What is the difference between ada and adaag




















It also clarifies what is considered an alteration or addition to a parking facility. Also contained in the Guide are detailed explanations and examples of the scoping and dispersion requirements for sites with multiple parking facilities such as those found in airports, shopping malls, and campuses. Accessibility requirements for different variations of garage parking, hospital outpatient facilities, rehabilitation and outpatient physical therapy facilities, and residential facilities are discussed with accompanying diagrams.

Accessible parking space discussions cover subjects such as the size of spaces and access aisles, floor and ground surface requirements, van space vertical clearance, and identification and connection of accessible aisles and routes.

There is also a description of the requirements for van accessible parking spaces, pay stations, accessible space identification, and electric vehicle charging stations.

The Guide explains when passenger loading zones are required. It also provides details about the requirements for vehicle pull-up spaces and access aisles, such as their dimensions, ground and floor surfaces, and vertical clearance.

The Guide also clarifies what types of bus transportation must comply with the accessibility requirements for bus loading zones. Explanations of the staircase scoping requirements are contained in this section, including examples of the types of staircases that are exempt from the requirements.

The Guide diagrams some of the staircase design requirements for treads and risers, surfaces, and nosing. Separate sections also address and illustrate handrail, handrail extension, handrail clearance and cross-section, and escalator technical requirements. However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells cells other than those where alterations are originally planned , provided that each substitute cell—.

In the few places where requirements between the two differ, the requirements of 28 CFR part 36, subpart D prevail. The compliance date for the Standards for new construction and alterations is determined by:. If that date is on or after March 15, , then new construction and alterations must comply with the Standards. If that date is on or after September 15, , and before March 15, , then new construction and alterations must comply with either the or the Standards.

The facility housing the "professional office of a health care provider" only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider. A A building housing five or more sales or rental establishments; or.

B A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. The facility housing a "shopping center or shopping mall" only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.

In such a facility, any area housing passenger services, including boarding and debarking, loading and unloading, baggage claim, dining facilities, and other common areas open to the public, must be on an accessible route from an accessible entrance.

For example, in a facility that houses a shopping center or shopping mall, or a professional office of a health care provider, the floors that are above or below an accessible ground floor and that do not house sales or rental establishments or a professional office of a health care provider, must meet the requirements of this section but for the elevator. For the purposes of this part, an alteration is a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof.

Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility. The phrase "to the maximum extent feasible," as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration.

In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities e.

A "primary function" is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out.

Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function. The facility that houses a professional office of a health care provider only includes floor levels housing by at least one health care provider, or any floor level designed or intended for use by at least one health care provider.

For example, alterations to floors above or below the accessible ground floor must be accessible regardless of whether the altered facility has an elevator. Unless specifically stated otherwise, advisory notes, appendix notes, and figures contained in the Standards and Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.

Places of lodging subject to this part shall comply with the provisions of the Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections and of the Standards. Guest rooms with mobility features in places of lodging subject to the transient lodging requirements of Standards shall be provided as follows —.

Residential dwelling units that are designed and constructed for residential use exclusively are not subject to the transient lodging standards. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this part shall comply with the provisions of the Standards applicable to residential facilities, including, but not limited to, the provisions in sections and Housing at a place of education that is subject to this part shall comply with the provisions of the Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections and , subject to the following exceptions.

Assembly areas that are subject to this part shall comply with the provisions of the Standards applicable to assembly areas, including, but not limited to, sections and In addition, assembly areas shall ensure that —. Medical care facilities that are subject to this part shall comply with the provisions of the Standards applicable to medical care facilities, including, but not limited to, sections and They include unique provisions concerning:. This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities.

The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act of ADA.

Advisory In addition to these requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act.

There are issues affecting individuals with disabilities which are not addressed by these requirements, but which are covered by the Department of Justice and the Department of Transportation regulations. This document does not address existing facilities unless altered at the discretion of a covered entity. The Department of Justice has authority over existing facilities that are subject to the requirement for removal of barriers under title III of the ADA.

Any determination that this document applies to existing facilities subject to the barrier removal requirement is solely within the discretion of the Department of Justice and is effective only to the extent required by regulations issued by the Department of Justice.

The technical requirements are based on adult dimensions and anthropometrics. Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.

Advisory Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. With the exception of transit facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation. All dimensions are subject to conventional industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points.

Conventional industry tolerances recognized by this provision include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. Recognized tolerances are not intended to apply to design work. It is good practice when specifying dimensions to avoid specifying a tolerance where dimensions are absolute.

Where the requirement states a specified range, such as in Section Where a requirement is a minimum or a maximum dimension that does not have two specific minimum and maximum end points, tolerances may apply. Specifying dimensions in design in the manner described above will better ensure that facilities and elements accomplish the level of accessibility intended by these requirements.

It will also more often produce an end result of strict and literal compliance with the stated requirements and eliminate enforcement difficulties and issues that might otherwise arise.

Information on specific tolerances may be available from industry or trade organizations, code groups and building officials, and published references. Where the required number of elements or facilities to be provided is determined by calculations of ratios or percentages and remainders or fractions result, the next greater whole number of such elements or facilities shall be provided.

Where the determination of the required size or dimension of an element or facility involves ratios or percentages, rounding down for values less than one half shall be permitted. Unless specifically stated otherwise, figures are provided for informational purposes only. The standards listed in The Director of the Federal Register has approved these standards for incorporation by reference in accordance with 5 U.

The specific edition of the standards listed below are referenced in this document. Where differences occur between this document and the referenced standards, this document applies. Included are provisions intended to reduce the chance of user injury or entrapment.

ASME A The majority of the requirements apply to the operational machinery not seen or used by elevator passengers. This means of communication must connect with emergency or authorized personnel and not an automated answering system. The communication system must be push button activated. The visual indication must remain on until the call is terminated by authorized personnel. The building location, the elevator car number, and the need for assistance must be provided to authorized personnel answering the emergency call.

The use of a handset by the communications system is prohibited. Only the authorized personnel answering the call can terminate the call. Operating instructions for the communications system must be provided in the elevator car.

The provisions for escalators require that at least two flat steps be provided at the entrance and exit of every escalator and that steps on escalators be demarcated by yellow lines 2 inches wide maximum along the back and sides of steps. Lifts are classified as: vertical platform lifts, inclined platform lifts, inclined stairway chairlifts, private residence vertical platform lifts, private residence inclined platform lifts, and private residence inclined stairway chairlifts.

This document does not permit the use of inclined stairway chairlifts which do not provide platforms because such lifts require the user to transfer to a seat. The standard includes additional provisions for runway enclosures, electrical equipment and wiring, structural support, headroom clearance which is 80 inches minimum , lower level access ramps and pits.

The enclosure walls not used for entry or exit are required to have a grab bar the full length of the wall on platform lifts. Access ramps are required to meet requirements similar to those for ramps in Chapter 4 of this document.

The maximum permitted height for operable parts is consistent with Section of this document. The standard also addresses attendant operation. However, Section ASTM F and ASTM F establish a uniform means to measure and compare characteristics of surfacing materials to determine whether materials provide a safe surface under and around playground equipment.

These standards are referenced in the play areas requirements of this document when an accessible surface is required inside a play area use zone where a fall attenuating surface is also required. The standards cover the minimum impact attenuation requirements, when tested in accordance with Test Method F , for surface systems to be used under and around any piece of playground equipment from which a person may fall.

ASTM F establishes a nationally recognized safety standard for public playground equipment to address injuries identified by the U. Consumer Product Safety Commission. It defines the use zone, which is the ground area beneath and immediately adjacent to a play structure or play equipment designed for unrestricted circulation around the equipment and on whose surface it is predicted that a user would land when falling from or exiting a play structure or equipment.

The play areas requirements in this document reference the ASTM F standard when defining accessible routes that overlap use zones requiring fall attenuating surfaces.

If the use zone of a playground is not entirely surfaced with an accessible material, at least one accessible route within the use zone must be provided from the perimeter to all accessible play structures or components within the playground.

ASTM F establishes a uniform means to measure the characteristics of surface systems in order to provide performance specifications to select materials for use as an accessible surface under and around playground equipment. Surface materials that comply with this standard and are located in the use zone must also comply with ASTM F The test methods in this standard address access for children and adults who may traverse the surfacing to aid children who are playing.

International Building Code, Edition see International Building Code, Supplement see International Building Code IBC including Supplement to the International Codes and IBC are referenced for means of egress, areas of refuge, and railings provided on fishing piers and platforms. At least one accessible means of egress is required for every accessible space and at least two accessible means of egress are required where more than one means of egress is required.

The technical criteria for accessible means of egress allow the use of exit stairways and evacuation elevators when provided in conjunction with horizontal exits or areas of refuge. While typical elevators are not designed to be used during an emergency evacuation, evacuation elevators are designed with standby power and other features according to the elevator safety standard and can be used for the evacuation of individuals with disabilities.

The IBC also provides requirements for areas of refuge, which are fire-rated spaces on levels above or below the exit discharge levels where people unable to use stairs can go to register a call for assistance and wait for evacuation. The recreation facilities requirements of this document references two sections in the IBC for fishing piers and platforms. An exception addresses the height of the railings, guards, or handrails where a fishing pier or platform is required to include a guard, railing, or handrail higher than 34 inches mm above the ground or deck surface.

NFPA and NFPA address the application, installation, performance, and maintenance of protective signaling systems and their components. The standard specifies the characteristics of audible alarms, such as placement and sound levels. NFPA 72 specifies characteristics for visible alarms, such as flash frequency, color, intensity, placement, and synchronization. However, Section of this document requires that visual alarm appliances be permanently installed.

UL specifies intensity dispersion requirements for visible alarms. In particular, NFPA 72 requires visible alarms to have a light source that is clear or white and has polar dispersion complying with UL For the purpose of this document, the terms defined in Terms defined in Section Terms not defined in The meaning of terms not specifically defined in Words, terms and phrases used in the singular include the plural and those used in the plural include the singular.

All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements. These requirements are to be applied to all areas of a facility unless exempted, or where scoping limits the number of multiple elements required to be accessible. For example, not all medical care patient rooms are required to be accessible; those that are not required to be accessible are not required to comply with these requirements.

However, common use and public use spaces such as recovery rooms, examination rooms, and cafeterias are not exempt from these requirements and must be accessible. Where a site, building, facility, room, or space contains more than one use, each portion shall comply with the applicable requirements for that use. These requirements shall apply to temporary and permanent buildings and facilities.

Temporary buildings or facilities covered by these requirements include, but are not limited to, reviewing stands, temporary classrooms, bleacher areas, stages, platforms and daises, fixed furniture systems, wall systems, and exhibit areas, temporary banking facilities, and temporary health screening facilities. Structures and equipment directly associated with the actual processes of construction are not required to be accessible as permitted in Additions and alterations to existing buildings or facilities shall comply with Each addition to an existing building or facility shall comply with the requirements for new construction.

Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.

Unless required by In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section of the Rehabilitation Act of , as amended, shall not be required to comply with Although covered entities are permitted to limit the scope of an alteration to individual elements, the alteration of multiple elements within a room or space may provide a cost-effective opportunity to make the entire room or space accessible.

Any elements or spaces of the building or facility that are required to comply with these requirements must be made accessible within the scope of the alteration, to the maximum extent feasible. If providing accessibility in compliance with these requirements for people with one type of disability e.

An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited. An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction.

In addition to the requirements of In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General. An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas.

Also, mixed use facilities may include numerous primary function areas for each use. Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, or restrooms. Alterations to a qualified historic building or facility shall comply with EXCEPTION: Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the exceptions for alterations to qualified historic buildings or facilities for that element shall be permitted to apply.

State Historic Preservation Officers are State appointed officials who carry out certain responsibilities under the National Historic Preservation Act. State Historic Preservation Officers consult with Federal and State agencies, local governments, and private entities on providing access and protecting significant elements of qualified historic buildings and facilities. There are exceptions for alterations to qualified historic buildings and facilities for accessible routes When an entity believes that compliance with the requirements for any of these elements would threaten or destroy the historic significance of the building or facility, the entity should consult with the State Historic Preservation Officer.

If the State Historic Preservation Officer agrees that compliance with the requirements for a specific element would threaten or destroy the historic significance of the building or facility, use of the exception is permitted. Public entities have an additional obligation to achieve program accessibility under the Department of Justice ADA regulations. See 28 CFR These regulations require public entities that operate historic preservation programs to give priority to methods that provide physical access to individuals with disabilities.

If alterations to a qualified historic building or facility to achieve program accessibility would threaten or destroy the historic significance of the building or facility, fundamentally alter the program, or result in undue financial or administrative burdens, the Department of Justice ADA regulations allow alternative methods to be used to achieve program accessibility.

In the case of historic preservation programs, such as an historic house museum, alternative methods include using audio-visual materials to depict portions of the house that cannot otherwise be made accessible. In the case of other qualified historic properties, such as an historic government office building, alternative methods include relocating programs and services to accessible locations. The Department of Justice ADA regulations also allow public entities to use alternative methods when altering qualified historic buildings or facilities in the rare situations where the State Historic Preservation Officer determines that it is not feasible to provide physical access using the exceptions permitted in Section Contact NEA about these and other resources at or www.

Sites, buildings, facilities, and elements are exempt from these requirements to the extent specified by Structures and sites directly associated with the actual processes of construction, including but not limited to, scaffolding, bridging, materials hoists, materials storage, and construction trailers shall not be required to comply with these requirements or to be on an accessible route.

Portable toilet units provided for use exclusively by construction personnel on a construction site shall not be required to comply with or to be on an accessible route. Areas raised primarily for purposes of security, life safety, or fire safety, including but not limited to, observation or lookout galleries, prison guard towers, fire towers, or life guard stands shall not be required to comply with these requirements or to be on an accessible route.

Spaces accessed only by ladders, catwalks, crawl spaces, or very narrow passageways shall not be required to comply with these requirements or to be on an accessible route.

Spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment shall not be required to comply with these requirements or to be on an accessible route.

Machinery spaces include, but are not limited to, elevator pits or elevator penthouses; mechanical, electrical or communications equipment rooms; piping or equipment catwalks; water or sewage treatment pump rooms and stations; electric substations and transformer vaults; and highway and tunnel utility facilities. Single occupant structures accessed only by passageways below grade or elevated above standard curb height, including but not limited to, toll booths that are accessed only by underground tunnels, shall not be required to comply with these requirements or to be on an accessible route.

In detention and correctional facilities, common use areas that are used only by inmates or detainees and security personnel and that do not serve holding cells or housing cells required to comply with , shall not be required to comply with these requirements or to be on an accessible route.

In residential facilities, common use areas that do not serve residential dwelling units required to provide mobility features complying with Spaces and elements within employee work areas shall only be required to comply with Employee work areas, or portions of employee work areas, other than raised courtroom stations, that are less than square feet 28 m2 and elevated 7 inches mm or more above the finish floor or ground where the elevation is essential to the function of the space shall not be required to comply with these requirements or to be on an accessible route.

Although areas used exclusively by employees for work are not required to be fully accessible, consider designing such areas to include non-required turning spaces, and provide accessible elements whenever possible.

Under the ADA, employees with disabilities are entitled to reasonable accommodations in the workplace; accommodations can include alterations to spaces within the facility. Designing employee work areas to be more accessible at the outset will avoid more costly retrofits when current employees become temporarily or permanently disabled, or when new employees with disabilities are hired. Raised structures used solely for refereeing, judging, or scoring a sport shall not be required to comply with these requirements or to be on an accessible route.

Water slides shall not be required to comply with these requirements or to be on an accessible route. Animal containment areas that are not for public use shall not be required to comply with these requirements or to be on an accessible route. Public circulation routes where animals may travel, such as in petting zoos and passageways alongside animal pens in State fairs, are not eligible for the exception. Raised boxing or wrestling rings shall not be required to comply with these requirements or to be on an accessible route.

Raised diving boards and diving platforms shall not be required to comply with these requirements or to be on an accessible route. Protruding objects on circulation paths shall comply with Within areas of sport activity, protruding objects on circulation paths shall not be required to comply with Within play areas, protruding objects on circulation paths shall not be required to comply with provided that ground level accessible routes provide vertical clearance in compliance with Operable parts on accessible elements, accessible routes, and in accessible rooms and spaces shall comply with Operable parts that are intended for use only by service or maintenance personnel shall not be required to comply with Electrical or communication receptacles serving a dedicated use shall not be required to comply with Where two or more outlets are provided in a kitchen above a length of counter top that is uninterrupted by a sink or appliance, one outlet shall not be required to comply with Floor electrical receptacles shall not be required to comply with HVAC diffusers shall not be required to comply with Except for light switches, where redundant controls are provided for a single element, one control in each space shall not be required to comply with Cleats and other boat securement devices shall not be required to comply with Exercise machines and exercise equipment shall not be required to comply with Controls covered by Accessible routes shall be provided in accordance with and shall comply with Chapter 4.

At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve. Where exceptions for alterations to qualified historic buildings or facilities are permitted by An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access.

Each site arrival point must be connected by an accessible route to the accessible building entrance or entrances served. Where two or more similar site arrival points, such as bus stops, serve the same accessible entrance or entrances, both bus stops must be on accessible routes. In addition, the accessible routes must serve all of the accessible entrances on the site. Access from site arrival points may include vehicular ways. Where a vehicular way, or a portion of a vehicular way, is provided for pedestrian travel, such as within a shopping center or shopping mall parking lot, this exception does not apply.

At least one accessible route shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. EXCEPTION: An accessible route shall not be required between accessible buildings, accessible facilities, accessible elements, and accessible spaces if the only means of access between them is a vehicular way not providing pedestrian access. An accessible route is required to connect to the boundary of each area of sport activity.

Examples of areas of sport activity include: soccer fields, basketball courts, baseball fields, running tracks, skating rinks, and the area surrounding a piece of gymnastic equipment.

While the size of an area of sport activity may vary from sport to sport, each includes only the space needed to play. Where multiple sports fields or courts are provided, an accessible route is required to each field or area of sport activity. At least one accessible route shall connect each story and mezzanine in multi-story buildings and facilities.

In private buildings or facilities that are less than three stories or that have less than square feet m2 per story, an accessible route shall not be required to connect stories provided that the building or facility is not a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot or other station used for specified public transportation, an airport passenger terminal, or another type of facility as determined by the Attorney General.

Where a two story public building or facility has one story with an occupant load of five or fewer persons that does not contain public use space, that story shall not be required to be connected to the story above or below. In detention and correctional facilities, an accessible route shall not be required to connect stories where cells with mobility features required to comply with In residential facilities, an accessible route shall not be required to connect stories where residential dwelling units with mobility features required to comply with Within multi-story transient lodging guest rooms with mobility features required to comply with In air traffic control towers, an accessible route shall not be required to serve the cab and the floor immediately below the cab.

Spaces and elements located on a level not required to be served by an accessible route must fully comply with this document. While a mezzanine may be a change in level, it is not a story. If an accessible route is required to connect stories within a building or facility, the accessible route must serve all mezzanines.

In this example, an accessible route is not required to the second floor provided that all accessible units and all common use areas serving them are on the first floor.

In alterations and additions, where an escalator or stair is provided where none existed previously and major structural modifications are necessary for the installation, an accessible route shall be provided between the levels served by the escalator or stair unless exempted by At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility which are otherwise connected by a circulation path unless exempted by In assembly areas with fixed seating required to comply with , an accessible route shall not be required to serve fixed seating where wheelchair spaces required to be on an accessible route are not provided.

Accessible routes shall not be required to connect mezzanines where buildings or facilities have no more than one story. In addition, accessible routes shall not be required to connect stories or mezzanines where multi-story buildings or facilities are exempted by The exception does not apply to areas that are likely to be used by members of the public who are not employees of the court such as jury areas, attorney areas, or witness stands.

In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor dining areas. In buildings or facilities not required to provide an accessible route between stories, an accessible route shall not be required to a mezzanine dining area where the mezzanine contains less than 25 percent of the total combined area for seating and dining and where the same decor and services are provided in the accessible area.

In alterations, an accessible route shall not be required to existing raised or sunken dining areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities. In sports facilities, tiered dining areas providing seating required to comply with shall be required to have accessible routes serving at least 25 percent of the dining area provided that accessible routes serve seating complying with and each tier is provided with the same services.

Where a circulation path directly connects a performance area to an assembly seating area, an accessible route shall directly connect the assembly seating area with the performance area. An accessible route shall be provided from performance areas to ancillary areas or facilities used by performers unless exempted by An accessible route shall not be required to press boxes in bleachers that have points of entry at only one level provided that the aggregate area of all press boxes is square feet 46 m2 maximum.

An accessible route shall not be required to free-standing press boxes that are elevated above grade 12 feet mm minimum provided that the aggregate area of all press boxes is square feet 46 m2 maximum.

Where a facility contains multiple assembly areas, the aggregate area of the press boxes in each assembly area is to be calculated separately. For example, if a university has a soccer stadium with three press boxes elevated 12 feet mm or more above grade and each press box is square feet 14 m2 , then the aggregate area of the soccer stadium press boxes is less than square feet 46 m2 and Exception 2 applies to the soccer stadium.

If that same university also has a football stadium with two press boxes elevated 12 feet mm or more above grade and one press box is square feet 23 m2 , and the second is square feet 26 m2 , then the aggregate area of the football stadium press boxes is more than square feet 46 m2 and Exception 2 does not apply to the football stadium. Common use circulation paths within employee work areas shall comply with Common use circulation paths located within employee work areas that are less than square feet 93 m2 and defined by permanently installed partitions, counters, casework, or furnishings shall not be required to comply with Common use circulation paths located within employee work areas that are an integral component of work area equipment shall not be required to comply with Common use circulation paths located within exterior employee work areas that are fully exposed to the weather shall not be required to comply with Modular furniture that is not permanently installed is not directly subject to these requirements.

The Department of Justice ADA regulations provide additional guidance regarding the relationship between these requirements and elements that are not part of the built environment. Large pieces of equipment, such as electric turbines or water pumping apparatus, may have stairs and elevated walkways used for overseeing or monitoring purposes which are physically part of the turbine or pump.

Amusement rides required to comply with shall provide accessible routes in accordance with All arrows, except those dividing elements into new supplemental , more and less stringent groups, correspond to proportions or probabilities of elements that fall under one of the conditions. This proportion is not known for facilities or elements.

Accordingly, the actual level of readily achievable is modeled as a specific level in several scenarios. Differences in results between these levels are compared to illustrate the range of potential impacts depending on the actual state of compliance and ability to readily achieve barrier removal.

The product of these probabilities represents the distinct likelihood that such a condition would occur. For example, an element existing before , altered after , subject to a more stringent requirement, and is readily achievable has a probability of occurring equal to: c? These two cost schedules differ with respect to the unit costs necessary to bring an element into compliance.

For example, as stated above, more stringent requirements that are readily achievable would incur alterations costs under a SH scenario; the costs would be barrier removal if SH was not adopted. The Standards are the primary baseline for this assessment because they are the only uniform set of accessibility standards that apply to every place of public accommodation, commercial facility and State or local government facility in the country.

Because the model codes are voluntary, public entities often modify or carve out particular standards when adopting them into their laws. Across 90, towns, cities and counties, the result is a patchwork of different accessibility requirements providing varying levels of access. By contrast, because the ADA is a mandatory Federal law, it applies the same standards to every facility in the country, ensuring a uniform level of accessibility nationwide.

Although the Standards serve as the primary baseline for this final regulatory assessment, the analysis nonetheless recognizes the influence of State and local law on the accessibility requirements that would apply to facilities even if the Department were to elect not to adopt the Final Rules. A version of the IBC has been adopted, in whole or in part, at the state or local level in all 50 states and the District of Columbia.

As the Board observed, however, some jurisdictions that adopt the IBC either amend it or adopt separate accessibility codes. It is also not necessarily self-evident from IBC adoption whether a particular State or local jurisdiction also adopted the supplemental accessibility provisions provided in Appendix E, which must be affirmatively adopted to be effective. Therefore, the mere fact that a State or local government has adopted a version of the IBC or ANSI model code does not necessarily mean absent additional research that all facilities in that jurisdiction are legally subject to its every chapter, appendix, or provision therein.

The Department had considered following a state-by-state approach in which the relevant baseline for newly constructed and altered facilities would be locality dependent. This assumption is necessary because these are the sources of many of the accessibility standards that apply under the IBC. While this approach does not break the results of the assessment down state-by-state, it does permit facilities in each State to see how the impact of the Final Rules varies depending on which version of the IBC the State or local authority has adopted or might adopt in the future.

While time-consuming, it is possible through research to determine with relative certainty the extent to which state or local jurisdictions have adopted particular IBC or ANSI provisions. Census Bureau residing in that jurisdiction. Baselines are applied in the model on a per-requirement basis.

As such, even within an alternate IBC baseline scenario, where the current requirement in the Standards is more stringent than the IBC provision, the current requirement trumps the IBC provision and continues to serve as the relevant baseline with respect to that requirement. The reasoning behind this methodology is that the Standards are Federal law, and under the Supremacy Clause of the U. Constitution, where a Federal standard conflicts with a State or local standard, the Federal standard prevails.

Therefore, in each of the four alternate baseline scenarios, with respect to each new or revised requirement, the IBC provision is only used as the baseline where it is more stringent than the current requirement in the ADA Standards. Several dimensions of uncertainty in how the Final Rules apply to actual facilities are captured as independent scenarios. These varying dimensions are shown in Chapter 6.

Federal Register, Vol. The Board had conducted an initial, but not a final, regulatory assessment for its supplemental guidelines for State and local government facilities issued in Other examples of revisions identified by the Board that represent no change from the Standards include newly specified exceptions for shower and sauna doors in hotel guest rooms sections However, because facility data is only available on an annual basis, this effective date has been assumed to be January 1, Although the proposed Title III rules will permit entities that had complied with the current requirement to voluntarily retrofit elements to satisfy applicable requirements in the Final Rules should they wish to do so, whether or not to do so is entirely within the discretion of the entity.

See App. Classification of elements is as follows: The first division classifies elements as being in facilities designed and constructed for first occupancy before or after The number of existing buildings constructed before is represented as the proportion c.

The third classification further sub-divides elements in unaltered facilities constructed before into whether barrier removal for these elements was or was not readily achievable. It is assumed that if barrier removal was readily achievable, then it already has been undertaken. This sub-classification applies to unaltered elements because, if they had been altered, they are assumed to already comply with the Standards. If barrier removal was not readily achievable, the element is assumed to not comply with the Standards.

The proportion of unaltered elements for which it is assumed that barrier removal will be readily achievable under the Final Rules is represented by a.



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