National Endowment for the Arts ADA Tip Sheet

PHYSICAL ACCESS AND BARRIER REMOVAL

The 2010 ADA Standards for Accessible Design (2010 Standards) were published in the Federal Register on September 15, 2010, and will become mandatory after 18 months.

In the period between September 15, 2010, and March 15, 2012:

• Places of public accommodation may choose between compliance with the 1991 ADA Standards or the 2010 Standards.
• State and local governments may choose between compliance with the 1991 ADA Standards, the Uniform Federal Accessibility Standards (UFAS), or the 2010 Standards.

On and after March 15, 2012, the standards mentioned above will be replaced by the 2010 Standards, which become mandatory and enforceable, and must be applied to all new construction, renovations, modifications, alterations, and barrier removal.

Standards Specific to Assembly Areas

Assembly areas include spaces such as classrooms, lecture halls, meeting rooms, movie theaters, auditoriums, theaters, concert halls, performing arts centers, amphitheaters, arenas, and stadiums.

Most of these changes can be found in sections 221 and 802 of the 2010 Standards. The following are some of the relevant standards for arts and cultural organizations:

Dimensions: A single wheelchair space must be 36 inches wide, while two wheelchair spaces adjacent to one another need only be 33 inches wide each.

Path of Travel: Wheelchair spaces must be on an accessible route but may not overlap another wheelchair space or the circulation path.

• Note: This means that access to a wheelchair space cannot be through another wheelchair space, nor can the wheelchair space stick out into the aisle.

Dispersion of Wheelchair Spaces:

• Box Seats: Wheelchair spaces must be provided and located in not fewer than 20% of all boxes.Wheelchair spaces must be dispersed vertically, horizontally, to all levels, and around the performance area, if seating encircles the stage.

• Wheelchair spaces must provide spectators with choices of seating locations and viewing angles that are substantially equivalent to, or better than, seating for other spectators.

• In stadium-style movie theaters, wheelchair spaces must be located within the rear 60% of the seats in the auditorium.

• Wheelchair spaces generally should not be on temporary or movable platforms.

Lawn seating: There must be a wheelchair-accessible path of travel to lawn seating and any exterior overflow seating.

Companion Seats: At least one companion seat (fixed or movable, adjacent, and on the same level) must be provided for each wheelchair space, and be equivalent in size, quality, and comfort to other seats in the area.

Designated Aisle Seats: Designated aisle seats are those seats with folding or retractable armrests. Five percent of all aisle seats must be a designated aisle seat, identified as a designated aisle seat, and located close to accessible routes.

Number of Wheelchair Spaces Required: Use the following table to calculate how many wheelchair spaces must be provided:

New Requirements for Assistive Listening Systems (ALS)

You can find most of these changes in sections 219 and 706 of the 2010 Standards.

Requirements: ALSs are required where audible communication is integral to the use of the space, but are not required where audio amplification is not provided.

Hearing Aid Compatibility: 25% of the receivers must be hearing aid compatible, which means that the ALS receiver must be usable with an induction neckloop that interfaces with the telecoil in an individual’s personal hearing aid or cochlear implant.

Technical Requirements

• Receivers must have a 1/8 inch (3.5 mm) standard monojack.

• ALSs must be capable of providing sound pressure levels of 110 dB minimum and 118 dB maximum with a dynamic volume control range of 50 dB; the signalto-noise ratio for internally generated noise must be 18 dB minimum; and the peak clipping must not exceed 18 dB of clipping relative to the peaks of speech.

Number of Receivers Required: Use the following table to calculate how many receivers must be provided.

FIND IT IN THE REGULATIONS

State and Local Governments: Title II regulations at 28 CFR 35.151 and the 2004 ADAAG at 36 CFR part 1191, appendices B and D

Places of Public Accommodation: Title III regulations at 28 CFR part 36, subpart D; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D

SAFE HARBOR

The 2010 regulations have incorporated an element-by-element “safe harbor” which exempts elements (which can be anything from a door knob to an entire room) that are currently in compliance with the 1991 ADA Standards from compliance or any immediate retrofit obligations under the 2010 Standards until the facility engages in a renovation, modification, alteration, or barrier removal. If an element never complied with the 1991 ADA Standards then there is no safe harbor for that element. Additionally, there is no safe harbor for elements not covered in the 1991 Standards including, but not limited to, swimming pools, amusement rides, play areas, and recreational boating facilities.

FIND IT IN THE REGULATIONS

State and Local Governments: §35.150 (b)(2)(i) safe harbor

Places of Public Accommodation: §36.304 (d)(2)(i) safe harbor

REDUCTION OF ACCESSIBLE ELEMENTS 

In the past, regulations stipulated that once a level of accessibility had been achieved, the entity was required to keep that level of accessibility. However, the revised regulations have added an exception that allows for the reduction of accessible elements in a facility from the number required in the 1991 ADA Standards to those in the 2010 Standards. This exception is limited to physical elements in a facility covered by the 2010 Standards.

FIND IT IN THE REGULATIONS

State and Local Governments: §35.133 (c) maintenance of accessible features

Places of Public Accommodation: §36.211 (c) maintenance of accessible features