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

CHAPTER 5. OVERVIEW OF ARCHITECTURAL BARRIERS ACT

5.1 Architectural Barriers Act (ABA).

The following ABA requirements apply to recipients of federal financial assistance from DOT:

5.1.1 ATBCB Final Rule, 36 CFR part 1190, Minimum Guidelines and Requirements for Accessible Design.

This rule implements section 502(b)(7) of the RA of 1973, which requires the ATBCB to establish minimum guidelines and requirements for standards issued under the ABA of 1968. The four standard-setting agencies (GSA, HUD, USPS, or DOD) establish and enforce standards for design, construction, and alteration of particular types of buildings and facilities. It is possible that more than one of the standard-setting agencies could have jurisdiction under the ABA over a given airport. This AC limits its discussion to the responsibilities of airports receiving federal financial assistance from DOT. These are the only entities over which DOT has jurisdiction under the ABA.Structural accessibility is required for individuals with disabilities in buildings or facilities that are to be constructed or altered by or on behalf of the United States; to be leased in whole or in part by the United States after August 12, 1968; to be financed in whole or in part by a grantor a loan made by the United States after August 12, 1968, if such building or facility is subject to standards for design, construction, or alteration issued under authority of the law authorizing such grant or loan; or to be constructed under authority of the National Capital Transportation Act of 1960, the National Capital Transportation Act of 1965, or Title III of the Washington Metropolitan Area Transit Regulatory Compact.  As a recipient of federal financial assistance, an airport operator is responsible for compliance with the ABA, the UFAS, and any other applicable GSA regulations.  In the event the recipient leases portions of the federally assisted building to other public or private entities, the responsibility would remain with the recipient. The recipient, however, could ensure compliance on the part of the lessees through requirements included in the lease document or other agreement executed.

5.1.2 Exceptions to compliance requirements.

Under UFAS, the following exceptions, waivers, and modifications of standards are available:

5.1.2.1 Exceptions to GSA Standards.

GSA's accessibility standards do not apply to:

5.1.2.1.1 The design, construction, alteration, or lease of any portion of a building which need not, because of its intended use, be made accessible to, or usable by, the public or by people with disabilities;

5.1.2.1.2 The alteration of an existing building if the alteration does not involve the installation of, or work on, existing stairs, doors, elevators, toilets, entrances, drinking fountains, floors, telephone locations, curbs, parking areas, or any other facilities susceptible to installation or improvements to accommodate people with disabilities; 

5.1.2.1.3 The alteration of an existing building, or of portions thereof, to which application of the standards is not structurally possible;

5.1.2.1.4 The construction or alteration of a building for which plans and specifications were completed or substantially completed on or before September 2, 1969; provided, however, that any building constructed under authority of the National Capital Transportation Act of 1960, the National Capital Transportation Act of 1965, or Title III of the Washington Metropolitan Area Transit Regulation Compact must be designed, constructed, or altered in accordance with the UFAS regardless of design status or bid solicitation as of September 2, 1969; and

5.1.2.1.5 The leasing of space when it is found after receiving bids or offers and otherwise legally acceptable that a proposal meets most of the requirements of the UFAS. If no offeror or bidder meets all the requirements, then preference must be given to the offeror or bidder who most nearly meets the UFAS. If the award is proposed for a firm other than the one that most nearly meets the UFAS and whose bid or offer is reasonable in price and is otherwise legally acceptable, a waiver or modification of the standards must be obtained.

5.1.2.2 Waiver or Modification of Standards.

The applicability of the UFAS may be modified or waived on a case-by-case basis upon application to GSA by the head of the department, agency, or instrumentality of the United States concerned only if the Administrator of the General Services determines that such waiver or modification is clearly necessary.

5.1.2.3 Other UFAS Exceptions.

UFAS also contains numerous scoping and technical exceptions.