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.
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EXAMPLE In 2005 a museum renovated restrooms and installed paper towel dispensers at 54 inches from the floor in order to be in compliance with the 1991 ADA Standards. The 2010 Standards require paper towel dispensers to be a maximum of 48 inches from the floor. Are they out of compliance? No. Because the installed dispensers were in compliance with the 1991 ADA Standards, they are in a safe harbor under the new 2010 Standards. The museum will not need to re-install the paper towel dispensers in order to comply with the lower reach range in the 2010 standards until they renovate, alter, or modify the restroom. |
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
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