U.S. Access Board - Chapter 1: Using the ADA Standards (2024)

The design standards issued under the Americans with Disabilities Act(ADA) by the Department of Justice and the Department of Transportationare used to ensure access to the built environment for people withdisabilities. The ADA Standards applynationwide, in addition to any applicable state or local codes, wherefacilities are newly built or altered. Most facilities in the public andprivate sectors are covered by the ADA.

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Facilities Covered by the ADA

State and Local Government Facilities

Units of government at the state, county, and local levels are subjectto the ADA and must comply with the ADA Standards in new constructionand alterations. All types of public facilities are covered, includingschools, hospitals, public housing, courthouses, and prisons. Federalfacilities are not covered by the ADA, but by an earlier law, theArchitectural Barriers Act (ABA) and must meet separate, though verysimilar, standards.

Places of Public Accommodation and Commercial Facilities

In the private sector, the ADA Standards apply to places of publicaccommodation and commercial facilities. Places of public accommodationare facilities that affect commerce and that fall within twelvecategories listed in the statute, including stores and shops,restaurants and bars, sales or rental establishments, serviceestablishments, theaters, places of lodging, recreation facilities,assembly areas, private museums, places of education, and others. Nearlyall types of private businesses that serve the public are included inthe twelve categories, regardless of size. Commercial facilities includeoffice buildings, factories, warehouses, manufacturing plants, and otherfacilities whose operations affect commerce.

Transportation Facilities

Bus stops and stations, rail stations, and other transportationfacilities are required to be accessible by the ADA. The ADA alsoestablishes standards for transportationvehicles,including buses, vans, and rail cars (which are not discussed in thisguide).

Exemptions (Religious Entities and Private Clubs)

The ADA does not apply to religious organizations and private clubs,entities which historically have been exempt from federal civil rightslaws. Places of worship and other facilities controlled by a religiousorganization, such as a school or day care center, are not subject tothe ADA Standards. Private clubs may be similarly exempt depending ontheir exclusiveness, operations, and other factors. Facilities notsubject to the ADA Standards may still be subject to state or localaccess codes.

ADA Coverage of Housing

Information on the Fair Housing Act is available from the Department of Housing and Urban Development atwww.hud.gov or www.fairhousingfirst.org, (888)341-7781 (V/TTY).

Although private residential housing is not covered by the ADA,government-owned or operated housing and certain privately ownedfacilities that provide housing are subject to the ADA and itsaccessibility requirements. Government owned or operated facilities mayinclude public housing, student and faculty housing, employee housing,nursing homes, temporary housing provided in emergencies, and socialservice facilities, such as homeless shelters and halfway houses.

In the private sector, the ADA’s coverage of housing is limited toplaces of public accommodation, such as social service establishmentsand housing provided on or behalf a place of education. The ADA does notapply to individually owned or leased housing in the private sector notused as a public accommodation, including single family homes,condominiums, or apartments. (Many types of multi-family housing in theprivate and public sectors are subject to the design requirements of theFair Housing Act.) Places of public accommodation located in residentialbuildings, such as rental and sales offices, commercial spaces, andhotel accommodations, are covered by the ADA Standards.

ADA Regulations

Regulations issued by DOJ and DOT to implement the ADA provide importantinformation and instructions on using the ADA Standards. The regulationsdefine the types of facilities covered, set effective dates, and provideadditional detail on certain provisions in the standards. They alsoaddress existing facilities and topics beyond building design, includingaccess to programs, services, and communication and provision ofauxiliary aids and services.

DOJ’s ADA Regulations

DOJ regulations issued under title II of the ADA apply to programs,activities, and services of state and local governments. DOJ’s title IIIregulations apply to public accommodations and commercial facilities.Both regulations contain general nondiscrimination provisions andaddress access to programs and services, effective communication,auxiliary aids and services, and reasonable modifications of policies,practices, and procedures. Under the title II regulation, state andlocal governments must provide program accessibility in existingfacilities, and the under the title III regulation public accommodationsmust remove architectural barriers in existing facilities where it is“readily achievable.” In addition, both regulations specify theaccessibility standards applicable to new construction and alterations,and to the provision of program access or barrier removal.

DOT’s ADA Regulations

DOT’s ADA regulations implement the transportation and relatedprovisions of titles II and III of the ADA. They apply to any publicentity that provides public transportation or intercity or commuter railtransportation, as well as to any private entity that provides publictransportation or that is not primarily engaged in the business oftransporting people but operates a demand responsive or fixed routesystem. They cover both vehicles and facilities and includenondiscrimination requirements associated with the provision oftransportation services.

ADA Accessibility Standards

DOJ's and DOT's ADA Standards are based on the Board's ADA Accessibility Guidelines (2004).

Both DOJ’s and DOT’s ADA Standards are based on minimum accessibilityguidelines adopted by the Access Board in 2004, known as the ADAAccessibility Guidelines. As a result, these two sets of standards arevery similar for the most part. However, each contains additionalrequirements that are specific to the facilities covered by therespective agencies.

DOJ’s 2010 ADA Standards for Accessible Design

DOJ’s 2010 ADA Standards for Accessible Design became effective March15, 2012 and apply to all facilities covered by the ADA except publictransit facilities. This includes state and local government facilitiessubject to title II and places of public accommodation and commercialfacilities under title III.

As implemented under title II, the 2010 Standards consist of theregulatory provisions in 28 CFR §35.151 and appropriate sections of theAccess Board’s 2004 ADA Accessibility Guidelines (36 CFR part 1191,appendices B and D).

For title III of the ADA, the 2010 Standards consist of both theregulatory provisions in 28 CFR part 36, subpart D, and appropriatesections of the Access Board’s 2004 ADA Accessibility Guidelines (36 CFRpart 1191, appendices B and D).

DOJ’s 2010 Standards include provisions not included in DOT’s standardsthat supplement or modify requirements related to scoping for:

• assembly areas (§221)
• medical care facilities (§223)
• transient lodging, including housing at places of education (§224)
• detention and correctional facilities (§232)
• social service establishments (§233)
• housing provided by state or local governments for sale to individual owners (§233).

DOT’s ADA Standards (2006)

DOT’s ADA Standards apply to facilities used by state and localgovernments to provide designated public transportation and to commuterand intercity rail stations. The current edition of the standardsapplies to new construction and alterations undertaken after November29, 2006. These standards are very similar to DOJ’s 2010 Standards butinclude unique provisions concerning:

• accessible route location (§206.3)
• detectable warnings on curb ramps (§406.8)
• bus boarding and alighting areas (§810.2.2)
• rail station platform (§810.5.3).

How the ADA Standards are Enforced

DOJ’s and DOT’s ADA Standards are not a building code, nor are theyenforced like one. They constitute design and construction requirementsissued under a civil rights law. The ADA’s mandates, including theaccessibility standards, are enforced through investigations ofcomplaints filed with federal agencies, or through litigation brought byprivate individuals or the federal government. There is no plan reviewor permitting process under the ADA. Nor are building departmentsrequired or authorized by the ADA to enforce the ADA Standards (somebuilding departments even include a disclaimer on their plan checksindicating that ADA compliance is not part of their approval process).Entities covered by the law ultimately are responsible for ensuringcompliance with the ADA Standards in new construction and alterations.

State and Local Access Codes

Building design and construction, including safety and accessibility, islargely regulated and enforced by states and local jurisdictions. TheADA does not intrude upon the authority these governmental entities havetraditionally exercised over the built environment. Most states and manylocal jurisdictions have laws or ordinances that address access to thebuilt environment. Several states have their own accessibility codes,while others have implemented requirements based on those of the ADA oradopted access provisions contained in model building codes. The ADAStandards apply nationally in addition to any applicable state or localaccess requirements or codes. An occupancy permit issued by a localjurisdiction (or a building inspection) does not ensure ADA compliance.Although local building departments sometimes can waive building coderequirements, a local waiver does not affect the entity’s obligation tocomply with the ADA Standards.

The ADA sets up a voluntary process through which a state code can becertified by DOJ as meeting or exceeding the ADA Standards that apply topublic accommodations and commercial facilities. Certificationfacilitates compliance by ensuring that state and local coderequirements are consistent with the ADA accessible design requirements.This process, in effect, integrates the requirements for accessibledesign under the ADA into state or local code enforcement processes.Under a certified code, design errors are more likely to be caught andremedied before construction. Also, having a DOJ-certified code offersrebuttable evidence of compliance with title III of the ADA in responseto a legal challenge under the law concerning accessible facilityconstruction. Information on ADA state code certification is availablefrom DOJ and its website atwww.ada.gov/certcode.htm. DOT doesnot certify codes as compliant with its ADA Standards for transportationfacilities.

Model Building Codes and Industry Standards

The Access Board’s 2004 ADA Accessibility Guidelines, upon which thecurrent ADA Standards are based, have been harmonized to a significantextent with industry standards and model building codes, including theInternational Building Code (IBC). The IBC contains application andscoping provisions for accessibility (in chapters 10, 11 and 34) thatcorrespond to those in the ADA guidelines (chapters 1 and 2). Fortechnical provisions, the IBC references a consensus standard developedthrough the American National Standards Institute (the ANSI A117.1standard), which is highly consistent with the technical chapters (3-10)of the ADA guidelines. There are some substantive differences. Forexample, unlike the ADA guidelines, the ANSI standards require anadditional vertical grab bar at water closets, transfer shower stalls,and tubs. Detailed comparisons between the 2004 ADA guidelines and theIBC/ANSI standard are available on the Access Board’swebsite and the International Code Council’swebsite atwww.iccsafe.org.

The ADA Standards also reference several industry standards, includingthe American Society of Mechanical Engineers (ASME) elevator safety codeand the National Fire Protection Association (NFPA) 72 Fire Alarm Code.In addition, the ADA Standards reference provisions in the IBC coveringaccessible means of egress.

Chapter 1: Application and Administration

Purpose

[§101]

The ADA Standards apply to new construction, alterations, and additions.While the scoping and technical requirements for new construction alsoapply to alterations and additions, provisions and exceptions specificto alterations or additions are provided throughout the document.

Furnishings and Equipment

The DOJ and DOT ADA Standards, like most building requirements andcodes, apply to those elements that are fixed or built-in. Moveableelements and furnishings are generally not addressed or covered by theADA Standards. DOJ’s ADA regulations include requirements that mayimpact non-fixed elements, such as providing accessible medicalequipment, including examination tables and chairs, to provide personswith disabilities effective access to health services. In addition,placement of non-fixed elements can affect the accessibility of an areaby encroaching into accessible routes and clearances.

Unless specifically permitted, access features required by the ADAStandards must be fixed or built-in even though portable alternativesmay be available. This includes requirements for assistive listeningsystems, visual alarms, shower seats, ramps, and platform lifts. (Inremoving barriers to existing places of public accommodation, portablesolutions may be permitted in some cases where permanent solutions arenot readily achievable).

Maintenance of Accessible Features

The ADA Standards address the design, but not the maintenance, ofbuilding elements and features. However, it is important that accessiblefeatures be properly maintained in working order. DOJ’s and DOT’sregulations require that features of facilities and equipment requiredto be accessible be maintained in operable working condition, except forisolated or temporary interruptions in service due to maintenance orrepairs.

Dimensions for Adults and Children

[§102]

The ADA Standards provide technical specifications for building elementsdesigned specifically for use by children 12 and younger. Theseprovisions address access for children to:

• drinking fountains (§602)
• water closets and toilet compartments (§604)
• lavatories and sinks (§606) and
• dining and work surfaces (§902).

The ADA Standards also include requirements for play areas (§240 and§1008) and recommendations (advisory notes) with respect to children’sreach ranges (§301.1) and ramp handrails used primarily by children(§505.4).

The ADA Standards do not specify where or when elements are to bedesigned or constructed for use primarily by children. Thisdetermination is left to other building requirements or regulations,good practice, client preference, or other factors. The provisionscovering elements designed for children’s use (other than thoseaddressing play areas) are structured as exceptions to specificationsbased on adult dimensions. Once the decision is made to design certainelements based on children’s dimensions and to use the exceptions, thealternate specifications provided in the ADA Standards must be followed.The ADA Standards do not require provision of additional accessibleelements in order to separately accommodate both children and adults,although doing so may be advisable in mixed use spaces. For example, insome restrooms at facilities such as schools and children’s museums, itmay be a good idea to provide a wheelchair accessible toilet compartmentfor use by adults and another for use by children.

Equivalent Facilitation

[§103]

The ADA Standards allow alternatives to specified requirements thatprovide substantially equivalent or greater accessibility and usabilityas an “equivalent facilitation.” The question of whether an alternativesolution is “equivalent” involves considerations as to whether it isjust as, if not more, effective in terms of accessibility, usability,convenience, and reliability for people with disabilities. For example,the ADA Standards specify permanent or built-in features for independentaccess. Unless otherwise specified, alternatives involving temporary orportable solutions or requiring assistance from others are not generallydeemed equivalent to the required minimum level of access.

The provision of equivalent facilitation is intended to accommodate goodfaith innovations and technological advances not anticipated by the ADAStandards. It is not to be used as a means to resolve oversights indesign or construction. Understanding the rationale for certainspecifications is often helpful in determining whether an alternative isequivalent. For example, transfer shower stalls are required to be 36inches by 36 inches absolute so that grab bars remain within reach fromthe seat. A wider transfer shower stall would not qualify as “equivalentfacilitation” because it would make the grab bars less usable from theseat and less accessible to individuals with disabilities.

DOT’s ADA regulations (§37.9) detail the process, procedures andrequirements for seeking a determination of equivalent facilitation fora public transportation facility subject to DOT’s ADA Standards. Nodepartures from specific provisions of the DOT standards can be madewithout a determination issued by the Administrator of the relevantoperating administration (e.g., the Federal Transit Administration, theFederal Railroad Administration, or the Federal Highway Administration)with the concurrence of the Assistant Secretary for TransportationPolicy. Requests for official determinations of equivalent facilitationshould be directed to the Federal Transit Administration.

DOJ’s ADA regulations do not establish a process for approving orcertifying equivalent facilitation alternatives to requirements of DOJ’sADA Standards. In the case of DOJ’s ADA Standards, the responsibilityfor demonstrating equivalent facilitation in the event of a legalchallenge or complaint rests with the covered entity. In pursuingequivalent facilitation alternatives under DOJ’s ADA regulations, it isgood practice to:

• base decisions on sound independent research and reliable data
• involve disability groups and individuals with a variety of disabilities in the process
• document the effort thoroughly, including information and feedback from consulted sources

Conventions

[§104]

Most dimensions in the ADA Standards are specified as a minimum,maximum, or as a range. In a few areas, absolute dimensions arespecified.

Construction and Manufacturing Tolerances

A tolerance is an unintended, but permitted (i.e., “tolerated”),variation from a specified dimension resulting from the process ofconstruction or manufacture. The ADA Standards recognize conventionalindustry tolerances for dimensions not expressed as a range. Thisapplies to field work, not design work. Tolerances necessary for aparticular manufacturing process are also permitted. Information onspecific tolerances may be available from industry and tradeorganizations, code groups and building officials, and publishedreferences.

Many dimensions in the ADA Standards are expressed as a range instead ofan absolute so that designers can allow some room for minor deviationsin construction or manufacturing. Tolerances do not apply to dimensionsspecified as a range.

Grab Bar Diameter and Clearance

Construction or manufacturing tolerances are permitted for the required clearance at grab bars since this is an absolute dimension (1½ inch), but they are not permitted for the grab bar diameter because a range is specified (1¼″ to 2″).

Calculation of Percentages

Some provisions in the ADA Standards specify a minimum number of elements or spaces as a minimum percentage or proportion. Rounding up to the next greater whole number is required where fractions or remainders occur. For example, if the standards require access to at least 5% of an element and a total of 25 are provided, at least 2 must be accessible(rounding up from 1.25).

In the case of specifications for dimensions or sizes that involve percentages or ratios, rounding down for values less than one half is allowed.

Figures in the Standards

Figures in the ADA Standards are provided only for informationalpurposes to illustrate dimensions and requirements contained in thetext. They do not establish enforceable requirements unless specificallystated otherwise.

Referenced Standards

[§105]

The ADA Standards reference industry standards for certain elements,including automated doors (ANSI/BHMA standards), means of egress (IBC),fire alarms (NFPA National Fire Alarm Code), elevators and platformlifts (ASME Safety Code), and play surfaces (ASTM standards).

The specific editions of these documents referenced by the ADA Standardsmust be followed. Use of a more recent edition of a referenced standardis not recognized until DOJ and DOT update their standards to referencethat edition. Compliance with a later edition may be possible under theprovision for “equivalent facilitation” if it is comparable to, orprovides greater accessibility than, the editions currently referencedby the ADA Standards.

Definitions

[§106]

Many important terms used in the ADA Standards are defined in section 106. DOJ’s and DOT’s regulations also include definitions that arerelevant to use of the ADA Standards. For example, DOJ’s regulations define entities covered by the ADA, such as “places of publicaccommodation,” or that are exempt from the ADA, such as “religious entities.”

Defined terms in referenced standards govern when those terms are notdefined in either the ADA Standards or regulations. Section 106.3 of theADA Standards provides that terms not specifically defined in section106.5, in regulations issued by either DOJ or DOT, or in referencedstandards, shall be defined by collegiate dictionaries in the sense thatthe context implies.

Common Questions

How are the ADA standards developed?

The ADA charges the Access Board with the responsibility of developingguidelines for accessible design that are intended to serve as the basisfor mandatory and enforceable ADA Standards adopted by DOJ and DOT. TheADA Standards and the Board’s guidelines are developed and adopted usingthe procedures that apply to the federal rulemaking process. Under thisprocess, agencies publish proposed language in the Federal Register, andthen provide the public with the opportunity to provide input during aspecified comment period. Often, agencies also hold public hearingsduring the comment period. Prior to publication of the final rule,agencies must review the public comments they have received. They alsomust assess the costs and benefits of the new guidelines or standards onthe public, including their impact on small businesses. The same processmust be followed for changes and updates to the guidelines andstandards.

Do the ADA Standards override state or local requirements?

No, both the ADA Standards and all applicable state and localrequirements must be satisfied. Where there is a difference, thestandard that provides greater accessibility must be followed.

If a state or local authority interprets an accessibility requirement differently than how a comparable requirement in the ADA Standards is interpreted under the ADA (or waives that requirement completely), does this have any bearing on ADA compliance?

No. While state or local authorities may interpret or waive their ownstate or local accessibility codes as they see fit, those decisions haveno effect on the obligation to comply with requirements of theapplicable ADA Standards. Covered entities are still required to design,construct or alter their facilities in compliance with the ADA Standardseven where comparable requirements in a state or local code areinterpreted or applied differently or are waived altogether by theappropriate state or local official.

Is there an official review and approval process under the ADA for alternatives pursued as an “equivalent facilitation”?

There is an official review and approval process under the ADA only fortransportation facilities (and vehicles) subject to DOT’s ADAregulations, which establish a process for determining whether aspecific departure from the specific technical and scoping requirementsprovides equal or greater accessibility.

DOJ does not have a mechanism to certify any specific variation from its2010 Standards as being “equivalent.” Proposed alternative designs, whensupported by available data, are not prohibited; but in any ADA title IIor title III investigation, compliance review, or lawsuit, the coveredentity would bear the burden of proving that any alternative designprovides equal or greater access.

Can later editions of the industry standards or building codes referenced by the ADA Standards be used?

The specific editions of the industry standards referenced by the ADAStandards are to be followed until DOJ or DOT revises its ADA Standardsto reference later editions. Compliance with a later edition of areferenced standard or building code not currently referenced by the ADAStandards may be possible under the provision for “equivalentfacilitation” if it is comparable to, or provides greater access than,the referenced editions.

Further Guidance

Technical assistance and additional guidance on using the ADA Standardsis available from the: