28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)

The Revised Guidelines (2004 ADAAG)

Part I of the 2004 ADAAG provides so-called "scoping" requirements for facilities subject to the ADA; "scoping" is a term used in the 2004 ADAAG to describe requirements (set out in Parts I and II) that prescribe what elements and spaces--and, in some cases, how many of them--must comply with the technical specifications. Part II provides scoping requirements for facilities subject to the ABA (i.e., facilities designed, built, altered, or leased with federal funds).  Part III provides uniform technical specifications for facilities subject to either statute. This revised format is designed to eliminate unintended conflicts between the two federal accessibility standards and to minimize conflicts between the federal regulations and the model codes that form the basis of many state and local building codes.

The revised 2004 ADAAG is the culmination of a ten-year effort to improve ADA compliance and enforcement.  In 1994, the Access Board began the process of updating the original ADAAG by establishing an advisory committee composed of members of the design and construction industry, the building code community, state and local government entities, and individuals with disabilities.  In 1999, based largely on the report and recommendations of the advisory committee,[1] the Access Board issued a proposed rule to jointly update and revise its ADA and ABA accessibility guidelines.  64 FR 62248 (Nov. 16, 1999).  In response to its rule, the Access Board received more than 2,500 comments from individuals with disabilities, affected industries, state and local governments, and others. The Access Board provided further opportunity for participation by holding public hearings throughout the nation.  The Access Board worked vigorously from the beginning to harmonize the ADA and ABA Accessibility Guidelines with industry standards and model codes that form the basis for many state and local building codes.  The Access Board released an interim draft of its guidelines to the public on April 2, 2002, 67 FR 15509, in order to provide an opportunity for entities with model codes to consider amendments that would promote further harmonization.  By the date of its final publication on July 23, 2004, 69 FR 44084, the 2004 ADAAG had been the subject of extraordinary public participation and review.

In addition, the Access Board amended the ADAAG four times since 1998.  In 1998, it added specific guidelines on state and local government facilities, 63 FR 2000 (Jan. 13, 1998), and building elements designed for use by children, 63 FR 2060 (Jan. 13, 1998).  Subsequently, the Access Board added specific guidelines on play areas, 65 FR 62498 (Oct. 18, 2000), and on recreation facilities, 67 FR 56352 (Sept. 3, 2002).

These amendments to the ADAAG have not previously been adopted by the Department as ADA Standards. Through this NPRM, the Department is announcing its intention to publish a proposed rule that will adopt revised ADA Standards consistent with the 2004 ADAAG, including all of the amendments to the ADAAG since 1998.