Revised ADA Requirements: Effective and Compliance Date

Overview

The effective date of the Department's two revised ADA rules is March 15, 2011. Of course, even before this date, entities covered by titles II and III of the ADA are still subject to the requirements in the Department's 1991 regulations. These new revised rules set out several different "compliance dates," dates by which entities covered by the ADA are required to comply with the new or revised provisions of the Department's rules.

Title II and title III have no effect on any State or local laws that provide protection for individuals with disabilities at a level greater than or equal to that provided by the ADA. Compliance with less stringent state or local laws does not constitute compliance with the ADA.

March 15, 2011, is the effective date for the revised title II and title III regulations which include, in part, requirements for:

• Service animals, ticketing, and use of wheelchairs, manually-powered mobility aids and other power-driven mobility devices;

For example, a sports arena, on or after March 15, 2011, must tell an individual with a disability and his or her companions about the features of accessible seating. If seating maps or brochures are provided to the general public, similar information showing accessible seating must be provided to individuals with disabilities.

• Effective Communication (auxiliary aids and services); and
• Examinations and Courses.

March 15, 2012 is the compliance date for provisions governing hotel reservation policies.

For example, on or after March 15, 2012, reservations staff (of a hotel or a third party) will be required to identify accessible features in guest rooms (e.g. guest room door widths and availability of roll-in showers) and other hotel amenities in sufficient detail so that an individual with a disability can make an independent assessment whether the hotel meets his or her accessibility needs.

March 15, 2012, is also the compliance date for using the 2010 Standards for new construction, alterations, program accessibility, and barrier removal.

Although under certain circumstances, the revised regulations permit the use of the 2010 Standards before the compliance date of March 15, 2012, entities are not required to comply with the 2010 Standards until March 15, 2012.

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design ("2010 Standards").