28 CFR Part 35 · Subpart B — General Requirements
§ 35.133 Maintenance of accessible features
Last updated June 11, 2026
Requires that accessible features be kept in working order at all times.
In Plain Language
Having accessible features is not enough. They must actually work. Public entities must maintain accessible features in operable condition. A broken ramp, a malfunctioning elevator, an inaccessible door opener, or a website feature that stops working can all constitute violations. Isolated temporary interruptions due to maintenance or repair are permitted, but repeated or extended outages are not.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.133
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.
(b) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.
(c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.
[56 FR 35716, July 26, 1991, as amended by Order No. 1694-93, 58 FR 17521, Apr. 5, 1993; AG Order No. 3180-2010, 75 FR 56178, Sept. 15, 2010]
What § 35.133 Means in Practice
- Accessible features must be kept in working order. Installation is not a one-time obligation
- This applies to physical features (ramps, elevators, accessible parking) and digital features (accessible web pages, working caption systems)
- Short-term outages during maintenance are acceptable. Persistent failures are not
- Entities should have maintenance protocols that prioritize accessibility features
- This is a frequently cited issue in DOJ investigations and private lawsuits
Common Questions
Our elevator has been broken for two weeks. Are we in violation?
Possibly. Extended outages that prevent access are a maintenance-of-accessible-features violation. You should have an alternative access plan and work to restore the elevator promptly.
Does this apply to our website?
Yes. If an accessible feature of your website (such as captions, alt text, or keyboard navigation) stops working, it must be repaired. Digital accessibility is not a set-it-and-forget-it obligation.
Does § 35.133 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830