36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

201 Application

This section provides that these guidelines apply to the design, construction, or alteration of covered facilities. The requirements apply to both permanent and temporary structures. No substantive changes have been made to this section.

Comment. In the proposed rule, the term "fixed" had been removed as a modifier of certain elements covered by the guidelines, such as tables and storage. This was removed, along with references to elements that are "built-in." Some comments argued that this change could be interpreted as broadening the scope of the guidelines to cover elements that are not fixed or built-in.

Response. References to "fixed" and "built-in" were removed for editorial purposes of clarity and consistency. While the scope of the guidelines does not extend to elements that are not fixed or built-in, the Board believes that such clarification can be appropriately addressed in the regulations that implement the enforceable standards based on the Board’s guidelines.