BULLETIN #5: USING ADAAG U. S. Architectural and Transportation Barriers Compliance Board 1331 F Street, NW Suite 1000 Washington, D.C. 20004-1111 Tel #: (202) 272-5434 February 1993 This Bulletin was developed for architects and other design professionals who must apply ADAAG to new construction and alterations projects covered by titles II and III of the ADA. It is also intended to clarify which regulations apply to existing facilities covered by those titles. The landmark Americans with Disabilities Act (ADA), enacted on July 26, 1990, provides comprehensive civil rights protections to individuals with disabilities in the areas of employment (title I), State and local government services (title II), public accommodations and commercial facilities (title III), and telecommunications (title IV). Both the Department of Justice and the Department of Transportation, in adopting standards for new construction and alterations of places of public accommodation and commercial facilities covered by title III and public transportation facilities covered by title II of the ADA, have issued implementing rules that incorporate the Americans with Disabilities Act Accessibility Guidelines (ADAAG), developed by the Access Board. Americans with Disabilities Act (a) FINDINGS. The Congress finds that- (1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older; [...] (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health service, voting, and access to public services; [...] (5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and regulation to lesser services, programs, activities, benefits, jobs, or other opportunities; [..] (b) PURPOSE. It is the clear purpose of this Act- (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities. What's the difference between the ADA, ADA regulations, and ADAAG? The Americans with Disabilities Act--the ADA--is a law, passed by Congress and signed by the President in July of 1990, that prohibits discrimination on the basis of disability. To effect this prohibition, the statute required certain designated federal agencies to develop implementing regulations, the first of which were promulgated in July of 1991. This rulemaking continues today. The regulations detail a wide range of administrative and procedural requirements, including compliance with design and construction standards; those standards are expressed in the Americans with Disabilities Act Accessibility Guidelines: ADAAG. What does the ADA cover? The Americans with Disabilities Act (Public Law 101-336), has five titles (a title is a discrete part of a larger document), each of which defines and prohibits discrimination on the basis of disability within a specific arena: * Title I/Employment * Title II/Public Services * Subtitle A covers State and local governments generally; * Subtitle B applies to most public transportation systems * Title III/Public Accommodations and Services (including transportation) Operated by Private Entities * Title IV/Telecommunications * Title V/Miscellaneous Provisions How is the ADA implemented? The text of the law (see sidebar) outlines the findings and purposes that made it necessary. In order to accomplish its objectives, however, the general and specific prohibitions of discrimination mandated by Congress in each title of the statute must be expressed in rules and regulations--terms used interchangeably in this Bulletin--that specify and detail its application. This rulemaking is assigned to an appropriate federal agency in each of the substantive titles (I-IV; title V is largely administrative) of the ADA: * Title I/Equal Employment Opportunity Commission (EEOC) * Title II/Subtitle A/Department of Justice (DOJ) Subtitle B/Department of Transportation (DOT) * Title III/Department of Justice (DOT for vehicles) * Title IV/Federal Communications Commission (FCC) How does ADAAG fit into the ADA regulations? The DOJ and DOT rules describe all of the ADA obligations of covered entities arising from titles II and III of the Act. ADAAG affects only new construction and alterations undertaken by entities covered by the Act, establishing minimum requirements for accessibility in buildings and facilities and transportation vehicles subject to the regulations. When adopted by DOJ and DOT, the Access Board guidelines became the standards for accessible design under title III (title II entities may elect either ADAAG or UFAS--the Uniform Federal Accessibility Standards--until the Board completes title II rulemaking now underway). Regulations implementing the general provisions of titles II and III of the ADA--including those that cover buildings and facilities--were published in the Federal Register (FR) on July 26, 1991 in three parts (the Part designations are FR divisions only and do not relate to titles of the statute): Part II/Architectural and Transportation Barriers Compliance Board/36 CFR Part 1191/Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; Final Guidelines (this is ADAAG); Part III/Department of Justice/Office of the Attorney General/28 CFR Part 36/Nondiscrimination by Public Accommodations and in Commercial Facilities; Final Rule (this is the title III regulation; subpart C contains requirements for existing facilities; subpart D covers new construction and alterations; ADAAG is incorporated as Appendix A), and Part IV/Department of Justice/Office of the Attorney General/28 CFR Part 35/Nondiscrimination on the Basis of Disability in State and Local Government Services; Final Rule (this is the title II regulation; subpart D contains requirements for existing facilities and new construction and alterations). Regulations implementing the transportation provisions of titles II and III of the ADA were published in the Federal Register on September 6, 1991, also in three parts: Part II/Architectural and Transportation Barriers Compliance Board/36 CFR Part 1191/Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; Transportation Facilities; Amendments to Final Guidelines (this is Section 10 of ADAAG, initially reserved in its July publication); Part III/Architectural and Transportation Barriers Compliance Board/36 CFR Part 1192/Americans with Disabilities Act Accessibility Guidelines for Transportation Vehicles; Final Guidelines (called 'vehicle guidelines' or 'ADAAG for vehicles'), and Part IV/Department of Transportation/49 CFR Parts 27, 37 and 38/Transportation for Individuals with Disabilities; Final Rule (this is known as the DOT rule; it incorporates ADAAG, including Section 10 on transportation facilities and the vehicle guidelines). [Department of Justice title III regulation: PREAMBLE] Subpart C--Specific Requirements 36.304 Removal of Barriers. [...] Because the purpose of the ADA is to ensure that public accommodations are accessible to their customers, clients, or patrons (as opposed to their employees, who are the focus of title I), the obligation to remove barriers under 36.304 does not extend to areas of a facility that are used exclusively as employee work areas. [Department of Justice title III regulation: PREAMBLE] Subpart A--General 36.104 Definitions. "Commercial facilities" are those facilities that are intended for nonresidential use by a private entity and whose operations effect commerce. As explained under 36.401, "New Construction", the new construction and alterations requirements of subpart D of the rule apply to all commercial facilities, whether or not they are places of public accommodation. Those commercial facilities that are not places of public accommodation are not subject to the requirements of subparts B and C (e.g., those requirements concerning auxiliary aids and general non-discrimination provisions). [Department of Justice title III regulation: RULE] Subpart A--General 36.101 Purpose. The purpose of this part is to implement title III of the Americans with Disabilities Act of 1990 (42 USC 12181), which prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards. How are the regulations organized? The DOJ regulations governing title III entities have three major divisions: the Preamble (pps. 35544-35592) discusses the rulemaking history and contains a detailed, section-by-section analysis of the regulation, including a discussion of public comment on the proposed rule; its three-column text can be distinguished by its italicized headings; the Rule (pps 35592-35604), also in three columns, but with bolded headings, contains the legal requirements that cover private sector entities. These are divided into subparts, each containing a series of sections (note that requirements for existing facilities--including barrier removal in places of public accommodation--are only covered in the rule, and not in ADAAG, which applies only to new construction and alterations). ADAAG (pps 35605-35691), the Access Board's ADA Accessibility Guidelines, is incorporated as Appendix A to the regulations; it serves as the standard for accessible design in new construction and alterations. Its two-column text with figures is based on ANSI A117.1-1980 and -1986 with differences generally noted in italics. Similarly, the DOJ title II rule contains a preamble and regulation; however, no ADAAG is appended to the document published in the Federal Register. Title II entities may elect to follow either ADAAG or the 1984 Uniform Federal Accessibility Standards (UFAS) for new construction and alterations (although DOJ is considering eliminating this option). The DOT transportation rule contains a preamble and regulation as well, and incorporates ADAAG (including Section 10. Transportation Facilities) as Appendix A to Part 37; Appendix D contains an interpretive guide. Vehicle standards are in Part 38. The Access Board ADAAG as published in the Federal Register contains only a preamble and the guidelines. The detailed discussion of the provisions for new construction and alterations found in its preamble will be of particular use to design professionals applying its scoping and technical requirements (copies containing the preamble are no longer being published; consult the July 26, 1991 Federal Register, available at many libraries). How is ADAAG organized? ADAAG contains both scoping provisions and technical specifications for accessibility in new construction and alterations of buildings and facilities. Organized into five parts, the guidelines comprise: general information, instructions, and definitions (Sections 1 - 3); scoping provisions for new construction and alterations of sites and buildings that define which--and how many--elements are required to be accessible (Section 4.1.1 - 4.1.7); technical specifications for accessible elements (Section 4.2 - 4.35); special occupancy sections that apply additional scoping and technical provisions to certain facility types (Sections 5 - 10), and an advisory appendix that offers additional (non-mandatory) information on accessibility (paragraph numbers correspond to those in the guidelines, where an asterix notes a related Appendix entry). Scoping provisions may require that an accessible element be provided, require accessibility of an element if any are provided, require that a minimum number or percentage of several elements provided be accessible, or require conformance to a technical provision generally. Special occupancy sections, though generally also subject to 4.1 through 4.35, may contain additional or different scoping and technical requirements. Technical provisions describe the characteristics of an accessible element: the width of a door, the maneuvering clearance required to use it, hardware requirements, etc. Some building elements--telephones are a good example--are subject to several types of technical provisions as a result of separate scoping provisions. Some must be installed at a height accessible to persons who use wheelchairs; some must be equipped for persons who are hard of hearing; others must incorporate or support a text telephone. The technical provisions specify the accessibility required in scoping. In general, specific provisions take precedence over general requirements, and words and text over figures (although some figures may contain requirements not specified in text). Definitions (in 3.5) do not constitute provisions and should not be read as requirements. Furniture, furnishings and equipment not fixed to building construction are not scoped or specified in ADAAG (although the DOJ and DOT rules may cover such items). Designers are encouraged to read ADAAG in concert with the relevant regulation and preamble discussion (a chart on pp. 35602 of the DOJ title III regulation simplifies cross-referencing). Although ADAAG compliance will not generally be reviewed during the permitting process for new construction or alterations, its application is not unlike that of a state or local building code, whose scoping requirements may be contained in the local adopting amendments, while the technical requirements are those of a model code. Indeed, ADAAG itself is based upon the format of ANSI A117.1-1980, whose standards have been adopted--with the addition of state/local scoping provisions--as the accessibility code in many jurisdictions. [PUBLIC LAW 101-336 (ADA)] Regulations by the Architectural and Transportation Barriers Compliance Board. (a) ISSUANCE OF GUIDELINES. The Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of titles II and III of this Act. (b) CONTENTS OF GUIDELINES. The supplemental guidelines issued under subsection (a) shall establish additional requirements, consistent with this Act, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities. [ADAAG: GENERAL] 3.5 Definitions. Common Use. Refers to those interior and exterior rooms, spaces, or elements that are made available for the use of a restricted group of people (for example, occupants of a homeless shelter, the occupants of an office building, or the guests of such occupants. [ADAAG: SCOPING] 4.1.2 Accessible Sites and Exterior Facilities: New Construction. An accessible site shall meet the following minimum requirements: [...](6) If toilet facilities are provided on a site, then each such public or common use toilet facility shall comply with 4.22 [...]. [ADAAG: SCOPING] 4.1.3 Accessible Buildings: New Construction. Accessible buildings and facilities shall meet the following minimum requirements: (11) Toilet Facilities: If toilet rooms are provided, then each public and common use toilet room shall comply with 4.22 [...]. [ADAAG: SCOPING] 4.1.6 Accessible Buildings: Alterations. (1) General. Alterations to existing buildings and facilities shall comply with the following: [...](e) Toilet Rooms: (i) Where it is technically infeasible to comply with 4.22 [...], the installation of at least one unisex toilet/bathroom per existing toilet facilities, will be permitted in lieu of modifying existing toilet facilities to be accessible. Each unisex toilet room shall contain one water closet complying with 4.16 and one lavatory complying with 4.19, and the door shall have a privacy latch [...]. [ADAAG: TECHNICAL] 4.22 Toilet Rooms. 4.22.1 Minimum Number. Toilet facilities required to be accessible by 4.1 shall comply with 4.22. Accessible toilet rooms shall be on an accessible route. 4.22.2 Doors. All doors to accessible toilet rooms shall comply with 4.13. Doors shall not swing into the clear floor space required for any fixture. 4.22.3 Clear Floor Space. The accessible fixtures and controls required in 4.22.4, 4.22.5, 4.22.6, and 4.22.7 shall be on an accessible route. An unobstructed turning space complying with 4.2.3 shall be provided within an accessible toilet room. The clear floor space at fixtures and controls, the accessible route, and the turning space may overlap. [...] [ADAAG: APPENDIX] A4.22 Toilet Rooms. A4.22.3 Clear Floor Space. [...] Figure 28 (section 4.16) provides minimum clear floor space dimensions for toilets in accessible "unisex" toilet rooms. The dotted lines designate the minimum clear floor space, depending on the direction of approach, required for wheelchair users to transfer onto the water closet. The dimensions of 48 in (1220 mm) and 60 in (1525 mm), respectively, correspond to the space required for the two common transfer approaches utilized by wheelchair users (see Fig A6). It is important to keep in mind that the placement of the lavatory to the immediate side of the water closet will preclude the side approach transfer illustrated in Figure A6(b). To accommodate the side transfer, the space adjacent to the water closet must remain clear of obstruction for 42 in (1065 mm) from the centerline of the toilet (Figure 28) and the lavatory must not be located within this clear floor space. [...] What about existing buildings and facilities that are not part of a planned alteration? Requirements for existing construction are contained in the title II and title III rules. State and local government services are subject to a program accessibility standard (see 35.160/p. 35719 of the title II regulation and related preamble material). Private sector facilities that are places of public accommodation have an on-going obligation to remove barriers to public access where readily achievable (see 36.304/p. 35597 of the title III regulation and related preamble). Existing key stations in certain transportation facilities must be made accessible in accordance with requirements outlined in ADAAG 10.3.2 (see also Subpart C of the DOT rule). Reasonable accommodation for employees with disabilities using existing facilities is covered by the Equal Employment Opportunity Commission (EEOC). In general, where barrier removal or program accessibility measures involve construction, ADAAG (or UFAS, if elected by title II entities) standards for alterations apply. However, neither ADAAG nor UFAS contain scoping for accessibility requirements in existing buildings and facilities. What is meant by title II? ...title III? Strictly speaking, the titles refer to the divisions within the statute itself. However, they have come to be used as a shorthand way of discriminating between the ADA obligations of (non-federal) public--title II--and private--title III entities. The DOT rule entitled Transportation for Individuals with Disabilities covers transportation services provided by both title II and title III entities. Title II transportation providers must look to the DOT rule for both facility, vehicle, and operational requirements; those who receive federal monies will also be covered by DOT's implementing regulations for section 504 of the Rehabilitation Act of 1973. Transportation provided by public accommodations--title III entities--are subject to the DOJ title III rule for facilities and the DOT rule for vehicles and operations. How was ADAAG developed? The responsibility to supplement existing federal accessibility guidelines for application to titles II and III was assigned to the Architectural and Transportation Barriers Compliance Board (the Access Board). A Notice of Proposed Rulemaking (NPRM), published in the Federal Register on January 22, 1991, contained the proposed document, the ADA Accessibility Guidelines (ADAAG), modeled on the format and technical specifications of ANSI--the American National Standards Institute--ANSI A117.1-1980 and -1986, with scoping based on that required by the existing Uniform Federal Accessibility Standards (UFAS). Public input was sought during a 60-day comment period, which included a number of public hearings across the country. Several proposed provisions were modified as a result of data received in response to questions in the NPRM. Proposed Section 10. Transportation Facilities of the guidelines was reserved at initial publication and later proposed as an amendment to ADAAG in a Supplemental Notice of Proposed Rulemaking issued on March 20, 1991. Who enforces ADAAG provisions? Because the ADA is civil rights law, compliance with and enforcement of its implementing regulations are not overseen by a local building code official but are exercised through private suit or by specified federal agencies when discrimination--or the probability of discrimination on the basis of disability--is alleged. A few states have adopted ADAAG as their accessibility code and implement its provisions through state and local building code officials in the same way as other applicable building regulations are applied, reviewed, and enforced. Many jurisdictions are expected to submit their building codes and/or standards for review by the Department of Justice. Standards that meet or exceed the minimum accessibility requirements of the ADA will be certified. The model codes, including ANSI A117.1, have sought to coordinate accessibility provisions through informal review and technical assistance from DOJ. ADA/ADAAG compliance does not relieve the designer from complying with the provisions of a state or local access code; where such a code contains more stringent requirements, they must be incorporated. Conversely, adoption of ADAAG or certification of the equivalency of a state/local code will not relieve covered entities of their responsibilities to meet the accessibility standards imposed by the ADA. Where can I get additional information? Questions about new construction and alterations under ADAAG or UFAS should be addressed to the Access Board technical assistance line at (800) USA-ABLE (voice/TDD). Questions about program accessibility (a title II requirement) and readily achievable barrier removal (a title III obligation) in existing facilities should be addressed to the Department of Justice ADA information line at (202) 514-0301 (voice) or (202) 514-0381 (TDD). The Department of Justice has also published Technical Assistance Manuals for its title II and title III rules; they--and copies of the DOJ regulations--may be ordered through the same telephone number. Information about and copies of the transportation regulation governing both title II and title III entities may be obtained from the Department of Transportation at (202) 366-4011 (voice) or (202) 755-7687 (TDD). Operational questions should be addressed to DOT at (202) 366-4390. Title I (Employment) issues involving reasonable accommodation and other obligations should be raised with the Equal Employment Opportunity Commission at (800) 669-3362 (TDD/voice). What about accessibility in facilities that are not covered by the ADA? The ADA generally exempts religious entities and private clubs from coverage. Individual state or local regulations may nevertheless require accessible design in such facilities. Most federal buildings and federally-funded or -assisted construction are covered by the Architectural Barriers Act of 1968 (ABA), for which UFAS is the current accessibility standard. The Access Board provides technical assistance and compliance and enforcement oversight under the ABA. Federally-funded or -assisted programs and services must also meet the accessibility requirements of section 504 of the Rehabilitation Act of 1973, for which UFAS is the referenced standard for most new construction and alterations. Accessibility in multifamily residential facilities generally is covered by the Fair Housing Amendments Act of 1988 (FHAA) and its related regulations and standards; for more information, contact the Department of Housing and Urban Development (HUD) at (202) 708-0015 (voice/TDD). All housing constructed or altered by or on behalf of state and local governments must also meet title II requirements. Since ADAAG does not yet include scoping or technical provisions for residential units (the NPRM for title II guidelines published in the Federal Register on December 21, 1992 contains a proposed section on housing), public entities should use UFAS as their interim accessibility standard. Residential design, construction, and alterations supported by federal funds are subject to the ABA; federally-assisted or -conducted housing programs and services are subject to the Rehabilitation Act. Both thus require conformance to UFAS accessibility provisions. Although publicly-operated airports are not subject to DOT's transportation regulation, they are covered by the DOJ title II rule. Additionally, airports that receive federal financial assistance are covered by the ABA (for facilities designed, constructed, or altered with federal funds) and Section 504 of the Rehabilitation Act (for federally-assisted or -conducted programs and services). As with housing, UFAS is the generally referenced standard. Privately-operated airports are covered by subpart A of DOT's transportation regulation and by the Department of Justice title III rule as commercial facilities. Most airports also contain places of public accommodation in shops, restaurants, and similar uses. Airline operations are subject to the Air Carrier Access Act of 1986 and its implementing regulations, which include some facility provisions; for more information, contact DOT at (202) 366-9306 (voice) or (202) 755-7687 (TDD). What's next for ADAAG? A Notice of Proposed Rulemaking (NPRM) published in the Federal Register on December 21, 1992 proposes Sections 11. Judicial, Legislative and Regulatory Facilities; 12. Detention and Correctional Facilities; 13. Accessible Residential Housing, and 14. Public Rights-of-Way and several miscellaneous provisions as supplementary guidelines for state and local government facilities covered by title II of the ADA. Its 90-day comment period, which included five public hearings across the country, closed on March 22, 1993. Final Guidelines are expected to be issued by fall 1993 for action by the Department of Justice as part of proposed changes to its title rule. DOJ may then eliminate the option of using UFAS under title II. The Access Board has begun the development of guidelines for children's environments and for recreation facilities; it is anticipated that they will be proposed as sections 15 and 16 of ADAAG in 1994, following the standard rulemaking process and including opportunities for public input and comment. The Access Board is also considering adopting the amended ADAAG as the applicable guidelines for newly-constructed, altered, and leased federal facilities under the Architectural Barriers Act of 1968. With these actions--the subject of rulemaking in 1993--the Board anticipates that ADAAG will soon be the single accessibility standard for places of public accommodation and commercial facilities and for local, state, and federal facilities. The Board is a member of the ANSI A117.1 Committee and shares its goal of achieving a uniform 'national' accessibility specification. As ADAAG, ANSI A117.1, and state and model codes are periodically reviewed and revised, it will be possible to achieve greater consistency in provisions among the several documents a design professional must apply to new construction and alterations. Recent Access Board actions published in the Federal Register include: a final rule amending reach ranges for automated teller machines and ticket vending machines; an NPRM on the possible temporary suspension of detectable warning requirements (except in transit stations) pending research; an ANPRM advising of the Board's intention to develop guidelines for children's environments; a notice of the intended formation of an advisory board to assist in the development of recreation guidelines, and a notice of the Board's research priorities for fiscal year 1994. Design professionals can track these and other regulatory actions of the Board through their professional membership organizations, trade publications, and the toll-free Access Board technical assistance line. A publications order form may be requested from the Access Board by calling its toll-free information number: (800) USA-ABLE (voice/TDD). Copies of the title III rule incorporating ADAAG, copies of ADAAG only (including Section 10, Transportation Facilities)l, copies of the transportation vehicles guidelines, and copies of the federal standard, UFAS, may be obtained from the Access Board. Also available are a series of technical bulletins on ADAAG provisions; ADAAG and UFAS checklists; a 9-part transit manual for system administrators; recommended guidelines for children's environments; an accessibility newsletter; several research publications, and copies of Access Board rulemaking notices. A 2-part videotape on the Access Board and ADAAG is available for loan and copying. The Access Board may also be contacted to arrange training for groups of design professionals, transportation planners, and others applying its guidelines for new construction and alterations. (800) USA-ABLE also serves the Board's technical assistance line for questions about the scoping and technical applications of ADAAG (9:00 am to 5:30 pm weekdays; no technical assistance between 2:00 and 4:00 pm on Wednesdays)