Guide to the ADA Standards

ADA Regulations

Regulations issued by DOJ and DOT to implement the ADA provide important information and instructions on using the ADA Standards. The regulations define the types of facilities covered, set effective dates, and provide additional detail on certain provisions in the standards. They also address existing facilities and topics beyond building design, including access to programs, services, and communication and provision of auxiliary aids and services.

DOJ’s ADA Regulations

DOJ regulations issued under title II of the ADA apply to programs, activities, and services of state and local governments. DOJ’s title III regulations apply to public accommodations and commercial facilities. Both regulations contain general nondiscrimination provisions and address access to programs and services, effective communication, auxiliary aids and services, and reasonable modifications of policies, practices, and procedures. Under the title II regulation, state and local governments must provide program accessibility in existing facilities, and the under the title III regulation public accommodations must remove architectural barriers in existing facilities where it is “readily achievable.” In addition, both regulations specify the accessibility standards applicable to new construction and alterations, and to the provision of program access or barrier removal.

Title II Regulation for State and Local Governments 
28 CFR Part 35 
Available at http://www.ada.gov/

Title III Regulation for Places of Public Accommodation and Commercial Facilities 
28 CFR Part 36
Available at http://www.ada.gov/

DOT’s ADA Regulations

DOT’s ADA regulations implement the transportation and related provisions of titles II and III of the ADA. They apply to any public entity that provides public transportation or intercity or commuter rail transportation, as well as to any private entity that provides public transportation or that is not primarily engaged in the business of transporting people but operates a demand responsive or fixed route system. They cover both vehicles and facilities and include nondiscrimination requirements associated with the provision of transportation services.

DOT Regulation for Transportation Services 
49 CFR Part 37 
Available at http://www.fta.dot.gov/civilrights/12325.html