping” now has a 200 number
Most provisions in scoping also have technical
Chapter 2: Scoping Requirements
2010 ADA Standards
Scoping is provided by 208 Parking Spaces (page 67)
Technical specifications are in 502 Parking Spaces (page 149)
Example -- Parking Spaces
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
Chapter 2: Scoping Requirements
All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements.
Section 201.1 Scope
Comparing 1991 & 2010 Scoping
• 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...
• 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.
1991 Standards 2010 Standards
All Covered Unless
Exempted or Scoping
Limits...
Chapter 2: Scoping Requirements
Section 201.2Application Based on Building or Facility Use. Where a site, building, facility, room, or spacecontains 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 AdditionsEach 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.
Alterations
Chapter 2: Scoping Requirements
Section 202.3 AlterationsWhere 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.
Chapter 2: Scoping Requirements
Section 202.3 AlterationsSection 106.5 -- Technically Infeasible With respect to an alteration of a building or a facility, something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.
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Chapter 2: Scoping Requirements
Section 202.3 Alterations
The requirement in section 4.1.6(1)(c), “If alterations of single elements, when considered together, amount to an alteration of a room or space in a building or facility, the entire space shall be made accessible.” is not in the 2010 Standards.
See Advisory 202.3 Alterations.
Chapter 2: Scoping Requirements
Section 202.4 Alterations Affecting Primary Function Areas
For title II facilities, read with 35.151(b)(4) Path of Travel.
Residential dwelling units are not required to comply with 202.4
Historic Facilities
Chapter 2: Scoping Requirements
Section 202.5Alterations to Qualified Historic
Buildings and Facilities
Alterations to a qualified historic building or facility shall comply with 202.3 and 202.4.
Read with 28 CFR 35.151 or 28 CFR 36.405
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Chapter 2: Scoping Requirements
Read with...
Search for [See additional requirements...
Chapter 2: Scoping Requirements
Section 203General Exceptions
This section exempts certain sites, buildings, facilities and elements from accessibility requirements of the 2010 Standards.
Chapter 2: Scoping Requirements
Section 203General Exceptions
Carries over similar exceptions from the 1991 Standards...
203.2 Construction Sites203.3 Raised Areas203.4 Limited Access Spaces203.5 Machinery Spaces
Chapter 2: Scoping Requirements
Section 203General Exceptions
Adds new exceptions...
203.6 Single Occupant StructuresSingle occupant structures accessed only by passageways below grade or elevated above standard curb height, including but not limited to, toll booths that are accessed only by underground tunnels, shall not be required to comply with these requirements or to be on an accessible route.
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Chapter 2: Scoping Requirements
Section 203General Exceptions
Adds new exceptions...
203.7 Detention and Correctional FacilitiesIn detention and correctional facilities, common use areas that are used only by inmates or detainees and security personnel and that do not serve holding cells or housing cells required to comply with 232, shall not be required to comply with these requirements or to be on an accessible route.
Chapter 2: Scoping Requirements
Section 203General Exceptions
Adds new exceptions...
203.8 Residential FacilitiesIn residential facilities, common use areas that do not serve residential dwelling units required to provide mobility features complying with 809.2 through 809.4 shall not be required to comply with these requirements or to be on an accessible route.
Chapter 2: Scoping Requirements
Section 203General Exceptions
Adds new exceptions...
203.9 Employee Work AreasSpaces and elements within employee work areas shall only be required to comply with 206.2.8, 207.1, and 215.3 and shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the employee work area...
Chapter 2: Scoping Requirements
Section 203General Exceptions
Adds new exceptions...
203.9 Employee Work Areas...Employee work areas, or portions of employee work areas, other than raised courtroom stations, that are less than 300 square feet (28 m2) and elevated 7 inches (180 mm) or more above the finish floor or ground where the elevation is essential to the function of the space shall not be required to comply with these requirements or to be on an accessible route.
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Chapter 2: Scoping Requirements
Section 203General Exceptions
Other new exceptions...
203.10 Raised Refereeing, Judging, and Scoring Areas203.11 Water Slides203.12 Animal Containment Areas203.13 Raised Boxing or Wrestling Rings203.14 Raised Diving Boards and Diving Platforms
Chapter 2: Scoping Requirements
Section 204 Protruding Objects204.1 General
Protruding objects on circulation paths shall comply with 307.
EXCEPTIONS: 1. Within areas of sport activity, protruding objects on circulation paths shall not be required to comply with 307.
2. Within play areas, protruding objects on circulation paths shall not be required to comply with 307 provided that ground level accessible routes provide vertical clearance in compliance with 1008.2.
Chapter 2: Scoping Requirements
Section 206 Accessible Routes
• Limits the “all” of 201.1...• Covers “where” and “where not”...• Pairs with Chapter 4, Accessible Routes
Questions
?
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Contact Information
202 - 307 - 2584
www.ADA.gov
ADA Information Line800-514-0301
800-514-0383(tty)
Where do you go to find the latest information regarding Titles II and
III and the 2010 Standards?
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