New ADA Standards

On behalf of the American Disabilities Act, please see this important information below.

New ADA Standards...


What happened?
The Department of Justice issued new ADA Standards for Accessible Design on July 26 as part of their ADA title II and III regulations changes. The Department of Justice refers to these as the 2010 ADA Standards for Accessible Design or the 2010 Standards.

When may the 2010 Standard be used?
The 2010 Standards may be used as soon as they are published in the Federal Register as part of the ADA title II and III regulations. This will probably occur in early September. We will send out another email at that time.

What to do before the 2010 Standards are published in the Federal Register
Until the 2010 Standards are published in the Federal Register continue to use the ADA Standards for Accessible Design that are in the July 1994 grey and white 6 x 9 booklet that has code of federal regulations and 28 CFR Part 36 on the cover. If you need a copy let us know, we have copies in the office. If youd prefer the online version here is the link 1994 ADA Standards for Accessible Design. Section 2.2 of the 1994 Standards allows equivalent facilitation so at this time we can look to the 2010 Standards for guidance and alternative designs that provide substantially equivalent or greater access, but should not use any section that provides less access than the 1994 Standards.

Will there be a transition period?
After the 2010 Standards are published in the Federal Register people will have the option of using either the 2010 Standards or the 1994 Standards for eighteen months. When must the 2010 Standard be used Eighteen months after the 2010 Standards are published in the federal register only the 2010 Standards may be used.

Trigger dates for the 2010 Standards

State and local governments (Title II entities): When construction or alterations begins (ceremonial ground breaking and razing of structures prior to site preparation dont count). Example: DEK State College begins construction of a new dormitory 17 months after the 2010 Standards are published in the federal register. Either the 1994 Standards or the 2010 Standards may be used. LTM State College begins construction of a new dormitory 19 months after the 2010 Standards are published in the federal register, the 2010 Standards must be used. Private entities such as restaurants, hotels, stores, factories and warehouses (Title III entities): 1. Date last application for a building permit or permit extension is certified to be complete by a state, county or local government. 2. If government does not certifiy completion of application use date last application for building permit or permit application is received by state, county or local government. 3. If no permit is required, use date when construction or alterations begin.Example: VJP Private Colleges last building permit for a new dormitory is certified by the city 17 months after the 2010 Standards are published in the Federal Register. Either the 1994 Standards or the 2010 Standards may be used. RST Private Colleges last building permit for a new dormitory is certified by the city 19 months after the 2010 Standards are published in the Federal Register, the 2010 Standards must be used.

What are the major changes between the 2010 Standards and the 1994 Standards?

The Department of Justice has issued a helpful fact sheet summarizing the major changes. What about the other changes in the ADA title II and III regulationsThe revised regulations include issues concerning service animals, arena and theater ticketing policies, hotel and motel accessible guestroom policies and more. These changes will take effect 6 months after the regulations are published in the Federal Register. Click here to read the entire regulation or the Department of Justices Fact Sheets on the highlights.

If you have any questions please contact us.New England ADA Center800-949-4232 voice/tty (New England only)617-695-0085 voice/tty

ADAinfo@NewEnglandADA.org