Guide to the ADA Standards

Common Questions

How are the ADA standards developed?

The ADA charges the Access Board with the responsibility of developing guidelines for accessible design that are intended to serve as the basis for mandatory and enforceable ADA Standards adopted by DOJ and DOT. The ADA Standards and the Board’s guidelines are developed and adopted using the procedures that apply to the federal rulemaking process. Under this process, agencies publish proposed language in the Federal Register, and then provide the public with the opportunity to provide input during a specified comment period. Often, agencies also hold public hearings during the comment period. Prior to publication of the final rule, agencies must review the public comments they have received. They also must assess the costs and benefits of the new guidelines or standards on the public, including their impact on small businesses. The same process must be followed for changes and updates to the guidelines and standards.

Do the ADA Standards override state or local requirements?

No, both the ADA Standards and all applicable state and local requirements must be satisfied. Where there is a difference, the standard that provides greater accessibility must be followed.

If a state or local authority interprets an accessibility requirement differently than how a comparable requirement in the ADA Standards is interpreted under the ADA (or waives that requirement completely), does this have any bearing on ADA compliance?

No. While state or local authorities may interpret or waive their own state or local accessibility codes as they see fit, those decisions have no effect on the obligation to comply with requirements of the applicable ADA Standards. Covered entities are still required to design, construct or alter their facilities in compliance with the ADA Standards even where comparable requirements in a state or local code are interpreted or applied differently or are waived altogether by the appropriate state or local official.

Is there an official review and approval process under the ADA for alternatives pursued as an “equivalent facilitation”?

There is an official review and approval process under the ADA only for transportation facilities (and vehicles) subject to DOT’s ADA regulations, which establish a process for determining whether a specific departure from the specific technical and scoping requirements provides equal or greater accessibility.

DOJ does not have a mechanism to certify any specific variation from its 2010 Standards as being “equivalent.” Proposed alternative designs, when supported by available data, are not prohibited; but in any ADA title II or title III investigation, compliance review, or lawsuit, the covered entity would bear the burden of proving that any alternative design provides equal or greater access.

Can later editions of the industry standards or building codes referenced by the ADA Standards be used?

The specific editions of the industry standards referenced by the ADA Standards are to be followed until DOJ or DOT revises its ADA Standards to reference later editions. Compliance with a later edition of a referenced standard or building code not currently referenced by the ADA Standards may be possible under the provision for “equivalent facilitation” if it is comparable to, or provides greater access than, the referenced editions.