2010 ADA Standards for Accessible Design
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of the Americans with Disabilities Act of 1990 "ADA" in the Federal Register
on September 15, 2010. These regulations adopted revised, enforceable
accessibility standards called the 2010 ADA Standards for Accessible
Design "2010 Standards" or "Standards". The 2010 Standards set
minimum requirements – both scoping and technical – for newly designed
and constructed or altered State and local government facilities, public
accommodations, and commercial facilities to be readily accessible to and
usable by individuals with disabilities.
Adoption of the 2010 Standards also establishes a revised reference
point for Title II entities that choose to make structural changes to existing
facilities to meet their program accessibility requirements; and it establishes
a similar reference for Title III entities undertaking readily achievable barrier
removal.
The Department is providing this document with the official 2010 Standards
in one publication. The document includes:
• The 2010 Standards for State and local governments, which consist
of the Title II regulations at 28 CFR 35.151 and the 2004 ADAAG at
36 CFR part 1191, appendices B and D;
• The 2010 Standards for public accommodations and commercial
facilities, which consist of the Title III regulations at 28 CFR part 36,
subpart D, and the 2004 ADAAG at 36 CFR part 1191, appendices
B and D.
The Department has assembled into a separate publication the revised
regulation guidance that applies to the Standards. The Department
included guidance in its revised ADA regulations published on September
15, 2010. This guidance provides detailed information about the
Department’s adoption of the 2010 Standards including changes to the
Standards, the reasoning behind those changes, and responses to public
comments received on these topics. The document, Guidance on the 2010
ADA Standards for Accessible Design, can be downloaded from www.ADA.
gov.
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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2010 ADA Standards for Accessible Design - Department of Justice
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
i Department of Justice
Contents
1
2
3
4
Introduction...………………………………….............1
2010 Standards for State and
Local Government Facilities: Title II.…...………....3
2010 Standards for Public Accommodations
and Commercial Facilities: Title III……................15
2010 Standards for Titles II
and III Facilities: 2004 ADAAG..…...........……...... 31
Department of Justice ii
iii Department of Justice
Overview
The Department of Justice published revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 ADA
in the Federal Register on September 15, 2010. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design 2010 Standards
or Standards
. The 2010 Standards set minimum requirements – both scoping and technical – for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.
Adoption of the 2010 Standards also establishes a revised reference point for Title II entities that choose to make structural changes to existing facilities to meet their program accessibility requirements; and it establishes a similar reference for Title III entities undertaking readily achievable barrier removal.
The Department is providing this document with the official 2010 Standards in one publication. The document includes:
The Department has assembled into a separate publication the revised regulation guidance that applies to the Standards. The Department included guidance in its revised ADA regulations published on September 15, 2010. This guidance provides detailed information about the Department’s adoption of the 2010 Standards including changes to the Standards, the reasoning behind those changes, and responses to public comments received on these topics. The document, Guidance on the 2010 ADA Standards for Accessible Design, can be downloaded from www.ADA. gov.
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).
2 Department of Justice
2010 Standards for State and Local Government Facilities: Title II
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.
In the few places where requirements between the two differ, the requirements of 28 CFR 35.151 prevail.
Compliance Date for Title II
If the start date for construction is on or after March 15, 2012, all newly constructed or altered State and local government facili-ties must comply with the 2010 Standards. Before that date, the 1991 Standards (without the elevator exemption), the UFAS, or the 2010 Standards may be used for projects when the start of construction commences on or after September 15, 2010.
Department of Justice 2010 Standards: Title II - 3
4 - 2010 Standards: Title II Department of Justice
Section 35.151 of 28 CFR Part 35
CONTENTS
28 CFR part 35.151 New Construction and Alterations
(a) Design and construction, including the exception
for structural impracticability….....….……………..........….…...................6
path of travel, and primary function ……....……………............................6
to individual owners…………......……….............……….…............….....13
2004 ADAAG
Chapter 1: Application and Administration.....….…........….....…........... 37
Chapter 2: Scoping Requirements..………............................…........…...50
Chapter 3: Building Blocks..….............................................….....…..….104
Chapter 4: Accessible Routes..……....................................….....…..…..117
Chapter 5: General Site and Building Elements..…...........….....…...…149
Chapter 6: Plumbing Elements and Facilities..……..........….....…....…159
Chapter 7: Communication Elements..…...................…....….....…...….186
Chapter 8: Special Rooms, Spaces, and Elements.........….....….....… 202
Chapter 9: Built-in Elements..………..............................….....…......…..219
Chapter 10: Recreational Facilities..………....................….....….......… 224
Department of Justice 2010 Standards: Title II - 5
Section 35.151 of 28 CFR Part 35
§ 35.151 New construction and alterations.
6 - 2010 Standards: Title II Department of Justice
Section 35.151 of 28 CFR Part 35
(3)
Department of Justice 2010 Standards: Title II - 7
Section 35.151 of 28 CFR Part 35
and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.
8 - 2010 Standards: Title II Department of Justice
Section 35.151 of 28 CFR Part 35
(B)
to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.
the September 15, 2010, then new construction and alterations subject to this section must comply with either the UFAS or the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.
Department of Justice 2010 Standards: Title II - 9
Section 35.151 of 28 CFR Part 35
Appendix to § 35.151(c)
10 - 2010 Standards: Title II Department of Justice
Section 35.151 of 28 CFR Part 35
Department of Justice 2010 Standards: Title II - 11
Section 35.151 of 28 CFR Part 35
12 - 2010 Standards: Title II Department of Justice
Section 35.151 of 28 CFR Part 35
Department of Justice 2010 Standards: Title II - 13
Section 35.151 of 28 CFR Part 35
the total number of cells in a facility shall provide mobility features complying with section 807.2 (p. 211). Altered cells with mobility features shall be provided in each classification level. However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features
in substitute cells (cells other than those where alterations are originally planned), provided that each substitute cell—
The remaining text of the 2010 Standards for Title II starts on page 31, under the heading 2010 Standards for Titles II and III: 2004 ADAAG.
14 - 2010 Standards: Title II Department of Justice
2010 Standards for Public Accommodations and Commercial Facilities: Title III
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 two differ, the requirements of 28 CFR part 36, subpart D, prevail.
Compliance Date for Title III
The compliance date for the 2010 Standards for new construction and alterations is determined by:
If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 Standards. If that date is on or after September 15, 2010, and before March 15, 2012, then new construction and alterations must comply with either the 1991 or the 2010 Standards.
Department of Justice 2010 Standards: Title III - 15
16 - 2010 Standards: Title III Department of Justice
CONTENTS
28 CFR part 36, subpart D — New Construction and Alterations
event of disproportionality.………...................……………….............…...24
Department of Justice Title III 2010 Standards - 17
Subpart D of 28 CFR Part 36
§ § 36.407—36.499 [Reserved] 30
2004 ADAAG
Chapter 1: Application and Administration.....….…........…...…....…......37
Chapter 2: Scoping Requirements..……….......................................…... 50
Chapter 3: Building Blocks..…..........................................................…..104
Chapter 4: Accessible Routes..……................................................…....117
Chapter 5: General Site and Building Elements..…..............................149
Chapter 6: Plumbing Elements and Facilities..……..............................159
Chapter 7: Communication Elements..….........................................…..186
Chapter 8: Special Rooms, Spaces, and Elements .........................…. 202
Chapter 9: Built-in Elements..………................................................…..219
Chapter 10: Recreational Facilities..……….......................................… 224
18 - 2010 Standards: Title III Department of Justice
Subpart D of 28 CFR Part 36
§ 36.401 New construction.
Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features.
Department of Justice 2010 Standards: Title III - 19
Subpart D of 28 CFR Part 36
20 - 2010 Standards: Title III Department of Justice
Subpart D of 28 CFR Part 36
Department of Justice 2010 Standards: Title III - 21
Subpart D of 28 CFR Part 36
§ 36.403 Alterations: Path of travel.
at a place of public accommodation or commercial facility in accordance with the specifications in the 1991 Standards, the private entity is not required to retrofit such elements to reflect the incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel.
22 - 2010 Standards: Title III Department of Justice
Subpart D of 28 CFR Part 36
function include, but are not limited to—
and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.
Department of Justice 2010 Standards: Title III - 23
Subpart D of 28 CFR Part 36
24 - 2010 Standards: Title III Department of Justice
Subpart D of 28 CFR Part 36
performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.
(2)
Department of Justice 2010 Standards: Title III - 25
Subpart D of 28 CFR Part 36
considered sales or rental establishments. The facility housing a shopping center or shopping mall only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.
§ 36.405 Alterations: Historic preservation.
§ 36.406 Standards for new construction and alterations.
either with the 1991 Standards or with the 2010 Standards if the date when the last application for a building permit or permit extension is certified to be
complete by a State, county, or local government (or, in those jurisdictions where the government does not certify completion of applications, if the date when the last application for a building permit or permit extension is received by the State, county, or local government) is on or after September 15, 2010, and before March 15, 2012,
26 - 2010 Standards: Title III Department of Justice
Subpart D of 28 CFR Part 36
or if no permit is required, if the start of physical construction or alterations occurs on or after September 15, 2010, and before March 15, 2012.
Appendix to § 36.406(a)
Department of Justice 2010 Standards: Title III - 27
Subpart D of 28 CFR Part 36
appendix notes, and figures contained in the 1991 Standards and 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.
(pp. 91 and 212) .
28 - 2010 Standards: Title III Department of Justice
Subpart D of 28 CFR Part 36
Department of Justice 2010 Standards: Title III - 29
Subpart D of 28 CFR Part 36
companion seats by section 221.2.3.1 of the 2010 Standards (p. 79) and that have seating encircling, in whole or in part, a field of play or performance, wheelchair spaces and companion seats are dispersed around that field of play or performance area;
§§ 36.407—36.499 [Reserved]
The remaining text of the 2010 Standards for Title III start on page 31, under the heading 2010 Standards for Titles II and III: 2004 ADAAG.
30 - 2010 Standards: Title III Department of Justice
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.
Department of Justice 2010 Standards: Titles II and III - 31
32 - 2010 Standards: Titles II and III Department of Justice1
Titles II and III - 2010 Standards - 3
Titles II and III - 2010 Standards - 3
TABLE OF CONTENTS
TABLE OF CONTENTS
Department4 of Justice
2010 Standards: Titles II and III - 35
Titles II and III - 2010 Standards - 6
page intentionally left blank
364 - 2010 Standards: Titles II and III Department of Justice
Titles II and III - 2010 Standards - 6
AMERICANS WITH DISABILITIES ACT: SCOPING ADA CHAPTER 1: APPLICATION AND ADMINISTRATION
ADA CHAPTER 1: APPLICATION AND ADMINISTRATION
101 Purpose
101.1 General. This document contains scoping and technical requirements for accessibility to sites, facilities, buildings , and elements by individuals with disabilities. The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act of 1990 (ADA).
Advisory 101.1 General. In addition to these requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act. There are issues affecting individuals with disabilities which are not addressed by these requirements, but which are covered by the Department of Justice and the Department of Transportation regulations.
101.2 Effect on Removal of Barriers in Existing Facilities. This document does not address existing facilities unless altered at the discretion of a covered entity. The Department of Justice has authority over existing facilities that are subject to the requirement for removal of barriers under title III of the ADA. Any determination that this document applies to existing facilities subject to the barrier removal requirement is solely within the discretion of the Department of Justice and is effective only to the extent required by regulations issued by the Department of Justice.
102 Dimensions for Adults and Children
The technical requirements are based on adult dimensions and anthropometrics. In addition, this document includes technical requirements based on children’s dimensions and anthropometrics for drinking fountains, water closets, toilet compartments, lavatories and sinks, dining surfaces, and work surfaces.
103 Equivalent Facilitation
Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.
Advisory 103 Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. With the exception of transit facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation.
104 Conventions
104.1 Dimensions. Dimensions that are not stated as maximum
or minimum
are absolute.
Department of Justice 2010 Standards: Titles II and III - 375
Titles II and III - 2010 Standards - 7
ADA CHAPTER 1: APPLICATION AND ADMINISTRATION AMERICANS WITH DISABILITIES ACT: SCOPING
104.1.1 Construction and Manufacturing Tolerances. All dimensions are subject to conventional industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points.
Advisory 104.1.1 Construction and Manufacturing Tolerances. Conventional industry tolerances recognized by this provision include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. Recognized tolerances are not intended to apply to design work.
It is good practice when specifying dimensions to avoid specifying a tolerance where dimensions are absolute. For example, if this document requires 1½ inches,
avoid specifying 1½ inches plus or minus X inches.
Where the requirement states a specified range, such as in Section 609.4 where grab bars must be installed between 33 inches and 36 inches above the floor, the range provides an adequate tolerance and therefore no tolerance outside of the range at either end point is permitted.
Where a requirement is a minimum or a maximum dimension that does not have two specific minimum and maximum end points, tolerances may apply. Where an element is to be installed at the minimum or maximum permitted dimension, such as 15 inches minimum
or 5 pounds maximum
, it would not be good practice to specify 5 pounds (plus X pounds) or 15 inches (minus X inches).
Rather, it would be good practice to specify a dimension less than the required maximum (or more than the required minimum) by the amount of the expected field or manufacturing tolerance and not to state any tolerance in conjunction with the specified dimension.
Specifying dimensions in design in the manner described above will better ensure that facilities and elements accomplish the level of accessibility intended by these requirements. It will also more often produce an end result of strict and literal compliance with the stated requirements and eliminate enforcement difficulties and issues that might otherwise arise. Information on specific tolerances may be available from industry or trade organizations, code groups and building officials, and published references.
104.2 Calculation of Percentages. Where the required number of elements or facilities to be provided is determined by calculations of ratios or percentages and remainders or fractions result, the next greater whole number of such elements or facilities shall be provided. Where the determination of the required size or dimension of an element or facility involves ratios or percentages, rounding down for values less than one half shall be permitted.
104.3 Figures. Unless specifically stated otherwise, figures are provided for informational purposes only.
386 - 2010 Standards: Titles II and III Department of Justice
Titles II and III - 2010 Standards - 8
AMERICANS WITH DISABILITIES ACT: SCOPING ADA CHAPTER 1: APPLICATION AND ADMINISTRATION
Figure 104
Graphic Convention for Figures
Department of Justice 2010 Standards: Titles II and III - 397
Titles II and III - 2010 Standards - 9
ADA CHAPTER 1: APPLICATION AND ADMINISTRATION AMERICANS WITH DISABILITIES ACT: SCOPING
105 Referenced Standards
105. 1 General. The standards listed in 105.2 are incorporated by reference in this document and are part of the requirements to the prescribed extent of each such reference. The Director of the Federal Register has approved these standards for incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of the referenced standards may be inspected at the Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW, Suite 1000, Washington, DC 20004; at the Department of Justice, Civil Rights Division, Disability Rights Section, 1425 New York Avenue, NW, Washington, DC; at the