ADA Accessibility Guidelines for Buildings and Facilities With ADA Technical Assistance Manuals

The Americans with Disabilities Act (ADA), signed by President Bush on July 26, 1990, is a landmark legislation to extend civil rights protection to people with disabilities. The ADA prohibits discrimination on the basis of disability in employment, State and local government services, public transportation, public accommodations, commercial facilities, and telecommunications. The ADA required the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) to supplement its Minimum Guidelines and Requirements for Accessible Design to serve as the basis for regulations to be issued by the Department of Justice and the Department of Transportation under the Title II and Title III of the Act. On July 26, 1991, the Access Board published its ADA, Accessibility Guidelines for Buildings and Facilities (ADAAG). These guidelines were amended and supplemented with provisions for transportation facilities on September 6, 1991. ADAAG is applicable to buildings and facilities covered by Title II and Title III of the ADA to the extent required by regulations issued by the Department of Justice and the Department of Transportation under the ADA.

The purpose of this checklist is to enable people to survey places of public accommodation, commercial facilities, and transportation facilities for compliance with the new construction and alterations requirements of Title II, Subtitle B (Public Transportation) and Title III of the ADA. It can also be used to identify barriers in existing buildings. No special training is needed to use this checklist. It can be used by businesses, building owners and managers, State and local governments, design professionals, or concerned citizens.

The checklist must be used in conjunction with the Department of Justice's regulations in 28 CFR Part 36, the Department of Transportation's regulations in 49 CFR Part 37, and the Americans with Disabilities Act Accessibility Guidelines which are reprinted in the appendices to those regulations. Appendix A of the Department of Transportation's regulations includes section 10 of ADAAG, which specifies additional provisions for transportation facilities.

Buildings and facilities constructed or altered by, on behalf of, or for the use of State and local governments covered by Title II, Subtitle A of the ADA, (other than transportation facilities covered by the Department of Transportation's regulation), are allowed by 28 CFR 35.151 to follow either ADAAG without the elevator exception or the Uniform Federal Accessibility Standards (UFAS). A similar checklist, the UFAS Accessibility Checklist, is available from the Access Board.

New Construction

Places of public accommodation and commercial facilities covered by Title III of the ADA are required by 28 CFR 36.401 and 36.406 to comply with ADAAG if the facilities are designed and constructed for first occupancy after January 26, 1993. This requirement applies only if: (1) the last application for a building permit or permit extension for the facility is certified to be completed by a State, county, or local government after January 26, 1992 and (2) the first certificate of occupancy for the facility is issued after January 26, 1993. Full compliance with the new construction requirements is not required where an entity can demonstrate that it is structurally impracticable. The exception for structural impracticability, a very narrow one, is discussed in 28 CFR 36.401 (c) and ADAAG 4.1.1(5)(a). Other exceptions for certain temporary structures, specific building areas and features (including elevators) are discussed in ADAAG 4.1.1(4), 4.1.1(5)(b) and 4.1.3(5) and, where applicable, on the Minimum Requirements Summary Sheets or the Technical Requirements Survey Forms.

Transportation facilities covered by Title II, Subtitle B of the ADA are required by 49 CFR 37.9 and 37.41 to comply with ADAAG, including section 10, if a notice to proceed is issued after January 25, 1992, for bus, light rail or rapid rail facilities; or after October 7, 1991, for intercity or commuter rail stations.

Employee Work Areas

Areas that are used only by employees as work areas must be designed and constructed so that individuals with disabilities can approach, enter, and exit the areas as required in ADAAG 4.1.1(3). The guidelines do not require that any areas used only by employees as work areas be constructed to permit maneuvering within the work area or be constructed or equipped (i.e., with racks or shelves) to be accessible.

Equivalent Facilitation

Departures from the ADAAG technical and scoping provisions are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility. See ADAAG 2.2 and other sections referenced in Appendix A2.2 of ADAAG for specific examples of equivalent facilitation.

For transportation facilities covered by Title II, Subtitle B of the ADA, a determination of equivalent facilitation must be made by the Administrator of the Federal Transit Administration or the Federal Railroad Administration, as applicable. The specific procedure for applying for such a determination is included in 49 CFR 37.9(d).

Alterations

Alterations to a place of public accommodation or commercial facility covered by Title III of the ADA that are undertaken after January 26, 1992 are required by 28 CFR 36.402 and 36.406 to be done in a manner so as to ensure that, to the maximum extent feasible, the altered portions of the facility comply with ADAAG. For transportation facilities covered by Title II, Subtitle B of the ADA, 49 CFR 37.9 and 37.4 require that alterations must follow ADAAG if a notice to proceed or work order is issued after January 25, 1992, for bus, light or rapid rail facilities; or after October 7, 1991, for intercity or commuter rail stations.

In general, alterations of specific elements or portions of a facility must be completed in compliance with the requirements for new construction. However, full compliance with the alterations requirements is not required where it is technically infeasible. The exception for technical infeasibility is discussed in ADAAG 4.1.6(1)(j). This and other special provisions and exceptions for alterations contained in ADAAG 4.1.6 are discussed on the Minimum Requirements Summary Sheet 1: Accessible Buildings - Additions and Alterations. Additional special provisions and exceptions for alterations for special facility types are found in ADAAG 5, 6, 7, 9 and 10 and on the Technical Requirements Survey Forms for the special facility types.

If an alteration affects or could affect the usability of or access to an area of a facility that contains a "primary function," an accessible path of travel must be provided to the altered area. In addition, restrooms, telephones, and drinking fountains serving the altered area must also be made accessible to the extent that the cost is not "disproportionate" to the cost of the overall alteration. Disproportionality is defined in 28 CFR 36.403 (f) and 49 CFR 37.43(e) as a sum not to exceed 20% of the cost of the alteration to the primary function area.

Historic Preservation

Alterations to a qualified historic building or facility must comply with ADAAG unless it is determined in accordance with procedures described in ADAAG 4.1.7(2) that compliance with certain requirements would threaten or destroy the historic significance of the building or facility. In such a case, alternative requirements may be used. The alternative requirements are discussed in 28 CFR 36.405 and ADAAG 4.1.7(3) and on the Minimum Requirements Summary Sheet J: Accessible Buildings

Barrier Removal in Existing Facilities

Public accommodations covered by Title III of the ADA must remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable. The ADA generally defines readily achievable as "easily accomplishable and able to be carried out without much difficulty or expense." The requirement to remove architectural barriers where readily achievable is discussed in 28 CFR 36.304. Measures taken to comply with readily achievable barrier removal must comply with ADAAG unless it would not be readily achievable. Then, other readily achievable measures that do not fully comply with ADAAG may be taken. However, no measure shall be taken that poses a significant risk to the health or safety of individuals with disabilities or others.

Key Stations

Existing rapid rail, light rail, and commuter rail transportation systems covered by Title II, Subtitle B of the ADA must identify 'key stations", in accordance with requirements of 49 CFR 37.47 and 37.51. Generally, "key stations" must comply with ADAAG 10.3.2. Under some conditions, previously altered elements which conform to UFAS (when done by a public entity) or ANSI A117.1-1980 (when done by a private entity without Federal funds) may meet the key station requirements. This "grandfather" provision applies only to "key stations" and is discussed in 49 CFR 37.9(b) and the corresponding explanatory material in Appendix D to the Department of Transportation's regulations. All existing intercity rail stations must comply with ADAAG 10.3.2. The timeframes for making "key stations" and existing intercity rail stations accessible are specified in the Department of Transportation's regulations at 49 CFR 37.47, 37.51, and 37.55.

What Are "Places of Public Accommodation" and "Commercial Facilities"?

ADAAG applies to new construction and alterations of "places of public accommodation and commercial facilities." A "place of public accommodation" is a facility, operated by a private entity, whose operations affect commerce and which falls within at least one of the twelve categories listed below:

1. An inn, hotel, motel, or other place of lodging, except for an establishment    located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor.

2. A restaurant, bar or other establishment serving food or drink.

3. A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment.

4. An auditorium, convention center, lecture hall, or other place of public gathering.

5. A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment.

6. A Laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment.

7. A terminal, depot, or other station used for specified public transportation.

8. A museum, library, gallery, or other place of public display or collection.

9. A park, zoo, amusement park, or other place of recreation.

10. A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education.

11. A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment.

12. A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

"Commercial facilities" are facilities whose operations will affect commerce and that are intended for nonresidential use by a private entry (e.g., factories and warehouses). "Commercial facilities" do not include facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended; aircraft; and certain railroad equipment listed in 28 CFR 36.104.

How the Checklist Is Organized to Assist You

This checklist presents the minimum scoping and technical requirements contained in ADAAG for newly constructed facilities in the logical progression of traveling to and through a building. The Minimum Requirements Summary Sheets tell you what to survey, such as an accessible route, an entry, or a bathroom. The Technical Requirements Survey Forms give you the specific features those elements must have. There are .9 survey forms to represent elements on the site and in the building. Many of ADAAG's general requirements are repeated on different forms because they apply to more than one element. Some survey forms may refer you to others for detailed provisions.

In general, the Minimum Requirements Summary Sheets and the Technical Requirements Survey Forms contain the ADAAG requirements for new construction. In alterations one must first attempt to meet the requirements for new construction unless it is technically infeasible or special provisions apply.

The survey process moves through a parallel structure in three steps using the following sheets and forms:

Step 1: Building/Facility Identification and Data Sheet

Step 2: Minimum Requirements Summary Sheets

Sheet A. Parking and Passenger Loading Zones

Sheet S. Site Accessible Routes and Elements

Sheet C. Entrances

Sheet D. Building Accessible Route

Sheet E. Rooms and Spaces (including Assembly Areas and Dressing and Fitting Rooms)

Sheet F. Toilet Rooms and Bathrooms

Sheet G. Special Features - Signage, Alarms, Detectable Warnings, and Automated Teller Machines (ATMS)

Sheet H. Special Types of Facilities

Sheet 1. Accessible Buildings - Additions and Alterations

Sheet J. Accessible Buildings - Historic Preservation

Step 3: Technical Requirements Survey Forms

Form 1. Parking

Form 2. Passenger Loading Zones

Form 3. Exterior Accessible Routes

Form 4. Curb Ramps

Form 5. Drinking Fountains

Form 6. Telephones

Form 7. Ramps

Form 8. Stairs

Form 9. Platform Lifts

Form 10. Entrances and Exits (Areas of Rescue Assistance)

Form 11. Doors and Gates

Form 12. Building Lobbies and Corridors (Interior Accessible Route) Elevators

Form 13. Rooms and Spaces

Form 14. Assembly Areas

Form 15. Toilet Rooms and Bathrooms

Form 17. Bathtubs and Showers

Form 18. Dressing and Fitting Rooms

Form 19. Signage

Form 20. Alarms

Form 21. Detectable Warnings

Form 22. Automated Teller Machines (ATMS)

Special Facility Types

Form 23. Restaurants and Cafeterias

Form 24. Medical Care Facilities

Form 25. Mercantile Facilities

Form 26. Libraries

Form 27. Transient Lodging (Hotels, Motels, Inns, Boarding Houses, Dormitories, and Other Similar Places)

Form 28. Transient Lodging in Homeless Shelters, Halfway Houses, Transient Group Homes, and Other Social Service Establishments

Form 29. Transportation Facilities

Properties are Addressed

Special provisions and exceptions allowed in alterations of buildings, including historic properties, are addressed in: Minimum Requirements Summary Sheet I: Accessible Buildings - Additions and Alterations and Sheet J: Accessible Buildings - Historic Preservation.