Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities

2.5 Physical Accessibility.

The design and construction of new buildings and the alterations and the necessary structural modifications to existing buildings must comply with accessibility standards under Title II and Section 504.

2.5.1 Design Standards.
Airports may only use the 2010 ADA Standards for Accessible Design (2010 Standards) when constructing a new building or altering/renovating an existing building. In the past, airports were allowed to use the Uniform Federal Accessibility Standards (UFAS) or the 1991 ADA Standards for Accessible Design (1991 Standards).

2.5.2 Structural Changes.
All airports under Section 504 were required to submit a transition plan to the FAA for approval "where extensive structural changes" were necessary. Chapter 4 provides additional information on transition plans.

2.5.3 Title II Regulations.
Airports subject to Title II regulations that employ 50 or more persons and need any structural modifications were to develop transition plans by July 26, 1992. The plan had specific requirements. The airport was required to provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the plan. If an airport already had developed a transition plan under Section 504, it needed only to review the policies and practices not included in the previous transition plan. (28 CFR § 35.150(d)(4)).

2.5.4 Accessibility Standards.
DOJ published its revised final regulations implementing the ADA for Title II (state and local government services) and Title III (public accommodations and commercial facilities) on September 15, 2010. The revised regulations have updated the general nondiscrimination provisions implementing the ADA. (www.ada.gov/).

2.5.4.1 The ADA Standards for Accessible Design (Standards), applicable to airport facilities, is the standard for accessibility that applies to airports. (49 CFR § 27.71 (e)). The applicability of the Standards is based on the construction date of the specific structure. If the structure was built and not renovated or altered before the 1991 Standards were in effect, then the entity will not be required to meet the 1991 Standards. Under the 1991 Standards, airports are expected to meet requirements under Section 10.4, but for new construction and alterations, airports must follow 2010 standards. However, if the facility was built, altered or renovated after the 1991 Standards came into effect, requirements under the 1991 Standards had to be met. With the establishment of the ADA Standards for Acceptable Design, airports need to address requirements under these Standards when a facility is newly constructed, altered, or renovated after March 15, 2012. These Standards apply to facilities in the private sector (places of public accommodation and commercial facilities) and to state and local government facilities, such as the airports, operated by such entities.

2.5.4.2 UFAS.
UFAS Standards are found in 41 CFR part 101-19.6, Appendix A.

2.5.5 Historic Preservation.
The DOJ Title II regulation makes allowances for accessibility to historic properties. (28 CFR §§ 35.150(a)(2), 35.150(b)(2), and 35.151(d)).

2.5.6 Specific Airport Provisions.
Airports must ensure that terminal facilities and services are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. An airport is considered to comply with this obligation if it meets the requirements applying to state and local government programs or activities and facilities under DOT’s Title II rule. (49 CFR § 27.71(b)).

2.5.6.1 Airports must ensure that there is an accessible path between the gate and the area from which aircraft are boarded. (49 CFR § 27.71(c)).

2.5.6.2 Systems of inter-terminal transportation, including, but not limited to, shuttle vehicles and people movers, must comply with applicable requirements of the DOT Section 504 rules. (49 CFR § 27.71(d)).

2.5.6.3 The 1991 Standard, including Section 10.4 concerning airport facilities, is the standard for accessibility that applies to airports. (49 CFR § 27.71(e)). For any new construction or alteration, airports must use the 2010 Standards. (28 CFR § 35.151(c)).

2.5.6.4 Contracts or leases between carriers and airports concerning the use of airport facilities must set forth the respective responsibilities of the parties for the provision of accessible facilities and services to individuals with disabilities as required by 49 CFR § 27.71(f)) and provisions of 14 CFR part 382, as amended, implementing the ACAA.

2.5.6.5 28 CFR § 35.136 defines Service Animals and requires public entities to permit the use of a service animal by an individual with a disability. Individuals with disabilities must be permitted to be accompanied by their service animals in all areas of a public entity's facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go. In addition, a public entity must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse that has been individually trained to do work or perform tasks for the benefit of the individual with a disability; and

2.5.6.6 49 CFR Part 27 (h) Airport facilities. Each airport with 10,000 or more annual enplanements shall cooperate with airlines that own, lease, or control terminal facilities at that airport to provide wheelchair accessible animal relief areas for service animals that accompany passengers departing, connecting, or arriving at the airport subject to the following requirements: (1) Airports must consult with one or more service animal training organizations regarding the design, dimensions, materials and maintenance of service animal relief areas; (2) Airports must establish at least one relief area in each airport terminal; (3) Airports must establish the relief area required by section 27.71 (h)(2) in the sterile area of each airport terminal unless: (i) The Transportation Security Administration prohibits the airport from locating a relief area in the sterile area, or (ii) A service animal training organization, the airport, and the carriers in the terminal in which the relief area will be located agree that a relief area would be better placed outside the terminal’s sterile area. In that event, the airport must retain documentation evidencing the recommendation that the relief area be located outside of the sterile area; and (4) To the extent airports have established service animal relief areas prior to the effective date of this paragraph: (i) Airports that have not consulted with a service animal training organization shall consult with one or more such organizations regarding the sufficiency of all existing service animal relief areas.

2.5.6.6.1 To assist airports in providing SARA and complying with regulations, this AC includes a set of standards that may be used as guidelines/recommendations where compliance with this AC is not mandatory. See 501. b(3) and Appendix A for SARA.