2019 California Standards for Accessible Design Guide (effective January 1, 2020 with July 1, 2021 amendments)
Upcoming Revisions to the ADA Standards
Although these topics are out of the scope of this Guide, the following additions and updates to the ADA standards are worth watching for. More information on each of these can be found on the Access Board’s website and on Corada.
1. Public Rights-of-Way
“Sidewalks, street crossings, and other elements in the public right-of-way can pose challenges to accessibility. The Board’s ADA and ABA Accessibility Guidelines focus mainly on facilities on sites. While they address certain features common to public sidewalks, such as curb ramps, further guidance is necessary to address conditions and constraints unique to public rights-of-way.
The Board is developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. The Board’s aim in developing these guidelines is to ensure that access for persons with disabilities is provided wherever a pedestrian way is newly built or altered, and that the same degree of convenience, connection, and safety afforded the public generally is available to pedestrians with disabilities. Once these guidelines are adopted by the Department of Justice, they will become enforceable standards under title II of the ADA.”
Until they are adopted, an excellent publication, Designing Sidewalks and Trails for Access Part II of II: Best Practices Design Guide, has been published by the Board and the Federal Highway Administration and can be downloaded for free at http://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalk2/index.cfm.
2. Shared Use Paths
From the Board’s website:
“Shared use paths provide a means of off-road transportation and recreation for various users, including pedestrians, bicyclists, skaters, and others, including people with disabilities. In its rulemaking on public rights-of-way and on trails and other outdoor developed areas, comments from the public urged the Board to address access to shared use paths since they are distinct from sidewalks and trails. Shared use paths, unlike most sidewalks, are physically separated from streets by an open space or barrier. They also differ from trails because they are designed not just for recreation purposes but for transportation as well.
In response, the Board is supplementing its rulemaking on public rights-of-way to also cover shared use paths. The proposed rights-of-way guidelines, which address access to sidewalks, streets, and other pedestrian facilities, provide requirements for pedestrian access routes, including specifications for route width, grade, cross slope, surfaces, and other features. The Board proposes to apply these and other relevant requirements to shared use paths as well. This supplementary rulemaking also would add provisions tailored to shared use paths into the rights-of-way guidelines.”
In February 2013, the Board released for public comment proposed requirements for accessible shared use paths used by pedestrians, bicyclists, and others for transportation or recreation. More information can be found on the Access Board’s website at http://www.Access-Board.gov/Guidelines-and-Standards/Streets-Sidewalks.
3. Emergency Transportable Housing
From the Board’s website:
“The Board has issued guidelines for temporary housing provided by the government in emergencies and natural disasters. Emergency transportable housing units, which are designed and manufactured for transport over roadways, have a smaller footprint than other types of housing and pose unique accessibility challenges. Access to such housing was found to be problematic in the aftermath of hurricanes Katrina and Rita in 2005. The new guidelines supplement the Board's ADA and ABA Accessibility Guidelines by adding provisions and exceptions that specifically address emergency transportable housing. The Board developed these guidelines according to recommendations from an advisory panel it organized, the Emergency Transportable Housing Advisory Committee, which included representation from disability groups, industry and code groups, and government agencies. Once these guidelines are adopted into the ABA Standards by the Department of Housing and Urban Development and into the ADA Standards by the Department of Justice, they will be enforceable standards.”
More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/emergency-transportable-housing.
4. Passenger Vessels
In June of 2013, the Board released for public comment proposed guidelines for access to ferries, cruise ships, excursion boats, and other passenger vessels under the ADA. That comment period was extended to January 24, 2014. Once finalized, these guidelines will supplement the Board’s ADA Accessibility Guidelines for Transportation Vehicles. The Department of Justice and the Department of Transportation will use the guidelines to set mandatory standards. More information can be found on the Access Board’s website at http://www.Access-Board.gov/Guidelines-and-Standards/Transportation.
5. Medical Diagnostic Equipment
On January 9, 2017, new accessibility standards were published in the Federal Register for medical diagnostic equipment. From the Board’s website:
“The Board has issued accessibility standards for medical diagnostic equipment under section 510 of the Rehabilitation Act. These standards provide design criteria for examination tables and chairs, including those used for dental or optical exams and procedures, weight scales, radiological equipment, mammography equipment and other equipment used for diagnostic purposes by health professionals. The standards address equipment that requires transfer from wheelchairs and other mobility aids and include requirements for transfer surfaces, support rails, armrests, compatibility with lift devices, and other features. Equipment that accommodates mobility devices without transfer is also covered.
As issued by the Board, the standards are not mandatory on health care providers or equipment manufacturers. The U.S. Department of Justice may adopt them as mandatory requirements under the Americans with Disabilities Act. Other federal agencies may implement them as well under the Rehabilitation Act which requires access to federally funded programs and services.”
For the most up-to-date information regarding effective date, visit the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/health-care/about-this-rulemaking.
6. Classroom Acoustics
The Board is undertaking rulemaking to address acoustics in classrooms by referencing a voluntary consensus standard developed by the Acoustical Society of America (ASA) with support from the Board. Accredited by the American National Standards Institute (ANSI), the “ANSI/ASA S12.60-2010 American National Standard Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools (Parts 1 and 2)” set specific criteria for maximum background noise and reverberation time in classrooms. Consistent with long-standing recommendations for good practice in educational settings, the standard set specific criteria for maximum background noise (35 decibels) and reverberation time (0.6 to 0.7 seconds) for unoccupied classrooms. Once these guidelines are adopted by the Department of Justice, they will become enforceable standards under the ADA. More information may be found on the Access Board’s website at http://www.Access-Board.gov/Guidelines-and-Standards/Buildings-and-Sites.
7. Information and Communication Technology (ICT) Standards and Guidelines
From the Board’s website:
“On January 18, 2017, the Access Board published a final rule that jointly updates requirements for information and communication technology covered by Section 508 of the Rehabilitation Act and Section 255 of the Communication Act. The Section 508 Standards apply to electronic and information technology procured by the federal government, including computer hardware and software, websites, multimedia such as video, phone systems, and copiers. The Section 255 Guidelines address access to telecommunications products and services, and apply to manufacturers of telecommunication equipment.
The final rule jointly updates and reorganizes the Section 508 standards and Section 255 guidelines in response to market trends and innovations, such as the convergence of technologies. The refresh also harmonizes these requirements with other guidelines and standards both in the U.S. and abroad, including standards issued by the European Commission and with the Web Content Accessibility Guidelines (WCAG), a globally recognized voluntary consensus standard for web content and ICT.
On January 22, 2018, the Board corrected the final rule to restore provisions for TTY access that were inadvertently omitted.”
For more information on communications topics and up-to-date information on the effective dates, visit the Board’s web site at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule
Although these standards and guidelines do not apply directly under the ADA, when followed, they provide strong evidence that private and public entities are meeting applicable portions of their effective communication requirements under the ADA.
8. Transportation Vehicles
On December 14, 2016, the ADA Accessibility Guidelines for Buses and Vans was published in the Federal Register. The final rule became effective on January 13, 2017. From the Board’s website:
“Under the ADA, the Department of Transportation (DOT) issues and enforces accessibility standards for transportation vehicles that are based on the Board’s ADA Accessibility Guidelines (ADAAG) for Transportation Vehicles. These requirements apply to new or remanufactured vehicles covered by the ADA, including:
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buses and vans
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rail cars (rapid, light, commuter, intercity, high-speed, and monorail)
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automated guideway vehicles
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trams and similar vehicles
DOT’s current vehicle standards are consistent with the Board’s ADAAG as first published in 1991 and supplemented in 1998 for over-the-road buses. The Board is in the process of updating the vehicle guidelines and has finalized updates to sections of guidelines covering buses and vans.
Regulations issued by DOT under the ADA apply these requirements and indicate which vehicles are required to comply. DOT’s ADA regulations also address transportation service and facilities.”
More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/transportation/vehicles/about-adaag-for-transportation-vehicles
9. Outdoor Developed Areas
From the Board’s website:
“Achieving accessibility in outdoor environments has long been a source of inquiry due to challenges and constraints posed by terrain, the degree of development, construction practices and materials, and other factors.
The Board has issued requirements that are now part of the Architectural Barriers Act (ABA) Accessibility Standards and apply to national parks and other outdoor areas developed by the federal government. They do not apply to outdoor areas developed with federal grants or loans. A guide that explains these requirements also is available.
The new provisions address access to trails, picnic and camping areas, viewing areas, beach access routes and other components of outdoor developed areas on federal sites when newly built or altered. They also provide exceptions for situations where terrain and other factors make compliance impracticable. The new requirements are located in sections F201.4, F216.3, F244 to F248, and 1011 to 1019 of the ABA Standards.
The Board intends to develop guidelines for non-federal outdoor sites covered by the Americans with Disabilities Act (ADA) and areas developed with federal grants and loans covered by the ABA through a subsequent rulemaking.”
Until the final ADA guidelines are published, following these guidelines should provide strong evidence that public entities are meeting their program access requirements under the ADA.
More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor-developed-areas
10. Prescription Drug Container Labels
From the Board’s website:
“The Board has led the development of advisory guidance on making prescription drug container labels accessible to people who are blind or visually impaired or who are elderly. This initiative was authorized by the “Food and Drug Administration Safety and Innovation Act" which President Obama signed into law in July 2012. A provision of the act (section 904) directs the Board to convene a working group to develop best practices for making information on prescription drug container labels accessible to people who are blind or visually impaired.
Shortly after the law was enacted, the Board formed the Working Group on Accessible Prescription Drug Container Labels, an 18-member stakeholder panel comprised of representatives from advocacy organizations and industry. The working group explored various access alternatives, including braille, large print labels, and auditory technologies such as “talking bottles” and radio frequency identification tags. In July 2013, it submitted to the Board its best practice recommendations for pharmacies on providing independent access to prescription drug container labels. These recommendations are advisory only, not mandatory, and will not have the force of guidelines or standards.
The law directed the National Council on Disability (NCD) to conduct an informational and educational campaign in cooperation with the stakeholder working group to inform the public, including people with disabilities and pharmacists, of the best practices. In June 2016, NCD issued a brochure on the best practices recommended by the Board's working group. The law also called upon the Comptroller General to conduct a review to assess the extent to which pharmacies are implementing the best practices and to determine whether barriers to prescription drug labels remain; the report was completed in December 2016.
Several national pharmacy chains now offer talking prescription information for blind customers: CVS (including its mail service company Caremark), Walmart, Walgreens, Rite Aid, and Express Scripts Pharmacy.
On March 18, 2014, CVS announced that it is providing ScripTalk talking prescription labels to customers with visual impairments ordering through cvs.com. The CVS initiative will ensure that cvs.com customers who are blind can access the critical health and safety information provided in a standard print prescription label. The Access Board Working Group’s Final Report Regarding Best Practices for Making Prescription Drug Container Label Information Accessible to Persons who are Blind or Visually-Impaired is referenced in section 3.2 and 3.5 of the agreement that led to the announcement. The agreement and announcement is the result of Structured Negotiations between CVS and the American Council of the Blind, the California Council of the Blind and the American Foundation for the Blind.”
More information can be found on the Access Board’s website at https://www.access-board.gov/guidelines-and-standards/health-care/about-prescription-drug-container-labels
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