Facility Access & Construction Standards

Effective March 15, 2012, the applicable standards for new construction and alterations — whether by a public entity under Title II or a public accommodation under Title III — are the 2010 ADA Standards for Accessible Design. Transportation facilities are additionally covered by the Department of Transportation's 2006 ADA Standards for Transportation Facilities. Source: ADA National Network

The ADA does not have a "grandfather" provision — but it does have a "safe harbor." Elements in existing facilities that comply with the 1991 ADA Standards do not need to be modified to meet the 2010 Standards, unless those elements are being altered. However, safe harbor does NOT apply to elements not covered in the 1991 Standards but included in the 2010 Standards — such as swimming pools, play areas, exercise machines, and fishing piers. Those must be made accessible when it is readily achievable. Source: ADA National Network

The ADA requires that all new construction of places of public accommodation and commercial facilities be accessible. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor — unless the building is a shopping center, health care provider office, public transit station, or airport terminal. Source: ADA National Network

No. The cost of incorporating accessibility features into new construction is generally less than one percent of total construction costs. This is a relatively small investment compared to the long-term economic benefits of full accessibility, including increased employment opportunity and consumer access. Source: ADA National Network

The 2010 Standards changed the van-accessible space requirement from 1-in-8 to 1-in-6 accessible spaces. If a parking lot is already in compliance with the 1991 Standards, the safe harbor applies and no changes are required. If it is not compliant with the 1991 Standards, it must be brought into compliance with the 2010 Standards when readily achievable. Source: ADA National Network

In alterations, the minimum number of accessible guest rooms required is based on the number of rooms being altered, not the total number in the facility. Accessible rooms must be dispersed among different room classes to provide comparable choices. In new construction, minimum numbers are specified in Tables 224.2 and 224.4 of the 2010 ADA Standards. Source: ADA National Network