Slide 1:
Welcome to the AccessibilityOnline Webinar Series
A collaborative program between the ADA National Network and the US Access Board

Slide 2:
DOJ’s 2010 Americans with Disabilities Act (ADA) Accessibility Standards

Slide 3: 
Presenters
Barbara Elkin, U.S. Department of Justice
Marsha Mazz, U.S. Access Board
Dave Yanchulis, U.S. Access Board
Peggy Greenwell, U.S. Access Board

Slide 4:
DOJ’s 2010 ADA Accessibility Standards 
Session Agenda
Implementing Regulations
2010 Accessibility Standards
Review of major changes
Answers to questions 

Slide 5:
DOJ’s Revised ADA Rule (Regulations)
Nondiscrimination policies
New construction and Alterations (2010 Standards)
Additional design requirements 
Application of 2010 Standards to Existing facilities

Slide 6:
DOJ’s ADA Rules 
Title II – State and Local Governments
28 CFR Part 35
Title III – Places of Public Accommodation & Commercial Facilities
28 CFR Part 36

Slide 7:
Effective Date for the 
Revised Title II & III Rules
General Effective Date- March 15, 2011
Sections 35.151 © and 36.406 (a) 
Except:  March 15, 2012 for provisions relating to hotel reservations (Section 36.302 (e))

Slide 8:
Compliance Date for 2010 Standards
March 15, 2010 (18 months from date of publication in the FR)
2010 standards must be followed for new construction, alterations, barrier removal and program access
Immediate use is allowed
Sections 35.151(c)(3) and 36.406 (3)

Slide 9:
Triggering Events for Compliance
Title III - New construction and alterations shall comply with the 2010 Standards when one of three triggers takes place on or after March 15, 2012:
1.	 Date when last application for building permit or permit extension is certified to be completed by State, county or local gov’t., 

Slide 10:
Trigger Events for Compliance – Title III (continued)
2.	 If local govt. does not certify completion of applications, date when last application is received, Is on or after 18 months from rule’s publication.
3.	 And, if no permit is required, start of physical construction or alterations 

Slide 11:
Triggering Event for Compliance – Title II 
For new construction and alterations – triggering event is whether commencement of physical construction or alterations has occurred on or after March 15, 2012.

Slide 12:
Title III Entities—Applicable Standards Until Compliance Date
Until March 15, 2010, covered entities can chose to use either:
2010 Standards OR 1991 Standards    
Elevator exception does not apply
Must follow choice consistently in a facility.
Image:  Cover of DOJ's ADA title III regulations

Slide 13:
Title II Entities—Applicable Standards Until Compliance Date
Until March 15, 2012, title II entities can choose to use one of the following: 
2010 Standards; 1991 Standards; or Uniform Federal Accessibility Standards (UFAS).  Elevator exception does not apply
Must  follow choice consistently in a facility

Slide 14:
As of March 15, 2012
2010 Standards replace the 1991 Standards (and UFAS) and must be followed.

Slide 15:
What are the 2010 Standards?
ADA Application and Scoping Ch. 1-2; 
Common Technical Ch. 3-10 of the ADA/ABA Accessibility Guidelines (July 23, 2004); and
The additional technical requirements set for by the Department in:
Section 35.151 for Title II entities
Subpart D (Section 36.406) for Title III entities

Slide 16:
What Standards Apply to Existing Facilities?
Title II — Program accessibility
Title III — Readily achievable barrier removal 

Slide 17:
Title II – Compliance 
For Program Access, until March 15, 2012,  covered entities may choose to use either the UFAS, the 1991 Standards, or the 2010 Standards

Slide 18:
Title III Compliance – Existing Facilities before Compliance Date
Requirement: Elements that do not comply with the corresponding requirements for those elements in the 1991 Standards must be modified to the extent readily achievable.    (Barrier Removal) (Section 36.304)
Applicable standard before March 15, 2012:
1991 Standards; or 2010 Standards   (Section 36.304(d)(2)(ii)(A)

Slide 19:
Title III Compliance – Existing Facilities After Compliance Date
Requirement: Elements that do not comply with the requirements in the 1991 Standards or that do not comply with the supplemental requirements (i.e., elements for which there were neither technical nor scoping specifications in the 1991 Standards) must be modified to the extent readily achievable.
Applicable standard on or after March 15, 2012:
2010 Standards (Section 36.304(d)(ii)(B))

Slide 20:
Safe Harbor – Existing Facilities
Elements that comply with the corresponding requirements for those elements in the 1991 Standards do not need to be modified to meet the 2010 Standards unless those elements are altered on or after March 15, 2012
Slide 21:
Safe Harbor– Existing Facilities
Safe Harbor does not apply to elements in existing facilities that were not subject to specific requirements in the 1991 Standards
Image: playground
Image: Adult female using swimming pool lift

Slide 22:
Elements in 2010 Standards Not Subject to Safe Harbor
Sections 36.304(d)(2)(iii) and 35.150(b)(2)(ii)
(A) Residential facilities and dwelling units
(B) Amusement rides
(C) Recreational boating facilities
(D)Exercise machines and equipment
(E) Fishing piers and platforms
(F) Golf facilities
(G) Miniature golf facilities
(H) Play areas

Slide 23: 
Elements in 2010 Standards not Subject to Safe Harbor
(I) Saunas and steam rooms
(J) Swimming pools, wading pools, and spas, 
(K) Shooting facilities with firing positions, 
(L) Miscellaneous.
   (1) Team or player seating
   (2) Accessible route to bowling lanes
   (3) Accessible route in court sports facilities

Slide 24:
Noncomplying Facilities
Section 35.151(c)(5) and Section 35.406(a)(5)
Noncomplying facilities, i.e., facilities built after the compliance date for the 1991 Standards, but that are not in compliance with those standards, must be modified as follows:

Slide 25:
Noncomplying Facilities
Before March 15, 2012 choice of:
1991 Standards
2010 Standards 
UFAS (option only for title II entities)
On or after March 15, 2012, covered entities must bring their noncomplying facilities into compliance with the 2010 Standards. 

Slide 26:
Maintenance of Accessible Features (New Provision)
If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the covered entity may reduce the level of accessibility in accordance with the 2010 Standards.  
Section 35.133(c) and Section 36.211 (c)

Slide 27:
Additional Requirements Applicable to Specific Types of Facilities
Applies to new construction and alterations, program access, and barrier removal.
Final rules describe additional requirements beyond those originally contained in the ADA/ABA Accessibility Guidelines.  

Slide 28: 
 Additional Requirements Applicable to Specific Types of Facilities
Places of lodging (including mixed-use facilities)	
Social service center establishment
Housing at places of education
Assembly areas
Medical care facilities
Detention and correction facilities
Residential dwelling units

Slide 29:
Places of Lodging
Section 36.406(c)
Places of lodging include other facilities such as timeshare and condominium properties that operate similarly to hotels.  (Defined at Section 36.104)
These facilities must comply with transient lodging requirements.
Image:  5 story transient lodging facility

Slide 30:
Places of Lodging
May combine multiple facilities on a single site that have 50 or fewer guest rooms and are constructed or altered subject to the same permit application. 
More than 50 guest rooms treated separately.  

Slide 31:
Places of Lodging
Rule exempts from the alterations requirements, guest rooms that are:
1. Not owned or substantially controlled by the entity that owns, leases, or operates the overall facility; and 2. Where the physical features of guest room interiors are controlled by the individual owners. 

Slide 32:
Places of Lodging That Are Part of Mixed Use Facilities 
Mixed-Use Facilities - Where a facility contains both residential dwelling units and other units designed as transient lodging facilities, the residential dwelling units are not covered by the transient lodging standards.
Section 36.406 (c)(3)

Slide 33:
Social Service Center Establishments 
Section 35.151(e) and Section 36.406(d)
Social service establishments are required to comply with the requirements for residential facilities, including, but not limited to the provisions in sections 233 and 809.
In sleeping rooms with more than 25 beds, a minimum of 5 percent of the beds must have clear floor space. 

Slide 34:
Social Service Center Establishments
Facilities with more than 50 beds with common-use bathing facilities must provide at least one roll-in shower with a seat. 
If common-use shower facilities for both genders are provided, roll-in showers required for each group. 

Slide 35: 
Housing at a Place of Education 
“Housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.”  	Defined at Section 35.104 and Section 36.104

Slide 36:
Housing at a Place of Education
Section 35.151(f) and Section 36. 406(e)
Must comply with transient lodging, except:
Kitchens within housing units containing accessible sleeping rooms with mobility features or on floors containing accessible sleeping rooms with mobility features must provide turning spaces that comply with the requirements of the residential dwelling units standards. 

Slide 37:
Housing at a Place of Education
Multi-bedroom housing units that contain accessible sleeping rooms with mobility features must have an accessible route throughout the unit in accordance with the requirements of the residential dwelling units standards. 

Slide 38:
Housing at a Place of Education
Apartments or townhome facilities which are leased on a year-round basis exclusively to graduate students or faculty, and that do not contain any public or common areas available for educational programming, are required to comply with the requirements for residential facilities.  

Slide 39: 
Assembly Areas
Section 36.151(g) and Section 36.406(f) 
The 2010 Standards require: Dispersion of wheelchair spaces and companion seats to all levels     that include seating served by an accessible route in stadiums, arenas, and grandstands. 
Image: baseball stadium

Slide 40:
 Assembly Areas
Wheelchair spaces and companion seats are required to be horizontally dispersed have seating encircling, in whole or in part, a field of play or performance area. 
 Wheelchair spaces and companion seats may not be located on temporary platforms or other moveable structures except in certain specified circumstances.
 Wheelchair spaces and companion seats shall be placed to assure line-of-sight in stadium-style theaters. 
Image: seating plan for arena

Slide 41:    
Assembly Areas 
Wheelchair spaces and companion seats are required in each specialty area that provides spectators with distinct services or amenities that are generally not available to other spectators.  (Section 36.308) 
This requirement is included in, rather than in addition to, wheelchair space requirements set forth in table 221.2.1.1 in the 2010 Standards.

Slide 42:
Medical Care Facilities
Section 35.151(h) and Section 36.406(g)
The 2010 Standards require:  dispersion of accessible patient bedrooms in a manner that is proportionate by type of medical specialty.
Image:  hospital room with bed and dresser

Slide 43:
Title II - Detention and Correctional Facilities - Section 35.151(k))
Increases required scoping for new construction and alterations of accessible cells to 3 percent, but no fewer than one.  Cells with mobility features shall be provided in each classification level. 
Image:  jail toilet with lav and grab bars

Slide 44:
Title II—Residential Dwelling Units
Standards require at least 5 percent to be accessible to persons with mobility disabilities and at least 2 percent to be accessible to persons with communication disabilities.  
Section 35.151(j) applies these requirements to those housing programs operated by public entities that provide units for sale to individuals.
Image:  residential dwelling facility

Slide 45:
Title II—Residential Dwelling Units
Residential units subject to the Section 504 regulations of the Department of Housing and Urban Development (HUD) defer to the HUD regulations for the scoping requirements.  
Image:  high rise residential dwelling unit

Slide 46:
Responses to Questions

Slide 47:
2010 ADA Accessibility Standards

Slide 48:
2010 ADA Standards
Application & Administration 
Scoping Requirements
Building Blocks
Accessible Routes
General Site & Building Elements
Plumbing Elements & Facilities 
Communication Elements & Features
Special Rooms, Spaces & Elements
Built-In Elements
Recreation Facilities

Slide 49:
2010 ADA Standards
Better access and compliance
Improved format and usability 
Consistency with ABA guidelines
Harmonization: model building codes and industry standards

Slide 50:
Formating system 
New figures (informational only)
All dimensions stated in text 
New advisory notes (non-mandatory)
Image:  sample page from new ADAAG

Slide 51:  
Harmonization
ICC/ANSI A117.1-2003 and IBC 2003
Image:  Cover of ANSI-2004
Image:  Cover of IBC 2003

Slide 52:
Top 10 Question Topics
Using the new ADA Standards
Referenced Standards
Earlier supplements
Accessible routes
Detectable warnings
Employee work areas
Toilet rooms
Dwelling units
Assembly areas
Communication access

Slide 53:
Using the New ADA Standards

Slide 54:
Content of the new ADA standards are based on the Board’s
updated ADA Accessibility Guidelines – “ADAAG” (2004)
Image: Cover of the ADA and ABA Accessibility Guidelines (2004)

Slide 55:
ADAAG (2004)
Issued jointly with updated guidelines for Federal facilities covered by the Architectural Barriers Act (ABA)

Slide 56:
Updated ADA and ABA Guidelines (2004)
ADA Application and Scoping Chapters (1-2) and ABA Application and Scoping Chapters (1-2); reference Common Technical Chapters (3-10)

Slide 57:
DOJ’s ADA Standards (2010)
ADA Application and Scoping Chapters (1-2) and Common Technical Chapters (3-10)  It excludes the ABA Chapters 1 and 2 (Pages 72-140) of the Access Board’s 2004 Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines.

Slide 58: 
Additional Design Requirements (DOJ’s regulations)
Social Service Center Establishments
Housing at Places of Education
Assembly Areas
Medical Care Facilities
Residential Dwelling Units
Detention and Correctional Facilities
Places of Lodging

Slide 59:
DOJ’s ADA Standards (2010)
Apply to construction/alteration of:  state and local government facilities (Title II); places of public accommodation (title III); commercial facilities (title III)
Except:  transportation facilities (Covered by similar standards issued by DOT in 2006)

Slide 60:
Updated ADA (and ABA) Standards
ADA Facilities (except transportation):  DOJ’s ADA Standards
Transportation Facilities:  DOT’s ADA Standards
Federal Facilities:  ABA Standards (GSA, USPS, DOD)
UFAS (HUD)

Slide 61:
Online Guidance
www.access-board.gov/ada-aba/
Image:  Image of "Guide to the ADA and ADA Standards" web page
Slide 62:
Side-by-Side Comparison 
(original standards/ ADA-ABA guidelines/ IBC)
Image:  The side by side comparison on web page

Slide 63:
Referenced Standards
Powered doors (ANSI/BHMA A156.10 and A156.19)
Elevators and lifts (ASME A17.1 & A18.1)
Egress (IBC)
Alarms (NFPA 72)
Play surfacing and equipment (ASTM standards)

Slide 64:
Earlier ADAAG Supplements 
State and Local Government Facilities (1998)
Children’s Environments (1998)
Play Areas (2000)
Recreation Facilities (2002)
Included in the 2010 Standards without substantive changes
Image:  Cover of Federal Register

Slide 65:
Locating Provisions
Table of Contents
ADA Application and Scoping
ADA Chapter 1:  Application and Administration
ADA Chapter 2:  Scoping Requirements
ABA Application and Scoping
ABA Chapter 1:  Application and Administration
ABA Chapter 2:  Scoping Requirements
Technical Chapters
Chapter 3:  Building Blocks
Chapter 4:  Accessible Routes
Chapter 5:  General Site and Building Elements
Chapter 6:  Plumbing Elements and Facilities
Chapter 7:  Communication Elements and Features
Chapter 8:  Special Rooms and Spaces and Elements
Chapter 9:  Built-in Elements
Chapter 10:  Recreation Facilities

Slide 66:
Subject Index (pp. 294-304)
Image:  Image of Subject Index
Slide 67:
Accessible Routes
Required accessible routes (206.2):
Site arrival
Within sites
Between stories (Elevator exceptions)
Space and elements
Specific spaces (restaurants and cafeterias, performance areas, press boxes, employee work areas, recreation facilities)

Slide 68:
Accessible Routes
Elevator Exceptions
Private sector:  Less than 3 stories or less than 3,000 sf/floor
Public (Government) sector: (new)
2 story – access not required to non-public floor with max. occupancy of 5 (e.g. boat traffic tower)

Slide 69:
Accessible Routes
New exception for press boxes
500 square feet or less (aggregate)
On bleachers entered on 1 level or elevated 12 feet or more (Free standing)

Slide 70:
Accessible Routes
Clarifications
Access not required if no pedestrian route provided
If circulation path interior, accessible route must be interior
Mezzanines – vertical access not required where elevator not required

Slide 71:
Accessible Means of Egress
Reference to International Building Code (IBC)
Standby power for platform lifts on egress routes
Image:  Cover of International Building Code 2003

Slide 72:
Detectable warnings
Image: detectable warning tile
Slide 73:
Detectable Warnings
Required on boarding platform edges only (and curb ramps covered by DOT standards)
Greater range of designs and products allowed
Dome diameter (range)
Spacing (range)
Removed:  resiliency/sound-on-cane contact
Color contrast doesn’t have to be integral

Slide 74:
Detectable Warnings
No longer required at:
Curb ramps (except at transportation facilities covered by DOT standards)
Hazardous vehicular areas
Rulemaking on public rights –of-way to revisit issue

Slide 75:
Detectable Warnings
www.access-board.gov/adaag/dws/udate.htm
Image: Screen shot of the detectable warning resource page on website

Slide 76:
Work Areas (203.9)
“approach, entry, and exit”
Circulation paths (in areas greater than 1000 square feet)
Means of egress
Visual alarm connection

Slide 77:
Work Areas
Access for “approach, entry and exit”
Door maneuvering clearance (exterior)
Compliant door (clear width, hardware, opening force, etc)
Clear floor space
Recommended:  Interior door maneuvering clearance, turning space
Image:  image of wheelchair user entering work space

Slide 78:
Work Areas
Accessible circulation paths
Exceptions:
Areas less than 1000 square feet
Paths = integral part of equipment
Exterior areas fully exposed to weather

Slide 79:
Toilet Rooms

Slide 80:
Clustered Toilet Rooms
New Exception:  Access to at least 50% of single user toilet rooms clustered at one location that serves same users (instead of 100%)

Slide 81:
Clustered Toilet Rooms
Example:  Medical office suite
Image:  Floor plan of medical office suite with 8 single user toilet rooms adjacent to exam rooms.  These toilet rooms are shaded to indicate they are part of cluster and half are accessible.  A single user toilet room outside the suite and a multi-user toilet room are not part of the cluster.

Slide 82:
Toilet Rooms
Range for toilet centerline
Lavatory cannot overlap toilet clearance (except in dwelling units)

Slide 83:
Toilet Rooms
Allows space for side transfers
Image:  image of toilet room with wheelchair user positioned between the toilet and the lav

Slide 84:
Toilet Rooms
Fixtures can be recessed
Shorter (24” minimum) rear grab bar allowed in this case
Image:  Recessed lavatory adjacent to water closet shown in plan view to be located closer to the water closet but behind the water closet clear floor space.  

Slide 85:
Toilet Rooms
Door maneuvering Clearance; swing outside fixture clearances
Image:  A toilet room is shown in plan view with a water closet and lavatory on the same (back) wall with clear floor space at both fixtures indicated.  An in-swinging door is located on side wall closest to the lavatory with door maneuvering clearance shown.  The door is located so that the door swing does not intrude into the water closet and lavatory clearances.

Slide 86:
Toilet Rooms
Doors can swing into fixture clearances if clear floor space (30” x 48” min.) provided outside swing
Image: image of toilet room with a toilet and a lavatory and the door opening into the room.  A yellow box shows the available clear floor space with the door opening into the room.

Slide 87:
Residential Dwelling Units

Slide 88:
Residential Dwelling Units
Guidelines apply primarily to State or local government housing and public accommodations housing (Fair Housing Act covers multi-family housing in public and private sectors)
Image:  garden style residential dwelling units

Slide 89:
Residential Dwelling Units
Scoping:
5% wheelchair accessible
2% communication access features
Recognize coverage by HUD 504 regulations
Exception for facilities with 15 or fewer units
Units for sale (DOJ or HUD regs)

Slide 90:
Residential Dwelling Units
Residential Facilities versus Transient Lodging (definitions)
Residential:  long-term in nature, used as residence
Transient: short-term in nature, not used as residence
Image:  Image single family housing
Image:  Multi-family housing (apartment building)
Slide 91:
Assembly areas

Slide 92:
Assembly Areas
Wheelchair Spaces
Lower scoping for assembly areas with more than 500 seats:
501-5,000 seats: 1 space/every 150 seats (instead of 1%)
More than 5,000 seats:  0.5% scoping
Image:  wheelchair user and companion in stadium seating

Slide 93:
Assembly Areas
Horizontal Dispersion
Exception (300 seats max.) if: spaces and companion seats located in the 2nd or 3rd quartile of row.
Image: Technical Drawing of assembly seating dispersion

Slide 94:
Assembly Areas
Vertical Dispersion:  Exception (300 seats max.) if viewing angles = or better than the average viewing angles in the assembly area
Image:  Technical Drawing of Assembly-Dispersion in stadium style seating area

Slide 95:
Wheelchair spaces must provide comparable lines of sight
Image:  image showing 5 rows of seating with the wheelchair space on the top row.  Sight lines drawn from eye level over the tops of the heads of those seated in the rows below.

Slide 96:
Lines of sign over standing spectators
Image:  image showing 5 rows of standing spectators with the wheelchair space on the top row.  Sight lines drawn from eye level over the tops of the heads of the standees in the rows below.

Slide 97:
Communication Access
Alarms
Signs
Telephones and TTY’s
Assistive listening systems
ATM’s
Two-Way communication systems

Slide 98:
Fire Alarms
NFPA 72 (1999 or 2002)
Guidelines require 110 decibels max.
Image:  Cover of National Fire Alarm Code Book (2002 edition)

Slide 99:
Fire Alarms
NFPA 72 covers:
Flash rate and pulse duration
Location-wall and ceiling
Minimum intensity
Larger coverage thru fewer appliances
Many spaces (other than corridors) can be covered by 1 appliance
Synchronization of multiple appliances
Image:  Fire alarm strobe appliance

Slide 100:
Signs
Raised characters
Braille
Visual characters
Pictograms
Image: International symbol of accessibility

Slide 101:
Tactile/visual-labels for permanent rooms and spaces, exit doors
Visual only – directional or information signs
Except: Temporary signs, building menus, directories, addresses, company names and logos
Image:  Image of sign with room numbers that are raised and accompanied by braille equivalent

Slide 102:
Telephones
Volume controls on all public phones
20 decibels (12 decibel intermediate step)
Automatic reset
TTY’s
34 inch minimum height keyboard (unless seats provided)
Revising scoping
Image:  International Symbol for amplified handset

Slide 103:
Assistive Listening Systems
Required where:
Audible communication = integral to use of the space and audio amplification
Courtrooms
Not triggered by fixed seating or occupant load
New technical criteria (sound pressure level, signal-to-noise ratio, peak clipping level)
Image:  Image of different types of assistive listening devices

Slide 104:
ATMs and Fare Machines
Access to 1 of each type at each location
Speech output
Privacy
Input controls
Display screen
Braille instructions (for speech mode)
Image:  ATM Machine

Slide 105:
Two Way Communication Systems
Audible and visual signals required
Image:  Image of intercom station

Slide 106: 
Rulemaking in Development
Outdoor Developed Areas
Passenger Vessels
Public Rights-of-Way
Transportation Vehicles
Information and Communications Technology
Emergency Transportable Housing
Medical Diagnostic Equipment
Shared Use Paths
Classroom Acoustics

Slide 107:
Where to direct questions
US Department of Justice
Implementing regulation and additional requirements
Requirements for existing facilities – Title II and III
800-514-0301 (Voice)
800-514-0383 (TTY)
www.ada.gov

US Access Board
2010 Accessibility Standards for new construction and alterations
800-872-2253 (Voice)
800-993-2822 (TTY)
202-272-0081 (Fax)
ta@access-board.gov
www.access-board.gov
Slide 108:
Response to Questions

Slide 109:
Thank you for participating in today’s webinar
Next scheduled session:  “Accessible Routes”, October 7, 2010
www.accessibilityonline.org