On July 23, 2004, the U.S. Access Board, an independent Federal agency, issued updated accessibility guidelines for new or altered facilities covered by Americans with Disabilities Act and the Architectural Barriers Act. These guidelines address a wide range of facilities in the private and public sectors. Presented here is an overview of the new guidelines that also highlights significant changes.
The Americans with
Disabilities Act (ADA) of 1990
The ADA,
a major civil rights law prohibiting discrimination on the basis of disability,
establishes design requirements for the construction or alteration of
facilities. It covers facilities in the private sector (places of public
accommodation and commercial facilities) and the public sector (state and local
government facilities). Under the ADA, the Board is responsible for
accessibility guidelines covering newly built and altered facilities. In 1991,
the Board published the ADA Accessibility Guidelines (ADAAG) which serve as the
basis for standards used to enforce the law. The new guidelines overhaul the
original ADAAG.
The Architectural
Barriers Act (ABA) of 1968
The ABA
requires access to facilities designed, built, altered, or leased with Federal
funds. Similar to its responsibility under the ADA, the Board maintains
guidelines under the ABA which serve as the basis for enforceable standards.
The Board has updated its guidelines for ABA facilities jointly with the new ADA
guidelines so that a consistent level of access is specified under both laws.
How the New Guidelines
Were Developed
The Board
develops and updates its guidelines under a process common to most Federal
regulations which provides an opportunity for public comment. In order to get
input from a cross section of stakeholders at the outset of this update, the
Board established an advisory committee to review the original guidelines and to
recommend changes. The ADAAG Review Advisory Committee, which consisted of 22
members representing the design and construction industry, the building code
community, and people with disabilities, among others, submitted a report to the
Board that detailed recommended revisions to the substance, organization, and
format of the guidelines. The finalized guidelines are based largely on these
recommendations. The Board published the guidelines in proposed form in
November, 1999 and made them available for public comment for six months.
During the comment period, the Board held public hearings in Los Angeles and the
Washington, D.C. area. The Board received over 2,500 public comments on its
proposal and finalized the guidelines based on its review of these comments.
Goals of this Update
Key goals
of this update include:
Harmonization with
Model Building Codes and Industry Standards
Through
this update, the Board sought to make its guidelines more consistent with model
building codes and industry standards in order to make compliance easier. It
coordinated extensively with model code groups and standard-setting bodies so
that differences could be reconciled. In particular, the Board sought to
harmonize the guidelines with the International Building Code (IBC) and access
standards issued through the American National Standards Institute (ANSI). Used
by a growing number of states and local jurisdictions, the IBC contains scoping
provisions for accessibility. The ANSI A117.1 standard, a voluntary consensus
standard, provides technical criteria referenced by the IBC. A number of
revisions were made to the guidelines for consistency with these and other model
codes and standards. In addition, the Board worked to resolve remaining
differences by advocating changes to the IBC and the ANSI A117.1 standard based
on the new guidelines.
When will the new
guidelines take effect?
The
Board’s guidelines are not mandatory on the public, but instead serve as the
baseline for enforceable standards (which are) maintained by other Federal
agencies. In this respect, they are similar to a model building code in that
they are not required to be followed except as adopted by an enforcing
authority. Under the ADA, the Department of Justice (and in the case of transit
facilities, the Department of Transportation) are responsible for enforceable
standards based on the Board’s guidelines. These agencies will update their ADA
standards based on the new guidelines. In doing so, they will indicate when the
new standards are to be followed. Several other agencies (the General Services
Administration, Department of Defense, Department of Housing and Urban
Development, and the U.S. Postal Service) hold a similar responsibility for
standards used to enforce the ABA.
Existing Facilities
The ADA
and ABA guidelines cover new construction and planned alterations and generally
do not apply to existing facilities except where altered. Facilities built or
altered according to earlier versions of the ADA or ABA standards will not
necessarily have to meet the updated version except where they are subsequently
altered or renovated. The Department of Justice, which regulates requirements
for existing facilities under the ADA, intends to address coverage of facilities
built or altered according to the original ADA standards in its rulemaking to
update the standards. It will also address facilities retrofitted under ADA
provisions for existing facilities, such as the requirement for barrier removal
in places of public accommodation. With respect to ABA facilities, the Board
has clarified in the guidelines that facilities built to earlier ABA standards
are subject to the new requirements only in relation to planned alterations.
Organization and Format
The
updated guidelines feature:
A Rule in Three Parts
The Board
coordinated its update of the ADA and ABA guidelines into a single rule. The
final rule contains updated scoping provisions, which specify what has to be
accessible, and technical requirements, which spell out how access is achieved.
It contains three parts: a scoping document for ADA facilities (Part I), a
scoping document for ABA facilities (Part II), and a common set of technical
criteria referenced by both scoping documents (Part III).
Supplements to ADAAG
The Board
previously developed supplements to the original ADA guidelines that are
specific to different types of facilities and elements:
These supplements are included in the new guidelines. They have been revised for consistency with the format and approach of the new document, but their substance remains unchanged.
Part I: ADA Application and Scoping (Chapters 1 and 2)
Chapter 1: Application
and Administration
The
guidelines include general provisions that recognize the purpose of the
guidelines (101), specifications for adults and children (102), equivalent
facilitation, which permits departures providing equal or greater access (103),
conventions (104), referenced standards (105), and definitions (106). These
provisions include instructions on applying the guidelines, such as conventions
concerning specified dimensions. Throughout the guidelines, the Board has
replaced absolute dimensions with specified ranges wherever practicable to
facilitate compliance.
The guidelines reference several model building codes and industry standards. These include industry standards for powered doors, elevators, platform lifts, and play surfacing and equipment. Requirements for means of egress and fire alarms are addressed through references to the International Building Code (IBC) and the National Fire Alarm Code (NFPA 72). The guidelines reference the most recent editions of these codes and standards.
Chapter 2: Scoping
Requirements
Chapter 2
is comprised of provisions that specify which spaces and elements are required
to comply. The format and content of the guidelines reinforce the underlying
premise that all areas of newly constructed facilities are required to be
accessible unless otherwise noted. Consequently, exceptions from the
requirements are more thoroughly covered.
The new guidelines enhance coverage of employee work areas. The original ADA guidelines specified that work areas be on an accessible route so that persons with disabilities can approach, enter, and exit the space. In addition to this, the new guidelines also require the accessibility of circulation paths within sizable (1000 square feet or more) work areas (203.9). They also address accessible means of egress from work areas and connections for visual alarms. Another notable revision concerns press boxes, which by their elevation and location have posed challenges to access. The new guidelines include an exception for certain press boxes based on their size, elevation, and location (206.2).
Other revisions include:
Part II:
ABA Application and Scoping (Chapters F1 and F2)
Application and scoping requirements for ABA facilities are based on those for
ADA facilities to ensure a consistent level of access. There are differences in
certain areas which stem from variations between the ADA and ABA statutes. For
example, the ABA is broader in its coverage of employee work areas, a difference
reflected in the updated guidelines. Exceptions for work areas that limit
coverage in the ADA scoping document are not included in the ABA counterpart.
Other ABA provisions that differ from the ADA document concern modifications and
waivers (F103), definitions (F106), additions (F202.2), leased facilities
(F202.6), existing elements (F203), and residential facilities (F234).
Part III:
Technical Requirements (Chapters 3-10)
Part III
contains technical chapters referenced by the ADA and ABA scoping documents.
Chapter 3: Building
Blocks
Chapter 3
provides criteria for basic elements considered to be the “building blocks” of
accessibility as established by the guidelines, including ground and floor
surfaces (302), changes in level (303), wheelchair turning space (304), clear
floor space (305), knee and toe clearances (306), protruding objects (307),
reach ranges (308), and operable parts (309).
The guidelines specify reach ranges according to the approach (forward or side). A significant change of this chapter reduces the maximum side reach range from 54 to 48 inches, the height specified for forward reaches. This change, which was recommended by the ADAAG Review Advisory Committee and strongly supported by public comments, includes exceptions for certain elements, such as gas pumps.
Chapter 4: Accessible
Routes
All
components of accessible routes have been combined into one chapter that covers
walking surfaces (403), doors (404), ramps (405), curb ramps (406), elevators
(407 - 409), and platform lifts (410).
New specifications are provided that clarify access at recessed doors, ramps (edge protection), and curb ramps (top landings). Provisions for elevators recognize a greater range of designs and dimensions for standard cars and include new technical criteria for other types of elevators: destination-oriented, limited-use/ limited-application, and residential. Provisions for platform lifts have been updated and reference a new industry standard (ASME A18.1).
The original guidelines required detectable warnings, a distinctive tactile surfacing, on the surface of curb ramps and other areas to alert people with vision impairments of their approach to streets and drop-offs at boarding platforms. The new guidelines do not include a requirement for detectable warnings at curb ramps or hazardous vehicular areas since the Board is revisiting this issue in a separate rulemaking on accessible public rights-of-way. (Under the new guidelines detectable warnings are still required along the edges of boarding platforms in transit facilities.)
Chapter 5: General
Site and Building Elements
This
chapter contains requirements for parking (502), passenger loading zones (503),
stairways (504), and handrails (505). Revisions of this chapter include a new
provision specific to angled van parking spaces and revamped specifications for
handrails that will permit a greater range of designs and shapes.
Chapter 6: Plumbing
Elements and Facilities
Specifications for plumbed fixtures address drinking fountains (602), toilet and
bathrooms (603), water closets and compartments (604), urinals (605), lavatories
and sinks (606), bathtubs (607), showers (608), grab bars (609), tub and shower
seats (610), washing machines and clothes dryers (611), and saunas and steam
rooms (612).
Some provisions have been revised to help improve compliance as well as access. For example, an absolute dimension for the centerline placement of toilets (18”) has been replaced with a range (16” – 18”). To improve access and allow side transfers at toilets, lavatories are no longer permitted to overlap the required clear space aside toilets.
Other changes of this chapter concern drinking fountains (side approach access is no longer permitted at wheelchair accessible units), shower compartments (specifications for water temperature, spray units, and curbs), and new criteria for washing machines and clothes dryers.
Chapter 7:
Communication Elements and Features
This
chapter provides technical criteria for communication elements such as fire
alarms (702), signs (703), telephones (704), detectable warnings (705),
assistive listening systems (706), ATMs and fare machines (707), and two-way
communication systems (708). Substantive changes include:
Chapter 8: Special
Rooms, Spaces, and Elements
Various
types of occupancies and spaces are addressed in Chapter 8. These include:
assembly areas (802), dressing, fitting, and locker rooms (803), kitchens and
kitchenettes (804), medical care facilities (805), transient lodging (806),
holding and housing cells (807), courtrooms (808), residential dwelling units
(809), transportation facilities (810), and storage (811). The new guidelines
are structured to make provisions for certain types of facilities or spaces more
integral to the document as a whole. Some provisions specific to these
facilities that cover elements also addressed for facilities generally are
located in other chapters. For example, Chapter 6 (Plumbing Elements and
Facilities) includes provisions specific to toilet and bathing facilities in
residential dwelling units.
The requirements found in Chapter 8 were reorganized to clarify the application of requirements for certain types of spaces without respect to the overall occupancy. For example, specifications for kitchens and kitchenettes apply whether such spaces are located in a hotel guest room, a dwelling unit, or an employee break room. This differs from the original guidelines which addressed kitchens and kitchenettes only in relation to transient lodging facilities and, in the case of the ABA guidelines, dwelling units.
Chapter 9: Built-In
Furnishings and Equipment
Chapter 9
covers built-in furnishings and equipment and provides specifications for dining
and work surfaces (902), benches (903), and sales and service counters,
including check-out aisles (904). The guidelines provide revised specifications
for benches which include revised criteria for back support.
Chapter 10: Recreation
Facilities and Play Areas
Technical
provisions for various types of recreation facilities, including play areas the
Board developed previously as supplements to the original ADA guidelines are
located in Chapter 10. They have been integrated into the new guidelines
without substantive change. Requirements are provided for amusement rides
(1002), recreational boating facilities (1003), exercise machines (1004),
fishing piers and platforms (1005), golf facilities (1006), miniature golf
facilities (1007), play areas (1008), swimming pools, wading pools, and spas
(1009), and shooting facilities with firing positions (1010).
Copies of the new ADA and ABA accessibility guidelines, as well as technical assistance and training on them, is available from the Access Board. The Board also enforces design requirements of the ABA which apply to federally funded facilities.
U.S. Access Board
(800) 872-2253 (voice) (800) 993-2822 (TTY)
www.access-board.gov
E-mail:
pubs@access-board.gov (publication orders)
ta@access-board.gov (technical assistance)
training@access-board.gov (training)
enforce@access-board.gov (ABA enforcement)
Questions about the enforcement of the ADA’s design requirements or the update of ADA standards based on the Board’s new guidelines should be directed to the U.S. Department of Justice or, in the case of public transit facilities, the U.S. Department of Transportation.
U.S. Department of Justice Federal Transit Administration
(800) 514-0301 (voice) (800) 514-0383 (TTY) (888) 446-4511 (voice/ relay)
www.ada.gov www.fta.dot.gov
July 2004
U N I T E D S T A T E S A C C E S S B O A R D
A
FEDERAL AGENCY COMMITTED TO ACCESSIBLE DESIGN
1331 F Street, N.W.
Suite 1000 Washington, DC 20004-1111
800 872-2253 (v)
■
800 993-2822
(TTY)
■
Fax: 202 272-0081
www.access-board.gov
■ e-mail: info@access-board.gov