Impact of 2010 ADA Guidelines
Under Titles II and III of the ADA, all “new construction” and “alterations” generally were required to be made accessible. For government entities subject to Title II, this required them to comply with either ADAAG or UFAS. For public accommodations subject to Title III, this required them to comply with ADAAG.
Beginning on March 15, 2012, public entities and public accommodations subject to Titles II and II of the ADA will be required to comply with the 2010 Guidelines for all new construction and alterations. Prior to March 12, 2012, public entities engaged in new construction and alterations can choose to follow the 2010 Guidelines, ADAAG, or UFAS. Prior to March 15, 2012, public accommodations engaged in new construction and alterations can choose either the 2010 Guidelines or ADAAG.
Before January 26, 1992
Facilities built before January 26, 1992, are referred to as “pre-ADA” facilities. If there is an architectural barrier accessibility in a pre-ADA facility, you may remove the barrier using the ADA Standards for Accessible Design or UFAS as a guide, or you may choose to make the program, service, or activity located in the building accessible by providing “program access”.
After January 26, 1992
Any facility built or altered after January 26, 1992 must be “readily accessible to and usable by” persons with disabilities.
September 15, 2010
Adoption of the 2010 ADA Standards for Accessible Design.
March 15, 2011 – Effective Date
The rule will became effective March 15, 2011. and alterations and barrier removals.
March 15, 2012 – Compliance Date
Compliance required for all new construction and alterations and barrier removals.
Impact of 2010 ADA Guidelines
Unlike new construction and alterations, the ADA did not necessarily require governments and public accommodations to make “existing facilities” that were not altered accessible. However, the ADA requires governments to assure that their “programs” as a whole were accessible (known as “program accessibility”), which might require that they make some of their existing facilities accessible. With respect to public accommodations, the ADA requires them to remove architectural barriers in existing facilities when it is “readily achievable” to do so.
As a result of these provisions, many public and private facilities were made accessible using ADAAG or UFAS standards. DOJ’s 2010 regulations provide a “safe harbor” to those facilities that were built or altered in compliance with the then-applicable standards. In other words, elements of facilities that were built or altered in compliance with the previous standards are not required to be brought into compliance with the 2010 Guidelines until the elements are subject to a planned alteration.