2010 ADA Standards for Accessible Design Pocket Guide

How to Use This PDF Pocket Guide

The 2010 ADA Standards for Accessible Design are based on the Access Board’s July 23, 2004, ADA/ABA Accessibility Guidelines as amended by the Board on August 5, 2005 then adopted by the Department of Justice on July 26 / September 15, 2010 and subsequently updated as described below. This new Standard replaces the 1991 ADA Standards.

This Pocket Guide includes selected sections from the revised Title II and Title III regulations that are applicable to new construction and alterations that we at ETA believe are typically under the control or responsibility of a design professional, contractor, or facility manager. These selected sections are incorporated throughout this Pocket Guide and are highlighted in gray. Some definitions from Title II and Title III regulations have been included in this Pocket Guide and are double underlined wherever they appear. There are a few places where the requirements between the standards and the regulations differ. In these cases, the regulations prevail.

Hyperlinks are used throughout this publication to assist the reader in several ways. Internal hyperlinks point to other sections of the Pocket Guide or Safe Harbor references where applicable and are indicated by dark blue font. External hyperlinks point to more information to expand on particular sections and subjects, as well as other websites; these links are indicated by light blue font. The most frequent type of external hyperlink is indicated within brackets. These links point to www.Corada.com, the Comprehensive Online Resource for the ADA developed by Evan Terry Associates.  Each Corada “more info…” link offers significantly expanded information and resources relevant to the particular section you are reading. Please note that you will need Wi-Fi connectivity or a data plan and a compatible PDF reader to access external links from your mobile device.  We’ve had excellent success using Adobe’s Acrobat, Readers, and their DC app. Also, ezPDF Reader from the Apple App Store works well on iOS devices. We have found that most Kindle readers don’t allow live hyperlinks to function properly. We expect that some other PDF readers will also have difficulty with hyperlinks and we are testing now to determine which ones work best.  For up-to-date information on PDF reader software compatibility under various operating systems, you can go to www.ETAPocketGuides.com.

We have added over 225 references in this Pocket Guide to requirements that are potentially modified by the safe harbor provisions in the 2010 regulations that can be found at 35.150(b)(2), 35.151(b)(4)(ii)(C), 36.304(d)(2)(i) & (iii), the Appendix to 36.304(d)(2) [p. 15 Table], and 36.403(a)(2). These references are shown in bold italics within brackets (e.g. [S.H. 4.1.6(1)(i) ] ) at the end of the referenced section referring the reader to the comparable section of the 1991 ADA Standards. Each of these safe harbor references is hyperlinked to the referenced section from the 1991 Standards. This is NOT a comprehensive listing of the safe harbor sections that might apply to any existing element and the sections listed will not always apply to every existing element covered by the 2010 ADA safe harbor sections. Where a scoping requirement is the same as the 1991 ADA Standards and it “points to” a technical section that includes safe harbor references, we have not included those technical safe harbor references at the scoping section. We have applied the same approach to technical requirement sections that “point to” other technical requirements. Also, in the new sections of the 2010 ADA Standards (e.g., Chapter 10 Recreation Facilities, 807 Holding Cells and Housing Cells, 808 Courtrooms, and 809 Residential Dwelling Units), the safe harbors may apply when requirements in those sections “point to” another reference that has a safe harbor.  For your reference, the 1991 ADA Standards can be found in their entirety in the back of this PDF book.  The bottom of each page of the 1991 Standards includes the phrase “1991 ADA Standards: for Safe Harbor Reference”  to minimize the chance of mistaking these for the current Standards. As there are currently still some uncertainties about how to interpret and apply the safe harbor provisions, we have a dedicated website at www.ADASafeHarbor.com to provide additional information on the topic. You may also register online at www.ETAPocketGuides.com to be notified when you can purchase updated versions of this pdf book or a printed version of this Pocket Guide at a discount that will include additional clarifications of the safe harbor provisions as they become available.

It is important to note that, per Section 36.406(b) and 35.151(d), Scope of coverage, the 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, advisory notes, appendix notes, and figures contained in the 1991 Standards and 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.

Subpart F of the Title III regulations covers certification of equivalency for state standards. This section explains that equivalency granted to state codes under the 1991 ADA Standards is no longer in effect.

As with the current ADA regulations, design professionals are responsible for knowing the requirements of every section of the regulations that affect their projects. We have not attempted to include the sections from the regulations that cover employment, program access, readily achievable barrier removal, policies, procedures, contracts, communications, or operational requirements in this Pocket Guide.

The Basis for This Pocket Guide

This publication has been compiled from the 2010 ADA Standards for Accessible Design and from selected sections of the ADA Title II and Title III Regulations as published on the Department of Justice (DOJ) website at www.ADA.gov.  

35.151(c) (for Public Entity Facilities)

(c) Accessibility standards and compliance date.

(1) If physical construction or alterations commence after July 26, 1992, but prior to September 15, 2010, then new construction and alterations subject to this section must comply with either the UFAS or the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.

(2) If physical construction or alterations commence on or after September 15, 2010, and before March 15, 2012, then new construction and alterations subject to this section may comply with one of the following: the 2010 Standards, UFAS, or the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.

(3) If physical construction or alterations commence on or after March 15, 2012, then new construction and alterations subject to this section shall comply with the 2010 Standards.

(4) For the purposes of this section, ceremonial groundbreaking or razing of structures prior to site preparation do not commence physical construction or alterations.

(5) Noncomplying new construction and alterations.

(i) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012, and that do not comply with the 1991 Standards or with UFAS shall before March 15, 2012, be made accessible in accordance with either the 1991 Standards, UFAS, or the 2010 Standards.

(ii) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards or with UFAS shall, on or after March 15, 2012, be made accessible in accordance with the 2010 Standards.  [more info…]

36.406(a) (for Public Accommodations and Commercial Facilities)

(a) Accessibility standards and compliance date.

(1) New construction and alterations subject to §§ 36.401 or 36.402 shall comply with the 1991 Standards if the date when the last application for a building permit or permit extension is certified to be complete by a State, county, or local government (or, in those jurisdictions where the government does not certify completion of applications, if the date when the last application for a building permit or permit extension is received by the State, county, or local government) is before September 15, 2010, or if no permit is required, if the start of physical construction or alterations occurs before September 15, 2010.

(2) New construction and alterations subject to §§ 36.401 or 36.402 shall comply either with the 1991 Standards or with the 2010 Standards if the date when the last application for a building permit or permit extension is certified to be complete by a State, county, or local government (or, in those jurisdictions where the government does not certify completion of applications, if the date when the last application for a building permit or permit extension is received by the State, county, or local government) is on or after September 15, 2010, and before March 15, 2012, or if no permit is required, if the start of physical construction or alterations occurs on or after September 15, 2010, and before March 15, 2012.

(3) New construction and alterations subject to §§ 36.401 or 36.402 shall comply with the 2010 Standards if the date when the last application for a building permit or permit extension is certified to be complete by a State, county, or local government (or, in those jurisdictions where the government does not certify completion of applications, if the date when the last application for a building permit or permit extension is received by the State, county, or local government) is on or after March 15, 2012, or if no permit is required, if the start of physical construction or alterations occurs on or after March 15, 2012.

(4) For the purposes of this section, "start of physical construction or alterations" does not mean ceremonial groundbreaking or razing of structures prior to site preparation.

(5) Noncomplying new construction and alterations.

(i) Newly constructed or altered facilities or elements covered by §§ 36.401 or 36.402 that were constructed or altered before March 15, 2012, and that do not comply with the 1991 Standards shall, before March 15, 2012, be made accessible in accordance with either the 1991 Standards or the 2010 Standards.

(ii) Newly constructed or altered facilities or elements covered by §§ 36.401 or 36.402 that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards shall, on or after March 15, 2012, be made accessible in accordance with the 2010 Standards.  [more info…]

On May 18, 2012, DOJ announced that the compliance date to meet the 2010 ADA Standards for entry into existing swimming pools & spas had been extended to January 31, 2013.

The Department of Transportation adopted by reference the revised ADA guidelines as regulatory standards effective November 29, 2006, and added or modified four sections. These sections are included in this pocket guide within ETA Editor’s Notes in double-lined boxes.

Comparison of the 2010 ADA Standards to the 1991 ADA Standards

Evan Terry Associates has developed a detailed (line-by-line) reverse sortable analysis to show how the 2010 ADA Standards compare to the 1991 ADA Standards. It is available at www.ADAStandardsComparison.com as a free download for all interested parties in MS Excel spreadsheet format. The Access Board has less detailed comparisons of its 2004 Guidelines with the 2010 ADA Standards and with the IBC 2003 and 2006 Standards and the NFPA 5000 Standard at www.Access-Board.gov/IBC-Comparison.

Updates and Other Pocket Guides

Evan Terry Associates will continue to revise and update this Pocket Guide as new technical assistance is released and interpretations are provided by federal agencies.

We are currently finishing additional Pocket Guide versions covering selected state access standards.  You may visit our website at www.ETAPocketGuides.com where additional information is available about these publications.

If you would like to be notified when new Pocket Guides become available, when changes are made to this Pocket Guide or when new Standards are adopted by DOJ and other federal agencies as ADA, ABA, and/or Rehab Act design standards, you can register to receive email notices of those occurrences by visiting us at www.AccessUpdates.com, emailing us at ETA@EvanTerry.com, or contacting us at (205) 972-9101 (voice), (205) 972-9112 (TTY) or (205) 972-9110 (fax).

For additional current information on ADA and other access compliance requirements, please visit our website at www.Corada.com.

For ADA survey and compliance tools that will simplify your field measurement process and plan reviews, the Corada Shop has a growing collection of templates and tools that you can download for free or buy on plastic stock.