Title III Technical Assistance Manual (with 1994 supplement)

III-7.1000 General.

III−7.1000 General. The standards to be used in new construction and alterations covered by subpart D of the Department's title III regulation are those found in the Americans with Disabilities Act Accessibility Guidelines published by the Architectural and Transportation Barriers Compliance Board. These guidelines are incorporated as an appendix to the Department's regulations. The substance and form of ADAAG is drawn from several sources, particularly the Uniform Federal Accessibility Standards (UFAS) (the Federal standard for buildings constructed with Federal funds), and the private sector American National Standard Institute's ANSI A117.1 standards.

Does the ADA eliminate the accessibility provisions that State and local code officials now enforce? No. State and local code provisions remain in effect. However, if elements of a State or local code provide a lesser standard of access than the ADA requires, a public accommodation or commercial facility is still required to comply with the applicable ADA provision.

Who enforces ADAAG? The Department of Justice and private parties. ADAAG has been adopted as part of the Department's regulation implementing title III. Title III of the ADA is enforced through compliance reviews, complaint investigations, and litigation initiated by the Department of Justice, and through litigation initiated by private parties (see III-8.0000).

Can local building inspectors certify compliance with the ADA? No. The ADA is not enforced by State or local building inspectors. However, if a State or local accessibility code has been certified by the Department (see III-9.0000), compliance with that certified code will constitute rebuttable evidence of compliance with the ADA in any enforcement proceeding.

Will the Department review building plans for compliance with ADAAG? No. There is no Federal equivalent to the State code enforcement process. Neither the Department of Justice, nor any other Federal agency, functions as a "building department" to review plans, to issue building permits or occupancy certificates, or to provide interpretations of ADAAG during the building process.

How does ADAAG compare to ANSI? ADAAG's technical design standards (e.g. , how many inches wide a doorway must be) resemble the 1986 ANSI A117.1 standards, in large part. Some design standards were adopted from the proposed new version of ANSI as it appeared in draft form when ADAAG was developed. The numbering and format of ADAAG also resemble ANSI. However, there are significant differences between ADAAG and the 1986 ANSI standards.

Perhaps the most important difference is in the new scoping requirements. ADAAG, unlike the 1986 ANSI standards, contains scoping requirements; that is, specifications as to how many, and under what circumstances, accessibility features must be incorporated. These requirements explain when to apply the technical standards.

Other differences reflect congressional intent that the ADA guidelines focus on certain areas not specifically addressed in ANSI, such as dressing rooms, restaurants, automated teller machines, and mercantile establishments. ADAAG also reflects congressional intent that the guidelines place an increased emphasis on communications with individuals with vision or hearing impairments.

Does the new CABO/ANSI A117.1 standard replace ADAAG? No. The ADA requires the Department of Justice to adopt regulations consistent with the guidelines for the design and construction of accessible buildings and facilities published by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board). The Department adopted ADAAG as the enforceable title III standard. The publication of the revised CABO/ANSI standard does not alter the legal obligation of a place of public accommodation or commercial facility to comply with ADAAG as published by the Department.