Introduction
The Americans with Disabilities Act (ADA) of 1990 recognizes and protects the
civil rights of people with disabilities and is modeled after earlier landmark
laws prohibiting discrimination on the basis of race and gender. The ADA covers
a wide range of disability, from physical conditions affecting mobility, stamina,
sight, hearing, and speech to conditions such as emotional illness and learning
disorders. The ADA addresses access to the workplace (title I), state and local
government services (title II), and places of public accommodation and commercial
facilities (title III). It also requires phone companies to provide telecommunications
relay services for people who have hearing or speech impairments (title IV)
and miscellaneous instructions to Federal agencies that enforce the law (title
V).
Regulations that set requirements and establish enforcement procedures are necessary to implement laws such as the ADA. To understand and comply with the ADA, it is important to follow the regulations issued under the different titles. Comprehensive regulations for titles II and III issued by the Department of Justice (DOJ) and the Department of Transportation (DOT) include enforceable standards for the construction and alteration of buildings and facilities. These standards, which are based on the ADA Accessibility Guidelines (ADAAG), are enforced by DOJ, DOT and the courts and apply nationwide. The regulations provide important information on which buildings and facilities are subject to the standards. It is important that the regulations be used along with the design standards they contain or reference.
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Private Sector Title III covers two types of facilities: places
of public accommodation and commercial facilities. The DOJ regulation
for title III defines these facilities and those that are exempt (religious
entities and private clubs). This regulation contains enforceable standards
based on ADAAG and addresses certain provisions in the standards (e.g.,
elevator exception, alterations to primacy function areas). |
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State and Local Governments State and local government facilities are addressed in regulations issued by DOJ under title II. This regulation references standards based on ADAAG and allows the option of an earlier standard, the Uniform Federal Accessibility Standards (UFAS). |
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Public Transportation Facilities The DOT regulation covers public transit facilities such as bus stops and stations, rail stations, and airports. Standards in this regulation are based on ADAAG and include a special occupancy section on transportation facilities. The DOT regulations also include standards for transit vehicles operated by public or private entities. |
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Federal Facilities The ADA does not address Federal facilities because they are covered by earlier federal laws. The Architectural Barriers Act of 1968 requires access to buildings designed, built, altered, or leased with federal funds. The Rehabilitation Act of 1973 (section 504) requires access to federally funded programs and services. ADAAG derives in part from the standards used under these laws, the Uniform Federal Accessibility Standards (UFAS). |
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Housing All housing constructed or altered by or on behalf of state or local governments is required to be accessible under the ADA (title II). In the case of the private sector, the ADA's coverage of places of public accommodations (title III) includes some facilities used on a transient basis, such as dormitories and hotels. In general, other residential units (e.g., apartments) are not subject to the ADA except for places of public accommodation within them (e.g., rental offices). Note that distinctions made for purposes of ADA coverage do not coincide with typical building code classifications of "residential" occupancies. Access to housing is also required by the Fair Housing Amendments Act of 1988. This applies to privately and publicly owned buildings and includes guidelines for multi-family housing. The Department of Housing and Urban Development can provide further information on this law and its design requirements (see page 4). |
ADAAG
ADAAG contains requirements for new construction and alterations of buildings and facilities. The Access Board develops the requirements as "guidelines" to serve as a basis for standards developed by the Department of Justice (DOJ) and the Department of Transportation (DOT). This is why ADAAG is part of the regulations issued by these agencies. Although ADAAG compliance is not generally reviewed during the permitting process for new construction or alterations, its application is not unlike that of a state or local building code, whose scoping requirements may be contained in the local adopting amendments, while the technical requirements are those of a model code. ADAAG derives from an earlier federal standard, the Uniform Federal Accessibility Standards (UFAS). The format and technical criteria of both stem from standards developed by the American National Standards Institute (ANSI).
Like most federal regulations, ADAAG was developed under a rule making process
that invites public comment through publication in the Federal Register. It
was published in July 1991 for places of public accommodation and commercial
facilities covered by title III. It was also published in September 1991 for
public transit facilities subject to title II (identical to the other but with
a chapter covering bus stops and stations, rail stations, and airports). Changes
and additions to ADAAG are also published through the same rule making process
that provides public notice and the chance to comment. Revisions made to ADAAG
and the standards since they were first published affect two sections: 4.29
Detectable Warnings (suspension of the requirement as it applies to curb ramps,
hazardous vehicular areas, and reflecting pools) and 4.34 Automated Teller Machines
(revision of specifications for clear floor space and control heights). Additional
guidelines and revisions to ADAAG are being developed in several areas.
| State and Local Government Facilities Changes and additions to ADAAG covering state and local government facilities were proposed in December 1992 and June 1994. Final minimum guidelines were published by the Board in January 1998. These guidelines include new chapters on judicial, regulatory, and legislative facilities (11), detention and correctional facilities (12), and miscellaneous changes to existing provisions. They will eventually become part of DOJ's enforceable standard. | |
| Children's Environments In January 1998 the Access Board published final guidelines for building elements designed for use by children. These guidelines provide optional design criteria based on children's dimensions. (As originally published, ADAAG requirements were based only on adult dimensions). DOJ intends to incorporate these new guidelines into its enforceable standard. |  |
| Recreation Facilities and Outdoor Developed Areas These guidelines will cover amusement parks, play facilities, outdoor developed areas, golf courses, sports facilities, and boating and fishing facilities and other recreation facilities. The Board established an advisory committee in 1993 to develop recommended guidelines for its use in proposing a rule. The report containing these recommendations is available from the Board until final guidelines are issued. |  |
| ADAAG Review The Access Board intends to review and update ADAAG on a periodic basis. In 1995 the Board established the ADAAG Review Advisory Committee to review the full text and to recommend changes. The Committee completed its work in 1996 and issued a report which the Board will use in proposing actual changes to ADAAG. This report is available from the Board. |  |
ADA Information Sources
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The Access Board can provide additional guidance on, or copies of, ADAAG and UFAS. Toll- free technical assistance is available weekdays from 10:00 to 5:30(EDT). Information is also available through the Board's web site (http ://www.access-board. gov). |
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Information Sources for Accessible Housing
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| Disability and Business Technical Assistance Center | 800-949-4232 (voice or TTY) |
ADA information and assistance is also available closer to home through ten
regional technical assistance centers across the country set up through a Federal
grant. These centers can provide ADA information available from most of the
Federal agencies listed on the previous page. Calling the toll-fiee number connects
you to the center serving your area.
ADA Build it Right, Inc Version http://adabuild.com